HomeMy WebLinkAboutMarch 04, 2010 - CouncilCOUNCIL AGENDA
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
9344 Plank Road, Straffordville
March 4, 2010
7:00 p.m.
6:30 p.m. - Committee of Adjustment
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 February 18, 2010.
(b)Added Item(s)
4.DELEGATIONS
(a)7:05 p.m. - Wanda Hoshal regarding Estherville Cemetery.
(b)7:15 p.m. - Steve Evans, Elgin County Planner regarding update on County Official
Plan.
5.INFORMATION ITEMS
(a)Copy of Resolution passed February 2, 2010 by the Corporation of the Town of
Gravenhurst regarding "Office of the Ombudsman".
File: C10
(b)Correspondence form The Association of Municipalities of Ontario regarding "AMO
Report to Members on January 2010 Board Meeting".
File: A01
(c)Correspondence dated February 8, 2010 from Jerry J. Ouellette, M.P.P. regarding
"Conservation Authorities".
File: A16
(d)Correspondence received from Land Use Council regarding "Land Management in
Ontario".
File: A16
6-17
18-19
20-22
23
24-30
Page 1 of 254
Council Agenda March 4, 2010
Page
5.INFORMATION ITEMS
(e)Correspondence dated February, 2010 from Ministry of Citizenship and
Immigration regarding "Newcomer Chyampion Award".
File: M02
(f)News Release from Elgin County Provincial Police regarding "Retirement".
File: P17
(g)Otter Valley Chamber of Commerce minutes of meeting held February 2, 2010.
File: C06
(h)Museums Bayham minutes of meeting held February 10, 2010.
File: C06
(i)Tillsonburg & District Multi-Service Centre Press Release dated February 19, 2010
regarding "Employment Ontario Programs Local Service Delivery Announcement".
File: M06
(j)Information sheet and registration form regarding "Jesse's Journey Fundraising
Friday".
File: M01
(k)Correspondence from the Office of the Lieutenant Governor of Ontario dated
February 26, 2010 regarding the Order of Ontario - Call for Nominations
File: M02
(l)Correspondence from Elgin County dated February 18, 2010 regarding Central
Elgin's appointment to County Council
6.PLANNING, DEVELOPMENT, RECREATION & TOURISM
(a)Staff Report D2010-05 regarding 911772 (Phillips) Consent Application E94/09.
File: D10.09
7.ROADS, AGRICULTURE & DRAINAGE
(a)Notice of Drainage Works from the Township of South - West Oxford regarding
"Crossett Drain - 2010".
File: E09
(b)Correspondence received February 23, 2010 from Chyrlynn Chilcott regarding
"plowing of sidewalks in Corinth" and request for a "light at the park on Best Line".
File: C13
31
32-33
34-36
37-40
41
42-43
44
45
46-61
62-100
101
Page 2 of 254
Council Agenda March 4, 2010
Page
7.ROADS, AGRICULTURE & DRAINAGE
(c)Correspondence dated February 19, 2010 from County of Elgin regarding "reduced
speed zone along Culloden Road ".
File: T07
8.PROPERTY, BUILDING & PROTECTIVE SERVICES
(a)Building Permit Reports for the months of January and February 2010.
File: P10
(b)Request from Calton Community Centre for permission to use Municipal sign to
advertise Calton Penny Sale to be held March 15, 2010.
File: C13
(c)Email correspondence dated February 24, 2010 from Fred Shelly, Treasurer, Trinity
Anglican Church requesting "Permission for Contained Fire at Easter Sunrise
Service".
File" C13
9.FINANCE, ADMINISTRATION & PERSONNEL
(a)Cheque Register being Cheque #7980 to Cheque #8134 inclusive, totaling
$357,560.24 and Payroll Disbursements for the period ending Feb. 7, 2010 totaling
$46,148.64 and period ending Feb. 21, 2010 totaling $45,750.73.
(b)Correspondence received February 23, 2009 from Elgin County Plowmen's
Association requesting financial assistance with the 2010 Elgin County Plowing
Match.
File: C13
(c)Staff Report C2010-03 regarding Civil Marriage Officiant Services.
File: L12
(d)Staff Report PR2010-02 regarding Harbour Facilities 2010.
File: L04
(e)Staff Report F2010-03 regarding Municipal Funding Agreement - Federal Gas Tax.
File: L04
(f)ByLaw 2010-021 A By-Law to authorize the Mayor and Clerk to execute a
lease agreement (Bradfield)
(g)By-Law 2010-022 A By-Law to authorize the execution of an amending
agreement (Association of Municipalities of Ontario)
102-103
104-105
106-107
108-129
130
131-151
152-158
159-178
179-184
185-202
Page 3 of 254
Council Agenda March 4, 2010
Page
9.FINANCE, ADMINISTRATION & PERSONNEL
(h)Staff Report E2010-02 regarding the Richmond Water System Financing
(i)Staff Memorandum dated February 24, 2010 regarding Beach
Washrooms/Concession Food Booth
10.ENVIRONMENT
(a)2009 Annual Compliance Report for the Bayham Water Distribution System.
File: E08
(b)Correspondence dated February 23, 2010 from Canadian General Standards
Board regarding "Ontario's Drinking Water Quality Management Standard".
File: E08
11.COMMITTEE OF THE WHOLE
(a)In Camera.
(b)Closed session minutes of the regular meeting of Council held February 18, 2010.
(c)Confidential Staff Report regarding labour relations or employee negotiations.
(d)Confidential Staff Report regarding labour relations or employee negotiations.
(e)Out of Camera.
12.BY-LAWS
(a)By-Law 2010-016 A By-law to confirm all actions of Council
(b)By-Law 2009-017 A By-Law to authorize Civil Marriage Solemnation Services.
(c)By-Law 2010-018 A By-Law to authorize the execution of an employment
agreement (Rogers)
(d)By-Law 2010-019 A By-Law to authorize the execution of an employment
agreement (Wharram)
(e)By-Law 2010-021 A By-Law to authorize the Mayor and Clerk to execute a
lease agreement (Bradfield)
(f)By-Law 2010-022 A By-Law to authorize the execution of an amending
agreement (Association of Municipalities of Ontario)
203-204
205-210
211-219
220
221
222-226
227-233
234-240
Page 4 of 254
Council Agenda March 4, 2010
Page
12.BY-LAWS
(g)By-Law 2010-023 A By-Law to authorize the execution of an agreement
(Accreditation of the Operating Authority of Municipal Drinking Water Systems)
13.ADJOURNMENT
(a)Adjournment
241-254
Page 5 of 254
COUNCIL MINUTES
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
9344 Plank Road, Straffordville
Thursday, February 18, 2010
7:00 p.m.
8:00 p.m. Public Meeting - Drainage
The regular meeting of the Council of the Municipality of Bayham was held on Thursday, February
18, 2009 in the Council Chambers. Present were Mayor Lynn Acre, Deputy Mayor Cliff Evanitski,
Councillors Mark Taylor, Wayne Casier and Ed Ketchabaw, Administrator Kyle Kruger and Clerk
Lynda Millard.
Planning Coordinator / Deputy Clerk Margaret Underhill and Chief Building Offtcial / Drainage
Superintendent Bill Knifton 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 PECI]NIARY INTEREST & THE GENERAL NATURE
THEREOF
None
3. APPROVAL OF MINUTES AND ADDITION OF AGENDA ITEMS
(a) Minutes of the regular meeting of Council held February 4,2010.
20r0-052
Moved by Councillor W Casier
Seconded by Deputy Mayor C Evanitski
"THAT the mÍnutes of the regular meeting held February 4, 2010 be
approved as circulated."
CARRIED UNANIMOUSLY
(b) Added ltem(s)
There were no items added to the agenda.
4. DELEGATIONS
(a) 7:05 p.m. - Representatives of the Aylmer - Central Elgin - Malahide Liaison
Committee regarding East Elgin Family Health Team.
Representatives present included Mayors Bob Habkirk (Aybner), John Wilson
(Malahide), Tom Marla (Central Elgin) and Family Health Team board member
Page I of 12
Minutes of the regular meeting of Council held February 18, 2010.Page 6 of 254
Council Minutes February 18,2010
Shirley Biro.
Each spoke of the need for Bayham to be included at the table to further support
team efforts to recruit family physicians and address local health care needs in
eastern Elgin. It was noted that although the Province encourages interdisciplinary
collaboration in the medical field, financial support incentives are about to be
dropped. Although no budget operating figures were available, it was suggested that
the Municipality of BaÈam consider financial support based on a 12% share of the
costs or on a per capita basis.
Council members were invited to attend a meeting on March 2nd for further
discussion with the Family Health Team and municipal representatives. Two
participating medical doctors are to lead the session. Due to Council commitments,
staff was requested to arrange for an alternate date for the proposed meeting so that
more members could attend.
5. INT'ORMATION ITEMS
(a) Conespondence dated February 2,2010 from Association of Municipalities of
Ontario regarding "Propelling Economic Prosperity - AMO Makes its 2010 Pre-
budget Submission".
File: 401
(b) Conespondence received February 11, 2010 from Pitch-In-Canada regarding
"Operation Clean Sweep".
File: 401
(c) Correspondence dated March 29,2010 regarding "Local Food Connection:
Farmer / Food Buyer Networking Event".
File: 404
(d) Correspondence received February 9,2010 from Ministry of the Environment
regarding "EBR Posting: Proposed Extension of the 2007 Canada-Ontario
Agreement Respecting the Great Lakes Basin Ecosystem".
File: Al6
(e) Correspondence dated February 4,2010 from Elgin County regarding "Elgin
County Conference Series: Evolution of the Harvest".
File: A16
(Ð Elgin Advantage newsletter from the Elgin Business Resource Cenhe.
File: 416
(g) Correspondence dated February 3,2010 from Ministry of Municipal Affairs and
Housing regarding "Long- standing Service Awards. "
File: A16
Page 2 of 12
Minutes of the regular meeting of Council held February 18, 2010.Page 7 of 254
Council Minutes February 18,2010
(h) Correspondence received February 12,2010 from Mat Redsell regarding "Bayham
Sewage Plant".
File: C13
(l) Long Point Region Conservation Authority Board of Directors minutes of meeting
held December 2,2009.
File: A16
0) Museums Bayharn minutes of meeting held January 13, 2010.
File: C06
(k) Bayham Community Centres Committee Draft Minutes of meeting held January 28,
20t0.
File: C06
0) Bayham Historical Society minutes of meeting held January 14,2010.
File: C06
(m) Lake Erie Region Source Protection Committee minutes of meeting held January 21,
2010.
File: E00
(n) Straffordville Cemetery Board minutes of meeting held February 4, 2010.
File: S09
(o) Elgin County Ontario Provincial Police News Release dated February 9 &,12,
2010.
File: Pl7
(p) South West Local Health lntegration Network Board of Directors highligbts of
meeting held January 13, 2010.
File: S08
(Ð Correspondence dated January 22,2010 from Kettle Creek Conservation
Authority and Long Point Region Conservation Authority regarding "KCCA-
LPRCA Cooperative Efliciency Study".
File: 416
2010-053
Moved by Councillor W Casier
Seconded by Deputy Mayor C Evanitski
'TTIIAT information items 5(a) through 5(q) be received for information.rf
CARRIED UNANIMOUSLY
6. PLA¡INING. DEVELOPMENT. RECREATION & TOURISM
Page3 of 12
Minutes of the regular meeting of Council held February 18, 2010.Page 8 of 254
Council Minutes February 18,2010
(a) Staff Report D2010-04 regarding Proposed Sand / Gravel Pit - Richmond Road.
File: Dl4
The Planning Coordinator advised that subsequent to the original planner's
comments dated February 12,2010 included in the agenda, the municipal Planner
had further reviewed the proposed sand/gravel pit application submission and
provided additional comments dated February 16,2010. The planner suggested
clarification was needed to determine whether the proposal is to be considered as
commercial extraction of aggregate or rehabilitation of agricultural lands and further
determine the application's compliance with zoning requirements and Official Plan
policies. As requested by the Ministry of Natural Resources (MNR), it was
recommended that his comments be forwarded to the MNR for their consideration.
20r0-054
Moved by Deputy Mayor C Evanits
Seconded by Councillor W Casier
*THÄT Staff Report D2010-04 regarding a proposed sand pit be received;
AND THAT the Municipal Planner's comments be forwarded to the
MinÍstry of Natural Resources."
CARRIED UNANIMOUSLY
7. ROADS. AGRICTJLTURE & DRAINAGE
1. CorresDondence and ReDorts
(a) Staff Report DR2010-003 regarding Straffordville Municipal Drain
Reapportionment (Schroyens Severance).
File: E09
2010-055
Moved by Councillor W Casier
Seconded by Deputy Mayor C Evanitski
"THAT StaffReport DR2010-003 regarding apportionment of
assessments contained within the Straffordville Municipal Drain be
received;
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 Kari Schroyens and Wayne
and Stacie Delong is hereby filed and accepted by Council;
THAT the Drainage Superintendent's reassessment as set out in
"Agreement between Property Owners for Drainage Apportionment due
Page 4 of 12
Minutes of the regular meeting of Council held February 18, 2010.Page 9 of 254
Council Minutes February 18,2010
to Land Severance or Sale" as executed by Kari Schroyens and Henry
and Margaret Letkeman is hereby filed and accepted by Council;
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 Kari Schroyens and Brett
and Tara Foster is hereby filed and accepted by Council;
AND THAT By-law #2010-009 being a By-law to amend the drainage
assessment for those lands identified as Assessment Roll #34-01-000-
004-02400 in the watershed of the Straffordville Municipal Drain
referred to in Engineer's Report forming part of Bayham Township By-
law #1780, be presented to Council for enactment."
CARRIED UNANIMOUSLY
(b) Drainage Tribunal decision regarding Municipal Drain No. 1.
File: 809
2010-056
Moved by Councillor E Ketchabaw
Seconded by Councillor W Casier
"THAT the Drainage Tribunal decision regarding Municipal Drain
No. 1, advising that the appeals of Mr. Robert Gregson under Section
48(1)b and 54(1) of the Drainage Act are denied, be received;
AND THAT Provisional By-Law 2009-112, being a bylaw to provide for
drainage works, be presented to Councit for third and final reading."
CARRIED UNANIMOUSLY
(c) Staff Report DR2010-004 regarding Municipal Drain No. l.
File: E09
2010-057
Moved by Deputy Mayor C Evanitski
Seconded by Councillor W Casier
"THAT StaffReport DR2010-004 regarding Municipal Drain No. 1 be
received;
AND THAT Council accept the tender for provision of drainage works
set out in the Form of Tender for the Municipal DraÍn No. 1, as
submitted by Van Bree Drainage & Bulldozing Ltd.,in the amount of
$303,287.25 (inctuding GST), with work to commence on or before
Page 5 of 12
Minutes of the regular meeting of Council held February 18, 2010.Page 10 of 254
Council Minutes February 18,2010
March 1,2010 and to be fully completed on or before May 1,20101'
A¡fD TIIAT Bylaw 2010-020 authorizing the execution of contract
documents be presented to Council for enactment."
CARRIED UNANIMOUSLY
(d) Request from Port Burwell Historical Society to hold Canada Day Parade on
July 1,2010.
File: T09
2010-058
Moved by Councillor W Casier
Seconded by Councillor E Ketchabaw
"TIIÁ.T correspondence dated February 412010 from RobertLozon,
Chair of Canada Day Celebrations, Port Burwell Historical Society be
received;
AND THAT municipal streets in Port Burwell be used for a Canada Day
Parade on July 1,2010 beginning at 11:00 a.m.;
AND TIIAT the Municipality hereby requests permission from the
County of Elgin to use \ilellington Street from Elizabeth Street, west to
Robinson Street;
AND THAT the Municipality of Bayham Manager of Public Works take
the necessary precautions for traffic control, safety and signage
requirements.tt
CARRIED UNANIMOUSLY
2. PTJBLIC MEETING
2010-0s9
Moved by Councillor E Ketchabaw
Seconded by Councillor M Taylor
'TTHAT the Council meeting be adjourned in order to hold a Public Meeting
pursuant to the provisions of the Drainage Act."
CARRIED UNANIMOUSLY
1. Public Meetins
(a) 8:00 p.m. - Smith Drain Branch No. 7 - to consider Spriet Associates
Page 6 ofl2
Minutes of the regular meeting of Council held February 18, 2010.Page 11 of 254
Council Minutes February 18,2010
Engineer's Report #208347 dated Decemb et 29, 2009. (Full report
attached in Section 12By-Law 2010-011)
File: E09
2. Declaration of Pecuniary Interest and the General Nature Thereof
None
3. Staff Presentation
(a) Staff Report DR2010-002 regarding Smith Drain Branch No. 7 and
Engineer's Report.
Drainage Superintendent Bill Knifton presented his report. The Engineer's
report was presented by John Spriet Jr. on behalf of Spriet Associates.
4. Public Comments
None
5. Council Comments and Ouestions
Councillor Casier questioned the need to conduct a cut under Elliott Road as
opposed to boring under Pressey Road.
The Engineer responded that there is higher volume of traffrc on Pressey
Road and suggested that boring under would be more cost effective than
dealing with haffic control while carrying out a cut.
Councillor Ketchabaw questioned whether there would be more stress
created on the Little Jerry outlet.
The Engineer confirrned maintenance for the Little Jerry would be ongoing in
order to handle the additional flow.
6. Adiournment
2010-060
Moved by Councillor M Taylor
Seconded by Councillor E Ketchabaw
"THA,T the Public Meeting be adjourned at 8:06 p.m."
CARRIED UNANIMOUSLY
7. Disnosition of ltem
2010-061
PageT of12
Minutes of the regular meeting of Council held February 18, 2010.Page 12 of 254
Council Minutes February 18,2010
Moved by Councillor E Ketchabaw
Seconded by Councillor M Taylor
THAT StaffReport DR2010-002 regarding Smith Drain Branch No. 7 and
Engineer's Report be received;
THAT in accordance with Sections 44 to 46 of the Drainage Act Council of the
Corporation of the Municipality of Bayham hereby adopts Spriet Associates
report #208347 dated I)ecember 2912009, referred to as the "Smith Drain
Branch No.7" report;
AND TIIAT Provisional By-taw #2010- 011 be given first and second reading;
AND THAT the Clerk be directed to distribute copies of the Provisional Bylaw
and Notice of the time and place of the first sitting of the Court of Revision to the
affected parties pursuant to Section 46 (2) of the Drainage Act;
AND THAT a date of April1,2010 at 8:00 p.m. be set for the first sitting of the
Court of Revision.
CARRIED I.INANIMOUSLY
8. PROPERTY. BUILDING & PROTECTIVE SERVICES
(a) Conespondence received February 9,2010 from Valerie Donnell regarding Port
Burwell washroom.
File:C13
Ms. Donnell was present and responded to questions from Council regarding her
operation of the food booth in concert with the beach wasbroom facility.
20t0-062
Moved by Councillor M Taylor
Seconded by Councillor W Casie
"TIIÄT Correspondence received February 912010 from Valerie Donnell
regarding Port Burwell washroom be received."
CARRIED {.JNANIMOUSLY
9. FINANCE. ADMINISTRATION & PERSONNEL
(a) Cheque Register being Cheque#7980 to Cheque #8070 inclusive totaling
5193,542.89 and Payroll Disbursements for the period ending February 7,2010
totaling 546,148.64.
Page 8 of 12
Minutes of the regular meeting of Council held February 18, 2010.Page 13 of 254
Council Minutes February 18,2010
2010-063
Movedby Councillor E Ketchabaw
Seconded by Councillor W Casier
"THAT Cheque Register being cheque #7980 to Cheque #8070 inclusive
totaling $193,542.89 and Payroll Disbursements for the period ending
February 7,2010 totaling $46,148.64 be approved."
CARRIED UNANIMOUSLY
(b) Verbal update regarding Fence Viewers Appointment, Draft By-Law 2010-012.
Staff confirmed Mr. Wood had been contacted and indicated that he was willing to
serve as a fence viewer.
20r0-064
Moved by Councillor E Ketchabaw
Seconded by Councillor W Casier
'iTHA,T By-Law 2010-0l2,being a by-law to appoint Richard Wood as a
fence viewer, be presented to Council for enactment."
CARRIED UNANIMOUSLY
(c) StaffMemorandumregardingHarbourfrontCommitteeMembership.
File: C00
2010-06s
Moved by Councillor M Taylor
Seconded by Deputy Mayor C Evanitski
"TH.A,T Staff Memorandum regarding Harbourfront Committee
Membership be received;
AND THAT the following individuals be appointed to the Committee
Ron Bradfield
Craig Gregson
Doug Lester
Brenda Martin
Ray Talbot.f'
CARRIED I-INANIMOUSLY
Page 9 of 12
Minutes of the regular meeting of Council held February 18, 2010.Page 14 of 254
Council Minutes February 18,2010
(d) StaffReport F2010-02 regarding CAF Fund Agreement.
File: F05
20t0-066
Moved by Deputy Mayor C Evanitski
Seconded by Councillor W Casier
"TIIAT StaffReport F2010-02 regarding CAF Fund Agreement be
received;
AND THAT By-Law 2010-013, being a bylaw to authorize an amending
agreement between the Municipality of Bayham and Her Majesty the
Queen in Right of Canada as represented by the Minister responsible for
the Federal Economic Development Agency for Southern Ontario be
presented to Council for enactment."
CARRIED UNANIMOUSLY
10. ENVIRONMENT
11. COMMITTEE OF THE WHOLE
(a) In Camera.
2010-067
Moved by Deputy Mayor C Evanitski
Seconded by Councillor W Casier
"TIIAT the Council do now rise to enter into an "In Camera" Session of
Committee of the Whole at 8:13 p.m. to discuss:
. labour relations or employee negotiations."
CARRIED UNANIMOUSLY
(b) Closed session minutes of the regular meeting of Council held February 4,2010.
(c) Staff Report regarding labour relations or employee negotiations.
(d) StaffReport regarding labour relations or employee negotiations.
(e) Out of Camera.
2010-068
Moved by Councillor W Casier
Page 10 of 12
Minutes of the regular meeting of Council held February 18, 2010.Page 15 of 254
Council Minutes February 18,2010
Seconded by Deputy Mayor C Evanitski
"THAT the Committee of the Whole do now rise from the "In Camera"
session at 8:25 p.m."
CARRIED UNANIMOUSLY
2010-069
Moved by Councillor E Ketchabaw
Seconded by Deputy Mayor C Evanitski
"THAT Mr. Denis Duguay be hired for the position of Treasurer with terms
of employment as outlined in Report IJ2010-02."
CARRIED T.INANIMOUSLY
12. BY.LAWS
(a) By-Law 2009-ll2 A Provisional By-Law to provide for drainage works
(Municipal Drain No. l) third reading only
(b) By-Law 2010-009 A By-Law to further amend by-Law #1780 as amended to
provide for ttre Shaffordville Municipal Drain
(c) By-Law 2010-011 A Provisional By-Law to provide for drainage works (Smith
Drain No. 7) first and second reading only
(d) By-Law 2010-012 A By-Law to amend By-Law 2010-006 to appoint Fence
Viewers
(e) By-Law 2010-013 A By-Law to authorize the execution of an agreement
(Communþ Adjustment Fund)
(Ð By-Law 2010-020 A By-Law to authorize the execution of an agreement (Van
Bree Drainage & Bulldozing Ltd.)
2010-070
Moved by Councillor W Casier
Seconded by Councillor E Ketchabaw
"THAT Provisional By-Law 2010-011 be read a first and second time only;
THAT Provisional By-Law 200g-ll2be read a third time and finally passed;
AND THAT By-Laws 2010-009, 2010-012,2010-013 and 2010-020 be read a
first, second and third time and finally passed."
Page 1l of12
Minutes of the regular meeting of Council held February 18, 2010.Page 16 of 254
Council Minutes February 18,2010
CARRIED UNANIMOUSLY
(g) By-law 2010-014 A By-law to confinn all actions of Council
2010-071
Moved by Councillor E Ketchabaw
Seconded by Councillor W Casier
"That confirming Bylaw 2010-014 be read a first, second and third time and
finally passed."
CARRIED UNANIMOUSLY
13. ADJOURNMENT
(a) Adjounnment
20t0-072
Moved by Deputy Mayor C Evanitski
Seconded by Councillor W Casier
'TTHAT the Council Meeting be adjourned at8z27 p.m."
CARRIED UNANIMOUSLY
MAYOR
Page 12 of 72
Minutes of the regular meeting of Council held February 18, 2010.Page 17 of 254
5
Ctov{
THE CORPORATION OF THE TO\ryN OF GRAVENHIJR.ST
Resolution No.
Seconded By:
WHEREAS the Ombudsman is the "citizen represenhtive" and the Office of the Ombudsman
is responsible for responding to complaints affecting govemment organizations save and
except hospitals, long-term care facilities and children's aid societies;
AND WHEREAS the Office of the Ombudsman has been advocatlng since 1975 to include
hospitals, under the jurisdiction of the Ombudsman, but to date, Ontario remains the ONLY
Province in Canada who's Ombudsman has no jurisdiction over hospilals and long-term care
facilitles;
AND WHEREAS hosplbls spend more than $20 billion in public money every year in
Ontario;
AND WHEREAS whether overseeing the police, the mititary or the Provincial Government,
Mr. Marin has stated one of the beliefs that's closest to his heart is that these bodles don't
exist fsr their own ends. They exist to serve the public. The public also has great
expectations of the checks and balances that exist to keep the system functÍoning as it
should;
AND WHEREAS the historical reason for not including hospihls under the Ombudsman Act
is extremely weak and is based on the fact they do not fall under the definition because they
have theír own elected boards;
AND WHEREAS a municipal "board of directors" is directly elected by the public and the
hospital board is noÇ
AND WHEREAS the Office of the ombudsman is quoted as saying "ontario is the only
province in Canada whose Ombudsman does not have a mandate to oversee hospibals'
berpltu thi+ the Ombudsman's Office receives many serious complainb about hospitals evlU
yeai tnut cánnot be investigated. A tohl of 276 com.plalnts about hospitals were received in
fÏscal 2007-2008";
D¡te: Feb 2nd, 2010
Copy of Resolution passed February 2, 2010 by the Corporation
of the Town of Gravenhurst regarding "Office of the Ombudsman".
Page 18 of 254
v
Page 2...
AND WHEREAS the time has come for the Government of Ontario to include hospitals under
the jurisdiction of the Ombudsman Act to ensure a high level of health care, fiscal
responsibility, accountab¡lity, openness a nd transparency;
NOW THEREFORE BE IT RESOLVED THAT the Council of the Town of Gravenhurst
hereby petitions the Premler of Ontario to take the necessary steps in a timely manner to
amend the Ombudsman Act to include hospitals under the jurisdicüon of the Ombudsman;
AND FURTHER THAT in the event the Premier responds negatively, the Council of the Town
of Gravenhurst respecffully requests and expects a full and complete explanation as to why
the Province wlll not amend the Act as requested;
AND FURTHER THAT thls resolution be circulated to all munlclpalltles ln the Provlnce of
Ontario for supporÇ
AND THAT the appropriate persons be sã notified of this action;
AND THAT the Premier of Ontario, Minister of Health and Long-Term Care, Speaker of he
Ontario Leglslature, Distr¡ct of Muskoka MPPs, Onbrio's Ombudsman, Chief Medical Officer of
Health, alPHa, and all Onhrio boards of health and municipalities be so advised.
DISCLOSURE OF
PECUNIARY IilTEREST
RECORDED
VOTE
MEMBER OF
COUNCIL
(v)YEA NAY
Councillor Caims
Councillor Clairmont
Councillor Colhoun
Councillor Donaldson LOST CARRI,ED
Councillor Guerriero .1/
Councillor B Pilqer
¿l UC¡uncillorT. Pilqer
Councillor Wilson
Mavor Klinck SIGNATURE
Copy of Resolution passed February 2, 2010 by the Corporation
of the Town of Gravenhurst regarding "Office of the Ombudsman".
Page 19 of 254
5
Êt o,
200 Un¡vers¡ty Ave, Suite 801
Toronto, ON MsH 3C6
Tel.: (416) 971-9856 | Fax: (a16) 97'l-6'191
E+nail: amo@amo.on.ca
AMO Report to Members
on January 2010 Board Meeting
To keep members informed, AMO provides updates on important issues considered at
regular AMO Board of Directors' meetings. Highlights of the January 2010 Board meeting
follow:
AMO Pre-Budget Submission
The Board approved an outline of the AMO 2010 pre-budget submission, delivered to the
Standing Committee on Finance and Economic Affairs on February 2,2010. Entitled
"Propelling Economic Prosperity'', the submission focused on the following issues: that the
provincial deficit cannot alter negatively the current cost-shared arrangements that provide
predictable municipal funding; calls for the reconciliation of Ontario Municipal Partnership
Fund (OMPF) social programs grant for 2008 and 2009; continued investment in municipal
infrastructure; improved economic development opportunities with several new financing
tools; and, rebalancing municipal liability exposure as a result of the 1o/o rule through
legislative change.
Gontact: Matthew Wilson, Senior Policy Advisor, email: mwilson@amo.on.ca; phone:
416.971.9856 ext 323.
Joint and Several Liability Paper
The Board approved The Case for Joint and Several Liabllity Reform in Ontario. Joint and
several liability provisions are having a significant impact on litigation and municipal
governments and their insurance. The courts may oblige a defendant (i.e., a municipality)
which is only 1% at fault, to pay the plaintiff's entire judgment particularly in cases where
another defendant who has greater fault is unable to meet a court ordered award. As "deep
pocket" defendants, municipalities, with what some view as seemingly limitless public
resources at their disposal through the power of taxation, have often become the targets of
litigation. The paper will be formally presented to the Attorney General at a future
Memorandum of Understanding meeting.
Contact: Matthew Wilson, Senior Policy Advisor, email: mwilson@amo.on.ca; phone:
416.971.9856 ext 323.
lmplementation of the Provincial Municipal Fiscal Service Delivery Review (PMFSDR)
The Board received an update on the progress of the PMFSDR implementation working
groups. Activities are underway to implement the recommendations in all areas of the
review. This includes the integration of employment services across Ontario Works, ODSP
and Employment Ontario. Principles to determine the Ontario Works Cost of Administration
are being discussed as well as the development of an accountability model in light of the
planned upload of costs. Also in the human services portfolio, the consolidation of housing
and homelessness programs is being undertaken which includes a new accountability
framework and approach to community human services planning. On Court Security, costs
Association of
^L.fO
M unicipalities of Ontario
Correspondence form The Association of Municipalities of
Ontario regarding "AMO Report to Members on January 2010
Page 20 of 254
and standards work is progressing. ln addition, the commitment to develop an option
regarding responsibilities and funding arrangements for roads and bridges has been
recently initiated.
As with the Review, the implementation is a joint partnership with the appropriate ministries
and municipal staff representatives doing the work. Working groups each have an approved
terms of reference, work plan and will keep the Ontario-AMO Memorandum of
Understanding team informed of the progress. AMO staff will continue to keep the Board
informed on progress.
Contact: Petra Wolfbeiss, Senior Policy Advisor, email: pwolfbeiss(@amo.on.ca; phone:
416.971.9856 ext 329
Bill237:. An Act to Sustain and Encourage lmprovement in Ontario's Water and
Waste Services
This Private Member's Bill by MPP David Caplan would significantly restructure municipal
water and waste water services in Ontario, including requiring municipalities to devolve their
water and waste water assets to municipal service corporations for management, requiring
water and waste water services serving fewer than 10,000 customers to amalgamate with
other water and waste water services, and establishing an economic regulator to ensure full
cost recovery pricing among other changes. The Board directed AMO staff to prepare a
letter which outlines concerns with the Bill, and demanding full consultation with the sector
before legislation is introduced.
Contact: Craig Reid, Senior Policy Advisor, email: creid@amo.on.ca; phone: 416.971.9856
ext 334.
Long Combination Vehicles
Some municipalities in Ontario are part of a one year pilot project by MTO to allow Long
Combination Vehicles on Ontario roads. The Board directed AMO staff to request MTO to
provide a report with the results of its pilot evaluation program after it has taken place and
conclusions have been drawn.
Contact: Craig Reid, Senior Policy Advisor, email: creid(ôamo.on.ca; phone: 416.971.9856
ext 334.
Response to Waste Diversion Act "Towards Zero Waste"
AMO, MunicipalWaste Association (MWA) and Regional Public Works Commissioners
(RPWCO) jointly developed a response to the consultation paper on the Waste Diversion
Act. The response recommendations support making individual producers fully and
financially responsible (EPR) for management of all the material sold into the Ontario
marketplace. lt recommends that consumer services remain highly accessible, including
service in the rural, northern and remote municipalities and that transition planning begin as
soon as possible.
Gontact: Milena Avramovic, Senior Policy Advisor, email: mavramovic@amo.on.ca; phone:
416.971.9856 ext342.
CUTA Vision 2040
The Board received a presentation from the Canadian Urban Transit Association (CUTA) on
"Vision 2040 - A Vision for the Next Generation". CUTA outlined the themes and strategic
directions of the Vision, stating that municipalities play a leading role in coordinating transit
and community development.
Association of
^l{O
M unicipalities of Ontario2-3
Correspondence form The Association of Municipalities of
Ontario regarding "AMO Report to Members on January 2010
Page 21 of 254
Gontact: Craig Reid, Senior Policy Advisor, email: creid@amo.on.ca; phone: 416.971.9856
ext 334.
OMERS Presentation
The Board received a presentation from MEPCO regarding the OMERS pension plan. ln
2008, the OMERS pension plan fellfrom a surplus of $82 million to a deficit of $279 million.
A contribution rate increase of 0.15o/o per side effective January 1,2010 will address the
deficit; however, investment losses during the same period will result in a loss of $6.4 billion
that must be accounted for over the next four years. Without changes to the plan or an
exemption from solvency requirements, the 15.34% combined contribution rate that
employers and employees currently pay could grow to more than 22o/o by 2013. Given
decisions made by the Sponsors Corporation may not impact the Plan for more than a year,
the time to discuss managing these impacts is now. To move beyond the annual cycle of
various specific Plan change proposals by Plan sponsors, MEPCO is developing a long
term funding strategy, which will consider all factors influencing Plan health and its future
sustainability and affordability for both employers and employees.
Gontact: Pat Vanini, Executive Director, email: ovanini@amo.on.ca; phone: 416.971.9856
ext 316 or Bruce Mcleod, AMO staff, email: bmcleod@amo.on.ca; phone 416.971.9856 ext
350.
This information is available in the Policy /ssues secfi'on of the AMO website at www.amo.on.ca.
3-3
Association of
^Ha
M unicipalities of Ontario
Correspondence form The Association of Municipalities of
Ontario regarding "AMO Report to Members on January 2010
Page 22 of 254
5
EMBLY
JERRY J. OUETI.ETTE, M.P.P.
0shawa
Queen's Park Office: Constituency Ofüce:
Rm. 428 1 70 Athol SL E.
l-egisìat¡ve Building Oshawa,Onhrio
Toronto,ontario M7A 148 LlH 1Kl
Tel. (a1 6) 325-2147 Tel. (905) 723-2411
Fax (416) 325-2169 Fax (905) 723-1054
E-mai | : jeny.ouef I ette@ pc.ola.org
Webs¡te: www.oshawampp.com
February 8,2010
Mayor Lynn Acre & Council
9344PIankRoad, P.O. Box 160
Straffordville ON
NOJ IYO
Dear Mayor & Council,
As you know, Conservation Authorities in Ontario are an integral part of the successful management of
our watershed-based natural resources for healtþ, sustainable ecosystems, communities and industries.
I understand the importance of consulting with the public and gathering expertise from various
orgarizations and professionals to achieve a balance of the ecological and social impacts that reflect the
concerns of all resource users. As former Minister of Natural Resources, I also recognize the challenges
of balancing resource user groups in a fair and transparent manner and utilizing the best available
science to develop effective land-use policies.
In order to move forward with the most effective land use strategies, we need to ensure that the
legislation and regulations governing conservation authorities is the most up-to-date, streamlined and
practical as possible. In addition, there needs to be a clear, transparent and decisive protocol to follow.
In an effort to continuously improve and uphold the best practices of our Conservation Authorities, I
would appreciate your informed feedback and comments conceming legislation, regulations and the
organizational responsibilities of the Conservation Authorities, including the good aspects of the
organizations as well as what needs to be changed and how these changes need to implemented.
Thank you in advance for your careful consideration and valuable input.
Yours Sincerely,
Jerry J. Ouellette, MPP
Oshawa
Official Opposition Critic, Natural Resources
Correspondence dated February 8, 2010 from Jerry J. Ouellette,
M.P.P. regarding "Conservation Authorities". File: A16
Page 23 of 254
S
âìtLAIVD USE COT]]VCN
"advocating socíøL, economìc and environmental balance ìn government legisløtion affecting land"
16190 Highways 7 & 12, Sunderland, Ontario, LOC 1H0 - Phone: 705-357-3054 / Fax: 5f9-705-357-3963
INFORMATION BULLETIN TO: Municipal Councils FROM: Bruce Pearse, Chair
Land Use Council
RE: Land Management in Ontario ffi';T:i:äi"r this cover page pATE: February t7,2010
The Land Use Council is mandated to circulate positive and negative consequences of government action
affecting use, mortgage worth and market value of private land. In that regard, documents are attached that
point to a need for review of the role and function of Conservation Authorities (CAs) in Ontario. 'We believe
such an assessment will help heal a growing disconnect between district CAs and the communities they serye.
Your support for an impartial CA review is solicited and your suggestions to that end will be appreciated.
Some background: Land use regulations in municipal Official Plans (OPs) must conform to the Provincial
Planning Act and Provincial Policy Statements as directed by the Ministry of Municipal Affairs and Housing.
These statutes, and hence all OPs, are subject to interim modification at Queen's Park.
After Hurricane Hazel inl954 district CAs were created as agencies of the Ministry of Natural Resources to
deal with flood plain management and contract with municipalities to enforce local OP hazardland
regulations. Provincial funding for each district CA was originally supplemented by a municipal tax levy for
services rendered and by permit fees charged directly to private developers. However, Queen's Park funding
for CAs was terminated in the mid-9Os but, at the same time, their mandate was expanded from flood plain
supervision to conservation management of entire watersheds.
In order to develop sources of income and provide more planning services CAs steadily increased municipal
levies and development permit fees as well as staff, equipment and infrastructure. Consequently, several
municipalities in Ontario have struggled with CA levy increases of more than200%o over the past ten years
with resulting pressure on local budgets and lock-step escalation of local property taxes.
These compounding increases began when the entire CA cost burden was downloaded from the province to
municipalities. They result from provincial demands for municipal implementation of excessive land use
regulations, some of which are initiated by professional lobbyists generously funded by Queen's Park. In a
broader view, unsustainable CA costs are rooted in government failure to encourage competitive bidding from
all qualified suppliers of OP enforcement services. There is also a need to establish district standards for
municipal conservation service contracts including, but not limited to, defined operating limits, tax levy caps,
sensible permit fees, no-cost arbitration for aggrieved landowners and independent district audits.
Please study the attached documents and support a public review of Conservation Authorities in Ontario.
Food Choin / Holfon Region Federotion of Agrîculture / Ontorio Londowners Associofion
Ontorio Property ond EnvironmentolRights Allionce / Peel District Federotion of Agriculfure
E-Maíl: landusecouncil@gmail.com Web Page: www.landusecouncil@gmail.com
Correspondence received from Land Use Council regarding
"Land Management in Ontario". File: A16
Page 24 of 254
PEEL FEDERA'
of AcRtcuLTu
Friday, January 15,2010
To: Regional Chair and Council, Region of Peel, January 21,2010 Council Meeting
Peel Federation of Agriculture Comments on:
Credit Valley Conservation
WATERSHED PLANNING AND REGULATION POLICIES FINAL DRAFT November 2009 [97p.p.]
Puroose of PFA Comments:
The Peel Federation of Agriculture is concerned with the direction CVC is taking in its proposed planning and regulation
policies which;
= do not follow the originar intent of the regislative provisions of the conservation Authorities Act,
]çtrftr$ffiffiffi**î,^"'
PFA Request: That Regional Council, as primary funding source of the CVC, investigate the PFA concerns and
determ ine their validity.
CVG Program:
Secfion 20 of the Conseruation Authorities Act outlines the object of the CAs as follows:
"establish and undertake, in the area over which it has jurisdiction, a program designed to fu¡úher the
conservation, restoration, development, and management of natural resources other than gas, oil, coal and
minerals." Pg. 11
PFA Goncerns:
CVC has so many documents on various topics that it is impossible to determine what its program is for
natural resources. The primary object of CVC must be readily available & clearly set out.
Natural Resources mean inputs to the economy such as timber, fish, soil, stone, water power, water for
irrigation, etc. Somehow, 'natural heritage' features and systems have been substituted for economic inputs
without any legislative direction under the Conservation Authorities Act. CVC is not adhering to the Section 20
Objects of the Conservation Authorities Act.
Powers of a Conservation Authority:
"To acquire, by purchase, /ease or otherwise and to expropriate any land that it may
require...i'PS. 12
PFA Concerns:
CVC and other Conservation Authorities have a practice of demanding private lands
they deem 'environmental' in some way, without compensation as a condition of
development. The O.M.B. [Decision: PL051147 ] stated, "Lastly, the Board is not persuaded there is any
rationale either based on the facts, or in law, to require those portions of the site designated as EP to be placed
in public ownership by order of the Board.
1.
Correspondence received from Land Use Council regarding
"Land Management in Ontario". File: A16
Page 25 of 254
While this may be the goal of the TRCA and the Town, neither sought to purchase the site when it became
available from Ontario Hydro nor was there evidence to suggest that those portions of the land will receive
superior attention following the EP designation if they were transferred by the Board to public ownership."
The CVC and other Conservation Authorities are operating ultra vires when they demand land as a condition of
development approval.
CVG's Role in Planning Matters:
"The Ministry of NaturalResources (MNR), Ministry of MunicipalAffairs and Housing (MMAH) and Conservation
Ontario (CO) have a memorandum of understanding (MOU) defining the roles and relationshþs for
implementing delegated responsibilities under the Provincial One Window Planning Sysfem." [p9.13]
PFA Concerns:
The MoU was signed by a Mr. Hunter, General Manager of Conservation Ontario. Conservation Ontario.
Conservation Ontario was incorporated as a "not for profit" organization, #2002796 Ontario Limited, on May 1,
2001 with the 36 Conservation Authorities as shareholders each with l0 common shares @ $1 .OO per share.
There is no legislative authority under the Conservation Authorities Act to provide for some other body than the
Board of a Conservation Authority to make legal commitments. By contrast the Department of Fisheries &
Oceans has signed individual MoU's with each of the Conservation Authorities and authorized by each Board.
ln any case, the MoU is very specific in onlv referring to P.P.S. Section 3.1 Natural Hazards, as an area where
Conservation Authorities represent the 'Provincial lnterest', where the Province is not involved. There is no
reference to Natural Heritage.
A third concern with Conservation Ontario involvement in public policy formation and implementation is the
secrecy available to corporations operating outside of the public eye. Public business should be public business.
Open and traceable decisions are carefully protected under the Municipal Act and Planning Act for all
municipalities but there seems to be no comparable protection under the Conservation Authorities Act.
Fourthly, approximately two thirds of Conservation Ontario's budget is public money with no accounting of how,
where and why it is being spent. These monies flow from the local property tax base through CVC, for example,
to Conservation Ontario.
Fifthly, there are no Provincial funds to compensate municipal property tax payers for the provision of Provincial
lnterest in Natural Haza¡d implementation.
Planning Advisory Services to Municipalities:
"The provision of planning advisory seryices to municipalities is implemented through a seruice agreement (or
me mora nd u m of u nd e r sta nd i ng) with p añi ci pati ng m u nicipal itie s. . ."
The PFA is concerned that municipal staff confuse the provision of technical planning advice provided under an
MoU with decision making authority under the Planníng Act. This confusion effectively fetters municipal
díscretion.
Regulatory Respons ibilities:
"...CAs often enter into agreements to transfer regulatory/approval responsibilities to individual CAs." lpg.14]
PFA Concerns:
The PFA does not understand this statement. Does this mean the CVC could or would transfer
regulatory/approval authority to say, the Grand River Conservation Authority or the Raisin River Conservation
Authority?
"CVC has entered into a Level ll agreement with Fisheries and Oceans Canada (DFO) to review projects under
Secfion 35(1) of the Fisheries Act;' lpg.14l
2.
Correspondence received from Land Use Council regarding
"Land Management in Ontario". File: A16
Page 26 of 254
PFA Concerns:
The CVC may be the most appropriate agency to provide screening of major development applications in the
Watershed however it can not become a decision maker under the Fisheries Act via an MoU and secondly
there must be compensation to the property tax payer for the costs of these services to the Federal Gov.
Goals: [pg. 15]
PFA Goncerns:
CVC lists five topic areas as goals none of which address the Section 20 Objects of "establish and undertake, in
the area over which it has jurisdiction, a program designed to further the conseruation, restoration, development,
and management of natural resources other than gas, oil, coal and minerals."
"Water Quantity" - To manage the hydrological sysfems of the watersheds in a manner that emulates natural
processes while recognizing human needs" [pg.15]
PFA Concerns:
The PFA is concerned with the goal of managing hydrologic systems. Managing means the active intervention
and control of a process. ln this case CVC is claiming to take responsibility for and be accountable for all
precipitation, all runoff, all ground water, and all stream base flows in streams, anything associated with natural
and man-made hydrologic systems. We do not understand how this may be accomplished on a watershed scale
and secondly are concerned with the liabilities associated with such a far reaching goal.
"Terrestrîal and Aquatic Species, Communities and Ecosystems - To protect, restore and enhance the ecological
integrity of the natural areas, features and systems within CVC's jurisdiction;" [pg.l5]
PFA Goncerns:
lntegrity is a vague term, impossibfe to pin down in chaotic, indeterminate systems characteristic of nature. The
use of term integrity as a goal to be achieved is problematic for an agency to use as integrity can never be
determined.
The PFA advocates the adoption of the Ecosystem Approach to watershed decision making which incorporates
a balanced consideration of environmental, economic and cultural aspects in natural resource decision making.
The 3 leg stool metaphor is useful as no leg can be missed without destabilizing the other two. Current
environmental management thinking represents a distortion where the environmental leg is given primacy over
both social and economic legs. We note the CVC document under Objective C. c. Terrestrial and Aquatic
Species, Communities and Ecosystems; "Promote integrated ecosystem management of aquatic and terrestrial
sysfems and areas within the watershed for plant, animal and human needs". lpg.16] is an objective. The PFA
prefer this to be an overall implementation objective of the CVC natural resource Program and its land use
planning advice to municipalities.
Objectives:
Water Quality and Water Quantity [p9.15-16]
PFA Concerns:
These two phenomena are under Ministry of Environment jurisdiction. Pollution and water taking are subject to
permits based on scientific study. CVC's participation and expanded jurisdiction is a duplication of work and
adds confusion to who is the decision maker. ln addition, there are added costs to the property taxpayer
involved in this duplication.
Terrestrial and Aquatic Specreg Communities and Ecosystems: precautionary principle [p9.17]
PFA Concerns:
ln addition to our comments above under Goals the PFA is concerned with CVC's staff practice of treating very
trivial environmental changes, small site grading and removal of a few early successional trees, as a basis for
prohibiting small scale development related to the ordinary use and enjoyment of lands.
3.
Correspondence received from Land Use Council regarding
"Land Management in Ontario". File: A16
Page 27 of 254
This matter becomes important when the precautionary principle is cited [pg. 17] under Principles: "Where there
is uncertainty, risk or irreversibility we are cautious and will err on the side of protecting the environmenf'. The
PFA has no idea of how irreversibility can be determined. At a site scale? At the watershed scale? The PFA has
learned there is resilience in nature. For example the Forks of the Credit area was heavily industrialized at 1900
and denuded of forest cover but is now viewed as a significant woodland and wild life habitat area.
Social & Economic factors: [pg.f 5]
PFA Concerns:
There is no refereirce to natural resources, the core object of the CVC, under this heading.
Principles:"Promote ecologically sustainable development designs, practices, lifestyles and behavior within urban and
rural communities" [pg.1 7]
PFA Goncerns:
The PFA does not understand how this very broad principle relates to the Section 20 Objective natural
resources or any other provision of the Conservation Authorities Act.
4.1 Watershed Planning, 4.2 Natural Heritage Systems, and 4.34 Natural Heritage Systems Approach to
Watershed Planning [pp.f 9-20]
PFA Goncerns:
These three initiatives represent a major, self declared, expansion of CVC's mandate into land use control,
unsupported by any reference to the Conservation Authorities Act and will become a source of increased cost,
duplication, and confusion with municipal responsibilities under the Planning Act. Under 5.1.2"CVC will
encourage efficient land use and development patterns, including intensification and redevelopment that allows
for the efficient use of land, infrastructure and public services...' [pg. 23] These are clearly municipal areas of
jurisdiction and are probably MNR jurisdiction also.
5.3.3.3 Areas of Natural and Scientific lnterest (ANSls) - Life Science: [pg.29]
a) The exact limits of life science ANS/s are to be determined by the Ministry of NaturalResources.
b) CVC will not support planning approvals for development (2) and site alteration within provincial and
regional life science ANS/s, except where allowed under the policies in Chapters 6
c) CVC will not permit development (1) within provincial and regional life science ANS/s in regulated areas,
except where allowed under the policies in Chapter 7.
PFA Goncerns:
There are no references to the legislative authority for the CVC to not support and not oermit. The language
indicates a closed mind. The PFA once again expresses concern that MNR has not been required to notify
affected landowners of an ANSI study area, or that one may have been approved on privately owned lands. The
MNR must be required to act as the proponent of Official Plan Amendments for ANSI's in order to provide
fairness in the land use planning process. Finally ANSI's are already covered under the Planning Act through
the P.P.S. CVC's involvement represents an additional duplication of municipal Planning Act responsibilities.
Conservation of Land: "means the protection, management or restoration of lands within the
watershed ecosystem for the purpose of maintaining or enhancing the natural heritage sysfem, and ecological
functions and hydrologic functions, within the watershed. (CO, 2008)' lpg72l
PFA Concerns:
The CVC proposed definition of conservation of land again emphasizes their attempt to shift away from the
Section 20 Objects focusing on natural resources to areas of municipaljurisdiction under the Planning Act. A
natural resources definition of conservation of land would address soil erosion, soil stability and fertility and
associated natural hazards and not references to natural heritage. ln addition, the PFA regards the Conservation
Ontario definition as a self serving opinion not a fact.
4.
Correspondence received from Land Use Council regarding
"Land Management in Ontario". File: A16
Page 28 of 254
Appeal Forum:
Appeals of Conservation Authority decisions must be through the Mining and Lands Commissioner, not the O.M.B.
High Technical Evidence Standards: An appeal to the Lands and Mines Commissioner must be accompanied
with sufficient technical, expert information; " Primarily, one needs an engineer specializing in hydrology,
hydraulics and watershed management. Knowledge of the movement of water, sudace and ground water,
recharge and discharge capacities and functiong sfab/e slope engineering and soil properties may also be
relevant. Knowledge of construction engineering to withstand hydrostatic pressures generated by flood waters, if
flood waters are going to be involved, is absolutely necessary. Then, there may also be involved a coterie of
biologists, or one generalist. There are several categories of relevance to the necessary determinations found in
the legislation. Your biologist may require knowledge of wetlands ecosysfemg hydrophytic plants and soils [that
is waterloggedl endangered specres, indigenous flora and fauna and ecosysfems in general. The ability to
critique and assess an existing wetlands evaluation according to either the Southern or Northern Ontario
Wetlands Evaluation would be of assisfa nce in cases where a provincially significant wetland designation is
being applied." [From Linda M. Kamerman Mining and Lands Commissioner, Edited Speaking Notes for Speech
to UDI March 201h,20021
PFA Concerns:
PFA prefers Conservation Authority appeal be dealt with by the OMB and not the Mining and Lands
Commissioner in order to simplify the approvals process and increase efficiency when all matters of land use
and technical conservation and natural hazards may be heard and integrated at the same time.
Fees for Permits and'Commenting':
PFA Concerns:
The trend has been to label all CVC permits and 'comments'on development applications as a service, which
must be charged out to the applicant. The costs of these 'seryices', already high, will escalate dramatically as the
CVC demands more supporting studies from applicants and also adds on the costs of their own massive
information systems and associated staff as overhead. Projects associated with the normal use and enjoyment
of agricultural lands, such as new barns or irrigation ponds, may become uneconomic when the costs of studies,
permits and'commenting'letters are included. Either projects will be abandoned or non-compliance will increase
as a result. Agriculture must evolve and adapt in a cost effective way, in order to survive.
Note: As a result of questions and debate at Regional Council an additional request was made by the PFA to clarify
Conservation Authorities as municipal agencies, not Provincial, and answerable to the member municipalities in each
watershed.
1.
2.
3.
4.
5.
6.
7.
8.
RELEVANT QUERIES CIRCULATED BY THE LAND USE COUNCIL JANUARY 14. 2O1O
Without public consultation in advance, does a new chapter added to an existing Ontario statute by an
unelected committee qualify as binding legislation?
Are CAs and/or the municipalities they serve obligated under the Municipal Act to convene public
meetings prior to CA-induced Official PIan changes?
What is the legal status of Conservation Ontario and on what legislative grounds can 36 MNR sub-
agencies become corporate shareholders for whom Conservation Ontario acts as signing agent?
Where can Ontario taxpayers obtain a comparison chart covering CA municipalservice and permit
charges over the past 10 years for each of Ontario's 36 CAs?
Are district CAs empowered to interpret and enforce the Drainage Act in conjunction with the
Endangered Species Act (ESA 2007) and its habitat regulations?
Are construction and/or renovation of municipal drains subject to a permit fee and prior ESA 2007
habitat assessment on GA demand and entirely at adjacent landowner expense?
Do GAs routinely pre-publish for municipal clients and affected landowners a synopsis of every
regulatory infraction and related penalty in all Ontario land use statutes they implement and enforce?
Which district CAs have so far collected public funding from the Friends of the Greenbelt Foundation,
what were the individual amounts received and for what purpose?
For media comment go to lnternet www.farmersforum.com - click on February,20l0 story
5
NOTE:
Correspondence received from Land Use Council regarding
"Land Management in Ontario". File: A16
Page 29 of 254
Township o/
SOUTH STORNIONT
G)
P.O. Box 340,4949 County Road# 14
Inglesíde, ON KÌC 1M0
Tel: (613) 537-2i62 Far: (613) 537-811i
e-mai I : inþ@southsto rmont, c¿
Resolution+ otolzælp
Moved by:
Seconded by:
Cou ncillor/Deputy Mayor.
Councillor/Deputy Mayor
Whereas Council has revlewed the posit¡on taken by:1. The Township of Essa as outlined ln Resolution No. C2ZZ-
2009; and2. The Township of Mulmur as descr¡bed in correspondence to
Hon. David Ramsey in November, 2007 and Hon. Donna
Cansfleld in November, 2009 wlth regards to the
accountability of Conservation Authorities;
And whereas courts have held that fees cannot and should not raise
more than 100 per cent of the reasonable cost to provide the seruice, Thls
principal is presented ln the Building Code Act of Ontario;
And whereas lt is the opinion of Council that the roles, responsíbilities
and authority provided to Conseruation Author¡t¡es do not have mechanisms in
place to ensure appropriate use of public funds and elimination of duplication
and accountability measures are adhered to,
Now therefore be it resolved that Council supports the positions taken by
the Township of Essa and the Township of Mulmur, as attached, and further,
strongly encourages the Province of Ontario to conduct a review of the
Conseruation Authority mandate, responsibilities and allowable cost recovery
methods.
Further be it resolved that Councll circulate this motion to MNR, MMAH,
OMAFRA, DFo, AMo, AMcro, oBoA, our local MP and MPP and all ontario
Municipalitie;; for their support and endorsement.
,/El cnarueo tr DEFEATED Il DEFERRED
RECORDED VOTE:
Councillor Brownlee
Councillor Haft
Counclllor Woods
Deputy Mayor Bea uregard
Mayor McGillis
Correspondence received from Land Use Council regarding
"Land Management in Ontario". File: A16
Page 30 of 254
_1
Mlnlctry of Cltlzenshlp Mlnlstàrc de¡
and lmmlgratlon et dc I'lmmlg
Minister Ministre
66 Floor 6" étage
400 University Avenue 400, avenue U
Toronto ON M7A 2R9 Toronto ON
Tel.: (416) 325-6200 Té1.: (416) 325-6200
Fax: (416) 325-6195 Téléc.: (416) 325-6195
February,2010 ft/iüru¡ü fli,il.qldÎ
Dear Friends,
I am pleased to inform you that nominations for the Newcorner ChampÍon Award are
now being accepted.
The Newcomer Champion Award recognizes outstanding individuals or groups who
contribute to the understanding and sharing of Ontario's cultural diversity and provide
welcoming communities for the benefit of newcomers.
Any resident of Ontario may submit a nomination. Nominees may be individuals or
goups who have demonstrated leadership and commitment in promoting cultural
diversity and harmony through activities such as educational outreach, special events and
the support of newcomers settling into communities across the province.
Nomination forms and more information are available on the Ontario Honours and
Awa¡ds Secretariat website at www.ontario.ca,/honoursandawards, or by phone at 416-
314-7526. The nomination deadline is M¡rch 15,2010.
Newcomers play a key role economicall¡ sociall¡ and culturally in making Ontario
strong and prosperous. Please consider recognizing an individual or group who has
helped make this great province what it is.
Yours trul¡
Dr, Eric Hoskins
Minister
Correspondence dated February, 2010 from Ministry of
Citizenship and Immigration regarding "Newcomer Chyampion
Page 31 of 254
o.P.P.
=Esø
5
PrrOntario Provincial Police
Police provinciale de I'Ontario
News Release/
Communiqué
FROM/DE: ELGIN COUNTY OPP DATE: l6 FEB l0
ELGIN COUNTY OPP'S TOP COP ANNOUNCES RETIREMENT
(ELGIN COUNTY) -After thirty five (35) years of dedicated service to the citizens of
Ontario, Elgin County OPP's top cop has announced his retirement. Inspector Ryan
COX made the announcement today that his last day of service will be 26th of February,
2010 when he will be hanging up his duty belt.
Inspector Cox began was raised in the small town of Waterford, ON growing up in a
smalltown atmosphere where everyone knew everyone's name. He thrived and still
loves camping, hunting, fishing and golf. He began his career with the OPP on
November 4th,1974 being posted to Milton Detachment where he performed mainly
traffic enforcement duties. In March of 1986 he was promoted to then Corporal Rank
and transferred to Cayuga Detachment (which is now Haldimand County). Working as
a shift supervisor until May of 1999 when he was then promoted to the Rank of Staff
Sergeant, Unit Commander of the Chatham Communications Centre responsible for
overseeing police radio communication dispatch for the Chatham, Essex and Lambton
Counties. In December of 2000 he successfully competed for the position of Elgin
County OPP Detachment Commander overseeing fifty six (56) uniformed members and
staff. ln January 2007 after the Detachment grew above sixty (60) employees he was
promoted to the lnspector position at Elgin County Detachment.
Looking back on his career lnspector Cox stated "When I look back on my career,
serving as the Elgin County Detachment Commander most certainly has been the
highlight. lt has been the most demanding and my most rewarding job. I have
thoroughly enjoyed being a member of the Elgin County Detachment and the OPP. The
best thing about working at the Elgin Detachment was that every time I would begin to
think that I had seen everything, something new and challenging would present itself. lt
has been my pleasure to work with the Elgin Group Municipalities and the Police
Services Board. I want to express my sincerest appreciation and thanks to all of the
News Release from Elgin County Provincial Police regarding
"Retirement". File: P17
Page 32 of 254
o.P.P.Ontario Provincial Police
Police provinciale de I'Ontario
News Release/
Communiqué
officers and employees of the Elgin County Detachment for their dedication to making
the community a safer place. In my retirement I look forward to sitting back and
relaxing, spending time with my friends and family, getting a little more traveling in and
perhaps even working on my golf game."
Inspector Wayne BURKE from Western Region OPP Headquarters will assume the role
of interim Detachment Commander beginning Febru ary 22nd,2010.
-30-
Contact: Constable Troy Carlson
Elgin Gounty OPP Media Relations/Community Services
Phone: 519-631-2920 Ext. 5450
Pager: l-888-808-7195
News Release from Elgin County Provincial Police regarding
"Retirement". File: P17
Page 33 of 254
5
Ccø
Otter Valley Chamber of Commerce
Meeting of February 2,2010
Location: Schooner's Galley, Port Burwell
Minutes
Present
Doug Lester, Cheryl Lester, Lynn Acre, Liz Underhill, Johanne Avril LaRoche, Danielle
Murray, Kathy Gregson, Mike Hawley, Jim Hevenor, Jeff Taylor, Ian Almond, Brenda
Almond, Frank Voth, Mike Timmermans, Jim Wilgar, Sherri Heatherington, Tom
Benner, Nancy Lozon
Welcome of member and our guests Mary McKee, Peter Murray, Lewie Acre, and Bob
Hammersley.
Special Presentation
Lewie Acre spoke about the Community Access Program (CAP) at the Port Burwell
Library. CAP is a government funded program to teach computer and Internet use. Lewie
will teach one on one or group sessions. Some of the areas he mentioned are how to frnd
reference materials from learning a different language to car repair to tools to finding a
new job. Locating and using audio books and county online resources. Lewie is there to
answer all your questions and he is available during regular library hours. The program
has been well received at the library and Doug Lester offered the Chamber's assistance in
promoting the program if the library requested it.
Approval of Minutes
Aãóption of January 5ü,2010
The minutes were amended to show April LaRoche's full name as Johanne Avril
LaRoche.
It was moved by Jeff Taylor and seconded by Liz Underhill, that the minutes from the
January 5th,2010 meeting be accepted as amended. Motion carried.
Business Arising from Minutes
Ferry
Doug Lester attended the council meeting on January 24th andread Sean Hurley's report.
Doug wanted to leave the meeting with council knowing that the chamber was willing to
help in any way possible. Mentioned that a petition wanting to continue with the second
phase of the ferry assessment has been started by Doug Park. The petition can be found at
the Sunshine Restaurant and Schooner's Galley.
Tub Daze Update
No meeting has been scheduled yet.
Otter Valley Chamber of Commerce minutes of meeting held
February 2, 2010. File: C06
Page 34 of 254
Treasurer's Report
Revenue from Memberships $1400
Expense total $891.23
Account balance $3,827.72
Motion to accept treasurer's report from Ian Almond and seconded by Frank Voth.
Motion carried.
Coming Events
Next event is the Breakfast at the Lighthouse Restaurant February 17 at 7:00 am with Joe
Preston our local M.P. in attendance
Committees for 2010
The Business Expo is booked for October 23,2010 and more volunteers are needed.
Danielle Murray, Sheni Heatherington, Cheryl Lester, Johanne Avril LaRoche, andLiz
Underhill offered to help.
Business after 5 events need extra help and Danielle Murray, Sherri Heatherington, Jim
Hevenor, andLiz Underhill offered to assist.
The Economic Development Liaison Committee will be chaired by Frank Voth. Jeff
Taylor indicated his interest in joining Doug Lester, Ron Bradfreld, Jonathan Sebok,Ian
Almond, Cheryl Lester, Earl Shea, and Tracey Davies.
Correspondence
Edison Fest - Doug Lester brought a request from Cheryl Peters asking for Chamber
support for Edison Fest 2010.
It was moved by Ian Almond and seconded by Danielle Murray that the Chamber donate
$50. Canied.
It was suggested that all members could donate as well. Mike Hawley will send out an
email request and Kathy volunteered to allow the donations to be dropped off at
Schooner's Galley.
Membership Approvals
It was proposed that the members accept Mathew A. Schafer Ltd. and PJ Smith and
Associates Ltd. Moved by Ian Almond and seconded by Jim Wilgar. Motion carried.
New Business
Doug Lester requested a motion to apply for a summer student again this year.12 weeks
or less will be funded by the government with the employment expenses being paid by
the chamber. This will be about 5300. Motion moved by Jim Wilgar and seconded by
Cheryl Lester.
Otter Valley Chamber of Commerce minutes of meeting held
February 2, 2010. File: C06
Page 35 of 254
Johanne Avril LaRoche is travelling to Louisiana to help build a house in an area
destroyed by Hurricane Katrina in 2005. She will have some items for sale to help
frnance the project.
Danielle Murray is redesigning her website to include points of interest in the area.
Contact Danielle if you want your business included.
Some discussion of the First Data software as a low cost alternative for processing credit
card transactions. Contact David Bryant of TD Merchant Services the Regional Sales
Executive for our area. Contact him at david.brryanr@td.conr or call 226-919-6651.
Special Speaker - Bob Hammersley
Bob's focus was on a research study that explained the value ofjoining a chamber of
commerce. Some of the highlights are that when consumers know that a small business is
a member they are 44o/o morc likely to think favourably of it and 63%o more likely to
purchase goods or services in the future. Some of his own advice was not to think that
everyone knows about your business. With people moving in and out of the area every
year you need to consider the long-term impact. Mentioned the Ontario Chamber
convention is in Windsor this year and it is a great place to network. He invited us all to
the Business after Five on Wednesday February 10ú at Boston Pizzain St. Thomas and in
July to Canadale Nurseries where a chamber attendance record was set last year.
Mayor's Comments
A Happy New Year greeting and a wish for a prosperous year. The Wind Interpretive
Centre has applied for a student again this year and mentioned there are numerous
agricultural related training sessions available in this area.
Adjournment
Moved by Ian Almond that the meeting be adjourned. Meeting adjourned at 8:26pm.
Motion carried.
Next Meeting
General Meeting Tuesday, March 2"d,2010,7:00 p.m. at Schooner's Galley in Port
Burwell.
Business forward - All members try to promote our chamber to other businesses. Some
representation from the agricultural sector will benefit our chamber.
Otter Valley Chamber of Commerce minutes of meeting held
February 2, 2010. File: C06
Page 36 of 254
5
C OO
MUSEUMSBAYHAM
Minutes of February 10, 2010 Meeting
Committee Room, Municipal Office, Straffordville, Ontario
Present: Chair-Bev Hicke¡ Vice Chair- Chuck Buchanan, Secretary-Mayor Lynn Acre,
Cheryl Peters, Brian Masschaele, Ray Maddox, Ron Bradfield
Regrets: Jean Woon, Mat Schafer
1. CALL TO ORDER: Chairman called the meeting to order at 7:00 pm
2. DECLARATION OF PECUNIARY INTEREST: NONE
3. AGENDA: It was moved by C.Peters and seconded by C.Buchanan that the
agendabe approved as with additions. Motion Ca:ried.
4. MINUTES: It was moved by C.Buchanan and seconded by B.Masschaele that
5. CORRESPONDENCE:
a) Elgin Historical Society -A request to hold their June meeting in the
Marine Museum. It was moved by R.Maddox and seconded by
C.Peters that we allow the Elgin Historical Society to hold their June
23. 2010 meeting inthe Marine Museum. Motion Carried. C.Buchanan
and B.Hickey agreedto unlock the door and set up tables and chairs for
the 7:00 pmmeeting.
b) Email from Susan Start of Pt.Burwell informing us that 2010 is the
200û anniversary of Mahlon Burwell's surveying of Bayham. She
suggests that we somehow commemorate the occasion. B' Masschaele
will check the archives to check validity of dates. If valid, it was
suggested that the Marine Museum create a display on land surveying
in Ontario. B.Masschaete will inquire if Don Houghton can assist with
the loan of artefacts. R.Maddox suggested that the Tub Daze
organizers might want to include some sort of activity to commemorate
this anniversary. He also suggested that Rev Nick Wells & Co. might
be interested in performing a dramatic skit regarding this event.
Website and TV promotion was also suggested.
c) A¡chival Catalogue for 2010
6. REPORTS:
A) Marine Museum Report:
6.4.1) Steel Door: Ed Mathews has ordered the new door and will install
it as soon as it comes in.
6.A.2) Seedy Saturday Donation: The organizers suggest a $40 donation
to Museums Bayham in return for allowing 20 visitors to tour the museum
during the Feb. 20th Seedy Saturday event. Members agreed on this
amount.
Museums Bayham minutes of meeting held February 10, 2010.
File: C06
Page 37 of 254
Museums Bayham
Feb. 10,2010
2
6.4.3) Lighthouse Electrical: Despite Koolens Electric moving all of the
receptacles inside the building, the decorative lights continue to bum out.
Koolens will get wholesale price on three 1O0-foot strings of LED lights.
6.A.4) Eaves trough Repairs: B.Hickey advised that the contractor had
finally arrived and the eaves troughs have been partially repaired. The
invoice of $199 has already arrived, but Bayham staffhas been advised
not to pay the bill until the remaining work has been satisfactorily
completed.
6.4.5) Boundary Fence: Ed Mathews has quoted approximately $50 to
replace 2 posts with pressure treated posts. It was moved by R.Bradfield
and B.Masschaele that we hire Ed Matthews to repair the fence in the
spring. Motion Carried.
6.4.6) Addition: A written quote from Fehr Construction, who supplies
for Steelway Building Systems is $59,500.00 for a 35 foot x 40 foot pre-
engineered steelway structure, including excavation of site, foundation
walls and 4" interior concrete floor, insulation in walls and ceiling,
drywall & hang ceiling but not heating & electrical. The chairman was
directed by members to seek another quote from Reed & Deli, which
includes the above mentioned plus heating & electrical. Once quotes have
been received then the committee may recoÍlmend to Bayham council the
building of an addition, complete with quotes and suggestions for
fundraisers and other financing options. The Pt.Burwell Historical Society
will consider the quoted prices and discuss if and how they might be able
to assist.
6.8. Edison Museum Report:
6.8.1) Painting Outside Trim: Fredrick's in Tillsonburg have finally
responded to our request for a quote and are scheduled for a site visit
tomorrow.
6.8.2) Restoration of Lap Desk: No report.
6.8.3) Repairs to East Porch and Bathroom Floor: E.Mathews quoted
$736.40 for the bathroom floor rqrairs and $$690.74 for the east porch
sofEtt repairs. Members requested that the chairman seek another quote
for both of these projects.
6.8.4) Ceiling Repairs: Paul McCord quoted $2,000 for inside repairs
and$2,200 for outside repairs. Sinden's of Tillsonburg quoted $4,804. +
gst. Freidrich's will also quote. Committee will make decision once 3'd
quote is received.
Museums Bayham minutes of meeting held February 10, 2010.
File: C06
Page 38 of 254
Museums Bayham
Feb.10,2010
7. MATTERS OUT OF THE MINUTES:
a) EON Meeting schedule: B.Hickey and R.Maddox attended the
January meeting in Delhi. Our offer to host a meeting here in
Bayham was welcomed and a20ll date will be set. The next
meeting is scheduled for Feb. 18 at Pt.Dover Harbour Museum.
There will be a special presentation by Joan Kanigan speaking on
Building Responsive Museums.
b) Tillsonburg Home & Rec Show: Volunteers have been scheduled
to attend our display for all three days.
c) Cataloguing Handbook: C.Peters will bring the amended
handbook to the March meeting so members can assess the
changes made by the student. B.Masschaele will bring his laptop
to the next committee meeting so that members can see our on-
line collection data bank.
d) New Members: C.Peters will invite Kelly Armstrong and Mat
Schafer will invite Anna Schafer to attend the March meeting.
8. NEW BUISNESS
A: Review of Museum Bayham By-Laws : B.Masschaele recommended the
following amendments;
-deletion of both the financial liaison and the media liaison from the membership list.
-reducing the size of the committee from 13 to 11 mernbers. (we currently have only 9).
-deleting the requirement of curator as acting secretary.
-increasing the term of office from 3 years to 4 years to match council's term of
office.
-adding the committee duty of making recommendations regarding maintenance &
programming.
B.Masschaele agreed to email these amendments to L.Millard for her comments and
requesting her to prepare an amended by-law for our consideration at the March
meeting.
B: OMA Membership: There was a discussion on whether we should purchase one
membership for Museums Bayham ($80) or two separate memberships for each site.
B.Masschaele will check with Mike Baker to discover if both sites will receive
promotion with just one membership. If not, the committee prefers to purchase
individual mønberships in order to secure adequate promotion.
C. Thermo hydrograph: B.Masschaele reported on the opportunity to purchase a
used manual thermo hydrograph for $150. Elgin County will purchase it and
B.Masschaele will calibrate it and then donate it to Museums Bayham.
Museums Bayham minutes of meeting held February 10, 2010.
File: C06
Page 39 of 254
Museums Bayham
Feb.10,2010
4
8. NEXT MEETING: Wednesday March 10, 2010 at 7:00 pm Municipal ofñoe.
9. ADJOURNMENT: Moved b)¡ C.Peters and seconded b]¡ R.Bradfield that the meeting
be adjourned at 8:51 om. Motion Carried.
Chairman Secrctary
Museums Bayham minutes of meeting held February 10, 2010.
File: C06
Page 40 of 254
Phone: (519) 842-9000
Fax: (519) 842-4727
Email: msc@ocl.net
(Msc)
N4G 3A1 Ë
Tillsonburg & District
Multi-Service Gentre
The Livingston Gentre
96 Tillson Avenue, Tillsonburg, ON
www.thel ivi nqstoncentre.com
Serving the Community Since 1978 no6
February 19,2010
PRESS RELEASE - Emplovment Ontario Proqrams
Local Service Deliverv Announcement
The Tillsonburg & District Multi-Service Centre has been selected as the delivery
agent for atl Employment Ontario (EO) programs and services for the Tillsonburg
area by the Ministry of Training, Colleges and Universities.
This multi-year contract will feature new programs, services, workshops and
other features. While the Employment Ontario announcement is the result of a
long review process, Tillsonburg area citizens can be assured that all EO
programs will continue to be administered locally from an established community
organizatio n th rou g h fa m i I ia r, expe rien ced person nel.
While details around service delivery are being finalized, as MSC Board
Chairperson Val Foerster says, "This is great news for the Multi-Service Centre
and for the Tillsonburg area."
This announcement, of multi-year programming support, ensures the availability
of local services. lt also ensures that The Livingston Centre partnership and the
Multi-service Centre model of service delivery will remain vibrant and effective
well into the future.
As Mayor Stephen Molnar says, "This commitment of provincial support for
enhanced employment programs at the Multi-service Centre is just further
reinforcement of the quality service that the Centre and its' partner agencies
bring to the value of our community and region. Once again it is a successful
program based on people helping people."
Contact:
Maureen Vandenberghe, MSC Communications & Development Coordinator, x270
mvandenberghe@ocl.net
Mission
A community organization committed to suppoñing personal independence through:
e lnnovative and responsive resources . Partnersh¡ps and collaboration . Striving for excellence
Vision
Embracing Personal lndependence o Celebrating a Caring Community
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Tillsonburg & District Multi-Service Centre Press Release dated
February 19, 2010 regarding "Employment Ontario Programs
Page 41 of 254
ln 1998 FUNdraising Friday had a humble
beginning with one little office barbeque - which
raised 54000. Since that time businesses big and
small have come together and raised close to 2
million dollars to find a cure for Duchenne
muscular dystrophy (DMD) a devastating disease
that robs parents of their children.
Thank you to all the companies you represent
who have helped build FUNdraising Friday to
where it is today. We look forward to your
involvement on Friday May 7, 2O1O.
lf you are new to FUNdraising Friday this is your
personal invitation to join the team! You'll be
glad you did. You and your co-workers will
have FUN while generating research dollars for
Jesse's Journey. Together, we are making a
difference and we will find the cure for
Duchenne.
April 10, l98O - November 6, 2009
Our inspiratÍon......the journey cont¡nues.
Select your FUNdraising Friday
Coordinator.
Pick a date for your event that best suits
your schedule.
Fax registration form on the reverse side to
519-645-2242 and we w¡ll send you
FUNdraising Friday kit.
Ask your company about an Employer
Matching Gift Program, to match employee
contr¡butions.
Staff BBQ
Bake Sale
Everyone looks
like Elvis
ldeas
When people are g¡ven the opportunity
to become creat¡ve there are 100's of
ideas that come to mind.
Guess the staff baby pictures
(ls that really Ted over in accounting?)
Wear your runn¡ng shoes every
Friday in May
(lt may not be a fashion statement...
but I'm making a difference!)
Shave a head-beard or moustache
(You know Ithink he looks better bald!)
Have a Toonie Garage Sale
Treasures for a Toonie
(One person's trash is another's treasure)
Company wide Silent Auction
(For information on putting together a silent auction
contact the Jesse's Journey Office. \Jüe have tons of
ideas and they're free!)
Bid on the Boss's Cottage for a Weekend
(He/she won't really be there 52 weekends
a year will they?)
Bidding on a vacation day with pay
(ls this a great place to work or what?)
Enter a team in our
Walk Across Canada in a Day event
Whatever you and your co-workers
decide to de make sure you have fun!
To register please see reverse side
Come help us keep the Getting Started
FUN in
FUNdraising Friday
Jesse Davidson
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îi:llí.j':lil : : '
Dear Friend,
Re: Order of Ontario - Callfor Nominations
Do you know someone who deserves recognition for extraordinary achievements, whose
superlative contributions have had an impact on their local community, the province, our
country or beyond?
Established in 1986, the Order of Ontario honours those who embody excellence -
members of the Order reflect the talent of our province and represent citizenship in
action - individuals who see a need, and meet it; individuals who push the boundaries of
their professions and make them better; individuals who have proudly represented
Ontario on the world stage. Past recipients have come from all walks of life, and from
every corner of our province, and reflect the diversity of Ontario.
I invite you to consider the exceptional individual you know who has gone above and
beyond and nominate them for the Order of Ontario, our province's highest honour.
Why not take this opportunity to celebrate and honour excellence and achievement in
our province? To learn more about the Order of Ontario, visit:
http://www. citizensh ip.qov. on. calenolish/honours/orderofontario/
The deadline for nominations is March 16,2010.
lf you have any questions, please contact Colleen Moran in the Ontario Honours and
Awards Secretariat at Colleen.Moran@ontario.ca or 416- 327-2447, or 1-877-832-8622.
You can also send your question by mail to:
The Order of Ontario
Ontario Honours and Awards Secretariat
Ministry of Citizenship and lmmigration
400 University Avenue, 4th Floor
Toronto, ON M7A 2Rg
Attn: Colleen Moran
I hope you will consider nominating a remarkable Ontarian for the Order of Ontario.
Yours sincerely,
ú,øery
David C. Onley, O.Ont.
TELEPHoNE 416 g2s 7790 r¡xlrÉlÉc 416 325 z707 www.LT.cov.oN.cAQUEEN'S PARK TORONTO ONTARIO CANADA M7A 1A1
Correspondence from the Office of the Lieutenant Governor of
Ontario dated February 26, 2010 regarding the Order of Ontario
Page 44 of 254
Mlar, 1. 2010 11:27AlVl County of Elgin No,4961 P 1/1
February 18,2010
Acting Mayor Tom Marks
Members of Central Elgin Council
Municipality of Central Elgin
450 Sunset Drive
St. Thomas, ON N5R 5V1
Dear Mayor Marks:
On behalf of the Elgin County Council I would like to thank Central Elgin Council for
appointing councillor David Marr to Gounty Councilwhile Mayor Sylvia Hofhuis is
recuperating and on a leave of absence.
With his service on Elgin County Council for two terms previously, Councillor Marr is an
excellent appointee and we are looking forward to his expeÉise.and experience around
c.c. Member Municipalities
County of EIPn
AdfilFl¡tr9tlvê tervlcês
450 $unsêt Drlve
St.Thorna+,0n NERSV1.
Phone; 5J.9631'1¡60
www.elgin{ounty,on,cû
EIgrnLl*tan:rf"y
Office of the Warden
Warden
Progiressive lry Nature
Correspondence from Elgin County dated February 18, 2010
regarding Central Elgin's appointment to County Council
Page 45 of 254
CORPORATION OF'THE MTINICIPALITY OF BAYTIAM
STAFF REPORT
TO: Mayor & Members of Council
FROM: Planning Coordinator/Dçuty Clerk
SUBJECT : 9 I 17 7 2 (Phillips) Consent Application E9 4 I 09
Rolls # 005-09920/006-099
DATE: February 25,2010
FILE: D10.09 911772 Ont.Inc.
NUMBER: D2010-05
Purpose
To further consider consent application E94Æ9 proposing an addition to a lot on Murray Road.
Background
At the January 14,2010 meeting, Council considered StaffReport D2010-01 and deferred a consent
application submitted by 91 1772 Ontario Inc. proposing to sever an irregular shaped parcel of land with
a frontage of 320.89 metres along Murray Road by a depth of 673 metres (south lot line), Area 19.8
hectares (49.1 acres) to add to the adjoining agricultural land to the north. The owner is retaining 80.1
hectares, proposed to remain in agricultural use. The subject lands are located in Concession 9 Part
Lots 14, 15,16 &,17 on the east side of Murray Road south of Best Line. The subject land is designated
"Agriculture" and "A.N.S.I. (Area of Natural Scientific Interest)" in the Official Plan and zoned
Agriculture (41-A) in the ZonngBy-law No.2456-2003.
Council defened the application until such time as the application could be circulated to the Long Point
Region Conservation Authority (LPRCA) and the Ministry of Natural Resources (MNR) to obtain
comments for Council's consideration.
Staff & Planner Comments
Both the MNR and LPRCA have returned comments supportive of the application and would have no
objection to the approval of the application. Both agencies are satisfied that the lands are protected
from future development through our Official Plan and ZonrngBy-law.
Staff and the planner would consider supporting the application with conditions. The recommended
conditions would include the provision of a Letter of Undertaking confirming the merger of the lands
on title, as well as, rezoning of the newly configured parcel to recognize the new lot area that exceeds
40 hectares with site-specific regulations to prohibit development or site alteration on all or a portion of
the lands without the written consent of the LPRCA and the MNR.
In addition, a minor variance to the Zoning ByJaw would be required to recognize the reduced lot
frontage of the retained lands as a result of the consent. Staff and the planner would support this given
the existing farmed portion of the retained lands is currently accessed with the reduced frontage from
the Best Line road allowance and will continue to be. The minor variance would not only recoguze
that situation but also the loss of the legal frontage on Murray Road.
Attachments
1. Ministry of Natural Resources email February 22,2010
2. Long Point Region Conservation Authority letter dated January 19,2010
Staff Report D2010-05 regarding 911772 (Phillips) Consent
Application E94/09. File: D10.09
Page 46 of 254
Staff Report D2010-01 911772 Ontario Inc.Page2
Staff Report D201 0-01 dated January 7 , 2010 (for reference purposes)
IBI Memo dated January 7,2010
Consent Application E9 41 09
Strategic Plan Goal(s)
Goal # 6 Provide and encourage athactive lifestyle choices.
RECOMMENDATION
"TIIAT Staff Report D2010-05 regarding Consent ApplicationBgül}g be received;
AND TIIAT Council recommends to the Elgin County Land Division Comnittee that severance
applicationß,94|09, submitted by 911772 Ontario Inc., be approved subject to conditions:
1. a copy of the final survey provided to the municipality
2. Letter of Undertaking confirming the eonveyance of the severed parcel to the
adjacent property identified as assessment Roll # 34-01-000-005-09900
3. rezoning of the newly configured parcel
4. minor variance to the ZoningBy-law for the retained lands
J.
4.
5.
Respectfully submitted,
Planning Coordinator/Deputy Clerk
Staff Report D2010-05 regarding 911772 (Phillips) Consent
Application E94/09. File: D10.09
Page 47 of 254
Clear Day
Marg Underhill
Page I ofl
From: Ryall, Tammie(MAH)fl-ammie.Ryall@ontario.cal
Sent: February 22,20101:40 PM
To: Marg Underhill
Gc: Tait, Maryjo (MNR)
Subject: Consent Application E94/09, part of Lots 14 - 17, Concession 9, Municipality of Bayham, County of Elgin
HiMargaret
Please see below the comments from the Ministry of Natural Resources.
Tammie
Tammie RyallBES, MCIP, RPP
Planner
Ministry of Municipal Affairs and Housing
Municipal Services Office - Western
659 Exeter Road, 2nd Floor
London ON N6E 113
51 I 873-4031 Toll free 1 €00-2654736
Fax 519 8734018
MNR has now had a chance to review the below Consent Application E94l09 for part of lots 14, 15, 16,
and 17 Concession 9, on the east side of Munay Road, and the South side of Best Line, for 911772
Ontario lnc. in the Municipality of Bayham, County of Elgin.
The subject property is located within the Big Otter Creek Life Science ANSI. As per the Provincial
Policy Statement,2.1.4, development and site alteration shall not be permitted within areas of natural
and scientific interest unless is has been demonstrated that there wíll be no negative impacts on the
natural features or their ecological functions.
MNR understands that the applicant is proposing to sever an inegular shaped parcel of 19.8 hectares
(49.1 acres) to be added to the neighbouring land to the north, and to retain 80.1 hectares. MNR
understands that both properties are to remain designated "Agriculture' and "ANSI (Area of Natural and
Scientific lnterest)' in the Municipality of Bayham Official Plan. As there is no change of land use or
development proposed as part of this consent, MNR has no objections with this application.
Thanks,
Maryjo
Møryjo Tøít
P I annin g Int ern - Ay Imer D is t rict
Ministry of Natural Resources
615 John Street North
Aylmer, ONN5H2S8
Phone: (519)7734786
email: maryjo.tait@ontario.ca
22102/20t0
Staff Report D2010-05 regarding 911772 (Phillips) Consent
Application E94/09. File: D10.09
Page 48 of 254
Lon Point Re on Consen¡ation Authori
RR# 3 Simcoe, O¡rtario, Canada, N3Y4K2
7-57942ß46?3 Fax: 7-57942V1520
E-mail bbravener@lprca.on.ca WebSite: www.lprca.on.ca
Dole: Jonuory 19,2O1OTo:Municipolity of Boyhom
Attn : M. Underhill
Bonnie Brovener
Plonning Technicion
E94/09 (911772 Ontorio lnc.)
From:
Subiecl:
Stoff hqve now hod on opporfunity to review fhe obove noted qnd offer the following.
The severed qnd retoined porcels ore port of the ProvinciollySignificont Big Creek Life Science ANSI os well
os portions being locoled wilhin the LPRCA Regulotion Limit, under O.Reg 178/06. From lhe submitted
opplicotion, it oppeors thot the severed porcel 'ls to become port ond porcel with lhe odjocent londs to
the north, which cunently hos no residenliol development on site. The Long Point Region Conservotion
Authority's concerns of this locqtion would be with the potenfiol for development within lhe Significont
Biotic oreo. However, stoff ore sotisfied thot the significont biotic hqs been odequotely protected from
fulure development lhrough the Municipolity of Boyhom's Plonning Documents ond therefore would hove
no objection to the opprovol of this opplicotion.
Pleose contocf me if you hove questions in this regord.
Yours truly,
B. Brovener
Staff Report D2010-05 regarding 911772 (Phillips) Consent
Application E94/09. File: D10.09
Page 49 of 254
CORPORATION OF THE MUNICIPALITY OF BAYTIAM
STAFF REPORT
TO: Mayor & Members of Council
FROM: Planning Coordinator/Deputy Clerk
SUBJECT : 9 I l7 7 2 (Phillips) Consent Application E9 4 / 09
Rolls # 005-09920/006-099
DATE: January 7,2010
FILE: D10.09 911772 Ont.Inc.
NIIMBER: D2010-01
Purpose
To consider consent application F;94109 proposing an addition to a lot on Murray Road.
Background
A consent application has been received from the Elgin County Land Division Committee submitted by
911772 Ontario Inc. proposing to sever an iregular shaped parcel of land with a frontage of 320.89
metres along Murray Road by a depth of 673 metres (south lot line), Area 19.8 hectares (49.1 acres) to
add to the adjoining agricultural land to the north. The owner is retaining 80.1 hectares, proposed to
remain in agricultural use. The subject lands a¡e located in Concession 9 Pa¡t Lots 14, 15,16 & 17 on
the east side of Murray Road south of Best Line. The subject land is designated "Agriculture" and
"A.N.S.I. (Area of Natural Scientific Interest)" in the Official Plan and zoned Agriculture (Al-A) in the
Zorung ByJaw No. 245 6-2003 .
Elgin County Land Division Committee will consider the application on January 28,2010.
Staff and Planner Comments
The applicant wishes to add the woodlot to the property to the norttr owned by Ron & Shirley Phillips
and Steve & Betty Townsend so that they can continue to manage the woods responsibly and sell the
farmland.. The proposal does not appear to change how the lands are accessed or potentially used. The
farmlands will continue to be accessed from Best Line on the north side. The proposed severed parcel
is a wooded area sçarated from the remainder of the farm by a steql ravine tributary of the Big Otter
Creek, which prevents access to the faunlands from the west side at Murray Road. From an
agricultural perspective the planner does not have issue with the proposal as no new lots are being
created. However, planning comments from other agencies are required before support for the consent
can be provided.
The lands proposed to be severed and conveyed are part of a significant ANSI and would be subject to
the Provincial Policy Staternent 2005 policies, our Official Plan Natural Heritage policies, which
require written comment from the Ministry of Natural Resources (lvtNR) and Long Point Region
Conservation Authority (LPRCA). At the time of writing this report, comments from the MNR and
LPRCA are not available.
Staffand the planner would recommend deferral of the application until such time as the comments are
received and considered as part of the application at a future meeting.
Attachments
1. Consent Application 894/09
Staff Report D2010-05 regarding 911772 (Phillips) Consent
Application E94/09. File: D10.09
Page 50 of 254
Staff Report D20 I 0-0 I 91777 2 Ontario Inc.
2. IBI Memo dated January 7,2010
Strategic PIan Goa(s)
Goal # 6 Provide and encourage athactive lifestyle choices.
RECOMMENDATION
Page2
'(THAT Staff Report D2010-01 regarding Consent ApplicationBg{l0g be received;
AI\D TIIAT according to the Bayham Offìcial Plan Natural Heritage policies the application be
circulated to the Long Point Region Conservation Authority and Ministry of Natural Resources
to obtain comments for Council's consideration;
AND TIIEREFORE Council recommends to the Elgin County Land DivÍsion Committee that
seyerance application 894109, submitted by 911772 Ontario Ing be deferred.'
Respectfully s ubmÍtted,
Planning Coordinator/Deputy Clerk
Staff Report D2010-05 regarding 911772 (Phillips) Consent
Application E94/09. File: D10.09
Page 51 of 254
lBl Grorp
203-350 O¡<ford Street West
London ON ¡{6H lT3 Canada
H 5194727æ8
ht 519472939
To/Attention
From
oc
Subiect
Municipality of Bayham
Der:ek Dudek. t¡ClP, RPP
Date January 7,2fJ10
Project No 34,044æ
Steno dd
1.
2.
4.
Memorandum
911772 Ontario lnc. (Phillips) - Application for Gonsent (E94/09) - Part
Lot 14, f 5, Concessirrn 9, Murray Ræd
We have completed our review of the consent application submitted on behatf of 911772
Ontario tnc in support of a propæal to sever and convey a 19.9 hectare (49 acre) parcel of
land '¡n Part Lot 14 and 15, Corrcession 9, on the east side of Munay Road, south of
Talbot Line. The lands to be severed are designated 'Area of Natural ard Scientific
lnterest - ANSI's' in the Official Plan and zoned Agricultural (41-A) in Zoning By{aw No.
Z4.5f-l2O03- TheAl-AZone recognizes a minimum lot size of 40 hectares.
The proposed lot addition would result in no new lots being created, while the nelv lot
areas uptlld be 80.1 heclares (198 acres) fdr the retained ld accessed ftom Best Line;
and 41.3 hectares (102 acres) for the r¡ewly configured lot on Munay Road. The retained
parcel and newly configured lot are both vacant. The severed lands qre characterized as
a completely u¡ooded area that is part d the Blg Otter Creek Life Science Al,lSl, wttích is a
Provincially Sþnifrcant ANSI. These lards are separated from the retained portion by a
tributary of the Big Otter Greek. The subjec{ lands would be conveyed to the farm parcel
to the north which is characterized as an open f¡eld. Ttle retained lands are characterized
as a mixture of open fields and wooded areas associated with the aforementioned ANSI.
There is no proposed development associated with the consent application.
Section 8.7.7 oÍ the Official Plan states that consents for'lot adjustments, lot additions,
mínor boundary changes ... are permitted in any lard use desþnation, provided the
severed and retained parcels comply with the other requirements of this Plan (and) lhe
Zoning ByJav/'.
The principal function of the 'A¡{Sl' designation of the Official Plan ís to recognize areas
of natural heritage significance and protect them from incompatible development.
Furthermore, Section 7.2.'1. c) of the Official Plan states that Council shall dÍscourage
'development" and site alteratíon on or adjacent to nafural herÍtage features or areas.
El Grotrp b a group ol firms proriding professional servks ard is affil¡eted wÍth lBl Granp Architects
Staff Report D2010-05 regarding 911772 (Phillips) Consent
Application E94/09. File: D10.09
Page 52 of 254
l8l Group llemorandurn
Mu¡idpåf,ty of Baytram - Jaruary 7, 2010
While no site alteration ¡s proposed, the definitíon for'development' ¡ncludes the creat'ton
of new lots. While there are technically no new lots being created as part of the consent
appl¡cat¡on, the Long Point Region Conservation Authority (LPRCA) and the Ministry of
Natural Resources (MNR) strould be circulated for comments to ensure they have no
'ssues wittl the re-alþnment of lot bour¡daríes.
5. Prov'xJed that both of the aforemer¡tbned agencies have no issues with propæed consent,
we uor.¡td be able to support the consent subject to specific cond¡tions of consent and
rezoning, whict¡ uould ensure the intent of the Official Plan's Natural Heritage policies are
maintaired. Such requirements are allowed by Selctlon 7.2.2 c) of the Off¡c¡al Plan and
are as follora:
a. That the proposed severed lands are merged on title with the lands to the
north identified as Part 1 of RP 4603.
b. That the new{y configured parcel is rezoned to tte A1-A Zone to recognize its
new lot area lhat exceeds 40 hectares.
c. That the newly configured parcel includes zonhg in the form of site-specific
regrulat'rons which protribit development or site alteration on all or a portion of
the subject lands wtthout the written corlsent d fte LPRCA arxl/or the MNR-
d. That the retained lands obtain a minor varbrrce to lhe Zoning By-law to
recognize the reduced lot frontrage as a result d tfre consent. We wcx.¡ld
support any wch variance given that the subjecf bnds are olnently
accessed with the reduced ftontage, ard the variance b only required to
recognÞe the loss of the legalfiontrage on Murray Road.
7¿11
IBIGROIJP
Derek Dudek, MCIP, RPP
Gonsulting Planner to the
Municipal'rty of Bayham
.f$,ro4\468 Phi-ps - Mray RdlPn phil¡ps2o10{1{7.doc{æ10{l4nDo
Staff Report D2010-05 regarding 911772 (Phillips) Consent
Application E94/09. File: D10.09
Page 53 of 254
1.
2.
ÍION FOR CONSENT æ s4 /û*
Name of approvalauthority
-
ELGIN COUNTY I.AND DIVISION COMMITTEE
Name of Owner
Address
Telephone Number
Name of owne/s solicitor or authorized agent ?.-^,, /y' ',' , ,
Address
Telephone Number
Please specify to whom all communications should be sent:
Owners (¡) Solicitor ( )Agent ( )
3. (a) Type and purpose of proposed transaction: (check appropriate space)
Transfer: creation of a new lot Othen charge' lease
4.
Name of Steet flLuat ( eA Street No.
(b) Are there any easements or restrictive covenants affecting the subject land?
Yes ( ¡ No (,( ) lf Yes, describe the easement or covenant and its effect
5. Description of land intended to be severed: (Accurate Measurements in Metric)
Existing Use Proposed lJse Hî2, ,u-û-rî
Number and use of buildings and structures (bottr existing and proposed) on the land to be
severed:
llJ o.J {
Description of land intended to be retained: (Accurate Measurements in Metric)
Frontase f4 1l oeptnlù'þ{;vt ttLt?ulffiea ît' ' U¿
Existing Us" {yt.,u-t1**f ' Proposed Use
Number and use of buildings and structures on the land to be retained:
{te 162- 7ç1Á
{t 1- ,{Zé - 3 ç/é
X addition to a tot
easement
other purpose
(b) Name of person(s), if known, to whom land or interest in land is to be transfened, leased or
charged:
Q.o¿+ SL,rct-)t V t{tLk,t s Sàoar?;îtf îøøra¿ Ot-
(c) lf a lot addition, identiff the lands to which the parcel will be added:
(a) Location of land:
uunicipattty'AA )ø,q.ø
Lot(s)No. tLtt/f
Concession No. Å) ln, €
Registered Plan No. ¿
conection of title
6.
Coulv of Egln
E¡É¡@dnÉSerl@
45O SurËst Orire
SLThomæ, On NsR 5V1
Phonq 519- 631-1460
w.dg¡n{unty.on-@
Staff Report D2010-05 regarding 911772 (Phillips) Consent
Application E94/09. File: D10.09
Page 54 of 254
7_
8.
-2-
Number of new lots proposed (not including retained lots)
Type of access for proposed and retained rot (check appropriate space)
TYPE
Provincial Highway
Municípal road, maintained all year
Municipal road, seasonally maintained
Ofter public road
Right Of Way
Water access
lf proposed access is by water, what boat docking and parking facilities. are available on themainland? (speciff)
9. \tVhat type of water supply is proposed: (check appropriate space)
TYPE
Publicly owned and operated piped water system
Privately owned and operated individualwell
Pdvately owned and operated communalwell
Lake or otherwater body
Other means (speciff)
PROPOSED LOT
()
()
()
()
RETAINED LOT
()
()
()
()
Arþü /ç fi¿Lî .''-'- i t tn)€
10. What type of sewage disposal is proposed: (check appropriate space)
TYPE PROPOSED LOT RETAINED LOT
Publicly owned and operated sanitary sewagesystem ( )
Pdvately owned and operated individualseptictank ( )
Privately owned and operated communal septic
system
Privy
Other means (speciff)
When willwater supply and sewage disposal services be available?
As>1 t tJ É¿¿,:.¡.a-u,1 ffi.r-r
()
()
()
()
()
()
l ro¿F þD.ü(a
11.
12.What is the Existing Official Plan designation(s), if any, of fre DH¿nt*-tan*¿
14.
13. What the Zoning, if any, of the subject land?
Æl '-t Lnþ-tt L.î
Has the subject land ever been the subject of an application for approval of a Plan of
Subdivision or a Consent under the Planning Act? Yes (N ) No ( ) Unknown ( )
lf Yes, and known, provide the applicatign file number and the decision made on the application
(-f-4Ð-¡ar - Ì9f¡) e Fn¡-t? t11øs
lf this application is a re.submission of a previous consent applicatíon, describe how it has been
changed from the original application
N "1 A#1, "^rrty'(a) Has the owner prevíously severed any land from thís holding?
15.
16.
Yes (N)No( )
Staff Report D2010-05 regarding 911772 (Phillips) Consent
Application E94/09. File: D10.09
Page 55 of 254
-3-
(b) lf the answer to (a) is Yes, please indicate previous severances on the required sketch and
supply the following information for qach lot severed:
Grantee's name 72oÐ ,y'r/'rr1'/tr, s
Relationship (if any) to owner
Use of parcel
Dateparcelcreated / qq I
17. ls the owner, solicitor, or agent applying for additional consents on this holding simuKaneously
with this application, or considering applying for additional consents in the future?
Yes ()No (Xl
18. ls the subject land cunently the subject of a proposed official plan or official plan amendment
that has been submitted to the Ministerfor approval?
Yes ( ) Ño (X).
lf Yes, and known, speciff the Ministry file number and status of the application
19. ls the subject land cunently the subject of an application for a zoning byJaw amendment,
Ministels zoning order amendment, minor variance, or approval of a plan of subdivision?
Yes ()No (X)
lf Yes, and known, speciff the appropriate file number and status of the application
20. ls the application consistent with policy statements issued under subsection 3(1) of the Planning
Act?
Yes (X)No()
21. ls the subject land within an area designated under any provincial plan or plans?
Yes()No (X)
lf yes, does the application conform to or conflict with the applicable provincial plan or plans
SKETCH:
The application shall be accompanied,by a sketch showing the following:
- the boundaries and dimensions of the subject land, the part that is to be severed and the
part that is to be retained;
- the boundaries and dimensions of any land owned by the owner of the subject land and
that abuts the subject land;
- tfre distance between the subject land and the nearest township lot line or landmark, such
as a railway crossing or bridge;
- the locatibn of all land previously severed from the parcel originally acquired by the current
owner of the subject land;
- the approximate location of all natural and artificialfeatures on tlte subject land and
adjacent lands that in the opinion of the applicant may affect the application, such as
buildings, railways, roads, watercourses, drainage dítcheS, river or stream banks,
wetlands, wooded areasr welf and septic tanks;
- the existing use(s) on adjacent lands;
- the location, width and name of any roads within or abutting the subject land, índicating
whether it is an unopened road alfowance, a public travelled road, a private road or a right
ofway;
- ¡f access to the subject land is by water only, the location of the parking and boat docking
facilities to be used;
- the location and nature of any easement affecting the subject land.
22.
Staff Report D2010-05 regarding 911772 (Phillips) Consent
Application E94/09. File: D10.09
Page 56 of 254
¿a).
24.
-4-
The Owner/ApplicanlAgent hereby authorizes Land Division Committee members and the
Corporation of the Gounty of Elgin staff to enter onto the subject property for the purpose of
Site inspections with respect to this application.
The ApplicanfOwner/Agent hereby consents to disclosure of the information contained in this
fPRltcation pursuant to Section 32(b) of Bill 49, Ghapter 63, S.O. 1989, being an Act to provide
for Freedom of lnformation and Protection of lndividual Privacy in Municípalities and Local
Boards.
this ,/>1ã day or Q o - = 20 Õ?
AFFIDAVIT
inthe 'Ls**-\t* ol Lf*
lf this application is signed by an agent or solicitor on behaff of an applicant(s), the owneds
authorization must accompany the application. lf the applicant is a corporation acting without agent
or solicitor, the application must be signed by an officer of the corporation and the seal, if any, must
be affixed.
It is required that one copy of this application be filed, together with one copy of the sketch described,
with the responsible person, accompanied by a fee of -
$750.00 ín cash or by cheque made payable to TREASURER, COUNTY OF ELGÍN
An additional fee of $250.00 will be charged for affixing the consent stamp.
oat"aatme @t 6n,r¡/g¡ "t 4r> /.r,
DECI.ARATION
C!&theGounty "tËt
sofemnly declare that allthe information contained in this application is fue, and lM/e make this
solemn declaration conscientiously believing it to be fue, and knowing that it is of the same force and
effect as Íf made under Oath and by virtue of the CANADA EVIDENCE ACT.
.rth"îzþs4" /q422,7
DECLARED before me at the
-1-\** of
this \E dayof Uc--q-
Staff Report D2010-05 regarding 911772 (Phillips) Consent
Application E94/09. File: D10.09
Page 57 of 254
APPENDIX "A"
The Coun$ of Elgin Land Division Committee requires that, in addition to the'Application for Consenf, the
following information be completed for all applications:
1. Are there any bams located within 300 metres of the subject of this application?Yes() No0Q
lf the answer is "YES" aþ these bams:í) Now used for livestock? Yes ( ) No ( )¡i) Capable of being used for tivestoctd yes ( ) No ( )
NorE: lfyou answered "YES" to #1. PLEASE coMpLETE THE DATA SHEET BELow
TO BE COMPLETED
BYAPPUCANT
Ì.l/qME
AGRICULTURAL CODE OF PRACT|CE FORMUI.A ONE DATA SHEETTO
CALCULATE THE MINIMUM DISTANCE SEPARATION REQUIREMENTS
FOR NON+ARM USES ESTABUSHING OR EXPANDING IN CLOSE
PROXIM¡TY TO Ð(STING LIVESTOCK BUILDINGS
ln order to calculate the minimum distance separation, the following information is required for each livestock
facilþ within 300 metrcs of the proposed severance and locatêd on a separate lot
TELEPHONE
TOWNSHIP LOT CONC.
TILI-ABLE HECTARES (where livestock facitity located)
Type of Livestock Maximum Housing Capacity
Number per Year
. Man ure Syste m Housing System
check type
IDAIRYlo cor¡ns
lo Heiferslo calves
ïe
Stall
Free
Stall
Loose
BEEF
0 Cows0 Calves0 Feeders0 400-750 tb.0 40G1100 tb.0 750-1100 tb.
Open I-c
& Bam
Total
Confine-
ment
SWNE0 Sows0 Boars0 Weanlings0 Feeders
POULTRY0 Laying Hens0 Breeder Flock0 Pullets0 Chicken Broilers0 Turkey Broilers0 Turkey Hens0 Turkey Toms0 Roasters
MINK- Females
Caged On Floor
HORSES
S¡{trFÞ - Pamc ,Q Furac
RABBITS
VFAI (.:ÀIVFS
CITHFR
IuÀNllÞtr cTf.ìÞ/r¡îtr.
DRY
SEMI€OLID
UQUID
Open Pile
Oþen Pile
Covered Tank
Govered Pile
Storage with Buck WallsOp*dedPit
Above Ground uniıvereo iãnt
Below Ground Uncovered Tank
Staff Report D2010-05 regarding 911772 (Phillips) Consent
Application E94/09. File: D10.09
Page 58 of 254
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Staff Report D2010-05 regarding 911772 (Phillips) Consent
Application E94/09. File: D10.09
Page 61 of 254
-1
rô1
NOTICE OF DRAINAGE WORKS
R.S.O. 1990, c.D.17 ss. 41 (1) and (2)
MUNICIPALITY OF The Township of South - West
C-orjñê.r-
Dear Sir/Madam:
i ìl 1 B
YOU ARE HEREBY NOIFIED that the Engineer appointed for the purpose did, on
January 26,2010,
file at my office ORT file with
Name of the clerk of the municípality
Where report is filed under s.41(2)
his or her repoft respecting Crossett Drain 2010
Name or other description of the drainage works.
AND FURTHER TAKE NOTICE that the Council of the Township of South - West Oxford
will meet at the Township Office, Council Chambers (312915 Dereham Line)
on the 2nd day of March 2010 at 1:30 otlock in the afternoon, when the said repoft
will be considered.
Dated this 4th day of February 2010 Ottu
S¡gnature of Clerk t*^y Oø.LK
Consideration of repoÉ - The council of the initiating municipality at the meeting mentíoned in sectÍon
41 shall consider the repoft, and, where the drainage works is requested on petition, shall give an
oppoftunity to any person who has signed the petition to withdraw from it by putting a withdrawal in
writing, signing it and filing it with the clerk, and shall also gíve those present owning lands within the
area requiring drainage who have not signed the petition an opportunity to do so, and should any of the
lands or roads owned by the municipality within the area requiring drainage as described in the petition
be assessed, the council may by resolution authorize the head of the municipaliÇ to sign the petition for
the municipality, and such signature counts as that of one person in the favour of the petition. Section
42.
Failure to attend adjourned hearing - You are hereby notified that if you do not attend at the
hearing, it may proceed in your absence and except as otherwise provided in the Drainage Act, you will
not be entitled to any further notice in the proceedings. Statutory Powers Procedure AcÇ R.S.O. 1990,
c.5.22, s. 6(2) (c).
iris infqimatiqn collqcted and ñaintained specifically for the purpose of creating a record ayailable to
lic ând is open to inspection by any person upon request at the office of clerk during normal office
Notice of Drainage Works from the Township of South - West
Oxford regarding "Crossett Drain - 2010". File: E09
Page 62 of 254
Notice of Drainage Works from the Township of South - West
Oxford regarding "Crossett Drain - 2010". File: E09
Page 63 of 254
Page l2
dated June 1 1 , 1984. This tile drainage system consisted of the installation of 696 metres of 150mm
dia. to 200mm dia. concrete and plastic tile.
On-Site Meeting
ln accordance with Section 9(1)of the Drainage Act, R.S.O. 1990 an on-site meeting was held on
June 5, 2008. Persons in attendance were:
Bill Dietrich, P. Eng.
Greg Nancekivell, C.E.T.
Henry Benemiere
Bill Knifton
George Beard
Eric Schuurman
Dietrich Engineering Limited
Dietrich Engineering Limited
Acting Drainage Superintendent (Township of South-West Oxford)
Drainage Superintendent (Municipality of Bayham)
Land Owner
Land Owner
Information Meeting
An information meeting was held on January 26, 2010 at the Township of South-West Oxford
Municipal Office. The information provided included the type and design of the drainage system,
estimated costs and proposed assessments.
Findings
We have made an examination of the drainage area and have found the following:
1. The lower portion of the Crossett Municipal Drain is in a poor state of repair and is not of
sufficient capacity nor depth to drain the surrounding and upstream lands within the watershed
at todays standards of drainage as recommended by the Ontario Ministry of Agriculture, Food
and RuralAffairs.
2. The lower section of the drain (approximately 300 metres) is located in the easterly road ditch
of Oxford County Road 10. This tile drain is a 300mm dia. tile drain that was installed under a
report of W. G. Ure, P.Eng. in 1927. This section of the Crossett Municipal Drain is not
functioning. Due to the poor condition of the lower portion of the Crossett Drain, part of Oxford
County Road 10 and part of Lot21, Concessiol't 12 in the Township of South-West Oxford
(former township of Dereham) experiences poor surface and subsurface drainage.
Recommendations
L. The lower 300 metres of the Crossett Municipal Drain be relocated offthe Oxford County Road 10 road
allowance onto private property.
Approximately 520 metres of the Crossett Municipal Drain be replaced with a 300mm dia. to 450mm
día. tile drainage system. This new drainage system shall consist of concrete field tile and high density
polyethylene pipe. lt shall be located in Lot 21-, Concession 12 parallel to Oxford County Road 10.
The existing 20Omm dia. tile drain constructed under the Spriet Associates report, dated June LL,1984
be connected to this new municipal drain.
2
Notice of Drainage Works from the Township of South - West
Oxford regarding "Crossett Drain - 2010". File: E09
Page 64 of 254
Page l3
4. The new tile drainage systems should be designed using a drainage coefficient of 32mm of rainfall per
24 hours.
Summary of Froposed Works
The proposed works shall consist of the installation of 520 metres of 200mm dia. to 450mm dia.
concrete tile, High Density Polyethylene Pipe, one (1) concrete junction box and three (3) concrete
catch basins.
Working Area
The working area for construction and maintenance purposes for the "Crossett Municipal Drain 2010"
shall be a width of twenty (20) metres centered on the proposed tile drain. Each landowner on whose
property the drainage work is to be constructed shall designate access to and from the working area.
Watershed Characteristics
The Drainage Area comprises approximately 41.1 hectares. Land use within the watershed is
primarily agricultural.
Allowances
ln accordance with Section 30 of the Drainage Act, R. S. O. 1.990, we determine the allowances payable to
Owners entitled thereto as follows:
Total Allowances, under Section 30 of the Drainage Act, R.S.O. 1990;
Crossett Municipal Drain 2010 $ 2,850
Notice of Drainage Works from the Township of South - West
Oxford regarding "Crossett Drain - 2010". File: E09
Page 65 of 254
Page l4
Estimated Construction Costs
We have made an estimate of the cost of the proposed work which is outlined in detail as
follows:
LABOUR. EQUIPMENT AND MATERIALS
1) Supply 163 metres of 450mm dia. Perforated
High Density Polyethylene Pipe with filter sock
lnstallation by means of excavator on crushed stone bedding
(sta. 0+012 to sta. 0+175)
2) Supply 125 metres of 450mm dia. concrete field tile
lnstallation
3) Supply 194 metres of 300mm dia. concrete field tile
lnstallation
4) Supply l2 metres of 300mm dia. High Density Polyethylene Pipe
lnstallation (sta. 0+494 to sta. 0+506)
5) Supply 14 metres of 200mm dia. High Density Polyethylene Pipe
. lnstallation (sta. 0+506 to sta. 0+520)
6) Supply 12 metres of 450mm dia. High Density Polyethylene Pipe
complete with rodent grate
lnstallation of 12 metres of 450mm dia. High Density Polyethylene
Pipe complete with quarry stone rip-rap protection and geotextile
filter material (25m2)
7) Supply and install 1 - 450mm dia. elbow at sta. 0+012
8) Supply and install I - 450mm x 200mm tee at sta. 0+1 10
9) Supply and install 1 - 300mm x 200mm tee at sta. 0+500
10) Supply and install 1 - 600mm x 900mm concrete junction box at sta. 0+300
1 1) Supply and install 3 standard 600mm x 600mm concrete catch basins
offset 12 metres west of sta. 0+1 10, sta. 0+300 and sta, 0+500
12) Supply 36 metres of 200mm dia, High Density Polyethylene pipe
lnstallation (offset catch basin connections
at sta. 0+1 10, sta. 0+300 and sta. 0+500)
$8,970
$7,340
$2,750
$1,750
$2,520
$2,520
$ 300
$ soo
$ zto
$ sso
$ 660
$1,000
$ 2oo
$ zoo
$ tso
$ 9oo
$2,1 oo
$ s¿o
$1,200
Notice of Drainage Works from the Township of South - West
Oxford regarding "Crossett Drain - 2010". File: E09
Page 66 of 254
13) Tile connections
TOTAL ESTIMATED CONSTRUCTION COSTS
CROSSETT MUNICIPAL DRAIN 201O
Summary of Construction Costs
Total Estimated Materials
Total Estimated Labour and Equipment
Total Estimated Gonstruction Costs
Summary of Costs
Allowances under Section 30 of the Drainage Act, R.S.O. 1990
Total Estimated Construction Costs
Meetings, survey, design, preparation of preliminary cost estimates
and reports, preparation of final drainage report, consideration of report
and court of revision
Prepa ration of contract docu ments, contract adm in istration,
supervision and inspection of construction
Contingencies and lnterest
TOTAL ESTIMATED COST FOR THE
CROSSETT MUNICIPAL DRAIN 2OIO
The estimated cost of the work in the Township of South-West Oxford is $48,900.
$ 2,950
$34,460
$ 6,900
$ 3,goo
$ 890
s48,900
Assessment
We assess the cost of this work against the lands and roads liable for assessment for benefit
and outlet as shown on the annexed Schedule of Assessment. We have determined that
there is no injuring liability assessment involved.
The existing Crossett Municipal Drain constructed under the report of W. G. Ure, P.Eng dated
August 19, 1927 and the report of A. M. Spriet & Associates Ltd. dated April 30, 1965 shall be
abandoned and cease to be a municipal drain after the Crossett Municipal Drain 2010 is
constructed. The ownership of the existing tile drains shall be reverted to the landowners for
that portion of the drains which is situated on their respective properties. :
Notice of Drainage Works from the Township of South - West
Oxford regarding "Crossett Drain - 2010". File: E09
Page 67 of 254
Page l6
Maintenance
After completion, this drain shall be maintained by the Township of South-West Oxford at the
expense of all the lands and roads assessed in the attached Schedule of Assessment for
Maintenance and in the same relative proportions until such time as the assessmènt is
changed under the Drainage Act.
Respectfully submitted,
DIETRICH ENGINEERING LIMITED
nF
4à
W. J, Dietrich, P.Eng.
WJD:sb
Notice of Drainage Works from the Township of South - West
Oxford regarding "Crossett Drain - 2010". File: E09
Page 68 of 254
SCHEDULE OF ASSESSMENT
Grossett Municipal Drain 2010
Township of South-West Oxford
(Former Township of Dereham)
LOT OR
PART
APPROX.
HECTARES
CON. AFFECTED OWNER
ROLL
NO.
BENEFIT
LIABILITY
OUTLET
LIABILITY
TOTAL
ASSESSMENT
LESS
ALLOWANCES
NET
ASSESSMENT
LESS 1/3
GOVT
GRANT
Township of South-West Oxford
21 12 30.4 G. & S. Beard
22 12 2.4 F. Franklin
Total Assessment on Lands
$9,000
Pressey Road Township of South-West Oxford
County of OxfordCounty Road No.10 2.3
Total Assessment on Roads
$31,800
$31,800
Total Assessment to Lands and Roads, Township of South-West Oxfon 940,800
Townshio of Bavham
$9.000 $4,753 $13,753 $4,584
106-227
106-228
$4,276 $13,276
6477 $477
94,42s
$1 s9
$2,850
$2,850
$4,584 $2,850
$6,001
$318
$6,319
$318
$33,343
$33,661
$39,980
$r8
$33,343
$33,661
$47,414
5
Pt.6
Pt.6
1.2
1.2
$21 I
$234
$238
$2r I
9234
$238
10
10
10 2.2 J. Bogart
R. & P. Dykxhoorn
Schuurman Farms Ltd.
Township of Bayham
County of Elgin
005-1 1 7
005-1 1 9-06
005-1 1 7
$146
s234
$1 59
$73
$7e
Total Assessment on Lands
Pressey Road 0.4
County Road No.46 0.6r.t
Total Assessment on Roads
Total Assessment to Lands and Roads, Township of Bayham
Total Assessment on Lands and Roads,
Grossett Municipal Drain 2010
$795 $795 $795
$1,486 $1,486 $r 52 $1,334
_q4o,ggg_ _$q]-99_ _$48,ggg_ _$lztg_ _$a9!9_ _$4131!_
NOTES: 1. * Denotes non-agricultural lands.
2. The NET ASSESSMENT is the total estimated assessment less a
one-third (1/3) Provincial grant, and allowances, if applicable.
$691
$31 I
$477
$691 $1 52 $539
$31 8
$477
$31 8
$477
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Page I
SCHEDULE OF ASSESSMENT FOR MAINTENANCE
Grossett MuniciPal Drain 2010
Township of South'West Oxford
(Former Township of Dereham)
LOT OR
PART
APPROX.
HECTARES
CON. AFFECTED OWNER
PORTION OF
ROLL MAINTENANCE
NO. COST
Township of South-West Oxford
Total Assessment on Lands
Pressey Road
County Road No.10
Total Assessment on Roads
5 10
Pt.6 10
Pt.6 10
Total Assessment on Lands
Pressey Road
County Road No.46
Total Assessment on Roads
G. & S. Beard
F. Franklin
Township of South-West Oxford
County of Oxford
J. Bogart
R. & P. Dykxhoorn
Schuurman Farms Ltd.
Township of Bayham
County of Elgin
21
22
12 30.4
12 2.4
106-227
106-228
59.1%
4.7o/o
63.8%
3.2o/o
18.3Yo
0.4
2.3
2.2
1.2
1.2
0.4
0.6
21.5o/o
85.3%Total Assessment to Lands and Roads, Township of South-West Oxford
Township of Bayham
005-1 1 7
005-1 1 9-06
005-1 1 7
2.2o/o
2.3o/o
2.3Vo
6.8Yo
3.2%
4.7%
7.9o/o
14.7o/oTotal Assessment to Lands and Roads, Township of Bayham
Total Assessment to Lands and Roads for Maintenance
Crossett Municipal Drain 2010
* Denotes non-agricultural lands.
100.0%
NOTE:
Notice of Drainage Works from the Township of South - West
Oxford regarding "Crossett Drain - 2010". File: E09
Page 70 of 254
SPECIFICATIONS FOR THE CONSTRUCTION OF
MUNICIPAL DRAINAGE WORKS
DIVISION A - General Conditions
DIVISION C - Specification for Tile Drains
DIVISION H - Special Provisions
Notice of Drainage Works from the Township of South - West
Oxford regarding "Crossett Drain - 2010". File: E09
Page 71 of 254
Notice of Drainage Works from the Township of South - West
Oxford regarding "Crossett Drain - 2010". File: E09
Page 72 of 254
DIVISION A
GENERAL CONDITIONS
A. CONTENTS
A.1_ SCOPE
A.2 TENDERS
A.3 EXAMINATIONS OF SITE, PLANS AND SPECIFICATIONS
A.4 PAYMENT
A.4 WORKING AREA AND ACCESS.
A.5 INSPECTION
A.6 COMPLETION OF WORK
A.7 ALTERATIONS AND ADDITIONS
A.8 SUPERVISION
A.9 MAINTENANCE
A.10 CONTRACTOR'S LIABILITY INSURANCE
A.11 FLOODS OR CASUALTIES
A.T2 SUB-CONTRACTORS
A.13 ROAD CROSSINGS
A.L4 LANEWAYS
A.15 FENCES
A.16 LIVESTOCK
A.t7 STANDING CROPS
A.18 SURPLUS GRAVEL
A.19 PERMITS, NOTICES, LAWS AND RULES
A.2O RAILWAYS, HIGHWAYS AND UTILITIES
A.21. TERMINATION OF CONTRACT BYTHE MUNICIPALITY
A.22 ERRORS AND UNUSUAL CONDITIONS
A.23 EXCESS TILE
A.24 REPLACEMENT OF STAKES
A.25 DRAINAGE COMMISSIONER/SUPERINTENDENT
A.26 TESTS
A.27 ONTARIO MUNICIPAL BOARD
A.28 NOTICE RE. COMMENCEMENT OF WORK
A.29 FIELD MEETINGS
PAGE
Notice of Drainage Works from the Township of South - West
Oxford regarding "Crossett Drain - 2010". File: E09
Page 73 of 254
Notice of Drainage Works from the Township of South - West
Oxford regarding "Crossett Drain - 2010". File: E09
Page 74 of 254
Page l1
DIVISION A
GENERAL CONDITIONS
A.1 SCOPE
These Specifications, the Report And Drawings, govern the supply of labour, materials,
and equipment necessary to construct the works as shown on, described by or
reasonably inferable from the Report, Specifications and Drawings. ln some
Municipalities, the Contractor shall supply all materials. The accompanying Form of
Tender and Agreement and Scope of Work list materials which are to be supplied by the
Contractor.
A.2 TENDERS
Tenders are to be submitted on a lump sum basis for the complete works or a portion
thereof, as instructed by the Municipality. The lowest or any Tender will not necessarily
be accepted. A Tender deposit of Seven Thousand Dollars ($7,OOO¡ in the form of a
certified cheque payable to the Treasurer of the Municipality, must accompany each
Tender as guarantee of good faith.
All certified cheques, except that of the bidder to whom the work is awarded, will be
returned within ten (10) days of the time the Contract is awarded. The certified cheque
of the bidder to whom the work is awarded will be returned with the final payment on the
work or will be retained until the successful Tenderer furnishes a Performance Bond for
One Hundred per cent (1007o) of the amount of the Tender or other satisfactory security,
if required by the Municipality. A Performance Bond shall insure completion of the work
and maintenance of the work for a period of one (1) year after the date of the completion
certificate.
A.3 EXAMINATIONS OF SITE. PLANS AND SPECIFICATIONS
The Tenderer must examine the premises and site to compare them with the Plans and
Specifications in order to satisfy himself of the existing conditions and extent of the work
to be done before submission of his Tender. No allowance shall subsequently be made
on behalf of the Contractor by reason of any error on his part.
Any estimates of quantities shown or indicated on the Plan, or in the Report are provided
for the convenience of the Tenderer. Any use made of these quantities by the Tenderer
in calculating his Tender shall be done at his own risk. The Tendeler for his own
protection should check these quantities for accuracy.
Notice of Drainage Works from the Township of South - West
Oxford regarding "Crossett Drain - 2010". File: E09
Page 75 of 254
Page l2
The Tenderer must satisfy himself that he understands the meaning and intent of the
Plans and Specifications before submission of his Tender. ln case of any inconsistency
or conflict between the Plans and Specifications, the notes on the Plans shall take
precedence over the Specifications.
A.4 PAYMENT
Progress payments in cash equal to Eighty per cent (80%) of the value of work done and
materials incorporated in the work will be made to the Contractor monthly on written
request of the Contractor to the Engineer. An additional Seventeen per cent (17o/o) will
be paid thirty-seven (37) days after the final acceptance by the Engineer, and Three per
cent (3%) of the Contract price may be reserved by the Municipality for one (1) year.
A greater percentage of the Contract price may be reserved by the Municipality for the
same (1) year period if in the opinion of the Engineer, particular conditions of the
Contract requires such greater holdback. After the completion of the work, any part of
this reserve may be used to correct defects developed within that time from faulty
workmanship and materials, provided that notice shall first be given to the Contractor
and that he may promptly make good such defects if he desires.
A.4 WORKING AREA AND ACCESS
On a closed drain, the working area for construction purposes shall be a width of six (6)
metres (see item No. 3 in the Special Provisions, Division H). On an open drain, the
working area shall be fifteen (15) metres on the side of the drain where the excavated
material is to be placed unless additional width is required to level the excavated
material.
lf access off an adjacent road allowance is not possible, each Landowner on whose
property the drainage works is to be constructed, shall designate access to and from the
working area. The Contractor shall not enter any other lands without permission of the
Landowner and he shall compensate the Landowner for damage caused by such entry.
A.5 INSPECTION
Final inspection by the Engineer will be made within twenty (20) days after he has
received notice in writing from the Contractor that the work is complete, or as soon
thereafter as weather conditions permit. All the work included in the Contract must at
the time of final inspection have the full dimensions and cross-sections.
A.6 COMPLETION OF WORK
The work must commence immediately after the Contractor is notified of the acceptance
of his Tender or at a later date if set out as a condition of the Tender. lf weather and
Notice of Drainage Works from the Township of South - West
Oxford regarding "Crossett Drain - 2010". File: E09
Page 76 of 254
Page l3
ground conditions are unsuitable, work may be started at a later date from either of
these two (2) dates if such delay is approved by the Engineer.
The work must be proceed in such a manner as to ensure its completion at the earliest
possible date consistent with the first class workmanship and within the time limit set out
in the Tender or in the Contract Documents.
A.7 ALTERATIONS AND ADDITIONS
The Engineer shall have the power to make alterations in the work shown or described
in the Drawings or Specifications and the Contractor shall proceed to make such
changes without causing delay. ln every such case, the price agreed to be paid for the
work under the Contract shall be increased or decreased as the case may require
according to a fair and reasonable evaluation of the work added or deleted. Where such
changes involve work additional and similar to the items in the Main Contract, the price
agreed to be paid shall be determined after due consideration has been given to the
ratio of the Tendered amount to the Engineer's estimate of the Contract. Such
alterations and variations shall in no way render the Contract void. No claims for a
variation or alteration in the increased or decreased price shall be valid unless done in
pursuance of an order from the Engineer and notice of such claims made in writing
before commencement of such work. ln no sqch case shall the Contractor commence
work which he considers to be extra before receiving the Engineer's approval.
A.8 SUPERVISION
The Contractor shall give the work his constant supervision and shall keep a competent
foreman in charge at the site.
A.9 MAINTENANCE
The Contractor shall repair and make good any damages or faults in the drain that may
appear within one (1) year after its completion (as evident by the final payment
certificate) as the result of the imperfect or defective work done or materials furnished if
certified by the Engineer as being due to one or both of these causes; but nothing herein
contained shall be construed as in any way restricting or limiting the liability of the
Contractor under the laws of the Country, Province or Locality in which the work is being
done. Neither the final payment certificate nor payment there under, nor any provision in
the Contract Documents shall relieve the Contractor from his responsibility.
A.1O CONTRACTOR'S LIABILITY INSURANCE
The Contractor shall protect himself and indemnify and save the Owner harmless from
any and all claims which may arise from the Contractor's operations under the Contract
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where bodily injury, death, or property damage is caused and for this purpose shall,
without restricting the generality of the foregoing, maintain insurance acceptable to the
Owner, and subject to the limits of not less than One Million Dollars ($1,000,000.00)
inclusive, per occurrence for bodily injury, death, and damage to property including loss
of use thereof.
The Contractor shall furnish evidence of compliance with all requirements of the
applicable Workmen's Compensation Act or Ordinance of the Province or Territory
concerned including payments due there under.
Prior to commencement of any work hereunder, the Contactor shall file with the Owner a
copy of each insurance policy and certificate required. All such insurance shall be
maintained until final completion of the work including the making good of faulty work or
materials; except that coverage of completed operations liability shall in any event be
maintained for twelve (12) months from the date of substantial completion as certified by
the Engineer.
A.11 FLOODS OR CASUALTIES
The Contractor shall take all risks from floods or casualties of any kind.
Aj2 SUB-CONTRACTORS
lf the Municipality so directs, the Contractor shall not sublet the whole or part of this
Contract without the approval of the Engineer.
A.13 ROAD CROSSINGS
All road crossings may be made with an open cut unless othenryise noted. The exact
location of the crossings shall be verified and approved by the Road Authority or the
Engineer. A 150 mm depth of pitrun gravel, well compacted, shall be placed as a base
for each pipe crossing. The pipe shall be backfilled with a granular material for the width
of the travelled portion plus 1200 mm on either side. The material shall be placed in lifts
not exceeding 300 mm in depth and shall be thoroughly compacted with an approved
type mechanical vibrating compactor where so required by the Engineer. The top 150
mm of the roadway backfill shall consist of crushed granular material meeting the
Specifications of the Ministry of Transportation of Ontario for Granular Base Course
Class "4" (Granular "A") material. Existing pavement, if any, shall not be replaced by the
Contractor unless noted differently on the Plan.
The Contractor shall be responsible, however, for subsequent uneven joints in the
pavement due to settling of the backfill. The Contractor should arran(¡e with a local
resident to keep the crossing in repair if unable to do such personally. A small load of
Granular "4" gravel at the side of the road may be advisable so that if any settlement
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does occur, the local resident can add additional gravel. All road crossings shall meet
the approval of the Road Authority. For County road crossings, see Division D -
"Specifications for Municipal Drains Crossing County Roads". ln doing work on or
across any public road, care must be taken to protect the travelling public, the Contractor
being required to erect and maintain, until the completion of the work, all signs,
barricades, and lights necessary to indicate or warn the travelling public that the work is
being undertaken, all satisfactory to the Road Authority having jurisdiction.
The excavated material from the travelled portion of the road and 1200 mm or the full
width of the graveled shoulder, whichever is greater, on each side of the travelled portion
shall be removed. Excavated material may be spread on the right-of-way with consent
of the Road Authority. Surplus excavated material must be removed from the job site
lf the Engineer deems a gravel road to have been damaged by the construction of a
drain either across or along the said road, the Engineer may direct the Contractor to
supply and place sufficient crushed granular material on the roadway to restore it to a
safe and passable condition at the Contractor's expense.
414 LANEWAYS
All pipes crossing laneways shall be backfilled with material that is clean, free of foreign
material or frozen particles and readily tamped or compacted in place unless otherwise
specified. Laneway culverts on open ditch projects shall be backfilled with material that
also is not easily erodable. All backfill material shall be thoroughly compacted as
directed by the Engineer.
All structural plate pipe culverts whether located on public roads or laneways shall be
backfilled with granular material to a minimum distance of 900 mm beyond each side of
the culvert. Three hundred millimeters (300 mm) of granular material shall be placed
under the culvert as a base. Granular material shall be placed simultaneously on each
side of the culvert in 150 mm layers and compacted to a ninety-five per cent (95%)
Proctor Density. All culverts to be assembled according to the Engineer's and
Manufacturer's Specifications. Culverts to be installed 300 mm below design grade with
a minimum of 600 mm of cover over the pipe unless othenrvise noted on Drawings.
The backfill over culverts and subsurface pipes at all existing laneways that have
granular surfaces on open ditch and closed drainage projects shall be surfaced with a
minimum of 300 mm of pit run granular materíal and 150 mm of crushed granular
material. All backfill shall be thoroughly compacted as directed by the Engineer. All
granular material shall be placed to the full width of the travelled portion.
Any settling of backfilled material shall be repaired by or
Contractor during the warranty period of the project and as
at the expense of the
soon as required. Any
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existing bituminous pavement on laneways shall be placed to its original condition by the
Contractor.
A.,15 FENCES
No earth is to be placed against fences and all fences removed by the Contractor shall
be replaced by him in as good a condition as found. Where practical the Contractor
shall take down new existing fences in good condition at the nearest anchor post and roll
it back rather than cutting the fence and attempting to patch it. The replacement of the
fences shall be done to the satisfaction of the Engineer or Drainage
CommissioneriSuperintendent. Any fences found in such poor condition that'
replacement is not necessary, shall be noted and verified with the Engineer or Drainage
Commissioner/Superintendent prior to commencement of work. Any fences paralleling
an open ditch that are not line fences that hinder the proper working of the excavating
machinery, shall be removed and rebuilt by the Land owner at his own expense. The
Contractor shall not leave fences open when he is not at work in the immediate vicinity.
A.16 LIVESTOCK
The Owner of the property on which the drain is located shall be responsible for the
protection of all livestock on said property during construction and shall also be liable'for
any damages caused by such livestock.
A.17 STANDING CROPS
The Contractor shall be responsible for damages to standing crops which are ready to
be harvested or salvaged along the course of the drain if the Contractor has failed to
notify the Owners forty-eight (48) hours prior to commencement of the work on that
portion of the drain.
A.18 SURPLUS GRAVEL
lf as a result of any work, gravel or crushed stone is required and not all the gravel or
crushed stone is used in the construction of the works, the Contractor shall haul away
such surplus gravel or stone. This does not apply to a road crossing where surplus
gravel is left to allow for building up the trench after settlement occurs.
A.19 PERMITS. NOTICES. LAWS AND RULES
The Contractor shall apply and pay for all necessary permits or licenses-.required for the
execution of the work (but this shall not include the obtaining of permanènt easement or
rights of servitude). The Contractor shall give all necessary notices and pay for all fees
required by law and comply with all laws, ordinances, rules and regulations relating to
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the work and to the preservation of the public's health and safety and if the
Specifications and Drawings are at variance therewith, any resulting additional expenses
incurred by the Contractor shall constitute an addition to the Contract price.
A.2O RAILWAYS. HIGHWAYS AND UTILITIES
A minimum of forty-eight (48) hours notice in writing to the Railway's Division Engineer,
the M.T.O. District Engineer, or the Utility Company, exclusive of Saturdays, Sundays'
and Statutory Holidays, is required by the Contractor prior to any work performed on or
affecting the applicable property and in the case of a pipe being installed by open cut, a
minimum of seventy-two (72) hours notice is required; and if boring, a minimum of five
(5) days notice is required
4.21
lf the Contractor should be adjudged bankrupt, or if he should make a general
assignment for the benefit of his creditors, or if a receiver should be appointed on
account of his insolvency, or if he should refuse or fail to supply enough properly skilled
workmen or proper materials after having received seven (7) days notice in writing from
the Engineer to supply additional workmen or materials to commence or complete the
works, or if he should fail to make prompt payment to Sub-Contractors, or for material, or
labour, or persistently disregards laws, ordinances, or the instruction of the Engineer, or
othenruise be guilty of a substantial violation of the provisions of the Gontract, then the
Owner, upon the certificate of the Engineer that sufficient cause exists to justify such
action, may without prejudice to any other right or remedy, by giving the Contractor
written notice, terminate the employment of the Contractor and take possession of the
premises, and of all materials, tools and appliances thereon, and may finish the work by
whatever method the Owner may deem expedient but without delay or expense'
ln such a case, the Contractor shall not be entitled to receive any further payment until
the work is finished. lf the unpaid balance of the Contract price will exceed the expense
of finishing the work including compensation to the Engineer for his additional services
and including the other damages of every name and nature, such excess shall be paid
by the Contractor. lf such expense will exceed such unpaid balance, including the
certified cheque and deposit as provided by 4.2 "Tenders", the Contractor shall pay the
difference to the Owner. The expense incurred by the Owner, as herein provided, shall
be certified by the Engineer.
lf the Contract is terminated by the Owner due to the Contractor's failure to properly
commence the works, the Contractor shall forfeit the certified cheque bid deposit and
furthermore shall pay to the Municipality an amount to cover the increased costs, if any,
associated with a new Tender for the Contract being terminated.
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Fage l8
lf any unpaid balance and the certified cheque do not match the monies owed by the
Contractor upon termination of the Contract, the Municipality may also charge such
expense against any money which may thereafter grow due to the Contractor.
A.22 ERRORS AND UNUSUAL CONDITIONS
The Contractor shall notify the Engineer immediately of any error or unusual conditions
which may be found. Any attempt by the Contractor to correct the error on his own shall
be done at his own risk. Any additional cost incurred by the Contractor to remedy the
wrong decision on his part shall be borne by the Contractor, The Engineer shall make
the alterations necessary to correct errors or to adjust for unusual conditions. The
Contract amount shall be adjusted in accordance with a fair evaluation of the work
added or deleted.
A.23 EXCESS TILE
lf the tile is supplied by the Municipality, the Contractor shall stockpile all excess tile in
one (1) readily accessible location for pickup by the Municipality at the end of the project.
lf the tile is supplied by the Contractor he shall remove all excess tile from the job site.
A.24 REPLACEMENT OF STAKES
The Contractor shall be held liable for the cost of replacing any stakes or benchmarks
destroyed during the course of construction. The municipal drain shall be liable for the
cost of replacing stakes or benchmarks destroyed or removed before commencement of
construction.
A.25 DRAINAGE COMMISSIONER/SUPERINTENDENT
Where a Drainage Commissioner/Superintendent is appointed by the Municipality, the
Drainage Commissioner/Superintendent will act as the Engineer's representative. The
Commissioner/Superintendent shall have the power to direct the execution of the work
and to make any necessary minor adjustments.
Any instructions given by the Commissioner/Superintendent which change considerably
the proposed work, or with which the Contractor does not agree, shall be referred to the
Engineer for his decision.
A.26 TESTS
The cost for the testing of materials supplied to the job by the Contractor shall be borne
by the Contractor. The cost of testing materials supplied by the Municipality shall be
borne on the Municipality. The Engineer reserves the right to subject any lengths of any
tile or pipe to a competent testing laboratory to ensure the adequacy of the tile or pipe. lf
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any tile supplied by the Contractor is determined to be inadequate to meet the applicable
A.S.T.M. standards, the Contractor shall bear full responsibility to remove and/or replace
all such inadequate tile in the Contract with tile capable of meeting the A.S.T.M'
Standards.
A.27 ONTARIO MUNICIPAL BOARD
The award of the Contract shall be subject to the approval of the project by the Ontario
Municipal Board.
A.28 NOTICE RE. COMMENCEMENT OF WORK
The Contractor shall give the Engineer and the Drainage Commissioner/Superintendent
a minimum of forty-eight (48) hours advance notice before commencement of work on
any municipaldrain.
lf the Contractor leaves the job site for a period of time after initiation of work, he shall
give the Engineer and the Drainage Commissioner/Superintendent a minimum of forty-
eight (a8) hours advance notice prior to returning to the job.
lf any work is commenced without such advance notice, the Contractor shall be fully
responsible for all such work undertaken prior to such notification and shall make good
any works or materials used judged to be inadequate or constructed in a manner that
may have been subject to alteration if made known to the Engineer prior to
com mencement of construction.
A.29 FIELD MEETINGS
At the Engineer's discretion, a field meeting with the Contractor or his representative, the
Engineer and with those others that the Engineer deems to be affected, shall be held
after notification of commencement of work has been given and prior to commencement
of, or during construction.
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DIVISION C
SPECIFICATION FOR TILE DRAINS
c.CONTENTS PAGE
C1. TILE L
C2. STAKES 1'
C3. LINE L
C.4 LAYING 2
C5. LOWERING OF SURFACE GRADES 2
C6. TRIBUTARY DRAINS 3
C7. OUTLET PROTECTION 3
C8. CATCH BASINS 4
C9. BRUSH, TREES, DEBRIS, ETC. 5
c10. QUICKSAND 5
ct1,. RocKs s
CTz. BROKEN OR DAMAGED TILE 6
c13. ROADS 6
CL4, JUNCTION BOXES 6
C15. FILLING IN EXISTING DITCHES 6
C16. CONSTRUCTION OF GRASSED WATERWAYS 6
CL7. RECOMMENDED PRACTICE FOR CONSTRUCTION OF SUBSURFACE DRAINAGE SYSTEMS 6
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DIVISION C
SPECIFICATION FOR TILE DRAINS
c1.TILE
The Contractor is to state the type and manufacturer of the tile which he proposes to use
and is to be prepared to submit alternative prices for concrete or clay tile in the sizes
available, if required.
Standard clay tile shall meet all A.S.T.M. Specifications as set out in Designation C4-62
and Designation C498-65 with the exception of the Absorption Factor and the Freeze
and Thaw test. Extra quality drain tile and heavy duty drain tile shall meet all
Specifications as set out in Designation C4-62 and Designation C498-65.
Concrete tile shall be extra quality drain tile which meets all A.S.T.M. Specifications as
set out in Designation C412 with the exception that the nominal lengths of drain tile 150
mm to 300 mm in diameter inclusive, shall not be less than 300 mm; and that tile of 350
mm to 750 mm in diameter inclusive, shall have nominal lengths of not less than the
diameters.
Where any of the above referred to standards are amended or superseded, such
amendments or revisions shall apply.
C2. STAKES
Stakes are set along the course of the drain at intervals of twenty-five (25) metres.
Benchmarks have been established which are to govern the elevations of the drain. The
location and elevations of the benchmarks are given on the Plan and Profile drawings.
The Contractor will ensure that the stakes are not disturbed unless approval is obtained
from the Engineer.
c3.LINE
The drain shall run in as straight a line as possible throughout its length, except that at
intersections of other watercourses or at sharp corners, it shall run on a curve of at least
fifteen (15) metres radius. The newtile drain shall be constructed atan offsetfrom and
parallel with any ditch or defined watercourse in order that fresh backfill in the trench will
not be eroded by the flow of surface water,
The Contractor shall exercise care not to disturb any existing tile drain or drains which
parallel the course of the new drain, particularly where the new and existing tile act
together to provide the necessary capacity. Where any such existing drain is disturbed
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or damaged, the Contractor shall perform the necessary correction or repair at his
expense. The Engineer will designate the general location of the tile drain, but the
Landowners may indicate the exact location if approval is given by the Engineer. A
variation of 20 mm from the proposed Profile shall be sufficient to require the Contractor
to remedy this discrepancy,
The Contractor shall verify the location of the new tile drain with the Engineer, Drainage
Commissioner/Superintendent and the Landowners before proceeding with the work.
C.4 LAYING
The tile is to be laid with close joints and in regular grade and alignment in accordance
with the Plan and Profile Drawings. The Contractor is to erect cross-arm sights and use
a boning rod in the laying of the tile. The tiles are to be bevelled, if necessary to ensure
close joints. Rather than bevelling the tile on sharp bends, the Contractor may wrap the
wide joints with a 130 mm wide band of felt building paper. The inside of the tile is to be
kept clear when laid. Any joints with a gap greater than 5 mm are to be wrapped with
plastic or geotextile filter material at no extra cost.
Where soil conditions warrant, the Engineer may require that the tile be wrapped with a
geotextile filter material, Mirafi P-50, manufactured by Dominion Textile, |nc.,415
Nonrvich Street, Woodstock, Ontario (519) 539-9877, or an approved equal. Any such
work shall be considered an extra to the Contract. The Contractor shall submit with his
Tender the extra cost for wrapping the tiles, if necessary.
The sides of the tile are to be supported by partial filling of the trench prior to inspection
by the Engineer. The remainder of the excavated material shall be used to restore and
maintain the natural surface of the ground. No tile shall be backfilled until inspected by
the Drainage Commissioner/Superintendent or Engineer unless directed othenruise by
the Engineer. The tile shall be backfilled such that a suffìcient mound of backfill is
placed over the trench to ensure that no depression remains after settling occurs in the
backfill.
C5. LOWERING OF SURFACE GRADES
Where required, the Contractor shall strip back and stockpile the topsoil, and strip the
subsoil in order that the tiling machine may trench to the correct depths. After the tile is
installed, the trench shall be backfilled, subsoil replaced and the topsoil shall be spread
over the disturbed area. The Contractor's Tender price shall include the cost of stripping
the topsoil, bulldozing of the subsoil to the depth required and subsequent replacement
of subsoil and topsoil.
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C6. TRIBUTARY DRAINS
Any tributary tile encountered in the course of the drain is to be carefully taken up by the
Contractor and placed clear of the excavated earth. lf the tributary drains encountered
are clean or reasonably clean, they shall be connected into the new drain. The type of
materials used to make the tributary tile drain connections shall be verified with the
Owners. Where the existing drains are full of sediment, the decision to connect or not to
connect to the new drain shall be left to the Engineer or Drainage Commissioneri
Superintendent. The Contractor shall be paid for each tributary drain connection as
outlined in the Form of Tender and Agreement.
Where the Contractor is required by the Engineer or Drainage Commissioner/
Superintendent to hook up an existing tile which is not encountered in the course of the
drain, the cost of such work shall constitute an extra and the basis for payment shall be
determined by the Engineer or Drainage Commissioner/Superintendent subject to the
provision of Section A.7 "Completion of Work". The method and materials proposed for
the connection are to be approved by the Engineer or Drainage Commissioner/
Superintendent. Mortared joints are required for all tributary tile drain connections.
C7. OUTLET PROTECTION
Riveted corrugated metal pipe shall be used to protect the tile at its outlet. The joint
between the metal pipe and the field tile shall be sealed with mortar. Sacked concrete
rip-rap protection or heavy field stone rip-rap protection and geotextile filter material
(Mirafi P-150 or approved equal) unless othen¡vise specified, shall be installed around
the corrugated metal pipe and extended downstream a minimum distance of three (3)
metres. The protection shall extend to the top of the backfilled trench and below the
pipe to 300 mm under the streambed. The protection shall also extend 600 mm into
undisturbed soil on either side of the backfilled trench.
Where the outlet occurs at the end of an open ditch, the above sacked concrete or
heavy field stone rip-rap protection will extend all around the end of the ditch and to a
point 800 mm downstream on either side. Where heavy overflow is likely to occur,
sufficient additional rip-rap and filter material shall be placed as directed by the Engineer
to prevent the water cutting around the protection. A concrete structure may be required
to protect against heavy overflow if so indicated on the Drawings. The corrugated metal
pipe shall have a hinged metal grate on the outlet end to prevent the entry of small
animals. Maximum spacing between bars shall be 50 mm.
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C8. CATCH BASINS
Cast-in-place catch basins shall be constructed using a minimum of 20 MPa concrete
with inside dimensions as specified on the Drawings or in the Scope of Work, walls and
floors - 150 mm thick, and the bottom - 450 mm below the invert of the tile. The catch
basin top shall be substantial iron grate approved by the Engineer, easily removable for
cleaning. Precast catch basins and manholes may be used if prior approval is given by
the Engineer. Minimum wall thickness permitted for catch basins without reinforcement
is 150 mm, and with reinforcement is 100 mm; provided that either is acceptable by the
Engineer.
Where a catch basin is located on a road allowance, the type of catch basin and grate to
be used and its proposed elevations shall be approved by the Engineer or the Road
Superintendent. Catch basins may be offset from the drain, where practical and shall
have 200 mm concrete tile or metal pipe leads unless othenrvise specified. Catch basin
leads shall have a minimum cover of 750 mm.
The joints between sectional precast catch basins shall be mortared and such mortar
shall be applied to each lower section before the upper section is added on. All tile or
pipe connected to the catch basin shall be mortared in place so that no gaps remain in
the wall. Mortar is to be applied from the outside of the walls.
Catch basins located on Highways shall be M.T.O. Type Standard DD-702 or M.T.O.
PrecastType Standard DD-711. The catch basin top shall be M.T.O. Standard DD-706
(if required, contact the Engineer for applicable Standards). Standard DD-716-A shall
apply for ditch inlet catch basins.
All catch basins located on Highways, County roads, and Township roads shall be
backfilled with porous backfill placed to a minimum thickness of 300 mm on all sides.
The backfilled material shall be satisfactorily tamped. lf settling occurs after
construction, the Contractor shall supply and place sufficient granular material to
maintain the backfill level flush with adjacent ground as part of the Contract.
Heavy field stone rip-rap protection shall be placed around all catch basins and shall
extend a minimum distance of 600 mm away from the outer edge of each side of the
catch basin, and shall be placed so that the finished surface of the rip-rap is flush with
the existing ground.
Catch basin grates shall be fabricated from angle iron for the frame and welded steel
bearing pads spaced at 75 mm centres. Any grate used is subject to the Engineer's
approval. Unless othen¡vise noted, the tops of all standard catch basins shall be 100 mm
above adjacent ground levels.
lf there are no existing drains to be connected to the catch basin at the top end of the
drain, a plugged tile shall be placed in the upstream wall with the same diameter and
elevations as the outlet tile.
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C9. BRUSH. TREES. DEBRIS. ETC.
The Contractor is to include the removal of all excavation of whatever nature, disposal of
material, removal and cutting of all brush, supplying of all labour and completing the
whole work in accordance with the Plan, Profile and Specifications. Any trees
necessarily removed are to be brushed and left for the Owner of the property on which
they are found. All brush, limbs, etc. are to be put in piles by the Contractor and left for
disposal by the Owner. No additional payment will be made for brushing of scattered
trees where required by the Engineer.
Where, in the opinion of the Engineer, the drain or proposed location of the drain is
heavily overgrown with small trees and brush, the Contractor may use a bulldozer or
other such equipment to clear a minimum width of thirty (30) metres. The resulting
debris shall be placed where directed by the Engineer and/or the Owner(s) and left for
disposal by the Owner(s). Where roots may interfere with the new drain, all such roots
shall be grubbed and placed in a pile convenient for disposal by the Owner. No
additional payment will be made for such work.
C1O. QUICKSAND
The Contractor shall immediately contact the Engineer or Drainage Commissioner/
Superintendent if quicksand is encountered. The Engineer or Drainage Commissioner/
Superintendent shall direct the Contractor to construct a temporary open drain to lower
the water table or to lay the tile on a crushed stone mat and wrap the tile joints with filter
material, or to take such action as may be necessary. The basis of payment for such
work shall be determined by the Engineer or Drainage CommissioneriSuperintendent.
c1|. ROCKS
The Contractor shall immediately contact the Engineer or Drainage Commissioner/
Superintendent if boulders of sufficient size and number are encountered such that the
Contractor cannot continue trenching with a tiling machine. The Engineer or Drainage
Commissioner/Superintendent may direct the Contractor to use some other method of
excavating to install the drain. The basis of payment for this work shall be determined
by the Engineer or Drainage Commissioner/Superintendent.
lf only scattered large stone or boulders are removed on any project, the Contractor shall
either excavate a hole to bury same adjacent to the drain, or he shall haul same to a
nearby bush or fence line, or such other convenient location as approved by the
Landowner(s).
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C12. BROKEN OR DAMAGED TILE
The Contractor shall either bury or remove all damaged tile or tiles not required
elsewhere. NO tile shall be left on the grounds for the Landowner(s) to dispose.
örg. RoADS
On any road crossing, the Contractor may use original ground as backfill to within 600
mm of finished grade only if adequate compaction and if the use of the original ground
backfill has been approved beforehand by the affected Road Authority. For further
information for roadway crossings, refer to Section A.14 - "Road Crossings" of the
General Conditions (Division A).
C14, JUNCTION BOXES
Junction Boxes shall be constructed using a minimum of 20 MPa concrete with inside
dimensions as specified in the Drawings or in the Scope of Work. The sides, bottom and
top shall be 150 mm thick. The top of the junction box should have a minimum ground
cover of 600 mm.
C15. FILLING IN EXISTING DITCHES
The Contractor shall backfill the ditch sufficiently for traversing by farm machinery. lf
sufficient material is not available from the old spoil banks to fill in the existing ditch, the
topsoil shall be stripped and the subsoil shall be bulldozed into the ditch and the topsoil
shall then be spread over the backfilled watenrvay.
C16. CONSTRUCTION OF GRASSED WATERWAYS
Where the Contractor is required to construct a grassed watenruay, the existing watenruay
shall be filled in, regraded, shaped and a seed bed prepared prior to applying the grass
seed and fertilizer. The grass seed shall be fresh, clean and new crop seed, meeting
the requirements of the Seed Act for Canada No. 1 seed and composed of the following
varieties: 45o/o üeeping red fescue; 2oo/o bromegrass; 15% Kentucky Bluegrass; 5%
white clover; 5% birdsfoot trefoil; and 10% perennial ryegrass. A cover crop of mixed
grain or winter rye or wheat is also to be used (2 bushels/acre). Grass seed shall be
applied at the rate of 68 kg/ha (60lbs/acre) and fertilizer shall be a6lplied at the rate of
450 kg/ha (400 lbs/acre). Fertilizer shall be 10-10-10.
C17. RECOMMENDED PRACTICE FOR CONSTRUCTION OF SUBSURFACE
DRAINAGE SYSTEMS
The latest report of the Ontario Farm Drainage Association (O.F.D.A.), Construction
Standard Committee dealing with the construction of Subsurface Drainage Systems,
shall be the guide to all methods and materials to be used in the construction of tile
drains except where superceded by other Specifications of the Contract.
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DIVISION H
SPECIAL PROVISIONS
Grossett Municipal Drain 2010
Township of South-West Oxford
Reference No. 0811
Special provisions means special directions containing requirements peculiar to the work not
adequately provided for by the standard or supplemental Specifications. Special provisions
shall take precedence and govern any standard or supplemental Specifications.
The following special provisions shall apply to this project:
1. The Contractor shall notify the Owners, the Drainage Superintendent and the
Engineer forty-eight (48) hours prior to construction.
2. The Contractor shall verify the location of the new tile drains with the Engineer and
the Owners prior to construction.
3. The working area shall be twenty (20) metres centered on the proposed tile drain.
Each landowner on whose property the drainage works is to be constructed shall
designate access to and from the working area.
4. All utilities shall be located and uncovered in the affected areas by the Contractor
prior to construction.
5. All catch basins shall be precast concrete catch basins (Coldstream Concrete Ltd. or
approved equal). Knockouts shall be provided in the catch basins.
6. The catch basin grate elevations shall be set to the satisfaction of the Engineer.
7. Stone rip-rap protection and geotextile material (Mirafi 180N) shall be placed around
all catch basins as part of this contract.
L All catch basin grates shall be birdcage grates (Coldstream Concrete Ltd. or
approved equal). The grates shall be hot dipped galvanized.
9. All catch basin grates shall be fastened to the new catch basins.
10. All stone rip-rap material shall be quarry stone 150 mm to 300 mm dia. and placed to
a depth of 400 mm.
Notice of Drainage Works from the Township of South - West
Oxford regarding "Crossett Drain - 2010". File: E09
Page 93 of 254
Notice of Drainage Works from the Township of South - West
Oxford regarding "Crossett Drain - 2010". File: E09
Page 94 of 254
Page l2
11. The Contractor shall supply all necessary materials to complete the connections of
any existing drains to the new drain.
12.The Contractor shall be responsible for alltrench settlement.
13. The Contractor shall supply and install catch basin markers beside all catch basins.
14. All concrete tile shall be Heavy-Duty Extra Quality Concrete Drain Tile.
15.The Contractor shall supply and wrap all concrete tile joints with geotextile filter
material as part of this contract.
The width of the filter material should be:
300 mm wide for tile sizes 150 mm diameter to 350 mm diameter.
The filter material shall completely cover the tile joint and shall have a minimum
overlap of 300 mm.
The type of filter material shall be Mirafi 140NC for clay or loam soil conditions and
Mirafi 160N for sandy or silty soil conditions.
16. An approved ditching machine (wheel trencher) shall be used to install the concrete
tile.
17.The Contractorshall strip the topsoil fora width of 1.8 metres centered on the drain
before installing the tile drain. ln deep cuts the Contractor shall strip the topsoil for
the full width of the wheel machine. The topsoil shall be later spread over the
backfilled trench.
18. All High Density Polyethylene (HDPE) Pipe shall have a pipe stiffness of 320 kPa. All
HDPE pipe shall be BOSS 2000 pipe (or equivalent).
19. The Contractor shall supply perforated High Density Poly Ethylene pipe with an
approved filter sock (sta. 0+012 to sta. 0+175). The High Density Poly Ethylene pipe
shall be installed with 300mm of 19mm crushed stone bedding belowthe pipe. The
stone bedding shall be completely wrapped in an approved geotextile filter blanket.
The pipe shall be backfilled to the springline of the pipe with crushed stone.
20. The Contractor shall be paid for the actual lengths of the drain installed by means of
the wheel trencher and by means of a backhoe on stone in accordance with the bid
prices in the scope of work. The Contractor shall strip the topsoil in the locations
where the drain is being installed with a backhoe for the full top width of the trench.
The topsoil shall be later spread over the backfilled trench. .:
Notice of Drainage Works from the Township of South - West
Oxford regarding "Crossett Drain - 2010". File: E09
Page 95 of 254
Notice of Drainage Works from the Township of South - West
Oxford regarding "Crossett Drain - 2010". File: E09
Page 96 of 254
Notice of Drainage Works from the Township of South - West
Oxford regarding "Crossett Drain - 2010". File: E09
Page 97 of 254
Notice of Drainage Works from the Township of South - West
Oxford regarding "Crossett Drain - 2010". File: E09
Page 98 of 254
Notice of Drainage Works from the Township of South - West
Oxford regarding "Crossett Drain - 2010". File: E09
Page 99 of 254
Notice of Drainage Works from the Township of South - West
Oxford regarding "Crossett Drain - 2010". File: E09
Page 100 of 254
I
(/3
To:
Elgin County Council
I note that a proposal to approve our sidewalks in Corinth, Ontario to be plowed on a
regular basses. We have a Good Samaritan that was doing this for us... lt was a great
help to everyone. He was informed by the police that he could no [onger do this without
the support of his township. We the community would like for this to be a legal process
as this keeps our kids safe from having to walk on the roads when they are going to the
bus stop or just for a walk, and as well as makes ít possible for our elderly to be able to
also go for walks. We will get together a petition if needed but we hope that the council
will see the need and vote in favour. We do have drivers that do not think about how
fast they go through Corinth, We do not have a lot of sidewalks here but would like to be
able to use them when we need to. Also if you could vote on a light at the park on Best
Line would also be appreciated as it can be dark down there.
Please inform me of your opinion on this matter.
Sincerely,/¿
û1/*.4-*,þur/r/,4/y' /
Chyrlynn Chilcott
(11253 George street in Corinth)
RR4 Aylmer ,Ontario
N5H 2R3
Correspondence received February 23, 2010 from Chyrlynn
Chilcott regarding "plowing of sidewalks in Corinth" and request
Page 101 of 254
7
L-
$nCotrnty
February 19,2010
Mayor Lynn Acre
Members of Bayham Council
Municipality of Bayham
9344 Plank Road
P.O. Box 160
Straffordville, ON
NOJ 1YO
Dear Mayor Acre and Councillors:
Please be advised that Elgin County Council, at its February 1 6,2010 meeting,
approved the designation of a reduced speed zone along Culloden Road from Eden
Line, north for 400m.
Enclosed please find a copy of By-Law No. 10-03. The by-law comes into effect when
signage is erected.
lf you have any questions or comments, please direct them to the County's Director of
Engineering Services, Clayton Watters, at extension 117.
Susan McConnell
Administrative Services Coordinator
*Encl.
cc C. Watters
County of Elgln
Administ¡atlve Services
450 Sunset Dr¡ve
St.Thomas,0n N5RSV1
Phone: 519-631-1460
www.elgin-cou nty.on.ca
Progressive by Nature
Correspondence dated February 19, 2010 from County of Elgin
regarding "reduced speed zone along Culloden Road ". File: T07
Page 102 of 254
COUNTY OF ELGIN
By-Law No.l0-03
WHEREAS pursuant to Section 128, Subsection 2, of the Highway Traffic Act, being
Chapter H.8, R.S.O. 1990, as amended, the council of a municipality may by by-law
prescribe a different rate of speed for motor vehicles driven on a highway or portion of a
highway under its jurisdiction than is prescribed in Section 128, Subsection 1 (a); and
WHEREAS the County of Elgin did pass By-Law No. 05-35 prescribing different
rates of speed for motor vehicles on certain highways under its jurisdiction; and
WHEREAS it is deemed expedient to amend said By-Law to prescribe a different
rate of speed on cedain highways under its jurisdiction.
NOW THEREFORE the Municipal Council of the Corporation of the County of Elgin
enacts as follows:
1. THAT a maximum rate of speed of 50 km/hr be established for a section of
Belmont Road (County Road 74) - from 850 metres north of Talbot Line in the
Municipality of Central Elgin; and,
THAT a maximum rate of speed of 50 km/hr be established for a section of
Culloden Road (County Road 46) - from 400 metres north of the northem
property limits of Eden Line on Culloden Road in Bayham Township.
2. THAT the penalties provided in Sectíon 128, Subsection 14, of the Highway Traffic
Act, shall apply to offences against this By-Law.
3. THAT this ByJaw becomes effective once signage setting out the speed limit has
been duly posted.
RE{D A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 16th DAY OF
FEBRUARY 2010.
Correspondence dated February 19, 2010 from County of Elgin
regarding "reduced speed zone along Culloden Road ". File: T07
Page 103 of 254
Municipatity of Bayham
Building Permits
For The Month of January 2010
D¡te:Feb-02-2010
File: PlO
No.Date Roll #Permlt
Ilolder
Property Descrlptlon Buildlng
Tvpe
Value Permit
Fee
Septic /Sewer
FeeI5-Jan 2-001-40900 Gardner. Rov 5 Chatham Sheet nsfall utilitv ehed 2Rlcn â 2.000 75.0f)I l-Jan )-005-05801 Neufeld. Pete i4304 Eden Line dernolish existing kitchen, add kitchen 946sq ft 65.000 660.0(
3 3-Jan l-001 - l9536snlit Wiebe, Heinrich 14 Centre Sheet constnrct roofed over deck 2l6sq ft 2,000 249.0C
4 8-Jan l-005-05801 Froese. John i4304 Eden Line replace existint septic tank 2,00c 250.0(
5 9-Jan )-003-05301 Max Underhill Farm Suoolv í6532 Calton Line construct bulk seed storage bin 400sq ft 355-00(2915.0(
6 20-Ian ¿-00r-01208 Rastel. Helmut l9 Elizabeth Steet construct raised balcony deck 77so ft 4,00(75.O(
Ianuary-10 430.000 3,974.00 250.0(
2O1O YEAR TO DATE 430.000 3.974.00 250.0t
January-09 8.00(315.00 0.00
2OO9 YEARTO DATE t.00(315.00 0.00
sM3/l/2olo Prepæed by:
excel\monthly\buildper
Reviewed by:
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Municipality of Bayham
Building Permits
For The Month of February 2010 File: PlO
Mar-02-2010
No.Date Roll #Permit
Holdcr
Properfy Descrlptlon Building
Tvoe
Value Permit
Fee
Septic /Sewer
Fee
7 l2-Feb 2-00r-33600 Colwell, Archie 16 Wellington Street interior renovations to boardins house l000so ft 4,000 107.0(
8 24-Feb 2-001-32900 Legg, Francis 12 Wellington Steet lernolish existing house 5,000 75.0(
Febru¡rv-l0 9.000 182.00 0.0(
¿O1O YEAR TO DÄTE 439.000 4.156.00 250.0(
Februarv-O9 40.00(1-140.00 0.0(
2OO9 YEARTO DATE 48.00(1.455.00 0.0(
Prepared by:sM3/l/2010
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Reviewed by:
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Flom : Trinity Anglican [mailto : trinlu ke@amtelecom. net]
Sent: Wednesday, February 24,20L0 11:16 AM
To: Lynda Millard
Subjecü Burn Permit for Sunrise Easter Service on the East Beach
Hello Lynda:
Trinity Anglican Church in Port Burwell requests a Burn Permit for a contained Camp Fire type
burn on the East beach near the Handicap Platform. This fire is part of our Easter Sunrise
Service which will be held on April 4lh,2O1O, at 7:00 am.
I have contacted Sheila Ryckman of Aon Reed Stenhouse lnc. our insurance broker to forward to
you the required insurance information similar to past practice.
I hope this request is satisfactory to the municipal requirements. Should you require more
information I can be contacted by return email or by calling 519-874-4106 or 519-8744708.
Thank you for your assistance in this matter.
Fred Shelly, Treasurer
Email correspondence dated February 24, 2010 from Fred Shelly,
Treasurer, Trinity Anglican Church requesting "Permission for
Page 106 of 254
Ref. No. 32000612231!
Aon Reed Stenhouse lnc.
255 Queens Avenue
One l¡ndon Place
Sulte 1400
LondonON NOASRStel 5194ì3-3441 fax 519433.3853
Municlpalþ of Bayham
Attention : Linda Millard
P. 0. Box 160, 9314 Plank Road
Straffordville, ON NllJ 1Y0
Re Evidence of lnsurance
Trinlty Anglican Church
Port Buruell,Onlario
East Beach -April 4, æf 0
lnsurance as descdbed herein has been anaçed on behalf of ûre lnsured named herein under lhe folloring pdicy(les) and æ moe fully dæcribed
by the terms, oonditions, exdusions and povisims contained in the said policy(iæ) and any endorsernenls attaded theruto.
lnsured
The lncorporated Synod of The Diocese Of Huron And
The Padshes Within The Dioæse
Diocese Office Building
190 Quæns Avenue
London, ON N6A 6H7
Goverage
Commercial General Liability lnturer Aviva lnsuranæ Company of Canda
CERTIFICATE OF INSURANCE
Policy#81414539
Efiecllve 3lÐe42009 Erp¡ry 31-Dec-2010
Llmlb ol Liabiflty Bodily lnJury & P¡op€rty Damage, Each 0æunence $5,000,000
Tenant's Legal Llability -All Risks $5,fi)0,000
Policy may be subjed to a çnenl aggregate ard ofher aggregatæ where appliøble
THIS CERTIFICATE CONSTIruTES A STATEMENT OF THE FACTS AS OF THE DATE OF ISSUAIICE AND ARE SO
REPRESENTED AND WARRANTED ONLY TO THE INSURED. OTHER PERSONS RELYING ON THIS CERTIFICATE DO SO
ATTHEIROWN RISK.
Dated: 24-February-2010
lssued By:
Tel:
THE POLICY CONTAINS A CLAUSE THAT MAY LIMIT THE AMOUNT PAYABLE
OR, IN THE GASE OF AUTOilOBILE IHSURANCE,
THE POLICY GONTAINSA PARTIAL PAYMENT OF LOSS CLAUSE1of1 /lqv
Email correspondence dated February 24, 2010 from Fred Shelly,
Treasurer, Trinity Anglican Church requesting "Permission for
Page 107 of 254
2009.11.27 6.3 9050 MUNICIPALITY OF BAYHAM
Accounts Payable
Royal Bank
Cheque Register - 0210412010
0210412010 3:25PM
lnvoice
Payee Number
lnvoice Cheque Cheque
Date Type Amount Number
OOOO33 AGLINE
1203674 OIL, REI.AY, KIT 01t25t2010 r 735.00 007980
0000,14 ALISARAGGREGATES INC
2OO3/¡O59 WNTER SAND
ChequeAmount- 735.00
01t31t2010 I 4,30s.88 007981
Cheque Amount - 4,305.88
001337 AROUND ABOUT BAYHAM
carbon monoxide CARBON MONOXÍDE AD 0210112010 I 31.50 007982
edison fest SKATEBOARD COMPETITION AD O2lO3l2O10 I 10.87 007982
Cheque Amount - 42.37
OOOOTO ATKINSON, DAVIES INC
0028517 PORT BURWELL WATER PROJEC- 1A31/2009 I 371.70 007983
Cheque Amount - 371.70
001229 AYLMER & AREA CHAMBER
821 ANNUAL MEMBERSHIP 0A0212010 I 175.38 007984
Cheque Amount - 175.38
OO'1231 CENTRAL ELGIN FIRE RESCUE
o37lo9 INSURANCE PREMIUM 1213112009 I 135.05 007985
ChequeAmount- 135.05
OOO.IOO CORPORATE EXPRESS
24351't,t4 LABELS, STAPLERS 0112712010 I 62.12 007986
2435æ27 APPT BOOKS 0112712010 I 11.68 007986
ChequeAmount- 73.80
OOO212 COUNTY OF ELGIN
tN000020034 PoLrcE sERMcEs 12t31t2009 I 2,879.00 007987
Cheque Amount - 2,879.00
001375 CRANBERRYKENNELS
cat quarantine QUARANTINE OF STRAY CAT O2lO2l2O1O I 178.50 007988
Cheque Amount - 178.50
OOO272 DYNAMIC FLUID PRODUCTS INC
l-95775-0 RINGS 0210112010 I 176.72 007989
t-95833-0 RINGS 0112912010 I 24.11 007989
t-95870-0 HYDRAUL|C HOSE REEL, CRtMpS O1t29t20'tÙ I 237.53 007989
f-95884-0 CRIMPS, HOSE 0112912010 I 43.57 007989
Cheque Amount -481.93
OOO334 FASTENALCANADA
ONTIS31752 PARTS
ONTIS31775 PARTS
01t18t2010 I 7.02 007990
01t18t2010 I 817.24 007990
Page 1
Cheque Register being Cheque #7980 to Cheque #8134 inclusive,
totaling $357,560.24 and Payroll Disbursements for the period
Page 108 of 254
Cheque . Cheque
Amount Number
2009.11.27 6.3 9050 MUNICIPALITY OF BAYHAM
Accounts Payable
Royal Bank
Cheque Register - O2l04l2O10
Cheque Amount -
OO1O27 GREEN LEAAGCENTER INC
0000100778 DUST CAP, ADAPTERS o1t28t2010 I
Cheque Amount -
001656 HARMS EXCAVATING LTD
200900239 CLEAN UP BRUSH & TREES 01t25t2010 I
Cheque Amount -
001328 H|-TECH CONTROLS (LONDON)
10423 SEPTAGE RECEIVING PROJECT O1I222O1O 'I
Cheque Amount -
OOO991 HORVATHAUTOPARTS
824.26
27.97
o2t04t2010 3:25PM
007991
007992
27.97
1,890.00
1,890.00
I,148.00 007993
o'v26t20'lo
o21o3t2010
8,1,18.00
33.88 007994
48.55 007994
OOO427 HYDRO ONE NETWORKS INC
197æ7
197877
Jan 0118'l-23005
Jan 1265G9'1004
Jan 1885G12¿f58
Jan 1897144027
Jan 18971-52001
Jan2525ù12302
Jan 2879940004
Jan 4385ù12451
Jan 5025Ç12458
Jan 5645G'12330
Jan 6276G43000
Jan7525ù12272
Jan 87770-2OQ12
Jan 9385G'12278
Jan 93850-910'19
Jan 93970-20342
000217 tBtGROUP
223989
000446 JACKIE BOOTLE
Janl$Febl5/10
GLOVES
IA/RENCHES
CONSULTING FEES
Cheque Amount -82.43
47.93 007995
108.10 007995
160.50 007995
38.99 007995
104.39 007995
4f1.86 007995
428.79 007995
76.51 007995
245.31 00799s
46.68 007995
124.54 007995
63.38 007995
104.53 007995
221.77 007995
77.25 007995
860.65 007995
UTILITIES - INTERP CENTRE
UTILITIES - PUMP#TI
UTILITIES - PB LIBRARY
UTILITIES - METER CHAMBER
UTILITIES - BOOSTER PUMP
UTILITIES - PB OPP
UTILITIES. PUMP# I
UTILITIES - PB CENTEN PARK
UTILITIES - MARINE MUSEUM
UTILITIES - BOAT I.AUNCH
uTtLtTtEs - E.c.c.
UTILITIES. LIGHTHOUSE
UTILITIES - EDISON MUSEUM
UTILITIES - PB FIREHALL
UTILITIES. PUMP#7
uTrLlTtEs - v.c.c.
0112912010
01t29t2010
0112912010
0112912010
01t29t2010
0112912010
ur29t2010
0112912010
0112912010
01t2912010
0112912010
0112912010
0112912010
0112912010
0112912010
01t29t2010
Cheque Amount -
1213112009 I
2,758.18
2,394.22 007996
007997
Cheque Amount -
02t02t2010 I
2,394.22
791.66MANAGER FEES
Cheque Amount -791.66
Page
Cheque Register being Cheque #7980 to Cheque #8134 inclusive,
totaling $357,560.24 and Payroll Disbursements for the period
Page 109 of 254
2009.11.27 6.3 9050 MUNICIPALITY OF BAYHAM
Accounts Payable
Royal Bank
Cheque Register - 0210412010
lnvoice
Payee Number
lnvoice Cheque 'Cheque
Date Type Arnount ,Number
OOO518 KWK KOPY PRINTING
25c/,6 BAYHAM NEWSLETTER
000560 LOVERS ATWORK OFFICE FURNITURE
o2toz2010 r 176.85 007998
Cheque Amount -176.85
250.86 007999
-13.56 007999
100129 SQUARE GLIDES 01t29t2010
8642A RETURN LEGCAPS FORTABLES O2IO3I2O1O
Cheque Amount -
OOO572 MANULIFE FINANCIAL
1006511150
100654466
Cheque Amount -9,250.41
195.00
000610 MINISTER OF FINANCE
8708 FIRE COLLEGE REGISTRATIONS O'II25I2O'IO I 008001
Cheque Amount -
001624 MINISTRY OF FINANCE / MTO
agreement AUTHORIZEDREOUESTORAGRM' O2]OZ2O1O I 2s0.00 008002
Cheque Amount -
O2lO4l201O 3:25PM
I
c
FEBRUARY'IO REMIT
FEBRUARY'10 REMIT
01t2212010
01t22t2010
237.30
5,523.29 008000
3,727.12 008000
195.00
000617 MUDFORD FAMILY FOOD TOVVN
10110501995
101 10503258
1 01 't 0505025
10't 10508714
l0't 10510233
10110510757
10110511140
101r051'1862
10't 10513389
SUPPLIES
SUPPLIES
SUPPLIES
SUPPLIES
SUPPLIES
SUPPLIES
SUPPLIES
SUPPLIES
SUPPLIES
1?,04t2009
12/17/2009
12t1712009
0110412010
0111112010
01113120'to
01t15t2010
0111812010
01t2512010
250.00
11.87 008003
11.87 008003
26.42 008003
7.48 008003
4.49 008003
8.57 008003
4.49 008003
4.49 008003
7.48 008003
Cheque Amount -
000618 MUNICIPAL FINANCE OFFICERS
renewal 2010 MEMBERSHIP RENEWAL 0112612010 I
Cheque Amount -
000647 NORFOLK DISPOSAL SERVICES
129517 GARBAGE DISPOSAL 0113112010 I
Cheque Amourit -
000669 ONTARIO MUNICIPAL WATER ASSOC
2010 membership 2010 MEMBERSHIP
001158 ONTARIO PLUMBING
281.40
35,299.23
87.16
281.40 008004
008005
0080060210212010 I
35,299.23
393.75
Cheque Amount -393.75
Page
Cheque Register being Cheque #7980 to Cheque #8134 inclusive,
totaling $357,560.24 and Payroll Disbursements for the period
Page 110 of 254
2009.11.27 6.3 9050 MUNICIPALITY OF BAYHAM
Accounts Payable
Royal Bank
Cheque Register - 0210412010
103/¡2O1O MEMBERSHIP ül17r201.O r 60.00 008007
Cheque Amount - 60.00
001455 OTTERVIEW MACHINE
1429 SPROCKETS 0112512010 I 57.75 008008
Cheque Amount - 57.75
OOO727 PUROI.ATOR COURIER LTD
407445003 COURTER SERVTCE 0112212010 I 146.23 008009
Cheque Amount - 146.23
001655 RAYTEC RADIANTHEATERS LTD.
15641 BURNER, TUBE, COUPLTNGS 0112212010 I 988.75 008010
ChequeAmount- 988.75
OOO752 RESQTECH SYSTEMS INC
00010368 wAtsT BUCKLE ASSEMBLY 0110812010 I 65.54 008011
ChequeAmount- 65.54
000806 SGSCANADAINC
10401442 LAB FES 01t2612010 I 423.15 008012
o'U26t2010 I 562.80 008012
01126t2010 I 120.75 008012
0112612010 I 'lll.30 008012
0112612010 I 291.90 008012
01t27t2010 I 140.70 008012
0110812010 I '189.88 008014
0111312010 I 214.95 008014
o'vß1'æ10 I 225.82 008014
O2lO4l2O10 3:25PM
't0401444 l-AB FEES
10401445 t-AB FEES
10ø;01446 LAB FEES
10401447 láB FEES
.IO4O2O22 LAB FEES
Cheque Amount - 1,650.60
001657 SIEGFRIED AND MARGARET BLONDEEL
067 REFUND PARTTALZON|NG FEE 1A31t2009 I 650.00 008013
ChequeAmount- 650.00
001482 SUN MEDIA CORPORATION
x1t256342 NOMTNATTONSAD
X11257338 FIRE CHIEF AD
X11257339 AD FOR TREASURER
OOO874 TEAMTRUCKCENTRES
A¿00330096 PARTS
ChequeAmount- 630.65
o2loa2u0 r 1.283.33 008015
Cheque Amount - 1,283.33
OOlOO2 TILLSONBURG FIRE & SAFETY EQUIPMENT
13239 TNSPECT EXTTNGUISHER 0112512010 I 42.00 008016
Cheque Amount - 42.00
OOO9.1O TOWN OF AYLMER
tvco7172 INSPECTIONS - BLDG DEPT 1213112009 I 36s.13 008017
lnvoice
Payee Number
lnvoice Cheque Cheque
Date Tyæ Amount , Number
Page 4
Cheque Register being Cheque #7980 to Cheque #8134 inclusive,
totaling $357,560.24 and Payroll Disbursements for the period
Page 111 of 254
2009.1't.27 6.3 9050
OOO925 TRILLIUM RAILWAY COMPAA¡Y
PCKI591 SIGNALS
OOO932 UNDERHILL FARM SUPPLY LTD
2'13779 COUPLERS
MUNICIPALITY OF BAYHAM 02104120'10 3:25PM
Accounts Payable
Royal Bank
Cheque Register- 0210412010
ChequeAmount- 365.13
0210112010 I 560.98 008018
ChequeAmount- 560.98
o'U2712010 I 38.95 00æ19
Cheque Amount- æ.95
OOO981 WLSON'S LAWN CARE
Dec'09 SNOVIIPLOWING DEC'09 1U31f2OOg I 885.94 008020
ChequeAmount- 885.94
Cheque Run Total - 79,892.28
Page 5
Cheque Register being Cheque #7980 to Cheque #8134 inclusive,
totaling $357,560.24 and Payroll Disbursements for the period
Page 112 of 254
2oos.11.27 6.3 e050 MUNICIPALmV OF BAYHAM 0211012010 1:52PM
Accounts Payable
Royal Bank
Cheque Register - O2l10l2O1O
OOOI14 BOBBUTLER
pay reimbursement NET PAY 0210812010 I 1,466.91 008021
Cheque Amount - 1,466.9'l
Cheque Run Total - '1,¿t66.91
Page 1
Cheque Register being Cheque #7980 to Cheque #8134 inclusive,
totaling $357,560.24 and Payroll Disbursements for the period
Page 113 of 254
lnvoice
Payee Number
lnvoice Cheque Cheque
Date Type Amount Number
001647 1255475 oNTAR|O LTD
2009.11.27 6.3 9050
902560 SUPPLIES
902609 SUPPLTES
MUNICIPALITY OF BAYHAM
Accounts Payable
Royal Bank
Cheque Register - 0211012010
0211012010 2:57PM
Cheque Amount - 31.50
OOOO52 AMTELECOM COMMUNICATIONS
Feb 0060257907 INTERNET - OFFICE 0210112010 I 85.00 008023
Feb 0060341982 INTERNET - EDISON MUSEUM O2lO1l2O1O I 48.25 008023
Feb 0060408229 INTERNET - MARINE MUSEUM 0Z01l2O'lO I 48.25 008023
Feb 0060493387 INTERNET - GARAGE O2lOt2O1O 1 28.30 008023
Feb 519866552'l MONTHLYTELEPHONE O2lO'll2O10 I 1,223.39 008023
Cheque Amount - 1,433.19
OOOO81 AYLMER TIRE
0000062086 REpAtR REARTTRE -TRACTOR 0112912010 I 187.44 008024
0000062101 |NSTALL T|RE O'v3012010 I 31 I .88 008024
Cheque Amount - 499.32
OOOO91 BARRY R. CARD
212012-30 LEGAL SERVICES
212013.30 LEGAL SERVICES
21201+30 LEGALSERVICES
Cheque Amount - 3,056.81
OOO14,I CAIN'S AUTO SALES & SERVICE
7418 LOF, T|RE ROTATE 0110712010 I 63.79 008026
7422 LOF O1t07t2010 I 44.02 008026
7531 REPI-ACE BELT & WATER PUMP 0112712010 I 413.25 008026
ChequeAmount- 521.06
OOO154 CANADIAN KOOLWATER
2-1942 WATER BOTTLES 0110112010 I 58.00 008027
2-1975 WATER BOTTLES 0110112010 I 24.00 008027
2-2033 WATER BOTTLES 0110112010 I 30.00 008027
Cheque Amount - 112.00
OOO156 CANADIAN PIPE & PUMP SUPPLY LTD
T423198 ELBOW pCS WELL CASTNG 02|0U2O1O I 154.99 008028
ChequeAmount- 154.99
OOOIOO CORPORATE EXPRESS
24405013 STAMP PADS, |-ABELS 0210312010 I 85.72 008029
24409605 pApER CLtpS 0210312010 I 24.18 008029
o2/04t2010 I 6.91 008022
ozo4t2010 I 24.59 008022
o210a2010 I 38.33 008025
0210212010 I 38.33 008025
0a02t2010 I 2,980.15 008025
OOO28O EAST END SUPPLY
Cheque Amount -109.90
Page 1
Cheque Register being Cheque #7980 to Cheque #8134 inclusive,
totaling $357,560.24 and Payroll Disbursements for the period
Page 114 of 254
2009.11.27 6.3 9050 MUNICIPALITY OF BAYHAM
Accounts Payable
Royal Bank
Cheque Register - O2l'l0l2O1O
lnvoice
Payee Number
lnvoice Cheque Cheque
Date Type Amount Number
60744 couPLlNGs, DRrvE cHArN 01t25t2010 I 2U.36 008030
Cheque Amount - 2U.36
OOO299 ELGIN PURE WATER
0000155788 MONTHLYRENTALCHARGE 02t01t2010 I 106.58 008031
Cheque Amount- 106.58
OOO334 FASTENALCANADA
oNTls32040 DRTLL BtT O1t2912010 I 23.73 008032
oNTrs32061 PARTS O1t29t2010 I 114.13 008032
Cheque Amount - 137.86
001637 FUTURE ROAD SOLUTIONS INC.
90079 GEOMELT O2tO3t2010 I 2.326.85 008033
Cheque Amount - 2þ2635
OOO357 G& K SERVICES CANADA INC
151812554 SHOP TOV\ELS, FLOOR MATS OAO4|2010 I 178.91 008034
Cheque Amount - 178.94
001258 HENNESSYGIBSON HOGAN
52380 LEGAL SERVTCES 01t29t2010 I 500.66 008035
ChequeAmount- 500.66
001328 HI-TECH CONTROLS (LONDON)
1G033 SEPTAGE RECEIVING
1G034 SEPTAGE RECEIVING
ú2A2UO t 9,763.20 008036
0112812010 I 6,508.80 008036
0110412010 I 16.63 008040
01t07t2010 I 16.43 008040
0110812010 I 12.25 008040
0112512010 I 39.35 008040
02110120'10 2:57PM
Cheque Amount - 16,272.00
OOO427 HYDRO ONE NETWORKS INC
Feb 0657144066 UTILITIES - METER CHAMBER OAOA2O|O I 42.66 008037
Feb 3579543000 UTILITIES - PUMP#6 O2lO3l2O1O I 685.65 008037
Feb 62770-20225 UTILITIES - VIENNA MEM PARK O2lO3l2O1O I 332.02 008037
Cheque Amount - 1,060.33
OOO498 KEN SPROUL
453s SNOWPLOWNG 0113112010 I 2,345.70 008038
Cheque Amount - 2,345.70
OOO5O4 KEVIN KITCHING
course reimburse INCIDENT MANAGEMENT OAOA2UÙ I 229.40 008039
Cheque Amount -229.40
OOO51O KLASSEN AUTO PARTS
146152
146/.57
1-46510
1-47565
IO" EXTENSION
ROCKER, BLADE BOX
ROCKER
GREASE GUN
Page 2
Cheque Register being Cheque #7980 to Cheque #8134 inclusive,
totaling $357,560.24 and Payroll Disbursements for the period
Page 115 of 254
2009.11.27 6.3 9050 MUNICIPALITY OF BAYHAM
Accounts Payable
Royal Bank
Cheque Register - 0211012010
l-47596 MEASURTNG CONTAINER 0112612010 I 7.90 008040
147644 olL, FILTER 0112612010 ! 39.65 008040
Cheque Amount - 132.21
OOO54O LAERDAL MEDICALCANADALTD.
8't141s78 BATTERY PACK 0112612010 I 307.93 008041
Cheque Amount -307.93
OOO235 LIPPERT & WRIGHT FUELS LTD.
0111312010 I 1,948.30 008042
o1to6tio10 I 3,582.99 oo8o42
01to612010 I 667.70 008042
0110612010 I 827.39 008042
0'U081201o I 1,190.M 008042
01t2012010 I 1,859.71 008042
01t20t2010 I 672.01 0080/'2
0112012010 I 1,634.61 008042
0112712010 I 545.94 008042
01t27t2010 I 885.00 008042
7703486
87453
874il
87455
88317
90554
90555
90556
92103
92104
ULS DIESEL
ULS DIESEL
REG C'AS
DIESEL DYED ULSD
ULS DIESEL
ULS DIESEL
DIESEL DYED ULSD
REG GAS
ULS DIESEL
REG GAS
0211012010 2:57PM
Cheque Amount - 13,814.09
000560 LOVERS ATWORK OFFICE FURNITURE
8610A TABLE LEGCAPS 0210112010 I '13.56 008043
Cheque Amount - 13.56
000569 M &LSUPPLY
0000116463 PARTS 0112712010 I 961.94 008044
0000r 16534 CREDIT - FIRE HYDRANT 0112712010 c -326.57 008044
ChequeAmount- 635.37
OOO573 MARC'S GAS BAR & VARIETY
09 '10 GALVANIZED FITTING 0112712010 I 12.08 008045
Cheque Amount - 12.08
000610 MINISTER OF FINANCE
certificate applic LIMITED SUBSYSTEM CERTIFICAT O2l1Ol2O1O I '115.00 008046
wateroperator CERTIFICATION RENEWAL O2l1Ol2O1O I 115.00 008046
Cheque Amount- 230.00
000627 MURRAYS HEATING & AIR
4654 INSTALL TUBE HEATER 0210312010 I 389.71 008047
Cheque Amount - 389.71
001483 PARTSMASTERCANADA
50033010 ELECTRODES 01129120't0 I 300.71 008048
lnvoice Cheque Gheque
Date Type Amount Number
Cheque Amount - 300.71
Page 3
Cheque Register being Cheque #7980 to Cheque #8134 inclusive,
totaling $357,560.24 and Payroll Disbursements for the period
Page 116 of 254
2009j1.27 6.3 9050 MUNICIPALIW OF BAYHAM
Accounts Payable
Royal Bank
Cheque Register - 0211012010
lnvoice
Payee Number
. lnvoice Cheque Cheque
Date Type Amount Number
OOO71O PORT BURWELL HOME HARDWARE
7543 RECYCLE BOXES 0111412010 I 541.95 008049
7545 PINE SOL CLEANER 0111512010 I 7.89 008M9
7555 BRACKETSHELVES 0112012010 I 6.76 008049
7565 LAUNDRY DETERGENT 0112612010 I 8.21 008049
7574 BULB FOR EXIT LIGHT 0112812010 I 2.58 008049
Cheque Amount- 567.39
OOO77O RODGERMARTIN
#1 '.10 K-9 CONTROL JANUARY'1o 0113112010 I 1,207.50 008050
Cheque Amount - 1,207.50
OO.I,I06 SIEMENS WATER TECHNOLOGIES
1041526 BTOXIDE 01t15t2010 I 3,904.'15 00805í
Cheque Amount- 3,904.15
OOO814 SIFTO CANADA INC
721779æ BULK HIGHWAY COARSE 0112912010 I 5,057.63 008052
72178947 COARSE BULK HIGHWAY 0210312010 I 5,461.38 008052
Cheque Amount - 10,519.01
001434 STANTEC CONSULTING LTD.
43í913 RTCHMOND COMMUNTTYWATER 0111412010 I 957.08 008053
Cheque Amount- 957.08
OO.I599 STE\Æ ADAMS
workboots WORKBOOTS O1l23l2O1O I '193.16 008054
Cheque Amount- 193.16
OOO857 STRONGCO EQUIPMENT
006359 CANVAS JACKET 0210812010 I 160.42 008055
Cheque Amount- 1æ.42
OOO93O TSCSTORESL.P.
l81o't6118 HOSE MENDER, ELBOWS 01118120'10 I 13.30 008056
181016274 TEST CAPS, PVC CAPS, PIPE 0112012010 I 77.96 008056
Cheque Amount -91.26
001324 UNDERHILLBROS
87463 SNoWPLOWING o1t28t2010 I 204.76 008057
Cheque Amqunt -204.76
OOO953 VIENNA HOME CENTER LTD
WINDSHIELD WASHER
MAILBOX
KEY CUT
SEWER CAPS
0110412010 I 3.15 008058
0110512010 I 38.40 008058
0110612010 I 2.25 008058
0112012010 I 31.05 008058
0211012010 2:57PM
3r'.7087
347113
347150
347587
Page 4
Cheque Register being Cheque #7980 to Cheque #8134 inclusive,
totaling $357,560.24 and Payroll Disbursements for the period
Page 117 of 254
2009.11.27 6.3 9050
OOO957 VOTH SALES&SERVICE LTD
00001 81 962
0000't81967
00001 8l 972
0000181974
000018'1980
0000182084
0000182085
0000182092
00001821 't 0
0000182124
0000182125
0000182133
MUNICIPALITY OF BAYHAM
Accounts Payable
Royal Bank
Cheque Register - 0211012010
Cheque Amount -
0211012010 2:57PM
FILTERS
ANTIFREEZE
REPLACE DRIVE AXLE SHOES
FILTERS
FILTERS
MIRROR
WNDSHIELD WASHER FLUID
NUT VVI-IEEL
SERVICE CALL & I.ABOUR
PIPES, TIES, DRAIN VALVE
ANTIFREEZE
STARTER
74.85
42.n 008059
84-32 008059
1,814.06 008059
119-77 008059
151.96 008059
13.55 008059
't5.82 008059
7.68 008059
135.32 008059
2,774.74 008059
32.25 008059
310.74 008059
0'U05t2010
0r/06/2010
01t0612010
01/06/2010
o'U0712010
01t2712010
0112712010
0112812010
01t2812010
01t2912010
o'U29t2010
0112912010
Cheque Amount -5,503.1'l
Cheque Run Total -68,579.80
lnvoice
Payee Number
lnvoice Cheque Cheque
Date Type Amount Number
Page
Cheque Register being Cheque #7980 to Cheque #8134 inclusive,
totaling $357,560.24 and Payroll Disbursements for the period
Page 118 of 254
2009.11.27 6.3 9050 MUNICIPALITY OF BAYHAM
Accounts Payable
Royal Bank
Cheque Register - 0211112010
OO.I493 GERRYLEMAY
conference - OGRA OGRA CONFERENCE 0211112010 I 864.93 008060
0211112010 1:51PM
000376 GIBSON BENNETT
file# C0&910 LEGAL SERVICES
OOO71O PORTBURVVELLHOME HARDWARE
SINGLE CUT KEY
ChequeAmount- 864.93
oaoa2uo I 1,610.62 008061
Cheque Amount - 1,018.23
oza92:0'10 I 5.18 008063
Cheque Amount - 1,610.62
OOO427 HYDRO ONE NETWORKS INC
FebOO24G14793 UTILITIES - GARAGE 0210412010 I 1.018.23 008062
ChequeAmount- 5.18
OOO913 TOWNSHIP OF MAI.AHIDE
09{33 NOVEMBER - DEC WATER .09 1A31f2009 I 36,563.58 008064
Cheque Amount - 36,563.58
Cheque Run Total - 40,062.il
Page 1
Cheque Register being Cheque #7980 to Cheque #8134 inclusive,
totaling $357,560.24 and Payroll Disbursements for the period
Page 119 of 254
2009.11.27 6.3 9050 MUNICIPALITY OF BAYHAM
Accounts Payable
Royal Bank
Cheque Register - 02111t201O
lnvoice
Payee Number
lnvoice . Cheque Cheque
Date TYæ Amount ,Number
OOOI95 CLIFF EVANITSKI
conference - ogra OGRA CONFERENCE 0211112010 I 864.93 008065
Cheque Amount - 8e1.93
OOI162 EDKETCHABAW
conference - ogra OGRA CONFERENCE O2l11l2O1O I 864.93 008066
Cheque Amount- 864.93
OOO99I HORVATHAUTOPARTS
197936 VTNYL DECALS 0210512010 I 18.08 008067
197994 PART 0210912010 I 13.56 008067
Cheque Amount - 31.4t
OOO58O MARKTAYLOR
conference - ogra OGRA CONFERENCE OU11|2O10 I 864.93 008068
ChequeAmount- 864.93
OO.116I WAYNE CASIER
conference - ogra OGRA CONFERENCE OU11|2O1O I 864.93 008069
Cheque Amount - 8il.93
Cheque Run Total - 3,491.36
0211112010 3:52PM
Page 1
Cheque Register being Cheque #7980 to Cheque #8134 inclusive,
totaling $357,560.24 and Payroll Disbursements for the period
Page 120 of 254
2009.1'1.27 6.3 9050
OO'1422 LIONS CLUB OF STRAFFORDVILLE
memorial donation BASIL NEVILL - lN MEMORY O2l11l2O1O I 50.00 008070
Cheque Amount - 50.00
Cheque Run Total - 50.00
MUNICIPALITY OF BAYHAM 0211212010 9:264M
Accounts Payable
Royal Bank
Cheque Register - O2l12l2O1O
Page 1
Cheque Register being Cheque #7980 to Cheque #8134 inclusive,
totaling $357,560.24 and Payroll Disbursements for the period
Page 121 of 254
,lnvoice
Date Type
Cheque Cheque
Amount Number
001647 1255475 oNTAR|O LTD
2009.11.27 6.3 9050 MUNICIPALITY OF BAYHAM
Accounts Payable
Royal Bank
Cheque Register - 02fi812010
905431 CHAIR GLIDERTIPS 0211212010 I 14.46 008071
Cheque Amount - 14.46
0016s8 1483310 oNTARTO LTD.
purc*rase DELL TOWER 0210812010 I 371.38 008072
ChequeAmount- 371.38
001367 947428 oNTAR|O tNC
9997 EAVES TROUGH INSTALLED 0111912010 I 199.50 008073
ChequeAmount- 199.50
OOOO75 AYLMEREXPRESS
00001512,18 NOMINATIONS AD 0112912010 I 37.49 008074
Cheque Amount - 37.49
001432 CULLIGAN
81033350515 UNIT RENTAL 0210112010 I 26.20 008075
Cheque Amount - 26.20
OO145I DAVID S. ROSS PUMP SERVICES LTD.
60 PRESSURE TANKS, VALVES 0211512010 I 3,092.41 008076
Cheque Amount - 3,092.41
OOO28O EASTENDSUPPLY
60905 LOCK COLLAR INSERT OAO8|2010 I 38.28 008077
Cheque Amount - 38.28
OOO334 FASTENAL CAI.IADA
ONTIS32O98 CABLE TIES o2t0112010 I 8.81 008078
ChequeAmount- 8.81
001637 FUTURE ROAD SOLUTIONS INC.
90086 GEOMELT 0211012010 I 2,286.05 008079
Cheque Amount - 2,286.05
001603 GERHARD&MARIADYCK
reimburse credit CREDIT ON TAXACCOUNT 02l'162010 I 1,827.10 008080
Cheque Amount - 1,827.10
OO1616 GILLES THERRIEN BACKHOE SERVICE
425 PULL|NG TREES AND BRUSH O1t20t2010 I 3,832.50 008081
Cheque Amount - 3,832.50
OOO427 HYDRO ONE NETWORKS INC
Feb 06460-08880 UTILITIES - STRAF LIBRARY O21OBl2o10 I 208.58 008082
o/oa2010 I 85.39 008082
o2t08t2010 I 380.66 008082
Feb 12660-62007 UTILITIES - MED BLDG
Feb 15773-68016 UTILITIES - PUMP#S
0211812010 3:16PM
Page 1
Cheque Register being Cheque #7980 to Cheque #8134 inclusive,
totaling $357,560.24 and Payroll Disbursements for the period
Page 122 of 254
lnvoÌce Gheque Cheque
Date Ty,pe ' Amount Number
2009j1.27 6.3 9050
Feb 25260-09578 UTILITIES - OFFICE
Feb 5399$93004 UTILITIES - PUMPá¿¿I
Feb 73394-81003 UTILITIES - PUMP#3
Feb 86590-87008 UTILITIES - PUMP#2
Feb 8764G15034 UTILITIES - S.C.C.
MUNICIPALITY OF BAYHAM
Accounts Payable
Royal Bank
Cheque Register - 0211812010
0210a2010 I 436.87 008082
0210912010 I 52.83 008082
Feb 6886&08015 UTILITIES - STRAF FIRE OAO8|2O1O I 2il.16 008082
0210912010 I 75.16 008082
o2lou2010 I 222.86 008082
02t0u2010 I 1,385.87 008082
0112612010 I 356.07 008091
01t2912010 I 22.66 008091
02118120'10 3:16PM
Cheque Amount - 3,102.38
OOO517 KROVVN RUSTCONTROL
5716 T40, SOLUTION 0A0512010 I 162.04 æ8083
Cheque Amount - 162.04
000526 LAEMERS TRUCKING LTD
Jan'09 plowing SNOWPLOWNG 0113112010 I 71985.25 008084
Cheque Amount - 7,985.25
OOO235 LIPPERT & WRIGHT FUELS LTD.
36512 GREASE o2t11t2010 I 41.13 008085
, Cheque Amount - 41.13
000569 M&LSUPPLY
0000116587 LENS FRAME 0112512010 I 150.81 008086
0000116629 DRY F|RE HYDRANT WTH PLUG 0112912010 r 357.81 008086
ChequeAmount- 508.62
001433 MICROCAD COMPUTER CORPORATION
1000006027 GLEANING CARTRIDGE 0211612010 I 23.45 008087
Cheque Amount - 23.45
000610 MINISTER OF FINANCE
application LIMITED SUBSYSTEM APPLICATIC 0U1712010 I 1'15.00 008088
Cheque Amount - 115.00
001484 PELMOREX MEDIA INC.
109337 WEATHER FORECAST 0113112010 I 315.00 008089
ChequeAmount- 315.00
OOO7O4 PETERS PLUMBING
839 REPAIRS TO TOILET - S.C.C. 0210412010 I 68.25 008090
Cheque Amount - 68.25
OOO716 PRAXAIR DISTRIBUTION
08355974 OXYGEN, ACETYLENE
08395358 CYLINDER RENTAL
Cheque Arnount - 378.73
OOO727 PUROTATOR COURIER LTD
407513442 COURIER SERVICE 0112912010 I 18.42 008092
Page 2
Cheque Register being Cheque #7980 to Cheque #8134 inclusive,
totaling $357,560.24 and Payroll Disbursements for the period
Page 123 of 254
2009.11.27 6.3 9050 MUNICIPALITY OF BAYHAM
Accounts Payable
Royal Bank
Cheque Register - 0211812010
lnvoice
Payee Number
lnvoice Cheque Cheque
Date Type Amount Number
407582197 COURTER SERVICE 02t051201o I 61.47 008092
ChequeAmount- 79.89
OOO737 RAMONA PEIDL
2372370 JAN'09 CLEANING 0113112010 I 940.00 008093
23737'l JAN'09 CLEANING - V.C.C. O1ß1ncl0 I 7@.00 008093
237372 JAN',og CLEANING - S.C.C. 01131120',10 I 494.00 008093
Cheque Amount - 2,1U.OO
OOO743 RBCROYALBANK
45'16 O5OOOO954119Feb AMCTO MEMBERSHIP O'll29l2O1O I 325.50 008094
45160500 009541'lgFebAMCTO MEMBERSHIP 0112912010 I 346.50 008094
451605000095 41l9Feb OGRA CONFERENCE O2lOSl2OlO I 2,289.00 008094
Feb 4516050000954101 O\ÆRL|M|T FEE O2l08l2O1O I 20.00 008094
Feb 4516050000954119 MOE - HWIN WEB 0112812010 I 55.00 008094.
Feb 45160500009g176 BLDG CODE BINDER SUBSCRIPT 0111212010 I 78.75 008094
Feb4516 050000954119 AMCTO MEMBERSHIP O1l29l2O1O I 346.50 008094
FeM5160500 00954101 ANNUAL FEE O2l01l2O1O I 12'OO 008094
Feb45160500 00954119 OGRACONFERENCE 0112812010 I 803.25 008094
Feb45160500 00954176 MOE - WATERMASTE CERT 0'{,10612010 I 75.00 008094
FeM51605000095 4101 AMCTO MEMBERSHIP 0112912010 I 346.50 008094
Feb451605000095 4119 OGRACONFERENCE 0112812010 I 803.25 008094
FeM5160500@95 4176 DOMAIN REGISTRATION 0110712010 I 15.70 008094
Cheque Amount - 5,5'16.95
OOO745 RECEI\ÆR GENERAL FOR CANADA
RADTO LTCENCE RENEWAL 0113012010 I 393.00 008095
RAD|O LICENCE RENEWAL 0113012010 I 1,083.00 008095
RADTO LTCENCE RENEWAL 0113012010 I 714.00 008095
Cheque Amount - 2,190.00
000660 RELIANCE HOME COMFORT
0066310304721018Feb UNIT RENTAL - E.C.C.o2t0812010 I 28.88 008096
Cheque Amount - 28.88
OOOSOI SCOTTKRISTENSEN
reimburse SURVIVOR UNIT BANK CHARGER O2lOgl2OlO I 281.37 008097
Cheque Amount - 281.37
OOO814 SIFTO CANADA INC
72179986 BULKCOARSE HIGHWAY 0zrc12010 I 5,371.88 008098
Cheque Amount - 5,371.88
001272 TAKMECHANICAL
883 01t2512010 I 204.75 008099
O2l18l2O1O 3:16PM
0038180
0038659
0038787
EXTEND VENT - V.C.C.
Page 3
Cheque Register being Cheque #7980 to Cheque #8134 inclusive,
totaling $357,560.24 and Payroll Disbursements for the period
Page 124 of 254
lnvoice
Payee Number
lnvoicæ
Date Type
Cheque Cheque
Amount Number
2009j1.27 6.3 9050
OOO9IO TOWNOFAYLMER
IVCO72O8 IMS COURSE
MUNÍCIPALITY OF BAYHAM
Accounts Payable
Royal Bank
Cheque Register - 02Í1812010
Cheque Amount -
0211812010 3:16PM
001418 TELUS
015894762019 DOLI.AR POOL SAVINGS
LATE PAYMENTCHARGE01s894762019'
01589476201912005876 CELL PHONE - P GROENE\ÆLD
015894762019/6171156 CELL PHONE - G LEMAY
015894762019/6197656 CELL PHONE - A SWANCE
0I5894762019/6365709 CELL PHONE. PB FIRE DEPT
015894762019/6365787 CELL PHONE - ROADS DEPT 1
0158947620.19/6366178 CELL PHONE - STRAF FIRE DEPT
015894762019/6366198 CELL PHONE. E BRADFIELD
015894762019/6366368 CELL PHONE - E ROLOSON
015894762019/6369464 CELL PHONE - K KRUGER
o't589476201916689955 CELL PHONE - B BUTLER
015894762019/9021249 CELL PHONE - ROADS DEPT 2
016242498017 PREMOUS CHARGES
016242498017 1234W't 4 MOBILE HIGH SPEED
016242498017t6366069 CELL PHONE - B KNIFTON
016242498017 16780758 MOBILE HIGH SPEED
01 6242498017 167 817 43 MOBI LE HIGH SPEED
OOO888 THORNTON'S LOCKWORKS
09706 RECALIBRATEFRONTDOOR
o'U2712010
0112712010
0'12712010
01t2712010
0112712010
o'U27t2010
01t27t2010
01t27t2010
01t27t2010
01t27t2010
01t27t2010
01t27t2010
0112712010
0210512010
0210512010
02t0512010
0210512010
02t05t2010
204.75
-190.20 008100
12.96 008100
62.55 008100
41.75 008100
69.75 008100
. 44.86 008100
46.67 008100
44.86 008100
331.91 008100
111.11 008100
52.49 008'100
52.04 008100
44-86 008100
64.24 008100
41.76 008100
æ.07 008100
41.76 008100
41.76 008100
c
I
I
I
I
I
'l
I
I
I
I
I
I
I
I
I
I
I
Cheque Amount -
02t10t201o I
979.20
115.50 00810'l
Cheque Amount -
oa0ü2010 I
I 15.50
800.00 008102
008103
008103
0081 04
008104
Cheque Amount -
oaßt2010
02t10t2010
800.00
2W.07
546.00
001324 UNDERHILLBROS
87465
87467
OOO935 UNION GAS LIMITED
Feb27321061969754
Feb27321062430725
SNOWPLOWNG
SNOWPLOWING
UTILITIES. E.C.C.
UTILITIES - PUMP#I
Cheque Amount -
0211512010
02t1012010
836.07
458.91
21.17
Cheque Amount -480.08
Cheque Run Total -43,452.60
Page
Cheque Register being Cheque #7980 to Cheque #8134 inclusive,
totaling $357,560.24 and Payroll Disbursements for the period
Page 125 of 254
2009.11.27 6.3 g)50
OOO743 RBCROYALBANK
Feb45160500 00954168 ANNUAL FEE
FeM51 605000095 41 68 INTEREST
MUNIC|PALITY OF BAYHAM O2l18l2O1O 3:43PM
Accounts Payable
Royal Bank
Cheque Register- 0211812010
oauf2010 I 12.00 008105
0210512010 I 5.55 008105
Cheque Amount- 17.55
Cheque Run Total - 17.55
Page 1
Cheque Register being Cheque #7980 to Cheque #8134 inclusive,
totaling $357,560.24 and Payroll Disbursements for the period
Page 126 of 254
. lnvoice Cheque Cheque
Date . Type Amount Number -
2009.11.27 6.3 9050
OO'1471 BLUEWAVE ENERGY
40923373269149 orL
OOO189 CITYTREASURER
91517
MUNICIPALITY OF BAYHAM
Accounts Payable
Royal Bank
Cheque Register - 0212612010
oa2a2010 r 1,860.80 008106
. ChequeArnount- 1,860.80
coNFtNED SPACE AWARENESS OAß12010 I 200.00 008,107
0212612010 11:164M
ChequeAmount- 200.00
OOO212 COUNTY OF ELGIN
tN000020615 poltcE SERV|CES FEB'10 0211512010 I 59,579.43 008108
tNoooo2o622 911EMERGENCYSERVICES2o1o Oìr¡DO'IO I 3,708.59 oO'8108
Cheque Amount - 63,2æ.02
OOO272 DYNAMIC FLUID PRODUCTS INC
t-9648S0 HYDRAULIC HOSE O2t2U2A1o I 180.64 oo81o9
l-96552-0 PLUGS, CRIMPS, HOSE 0212412010 I 183.94 008109
Cheque Amount - 364.58
OOO334 FASTENALCANADA
oNTts32283 PARTS 0210912010 I ',191.90 008110
Cheque Amount- 191.90
001637 FUTURE ROAD SOLUTIONS INC.
90096 GEOMELT S30 0z2u2010 I 2,050.44 008111
Cheque Amount - 2,050.44
000367 GENERAL CHEMICAL
90304094 ALUM SULFATE oao3l2010 I 577.23 008'112
Cheque Amount - 577.23
000376 GIBSON BENNETT
file#S091239 LEGAL SERVICES 0A1612010 I 721.76 008113
Cheque Amount - 721.76
000416 HETEK SOLUTIONS INC
tNV31559 oN-SITE CALIBRATION O2lO2nO10 I 446.35 008114
ChequeAmount- 446.35
OOO991 HORVATH AUTO PARTS
198299 LUBRICANT, GLOVES, LIGHT 0a2412010 I 207.56 008115
198300 WASHER FLUID 0A2412010 I 20.U 008115
Cheque Amount - 228.40
OOO427 HYDRO ONE NETWORKS INC
Feb 25390-07266 UTILITIES - VIENNA STL OA172O1O I 563.79 0081 16
Feb 2539G55002 UTILITIES - PB HWY l9 STL OA172O1O I 1 ,661 .54 0081 16
Feb 5022'145009 UTILITIES - SEWAGE PLANT O2l18l2O1O I 5,613.08 008116
Feb 6239G22001 UTILITIES - STRAF STL O2l17l2O1O I 1,045.46 008116
Page 1
Cheque Register being Cheque #7980 to Cheque #8134 inclusive,
totaling $357,560.24 and Payroll Disbursements for the period
Page 127 of 254
Cheque Cheque
Amount , Number :
2009.1 1.27 6.3 9050 MUNICIPALITY OF BAYHAM
Accounts Payable
Royal Bank
Cheque Register - 0212612010
Feb 6279G07266 UTILITIES - RICHMOND STL 0A17/2010 I 186.68 008116
Feb 81590{7297 UTILITIES - EDEN STL OU17l201o I 557.13 008116
Feb 87790{7295 UTILITIES - CORINTH STL OAfl2010 I 233.98 008116
Cheque tuhount - 9,861.66
000446 JACKIEBOOTLE
Febl5''|O-Marl5'10 MANAGERFEES 0a25t2010 I 791.66 008117
Cheque Amount -791.66
OOO513 KOOLEN ELECTRIC
1il06 LIGHTING REPAIR - LIBMRY O211U2010 I 193.89 008118
1UO7 TNSTALL FLORESECENT FTXTURE 0211812010 I 181.19 008118
ChequeAmount- 375.08
OOO5I9 KYLE KRUGER
reimburse expenses STAFF APPRECIATION DINNER 02122;,2010 I 94.83 0081l9
Cheque Amount- 94.83
OOO572 MANULIFE FINANCIAL
100660370 MARCH'1o REMIT 0A1U2010 I 4,516.04 008120
100660470 MARCH'1o REMIr 0'/1A2010 I 3,688.43 008120
Cheque Amount - 8,2M.47
000633 !.¡ATURAL RESOURCE GAS LIMITED
E1278{1Feb UTILITIES - FIREHALL OZ1A2O10 I 870.94 008121
8142'l241Feb UTILITIES - MED BLDG OZ\A2O1O I 349.89 008121
E2238G01 Feb UTILITIES - PUMP#S 0211812010 I 14.29 008121
E242OO41Feb UTILITIES - S.C.C. OZ|A^UO I 836-92 008121
E4540741 Feb UTILITIES - OFFICE 0211812010 I 516.41 008121
E45409-01 Feb UTILIÏES - PUMP#2 02t18t2010 I 23.92 I OO81Z1
E454104'1 Feb UTILITIES - LIBRARY O2l18l2O1O I 1'14.09 008121
E51600{1 Feb UTILITIES - GAR/{GE 0211812010 I 2,731.56 008'121
Cheque Amount - 5,458.02
0006s8 oMERS
04100 Jan'10 JANUARY'10 REMIT 0113112010 I 10,265.12 008122
Cheque Amount - 10,265J2
000679 OXFORD SAND & GRAVEL LTD
tN00107798 PREM|UM COLD MX COARSE 0211612010 I 805.13 008123
ChequeAmount- 805.13
OOO727 PUROLATOR COURIER LTD
407650629 COURIER SERVICE 0211212010 I 25.70 008124
0212612010 11:164M
OOO732 R & R INSTRUMENTATION SERVICES
Cheque Amount -25.70
Page 2
Cheque Register being Cheque #7980 to Cheque #8134 inclusive,
totaling $357,560.24 and Payroll Disbursements for the period
Page 128 of 254
Cheque Cheque
Amount ' ,Number
2009.11.27 6.3 9050 MUNICIPALIry OF BAYHAM
Accounts Payable
Royal Bank
Cheque Register - 0212612010
0212612010 11:164M
2958 MARINE MUSEUM FURNACE MTC 02]1212010 I 141.49 OO8I25
Cheque Amount - 141.49
OOO742 RBC LIFE INSURANCE COMPANY
21842Jan'10 JANUARY'1O REMIT 02J2512010 I 68.15 008126
ChequeAmount- 68.15
OOO8I4 SIFTO CANADA INC
72180756 BULK HTGHWAY COARSE 0A16t2010 I 5,336.22 008127
Cheque Amount - 5,336.22
OOO829 SPECTRUM COMMUNICATIONS LTD
0000506947 HOLTDAY FEE - NEWYEARS DAY OA15t20'tO I 10.50 008128
0000507215 ANSWERING SERVICE 02t15t2010 I U.70 008128
Cheque Amount - 95.20
OOO857 STRONGCO EQUIPMENT
010965 otL, FLUTD 02119t2010 I 294.22 008129
010966 otL 02t't9t2010 I 11.90 008129
Cheque Amount - 306J2
OOO913 TOWNSHIP OF MAI.AHIDE
09-036 CORRECTION ON NOV DEC BlLLlf\ 1A31P0O9 I 2,148.46 008130
Cheque Amount - 2,148.46
OOO942 VALLEY BI.ADES LIMITED
135356 SNOW BLADE, SECTTONAL OA17PO10 t 2,U7.59 008131
OOO954 VIKING CIVES LTD
2621021
Cheque Amount - 2,647.59
DRIVE SHAFT, SPROCKETBELT O/1A2O1O I 220.12 008132
Cheque Amount - 220Í2
001216 WATSON & ASSOCTATES
16332 PSAB & ASSET MANAGEMENT O1l3'v2010 I 1,370.51 008133
Cheque Amount - 1,370.51
000986 WORKPLACE SAFETY & INSURANCE
1625314 Jan'09 JANUARY'09 REMIT 0111612010 I 2,402.19 008134
Cheque Amount - 2,402J9
Cheque Run Total - 120,547.20
Page 3
Cheque Register being Cheque #7980 to Cheque #8134 inclusive,
totaling $357,560.24 and Payroll Disbursements for the period
Page 129 of 254
?
Mr. David Cryderman, Secretary-Treasurer
Elgin County Plowmen's Association
114 Dutterin Street,
Aylmer ON NsH 382
February 22,2010
Municipality of Bayham
Mr. Kyle Kruger, Administrator
P.O.Box 160, 9344 Plank Road
Straffordville ON NOJ 1Y0
Dear Council Members:
On behalf of the Elgin County Plowmen's Association, I wish to thank you for the grant
of $200.00 which you provided for our 2009 Match.
We are again requesting a grant of $200 from the Municipality of Bayham to assist us
to carry on with the Elgin County Plowing Match to be held on August 7th,2010 at the
Allen Millmanfamilyfarm justwestof thevillageof Sparta.Althoughthisyearthe2_010
f nternational Ptowing Match will be held in Elgin County from September 21"1to 25th, it is
important that our local match continues in order to showcase agriculture in our own
community.
This yearly county wide event draws participants and spectators from not only Elgin
Gounty, but from surrounding counties as well. Approximately 1000 people attend our
Match each year and we are noted for our unique minitented city.
We hope that we can once more count on your support.
Yours sincerely,
'i r I,.i í".i ì
¡.=i'¡ 1Ûlt
rí üF'"iíti,ril,{ilì
Correspondence received February 23, 2009 from Elgin County
Plowmen's Association requesting financial assistance with the
Page 130 of 254
.l
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
STAFF REPORT
TO: Mayor & Members of Council DATE: February16,20l0
FROM: Lynda Millard, Clerk FILE: L / 2'
SUBJECT: Civil Marriage Officiant Services NUMBER: C2010-03
PURPOSE
This report is provided to recommend the appointment of persons to conduct local civil marriage
officiant services.
BACKGROT]ND
At the September 17109 meeting, Council directed staffto take the necessary actions to put the
services of Civil Marriage Officiant in place.
On September 29, 2009, Ms. Marion Rogers and I attended at a Civil Marriages Solemnization
Training workshop at the Township of Woolwich municipal building in Elmira.
Through the session it was deerned expedient that alternate ¿urangements to provide backup
services be put in place.
STAFF COMMENTS
Staffhas been in contact with Mr. Jack C. Wharram Jr. who provides marriage officiant services
for the Township of South-West Oxford. He has experience and is authorized to perform both
religious and civil marriages services. Mr. Whanam is agreeable to provide the backup services
for Ms. Rogers should the need arise.
In reference to legislation, municipal clerks have been delegated the authority to perform civil
marriages under the Marriage Act, and further,mãy delegate that power to another person
pursuant to Section 228(4) of the Municipal Act.
As Council is supportive of implementing marriage solemnization services in the Municipality,
members are requested to direct the implementation of civil marriage solemnization services
under Regulation 285104 (amending Reg 738) and the Marriage Act and support the clerk in
delegating her authority to appoint Ms. Marion Rogers and Mr. Jack Wharram to conduct such
services.
Draft agreements have been prepared and are supported by both Ms. Rogers and Mr. Wharram.
The authorizingby-laws and agreements address the concerns raised in the previous report.
Strategic Plan Goals: Goal # 3 Create a positive business atmosphere
Goal # 4 Be dedicated to service excellence
Goal # 6 Provide and encourage attractive lifestyle choices
Staff Report C2010-03 regarding Civil Marriage Officiant
Services. File: L12
Page 131 of 254
Report C2010-03 -2-
RECOMMENDATION
*TIfAT Staff Report C2010-03 be received;
TIIAT By-law 2010-017, being a by-law to authorize civil marriage solemnization services
in the Municipality of Bayham, be presented to Council for enactment;
THAT 2010-018, being a by-law to authorize the execution of an agreement with Marion F.
Rogers for the provision of marriage officiant services, be presented to Council for
enactment;
AND THAT By-law 2010-019, being a by-law to authorize the execution of an agreement
with Jack C. Wharram Jr. for the provision of marriage officiant services be presented to
Council for enactment.t'
Respectfully submitted Reviewed by
Attachs: By-law 2010-077
ByJaw 2010-018
By-law 2010-019
Authorizing Civil Marriage Solernnization Services
Authorize Execution of Employment Agreement (Rogers)
Authorize Execution of Employment Agreement (Wharram)
da Millard, Clerk
Staff Report C2010-03 regarding Civil Marriage Officiant
Services. File: L12
Page 132 of 254
THE CORPORATION OF THE MT]NICIPALITY OF BAYHAM
BY.LAW NTJMBER 2OO9-017
Being a By-law to Authorize Civil Marriage Solemnization Services
WHEREAS Ontario Regulation 285104 provides the Clerk or designate of a local municipality
with the authority to solemnize marriages under the authority of a licence;
AND \üHEREAS the Council of the Corporation of the Municipality of Bayham considers it
desirable to have civil marriage solemnization services performed;
NOW THEREFORE the Council of The Corporation of the Municþality of Bayham enacts the
following as follows:
1. That Council for the Corporation of the Municþality of Bayham hereby directs that the civil
marriage solemnization services be implønented within the province of Ontario;
2. That Council for the Corporation of the Municipality of Bayham recognizes that Lynda A.
Millard, is authorized to solemnize marnages for as long as she holds the position of Clerk,
as set out under Ontario Regulation 285104 and the Marriage Act, R.S.O. 1990, Chapter M.
3 for the Province of Ontario;
3. That Council of the Corporation of the Municipality of Bayham does hereby further support
the Clerk delegating the authority to perform civil marriage solønnization services to Marion
F. Rogers and to Jack C. Wharram Jr. as provided for under the Municipal Act 2001,
S.O.2001, c25 Section 228 (4) & (5);
4. That effective with the date of passage of this by-law, Marion F. Rogers is hereby authorized
to solemnize civil marriages as long she holds the position of Marriage Officiant at the
Municipality of Bayham;
5. That effective with the date of passage of this by-law, Jack C. Wharram Jr. is hereby
authorized to solemnize civil marriages as long he holds the position of Marriage Officiant at
the Municipality of Bayham;
6. That Schedule 'A' detailing fee structures for services form part of this by-law and be part of
the Municipality of Bayham Rates and Fees By-law 2005-702;
7. That Schedule 'B' detailing guidelines for services form part of this by-law and;
8. That By-law No. 2009- 017 shall come into full force and effect upon final passage.
READ a first, second and third time and finally passed this 4th day of March 2010.
Mayor Lynn Acre
Clerk Lynda Millard
Staff Report C2010-03 regarding Civil Marriage Officiant
Services. File: L12
Page 133 of 254
The Corporation of the Municipality of Bayham By-law No. 2010-017
Page 2 of5
SCHEDULE'A'- FEES (ByJaw 2005-102)
Civil Marriage S olemn ization S ervices
Civil Marriage Ceremony
Ceremony Ín the Municipality of Bayham
o in Council Chambers during Municipality of Bayham Business Hours
(Wednesday 1:00pm-3:00pm - $250.00
r outside Council Chambers $250.00
Ceremony outside the Municipalify of Bayham
o services outside boundaries of Bayham - $250.00 (plus mileage outside the
boundaries of Bayham will be charged at arate of $0.45 per
kilometre)
A 8100 non-refundable deoosit ís included ín the above-fees
Rehearsal Fee
. $75.00
Renewal of Vows
o $75.00
Please Note:
All persons using a municþal facility must provide a "certificate of insurance" in the minimum
amount of $1,000,000 coverage for the duration of this function. The "certificate of insurance"
naming the Municipality of Bayham as the certificate holder, must be presented to the Marriage
Officiant a minimum of five (5) business days prior to the ceremony date.
Additional rental fees apply to the Community Centre facilities in Vienna and Straffordville, as
applicable. Bookings for these facilities will need to be made through the Community Centres
Managers.
Staff Report C2010-03 regarding Civil Marriage Officiant
Services. File: L12
Page 134 of 254
The Corporation of the Municipality of Bayham By-law No. 2010-017
Page 3 of5
SCHEDULE'B'- GUIDELINES
For the Provision of
Civil Marriage Ceremonies
1. Ceremonies will be conducted by appointed officiants of thg Municipality of
Bayham. Ceremonies can take place at either:
(a) the Municipality of Bayham, Municipal Office Council Chambers
g344PlankRoad, Straffordville, ON NOJ 1Y0
(subject to its availability during regular working hours), or
(b) at an agreed upon location and time within the province of Ontario depending
upon availability of the officiant.
2. Fee: cash or money order to be paid to the Municipality of Bayham a
minimum of five (5) business days prior to the ceremony date
. $250.00 for ceremony held in the Council Chambers
. $250.00 all other locations (mileage outside the boundaries of Bayham
only will be charged at arate of $0.45 per kilometre)
A $100.00 non-refundable de,posit is included in the above fees
o Rehearsal Fee $75.00
o Ceremonial Renewal of Vows $75.00
3. A request for a civil ceremony is to be received at least seven business
days prior to the date of the ceromony.
4. An agreed-upon civil marriage ceremony, incorporating all mandatory
declarations under the Marriage Act, R.S.O., 1990 will be used at all
civil marriages. The ceremonywill take approximately 15 minutes.
Plan to arrive at least 30 minutes prior to the ceremony to allow time
to review final details.
5. Changes to date andlor time are allowed at no additional charge provided that the
location and an officiant are available. No refund will be issued if the ceremony
is cancelled on the day of the ceremony, or the applicant(s) and witnesses do not
show up for the ceremony.
6. Pre-ceremonymeeting (approximately 30 minutes)
o To be scheduled a minimum of five business days prior to the ceremony
o Both parties must be in attendance and provide photo identification
. Application for a Civil Marriage Ceiønony form to be completed'
o Mariage Licence to be presented (date issued to be within 3 months prior
to the ceremony)
o To discuss other municipal locations for the ceremony
o To select specific vows þrovide a written copy) andlor music
o Fees to be paid in full (cash or money order)
Staff Report C2010-03 regarding Civil Marriage Officiant
Services. File: L12
Page 135 of 254
11.
12.
7.
8.
9.
10.
17.
The Corporation of the Municipality of Bayham By-law No. 2010-017
Page 4 of5
The applicants are responsible to provide an interpreter if they do not speak
English and/or require language assistance. The interpreter cannot be one of the
witnesses. The interpreter will be required to sign a form that he/she has
interpreted the wedding ceremony.
Minimal decorations are permitted (e.g. flowers, balloons) within the municþal
office for the ceremony. They may be placed 15 minutes prior to the ceremony
and removed within 15 minutes of the conclusion of the ceremony. No smoking,
candles, confetti, rice, paper or similar celebratory materíals can be used within
the municípal ffice or on a munícipal property. Use of cell phones & other
communication devices are not permitted during the ceremony.
The taking of photographs will be permitted before the ceremony begins, during
the signing of the register and when the ceremony is completed.
Music will be permitted before and after the ceremony (applicants to
provide equipment). When selecting the tlpe of music consideration
should be given to its appropriateness and contribution to the digtity of the
occasion.
The applicants are responsible for providing two witnesses (See Notes #1)
Due to Council Chambers room size, amaximum of 25 guests only canbe
accommodated.
The applicants, as the renters of the Council Chambers for the civil marriage
ceremony, do hereby consent to defend and indemniff the Municipality of
Bayham for any loss or damages incurred by their guests. The applicants agree
that the Municipality of Bayham shall not be held responsible for personal injury
or damage, nor for the theft or loss of any personal property of anyone attending
on the invitation of the applicants.
The applicants shall be responsible for the conduct and supervision of all persons
admitted to the Council Chambers and shall see that all regulations pertaining to
the event are strictly followed.
The Municipal Council Chambers may onlybe used for civil marriage ceremonies
conducted by duly authorized delegated individuals.
All exits must be kept free from obstruction in case of fire
The Council Chambers will be available for a maximum of one and ahalf (1 %)
hours only.
A BOOKING IS NOT CONFIRMED UNTIL TIIE $1OO NON-
REFT]NDABLE DEPOSIT IIAS BEEN PAID TO THE MARRIAGE
OFFICIA}[T.
13.
14.
15.
16.
18.
Staff Report C2010-03 regarding Civil Marriage Officiant
Services. File: L12
Page 136 of 254
The Corporation of the Municipality of Bayham By-law No. 2010-017
Page 5 of5
NOTES:
1. There is no minimum age requirement for a witness, however, it is suggested they should
be at least sixteen years of age and able to understand and appreciate what is taking place
and be able to give evidence of such at alater date, if required.
2. If personal vows are to be made, they are to be reviewed by the offrciant prior to the
ceremony. A written copy of the vows must be brougþt to the pre-ceremony meeting.
3. If the ofEciant believes that, based on what he or she knows or has reasonable grounds to
believe, that either parties lack mental capacity to marry by reason of being under the
influence of intoxication alcohol or drugs or any other reason, the ceremony will not
proceed.
4. The Record of Solemni zationof Marriage given at the ceremony is not a legal record.
Approximately 12 weeks after the ceremony, you may apply to the Office of the
Registrar General to obtain an official Certificate of Marriage, the appropriate form is
included within the licence.
5. V/edding venues outside the boundaries of the Municipality of Bayham will be subject to
an additional fee at a rate of $200 to cover ovemight accommodations and travel
expenses of the ofüciant at arate of $0.45 per kilometre.
I have read the above guidelines outlined in Schedules A and B of By-law 2010-017 and
agree that Marion F. Rogers or Jack C.'Wha:ram Jr. will conduct a civil marriage
solemnization service on
Date:
Time:
Location:
Applicant # I Name:
Applicant # 2 Name:
Signature
Signature
Witness # I Name:
Signature
Witness # 2 Name:
Signature
Marriage Licence Number:Date Issued:
Note: Mørríage licences are valídfor 3 months only.
Deposit Received Fees paid: _ yes _no
Marriage Officiant Lynda A. Millard - Clerk
Personal Informatíon on thísform is collected under the outhoriþ ofthe Municipøl Acl and regulatíon under the Marríøge Act' 285/04'
and will be used to perform ø civil marriage ceremon!.
Staff Report C2010-03 regarding Civil Marriage Officiant
Services. File: L12
Page 137 of 254
THE CORPORATION OF THE
MUNICIPALITY OF BAYHAM
BY-LAW NO. 2010-018
A BY-LAW TO AUTHORIZE THE EXECUTION
OF AN EMPLOYMENT AGREEMENT BETWEEN TIIE
MT]NICIPALITY OF BAYHAM
AND
MARION FAITII ROGERS
WIIEREAS the Council of the Corporation of the Municþality of Bayham is desirous of
entering into an Employment agreement with Marion Faith Rogers, for the position of Civil
Marriage Officiant in the Municþality of Bayham;
NOW TIIEREFORE THE COT]NCIL OF THE CORPORATION OF TIIE
MT]NICIPALITY OF BAYIIAM ENACTS AS FOLLOWS:
1. TIIAT the Mayor and Clerk be and are hereby authorized to execute the Agreement
attached hereto as Schedule "4" and forming part of this byJaw between Marion Faith
Rogers and the Municþality of Bayham.
2. THAT this by-law shall come into full force and effect upon final passing.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED TIIIS 4TH DAY
OF MARCII 2O1O
MAYOR CLERI(
Staff Report C2010-03 regarding Civil Marriage Officiant
Services. File: L12
Page 138 of 254
Schedule "A" to BlL20l0-018 - Page I
AGREEMENT
THIS AGREEMENTmade as of this 4thday of March,2010.
BETWEEN:
The Municipality of Bayham,
A Corporation incorporated under the laws of the province of Ontario,
Hereinafter referred to as the "Municipality"
OF THE FIRST PART;
-and-
Marion Faith Rogers
Of the Municipality of Bayham in the Province of Ontario,
Hereinafter referred to as the "Employee"
OF THE SECOND PART.
\üHEREAS the Municipality and the Employee have agreed to enter into this Agreement to set
out the terms and conditions of employment by thë Municipality of the Employee as Marriage
Officiant.
NOW TIIEREFORE in consideration of the mutual covenants exchanged between the parties
herein, THE AGREEMENT WITNESSETII AS FOLLOWS:
Position and Term
1. The employment of the Employee under this Agreement shall coÍtmence March l5' 2010
and shall continue for a period of one year.
2. The Employee shall perform all the duties in the job description attached hereto as
Appendix "4", and shall be performed pursuant to the provisions hereof, diligently and in
good faith and with a view to the best interest of the Corporation'
Remuneration and Benefits
3. The remuneration shall be paid to the Employee, as applicable, on a bi-weekly basis as
follows per:
' marriage ceremony $125.00
' rehearsal $ 75'00
' renewal of vows $ 75.00
. cancellation or non-attendance of applicants $ 50.00
Mileage outside the boundaries of Bayham only shall be paid at arate of $0.45 per
kilometre.
Overnite accommodation $150 - $200 when required.
Statutory benefits on remuneration only shall apply.
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Page 139 of 254
Schedule "4" to BIL2010-078 -Page2
Hours of Work
4. The Employee shall be available on an as needed basis for a variable number of hours
each week as duties require.
Employment Conditions
5. Employment conditions may often be outside and can be expected to vary as weather and
se¿Ìsons change.
Vacation
6. Vacation pay shall be paid as required by statute each pay period.
Termination
7. The Employee agrees that the Municþality may terminate this employment at any time
without notice or compensation, for just cause.
8. The Corporation or the Employee may terminate this Agreement at arry time on thirty
(30) days written notice. Upon a breach of this agreement, either party may withdraw
from the agreement without notice or cash in lieu of notice or other financial penalty.
Renewal
9. This Agreement does not renew without the written agreement of the parties.
Complete Agreement
10. Except as otherwise noted herein, this Agreement sets out the entire agreement which the
parties have entered into, and neither relies upon representations or terms not included herein.
IN WITNESS WHEREOF the parties have caused this Agreement to be executed as of the day
and year first above written.
(V/itness) )Marion Faith Rogers
XThe Employee)
)
) The Municipality of Bayham
XThe Corporation)
)
)
)
Mayor)
)
)
)
)Clerk
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Page 140 of 254
Position:
Reports to:
Knowledge:
Experience:
Leadership:
Initiative/
Creativity:
Contact:
Decision
Making:
Working
Conditions:
Effort:
Appendix "A" to Schedule "A" to BlL2070-018 - Page I
MTJNICIPALITY OF BAYHAM
JOB DESCRIPTION
Marriage Officiant
Clerk or Administrator
Excellent knowledge of the Maniage Act and how to apply legislated
requirements
Should have a general understanding of other related provincial legislation
Have completed or witling to complete the Civil Marriage Solemnization Training
for Municipal Clerks or Designates
Minimum of Secondary School Education
An equivalent combination of education and experience.
Previous personal computer experience in a Windows environment, including
Microsoft Office is required.
Minimal leadership is required.
Considerable creativþ is required in providing information and customer services
to clients.
Exercises initiative in providing innovative ideas in the conduct of marriage
solemnizations.
Monitors and improves effrciency and effectiveness of policies and procedures
Considerable sensitive personal and telephone contact with the public, provincial
offrcials, employees, and Council.
Some judgement is required when assisting the public and provincial agencies with
their inquiries.
Work week is flexible based on needs of clients
Must be able to attend evening events as deemed necessary by the Clerk or
Administrator
Duties will be conducted at home, in the municipal offrce and other locations and
facilities as appropriate.
with the
new and
furniture
Responsible for preparation and conduct of marriage services, scheduling meetings
and^services, foflo#ing and implementing customei service pólicies.
Function:
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Page 141 of 254
4.
5.
Appendix "A" to Schedule "A" to BlL20I0-0t8 -Page2
Principal Functions:
Knows and is able to apply the legislative requirements of the Marriage Act and
Regulations. Understands-definitions, -who may marry - consent, authority to solemnize
marriages, witnesses, role of Clerk or Administrator.
Ensures marriage solemnization documents and statistical reports are reviewed with ttre
Clerk and submitted to the Offrce of the Registrar General in a timely manner.
Organizes and arranges all meetings with clients and conducts Civil Marriage
Solemnization ceremonies.
Ensures the Council Chambers is prepared for ceremonies.
Responsible to greet clients, respond to solemnization inquiries, receive payments by
che{ue or cash, issue receipts, submit funds to municipalþ promptly, complete marriage
solemnization documents and record information in the register.
Acts as initial contact on the telephone or email and taking appropriate action as required.
Maintains an adequate stationery supply.
Responsible for collecting, keeping and dispensing information under -t!e -supervision of
the-Administrator under-the authority of the Municipal Freedom of Informalion and
Protection of Privacy Act.
Identiff and address various scenarios, such as the need for an interpreter, under age
marriage, request for a proxy, intoxication, mental illness and learn to handle these
scenarios appropriately.
Knows how to complete and process various registration documents and solemnization
register.
Underst¿nd what is mandatory and what else may be said during a ceremony. Prepare
and conduct the ceremony in an appropriate manner using various scripts.
Carries out additional duties and exercises such additional responsibilities as assigned by
the Clerk or Administrator and I or as may be required by law.
1.
3.
9.
10.
11.
12.
6.
7.
8.
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Page 142 of 254
MT]NICIPALITY OF BAYHAM
DELEGATION APPOINTMENT AND OATH OF CIVIL MARRRIAGE OF'F'ICIANT
MARION F'AITII ROGERS
I, Lynda Millard, Clerk of the Municþality of Bayham hereby appoint Marion Faith Rogers as a
Marriage Officiant for the Municipality of Bayham and hereby delegate to her the powers and
duties of the Clerlq in the conduct of Civil Mariage Officiant services including but not
limited to the following princþal functions and responsibilities pursuant to the Municþal Act
2001, S.O., C25 228(4) & (5), Onta¡io Regulation 285104 and the Maniage Act, R.S.O. 1990,
Chapter M. 3 for the Province of Ontario.
Principat Functi<rns:
1. Knows a¡rd is able to apply the legislative reçirements of the Marriage Act a¡rd Regulations.
Understa¡rds defrnitions,-wtio may marry - consent, authority to solemnize marriages, wiÍresses,
role of Cle¡k or Administrator.
2. Ensures marriage solemnization documents and statistical reporß are reviewed with the Clerk ard
submitæd to the Office of üre Registrar General in a timely man¡Ër.
3. Organizes and arranges all meetings with clients and conducts Civil Marriage Solemnization
ceremo¡ues.
4. Ensures the Council Chambers is prepared for ceremonies.
5. Responsible to greet clients, respond ûo solemnization inquiries, receive payrrents by cheEre.or
casli, iszue rece¡ts, submit funds to municipality promptly, complete marriage solemnization
documents and record information in the register.
Acts as initial contact on the teþhone or email and taking appropriate action as required.
Maintains an adeçate stationery supply.
Reqponsible for collecting, keeping and dispensing information under the zupe_rvision of the
Adririnistrator under the ãuthority of tlre Municipal Freedom of Infonnalian and Protectían of
Prívacy Act.
Identify and address various scenarios, such as the need for an interpreter, under age marriage,
requesi for a proxy, intoxication, mental illness and learn to handle these scenarios appropriately.
Knows how to complete ard process various registration documents and solemnization register.
Understand what is mandatory a¡rd what else may be said during a ceremony. Prepare and
conduct the ceremony in an appropriate manner using various scrips.
Ca¡ries out additional duties and exercises such additional responsibilities as assigned by the Clerk
or Administrator and / or as may be required by law.
Declared before me
at the MunicipaliÇ of Bayham
in the CounÇ of Elgin this
day of
6.
7.
8.
9.
10.
11.
12.
A Commissioner, etc.
2010 Lynda Millard
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Page 143 of 254
Delegation Appointrnent & Oath of Maniage Officant - Rogers Page2
¡F*+¡f ¡f ++t****++t:f *¡t+'ß+:t+'ß+,ßrf +*+¡t++++*t+++*'f +++*¡F
I, Marion Faith Rogers, named above, solemnly declare that I will act faithfully in the capacity set
out in my appointment and perform all the duties required by law without partiality, fear or
affection.
Declared before me
at the Municþality of Bayham
in the County of ElgÍn this
dayof 2010 MarÍon Faith Rogers
A Commissioner, etc.
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TIIE CORPORATTON OF THE
MT]NICIPALITY OF BAYHAM
BY-LAW NO. 2010-019
A BY-LA\ry TO AUTIIORIZE THE EXECUTION
OF'AN EMPLOYMENT AGREEMENT BETWEEN TIIE
MIJIIICIPALITY OF' BAYHAM
AI\D
JACK C. WIIARRAM JR.
WHEREAS the Council of the Corporation of the Municipalþ of Bayham is desirous of
entering into an Employment agreement with Jack C. Wha¡ram Jr. for the position of Civil
Mariage Officiant in the Municipality of Bayham;
NO\M THEREF'ORE THE COI]NCIL OF TIIE CORPORATION OF TIIE
MTJNICIPALITY OF BAYHAM ENACTS AS FOLLOWS:
l, THAT the Mayor and Clerk be and are hereby authorized to execute the Agreement
attached hereto as Schedule"N' and forming part of this byJaw between Jack C.
Wha¡ram Jr. and the Municipality of Bayham.
2. TIIAT this by-law shall come into full force and effect upon final passing.
READ A FIRST, SECOND AND THIRD TIME AND FTNALLY PASSED TIIIS 4TH DAY
OF MARCH 2O1O
MAYOR CLERK
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Page 145 of 254
Schedule "A" to BlL20l0-019 - Page I
AGREEMENT
THIS AGREEMENT made as of this 4ft day of March 2010.
BETV/EEN:
The Municipality of Bayham,
A Corporation incorporated under the laws of the province of Ontario,
Hereinafter referred to as the (Municþality"
OF THE FIRST PART;
-and-
Jack C. Wharram Jr.
Of the Municipality of Bayham in the Province of Ontario,
Hereinafter referred to as the *Employee'
OF THE SECOND PART.
WIIEREAS the Municþality and the Employee have agreed to enter into this Agreemort to set
out the terms and conditions of employment by the Municipality of the Employee as Maniage
Officiant.
NOW TIIEREFORE in consideration of the mutual covenants exchanged between the parties
herein, TIIE AGREEMENT WITNESSETII AS FOLLOWS:
Position and Term
1. The ernployment of the Employee under this Agreement shall coÍrmence
and shall continue for a period of one year.
2. The Employee shall perform all the duties in the job description attached hereto as
Appendix "4", and shall be performed pursuant to the provisions hereof, diligently and in
good faith and with a view to the best interest of the Corporation.
Remuneration and Benefits
3. The remuneration shall be paid to the Employee, as applicable, on a bi-weekly basis as
follows per:
. marriage ceremony. rehearsal. renewal of vows. cancellation or non-attendance of applicants $ 50.00
Mileage outside the boundaries of Bayham only shall be paid at arate of $0.45 per
kilometre.
Overnite accommodation $150 - $200 when required.
Statutorybenefits on remuneration only shall apply.
$125.00
$ 75.00
$ 75.00
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Page 146 of 254
Schedule "A" to B/L 2010-019 -Page2
Ilours of Work
4. The Employee shall be available on an as needed basis for a variable number of hours
each week as duties require.
Employment Conditions
5. Employment conditions may often be outside and can be expected to vary as weather and
seasons change.
Vacation
6. Vacation pay shall be paid as required by statute each pay period.
Termination
7. The Employee agrees that the Municipality may terminate this ønployment at any time
without notice or compensation, forjust cause.
8. The Corporation or the Employee may terminate this Agreement at arry time on thiúy
(30) days writte,n notice. Upon a breach of this agreement, either party may withdraw
from the agreement without notice or cash in lieu of notice or other financial penalty.
Renewal
9. This Agreement does not renew without the written agreement of the parties.
Complete Agreement
10. Except as otherwise noted herein, this Agreement sets out the entire agreement which the
parties have entered into, and neither relies upon representations or terms not included herein.
IN WITNESS \ilIIEREOF the parties have caused this Agreement to be executed as of the day
and year first above written.
(Wihess) )Jack C Wha¡ram Jr.
XThe Employee)
)
) The Municipality of Bayham
XThe Corporation)
)
)
)
)Mayor
)
)
)
)Clerk
Staff Report C2010-03 regarding Civil Marriage Officiant
Services. File: L12
Page 147 of 254
Position:
Reports to:
Knowledge:
Experience:
Leadership:
Initiative/
Creativity:
Contact:
Decision
iVlaking:
Working
Conditions:
Effort:
Appendix "4" to Schedule "4" to BlL2010-019 - Page I
MT]NICIPALITY OF BAYTIAM
JOB DESCRIPTION
MarrÍage Ofñciant
Clerk or Administrator
Excellent knowledge of the Mørriage Act arid how to apply legislated
requirements
Should have a general understarding of other related provincial legislation
Have completed or willing to complete the Civil Marriage Solemnization Training
for Municipal Clerlcs or Designates
Minimum of Secondary School Education
An equivalent combination of education and experience.
Previous personal computer experience in a Windows envi¡onment, including
Microsoft Office is required.
Minimal leadership is required.
Considerable creativity is required in providing inforrnation and customer services
to clients.
Exercises initiative in providing innovative ideas in the conduct of marriage
solemnizations.
Monitors and improves effrciency and effectiveness of policies and procedures
Considerable sensitive personal and telephone contact with the public, provincial
officials, employees, and Council.
Some judgement is required when assisting the public and provincial agencies with
their inquiries.
Work week is flexible based on needs of clients
Must be able to attend evening events as deemed necessary by the Clerk or
Administrator
Duties will be conducted at home, in the municipal office and other locations and
facilities as appropriate.
with the
new and
furniture
Function: Responsible for-preparation and conduct of marriage services,.scheduling meetings
and services, following and implementing customer service policies.
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Page 148 of 254
4.
5.
Appendix "A" to Schedule "A" to BlL20l0-019 -Page2
Principat Functions:
Knows and is able to apply the þislative requirements of the Marriage Act and
Regulations. Understa¡rds definitions, who may marry - consent, authority to solemnize
marriages, witnesses, role of Clerk or Administrator.
Ensures marriage solemnization documents and statistical reports are reviewed with the
Clerk and submitted to the Office of the Registrar General in a timely rnanner.
Organizss and arranges all meetings with clients and conducts Civil Marriage
Solemnization ceremonies.
Ensures the Council Charnbers is prepared for ceremonies.
Responsible to greet clients, respond to solemniz¿tion inquiries, receive payments by
cheque or cash, issue receipts, submit funds to municipality promptþ, complete marriage
solemnization documents and record infornration in the register.
Acts as initial contact on the telephone or email and taking appropriate action as required.
Maintairn an adequate stationery supply.
Responsible for collecting, keeping anf dispensing information under the supervision of
the Adminishator under the authority of the Municþal Freedom of Infornulìon and
Protectíon of Privacy Act.
9. Identiû/ and address various scenarios, such as the need for ar1 interpreter, under,age
marriage, request for a proxy, intoxication, mental illness and learn to handle these
scenarios appropriately.
Knows how to complete and process various registration documents and solemniz¿tion
register.
Understand what is mandatory and what else may be said during a ceremony. Prepare
and conduct the ceremony in an appropriate marner using various scripts.
Carries out additional duties and exercises such additional responsibilities as assigned by
the Clerk or Administrator and / or as may be required by law.
1.
3.
10.
11.
12.
6.
7.
8.
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Page 149 of 254
MTJMCIPALITY OF BAYIIAM
DELEGATION APPOINTMENT AND OATH OF CIVIL MARRRIÄGE OF'FICIANT
JACKC. WHARRAM JR.
I, Lynda Millard, Clerk of the Municþality of Bayham hereby appoint Jack C. Wharram Jr. as a
Marriage Ofüciant for the Municþality of Baytram and heróy delegate to him the powers and
duties of the Clertq in the conduct of Civil Marriage Officiant services including, but not
limited to the following principal ftnctions and responsibilities pursuant to the Municipal Act
2f0l, S.O., C25 228(4) & (5), Ontario Regulation 285/M and the Marriage Act, R.S.O. 1990,
Chapter M. 3 for the Province of Onta¡io.
Principal tr\rnctions:
1. Knows arid is able to apply the legislative requirenrents of tbe Marriage Act and Regulations.
Undersa¡rds defrritions,-wlio rnay rnarry - consent, auüoríty to solemnize mariages, witnesses,
role of Clerk or Administraûor.
2. Ensures mârriage solemnization documents arid statisticål repoß are reviewed with üre Clerk and
zubmitted to ttre Offrce of the Registra¡ General in a tirnely nuiller.
3. Organizes and arranges alt meetings wiür clients and conducts Civil Marriage Solemnization
ceremorues.
4. Ensures the Courrcil Chambers is prepared for ceremonies.
5. s, receive Paynrcnts bY cheçe or
corplete rnarriage solemnization
ter.
6. Acts as initial contact on ttre telephorr or email and taking apprqriate action as required.
7. Maintains an adequaæ statiorrcry supply.
8. Responsible for collecting, keeping and dispensing information un&r the zupervisi* gf tltq
Adririnistator u¡rder ttre iutfrority ıf tfre MinícþaI Freedom of Intormatíon and Protection of
Privacy Act.
9. Identiff and address various scÊnârios, zuch as ttre rþed for an interpreter, under age uuuriage,
reçesi for a proxy, intoxication, mental illness a¡xf learn to haridle these scenarios appropriaæly.
10. Knows how to complete and process various registration documents ard solemnization register.
Ll. Understand what is mandatory and what else may be said during a c.eremony. Prepare and
conduct the ceremony in an apprqriaæ ma¡urcr using variot¡s scripts.
12. Carries out additional duties and exercises such additional reqponsibilities as assigned by the Clerk
or Administrator and / or as nuy be required by law.
Declared before me
¡t the Municþality of Bayham
Ín the County of Elgin this
day of
A Commissioner, etc.
2010 Lynda Millard
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Page 150 of 254
DelegationAppointment & Oath of Marriage Officant - Wharram Page2
++:È+**'t+¡t*t't++t++'F*+*++t'tt+++ +++,È***+++++*t¡t¡¡:ß+
I' Jack C. Wh¡rr¡m Jr, n¡med lbove, solemnly decl¡re that f will rct feithfulty in the capacity set
out in my eppointment ¡nd perform ell the duties required by law without partiality, fe¡r or
affection.
Declared before me
at the Municipality of Bayham
in the County of Elgin thisdayof 2010 Jack C. Wh¡rr¡m Jr.
A CommÍssioner, etc.
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Page 151 of 254
CORPORATION OF THE MUNICIPALITY OF BAYHAM
STAFF REPORT
TO: Mayor & Members of Council
FROM: Kyle Kruger, Administrator
SUBJECT: Harbour Facilities 2010
DATE: February 24,2010
FILE: L04
NUMBER: PR2010-02
Purpose
To recommend lease arrangements for the municipal Black Docks, boat launch, and finger docks for
2010.
Background
As members of Council may recall, the Municipality issued a Request for Proposals in the spring of
2009 for the lease and operation of the municipal black docks, boat launch, and finger docks. Previous
to that, there had been an agreement with Mr. Ron Bradfield (Bradcranex) to operate the mentioned
facilities for a number of years. Although part of the agreements, the boat launch and finger docks
have not been in actual use since at least 2000.
Only one proposal was received from the request, being from Mr. Ron Bradfield (Bradcranex Inc.), in a
total amount of $600. Council therefore entered into lease arrangements with Bradcranex for 2009.
Mr. Bradfield has expressed interest to renew the agreement again for the 2010 season with the same
a:rangements as for 2009.
Staff Comments
Bradcranex submitted the only complete proposal in 2009. Considering that, and given the limited
access and opportunities for recreational boating in the harbour, it may be unlikely that other parties
will be interested in lease arrangements. It is therefore suggested that Council again consider renewing
the arrangements with Bradcranex.
Options
1. Enter into agreement with Bradcranex Inc. to operate the facilities again for 2010.
2. Issue a Request for Proposals for 2010
3. Cease operation of the harbour facilities
Attachments
1. Draft By-law No. 2010-02l,to authorize agreement with Ron Bradfield, Bradcranex Inc.
Strategic Plan Goal(s):
Goal #1 - Practice responsible financial management
Goal #3 - Create a positive business atmosphere
Goal #6 - Provide and encourage attractive lifestyle choices
Recommendation
THAT By-law No. 2010-021 to authoize an agreement with Ron Bradfield, Bradcranex Inc. to operate
the municipal Black Docks, boat launch, and finger docks for 2010 be presented to Council for
enactment.
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THE CORPORATION OF THE
MT]NICIPALITY OF BAYHAM
BY-LA\il NO. 2010-021
BEING A BY-LA\il TO AUTHORIZE THE MAYOR AI\D
CLERK TO EXECUTE A LEASE AGREEMENT BETWEEN
THE MT]NICIPALITY AI\D RONALD BRADF'IELD,
BRADCRANEX INC. FOR THE LEASE OF LANDS
DESCRTBED AS PART OF LOT 11, CONCESSION I rN
THE MT]NICIPALITY OF BAYHAM (FORMERLY
VILLAGE OF PORT BURWELL), COUNTY OF ELGIN
AND RENTAL OF THE MT]NICIPAL FINGER DOCKS
WHEREAS Ronald Bradfield, Bradcranex Inc. has provided a proposal to lease and operate
Municipal facilities known as the Municipal Boat Launch and Black Docks, located in Part of
Lot 11, Concession I in the Municipality of Bayham (formerly Village of Port Burwell) located
opposite Part 7 on Plan 11R-990, and to rent the municipal owned finger docks, in accordance
with the Request for Proposal issued by the Municipality of Bayham;
AND WHEREAS the Council of the Corporation of the Municipality of Bayham deems it
necessary and expedient to enter into such lease agreement.
THEREF'ORE THE COUNCIL OF THE CORPORATION OF THE MTJNICIPALITY
OF BAYHAM ENACTS AS FOLLO\ilS:
1. THAT the Agreement attached hereto as Schedule "4" and forming part of this ByJaw
between the Corporation of the Municipality of Bayham and Ronald Bradfield,
Bradcranex Inc. be and same is hereby approved.
2. TIIAT the Mayor and Clerk be hereby authorized to execute the attached agreement
marked as Schedule "Au on behalf of the Corporation.
READ A FIRST AND SECOND TIME this 4th day of March 2010.
READ A THIRD TIME AND FINALLY PASSED this 4th day of March, 2010.
MAYOR CLERK
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Page 153 of 254
THIS LEASE AGREEMENT made in triplicate this
-
day of 2010
BETWEEN:
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
(Hereinafter called the "Municipality")
OT'THE FIRST PART
And
RONALD BRADFIELD, BRADCRANEX INC.
(Hereinafter called the "Lessee")
OF THE SECOND PART
IN CONSIDERATION of the mutual covenants in this Lease agreement the parties agree
as follows:
1.01 Terms Defined
In this Agreement:
"Leased Premises" means the lands described in Schedul€ "B", including the area
described as the black dock, boat launch, parking for boats and trailers forming part of
this agreement and finger docks.
2.01 Term
The Lessee shall have the right to use the leased premises for and during the term, which
shall be for the period May l, 2010 to and including September 30, 2010.
3.01 Payment
The Lessee will pay to the Corporation of the Municipality of Bayham a total lease fee in
the amount of $600.00 on or before September 30,2010.
4.01 The Lessee Covenants with the Municipality as follows:
Ð To use the Leased Premises for the pulpose of renting out boat slips and
launching of boats along with the sale of gas, confections only and other products
associated with the use of the leased premises (does not include mobile food
booths selling hotdogs, french fries and similar foodstuffs).
iÐ To pay the lease fee without demand.
iii) To obtain all necessary approvals from the Coast Guard and any other authority
with respect to the placement of the finger docks; maintain in good repair the
Municipality's docks and to return those docks to the municipality at the end of
the term, in the same condition as the lessee received them. Place and remove the
docks with a crane in order to ensure minimal damage. Should any dock(s)
become damaged beyond repair, or lost, when in the possession and use of the
Lessee, howsoever caused, the Lessee agrees to replace such docKs) to the
Municipality's satisfaction or to pay to the Municipality a sum of money as
compensation, which sum shall be the replacement cost of the dock(s) as
determined at the sole discretion of the Municipality. Upon the removal of the
Staff Report PR2010-02 regarding Harbour Facilities 2010. File:
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docks they are to be placed and stored in a location and manner satisfactory to the
Municipality.
To be responsible for the rental of space to Charter Boats utilizing the Black Dock
for the 2010 season and to ensure that only paid boaters are permitted to utilize
the Black Dock.
v) To acknowledge that all facilities are being leased on an "as is" basis and that no
improvements will be made by the Municipality. Further, that the Lessee agrees
to have all boaters either launching from the municipal boat launch, utilizing the
finger docks or the Black Dock sign a waiver form to be supplied by the
Municipality. Said waiver form shall release the Lessee, the Municipality and the
owner of the said lands from all claims resulting from injury or damage caused
while using the said facilities. The Lessee shall keep the original executed waiver
forms to be submitted to the Municipality at the end of the term of the Lease.
Any boater utilizing the facility (ies) on mofe than one occasion is only tequired
to the sign the waiver form once for the season.
vi) Worþlace Safety & Insurance Board
If the nature of the Lessee's operation is such as to place all or any of its
employees under the coverage of the Worþlace Safety Insurance or similar
statutes, the Lessee also will keep in force, at its expense, during the term,
Worþlace Safety Insurance or similar insurance affording statutory coverage and
containing statutory limits.
5.01 InsurancePolicies
Each insurance policy referred to herein will:
a) name the Municipality and any persons, firms or corporations designated by the
Municipality as additional named insureds as their interest may appear; and
provide to the Municipality proof of liability insurance in the amount of
$1,000,000.00 (one million dollars); and,
b) contain, if available and as appropriate, a waiver of rights of subrogation against
the Municipality and the Lessee, or a cross-liability clause protecting the
Municipality and other insureds designated by it against claims as if the
Municipality were separately insured; and,
c) contain a clause that the insurer will not cancel or change or refuse to renew the
insurance without first giving the Municipality thiúy (30) days prior written
notice; and
d) all policies of insurance will be with insurers acceptable to the Municipality and
in a form satisfactory to the Municipality, and the Lessee will see that there is
delivered to the Municipality copies of certificates of the policies. If the Lessee
fails to take out or keep in force any policy of insurance referred to herein, the
Municipality may do so and pay the premiums, and in that event the amount so
paid as premiums plus ten percent (I0%) for overhead shall be due and payable as
Rent in arrears; and,
e) all policies will be kept in force throughout the term and during such other time as
the Lessee occupies the Leased Premises or any part thereof.
iv)
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6.01 Indemnification of the Municipality
The Lessee agrees to indemnif 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 the Leased
Premises or the occupancy or use of the Leased Premises or occasioned wholly or in part
by an act or omission of the Lessee, its officers, employees, agents, customers,
contractors or other invitees, lessees or concessionaires or by anyone permitted by the
Lessee to be on the premises. In case the Municipality, without actual (as opposed to
merely vicarious) fault on its part, is made a party to litigation begun by or against the
Lessee, excepting a bona fide action by the Lessee against the Municipality, the Lessee
will protect and hold the Municipality harmless and will pay all costs, expenses and
reasonable legal fees incurred or paid by the Municipality in connection with the
litigation.
7.01 Nuisance and Garbage
The Lessee agrees not to cause, permit or suffer any unusual or objectionable noises or
odors to emanate from the Leased Premises. The Lessee shall deposit all garbage, debris,
trash and refuse from the areas in approved containers as designated by the Municipality.
Garbage, debris, trash and refuse disposal shall be the responsibility of the lessee. [f
garbage, debris, trash and refuse is not disposed of in a timely fashion, it shall be picked
up by the municipal authorities at the expense of the Lessee, at a rate of $100.00 per
occwïence.
8.01 Costs
The Lessee agrees to pay to the Municipality all costs incurred including all legal fees (on
a solicitor and his own client basis) and disbursements incurred in enforcing arry
covenants contained in this Lease or in the event that the Lessee fails to perform its
obligations and the Municipality assumed those obligations pursuant to the terms of this
agreement, or with respect to any other litigation arising from this agreement.
9.01 Compliance with Legislation
The Lessee agrees to observe and fulfil the lawful provisions and requirements of all
statutes, by-laws rules and regulations, municipal, provincial or federal, relating to the
Leased Premises, and, in particular and, without limiting the generality of the foregoing,
shall maintain all equipment and apparatus now installed or required to be installed from
time to time by any authority on the Leased Premises.
10.01 Operating and Managing Leased Premises
The Lessee agrees to be responsible for operating and managing the Leased Premises
including providing health facilities (portable toilets) as required, repairs to existing
ramps and docks as required, keep the area clean and clear of garbage including disposal
thereof.
11.0f The Municipality covenants with the Lessee as follows:
Ð To permit the Lessee to use the docks owned by the Municipality, for the purpose
ofrenting out docking spaces to boat users;
ii) To permit the Lessee to charge and collect fees for boat docking and boat
launching, as the Lessee shall determine in its discretion;
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iii) To permit the Lessee to manage and operate the Leased Premises as they see fit,
so long as the Lessee is in compliance with the terms of this agreement and all
applicable laws.
12.01 The Municipality and Lessee mutually agree as follows:
r) Re-entry
That the Municipality has a right of re-entry on non-payment of lease fee or non-
performance of covenants, subject to the provisions of this Lease.
ü) Failure to Pay Lessee Fee or Observe Covenants
If the Lessee fails to pay arLy installment of the licence fee or additional Lease
fees payable herein then the Lease granted shall be terminated and the rights
hereby granted to the Lessee hereunder shall thereupon immediately cease and
expire.
iir) Right of Entry to Perform Covenants
That if the Lessee shall default in the performance of any covenant in this Lease
other than the payment of the lease fee, and if such default shall continue for ten
(10) days after written notice thereof to the Lessee, the Mturicipallty may perform
that covenant on the Lessee's behalf and may enter the Leased Premises for that
pu{pose, and the Municipalþ shall not be liable to the Lessee for any loss or
damage to the Lessee's property or business caused by so doing.
Ð Signs
That the Lessee shall have the right to place a sign or signs setting out the name
and business of the Lessee, provided that it shall first have obtained the
Municipalþ's consent in writing, such consent not to be unreasonably withheld,
as to the specifications and location therefore, and provided the sign or signs
conform to all municipal regulations and by-laws.
13.01 The Municipality and Lessee mutually agree as follows: (continued)
v) No'Waiver
That the waiver by the Municipality or the Lessee of a breach of a term, covenant
or condition of this Lease will not be considered to be a waiver of a subsequent
breach of the term, covenant or condition or of another term, covenant or
condition. The subsequent acceptance of lease fees by the Municipality will not
be considered to be a waiver of a preceding breach by the Lessee of a term,
covenant or condition of this Lease, and regardless of the Municipality's
knowledge of the preceding breach, it will not be considered to have been waived
by the Municipality or by the Lessee unless the waiver is in writing signed by the
Municipalþ or by the Lessee, as the case may be.
Yi) Assignment
The Lessee may not sublet or assign or transfer its interest in this Lease without
securing the written consent of the Municipality, which consent may not be
unreasonably and arbitrarily refused by the Municipality.
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vii) Notice
That all notices which it may be necessary or proper for either party to serve upon
the other shall be effectively served if sent postage prepaid to the following
addresses, or alternatively, served personally:
LESSEE'S ADDRESS
Ronald BradÍìeld
Bradcrønex Inc.
PO. Box 59
Port Burwell, Ontørìo N0J 170
MT'NICIPALITY'S ADDRESS
Munícípalíty of Bayham
PO Box 160,9344 Plank Rd
Stralþrdvílle ON N0f 1Y0
All notices so mailed shall be deemed to have been received on the third business day after
mailing provided that each party may from time to time specif in writing a new address to
which any such notice shall thereafter and until further notice be sent.
In Witness Whereof the parties hereto have hereunto set their hands and seals.
CORPORATION OF THE MTJNICIPALITY OF BAYHAM
MAYOR Date
CLERK Date
BRADCRANEX INC.
Ronald Bradfield
Date:
Witness
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CORPORATION OF THE MUNICIPALITY OF BAYHAM
STAFF REPORT
TO: Mayor & Members of Council
FROM: Kyle Kruger, Administrator
SUBJECT: Municipal Funding Agreement - Federal Gas Tax
DATE: February 24,2010
FILE:
NUMBER: F2010-03
PURPOSE
This report is to outline and recommend execution of an amendment to the Municipal Funding
Agreement with AMO regarding Federal gas tax revenues.
BACKGROTIND
As members of Council will recall, AMO and the Federal government have signed an extension to
the Agreement for the Transfer of Federal Gas Tax Revenues. In order to obtain the funding for
Bayham, the Municipahty must enter into an amended agteement with AMO for a term to 2014.
As a reminder, the funding is not application based, but is based on a per capita formula. However,
there are restrictions on the use of the funds, annual reporting requirements, and in the case of
expenditures for local roads and bridges, advance approval must be obøined. The stated purpose of
the program is to utilize the funds for environmentally sustainable municipal infrastructure.
Bayham's funding will total 9206,350.72 for each year 2010 to 2013.
STAFF COMMENTS
The agreement is mandatory to obtain gas tax revenues, and staff have not identified any areas of
concem in the amending agreement. There are a number of restrictions regarding use of the fi.rnds
which will need to be further reported and discussed with Council through its annual budget
process, and reporting regarding use of funds that will be required.
ATTACHMENTS
1. Draft By-law No. 2010-022, to authorize an Amending Ageement with the Association of
Municipalities of Ontario.
STRATEGIC PLAN GOAL(S)
Goal #1 - Practice responsible hnancial management
Goal#2 - Ensure reliable, well maintained and secure infrastructure
RECOMMENDATION
That ByJaw No. 2010-022,being a ByJaw to authorize an Amending with the Association of
Municipalities of Ontario be presented to Council for enactment.
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CORPORATION OF THE
MUNICIPALITY OF BAYHAM
BY-LAW NO.2010-022
A BY.LAW TO AUTHORIZE THE EXECUTION
OF AN AMENDING AGREEMENT TO THE
MUNICIPAL FI]NDING AGREEMENT BETWEEN THE
MUNICIPALITY OF BAYHAM
AND
THE ASSOCIATION OF MUNICIPALITIES OF ONTARIO
\ilHEREAS the Govemment of Canada, Province of Ontario, and Association of Municipalities of
Ontario executed an extension to the Agreement For the Transfer of Federal Gas Tær Revenues
September 3,2008;
AND \ilHEREAS pursuant to the said agreement, AMO is carrying out the fund administration;
AND \ilHEREAS the Municipality of Bayham entered into a Municipal Funding Agreement
with the Association of Municipalities of Ontario as authorized by By-law No. 2005- 1 l0 adopted
by Council November 17th,2005;
AND \ilHEREAS Municipalities are required to enter into an amended Municipal Funding
Agreement with AMO to enable transfer of funds;
AND WHEREAS the Council of the Corporation of the Municipality of Bayham deems it
necessary and expedient to enter into an amended Municipal Funding Agreement with AMO in
order to participate in the transfer of federal gas tax.
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE
MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS:
1.THAT the Mayor and Clerk be and they are hereby authorized and directed to execute
the Amending Agreement attached hereto as Schedule "A" and forming part of this by-
law, between the Corporation of the Municipality of Bayham and The Association of
Municipalities of Ontario, being a Municipal Funding Agreement for the Transfer of
Federal Gas Tax Revenues.
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 MARCH,2010.
2.
MAYOR CLERK
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,I
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THIS AMENDING AGREEMENT made in duplicate this day of
BETWEEN:
2010.
THE ASSOCIATION OF MUNICIPALITIES OF ONTARIO
(referred to herein as "AMO")
-and-
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
(referred to herein as the "Recipient")
WHEREAS Canada, Ontario and Ontario municipalities, as represented by AMO and
Toronto entered into an Agreement for the Transfer of Federal Gas Tax Revenues Under the
New Deal for Cities and Communities on June 17, 2005 (amended on June 20, 2007) (the
"Canada-Ontario-AMO-Toronto Agreement"), whereby AMO agreed to administer funds on
behalf of Ontario municipalities made available pursuant to the Canada-Ontario-AMO-
Toronto Agreement on behalf of Canada;
WHEREAS the Canada-Ontario-AMO-Toronto Agreement outlines a framework for the
transfer of funds to Ontario municipalities, represented by AMO and Toronto with stable,
reliable and predictable funding for environmentally sustainable infrastructure purposes;
WHEREAS Canada, Ontario and Ontario municipalities, represented by AMO and
Toronto have amended the Canada-Ontario-AMO-Toronto Agreement on September 3,
2008, in order to confirm municipalities' Gas Tax Fund allocations to 2014;
AND WHEREAS AMO and the Recipient have previously entered into a'Municipal
Funding Agreement for the Transfer of Federal Gas Tax Revenues Under the New Deal for
Cities and Communities;
NOW THEREFORE this Amending Agreement witnesseth that:
1. The preamble forms an integral part of this Amending Agreement,
2. Terms not defined in this Amending Agreement have the meanings assigned in the
Municipal Funding Agreement For the Transfer of Federal Gas Tax Revenues
Under The New Deal for Cities and Communities.
a. Audit Statemenf definition is deleted and replaced as follows:
"Audit Statement" means a written audit statement to be prepared and
delivered to AMO as set out in section 7.1h hereto.
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b. End of Funds definition is deleted and replaced as follows:
"End of Funds" means March 31,2014.
c. lnfrastructure Program definition is deleted and replaced as follows:
"lnfrastructure Program" means Canada's infrastructure programs in
existence at the time of the execution of this Agreement.
' d. Large Municipalifies definition is deleted and replaced as follows:
"Large Municipalities" means those Municipalities with a 2006 National
Census data population of 500,000 or more including the Regional
Municipalities of Durham, Peel and York and the Cities of Hamílton,
Mississauga and Ottawa.
e. Treasurer definition is added:
"Treasure/' means a municipal treasurer as defined in subsection 286(1) of the
Municipal Act, 2001 (Ontario).
f. Treasurer's Certificafe defínition is added:
"Treasurer's Gertificate" means a written statement by the Treasurer to be
prepared and delivered to AMO as set out in section 7.1i hereto and in the form
identified in Schedule H attached.
3. Section 2.1 is deleted and replaced as follows:2.1. Term. Subject to any extension or termination of this Agreement or the
survival of any of the provisions of this Agreemenf pursuant to the provisions
contained herein, this Agreement shall be in effect from the date set out on the first
page of this Agreemenf, up to and including March 31,2015.
4. Section 3.1c is deleted and replaced as follows:
c. ensure that there is no reduction in capital funding provided by Municipalities for
Mu n i ci pal I nfrastructure.
5. Section 3.1d is deleted and replaced as follows:
d. ln the case of Recipients that are Municipalifies in excess of 100,000 in
population, ensure that over the period of January 1, 2010 to March 31, 2014 the
Recipient's capital spending on Municipal lnfrastructure shall not fall below its Base
Amount; and,
6. Section 3.1e is added:
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7.
L
e. ensure any of its contracts for the supply of services or materials to implement
its responsibilities under this Agreement shall be awarded in a way that is
transparent, competitive, consistent with value for money principles and pursuant
to its adopted procurement policy.
Section 4.2is deleted and replaced as follows:4.2. Exception. For Large Municipalifies, the list of eligible categories shall
consist of no more than two (2) of the categories in Section 4.1 a. to f .
Section 5.4 is deleted and replaced as follows:5.4. Retention of Receipts. The Recþienf shall retain all evidence (such as
invoices, receipts, etc.) of payments related to Eligible Cosfs and such suppofting
documentation must be available to Canada when requested and maintained by
the Recþientfor audit purposes in accordance with the municipal records retention
by-law.
Section 6.7 is deleted and replaced as follows:6.7. Expenditure of Funds. The Recipient shall expend all Funds by
December 31,2016.
Section 6.8 is deleted and replaced as follows:6.8. GST and HST. The use of Funds is based on the net amount of goods
and services tax or harmonized sales tax to be paid by the Recipient pursuant to
the Excise Tax Act (Canada) net of any applicable rebates.
Section 7.1h is deleted and replaced as follows:
h.. an annual Audit Statement,il Funds were applied to Eligible Cosfs incurred for
Eligible Projects in respect of the previous Municipal Fiscal Year. An annual Audit
Statement is to be prepared by the Recipient's auditor in accordance with section
5815 of the Canadian lnstitute of Chartered Accountants Handbook - Special
Reports Audit Reports on Compliance With Agreements, Statutes and
Regulations, providing assurance that the terms of the Agreemenf have been
adhered to and Funds received by the Recipient have been spent in accordance
with the Agreement;
Section 7.1i is added:i. a Treasurer's Certificate, if Funds were not applied to Eligible Cosfs incurred for
Eligible Projects in respect of the previous Municipal Fiscal Year. A Treasurer's
Certificate is to be prepared by the Recipient's Treasurer, providing assurance that
activity related to sections 6.4, 6.5, and 11 has been conducted within the terms
and conditions of the Agreement.
Section 7 .2 is deleted and replaced as follows:7.2. Outcomes Repoft. The Recþrenf shall account in writing for outcomes
9.
10.
11.
12.
13.
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14.
achieved as a result of the Funds through an Outcomes Report to be submitted to
AMO upon completion of an Eligible Project and to be made available publicly in
manner consistent with financial reporting under the Municipal Act, 2001 S.O.2OO1
c.25 by March 31't of the following Municipat Fiscat Year.
a. The Recþient's Outcomes Report shall report in writing on the cumulative
investments made, in a manner to be provided by AMO, including information
on the degree to which these investments have actually contributed to the
objectives of cleaner air, clêaner water and reduced greenhouse gas emissions.
Section 9.2 is deleted and replaced as follows:9.2. Separate Records. The Recþienf shall maintain separate records and
documentation for the Funds and keep all records including invoices, statements,
receipts and vouchers in respect of Eligible Projects that Funds are paid in respect
of in accordance with the municipal records retention by-law. Upon reasonable
notice, the Recþienf shall submit all records and documentation relating to the
Funds to Canada for inspection or audit.
Notwithstanding the date of execution of this Amendment Agreement, the
provisions of this Amending Agreement are in effect as of January 1, 2010 and
continue in effect for the duration of the term of the Municipal Funding Agreement
For the Transfer of Federal Gas Tax Revenues Under The New Deal for Cities and
Communities.
Section 14.3 is deleted and replaced as follows:14.3. Addresses for Notice. Further to Section 14.1 of this Agreement,
notice can be given at the following addresses:
a. lf to AMO:
Executive Director
Federal Gas Tax Agreement
Association of Municipalities of Ontario
200 University Avenue, Suite 801
Toronto, ON M5H 3C6
Telephone: 41 6-97 1-9856
Facsimile: 416-97 1-61 91
Email: qastax@amo.on.ca
15.
16.
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b. lf to the Recipient:
Kyle Kruger
Administrator
Municipality of Bayham
P. O. Box 160
Straffordville, ON NOJ 1Y0
Telephone: (519) 866-5521
Facsimile: (51 9) 866-3884
Email: kkruger@bayham.on.ca
17 . Section 15.4 is deleted and replaced with the following:15.4 Survival. The following schedules, sections and provisions of this
agreement shall survive the expiration or early termination hereof: Sections 5,6.7,
7,9.3,10.4, 10.5, 1 1,12.3,15..7, and Schedule G.
18. Section 16.1 , Schedule A is amended as attached.
19. Section 16.1, Schedule H is added as attached.
20. Except as amended herein, the provisions of the Municipal Funding Agreement For
the Transfer of Federal Gas Tax Revenues Under The New Deal for Cities and
Communities remain in fullforce and effect.
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lN WITNESS WHEREOF this Agreemenf has been executed by the duly authorized officers
of the parties hereto as of the date first above written.
RECIPIENI,S NAME: THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
By:
Dateorporate Name:eal Tifle:
Title: Executive Director
ffix
orporate
eal
ln the presence of:
Name:
Title:
Date
THE ASSOCIATION OF MUNICIPALITIES OF ONTARIO
By:
Date
. Witness
Title: Director of Administration
and Business Development
Date
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SCHEDULE A
SCHEDULE OF FUND PAYMENTS
RECIPIENT'S NAME: The Corporation of the Municipality of Bayham
The following represents the minimum Funds and schedule of payments over the life of this
Amending Agreement.
Year Schedule of Fund Payments
Julv 15th November 1Sth
2010 $103,175.36 $103,175.36
2011 $103,175.36 $103,175.36
2012 $103.175.36 $103,175.36
2013 $103,175.36 $103,175.36
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SCHEDULE H
T REAS U RER'S CE RTI F I CAT E
To the Association of Municipalities of Ontario
As the Treasurer of the Corporation of <INSERT MUNICIPAL NAME>, I acknowledge that for
the 20_ Municipal Fiscal Year, there were no Eligible Cosfs incurred for Eligible Proiects
under the Agreement.
I confirm that the Corporation of <INSERT MUNICIPAL NAME> received its Federal Gas Tax
allocation for the 20- Municipal FiscalYearwithin the terms and conditions specified in
section 6.4 of the Agreement.
I also confirm that the carry-over of unexpended Funds followed the terms and conditions of
section 6.5 of the Agreement. Specifically, the interest earned on unspent funds has been
calculated on a reasonable basis, the interest was calculated on a similar basis as other
reserye and reserve funds, and that the interest rate used is comparable to the one used for
other reserve funds which are required to earn interest.
I also confirm that the title to Municipal lnfrastructure resulting from Eligible ProT'ecfs is
retained by the Corporation of <INSERT MUNICIPAL NAME> as specified under section 11.1
of the Agreement.
As the duly appointed Treasurer of the Corporation of <INSERT MUNICIPAL NAME> I
hereby certify that, as at December 31 ,20-, activity related to the Municipal Funding. Agreement for the Transfer of Federal Gas Tax Revenues Under the New Deal for Cities and
Communities dated <INSERT DATE ON MFA> between the Association of Municipalities of
Ontario and the <INSERT MUNICIPAL NAME>, has been conducted within the terms and
conditions set out in the Agreement.
Name:
Title:
<INSERT MUNICIPAL NAME>
Date
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THIS AMENDING AGREEMENT made in duplicate this day of
BETWEEN:
2010.
THE ASSOCIATION OF MUNICIPALITIES OF ONTARIO
(referred to herein as "AMO")
-and-
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
(referred to herein as the "Recipient")
WHEREAS Canada, Ontario and Ontario municipalities, as represented by AMO and
Toronto entered into an Agreement for the Transfer of Federal Gas Tax Revenues Under the
New Deal for Cities and Communities on June 17,2005 (amended on June 20,2007) (lhe
"Canada-Ontario-AMO-Toronto Agreement"), whereby AMO agreed to administer funds on
behalf of Ontario municipalities made available pursuant to the Canada-Ontario-AMO-
Toronto Agreement on behalf of Canada;
WHEREAS the Canada-Ontario-AMO-Toronto Agreement outlines a framework for the
transfer of funds to Ontario municipalities, represented by AMO and Toronto with stable,
reliable and predictable funding for environmentally sustainable infrastructure purposes;
WHEREAS Canada, Ontario and Ontario municipalities, represented by AMO and
Toronto have amended the Canada-Ontario-AMO-Toronto Agreement on September 3,
2008, in order to confirm municipalities' Gas Tax Fund allocations to 2014;
AND WHEREAS AMO and the Recipient have previously entered into a Municipal
Funding Agreement for the Transfer of Federal Gas Tax Revenues Under the New Deal for
Citíes and Communities;
NOW THEREFORE this Amending Agreement witnesseth that:
1. The preamble forms an integral part of this Amending Agreement.
2. Terms not defined in this Amending Agreernent have the meanings assigned in the
Municipal Funding Agreement For the Transfer of Federal Gas Tax Revenues
Under The New Deal for Cities and Communities.
a. Audit Statement definition is deleted and replaced as follows:
"Audit Statement" means 'a written audit statement to be prepared and
delivered to AMO as set out in section 7.1h hereto.
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b. End of Funds definition is deleted and replaced as follows:
"End of Funds" means March 31,2014.
c. Infrastructure Program definition is deleted and replaced as follows:
"lnfrastructure Program" means Canada's infrastructure programs in
existence at the time of the execution of this Agreement.
d. Large Municipalifies definition is deleted and replaced as follows:
"Large Municipalities" means those Municipalities with a 2006 National
Census data population of 500,000 or more including the Regional
Municipalities of Durham, Peel and York and the Cities of Hamilton,
Mississauga and Ottawa.
e. Treasurer definition is added:
"Treasure/' means a municipal treasurer as defined in subsection 286(1) of the
Municipal Act, 2001 (Ontario).
f. Treasurer's Certificafe definition is added:
"Treasurer's Gertificate" means a written statement by the Treasurer to be
prepared and delivered to AMO as set out in section 7.1i hereto and in the form
identified in Schedule H attached.
3. Section 2.1 is deleted and replaced as follows:2.1. Term. Subject to any extension or termination of this Agreement or the
survival of any of the provisions of this Agreemenf pursuant to the provisions
contained herein, this Agreement shall be in effect from the date set out on the first
page of this Agreemenf, up to and including March 31,2015.
4. Section 3.1c is deleted and replaced as follows:
c. ensure that there is no reduction in capital funding provided by Municipalities for
M u n icipal I nfrastru ctu re.
5. Section 3.1d is deleted and replaced as follows:
d. ln the case of Recipients that are Municipalities in excess of 100,000 in
population, ensure that over the period of January 1, 2010 to March 31, 2014 the
Recipient's capital spending on Municipal lnfrastructure shall notfall below its Base
Amount; and,
6. Section 3.1e is added:
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7.
8.
e. ensure any of its contracts for the supply of services or materials to implement
its responsibilities under this Agreement shall be awarded in a way that is
transparent, competitive, consistent with value for money principles and pursuant
to its adopted procurement policy.
Section 4.2is deleted and replaced asfollows:4.2. Exception. For Large Municipalities, the list of eligible categories shall
consist of no more than two (2) of the categories in Section 4.1 a. b f .
Section 5.4 is deleted and replaced as follows:5.4. Retention of Receipts. The Recþrenf shall retain all evidence (such as
invoices, receipts, etc.) of payments related to Eligible Cosfs and such supporting
documentation must be available to Canada when requested and maintained by
the Recþientfor audit purposes in accordance with the municipal records retention
by-law.
Section 6.7 is deleted and replaced as follows:6.7. Expenditure of Funds. The Recipíent shall expend all Funds by
December 31,2016.
Section 6.8 is deleted and replaced as follows:6.8. GST and HST. The use of Funds is based on the net amount of goods
and services tax or harmonized sales tax to be paid by the Recipient pursuant to
the Excise Tax Act (Canada) net of any applicable rebates.
Section 7.1h is deleted and replaced as follows:
h. an annual Audit Statement, if Funds were applied to Eligible Cosfs incurred for
Eligible Projects in respect of the previous Municipal Fiscal Year. An annual Audit
Statement is to be prepared by the Recipient's auditor in accordance with section
5815 of the Canadian lnstitute of Chartered Accountants Handbook - Special
Reports Audit Reports on Compliance With Agreements, Statutes and
Regulations, providing assurance that the terms of the Agreemenf have been
adhered to and Funds received by the Recipient have been spent in accordance
with the Agreement;
Section 7.1i is added:i. a Treasurer's Certificate, if Funds were not applied to Eligible Cosfs incurred for
Eligible Projects in respect of the previous Municipal Fiscal Year. A Treasurer's
Certificate is to be prepared by the Recipient's Treasurer, providing assurance that
activity related to sections 6.4, 6.5, and 11 has been conducted within the terms
and conditions of the Agreement.
Section 7.2 is deleted and replaced as follows:7.2. Outcomes Repor{. The Recþrenf shall account in writing for outcomes
9.
10.
11.
12.
13.
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14.
achieved as a result of the Funds through an Outcomes Report to be submitted to
AMO upon completion of an Eligible Project and to be made available publicly in
manner consistent with financial reporting under the Municipal Act, 2001 5.O.2001
c.25 by March 31't of the following Municipat Fiscal Year.
a. The Recþ ient's Outcomes Report shall report in writing on the cumulative
investments made, in a manner to be provided by AMO, including information
on the degree to which these investments have actually contributed to the
objectives of cleaner air, cleaner water and reduced greenhouse gas emissions.
Sectíon 9.2 is deleted and replaced as follows:
9.2. Separate Records. The Recþrenf shall maintain separate records and
documentation for the Funds and keep all records including invoices, statements,
receipts and vouchers in respect of Eligible Projects thal Funds are paid in respect
of in accordance with the municipal records retention by-law. Upon reasonable
notice, the Recþienf shall submit all records and documentation relating to the
Funds to Canada for inspection or audit.
Notwithstanding the date of execution of this Amendment Agreement, the
provisions of this Amending Agreement are in effect as of January 1, 2010 and
continue in effect for the duration of the term of the Municipal Funding Agreement
For the Transfer of Federal Gas Tax Revenues Under The New Deal for Cities and
Communities.
Section 14.3 is deleted and replaced as follows:14.3. Addresses for Notice. Further to Section 14.1 of this Agreement,
notice can be given at the following addresses:
a. lf to AMO:
Executive Director
Federal Gas Tax Agreement
Association of Municipalities of Ontario
200 University Avenue, Suite 801
Toronto, ON MsH 3C6
Telephone: 416-97 1-9856
Facsimile: 416-97 1-61 91
Email: oastax@amo.on.ca
15.
16.
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Page 174 of 254
b. lf to the Recipient:
Kyle Kruger
Administrator
Municipality of Bayham
P. O, Box 160
Straffordville, ON NOJ 1Y0
Telephone: (51 9) 866-5521
Facsimile: (51 9) 866-3884
Email: kkruger@bayham.on.ca
17. Section 15.4 is deleted and replaced with the following:
15.4 Survival. The following schedules, sections and provisions of this
agreement shall survive the expiration or early termination hereof: Sections 5, 6.7,
7,9.3, 10.4, 10.5, 1 1 , 12.3, 15.7, and Schedule G.
18. Section 16.1 , Schedule A is amended as attached.
19. Section 16.1 , Schedule H is added as attached.
20. Except as amended herein, the provisions of the Municipal Funding Agreement For
the Transfer of Federal Gas Tax Revenues Under The New Deal for Cities and
Communities remain in fullforce and effect.
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Page 175 of 254
lN WITNESS WHEREOF this Agreemenf has been executed by the duly authorized officers
of the parties hereto as of the date first above written.
RECIPIENTS NAME: THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
By:
orporate Name:eal Title:
Date
Name:
Title:
Date
THE ASSOCIATION OF MUNICIPALITIES OF ONTARIO
By:
Title: Executive Director
ln the presence of:
Witness
Title: Director of Administration
and Business Development
Date
ffix
orporate
eal
Date
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SCHEDULE A
SCHEDULE OF FUND PAYMENTS
RECIPIENT'S NAME: The Corporation of the Municipality of Bayham
The following represents the minimum Funds and schedule of payments over the life of this
Amending Agreement.
Year Schedule of Fund Payments
Julv lSth November 1Sth
2010 $103.175.36 $103,i 75.36
2011 $103.175.36 '$103,175,36
2012 $103.175.36 $103,175.36
2013 $103,175.36 $103,175.36
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SCHEDULE H
TREASU RER'S CERTI FI CATE
To the Association of Municipalities of Ontario
As the Treasurer of the Corporation of <INSERT MUNICIPAL NAME>, I acknowledge that for
the 20_ Municipal Fiscal Year, there were no Eligible Cosfs incurred lor Eligible Projects
under the Agreement.
I confirm that the Corporation of <INSERT MUNICIPAL NAME> received its Federal Gas Tax
allocation for the 20- Municipal Fiscal Year within the terms and conditions specified in
section 6.4 of the Agreement.
I also confirm that the carry-over of unexpended Funds followed the terms and conditions of
section 6.5 of the Agreement. Specifically, the interest earned on unspent funds has been
calculated on a reasonable basis, the interest was calculated on a similar basis as other
reserve and reserve funds, and that the interest rate used is comparable to the one used for
other reserve funds which are required to earn interest.
I also confirm that the title to Municipal lnfrastructure resulting from Eligible Projects is
retained by the Corporation of <INSERT MUNICIPAL NAME> as specified under section 11.1
of the Agreement.
As the duly appointed lreasurer of the Corporation of <INSERT MUNICIPAL NAME> I
hereby certify that, as at December 31 ,20-, activity related to the Municipal Funding
Agreement for the Transfer of Federal Gas Tax Revenues Under the New Deal for Cities and
Communities dated <INSERT DATE ON MFA> between the Association of Municipalities of
Ontario and the <INSERT MUNICIPAL NAME>, has been conducted within the terms and
conditions set out in the Agreement.
Name:
Title:
<INSERT MUNICIPAL NAME>
Date
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THE CORPORATION OF THE
MUNICIPALITY OF BAYHAM
BY-LAW NO. 2010-021
BEING A BY.LAW TO AUTHORIZE THE MAYOR AND
CLERK TO EXECUTE A LEASE AGREEMENT BETWEEN
THE MUNICIPALITY AND RONALD BRADFIELD,
BRADCRANEX INC. FOR THE LEASE OF LAI\DS
DESCRIBED AS PART OF LOT 11, CONCESSION 1 IN
THE MUNICIPALITY OF BAYHAM (FORMERLY
VTLLAGE OF PORT BUR\ilELL), COUNTY OF ELGIN
AND RENTAL OF THE MUNICIPAL FINGER DOCKS
WHEREAS Ronald Bradfield, Bradcranex Inc. has provided a proposal to lease and operate
Municipal facilities known as the Municipal Boat Launch and Black Docks, located in Part of
Lot 11, Concession I in the Municipality of Bayham (formerly Village of Port Burwell) located
opposite Part 7 on Plan 11R-990, and to rent the municipal owned finger docks, in accordance
with the Request for Proposal issued by the Municipality of Bayham;
AND \ilHEREAS the Council of the Corporation of the Municipality of Bayham deems it
necessary and expedient to enter into such lease agreement.
THEREF'ORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY
OF BAYHAM ENACTS AS FOLLOWS:
1. THAT the Agreement attached hereto as Schedule "4" and formingpart of this By-law
between the Corporation of the Municipality of Bayham and Ronald Bradfield,
Bradcranex Inc. be and same is hereby approved.
2. THAT the Mayor and Clerk be hereby authorized to execute the attached agreement
marked as Schedule I'Arr on behalf of the Corporation.
READ A FIRST AND SECOND TIME this 4th day of March 2010.
READ A THIRD TIME AND FINALLY PASSED this 4th day of March, 2010.
MAYOR CLERK
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THIS LEASE AGREEMENT made in triplicate this day of 2010
BETWEEN:
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
(Hereinafter called the "Municipality")
OF THE FIRST PART
And
RONALD BRADFIELD, BRADCRANEX INC.
(Hereinafter called the "Lessee")
OF THE SECOND PART
IN CONSIDERATION of the mutual covenants in this Lease agreement the parties agree
as follows:
1.01 Terms Defined
In this Agreement:
"Leased Premises" means the lands described in Schedule "B", including the area
described as the black dock, boat launch, parking for boats and trailers forming part of
this agreement and finger docks.
2.01 Term
The Lessee shall have the right to use the leased premises for and during the term, which
shall be for the period May 1, 2010 to and including September 30, 2010.
3.01 Payment
The Lessee will pay to the Corporation of the Municipality of Bayham a total lease fee in
the amount of $600.00 on or before September 30,2010.
4.01 The Lessee Covenants with the Municipality as follows:
Ð To use the Leased Premises for the purpose of renting out boat slips and
launching of boats along with the sale of gas, confections only and other products
associated with the use of the leased premises (does not include mobile food
booths selling hotdogs, french fries and similar foodstuffs).
iÐ To pay the lease fee without demand.
iiÐ To obtain all necessary approvals from the Coast Guard and any other authority
with respect to the placement of the finger docks; maintain in good repair the
Municipality's docks and to return those docks to the municipalþ at the end of
the term, in the same condition as the lessee received them. Place and remove the
docks with a crane in order to ensure minimal damage. Should any dock(s)
become damaged beyond repair, or lost, when in the possession and use of the
Lessee, howsoever caused, the Lessee agrees to replace such dock(s) to the
Municipality's satisfaction or to pay to the Municipality a sum of money as
compensation, which sum shall be the replacement cost of the dock(s) as
determined at the sole discretion of the Municipality. Upon the removal of the
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docks they are to be placed and stored in a location and manner satisfactory to the
Municipality.
iv) To be responsible for the rental of space to Charter Boats utilizing the Black Dock
for the 2010 season and to ensure that only paid boaters are permitted to utilize
the Black Dock.
v) To acknowledge that all facilities are being leased on an "as is" basis and that no
improvements will be made by the Municipality. Further, that the Lessee agrees
to have all boaters either launching from the municipal boat launch, utilizing the
finger docks or the Black Dock sign a waiver form to be supplied by the
Municipality. Said waiver form shall release the Lessee, the Municipality and the
owner of the said lands from all claims resulting from injury or damage caused
while using the said facilities. The Lessee shall keep the original executed waiver
forms to be submitted to the Municipality at the end of the term of the Lease.
Any boater utilizing the facility (ies) on more than one occasion is only required
to the sign the waiver form once for the season.
vi) Workplace Safety & Insurance Board
If the nature of the Lessee's operation is such as to place all or any of its
employees under the coverage of the Workplace Safety Insurance or similar
statutes, the Lessee also will keep in force, at its expense, during the term,
Worþlace Safety Insurance or similar insurance affording statutory coverage and
containing statutory limits.
5.01 InsurancePolicies
Each insurance policy referred to herein will:
a) name the Municipality and any persons, firms or corporations designated by the
Municipality as additional named insureds as their interest may appear; and
provide to the Municipality proof of liability insurance in the amount of
$1,000,000.00 (one million dollars); and,
b) contain, if available and as appropriate, a waiver of rights of subrogation against
the Municipality and the Lessee, or a cross-liability clause protecting the
Municipality and other insureds designated by it against claims as if the
Municipality were separately insured; and,
c) contain a clause that the insurer will not cancel or change or refuse to renew the
insurance without first giving the Municipality thirty (30) days prior written
notice; and
d) all policies of insrnance will be with insurers acceptable to the Municipality and
in a form satisfactory to the Municipality, and the Lessee will see that there is
delivered to the Municipality copies of certificates of the policies. If the Lessee
fails to take out or keep in force any policy of insurance referred to herein, the
Municipality may do so and pay the premiums, and in that event the amount so
paid as premiums plus ten percent (10%) for overhead shall be due and payable as
Rent in arrears; and,
e) all policies will be kept in force throughout the term and during such other time as
the Lessee occupies the Leased Premises or any part thereof.
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6.01 Indemnifîcation of the Municipality
The Lessee 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 properly arising from any occuffence on the Leased
Premises or the occupancy or use of the Leased Premises or occasioned wholly or in part
by an act or omission of the Lessee, its officers, employees, agents, customers,
contractors or other invitees, lessees or concessionaires or by anyone permitted by the
Lessee to be on the premises. In case the Municipality, without actual (as opposed to
merely vicarious) fault on its part, is made a party to litigation begun by or against the
Lessee, excepting a bona fide action by the Lessee against the Municipality, the Lessee
will protect and hold the Municipality harmless and will pay all costs, expenses and
reasonable legal fees incurred or paid by the Municipality in connection with the
litigation.
7.01 Nuisance and Garbage
The Lessee agrees not to cause, permit or suffer any unusual or objectionable noises or
odors to emanate from the Leased Premises. The Lessee shall deposit all garbage, debris,
trash and refuse from the areas in approved containers as designated by the Municipality.
Garbage, debris, trash and refuse disposal shall be the responsibility of the lessee. If
garbage, debris, trash and refuse is not disposed of in a timely fashion, it shall be picked
up by the municipal authorities at the expense of the Lessee, at a rate of $100.00 per
occuffence.
8.01 Costs
The Lessee agrees to pay to the Municipality all costs incurred including all legal fees (on
a solicitor and his own client basis) and disbursements incurred in enforcing aîy
covenants contained in this Lease or in the event that the Lessee fails to perform its
obligations and the Municipality assumed those obligations pursuant to the terms of this
agreement, or with respect to any other litigation arising from this agreement.
9.01 Compliance with Legislation
The Lessee agrees to observe and fulfil the lawful provisions and requirements of all
statutes, by-laws rules and regulations, municipal, provincial or federal, relating to the
Leased Premises, and, in particular and, without limiting the generality of the foregoing,
shall maintain all equipment and apparatus now installed or required to be installed from
time to time by any authority on the Leased Premises'
10.01 Operating and Managing Leased Premises
The Lessee agrees to be responsible for operating and managing the Leased Premises
including providing health facilities þortable toilets) as required, repairs to existing
ramps and docks as required, keep the area clean and clear of garbage including disposal
thereof.
11.01 The Municipality covenants with the Lessee as follows:
D To permit the Lessee to use the docks owned by the Municipality, for the purpose
ofrenting out docking spaces to boat users;
iÐ To permit the Lessee to charge and collect fees for boat docking and boat
launching, as the Lessee shall determine in its discretion;
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iii) To permit the Lessee to manage and operate the Leased Premises as they see fit,
so long as the Lessee is in compliance with the terms of this agreement and all
applicable laws.
12.01 The Municipality and Lessee mutually agree as follows:
i) Re-entry
That the Municipality has a right of re-entry on non-payment of lease fee or non-
performance of covenants, subject to the provisions of this Lease.
ii) Failure to Pay Lessee Fee or Observe Covenants
If the Lessee fails to pay any installment of the licence fee or additional Lease
fees payable herein then the Lease granted shall be terminated and the rights
hereby granted to the Lessee hereunder shall thereupon immediately cease and
expire.
iir) Right of Entry to Perform Covenants
That if the Lessee shall default in the performance of any covenant in this Lease
other than the payment of the lease fee, and if such default shall continue for ten
(10) days after written notice thereof to the Lessee, the Municipality may perform
that covenant on the Lessee's behalf and may enter the Leased Premises for that
purpose, and the Municipality shall not be liable to the Lessee for any loss or
damage to the Lessee's property or business caused by so doing.
rÐ Signs
That the Lessee shall have the right to place a sign or signs setting out the name
and business of the Lessee, provided that it shall first have obtained the
Municipality's consent in writing, such consent not to be unreasonably withheld,
as to the specifications and location therefore, and provided the sign or signs
conform to all municipal regulations and by-laws.
13.01 The Municipality and Lessee mutually agree as follows: (continued)
v) No Waiver
That the waiver by the Municipality or the Lessee of a breach of a term, covenant
or condition of this Lease will not be considered to be a waiver of a subsequent
breach of the term, covenant or condition or of another term, covenant or
condition. The subsequent acceptance of lease fees by the Municipality will not
be considered to be a waiver of a preceding breach by the Lessee of a term,
covenant or condition of this Lease, and regardless of the Municipality's
knowledge of the preceding breach, it will not be considered to have been waived
by the Municipality or by the Lessee unless the waiver is in writing signed by the
Municipality or by the Lessee, as the case may be.
vi) Assignment
The Lessee may not sublet or assign or transfer its interest in this Lease without
securing the written consent of the Municipality, which consent may not be
unreasonably and arbitrarily refused by the Municipality.
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vii) Notice
That all notices which it may be necessary or proper for either party to serve upon
the other shall be effectively served if sent postage prepaid to the following
addresses, or alternatively, served personally:
LESSEE'S ADDRESS
Ronald BradJÍeld
Bradcranex Inc.
P.O. Box 59
Port Burwell, Ontørío NQJ 1T0
MUNICIPALITY'S ADDRESS
Municípality of Bayhøm
PO Box 160,9344 Plank Rd
Straffirdville ON N0I lYO
All notices so mailed shall be deemed to have been received on the third business day after
mailing provided that each parfy may from time to time specifu in writing a new address to
which any such notice shall thereafter and until further notice be sent.
In Witness Whereof the parties hereto have hereunto set their hands and seals.
CORPORATION OF THE MT]NICIPALITY OF BAYHAM
MAYOR Date
CLERK Date
BRADCRÄ.NEX INC.
Ronald Bradfield
Date:
Witness
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Page 184 of 254
CORPORATION OF THE
MTJNICIPALITY OF BAYHAM
BY-LAW NO. 2010-022
A BY.LAW TO AUTHORIZE THE EXECUTION
OF A¡[ AMENDING AGREEMENT TO THE
MUNICIPAL FUNDING AGREEMENT BETWEEN THE
MUNICIPALITY OF BAYIIAM
AND
THE ASSOCIATION OF MUNICIPALITIES OF ONTARIO
\ilHEREAS the Govemment of Canada Province of Ontario, and Association of Municipalities of
Ontario executed an extension to the Agreement For the Transfer of Federal Gas Tax Revenues
September 3,2008;
AND WHEREAS pursuant to the said agreement, AMO is carrying out the fund administration;
AND WHEREAS the Municipality of Bayham entered into a Municipal Funding Agreement
with the Association of Municipalities of Ontario as authorized by By-law No. 2005-1 10 adopted
by Council November l7th,2005;
AND \ryHEREAS Municipalities are required to enter into an amended Municipal Funding
Agreement with AMO to enable transfer of funds;
AND \ilHEREAS the Council of the Corporation of the Municipality of Bayham deems it
necessary and expedient to enter into an amended Municipal Funding Agreement with AMO in
order to participate in the transfer of federal gas tax.
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE
MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS:
1.THAT the Mayor and Clerk be and they are hereby authorized and directed to execute
the Amending Agreement attached hereto as Schedule "4" and forming part of this by-
law, between the Corporation of the Municipality of Bayham and The Association of
Municipalities of Ontario, being a Municipal Funding Agreement for the Transfer of
Federal Gas Tax Revenues.
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 MARCH,2010.
2.
MAYOR CLERI(
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By-Law 2010-022 A By-Law to authorize the execution of an
amending agreement (Association of Municipalities of Ontario)
Page 186 of 254
THIS AMENDING AGREEMENT made in duplicate this day of
BETWEEN:
2010.
THE ASSOCIATION OF MUNICIPALITIES OF ONTARIO
(referred to herein as "AMO")
-and-
THE CORPORATION OF THE MUNICIPALIW OF BAYHAM
(referred to herein as the "Recipient")
WHEREAS Canada, Ontario and Ontario municipalities, as represented by AMO and
Toronto entered into an Agreement for the Transfer of Federal Gas Tax Revenues Under the
New Deal for Cities and Communities on June 17, 2005 (amended on June 20, 2007) (the
"Canada-Ontario-AMO-Toronto Agreement"), whereby AMO agreed to administer funds on
behalf of Ontario municipalities made available pursuant to the Canada-Ontario-AMO-
Toronto Agreement on behalf of Canada;
WHEREAS the Canada-Ontario-AMO-Toronto Agreement outlines a framework for the
transfer of funds to Ontario municipalities, represented by AMO and Toronto with stable,
reliable and predictable funding for environmentally sustainable infrastructure purposes;
WHEREAS Canada, Ontario and Ontario municipalities, represented by AMO and
Toronto have amended the Canada-Ontario-AMO-Toronto Agreement on September 3,
2008, in order to confírm municipalities' Gas Tax Fund allocations to 2014;
AND WHEREAS AMO and the Recipient have previously entered into a'Municipal
Funding Agreement for the Transfer of Federal Gas Tax Revenues Under the New Deal for
Cities and Communities;
NOW THEREFORE this Amending Agreement witnesseth that:
1. The preamble forms an integral part of this Amending Agreement.
2. Terms not defined in this Amending Agreement have the meanings assigned in the
Municipal Funding Agreement For the Transfer of Federal Gas Tax Revenues
Under The New Deal for Cities and Communities.
a. Audít Statement definition is deleted and replaced as follows:
"Audit Statement" means a written audit statement to be prepared and
delivered to AMO as set out in section 7.1h hereto.
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b. End of Funds definition is deleted and replaced as follows:
"End of Funds" means March 31,2014.
c. Infrastructure Program definition is deleted and replaced as follows:
"lnfrastructure Program" means Canada's infrastructure programs in
existence at the time of the execution of this Agreement.
' d. Large Municipalifies definition is deleted and replaced as follows:
"Large Municipalities" means those Municipalities with a 2006 National
Census data population of 500,000 or more including the Regional
Municipalities of Durham, Peel and York and the Cities of Hamilton,
Mississauga and Ottawa.
e. Treasurer definition is added:
"Treasure/' means a municipal treasurer as defined in subsection 286(1) of the
Municipal Act, 2001 (Ontario).
f. Treasurer's Certificafe definition is added:
"Treasurer's Certificate" means a written statement by the Treasurer to be
prepared and delivered to AMO as set out in section 7.1i hereto and in the form
identified in Schedule H attached.
3. Section 2.1 is deleted and replaced as follows:2.1. Term. Subject to any extension or termination of this Agreement or the
survival of any of the provisions of this Agreemenf pursuant to the provisions
contained herein, this Agree ment shall be in effect from the date set out on the first
page of this Agreemenf, up to and including March 31,2015.
4. Section 3.1c is deleted and replaced as follows:
c. ensure that there is no reduction in capital funding provided by Municipalities for
M u n ici pal I nfrastructure.
5. Section 3.1d is deleted and replaced as follows:
d. fn the case of Recipients that are Municipalities in excess of 100,000 in
population, ensure that over the period of January 1, 2010 to March 31, 2014 the
Recipient's capital spending on Municipal lnfrastructure shall not fall below its Base
Amount; and,
6. Section 3.1e is added:
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7.
8.
e. ensure any of its contracts for the supply of services or materials to implement
its responsibilitíes under this ,Agreement shall be awarded in a way that is
transparent, competitive, consistent with value for money principles and pursuant
to its adopted procurement policy.
Section 4.2 is deleted and replaced as follows:4.2. Exception. For Large Municipalifies, the list of eligible categories shall
consist of no more than two (2) of the categories in Section 4.1 a. to f .
Section 5.4 is deleted and replaced as follows:5.4. Retention of Receipts. The Recþrenf shall retain all evidence (such as
invoices, receipts, etc.) of payments related lo Eligible Cosfs and such supporting
documentation must be available to Canada when requested and maintained by
the Recþientfor audit purposes in accordance with the municipal records retention
by-law.
Section 6.7 is deleted and replaced as follows:6.7. Expenditure of Funds. The Recipient shall expend all Funds by
December 31,2016.
Section 6.8 is deleted and replaced as follows:6.8. GST and HST. The use of Funds is based on the net amount of goods
and services tax or harmonized sales tax to be paid by the Recipient pursuant to
the Excise Tax Act (Canada) net of any applicable rebates.
Section 7.1h is deleted and replaced as follows:
h.. an annual Audit Statement, if Funds were applied to Eligible Cosfs incurred for
Eligible Projects in respect of the previous Municipal Fiscal Year. An annual Audit
Statement is to be prepared by the Recipient's auditor in accordance with section
58'15 of the Canadian lnstitute of Chartered Accountants Handbook - Special
Reports Audit Reports on Compliance With Agreements, Statutes and
Regulations, providing assurance that the terms of the Agreemenf have been
adhered to and Funds received by the Recipient have been spent in accordance
with the Agreementi
Section 7.1i is added:i. a Treasurer's Certificate, if Funds were not applied to Eligible Cosfs incurred for
Eligible Projects in respect of the previous Municipal Fiscal Year. A Treasurer's
Certificate is to be prepared by the Recipient's Treasurer, providing assurance that
activity related to sections 6.4, 6.5, and 11 has been conducted within the terms
and conditions of the Agreement.
Section 7.2 is deleted and replaced as follows:7.2. Outcomes Repoñ. The Recþienf shall account in writing for outcomes
9.
10.
11.
12.
13.
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14.
achieved as a result of the Funds through an Outcomes Report to be submitted to
AMO upon completion of an Eligible Project and to be made available publicly in
manner consistent with financial reporting under the Municipal Act, 2001 5.O.2001
c.25 by March 31't of the following Municipat Fiscal Year.
a. The Recþ ient's Outcomes Report shall report in writing on the cumulative
investments made, in a manner to be provided by AMO, including information
on the degree to which these investments have actually contributed to the
objectives of cleaner air, clêaner water and reduced greenhouse gas emissions.
Section 9.2 is deleted and replaced as follows:
9.2. Separate Records. The Recþienf shall maintain separate records and
documentation for the Funds and keep all records including invoices, statements,
receipts and vouchers in respect of Eligible Projects thal Funds are paid in respect
of in accordance with the municipal records retention by-law. Upon reasonable
notice, the Recþrenf shall submit all records and documentation relating to the
Funds to Canada for inspection or audit.
Notwithstanding the date of execution of this Amendment Agreement, the
provisions of this Amending Agreement are in effect as of January 1, 2010 and
continue in effect for the duration of the term of the Municipal Funding Agreement
For the Transfer of Federal Gas Tax Revenues Under The New Deal for Cities and
Communities.
Section 14.3 is deleted and replaced as follows:14.3. Addresses for Notice. Further to Section 14.1 of this Agreement,
notice can be given at the following addresses:
a. lf to AMO:
Executive Director
Federal Gas Tax Agreement
Association of Municipalities of Ontario
200 University Avenue, Suite 801
Toronto, ON MsH 3C6
Telephone : 41 6-97 1-9856
Facsimile: 416-97 1-61 91
Email: oastax@amo.on.ca
15.
16.
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b. lf to the Recipient:
Kyle Kruger
Administrator
Municipality of Bayham
P. O. Box 160
Straffordville, ON NOJ 1Y0
Telephone: (51 9) 866-5521
Facsimile: (51 9) 866-3884
Email: kkruger@bayham.on.ca
17. Section 15.4 is deleted and replaced with the following:15.4 Survival. The following schedules, sections and provisions of this
agreement shall survive the expiration or early termination hereof: Sections 5,6.7,
7 , 9.3, 10.4, 10.5, 1 1, 12.3, 15..7, and Schedule G.
18. Section 16.1, Schedule A is amended as attached.
19. Section 16.1 , Schedule H is added as attached.
20. Except as amended herein, the provisions of the Municipal Funding Agreement For
the Transfer of Federal Gas Tax Revenues Under The New Deal for Cities and
Communities remain in fullforce and effect.
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lN WITNESS WHEREOF this Agreemenf has been executed by the duly authorized officers
of the pafties hereto as of the date first above written.
RECIPIENI,S NAME: THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
By:
Dateorporate Name:eal Tifle:
Title: Executive Director
ffix
orporate
eal
ln the presence of:
Name:
Title:
Date
THE ASSOCIATION OF MUNICIPALITIES OF ONTARIO
By:
Date
Witness
Title: Director of Administration
and Business Development
Date
By-Law 2010-022 A By-Law to authorize the execution of an
amending agreement (Association of Municipalities of Ontario)
Page 192 of 254
SCHEDULE A
SCHEDULE OF FUND PAYMENTS
RECIPIENT'S NAME: The Corporation of the Municipality of Bayham
The following represents the minimum Funds and schedule of payments over the life of this
Amending Agreement.
Year Schedule of Fund Payments
Julv 1Sth November 15th
2010 $103.175.36 $103,175.36
2011 $103,1 75.36 $103,175.36
2012 $103.175.36 $103,1 75.36
2013 $103,1 75.36 $103,175.36
By-Law 2010-022 A By-Law to authorize the execution of an
amending agreement (Association of Municipalities of Ontario)
Page 193 of 254
SCHEDULE H
T REAS U RER'S CE RTI F I CATE
To the Association of Municipalities of Ontario
As the Treasurer of the Corporation of <INSERT MUNICIPAL NAME>, I acknowledge that for
the 20_ Municipal Fiscal Year, there were no Eligible Cosfs incurred for Eligible Proiects
under the Agreement.
I confirm that the Corporation of <INSERT MUNICIPAL NAME> received its Federal Gas Tax
allocation for the 20- Municipal Fiscal Yearwithin the terms and conditions specified in
section 6.4 of the Agreement.
I also confirm that the carry-over of unexpended Funds followed the terms and conditions of
section 6.5 of the Agreement. Specifically, the interest earned on unspent funds has been
calculated on a reasonable basis, the interest was calculated on a similar basis as other
reserve and reserve funds, and that the interest rate used is comparabfe to the one used for
other reserye funds which are required to earn interest.
I also confirm that the title to Municipal Infrastructure resulting from Eligible Proiects is
retained by the Corporation of <INSERT MUNICIPAL NAME> as specified under section 11.1
of the Agreement.
As the duly appointed lrea surer of the Corporation of <INSERT MUNICIPAL NAME> I
hereby cedify that, as at December 31,20-, activity related to the Municipal Funding. Agreement for the Transfer of Federal Gas Tax Revenues Under the New Deal for Cities and
Communities dated <INSERT DATE ON MFA> between the Association of Municipalities of
Ontario and the <INSERT MUNICIPAL NAME>, has been conducted within the terms and
conditions set out in the Agreement.
Name:
Title:
<INSERT MUNICIPAL NAME>
Date
By-Law 2010-022 A By-Law to authorize the execution of an
amending agreement (Association of Municipalities of Ontario)
Page 194 of 254
THIS AMENDING AGREEMENT made in duplicate this
BETWEEN:
day of 2010.
fHE ASSOCIATION OF MUNIGIPALITIES OF ONTARIO
(referred to herein as "AMO")
-and-
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
(referred to herein as the "Recipient")
WHEREAS Canada, Ontario and Ontario municipalities, as represented by AMO and
Toronto entered into an Agreement for the Transfer of Federal Gas Tax Revenues Under the
New Deal for Cities and Communities on June 17, 2005 (amended on June 20, 2007) (the
"Canada-Ontario-AMO-Toronto Agreement"), whereby AMO agreed to administer funds on
behalf of Ontario municipalities made available pursuant to the Canada-Ontario-AMO-
Toronto Agreement on behalf of Canada;
WHEREAS the Canada-Ontario-AMO-Toronto Agreement outlines a framework for the
transfer of funds to Ontario municipalities, represented by AMO and Toronto with stable,
reliable and predictable funding for environmentally sustainable infrastructure purposes;
WHEREAS Canada, Ontario and Ontario municipalities, represented by AMO and
Toronto have amended the Canada-Ontario-AMO-Toronto Agreement on September 3,
2008, in order to confirm municipalities' Gas Tax Fund allocations to 2014;
AND WHEREAS AMO and the Recipient have previously entered into a Municipal
Funding Agreement for the Transfer of Federal Gas Tax Revenues Under the New Deal for
Cities and Communities;
NOW THEREFORE this Amending Agreement witnesseth that:
1. The preamble forms an integral part of this Amending Agreement.
2. Terms not defined in this Amending Agreernent have the meanings assigned in the
Municipal Funding Agreement For the Transfer of Federal Gas Tax Revenues
Under The New Deal for Cities and Communities.
a. Audit Statemenf definition is deleted and replaced as follows:
"Audit Statement" means 'a written audit statement to be prepared and
delivered to AMO as set out in section 7.1 h hereto.
By-Law 2010-022 A By-Law to authorize the execution of an
amending agreement (Association of Municipalities of Ontario)
Page 195 of 254
b. End of Funds definition is deleted and replaced as follows:
"End of Funds" means March 31, 2014.
c. lnfrastructure Program definition is deleted and replaced as follows:
"lnfrastructure Program" means Canada's infrastructure programs in
existence at the time of the execution of this Agreement.
d. Large Municipalities definition ís deleted and replaced as follows:
"Large Municipalities" means those Municipalities with a 2006 National
Census data population of 500,000 or more including the Regional
Municipalities of Durham, Peel and York and the Cities of Hamilton,
Mississauga and Ottawa.
e. Treasurer definition is added:
"Treasure/' means a municipal treasurer as defined in subsection 286(1) of the
Municipal Act, 2001 (Ontario).
f. Treasurer's Certificafe definition is added:
"Treasurer's Certificate" means a written statement by the Treasurer to be
prepared and delivered to AMO as set out in section 7.1 i hereto and in the form
identifíed in Schedule H attached.
3. Section 2.1 is deleted and replaced as follows:2.1. Term. Subject to any extension or termination of this Agreement or the
survival of any of the provisions of this Agreemenf pursuant to the provisions
contained herein, this Agreement shall be in effect from the date set out on the first
page of this Agree ment, up to and including March 31 , 2015.
4. Section 3.1c is deleted and replaced as follows:
c. ensure that there is no reduction in capital funding provided by Municipalities for
M u nici pal I nfra structure.
5. Section 3.1d is deleted and replaced as follows:
d. ln the case of Recipients that are Municipalifies in excess of 100,000 in
population, ensure that overthe period of January 1,2010 to March 31, 2014the
Recipient's capital spending on Municipal lnfrastructure shall not fall below its Base
Amount, and,
6. Section 3.1e is added:
By-Law 2010-022 A By-Law to authorize the execution of an
amending agreement (Association of Municipalities of Ontario)
Page 196 of 254
7.
8.
9.
10.
11.
e. ensure any of its contracts for the supply of services or materials to implement
its responsibilities under this Agreement shall be awarded in a way that is
transparent, competitive, consistent with value for money principles and pursuant
to its adopted procurement policy.
Section 4.2is deleted and replaced asfollows:4.2. Exception. For Large Municipalifles, the list of eligible categories shall
consist of no more than two (\ of the categories in Section 4.1 a. to f .
Section 5.4 is deleted and replaced as follows:5.4. Retention of Receipts. The Recþienf shall retain all evidence (such as
invoices, receipts, etc.) of payments related to Eligible Cosfs and such supporting
documentation must be available to Canada when requested and maintained by
the Recþientfor audit purposes in accordance with the municipal records retention
by-law.
Section 6.7 is deleted and replaced as follows:6.7. Expenditure of Funds. The Recipient shall expend all Funds by
December 31,2016.
Section 6.8 is deleted and replaced as follows:6.8. GST and HST. The use of Funds is based on the net amount of goods
and services tax or harmonized sales tax to be paid by the Recipient pursuant to
the Excise Tax Act (Canada) net of any applicable rebates.
Section 7.1h is deleted and replaced as follows:
h. an annual Audit Statement,if Funds were applied to Eligible Cosfs incurred for
Eligible Projects in respect of the previous Municipal Fiscal Year. An annual Audit
Statement is to be prepared by the Recipient's auditor in accordance with section
5815 of the Canadian lnstitute of Chartered Accountants Handbook - Special
Reports Audit Reports on Compliance With Agreements, Statutes and
Regulations, providing assurance that the terms of the Agreemenf have been
adhered to and Funds received by the Recipient have been spent in accordance
with the Agreement;
Section 7.1i is added:i. a Treasurer's Certificate, if Funds were not applied to Eligible Cosfs incurred for
Eligible Projects in respect of the previous Municipal Fiscal Year. A Treasurer's
Certificate is to be prepared by the Recipient's Treasurer, providing assurance that
activity related to sections 6.4, 6.5, and 11 has been conducted within the terms
and conditions of the Agreement.
Section 7 .2 is deleted and replaced as follows:7.2. Outcomes Reporf. The Recþlenf shall account in writing for outcomes
12.
13.
By-Law 2010-022 A By-Law to authorize the execution of an
amending agreement (Association of Municipalities of Ontario)
Page 197 of 254
14.
achieved as a result of the Funds through an Outcomes Report to be submitted to
AMO upon completion of an Eligible Project and to be made available publicly in
manner consistent with financial reporting under lhe Municipal Act, 2001 5.O.2001
c.25 by March 31't of the following Municipal Fiscal Year.
a. The Recþ ient's Outcomes Report shall report in writing on the cumulative
investments made, in a manner to be provided by AMO, including information
on the degree to which these investments have actually contributed to the
objectives of cleaner air, cleaner water and reduced greenhouse gas emissions.
Section 9.2 is deleted and replaced as follows:
9.2. Separate Records. The Recþrenf shall maintain separate records and
documentation for the Funds and keep all records including invoices, statements,
receipts and vouchers in respect of Eligible Projects that Funds are paid in respect
of in accordance with the municipal records retention by-law. Upon reasonable
notice, the Recþþnf shall submit all records and documentation relating to the
Funds to Canada for inspection or audit.
Notwithstanding the date of execution of this Amendment Agreement, the
provisions of this Amending Agreement are in effect as of January 1, 2010 and
continue in effect for the duration of the term of the Municipal Funding Agreement
For the Transfer of Federal Gas Tax Revenues Under The New Deal for Cities and
Communities.
Section 14.3 is deleted and replaced as follows:
14.3. Addresses for Notice. Further to Section 14.1 of this Agreement,
notice can be given at the following addresses:
a. lf to AMO:
Executive Director
Federal Gas Tax Agreement
Association of Municipalities of Ontario
200 University Avenue, Suite 801
Toronto, ON M5H 3C6
Telephone : 41 6-97 1-9856
Facsimile: 416-97 1-61 91
Email: qastax@amo.on.ca
15.
16.
By-Law 2010-022 A By-Law to authorize the execution of an
amending agreement (Association of Municipalities of Ontario)
Page 198 of 254
, b. lf to the Recipient:
Kyle Kruger
Administrator
Municipality of Bayham
P, O. Box 160
Straffordville, ON NOJ 1Y0
Telephone: (51 9) 866-5521
Facsimile: (51 9) 866-3884
Email: kkruger@bayham.on.ca
17. Section 15.4 is deleted and replaced with the following:15.4 Survival. The following schedules, sections and provisions of this
agreement shall survive the expiration or early termination hereof: Sections 5, 6.7,
7,9.3, 10.4, 10.5, 1 1, 12.3, 15.7, and Schedule G.
18. Section 16.1 , Schedule A is amended as attached.
19. Section 16.1 , Schedule H is added as attached.
20. Except as amended herein, the provisions of the Municipal Funding Agreement For
the Transfer of Federal Gas Tax Revenues Under The New Deal for Cities and
Communities remain in fullforce and effect.
By-Law 2010-022 A By-Law to authorize the execution of an
amending agreement (Association of Municipalities of Ontario)
Page 199 of 254
lN WITNESS WHEREOF this Agreemenf has been executed by the duly authorized officers
of the parties hereto as of the date first above written.
RECIPIENTS NAME: THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
By:
Dateorporate Name:eal Tifle:
Title: Executive Director
fflx
orporate
eal
ln the presence of:
Name:
Title:
Date
THE ASSOCIATION OF MUNICIPALITIES OF ONTAR¡O
By:
Date
Witness
Title: Director of Administration
and Business Development
Date
By-Law 2010-022 A By-Law to authorize the execution of an
amending agreement (Association of Municipalities of Ontario)
Page 200 of 254
SCHEDULE A
SCHEDULE OF FUND PAYMENTS
RECIPIENT'S NAME: The Corporation of the Municipality of Bayham
The following represents the minimum Funds and schedule of payments over the life of this
Amending Agreement.
Year Schedule of Fund Payments
Julv lSth November lSth
2010 $103,175.36 $103,175.36
2011 $103,175.36 '$r03.175.36
2012 $103,175.36 $103,175.36
2013 $103,1 75.36 $103,175.36
By-Law 2010-022 A By-Law to authorize the execution of an
amending agreement (Association of Municipalities of Ontario)
Page 201 of 254
SCHEDULE H
TREASU RER'S CERTI FICATE
To the Association of Municipalities of Ontario
As the Treasurer of the Corporation of <INSERT MUNICIPAL NAME>, I acknowledge that for
the 20_ Municipal Fiscal Year, there were no Eligible Cosfs incurred for Eligible Projects
under the Agreement.
I confirm that the Corporation of <INSERT MUNICIPAL NAME> received its Federal Gas Tax
allocation for the 20- Municipal Fiscal Year within the terms and conditions specified in
section 6.4 of the Agreement.
I also confirm that the carry-over of unexpended Funds followed the terms and conditions of
section 6.5 of the Agreement. Specifically, the interest earned on unspent funds has been
calculated on a reasonable basis, the interest was calculated on a similar basis as other
reserve and reserve funds, and that the interest rate used is comparable to the one used for
other reserve funds which are required to earn interest.
I also confirm that the title to Municipal lnfrastructure resulting from Eligible Projects is
retained by the Corporation of <INSERT MUNICIPAL NAME> as specified under section 11.1
of the Agreement.
As the duly appointed lreasurer of the Corporation of <INSERT MUNICIPAL NAME> I
hereby certify that, as at December 3l , 2O_, activity related to the Municipal Funding
Agreement for the Transfer of Federal Gas Tax Revenues Under the New Deal for Cities and
Communities dated <INSERT DATE ON MFA> between the Association of Municipalities of
Ontario and the <INSERT MUNICIPAL NAME>, has been conducted within the terms and
conditions set out in the Agreement.
Name:
Title:
<INSERT MUNICIPAL NAME>
Date
By-Law 2010-022 A By-Law to authorize the execution of an
amending agreement (Association of Municipalities of Ontario)
Page 202 of 254
,l
TO: Mayor & Members of Council
FROM: Kyle Kruger, Administrator
SUBJECT: Richmond Water System Financing
DATE: February 23,2010
FILE:
NUMBERzE20l0-02
Purpose
This report is to further to the final Order issued by the Ministry of the Environment regarding the
Richmond Water System, and to establish the methodology for recovery of costs from the Richmond
Community'Water users.
Background
As Council is well aware, the Municipality received an Order from the MOE via email January 20th,
2010, requiring that the Municipality operate the Richmond Water System by March 2010. In
addition, the Municipality was required to provide a detailed plan for implementing connection to the
current municipal system, supplying the Richmond system with water from the municipal system, or
establishing a new municipal drinking water system in Richmond.
Arangements have been ongoing to assume operations of the system by the March lst deadline.
The plan required by the MOE was submiüed, and we are currently awaiting MOE
comment/approval. The Order provides until 2011 for implementation of a preferred solution under
that plan.
At this time, the Municipality must consider the preferred philosophy and the available mechanisms
for the recovery of costs for operations of the system, engineering, and the expected capital works.
Staff Comments
As a starting point for considerations, it is assumed that the intent is that operating costs for the
system will be recovered entirely from the properties serviced, as will any capital project costs (as
with the current municipal water system). There are several mechanisms available to implement this,
and each can provide different methods for distributing such costs:
Option I - Water Ratesllocal Improvement
The Municipality may recover operating costs through a water rate structure, and recover capital
works for the Plan as a Local Improvement. Eligible expenses for a local improvement are provided
by Regulation, and may include some engineering fees. There is a deflrned process, and charges to
owners are on the basis of lot frontage. Local improvement rates are collected as taxes.
Option 2 - Establish a Special Service Area and Rate
A second option is to recover operating and capital costs (other than consumption) by means of a
special service rate under the Municipal Act. This process may be less cumbersome than Option 1.
The result is a tax rate that applies to benefitting land "on all or part of the assessment...in each
property class". This means that land value plays a role in the amount that any owner pays, rather
than frontage. There are various rules for applying the rate which are set out in the Act.
Option 3 - Establish a Fee/Charge Under Municipal Act
A third option that may be available is to use the "Fee or Charge" power under the Municipal Act to
recover costs. This is likely the least formal approach. ln this case, the charge can be computed by
location, zoning, physical characteristics or other criteria, whether or not water is consumed. A
-,"tÌÌi.t ¡]l rt,liìt ß, Lic) [{]
Staff Report E2010-02 regarding the Richmond Water System
Financing
Page 203 of 254
portion of the fee could be for providing the system, and a portion could be for the water itself. In
this case the fee is not property tax, but it can be collected in the same manner as property tax under
the Act.
Considerations
Staff have reviewed these options, and suggest Option 3 generally seems the most appropriate for
this situation. With the intent that municipal operation of the system will only be during an "interim"
period, establishing a full fledged special service area or proceeding through the local improvement
process may be quite onerous. As well, staff anticipate that an equal flat rate per property is the
distribution method desired by the community, as it is our understanding that this is the method
currently in place. A move to a frontage or tax rate, especially for only a short period, is likely not
desired. A flat rate is certainly the most simple to administer.
One additional consideration however is regarding the recovery of costs for any significant capital
works. Depending on the final scope (cost) of works and success of grant applications, the costs to
individual properties may be substantial. In order to provide some assistance to the property owners,
it has been discussed that the Municipality finance the project and allow serviced properties to pay
over a period of time (interest would be at the same rate as the municipal borrowing costs). For the
type of infrastructure in question, a20 year amortization is likely quite appropriate. The process
under Option 3 appears to accommodate this type of arrangement.
Strategic Plan Goal(s)
Goal#2 - Ensure reliable, well maintained and secure infrastructure
Goal#4 - Be dedicated to service excellence
Goal #5 - Develop a new and improved infrastructure network
Recommendation
TIIAT staff be authorized to prepare the necessary byJaw(s) to implement Option #3 as outlined in
Report 82010-02.
Staff Report E2010-02 regarding the Richmond Water System
Financing
Page 204 of 254
n/
CORPORATION OF THE MUNICIPALITY OF BAYHAM
STAFF MEMORAI\DTIM
TO: Mayor & Members of Council
FROM: Kyle Kruger, Administrator
SUBJECT : Beach Washrooms/Concession Food Booth
DATE: February 24,2010
FILE:
This is fuither to the recent information from Ms. Valarie Donnell regarding operation of the east beach
concession food booth and the related washroom facility maintenance.
For additional information, the Municipality requested proposals for the facilities in spring 2009. The
previous contractor had advised somewhat late that they could not continue the service due to health
r.uronr. The Request for Proposals provided the option to include or exclude the washroom maintenance.
Two proposals wère received, both of which included the washroom maintenance. The report outlining
the considerations for award of the contract is attached.
As Council is aware, Ms. Donnell has expressed difficulties with the washroom maintenance and advised
she will not be able to carry out that function for 2010. Ms. Donnell has subsequently provided a revised
suggestion, where she will main the washrooms except for the July/August period (see attached).
Staff identiff several main options in proceeding:
. Accept the arrangements proposed by Ms. Donnell and contract out washroom maintenance
. Negotiate new pricing with Ms. Donnell and contract out washroom maintenance
. Issue a new Request for Proposals for 2010
. Negotiate with unsuccessful proposal from 2009 for services.
Staff have made initial contact with the second bidder from 2009, and have been advised they may be
interested in providing the service for 2010. Staff did highlight the issues experienced by Ms. Donnell,
and they remain interested in proceeding.
In regard to the potential to contracting out of washroom maintenance separately, staff note that we now
have two proposals (unsolicited) to provide the service in 2010:
. Nancy Lozonat $21Olweek - Full season (27 weeks) totals $5,670. July/August (9 weeks) totals $1,890
. Rick V/assing at $189/week - Full season (27 weeks) totals $5,103. July/August (9 weeks) totals $1,701
Both proposals are attached. The letter from Mr. Wassing provides somewhat less detail, however a short
discussion identified the proposal includes a minimum of checks and cleaning two times daily, seven days
a week, and includes opening and closing at the times to established by the Municipality.
Staff Memorandum dated February 24, 2010 regarding Beach
Washrooms/Concession Food Booth
Page 205 of 254
CORPORATION OF THE MT]NICIPALITY OF BAYHAM
STAFF REPORT
TO: Mayor & Members of Council
FROM: Administrator
SUBJECT: Food Concession RFP - Municipal Beach
DATE: June 1,2009
FILE: D10
NUMBER: PR2009-13
Purpose
This report is regarding proposals received for a food booth concession on the municipal
beach in Port Burwell for the 2009 season.
Background
As Council will recall, the Municipality exercized the option to extend the term of the
agreement with Theresa Blondin for the provision of a Concession Food Booth at the east
beach in Port Burwell for the 2009 season (based in part on the request from the operator).
Unfortunately, the Municipality was advised on May 8th, 2009 by the operator that they
would not be able to continue for health reasons. Asiia result, temporary arrangements have
been made for washroom maintenance, and a ne* Rçquest for Proposals for the Beach
Concession Food Booth was issued, to close MuV,,*Ðllrløffi9,,,,,,.,
The RFP and proposed ii:öíÍliä one yeâi term, and include the option for
a two year extension b t4i$ of equipment, experience, and proposed
hours of operation are e. The RFP also provided the option to
Place) and from Laszlo Balint and Fries). The total rental fees for the season
in the proposals are $2,400 ively. This is slightly less than the prevtous
amount of $3,000, but likely 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 run a concession food
booth. In regard to hours of operation, the proposal from Sam's Place does provide for longer
,800
Sam's Place Bear's Burger and Fries
Rental Payments Total $2,400 payable June, July,
Ausust and Sept 15
Total $2,800 payable June, July,
Ausust and Sept 30
Equipment 2 propane fryers, propane grill,
stove, fridgelfueezer, microwave,
I ooo cooler
2 propane fryers, I propane grill, 1
freezer, 1 fridges, microwave, 1 ice
cream freezer. l ooo cooler
Season/hours June 1 to Sept 30 - 10:30 am to
9:00 pm
Oct weekends + - 11 am to 8 pm
June 1 to Sept 30 - 11 am to 8 pm
(weather permitting)
Staff Memorandum dated February 24, 2010 regarding Beach
Washrooms/Concession Food Booth
Page 206 of 254
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 appear 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
1. 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 n of an Agreement between the
Municipality of Bayham and C. Valerie the provision of a concession food booth
at the East Beach in Port Burwell in the M ity of Bayham be presented to Council for
enactment.
Respectfully submitted,
Kyle Kruger, Administrator
Staff Memorandum dated February 24, 2010 regarding Beach
Washrooms/Concession Food Booth
Page 207 of 254
í." P-\, :: r,-r.--
Ë: i; j"{i¡'i*'å='!* 1.r- É_, 1 'j i*, ¡ ,i
Ë '+'FIB?iîíl'i,,r Ls''
MlJfll!ûf i::11 f T .i il i: itiiirH,q l,il
C. Valerie Donnell
P.O. Box 74
Vienna, ON NOJ 120
5L9-874-4L62
clv2donnell@msn.com
Municipality of Bayham February 23,20L0
P.O. Box 160
Straffordville, ON NOJ 1Y0
ATTN: Council
After some thought as to how to resolve the issues with the bathrooms/change rooms situation I
have come up with a proposal I hope will be agreeable to you,
Most of the season at the beach is not hectic only July and August, My main issue is when I'm
busy serving food. I feel this ís not a time to be looking after the facility.
I will look after the bathrooms/change rooms in the early part of the season, from May and
June and then again in September to October. Just have someone else to look after it in July
and August. If you have a diflerent schedule when you open/close the washrooms/change
rooms for the season I'm sure that I can accommodate the schedule.
If you would like to discuss this fufther you can contact me at the above phone number or by
email.
Kindest Regards
A/r/,r* 0*,r,(
C. Valerie Donnell
Staff Memorandum dated February 24, 2010 regarding Beach
Washrooms/Concession Food Booth
Page 208 of 254
Municipality of Bayham
9344 Plank Rd, PO Box 160
Straffordville, ON NOJ-1Y0
Attn: Mr. Kyle Kruger February L8,2OL0
Dear Mr. Kruger,
I would again like to offer my personal proposalfor care and ma¡ntenance of the washroom
facility atthe east beach in Port Burwell for2OtO. My husband and I live above the east beach at
the end of Erieus Street. We have a constant view of the washroom and offer that with the track
record of vandalism in past a much safer environment could be created under our watchful eye.
The following is a brief list of services for the proposal:
o Maintain services on the beach from May 1 to October 31 annually
o Open washroom doors daily at 8:00 AM to Dark from Monday to Sunday 7 days a week
r Scrub Toilets and sinks and generally clean twice daily or when required
o Secure garbage from containers and place in dumpster daily
Assumptions:
¡ Municipality to supply toilet paper, hand towels (if required), cleaning or sanitizing
agents, scrub brushes, plungers etc for washrooms
o Municipality to supply garbage bags for the insertion in the barrels
o Term of contract one year to be reviewed by both parties at year end (October 31)
Rate of Charge
o l person min. two hours dailly @ S15.00 /hr or 530.00 daily
o 7 days a weekx S30 = 5210.00/week. May 1 to Oct 31- = 27 weeks x 5210.00 = $5, 670 / year
Please review if I have overlooked any details or additional duties you would wish explored.
Please advise if the proposal is feasible or if you feel I should be seeking more for the service.
Regards
Nancy Lozon
7 Erieus St / PO Box 280
Port Burwell, Ontario
NOJ-1TO
Staff Memorandum dated February 24, 2010 regarding Beach
Washrooms/Concession Food Booth
Page 209 of 254
February 21,2010
From : Rick'Wassing
29 Brock St
Port Burwell Ont
519-874-4113
Attention: Kyle Kruger
I would like to place a Tender for the maintenance of the Port Burwell east beach
washrooms, for the season of 2010. I am proposing the amount of $27.00 per day
and of cost of cleaning supplies at my own expense. The Municipality would
supply
the cost of toilet paper and hand towels.
I also have a person too work with me on this project if I am not available
too maintain the washroom on a certain day.
I look forward to hearing from you about this Tender.
Sincerely yours:
, --t-
,/'
\a>
Rick Wassing
Staff Memorandum dated February 24, 2010 regarding Beach
Washrooms/Concession Food Booth
Page 210 of 254
2OO9 ANNUAL
SUMMARY REPORT FOR MT]IVCIPAL WATER SYSTEMS
Report
This report is a summary of water quality information for the Bayham Water Distribution
System, Water'Works # 260004748, published in accordance with Schedule 22 of the
Ontario's Drinking Water Systems Regulation for the reportingperiod of January 1,2009
to December 31, 2009. The Bayham Water Distribution System is categorized as a Class
I,Large Municipal Residential Drinking Water System.
'Who gets a copy of the Report:
The owner of the drinking - water system shall ensure that the following receive the
summary report no later than March 3l for the preceding calørdar year;
. in the case of a drinking water system owned by a municipalit¡ the members of
the Municipal Council;
o in the case of a drinking water system owned by a municipal service board
established under section 195 of the Municþal Act,200l, the members of the
municþal service board; or
o in the case of a drinking water system owned by a corporation, the board of
directors of the corporation.
What must the Report contain?
The report must,
(a) list the requirements of the Act, the regulations, the system's approval and any
order that the system failed to meet at any time during the period covered by
the report and speciff the duration of the failure; and
(b) for each failure referred to in clause (a), describe the measures that were taken
to correct the failure.
2009 Annual Compliance Report for the Bayham Water
Distribution System. File: E08
Page 211 of 254
The Bayham Water Distribution System complied with the following Drinking Water
Legislation;
o Safe Drinking Water Act
o O. Reg 170/03, O. Reg 128104
. System Certificate of Approval # 1788-5SHLD5
o Provincial Officer's Order # ( N/A )
\Mhat else must the report contain?
The re,port must also include the following information for the purposes of enabling the
owner of the system to assess the capability of the system to meet existing and planned
uses of the system:
o A sunmary of the quantities and flow rates of the water supplied during the
period covered by the report;
o A comparison of the sunmary referred to in paragraph 1 to the rated capacity and
flow rates approved in the system's approval.
Attachments
o 2009 flows
o O. Reg 170/03,2009 Annual Report Part III, Form 2
Report Prepared by;
Ed Roloson
Water/Wastewater Superintendent
Overall Responsible Operator ( ORO )
2009 Annual Compliance Report for the Bayham Water
Distribution System. File: E08
Page 212 of 254
ÞOntario Drinkins-water systems Resutation o. Res. 17otog
OPTIONAL ANNUAL REPORT TEMPLATE
Drinking-Water System Number:
Drinking-\ilater System Name:
Drinking-\ilater System Owner:
Drinking-\üater System Category:
Period being reported:
260004748
Bavham Distribution System
The Comoration of the Municipalitv of Bayham
WD Large Municipal Residential
2009
Comnlete ìf vour Catesorv ís Laree Munìcíoal
Resídentíøl or Small Municìpal Resídentíal
I)oes your Drinking-Water System serve
more than 10,000 people? Yes [ ] No I x ]
Is your annual report available to the public
at no charge on a web site on the Internet?
Yes Ix]No[ ]
Location where Summary Report required
under O. Reg. 170103 Schedule 22 will be
avaÍlable for inspection.
1 Chatham St.
Port Burwell, Ont.
NOJ 1TO
Comølete for øll other Cateeoríes.
Number of Designated Facilities served:
N/A
Did you provide a copy of your annual
report to all Designated Facilities you
serve?
Yes[ | No[ I
Number of Interested Authorities you
report to:
Did you provide a copy of your annual
report to all Interested Authorities you
report to for each Designated Facility?
Yes[ ] NoI I
Note: For the following tables below, additional rows or columns may be added or an
dix mav be attached to the
List all Drinking-'Water Systems (if any), which receive all of their drinking water from
r
Drinkine Water System Name Drinkins \ilater Svstem Number
N/A
Did you provide a copy of your annual report to all Drinking-Water System owners that
are connected to you and to whom you provide all of its drinking water?
YesI lNoI I
Drinking Water Systems Regulations
(PIBS 4435e01) February 2008
Page 1 of 5
2009 Annual Compliance Report for the Bayham Water
Distribution System. File: E08
Page 213 of 254
ÞOntario Drinkins-water systems Resutation o. Res. 17otog
Indicate how you notified system users that your annual report is available, and is free of
charge.
[ | Public access/notice via the web
I x ] Public access/notice via Government Office
] Public access/notice via a ne\ilspaper
x I Public access/notice via Public Request
I Public access/notice via a Public Library
x ] Public access/notice via other method water
bills
Describe vour Drinkins-Water Svstem
The Bayham water distribution system consists of various size transmission mains and
apparatuses including 81 fire hydrants, 100 main valves and 3 air release and 3 drain
chambers. The location of these are mainly located in the villages of Port Burwell and
Vienna. The estimated service population is less than 2000 with 765 fully metered
service connections. A booster pump station is located on the transmission main to
Vienna. This pump operates when the pressure drops to activate the pump which would
normally occur during fire flows or main line flushing.
List all water treatment chemicals used over this
Were any significant expenses incurred to?
[x I Install required equipment
[x ] Repair required equipment
I x ] Replace required equipment
Please provide a brief description and a breakdown of monetary expenses incurred
The Bayham water distribution system has undergone capital repairs through
infrastructure grants during 2009 that include replacement of service saddles, main
stops, curb stops, main valves, and fire hydrants. The completion of the said project will
take place in the summer of 2010. The estimated total cost is $2 million.
Drinking'Water Systems Regulations
(PIBS 4435e01) February 2008
No chemicals used as this report is for a distribution system that receives treated water.
Page 2 of 5
2009 Annual Compliance Report for the Bayham Water
Distribution System. File: E08
Page 214 of 254
Þontario Drinkins-water sysrems Resuration o. Res. 17oto3
Provide details on the notices submitted in accordance wÍth subsection 18(1) of the Safe
Drinking-Water Act or section 16-4 ol Schedule 16 of O.Reg.l70l03 and reported to
Operational testing done under Schedule 7, 8 or 9 of Regulation 170103 during the
covered this Annual
Number of
Grab
Samnles
Range of Results
(min #)-(max #)
Turbidity
Chlorine 730 0.20 - 1.80 (free)
Fluoride (If the
DWS provides
fluoridation)
NOTE: Record the unit of measure if it is not milligrams per lítre.
Summary of additional testing and sampling carried out in accordance with the
requirement of an approval, order or other legal instrument.
Drinking Water Systems Regulations
@IBS 4435e01) February 2008
No
adverse
test
results
during
2009
Microbiological testing done under the Schedule 10, 11 or 12 of Regulation 170103',
du this
Number
of
Samples
Range of E.Coli
Or Fecal
Results
(min #)-(max #)
Range of Total
Coliform
Results
(min #)-(max #)
Number
of HPC
Samples
Range of HPC
Results
(min #)-(max#)
Raw
Treated
Distribution 156 0 0 156 <10 - 210
NOTE: For continuous
monitors use 8760 as the
number of samples.
Page 3 of 5
2009 Annual Compliance Report for the Bayham Water
Distribution System. File: E08
Page 215 of 254
fÞOntario Drinkins-water systems Resuration o. Res. lrotog
Date of legal instrument
issued
Parameter Date Sampled Result Unit of Measure
Summary of Inorganic parameters tested during this reporting period or the most
recent sam results
*only for drinking water systems testing under Schedul e 15 .2; this includes large municipal non-
residential systems, small municipal non-residential systems, non-municipal seasonal residential
systems, large non-municipal non-residential systems, and small non-municipal non-residential
systems
Summary of lead testing under Schedule 15.1 during this reporting period
(applicable to the following drinking water systems; large municipal ¡esidential systems, small
Drinking Water Systems Regulations
(PIBS 4435e01) February 2008
municipal residential systems, and non round residentia
Location Type Number of
Samples
Range of Lead
Results
fmin#) - lmax #l
Number of
Exceedances
Plumbing 48 ND - 1.72 0
Distribution I ND - 1.35 0
Summary of Organic parameters sampled during this reporting period or the most
recent results
Parameter Sample
Date
Result
Value
Unit of
Measure
Exceedance
Alachlor
Page 4 of 5
2009 Annual Compliance Report for the Bayham Water
Distribution System. File: E08
Page 216 of 254
Aldicarb
Aldrin +Dieldrin
Atrazine + N-dealkylated metobolites
Azinphos-methyl
Bendiocarb
Benzene
Benzo(a)pyrene
Bromorynil
Carbaryl
Carbofuran
Carbon Tetrachloride
Chlordane (Total)
Chlorpyrifos
Cyanazine
Diazinon
Dicamba
1,2-Dichlorobenzene
lr4-Dichlorobenzene
Dichlorodiphenyltrichloroethane (DDT) +
metabolites
1,2-Dichloroethane
1,1-Dichloroethylene
lvinvlidene chlorideì
Dichloromethane
2-4 Dichlorophenol
2,4-Dichlorophenoxy acetic acid (2,4-D)
Diclofop-methyl
Dimethoate
Dinoseb
Diquat
Diuron
Glyphosate
Heptachlor + Heptachlor Epoxide
Lindane (Total)
Malathion
Methoxychlor
Metolachlor
Metribuzin
Monochlorobenzene
Paraquat
Parathion
Pentachlorophenol
Phorate
Picloram
Polychlorinated Biphenyls(PCB)
ÞOntafiO Drinkins-water systems Resulation o. Res. 17oto3
Drinking Water Systems Regulations
(PIBS 4435e01) February 2008
Page 5 of 5
2009 Annual Compliance Report for the Bayham Water
Distribution System. File: E08
Page 217 of 254
ÞOntafiO Drinkins-water systems Resulation o. Res. 17oto3
Drinking'Water Systems Regulations
@IBS 4435e01) February 2008
Prometryne
Simazine
THM
INOTE: show latest aruual averase)
0.045 wL
Temephos
Terbufos
Tetrachloroethylene
2,3,4,6 -T etr tchlorophenol
Triallate
Trichloroethylene
2,4,GTrichlorophenol
2,4,$Trichlorophenoxy acetic acid (2,4,5-T)
Trifluralin
Vinyl Chloride
List any Inorganic or Organic parameter(s) that exceeded half the standard prescribed
in Schedule2 ol Ontario I)litv Standards.
Result Value
Page 6 of 5
2009 Annual Compliance Report for the Bayham Water
Distribution System. File: E08
Page 218 of 254
MUNICIPALITY OF BAYHAM MONTHLY WATER CONSUMPTION (m3)
2009
Pt.Bunrell 7730
avg.daily 249.35
Vienna 4/¡05
avg. daily 142.1
Lake View 12773
avg. daily 412.03
2008
Pt.Burwell 6655
avg.daily 214.68
Vienna 895
avg. daily 28.87
Lake View 11812
avg. daily 381
2007
Pt.Burwell 8640
avg.daily 278.71
Vienna 8185
avg. daily 264
Lake View 20941
avg. daily 675.52
ü95 7410
231.96 239.031920 290
68.57 9.35
11098 12808
396.36 413j6
5275 8290
181.9 267.422815 3885
97.07 125.32
10985 12634
378.79 407.55
7435 7750
265.54 2501940 2290
69.28 73.87
12978 13797
463.5 445.1
9780 9770
315.48 315.16930 0300
16108 15098
519.61 487
10490 10675
338.38 355.834930 4s00
159.03 150
16494 15738
532.06 524.6
9770 10995
315.16 354.6800
00
16722 17619
539.42 568.35
13750 14735
443.55 475.325680 5800
183.22 187.1
19902 20965
642 676.29
12690 13160
409.35 424.524255 4005
137.25 129.19
19287 19916
622j6 642.45
12030 0401 000
00
15404 14102
513.47 455
r0320
344
4560
152
15494
516.47
10300 7915
332.26 263.834565 4040
147.26 134.67
15562 12606
502 420.2
7740 89410
7973 12305
11516 168155
371.48
10390 11745s
335.164685 50880
1s1 .13153rr l813sl
493.9
6685 109525
215.65715 36455
23.1
11568 189595
373.16
7690
256.33
4760
158.67
13216
450.53
8660
288.67
4525
150.83
13848
461.6
0
0
0
0
11691
389.7
7190 9585 12200
239.67 309.19 406.67191s 3075 509063.83 99.19 169.67
13204 16109 19816
440.13 519.64 660.s3
8155 8824 7211
271.83 284.64 240372630 1575 780
87.67 50.81 26
13602 '15214 13163
438.77 490.77 438.77
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I*T Government Gouvernement
ofCanada du Canada
Canadian General Ofüce des normes
Standards Board générales du Canada
Place du Portage lll - 681 Place du Portage lll - 68l
Hull, Quebec Hull (Québec)
K1A 1G6 KíA 1G6
Date: February 23,2OIO
Mr. Ed Roloson
Municipality of Bayham
9344 Plank Road, PO Box 160
Straffordvil le, Ontario
NOJ 1YO
File No.: OAP-061
Dear Mr. Roloson,
On behalf of the Canadian General Standards Board (CGSB), I am pleased to inform you
that the Municipality of Bayham has been successful in meeting the requirements of
Ontario's Drinking Water Quality Management Standard to the satisfaction of the CGSB
Accreditation Program for Operating Authorities. This notification is to inform you that we
are formally awarding you a Limited Scope - Entire accreditation,
This is a substantial accomplishment, and one that should make your employees, your
management team and your community proud. By achieving accreditation, you have
demonstrated that you have an effective drinking water quality management system. You
also demonstrate leadership in an area affecting the lives of many people.
On behalf of the CGSB, please accept my most sincere congratulations. If you have not
already received your certificate(s) and related materials, they will be sent to you shortly.
In addition, we will add your system(s) to the list that we maintain and display on our Web
site of Accredited Operating Authorities.
We look forward to working in partnership with you in the future, as you strive for full scope
accreditation.
Yours sincerely,
Terrence Davies
Director
Canadian General Standards Board
Expérience et excettence BnJEg
Expenence and excettence trES>BCanadä
Correspondence dated February 23, 2010 from Canadian
General Standards Board regarding "Ontario's Drinking Water
Page 220 of 254
THE CORPORATION OF THE
MT]NICIPALITY OF BAYHAM
BY-LAW NO. 2010-016
A BY.LAW TO CONFIRM ALL ACTIONS OF
THE COT]NCIL OF TIIE CORPORATION OF
THE MTINICIPALITY OF BAYIIAM FOR THE
REGULAR MEETTNG rrELD MARCH 4,2010
WIIEREAS under Section 5 (1) of the Municþal Act,2001 S.O.2001, Chapter 25,thepowers
of a municipal corporation are to be exercised by the Council of the municþality;
AI\D WHEREAS under Section 5 (3) of the Municipal Act,200I, the powers of Council are to
be exercised by by-law;
AND WHEREAS 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 COT]NCIL OF THE CORPORATION OF TIIE MT]NICIPALITY
OF BAYIIAM ENACTS AS FOLLOWS:
1. TIIAT the actions of the Council of the Corporation of the Municipality of Bayham in
respect of each recommendation and each motion and resolution passed and other
action by the Council at the regular meeting held March 4,2070 is hereby adopted and
confirmed as if all proceedings were expressly embodied in this by-law.
2. TIIAT the Mayor and Clerk of the Corporation of the Municþality of Bayham are
hereby authorized and directed to do all things necessary to give effect to the action of the
Council including executing all documents and affrxing the Corporate Seal.
READ A FIRST, SECOND AND TIIIRD TIME and finally passed this 4th day of March,
2010.
MAYOR CLERK
By-Law 2010-016 A By-law to confirm all actions of Council Page 221 of 254
THE CORPORATION OF THE MT]NICIPALITY OF BAYHAM
BY-LA\ry NUMBER 2OO9-017
Being a By-law to Authorize Civil Marriage Solemnization Services
WIIEREAS Ontario Regulation 285104 provides the Clerk or designate of a local municþality
with the authority to solemnize marriages under the authority of a licence;
AND WIIEREAS the Council of the Corporation of the Municipality of Bayham considers it
desirable to have civil marriage solemnization services performed;
NOW TIIEREFORE the Council of The Corporation of the Municþality of Bayham enacts the
following as follows:
1. That Council for the Corporation of the Municipality of Bayham hereby directs that the civil
marriage solemnization services be implernented within the province of Ontario;
2. That Council for the Corporation of the Municipality of Bayham recognizes that Lynda A.
Millard, is authorized to solemnize marnages for as long as she holds the position of Clerk,
as set out under Ontario Regulation 285104 and the Marriage Act, R.S.O. 1990, Chapter M.
3 for the Province of Ontario;
3. That Council of the Corporation of the Municipality of Bayham does hereby further support
the Clerk delegating the authority to perform civil ma:riage solemnization services to Marion
F. Rogers and to Jack C. Wharram Jr. as provided for under the Municipal Act 2001,
S.O.2001, c25 Section 228 (4) & (5);
4. That effective with the date of passage of this by-law, Marion F. Rogers is hereby authorized
to solemnize civil marriages as long she holds the position of Marriage Officiant at the
Municipality of B ayham;
5. That effective with the date of passage of this by-law, Jack C. Wha:ram Jr. is hereby
authorized to solemnize civil marriages as long he holds the position of Marriage Officiant at
the Municipality of Bayham;
6. That Schedule 'A' detailing fee structures for services form part of this by-law and be part of
the Municipality of Bayham Rates and Fees ByJaw 2005-102;
7. That Schedule 'B' detailing guidelines for services form part of this byJaw and;
8. That By-law No. 2009- 017 shall come into fuIl force and effect upon final passage.
READ a first, second and third time and finally passed this 4th day of March 2010.
Mayor Lynn Acre
Clerk Lynda Millard
By-Law 2009-017 A By-Law to authorize Civil Marriage
Solemnation Services.
Page 222 of 254
The Corporation of the Municipality of Bayham By-law No. 2010-017
Page? of 5
SCHEDULE'A'- FEES (ByJaw 2005-102)
Civil Maniage Solemni zation Services
Civil Marriage Ceremony
Ceremony in the Municþatity of Bayham
o in Council Charnbers during Municipality of Bayham Business Hours
(Wednesday 1:00 pm - 3:00 pm - $250.00
r outside Council Chambers - $250.00
Ceremony outside the Municipality of Bayham
r services outside boundaries of Bayham - $250.00 (plus mileage outside the
boundaries of Bayham will be charged at arate of $0.45 per
kilometre)
A 8100 non-refundable deposit is included in the above-fees
Rehearsal Fee
. $75.00
Renewal of Vows
o $75.00
Please Note:
All persons using a municipal facilitymust provide a "certificate of insurance" in the minimum
amount of $1,000,000 coverage for the duration of this function. The "certificate of insurance"
naming the Municipality of Bayham as the certificate holder, must be presented to the Marriage
Officiant a minimum of five (5) business days prior to the ceremony date.
Additional rental fees apply to the Community Centre facilities in Vienna and Straf[ordville, as
applicable. Bookings for these facilities will need to be made through the Community Centres
Managers.
By-Law 2009-017 A By-Law to authorize Civil Marriage
Solemnation Services.
Page 223 of 254
The Corporation of the Municipality of Bayham By-law No. 2010-017
Page 3 of5
SCHEDULE'B'- GUIDELINES
For the Provision of
Civil Maniage Ceremonies
1' Ceremonies will be conducted by appointed officiants of the Municþality of
Bayham. Ceremonies can take place at either:
(a) the Municipality of Bayham, Municipal Ofñce Council Chambers
9344PlankRoad, Straffordville, ON NOJ lYO
(subject to its availability during regular working hours), or
(b) at an agreed upon location and time within the province of Ontario depending
upon availability of the officiant.
2. Fee: cash or money order to be paid to the Municipality of Bayham a
minimum of five (5) business days prior to the ceremony date
. $250.00 for ceremony held in the Council Chambers
. $250.00 all other locations (mileage outside the boundaries of Bayham
only will be charged at arate of $0.45 per kilometre)
o Rehearsal Fee $75.00
o Ceremonial Renewal of Vows $75.00
3. A request for a civil ceremony is to be received at least seven business
days prior to the date of the ceremony.
4. An agreed-upon civil marriage ceremony, incorporating all mandatory
declarations under the Marriage Act, R.S.O., 1990 willbe used at all
civil ma:riages. The ceremony will take approximately 15 minutes.
Plan to arrive at least 30 minutes prior to the ceremony to allow time
to review final details.
5. Changes to date and/or time are allowed at no additional charge provided that the
location and an offrciant are available. No refund will be issued if the ceremony
is cancelled on the day of the ceremony, or the applicant(s) and witnesses do not
show up for the ceremony.
6. Pre-ceremonymeeting (approximately 30 minutes)
o To be scheduled a minimum of five business days prior to the ceremony
o Both parties must be in attendance and provide photo identification
. Application for a Civil Marriage Ceiemony form to be completed'
o Marriage Licence to be presented (date issued to be within 3 months prior
to the ceremony)
o To discuss other municipal locations for the ceremony
o To select specific vows (provide a written copy) andlor music
o Fees to be paid in fulI (cash or money order)
By-Law 2009-017 A By-Law to authorize Civil Marriage
Solemnation Services.
Page 224 of 254
t.
8.
9.
10.
11.
12.
13.
t7.
74.
The Corporation of the Municipality of Bayham By-law No. 2010-017
Page 4 of 5
The applicants are responsible to provide an interpreter if they do not speak
English and./or require language assistance. The interpreter cannot be one of the
witnesses. The interpreter will be required to sign a form that he/she has
interpreted the wedding ceremony.
Minimal decorations are permitted (e.g. flowers, balloons) within the municipal
office for the ceremony. They may be placed 15 minutes prior to the ceremony
and removed within 15 minutes of the conclusion of the ceremony. No smoking,
candles, confetti, rice, paper or similar celebratory materials can be used within
the munícipal ffice or on a municípal property. Use of cell phones & other
communication devices are not permitted during the ceremony.
The taking of photographs willbe permitted before the ceremony begins, during
the signing of the register and when the ceremony is completed.
Music will be permitted before and after the ceremony (applicants to
provide equipment). When selecting the tlpe of music consideration
should be given to its appropriateness and contribution to the dignity of the
occasion.
The applicants are responsible for providing two witnesses (See Notes #1)
Due to Council Chambers room size, amaximum of 25 guests only can be
accommodated.
The applicants, as the renters of the Council Chambers for the civil marriage
ceremony, do hereby consent to defend and indemniff the Municipality of
Bayham for any loss or damages incurred by their guests. The applicants agree
that the Municipality of Bayham shall not be held responsible for personal injury
or damage, nor for the theft or loss of anypersonal property of anyone attending
on the invitation of the applicants.
The applicants shall be responsible for the conduct and supervision of all persons
admitted to the Council Chambers and shall see that all regulations pertaining to
the event are strictly followed.
The Municipal Council Chambers may onlybe used for civil marriage ceremonies
conducted by duly authorized delegated individuals.
All exits must be kept free from obstruction in case of fire
The Council Chambers will be available for a maximum of one and ahalf (l %)
hours only.
A BOOKING IS NOT CONFIRMED UNTIL THE $1OO NON-
REFTINDABLE DEPOSIT IIAS BEEN PAID TO THE MARRIAGE
OFFICIANT.
15.
16.
18.
By-Law 2009-017 A By-Law to authorize Civil Marriage
Solemnation Services.
Page 225 of 254
The Corporation of the Municipality of Bayham By-law No. 2010-017
Page 5 of5
NOTES:
1. There is no minimum age requirement for a witness, however, it is suggested they should
be at least sixteen years of age and able to understand and appreciate what is taking place
and be able to give evidence of such at alater date, if required.
2. If personal vows are to be made, they are to be reviewed by the officiant prior to the
ceremony. A written copy of the vows must be brought to the pre-ceremony meeting.
3. If the officiant believes that, based on what he or she knows or has reasonable grounds to
believe, that either parties lack mental capacity to marry by reason of being under the
influence of intoxication alcohol or drugs or any other reason, the ceremony will not
proceed.
4. The Record of Solemnizationof Marriage given at the ceremony is not alegal record.
Approximately 12 weeks after the ceremony, you may apply to the Office of the
Registrar General to obtain an official Certificate of Marriage, the appropriate form is
included within the licence.
5. Wedding venues outside the boundaries of the Municipality of Bayham will be subject to
an additional fee at a rate of $200 to cover overnight accommodations and travel
expenses of the officiant at arate of $0.45 per kilometre.
I have ¡ead the above guidelines outlined in Schedules A and B of By-law 2010-017 and
agree that Marion F. Rogers or Jack C. Wharram Jr. will conduct a civil marriage
solemnization service on
Date:
Time:
Location:
Applicant # 1 Name:
Applicant # 2 Name:
Witness # I Name:
Signature
Sígnature
Signature
Witness # 2 Name:
Signature
Marriage Licence Number: Date Issued:
Note: Mørríage lìcences are valìdfor 3 months only.
Deposit Received Fees paid:_ yes
Marriage Officiant Lynda A. Millard - Clerk
Personal Information on thisform is collected under the authority ofthe Munícípal Acl and regulatìon under lhe Marriage Act' 285/04'
and will be used to perform ø cìvíl marriage ceremony,
no
By-Law 2009-017 A By-Law to authorize Civil Marriage
Solemnation Services.
Page 226 of 254
THE CORPORATION OF THE
MT]NICIPALITY OF BAYHAM
BY-LA\il NO.2010-018
A BY.LA\il TO AUTHORIZE THE EXECUTION
OFAN EMPLOYMENT AGREEMENT BETWEEN THE
MT]NICIPALITY OF BAYHAM
AND
MARION FAITII ROGERS
WHEREAS the Council of the Corporation of the Municþality of Bayham is desirous of
entering into an Employment agreement with Marion Faith Rogers, for the position of Civil
Marriage Officiant in the Municipality of Bayham;
NO\M TIIEREFORE TIIE COI]NCIL OF TIIE CORPORATION OF TIIE
MT]NICIPALITY OF BAYIIAM ENACTS AS FOLLOWS:
1. TIIAT the Mayor and Clerk be and are hereby authorized to execute the Agreement
attached hereto as Schedule "4" and formingpart of this by-law between Marion Faith
Rogers and the Municipalityof Bayham.
2. THAT this by-law shall come into full force and eflect upon final passing.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 4TH DAY
OF MARCII2OlO
MAYOR CLERK
By-Law 2010-018 A By-Law to authorize the execution of an
employment agreement (Rogers)
Page 227 of 254
Schedule "A" to B/L 2010-018 - Page I
AGREEMENT
THIS AGREEMENT made as of this 4thday of March, 2010.
BETWEEN:
The Municipality of Bayham,
A Corporation incorporated under the laws of the province of Ontario,
Hereinafter referred to as the "Municipality"
OF THE FIRST PART;
-and-
Marion Faith Rogers
Of the Municþality of Bayham in the Province of Ontario,
Hereinafter referred to as the "Employee"
OF THE SECOND PART.
WIIEREAS the Municipality and the Employee have agreed to enter into this Agreement to set
out the terms and conditions of employment by thè: Municipality of the Employee as Marriage
Ofñciant.
NOW THEREFORE in consideration of the mutual covenants exchanged between the parties
herein, THE AGREEMENT \MITNESSETH AS FOLLO\ilS:
Position and Term
1. The employment of the Employee under this Agreement shall coûtmence March 15,2010
and shall continue for a period of one year.
2. The Employee shall perform all the duties in the job description attached hereto as
Appendix "4", arìd shall be performed pursuant to the provisions hereof, diligently and in
good faith and with a view to the best interest of the Corporation.
Remuneration and Benefits
3. The remuneration shall be paid to the Employee, as applicable, on a bi-weekly basis as
follows per:
. marriage ceremony $125.00
' rehearsal $ 75.00. renewal of vows $ 75.00. cancellation or non-affendance of applicants $ 50.00
Mileage outside the boundaries of Bayham only shall be paid at arate of $0.45 per
kilometre.
Ovemite accommodation $150 - $200 when required.
Statutory benefits on remuneration only shall apply.
By-Law 2010-018 A By-Law to authorize the execution of an
employment agreement (Rogers)
Page 228 of 254
Schedule "4" to BIL2010-018 -Page2
Ilours of \ilork
4. The Employee shall be available on an as needed basis for a variable number of hours
each week as duties require.
Employment Conditions
5. Employment conditions may often be outside and can be expected to vary as weather and
seasons change.
Vacation
6. Vacation pay shall be paid as required by statute each pay period.
Termination
7. The Employee agrees that the Municipality may terminate this employment at any time
without notice or compensation, for just cause.
8. The Corporation or the Employee may terminate this Agreement at any time on thirty
(30) days written notice. Upon a breach of this agreement, either party may withdraw
from the agreement without notice or cash in lieu of notice or other financial penalty.
Renewal
9. This Agreement does not renew without the written agreement of the parties.
Complete Agreement
10. Except as otherwise noted herein, this Agreement sets out the entire agreement which the
parties have entered into, and neither relies upon representations or terms not included herein.
IN WITNESS \ilHEREOF the parties have caused this Agreement to be executed as of the day
and year first above written.
(Witness) )Marion Faith Rogers
XThe Employee)
)
) The Municipality of Bayham
XThe Corporation)
)
)
)
)Mayor
)
)
)
)Clerk
By-Law 2010-018 A By-Law to authorize the execution of an
employment agreement (Rogers)
Page 229 of 254
Position:
Reports to:
Knowledge:
Experience:
Leadership:
Initiative/
Creativity:
Contact:
Decision
Making:
Working
Conditions:
Effort:
Appendix "A" to Schedule "A" to B/L 2010-018 - Page 1
MI]NICIPALITY OF BAYHAM
JOB DESCRIPTION
Marriage Officiant
Clerk or Administrator
Excellent knowledge of the Mørríage Act and how to apply legislated
requirements
Strould have a general understanding of other related provincial legislation
Have completed or willing to complete the Civil Marriage Solemnization Training
for Municipal Clerks or Designates
Minimum of Secondary School Education
An equivalent combination of education and experience.
Previous personal computer experience in a Windows environment, including
Microsoft Office is required.
Minimal leadership is required.
Considerable creativþ is required in providing information and customer services
to clients.
Exercises initiative in providing innovative ideas in the conduct of marriage
solemnizations.
Monitors and improves effrciency and effectiveness of policies and procedures
Considerable sensitive personal and telephone contact with the public, provincial
offrcials, employees, and Council.
Some judgement is required when assisting the public and provincial agencies with
their inquiries.
Work week is flexible based on needs of clients
Must be able to attend evening events as deemed necessary by the Clerk or
Administrator
Duties will be conducted at home, in the municipal offrce and other locations and
facilities as appropriate.
with the
new and
furniture
Responsible for preparation and conduct of marriage services,.scheduling meetings
and'services, following and implementing customei service policies.
Function:
By-Law 2010-018 A By-Law to authorize the execution of an
employment agreement (Rogers)
Page 230 of 254
4.
5.
6.
7.
8.
Appendix "A" to Schedule "A" to B,lL20l0-018 -Page2
Principal Functions:
Knows and is able to apply the legislative requirements of the Marriage Act and
Regulations. Understands-dehnitions, who may marry - consent, authority to solemnize
marriages, witnesses, role of Clerk or Administrator.
Ensures marriage solemnization documents and statistical reports are reviewed with the
Clerk and submitted to the Offrce of the Registrar General in a timely manner.
Organizes and arranges all meetings with clients and conducts Civil Marriage
Solemnization ceremonies .
Ensures the Council Chambers is prepared for ceremonies.
Responsible to greet clients, respond to solemnization inquiries, receive payments. by
cheque or cash, issue receipts, submit funds to municipalþ promptly, complete marriage
solemnization documents and record information in the register.
Acts as initial contact on the telephone or email and taking appropriate action as required.
Maintains an adequate stationery supply.
Responsible for collecting, keeping and dispensing information under the supervision of
the -Administrator under the authority of the Municipal Freedom of Information ønd
Protectíon of Privacy Act.
Identiff and address various scenarios, such as the need for an interpreter, under age
marriage, request for a proxy, intoxication, mental illness and learn to handle these
scenarios appropriately.
Knows how to complete and process various registration documents and solemnization
register.
Understand what is mandatory and what else may be said during a ceremony. Prepare
and conduct the ceremony in an appropriate maûner using various scripts.
Carries out additional duties and exercises such additional responsibilities as assigned by
the Clerk or Administrator and / or as may be required by law.
1.
3.
9.
10.
11.
12.
By-Law 2010-018 A By-Law to authorize the execution of an
employment agreement (Rogers)
Page 231 of 254
MT]NICIPALITY OF BAYHAM
DELEGATION APPOINTMENT AND OATH OF'CTWL MARRRIAGE OFF'ICIANT
MARION FAITII ROGERS
I, Lynda Millard, Clerk of the Municþality of Bayham hereby appoint Ma¡ion Faith Rogers as a
Marriage Officiant for the Municþality of Bayham and hereby delegate to her the powers and
duties of the Clerk, in the conduct of Civil Marriage Officiant services including, but not
limited to the following principal functions and responsibilities pursuant to the Municþal Act
2001, S.O., C25 228(4) & (5), Ontario Regulation 285/04 and the Marriage Act, R.S.O. 1990,
Chapter M. 3 for the Province of Ontario.
Principal Functions:
1. Knows and is able to apply the legislative reçirements of the Marriage Act and Regulations.
Undersa¡rds definitiors,-wtio may marry - consent, authority to solemnize marriages, wiEresses,
role of Clerk or Administr¿tor.
2. Ensures marriage solemnization docurnents and statistical feports a¡e reviewed wift the Clerk and
submitted to the Office of the Registrar General in a timely mâilrcÍ.
3. Organizes and arranges all meetings with clients and conducts Civil Maniage Solemnization
ceremorues.
4. Ensures the Council Chambers is prepared for cercmonies.
5. Responsible to greet clients, respond to solemnization inquiries, receive payntents by cheçe.or
casli, iszue receipS, submit fuirds to municipality promptly, compleûe rr,arriage solemnization
documents a¡rd record information in the register.
6. Acts as initial contact on the telephone or email and aking apprqriate action as required.
7. Maintains an adeçate stationery supply.
8. Responsible for collecting, keeping and dispensing information under the zupervisi- 9f ft-
Adririnistrator under ttre ãutfrority ıf tne MuitícþaI Freedom of Infomøtion and Protectíon of
Privacy Act.
g. Identify and address various scenarios, zuch as the need for an interpreter, under age marriSge,
requesi for a proxy, intoxication, mental illness and learn to handle these scena¡ios appropriaæly.
10. Knows how to complete ard process various registration documents and solemnization register.
11. Understa¡rd what is mandatory and what else may be said during a ceremony. Prepare and
conduct the ceremony in an appropriate manrpr using various scripts.
12. Carries out additional duties and exercises such additional reqponsibilities as assigned by the Clerk
or Administrator and / or as may be required by law.
Declared before me
at the Municipality of Bayham
in the County of Elgin this
day of
A Commissioner, etc.
2010 Lynda Millard
By-Law 2010-018 A By-Law to authorize the execution of an
employment agreement (Rogers)
Page 232 of 254
Delegation Appointrnent & Oath of Maniage Officant - Rogers Page2
¡ß++¡F +*¡Ft***++*¡t*+ *+'¡t++t+¡tt|F ++¡ß:t+t++++¡f t*+:ß*+*+
I, Marion Faith Rogers, named above, solemnly declare that I will act faithfully in the capacity set
out in my appointment and perform all the duties required by law without partiality, fear or
¡ffection.
Declared before me
at the Municipality of Bayham
in the County of Elgin this
day of 2010 Marion Faith Rogers
A Commissioner, etc.
By-Law 2010-018 A By-Law to authorize the execution of an
employment agreement (Rogers)
Page 233 of 254
THE CORPORATION OF THE
MT]NICIPALITY OF BAYHAM
BY-LAW NO. 2010-019
A BY.LAW TO AUTHORIZE THE EXECUTION
OF'AN EMPLOYMENT AGREEMENT BETWEEN THE
MI]NICIPALITY OF' BAYHAM
AND
JACK C. \MIIARRAM JR.
WHEREAS the Council of the Corporation of the Municipality of Bayham is desirous of
entering into an Employment agreement with Jack C. Wha¡ram Jr. for the position of Civil
Marriage Officiant in the Municipality of Bayham;
NOW THEREF'ORE TIIE COUNCIL OF THE CORPORATION OF TIIE
MT]NICIPALITY OF BAYIIAM ENACTS AS FOLLOWS:
1. TIIAT the Mayor and Clerk be and are hereby authorized to execute the Agreement
attached hereto as Schedule"A" and forming part of this by-law between Jack C.
Wharram Jr. and the Municþality of Bayham.
2. TIIÄT this byJaw shall come into full force and effect upon final passing.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 4TH DAY
OF MARCH 2O1O
MAYOR CLERK
By-Law 2010-019 A By-Law to authorize the execution of an
employment agreement (Wharram)
Page 234 of 254
Schedule "A" to BlL2010-019 - Page I
AGREEMENT
THIS AGREEMENTmade as of this 4h dayof March 2010.
BETWEEN:
The Municipality of Bayham,
A Corporation incorporated under the laws of the province of Ontario,
Hereinafter referred to as the (Municipality'
OF THE FIRST PART;
-and-
Jack C. Wharam Jr.
Of the Municipality of Bayham in the Province of Ontario,
Hereinafter referred to as the "Employee"
OF THE SECOND PART.
WHEREAS the Municipality and the Employee have agreed to enter into this Agreement to set
out the terms and conditions of employment by the Municipality of the Employee as Marriage
Officiant.
NO\M THEREFORE in consideration of the mutual covenants exchanged between the parties
herein, THE AGREEMENT WITNESSETH AS FOLLO\ilS:
Position and Term
1. The ernployment of the Employee under this Agreement shall commence
and shall continue for a period of one year.
2. The Employee shall perform all the duties in the job description attached hereto as
Appendix "4", and shall be performed pursuant to the provisions hereof, diligently and in
good faith and with a view to the best interest of the Corporation.
Remuneration and Benefits
3. The remuneration shall be paid to the Employee, as applicable, on a bi-weekly basis as
follows per:
. marriage ceremony¡ rehearsal. renewal of vows. cancellation or non-attendance of applicants $ 50.00
Mileage outside the boundaries of Bayham only shall be paid at arate of $0.45 per
kilometre.
Overnite accommodation $150 - $200 when required.
Statutorybenefits on remuneration only shall apply.
$12s.00
$ 7s.00
$ 75.00
By-Law 2010-019 A By-Law to authorize the execution of an
employment agreement (Wharram)
Page 235 of 254
Schedule "4" to B/L2010-019 -Page2
Ilours of Work
4. The Employee shall be available on an as needed basis for a variable number of hours
each week as duties require.
Employment Conditions
5. Employment conditions may often be outside and can be expected to vary as weather and
seasons change.
Vacation
6. Vacation pay shall be paid as required by statute eachpay period.
Termination
7. The Employee agre€s that the Municipality may terminate this employm.ent at any time
without notice or compensation, for just cause.
8. The Corporation or the Employee may terminate this Agreement at any time on thirty
(30) days written notice. Upon a breach of this agreement, either party may withdraw
from the agreement without notice or cash in lieu of notice or other financial penalty.
Renewal
9. This Agreeme'nt does not renew without the written agreement of the parties.
ComFlete Agreement
10. Except as othen¡/ise noted herein, this Agreement sets out the entire agreement which the
parties have entered into, and neither relies upon representations or terms not included herein.
IN WITNESS WIIEREOF the parties have caused this Agreement to be executed as of the day
and year first above written.
(Wiûress) )Jack C'Wha¡ram Jr.
XThe Employee)
)
) The Municipality of Bayham
XThe Corporation)
)
)
)Mayor
)
)
)
)Clerk
By-Law 2010-019 A By-Law to authorize the execution of an
employment agreement (Wharram)
Page 236 of 254
Position:
Reports to:
Knowledge:
Experience:
Leadership:
Initiative/
Creativity:
Contact:
Decision
Making:
Working
Conditions:
Effort:
Appendix "4" to Schedule "A" to BlL2010-019 - Page 1
MTINICIPALITY OF BAYTIAM
JOB DESCRIPTION
Marriage Olñciant
Clerk or Administrator
Excellent knowledge of the Mørriage Act and how to apply legislated
requirements
Should have a general understanding of other related provincial legislation
Have completed or willing to complete the Civil Marriage Solemnization Training
for Municipal Clerks or Designates
Minimum of Secondary School Rlucation
An equivalent combination of education and experience.
Previous personal computer experience in a V/indows environment, including
Microsoft Office is required.
Minimat leadership is required.
Considerable creativity is required in providing information and customer services
to clients.
Exercises initiative in providing innovative ideas in the conduct of marriage
solemnizations.
Monitors and improves effrciency and effectiveness of policies and procedures
Considerable sensitive personal and telephone contact with the public, provincial
offrcials, employees, and Council.
Some judgement is required when assisting the public and provincial agencies with
their inquiries.
V/ork week is flexible based on needs of clients
Must be able to attend evening events as deemed necessary by the Clerk or
Administrator
Duties will be conducted at home, in the municipal offrce and other locations and
facilities as appropriate.
with the
new and
furniture
Responsible fo^r_preparation and conduct of marriage services,.scheduling meetings
andìervices, followìng and implementing customei service policies.
Function:
By-Law 2010-019 A By-Law to authorize the execution of an
employment agreement (Wharram)
Page 237 of 254
4.
5.
Appendix "4" to Schedule "4" to BIL2010-019 -Page2
Principal tr'unctions:
Knows and is able to apply the legislative requirements of the Marriage Act and
Regulations. Understands definitions, who may marry - consent, authority to solemnize
marriages, witnesses, role of Clerk or Administrator.
Ensures marriage solemnization documents and statistical reports are reviewed with tlre
Clerk and submitted to the Offrce of the Registrar General in a timely manner.
Organizes and arranges all meetings with clients and co¡rducts Civil Marriage
Solemnization ceremonies.
Ensures the Council Charnbers is prepared for ceremonies.
Responsible to greet clients, respond to solernnization inquiries, receive payments by
cheque or cash, issue receipts, submit fuids to municipalþ promptþ, complete marriage
solemnization documents and record information in the register.
Acts as initial contact on the telephone or email and taking appropriate action as required.
Maintains an adequate stationery supply.
Responsible for collecting, keeping and dispensing information under the supervision of
the Administrator under the authority of the Municþal Freedom of Informalíon and
Protectíon of hivacy Act.
Identiff and address various scenarios, such as the need for an interpreter, under age
marriage, request for a proxy, intoxication, mental illness and learn to handle these
scenarios appropriately.
Knows how to complete and process various registration documents and solemnization
register.
Understand what is mandatory and what else may be said during a ceremony. Prepare
and conduct the ceremony in an appropriate manner using various scripts.
Carries out additional duties and exercises such additional responsibilities as assigned by
the Clerk or Administrator and / or as may be required by law.
1.
3.
9.
10.
11.
12.
6.
7.
8.
By-Law 2010-019 A By-Law to authorize the execution of an
employment agreement (Wharram)
Page 238 of 254
MT]MCIPALITY OF' BAYHAM
DELEGATION APPOINTMENT AND OATH OF CIVIL MARRRIAGE OFFICIANT
JACK C. \ilHARRAM JR.
I, Lynda Millard, Clerk of the Municþality of Bayham hereby appoint Jack C. Wharram Jr. as a
Marriage Officiant for the Municþality of Baytram and hereby delegate to him the powers and
duties of the Clerlq in the conduct of Civil Marriage Officiant services including but not
limited to the following principal functions and responsibilities pursuant to the Municþal Act
2001, S.O., C25 228(4) & (5), Onta¡io Regulation 2851M and the Marriage Act, R.S.O. 1990,
Chapter M. 3 for the Province of Onta¡io.
Principal Functir¡ns:
1. K¡nws arid is able to apply the legislative requirenrents of the Maniage Act and Regulations.
Understands definitions,-wlio rnay marry - consent, authority to solemnize mariages, witnesses,
role of Clerk or Administrator.
2. Ensurcs fnarriage solemnization docunpnts and statisticål r€,ports are reviewed with the Clerk a¡d
submiued to the Offrce of ttre Regishar Cærpral in a timely ¡narurcr.
3. Organizes and arranges all nrcetings with clients ard conducts Civil Marriage Solemnization
oere¡norues.
4. Ensures ttre Council Chambers is prepared for ceremonies.
5. Responsrble to greet clients, respond ûo solemnization inquiries, receive paynpnts by cfieçe.or
casli, iszue receipts, zubmit fi¡nds to municþality promptly, conplete marriage solernnization
docu¡nents and record information in the regisær.
6. Acts as initial contact on the telephore or email and taking apprqriate action as reEtired.
7. Maintains an adequate stâtioriery supply.
8. Responsible for collecting, keeping and dispensing information urtrr the zupervision 9f ttrc-
Adrñinistator under tfre ãuürority of tne MaãicþøI Freedom of InfornøtÍon and ProtcctÍon of
Prívacy Act.
9. Identiff and address various scenarios, zuch as the rced for an interpreter, under age marriage,
reçest for a proxy, intoxication, mental ilkess ard learn to ha¡rdle these scena¡ios appropriaæly.
10. Knows how to complete and process various registration documents and solemnization register.
11. Understand what is mandatory ard what else may be said during a ceremony. Prepare and
conduct the ceremony in an appropriate mar¡¡rcr using various scrþS.
L2. Carries out additional duties ard exercises such additional reqponsibilities as assigned by the Clerk
or Administrator arñ I or as may be required by law.
Declared before me
¡t the Municipality of Bayham
in the County of Elgin this
day of
A Commissioner, etc.
2010 Lynda Millard
By-Law 2010-019 A By-Law to authorize the execution of an
employment agreement (Wharram)
Page 239 of 254
Delegation Appointrnent & Oath of Marriage Officant - Wha¡ram Page2
*¡¡¡È++++*t+tt+*'t++++*¡t++++t+*+++t+*¡¡*+++*+++¡t++:F
I, Jack C. Wh¡rr¡m Jr, n¡med above, solemnly decl¡re th¡t I will act feithfully in the capacity set
out in my eppointment rnd perform rll the dutÍes required by law without partiality, fear or
affection
Declared before me
at the Municþality of Bayham
in the County of Elgin thÍs
day of 2010 Jack C. Wharram Jr.
A Commissioner, etc.
By-Law 2010-019 A By-Law to authorize the execution of an
employment agreement (Wharram)
Page 240 of 254
THE CORPORATION OF THE
MUNICIPALITY OF BAYHAM
BY-LAW NO. 2010-023
A BY-LAW TO AUTHORIZE THE EXECUTION
OF AN AGREEMENT BET\ilEEN
THE MUNICIPALITY OF BAYHAM
AI\D
HER MAJESTY THE QUEEN IN RIGHT OF CANADA
AS REPRESENTED BY THE MINISTER OF PUBLIC WORKS AND
GOVERNMENT SERYICES ACTING THROUGH THE CANADIAN GENERAL
STANDARDS BOARI)
REGARDING THE ACCREDITATION OF THE
OPERATING AUTHORITY OF MUNICIPAL DRINKING WATER SYSTEMS
WHEREAS the CGSB has established an accreditation program for the purpose of ascertaining
whether a party is capable of meeting the requirements under the Accreditation Program for
Operating Authorities of Municipal Drinking Water Systems;
AND \ilHEREAS the Municipality of Bayham has made an Application to Canada representing
that its services meet the requirements of Ontario's Drinking Water Quality Management
Standard as well as the Program Handbook for the Accreditation of Operating Authorities -
Municipal Drinking'Water Systems;
AND }VHEREAS the CGSB has advised the Municipality of Bayham that it has been successful
in meeting the requirements of Ontario's Drinking \ù/ater Quality Management Standard;
THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY
OF BAYHAM ENACTS AS FOLLO\ilS:
1. THAT the Mayor and Clerk be and they are hereby authorized and directed to execute
the Agreement attached hereto as Schedule "4" and forming part of this by-law between
the Municipality of Bayham and Her Majesty the Queen in Right of Canada as
represented by the Minister of Public Works and Government Services respecting the
Accreditation of the Operating Authority of Municipal Drinking Water Systems.
2. THAT this by-law shall come into full force and effect upon final passing.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 4th DAY
OF MARCH 2010.
MAYOR CLERK
By-Law 2010-023 A By-Law to authorize the execution of an
agreement (Accreditation of the Operating Authority of Municipal
Page 241 of 254
By-Law 2010-023 A By-Law to authorize the execution of an
agreement (Accreditation of the Operating Authority of Municipal
Page 242 of 254
THIS AGREEMENT made on the 23rdday of February 2010
BETWEEN Her Majesty the Queen in right of Ca¡rada as represented
by the Minister of Public Works and Govemment Services
acting through the Canadian General Standa¡ds Board
(hereinafter referred to as "Canada")
The Municipality of Bayham, a municipality incorporated
under the laws of the Province of Ontario, Canada, and
AND
having its head ofhce in Straffordville, Ontario
(hereinafter "the Operating Authority")
AGREEMENT FOR THE ACCREDITATION OF THE OPERATING
AUTHORITY OF MT]NICIPAL DRINKING WATER SYSTEMS
WHEREAS Canad4 as represented by the Minister of Public Works a¡rd
Govemment Services, has made the Canadian General Standards Board (hereinafter "the
CGSB') responsible for the administration of certain accreditation programs;
AI\D WHEREAS the CGSB has further to its ma¡rdate established an
accreditation program for the purpose of ascertaining whether a party is capable of
meeting the requirements under the Accreditation Program for Operating Authorities of
Municipal Drinking Water Systems (hereinafter "the Accreditation Program");
AIìD WHEREAS the Operating Authority wishes to participate in and be listed
under the Accreditation Program with respect to those of its Drinking Water Systems that
are listed in the attached Schedule "B";
AND \VHEREAS the Operating Authority has made an Application to Canada
representing that its services meet the requirements of Ontario's Drinking Water Quality
Management Standa¡d (hereinafter "the Standard") as well as the Program Handbook for
the Accreditation of Operating Authorities - Municipal Drinking Water Systems
(hereinafter "the Handbook");
AND \ilHEREAS Canada is prepared to list the Operating Authority under the
Accreditation Program upon the terms and conditions and for the consideration set out
herein;
NOW THEREFORE, in consideration of the premises and of the mutual
covenants and agreements hereinafter set forth, Canada and the Operating Authority
(hereinafter collectively "the Parties") agree as follows:
L Thìs non-exclusive Accreditation shall be for a term of three (3) years
commencing the 23rd day of February 2010 and expiring on the 23rd day of
February 2013.
2. The following listed documents form
Agreement as fully and effectively as
Agreement:
a. These articles of Agreement;
part of and are incorporated into this
if they were set forth at length in this
b. Schedule "4" - "Operating Authority's Application for Accteditation";
c. The Handbook
d. Schedule
Facilities".
By-Law 2010-023 A By-Law to authorize the execution of an
agreement (Accreditation of the Operating Authority of Municipal
Page 243 of 254
In the event ofany discrepancies, inconsistencies or ambiguities in the wording of
these documents, the wording of the document that first appears on the above list
shall prevail.
In the event that a document on the above list is intemally inconsistent or
ambiguous, the wording that hrst appears in the document shall prevail over any
subsequent wording in the document.
Anplication
3. Canada declares, and the Operating Authority acknowledges, that Canada's
decision to enter into this Agreement is based in part upon the Operating
Authority's representations and undertakings that are set out in the Operating
Authority's Application for Accreditation submitted by the Operating Authority.
Listing in the Accreditation Prosram
4. During the term of this Agreement and subject to the conditions set out herein,
Ca¡rada shall list the Operating Authorþ as a participant in the Accreditation
Program provided that the Operating Authorþ satisfies on an ongoing basis the
terms, conditions and other requirements of the Agreement of the Accreditation
Program as detailed in the Handbook.
5. The Operating Authority agrees and covenants that it will comply with and
perform all its obligations in accordance with the terms, conditions,
specifications, representations, undertakings and other requirements of this
Agreement, the Standard a¡rd the Handbook, during the term of this Agreement
and for all its drinking water systems a¡rd facilities listed at Schedule "8", which
may be amended from time to time through mutual agreement of CGSB and the
Operating Authorþ, including taking responsibility for ensuring that:
a. the Operating Authority continues to respect the representations made in the
Operating Authority's Application for Accreditation (Schedule *4")
throughout the term ofthis Agreement; and
b. the Operating Authority reports to the CGSB, without any delay, any changes
to its operations, facilities and procedures, or any other changes relative to its
representations made in the Operating Authority Application for Accreditation
(Schedule "4").
6. Canada also reserves the right to change the Handbook at any time. If Canada
amends the Ha¡rdbook, the Operating Authority will be notified that a new
revision of the Handbook has been released, and it will be the sole responsibility
of the Operating Authority to retrieve and implement the most cunent revision of
the Handbook. If required, the Operating Authorþ will be given reasonable time
to implement associated changes to its operations, facilities and procedures that
are needed to conform to these amendments. After this time, Canada may require
that the Operating Authority confirm in writing that it conforms to the revised
Handbook. Failure to bring a listed facility into conformance with the revised
Handbook within the time given for implementation shall be, at the option of
Canad4 either grounds for de-listing or a default under this Agreement.
7. Similarly, the Province of Ontario may amend the Standard at any time. It is the
sole responsibility of the Operating Authorþ to ensure that they monitor and
conform to the most current revision of the Standa¡d. If required, the Operating
Authority will be given reasonable time to implement associated changes to its
operations, facilities and procedures that a¡e needed to conform to these
amendments. After this time, Canada may require that the Operating Authority
confirm in writing that it conforms to the revised Standa¡d. Failure to bring a
listed facility into conformance with the revised Standard within the time given
for implementation shall be, at the option of Canada, either grounds for de-listing
or a default under this Agreement.
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Withdrawal and/or Termination bv the Ooeratine Authoritv
8. The Operating Authority may, at any time, inform Canada in writing that it is
withdrawing from the Accreditation Program. The Operating Authorþ shall no
longer use the CGSB accreditation number. Upon the Operating Authority's
formal withdrawal from the Accreditation Program, Canada shall not be obligated
to repay any payment or portion of any payment made by the Operating Authority
that corresponds to a period of time extending beyond the withdrawal from the
Acc¡editation Program.
The operating Authorþ may, aI the option of the operating Authority, terminate
this Agreement by giving sixty (60) days' written notice to Canada in the manner
set forth and at the address listed at Article 28'
Sisnifi cance of Accreditation
9.
the Handbook a¡rd those of the Standard. The Operating Authority shall make no
other implied or express representations as to the meaning of such a listing. The
Operating Authority the listing of the Operating
Authority under the way relieves the Operating
Authority of the duty ons applicable to the industry
and to maintain a c gent program and a quality
management system to ensure that the Operating Authority meets or exceeds the
requirements of the Handbook and the Standard.
Asreement to use the CGSB Accreditation number
10. During the term of this Agreement a¡rd subject to the terms and conditions set out
herein, Canada hereby grants the Operating Authority the right to use the CGSB
accreditation number in accordance with section l0 0f the Handbook, "use of the
CGSB name and Accreditation number".
1 l. Canada shall have the right to preview and approve the use of its name, the CGSB
acc¡editation number or any other representation of its Accreditation Program
before publication, printing or other use by the Operating Authority. This right
includes the right to preview any other claim or representation made by the
Operating Authority in or on advertising, promotional materials or labels that
have not been assessed and listed by Canada.
12. that the
that all
inure to
bjects to
number by the Operating Authority, the Operating Authority will have to cease
such use immediately. The Operating Authority agrees that it will do nothing
inconsistent with Canada's ownership of and title to the CGSB accreditation
number, or with the rights provided to the operating Authority under this
Agreement re ion number. Nothing in this Agreement
shall give th right, title or interest in the CGSB
accreditation to use the number in accordance with
this Agteement.
13. The failure of the Operating Authority to confotm to the terms, conditions and
covenants contained in this Agreement shall entitle Canadq acting reasonably at
its sole discretion, to terminate the Agreement. The Operating Authority agrees
that the breach ofany term, condition or covenant contained in Section l0 ofthe
Handbook, "Use of the CGSB name and Accreditation number", or Articles l0 to
13 of this Agreement, or any use of the CGSB accreditation number without
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14.
Canada's prior consent, will cause ineparable injury to Canada. The Operating
Authority therefore agrees, in the event ofany such breach, and notwithstanding
any provision to the contrary in this Agreement, that it will not oppose Canada's
request to a court of competent jurisdiction for injunctive relief preventing the
Operating Authority's continued use of the CGSB accreditation number.
The Operating Authority shall immediately notify Canada of any apparent
infringement of or challenge or claim by any person relating to the CGSB
accreditation number. Canada shall have the exclusive right to control as it sees
fit, in its sole discretion, any settlement, litigation or other proceeding relating to
such infringement, challenge or claim or otherwise relating to the CGSB
accreditation numbe¡.
Accreditation Program Fees
15. Each year during the term of this Agreement, in consideration of the
non-exclusive accreditation granted by Canada hereby, and in consideration of
Canada's activities relating to its management of the Accreditation Program and
its listing of the Operating Authority as a participant, the Operating Authority
shall pay to Canada fees and charges as detailed at Section 9, "Costing", ofthe
Handbook.
16. Payment of the said fees and charges shall be made in the manner set forth at
Section 9, "Costing", ofthe Handbook.
Interest on Late Pavments
17. The Operating Authority shall be liable to pay to Canada simple interest at the
Bank Rate, plus tkee percent (3.00%), on any overdue amount fiom the date such
amount became overdue until the date prior to the date of payment, inclusively.
18. ForthepurposesofArticle 17
a. ari amount is "due and payable" when it is due and payable by the Operating
Authority to Canada pursuant to the terms of this Agreement;
b. an amount is "overdue" when it is unpaid on the first day following the day
that it is due and payable;
c. "date of payment" means the date on which the payment of the fees and
charges detailed in Section 9, "Costing", of the Handbook is received by
Canada; and
d. "Bank Rate" means the prevailing discount rate ofinterest set by the Bank of
Canada at the opening of business on the date the amount of the fees and
charges detailed in Section 9, "Costing", ofthe Handbook become overdue.
Termination for Default
19. Canada may terminate this Agreement upon giving written notice to the Operating
Authority in the event that
a. the Operating Authority fails, refuses or neglects, or is unable to comply with
any of the provisions of this Agreement;
b. the Operating Authorþ fails to comply with the provisions of its Application
for Accreditation (Schedule "4");
c. the Operating Authority fails to comply with the requirements of the Sta¡rdard
or the Handbook;
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20.
d. the Operating Authority fails to respect any of the time periods stipulated,
referred to or set in accordance with this Agreement; or
e. any amount payable by the Operating Authority to Canada under the terms of
this Agreement remains unpaid for more than sixty (60) days.
This Agreement shall terminate without notice, and all rights accorded to the
Operating Authority under this Agreement shall be terminated, if the Operating
Authorþ
a. applies for or consents to the appointment of a receiver, receiver manager,
trustee or liquidator for itself or any of its property;
b. is unable or admits its inability to pay its debts as they become due;
c. makes a general assignment for the benefit of creditors;
d. is adjudicated bankrupt or insolvent; or
e. files a voluntary petition in bankruptcy or a petition seeking reorganization or
arrangement with creditors; takes adværtage of any insolvency law; admits to
the material allegations of a petition filed against it in any bankruptcy,
reorganization or insolvency proceeding; initiates a corporate action to effect
any of the foregoing; or if an order is made or a resolution passed for the
winding up of the Operating Authority.
The Operating Authority shall be liable to Canada for all loss and damage that
may be suffered by Canada by reason of any default on the part of the Operating
Authorþ.
Notwithstanding anything herein to the contrary, upon termination of this
Agreement for any reason of default by the Operating Authority, all fees and
charges that a¡e owing pursuant to the terms of this Agreement shall immediately
become due and payable, and in no event shall Canada become obligated to repay
any payment made or any portion of a payment that has been made and that
corresponds to a period of time that extends beyond the date of termination by
reason ofdefault.
Termination bv Canada
23. Ca¡rada may, at the option of Canada, and in addition to the provisions of
Article 20 herein, terminate this Agreement by giving sixty (60) days' written
notice to the Operating Authority in the manner set forth and at the address listed
at Article 28.
24. In the event Canada terminates this Agreement for any reason other than the
Operating Authority's default in respecting any of its obligations hereunder, the
annual Program Management charges will be prorated according to the number of
days of the then current year during which this Agreement is in effect, and the
remaining portion for that year will be reimbursed to the Operating Authority. In
the event, however, that the Operating Authority terminates this Agreement
pursuant to A¡ticle 8 hereot then the Operating Authority shall not be entitled to
any reimbursement.
Indemnitv
25. Without limiting Ca¡rada's remedies and recourses at law, the Operating
Authority covenants and agrees to indemnif, and save harmless Canada' the
Minister of Public Works and Govemment Services Canada and their servants
and agents from and against
2t.
22.
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any damages, costs or expenses or any claim, action, suit or other proceeding
that they or any of them may at any time incur or suffer as a result of or
arising out of any injury to persons (including injuries resulting in deatþ or
loss of or damage to property of others that may be or be alleged to be caused
by or suffered as a result of
i. the Operating Authority's operations, facilities and procedures;
ii. the provision of a service by or for the Operating Authority and in
connection with which the CGSB accreditation number is used, whether
such use is authorized or unauthorized; or
iii. any other act or omission of the Operating Authority;
any and all liability, loss, cost, damages, legal fees and expenses ofwhatever
kind or nature that Canada may sustain or incur by reason or in consequence
of any act or omission of the Operating Authority in respect of the right
granted herein to use the CGSB accreditation number or display the certificate
issued by Canada, or the right to use or the use of the CGSB accreditation
number in connection with any product and/or facilities, whether authorized
or unauthorized; and
any reasonable costs that may be sustained or incurred by Canada in making
any investigation on account of any such liability, loss, cost, damage, legal
fees or expenses in defending or prosecuting any action, suit or other
proceeding that may be brought in connection therewith or in obtaining a
release from liability in connection therewith, or in enforcing any of the
obligations herein contained.
Canada shall give notice to the Operating Authority of any claim, action, suit
or proceeding referred to above. To the extent requested by the Attomey
General of Canadq the Operating Authority shall, at its own expense,
participate in or conduct the defense of any such claim, action, suit or
proceeding and any negotiations for settlement of the same, but the Operating
Authorþ shall not be liable to indemnifr Canada for payment of any
settlement unless it has consented to the settlement.
Assignment
26. This Agreement is personal to the Operating Authority and shall not be assigned
or otherwise encumbered by the Operating Authority or by operation of law, in
whole or in part. Any purported assignment or encumbrance of this Agreement by
the Operating Authority shall be null and void.
Tirne is of the Essence
27. Time shall be of the essence of this Agreement.
Notice
28. a. Any notice shall be in writing and may be delivered by hand or sent by e-mail,
by courier, by registered mail or by facsimile or other electronic means that
provides a paper record ofthe text ofthe notice, and addressed to the Party for
whom it is intended at the address set out below. Any notice shall be deemed
to be effective on the day it is received at that address.
a.
b.
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For the Operating Authorþ' to:
Water/Wastewater Superintendent
Municipality of Bayham
9344 Plank Road, PO Box 160
Straflordville, Onta¡io
(Canada)
NOJ IYO
For Canada' to:
Director
Canadian General Standa¡ds Board
I I Laurier Street, Place du Portage
Phase III, 6Bl
Gatineau, Quebec
(Canada)
KIA IG6
b. Either pa¡ty may, by written notice to the other, change its address for
purposes ofthis a¡ticle. In the event that any notice sent to the address set out
in this article, or in the latest address change notice received by the party
sending undelivered by reason ofthe fact that the
party to moved or does not occupy the designated
address, ess be deemed to have been received by
such party on the date it was sent.
Miscellaneous
29. This Agreement shall be govemed by and construed in accordance with the laws
in effect in the Province of Ontario.
30. No member of the House of Commons shall be admitted to any share or part of
this Agreement or to any benefit to a¡ise therefrom.
3 L a. The Operating Authority certifies that it has not, directly or indirectly, paid or
agreed to pay and agrees that it will not, directly or indirectly, pay a
contingency fee for the solicitation, negotiation or obtaining ofthe Agreement
to any person other than an employee of the Operating Authority acting in the
normal course ofthe employee's duties.
In this article,
"contingency fee" means any payment or other compensation that depends or
is calculated on the basis of a degree of success in soliciting, negotiating or
obtaining the Agreement, and "person" includes any individual who is
required to file a retum with the Commissioner of Lobbying pursuarit to
section 5 of the Lobbyíng Act, 1985, c.44 (4rh Supp');
"employee" means a person with whom the Operating Authority has an
employer-employee relationship; and
"person" means corPoration, a
partnership, an restricting the
generality of the le a retum with
the Commission LobbYing Act,
1985, c. 44 (4th Supp.) as the same may be amended from time to time.
b. All accounts and records of the Operating Authority pertaining to payment of
fees or other compensation for the solicitation, negotiation or obtaining ofthis
Agreement shall be open to audit, inspection and examination by the
authorized representatives of the CGSB, who may make copies and take
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32
extracts therefrom. The Operating Authority shall provide all facilities for
such audits and inspections and shall fumish all such information as the
representatives of the CGSB may from time to time require with respect to
such accounts and records.
c. If the Operating Authority certifies falsely under this article or is in default of
the obligations contained herein, the CGSB may either terminate this
Agreement for default in accordance with the termination for default
provisions of the Agreement or recover from the Operating Authorþ the full
amount ofthe contingency fee.
a. Persons in Canada, and Canadians outside ofCanada are bound by economic
sanctions imposed by Canada. Details on existing sanctions can be found at
www. dfait-maeci. gc. caltrade/sanctions-en.asp.
b. The Operating Authority undertakes and agrees that it will, in the performance
of this Agreement, comply with any such regulations that are in force on the
effective date of the Agreement.
c. The Operating Authority must comply with changes to such regulations
imposed during the period of the Agreement. The Operating Authority must
immediately advise Ca¡rada if it is unable to abide by the terms of the
Agreement or the other documents listed at A¡ticle 2 of this Agreement, as a
result of the imposition of economic sanctions against a country or person ot
the addition of a good or service to the list of sanctioned goods or services. If
the Parties cannot agree on a workaround plan, the Agreement will be
terminated.
This Agreement represents the entire agreement between Canada and the
Operating Authority relating to the subject matter of the Agreement and
supersedes all previous negotiations, communications and other agreements,
whether written or oral, relating to it, unless they are incorporated by reference in
the Agreement. There are no terms, covenants, representations, statements or
conditions binding on the Parties other than those contained in the Agreement.
This Agreement shall inure to the benefit of, and shall be binding upon, the
successors and permitted assignees of Canada and of the Operating Authority.
AII of the Operating Authority's representations and warranties set out in this
Agreement as well as the provisions conceming indemnity against third patty
claims shall survive the expiry of the Agreement or the termination of the
Agreement for default, for convenience or by mutual consent, as shall any other
provision of the Agreement that, by the nature of the rights or obligations set out
therein, might reasonably be expected to be intended to so survive.
No amendment or modification to this Agreement shall be valid and binding
unless it is incorporated into the Agreement by written amendment executed by
the authorized representatives ofboth Canada and the Operating Authority.
No waiver shall be valid, binding or affect the rights of the Parties unless their
respective authorized representatives make it in writing. The waiver by a Party of
a b¡each ofany term or condition ofthe Agreement shall not prevent the
enforcement ofthat term or condition by that Party in the case ofa subsequent
breach, and shall not be deemed or constitute a waiver ofany subsequent breach.
Every right, remedy, power and discretion vested in or acquired by Canada under
this Agreement or by law shall be cumulative and non-exclusive.
JJ.
34.
35.
36
37.
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IN WITNESS \ilHEREOF this Agreement hes been duly executed on behalf of HER
MAJESTY THE QUEEN IN RIGHT OF CANADA, as represented by the Minister
of Publics Works and Government Seruices acting througb the Canadian General
standards Board, ând has been duly executed on bebalf of THE MIINICIPALITY
oF BAYHAM, the operating Authority, by its duly authorized officer effective the
day and year first above wriften.
MINISTER OF PUBLIC \ilORKS AND GOVERNMENT SERVICES
(as represented by and acting through the Canadian General Standards Board)
Name/title: Terrence Davies / Director, Canadian General Standards Board
OPERATING AUTHORITY
(The Municipality of Bayham)
Name/title:
rüitness Name/title:
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SCHEDULE "4"
APPLICATION AND UNDERTAKING
As per the signed application dated the 23rd day ofApril 2009
l0
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SCHEDULE "B''
DRINKING \ilATER SYSTEMS AND FACILITIES
Drinking Water System Name(s) / Address(es):
Municipality of Bayham Distribution System
Communities of Port Burwell and Vienna
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