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HomeMy WebLinkAboutFebruary 05, 2009 - CouncilCOUNCIL AGENDA THE CORPORATION OF THE MUNICIPALITY OF BAYHAM 9344 Plank Road, Straffordville February 5, 2009 7:00 p.m. Page 1.CALL TO ORDER 2.DISCLOSURE OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF 3.APPROVAL OF MINUTES AND ADDITION OF AGENDA ITEMS (a Minutes of the regular meeting of council held January 15, 2009. (b Added Item(s) 4.DELEGATIONS (a 7:05 p.m. - Graham Decow, Project Coordinator and Mark Emery, Stewardship Coordinator from Elgin Stewardship Council regarding "Elgin Landscape Strategy". (b 7:15 p.m. - Doug Lester from the Otter Valley Chamber of Commerce regarding "2009 Initiatives". (c 7:25 p.m. - Wanda Hoshal regarding "Estherville Cemetery". 5.INFORMATION ITEMS (a Correspondence dated January 23, 2009 from Association of Municipalities of Ontario, Waste Diversion Ontario, Stewardship Ontario regarding "Blue Box Material Commodity Markets". File: A16 (b Correspondence dated January 25, 2009 from Kathleen Harris, National Bureau chief regarding "Feds boost tourism fund". File: A16 7-21 23-24 25-26 Page 1 of 335 Council Agenda February 5, 2009 Page 5.INFORMATION ITEMS (c Correspondence dated January 12, 20, 23, 26 and 27, 2009 from Association of Municipalities of Ontario regarding ""AMO's Pre-Budget Submission calls for Increased Infrastructure Investment", "Minister Extends Consultation Period on the Waste Diversion Act Review to April 1, 2009", "Reminder February 6, 2009 Deadline to Respond to Government's Initial Proposed AODA Information, Communications Standard", "Federal Government Announces New Infrastructure Funding" and "Ontario Municipalities to Benefit from Federal Budget Measures for Infrastructure, Housing and Employment Insurance". File: A16 (d Long Point Region Conservation Authority Board of Directors minutes of meeting held December 3, 2008. File C06 (e Straffordville Cemetery Board minutes of meeting held December 10, 2008. File: C06 (f Museums Bayham minutes of meeting held November 18, 2008 and meeting held January 14, 2009. File C06 (g Copy of resolution passed January 23, 2009 by Tay Valley Township regarding "Recycled materials". File: C10 (h Copy of resolution passed January 8, 2009 by the Township of South Algonquin regarding "Alternative energy and low grade wood waste". File: C10 (i Correspondence dated January 27, 2009 from Tourism Industry Association of Canada regarding "Tourism Industry Applauds $800 Million in Tourism and Travel Investments Announced in Budget 2009". File: A01 (j Notice of Adoption from County of Oxford regarding "Official Plan Amendment". File: D08 (k Bayham Historical Society minutes of meeting held January 8, 2009. File: C06 (l Correspondence dated January 8, 2009 from Play Works regarding "youth play in Ontario". File: R06 27-36 37-41 43-45 47-53 55 57 59-60 61-95 97-102 103-111 Page 2 of 335 Council Agenda February 5, 2009 Page 5.INFORMATION ITEMS (m Correspondence dated January 20, 2009 from Ontario Farm Animal Council regarding "consumer food choices in Ontario". File: A01 (n Correspondence received January 29, 2009 from Ontario JRPM Steering Committee regarding "Recreation and Parks Month". File: R06 (o Newsletter received January 16, 2009 from Tillsonburg District Multi Service Centre. File: S08 6.PLANNING, DEVELOPMENT, RECREATION & TOURISM 7.ROADS, AGRICULTURE & DRAINAGE (a Staff Report L2009-01 regarding Road Widening - Moore Bridge Project. File: T04 (b Correspondence dated January 16, 2009 from Robert Lozon, Chair of Canada Day Celebrations, Port Burwell Historical Society requesting permission to hold Canada Day parade in Port Burwell July 1, 2009. File: T09 8.PROPERTY, BUILDING & PROTECTIVE SERVICES (a Staff Report P2009-009 regarding Building Department Year End Report 2008. File: P10 (b Building permit report for the month ending January 31, 2009. File: P10 9.FINANCE, ADMINISTRATION & PERSONNEL (a Cheque Register being Cheques #5805 to Cheque #5928 inclusive, except Cheques #4836 and #5859 totaling $465,355.97 and Payroll Disbursements for the period ending Jan. 25, 2009 totaling $52,745.97. 113-115 117 119-122 123-124 125 127-129 131 133-151 Page 3 of 335 Council Agenda February 5, 2009 Page 9.FINANCE, ADMINISTRATION & PERSONNEL (b Staff Report F2009-07 regarding Investments 2008. File: F03.08 (c Staff Report F2009-08 regarding Annual Building Report. File: F03 (d Staff Report F2009-09 regarding Stewardship Ontario. File: F11 (e Staff Report F2009-04 regarding Municipal Eco Challenge Fund. File: F11 (f Staff Memorandum regarding Letter from Tony Csinos - Request for Clarification. File: S09 (g Final draft of the Municipality of Bayham Strategic Plan 2008-2013. File: D02 (h Staff Report C2009-01 regarding Heritage Designations - Property Implications. File: R01 (i Staff Report PR2009-03 regarding Harbour Facilities 2009. File: L04 (j Staff Report PR2009-02 regarding Food Concession and Washrooms - Municipal Beach. File: L04 (k Staff Report PR2009-04 regarding Encroachment Agreement - 22 Pitt Street. File: L04 (l Correspondence received January 30, 2009 from Lloyd & Fran Southwick regarding "maps". File: C13 (m Staff Report C2009-003 regarding 2009 Committee/Board Appointments. File: C12 (n Draft By-law 2009-011 regarding Promotional Agreement between The Municipality of Bayham and The Canadian Museums Association 10.ENVIRONMENT 153-154 155-156 157-185 187-215 217-220 221-232 233-234 235 237-242 243-249 251-252 253-258 259-266 Page 4 of 335 Council Agenda February 5, 2009 Page 10.ENVIRONMENT (a Quarterly Report for Bayham Water Distribution System and call ins for period ending December, 2008. File: E08 (b Quarterly Report for the Bayham Small Municipal Non-Residential Wells for the period ending December 31, 2008. File: E08 (c Biosolids Application Analysis dated May 1/08 and Oct 14/08, Quarterly Compliance Summary for the Port Burwell Wastewater Treatment Plant and call ins for the period ending December 31, 2008 (d Staff Report E2009-001 regarding Household Hazardous Waste/Large Item Disposal. File: E09 11.COMMITTEE OF THE WHOLE 12.BY-LAWS (a By-law 2009-006 A By-law to appoint members to Boards and Committees (b By-law 2009-007 A By-law to assume and establish lands as part of the open public highway system (Sandytown Road) (c By-law 2009-010 A by-law to authorize the execution of an encroachment agreement (Vezina) (d By-law 2009-011 A By-law to authorize the execution of a promotional agreement (Canadian Museums Association) (e By-law 2009-012 A by-law to authorize the execution of a funding agreement (Stewardship Ontario) (f By-law 2009-013 A By-law to confirm all actions of Council 13.ADJOURNMENT 267-273 275-277 279-282 283 285-288 289 291-296 297-303 305-334 335 Page 5 of 335 Council Agenda February 5, 2009 Page 13.ADJOURNMENT (a Adjournment Page 6 of 335 COUNCIL MINUTES THE CORPORATION OF THE MUNICIPALITY OF BAYHAM 9344 Plank Road, Straffordville January 15,2009 7:00 p.m. The regular meeting of the Council of the Municipality of Bayham was held on Thursday, January 15,2009 in the Council Chambers. Present were Mayor Lynn Acre, Deputy Mayor CliffEvanitski, Councillors Mark Taylor, Wayne Casier and Ed Ketchabaw, Administrator Kyle Kruger and Clerk Lynda Millard, Planning Coordinator / Deputy Clerk Margaret Underhill and Fire Chief / By-Law Enforcement Officer Paul Groeneveld were in attendance to persent their respective reports. Public Works Manager, Gerry LeMay was also in attendance. 1. CALL TO ORDER Mayor Lynn Acre called the meeting to order at 7:00 p.m. 2, DISCLOSURE OF PECUNIARY INTEREST & TIIE GENERAL NATURE THEREOF' None 3. APPROVAL OF MINUTES AND ADDITION OF AGENDA ITEMS (a) Minutes of the regular meeting of council held December 18, 2008. 2009-001 Moved by E Ketchabaw Seconded by C Evanitski "THAT the minutes of the regular meeting held December 18,2008 be approved as circulated.f' CARRIED I.INANIMOUSLY (b) Added Item(s) No items were added. 4. DELEGATIONS (a) 7:05 p.m. - Wanda Hoshal - regarding Estherville Cemetery. Ms. Hoshal inquired whether the December 18, 2008 minutes reflected that Page 1 of 15 Minutes of the regular meeting of council held January 15, 2... Page 7 of 335 Council Minutes January 15,2009 Councillor Taylor had requested the lot surrounding the construction and area designated as cemetery be investigated with a fine tooth comb. The Clerk responded that it had not been recorded. The Administrator clarified that the minutes are not recorded verbatim. but are to reflect the decisions and directions of Council made by resolution. Ms. Hoshal expressed concerns regarding discrepancy between MTO, County and Municipal maps of the area. Ms. Hoshal asked if a response had been received from Mr. Csinos in respect to the request for his permission to allow access to the properly for the dowsing to which the Administrator advised that a response had not yet been received. Ms. Hoshal requested assurance that the land not be rezoned. The Administrator responded that no rezoning application has been submitted at this time. If submitted the required parties will be notified and Council will consider an application at that time. 7:15 p.m. - Port Burwell resident Matthew Redsell was in attendance and provided a slide presentation conceming the local economy and encouraged Council to support and promote sustainable type living practices. 5. INFORMATION ITEMS (a) Copy of Resolution passed December 15, 2008 by the Council of the United Counties of Stormont, Dundas and Glengarry regarding "financial assistance to cover funeral expenses for needy individuals". File: ClO (b) Copy ofresolutionpassedNovember 12,2008by the Township of South Stormont regarding "Bill 50, the Provincial Animal Welfare Act, 2008". File: ClO (c) Correspondence dated December 10, 15, 16 and 19, 2008 and January 9,2009 from Association of Municipalities of Ontario regarding "AMO Releases Putting Out the Welcome Mat: Why Immigration Matters to Ontario's Municipalities", "Public Review Period for Draft Information and Communications Standard Extended to February 6,2009", "URGENT - Ontario's Municipal Leadership in Federal Budget Consultations", "Ontario Municipal Partnership Fund Notices for 2009", "We Need Your Support of the AMO position on the Waste Diversion Act, the Blue Box Program Plan Review" and "Municipal Leaders Forum on Green Building". File: 401 Page 2 of 15 (b) Minutes of the regular meeting of council held January 15, 2... Page 8 of 335 Council Minutes January 15,2009 (d) Conespondence dated December 31, 2008 from Ministry of Municipal Affairs and Housing regarding "Improved Energy Efficiency Standards for New Homes". File: A'16 (e) Draft minutes of the Elgin Group Police Services Board meeting held November 2r,2009. File: C06 (Ð Copy of letter dated December 18, 2008 from Chris Bentley, M.P.P., London West to Tourism London regarding "funding for cultural programs under the Ministry of Culture's Cultural Strategic Investment Fund". File: 416Æ11 (g) Correspondence dated December 19, 2008 from Association of Municipalities of Ontario regarding "Local Govemment Week". File: 401 (h) Correspondence received from Township of Bonfield and Township of East Ferris seeking financial assistance to recover from flooding. File: C13 (Ð Newsletter from Ontario Good Roads Association regarding "Board Brief - Highlights from the Board of Directors". File: 401 (j) Correspondence dated December 10, 2008 from Independent Electricity System Operator regarding "Ontario's electricity market". File: M07 (k) "Lifestyle Link" Winter 2009 newsletter received January 8, 2009 from Elgin St. Thomas Public Health. File M07 (l) Correspondence dated December 29,2008 from Ministry ofNatural Resources regarding "Information Session on the Endangered Species Act2007". File: Al6 (m) Bayham Historical Society draft minutes of meeting held December 11, 2008. File: C06 (n) Correspondence received from The Public Sector Group ofFunds regarding "Universal Corporate Bond Fund". File 401 (o) Correspondence dated January 5,2009 from Elgin St. Thomas Public Health regarding "Active Elgin". File: M07 (p) Correspondence dated January 7,2009 from Ministry of Agriculture, Food and Rural Affairs regarding "Agricultural Drainage Infrastructure Program, Upcoming Drainage Courses, Tile Loan Program". File: 416 Page 3 of 15 Minutes of the regular meeting of council held January 15, 2... Page 9 of 335 Council Minutes January 15,2009 2009-002 Moved by E Ketchabaw Seconded bv C Evanitski "THAT information items 5(a) through 5(p) be received for information." CARRIED UNANIMOUSLY 6. PLANNING DEVELOPMENT, RECREATION & TOI'RISM (a) Staff Report D2009-02 regarding Drieghe severance application. File: D10.08/09 2009-003 Moved by E Ketchabaw Seconded bv C Evanitski "THAT Staff Report D2009-02 be received; AND THAT Council recommends to the Elgin County Land Division Committee that severance application 894/08, submitted by Mark Drieghe, with dimensions further amended as per sketch dated January 7r2009,be approved subject to: 1. a copy of the final survey provided to the municipality 2, Letter of Undertaking confirming the conveyance of the severed parcel to the adjacent property owned by Mark Drieghe identified as assessment Roll #34-01-000-002-16710. Concession 4 Part Lot 18 RP11R4229 Part 1." CARRIED UNANIMOUSLY (b) Staff Report D2009-03 regarding Nurse severance application. File: Dl0.08 2009-004 Moved by C Evanitski Seconded by E Ketchabaw "TIIAT Staff Report D2009-03 be received; AND THAT Council recommends to the Elgin County Land Division Committee that severance application 890i08, submitted by David, Joan & Aaron Nurse, be approved subject to: 1. a copy of the final survey provided to the municipality 2. Letter of Undertaking confÌrming the merger of the severed parcel Page 4 of 15 Minutes of the regular meeting of council held January 15, 2... Page 10 of 335 Council Minutes January 15,2009 with the adjacent property owned by David and Joan Nurse, identified as assessment Roll #34-01-000-003-03400, Concession 5 Part Lot 15 Registered Plan 1LR5144Parts I &2 3. apportionment of assessment for drainage as per the Drøínage Act requirements.tt Councìllor Taylor noted hís opposítion to decisions møde bøsed on assessment mappíng not necessarþ beíng correct and requested s recorded vote. In Føvour Opposed Councillor TøylorMayor Acre Councìllor Casier Deputy Mayor Evsnitski Councillor Ketchabaw Motion Carried on a vote of 4 to 1 in favour (c) StaffReport D2009-04 regarding Sykes severance application. File: D10.08 2009-005 Moved by E Ketchabaw Seconded by C Evanitski "THAT Staff Report D2009-04 be received; AND THAT Council recommends to the Elgin County Land Division Committee that severance application E91/08, submitted by Don Sykes, be approved subject to: 1. a Development Agreement with the municipality for the installation of the municipal water and sewer servicing to the created lot 2. a grading plan submitted for municipal approval 3. copy of the final survey submitted to the municipality 4. $500 cash-in-lieu parkland dedication fee payable to the municipality 5. a Road Access Permit approved by the municipality." Councillor Taylor noted his opposition to decisions mude based on øssessment mapping not necessarily being correct ønd requested a recorded vote. In Favour Opposed Councillor TaylorMøyor Acre Councíllor Cøsíer Depury Mayor Evanitski Councillor Ketchabøw Page 5 of15 Minutes of the regular meeting of council held January 15, 2... Page 11 of 335 Council Minutes January 15,2009 Motion Carried on a vote of 4 to I in favour (d) Staff Report D2009-05 regarding Schwartz severance application. File: D10.08 2009-006 Moved by W Casier Seconded by E Ketchabaw |'THAT StaffReport D2009-05 be received; AND THAT Council recommends to the Elgin County Land Division Committee that severance application 896/08, submitted by Samuel and Mary Schwartz, be approved subject to 1. copy of final survey provided to the municipality 2. $500 cash in lieu parkland dedication fee 3. apportionment of assessment for drainage as per the Drøínage Act 4. rezoning ofboth retained and severed parcels 5. Road Access permiÇ as required." Councillor Tøylor noted his opposítìon to decisions møde based on assessment mapping not necessarily beíng cotrect and requested ø recorded vote. fn Føvour Mayor Acre Councillor Casíer Depuly Mayor Evanitski Councillor Ketchøbøw Motion Carried on a vote of 4 to 1 in favour Opposed Councillor Taylor (e) Staff Report D2009-06 regarding Rimnyak Severance application. File: D10.08 2009-007 Moved by W Casier Seconded by E Ketchabaw "THAT Staff Report D2009-06 be received; AND THAT Council recommends to the Elgin County Land Division Committee that severance application 898/08, submitted by Bill Rimnyaþ be approved subject to: 1. written confirmation that no previous surplus farm dwellings have been severed from this farm parcel Page 6 of 15 Minutes of the regular meeting of council held January 15, 2... Page 12 of 335 Council Minutes January 15,2009 2. copy of the final survey submitted to the municipality 3. $500 cash-in-lieu parkland dedication fee payable to the municipality 4, Letter of Undertaking confìrming that the retained lands will merge with property owned by William Sr. and Linda Rimnyak identified as assessment roll #34-01-000-002-14600 5. rezoning of the severed and retained parcels 6. apportionment of assessment for drainage as per the Draínage Act requirements.tt Councìllor Taylor noted hìs opposition to decisions made bøsed on øssessment mapping not necessarily beìng comect and requested a recorded vote. In Favour Opposed Councillor TaylorMøyor Acre Councillor Cssíer Deputy Møyor Evønìtski Coancíllor Ketchabaw Motion Carried on a vote of 4 to 1 in favour (Ð Staff Report D2009-07 regarding Underhill Severance application. File: Dl0.08 2009-008 Moved by W Casier Seconded by C Evanitski "THAT Staff ReportD2009-07 be received; AND TIIÄT Council recommends to the Elgin County Land Division Committee that severance application E86/08, submitted by Jammie Underhill tr'arms Ltd., be approved subject to: 1. ZoningBy-lawamendment 2. Site Plan drawing 3. Copy of the final survey submitted to the municipality 4. Letter of of Undertaking confirming that the severed lands will merge with property owned by Otter's Edge Estates Ltd. identified as assessment roll #34-01-000-001-09500 5. apportionment of assesssment for drainage as per the Draínage Act requirements.tt Councillor Taylor noted his oppositíon to decísions made based on øssessment mapping not necessarþ being conect and requested a recorded vote. In Favour Opposed Page 7 of 15 Minutes of the regular meeting of council held January 15, 2... Page 13 of 335 Council Minutes January 15,2009 Mayor Acre Councíllor Cssìer Deputy Mayor Evønitski Councíllor Ketchabaw Motion Canied on a vote of 4 to 1 in favour 7, ROADS, AGRICT'LTURE & DRAINAGE (a) No items. Councillor Taylor 8. PROPERTY. BTIILDING & PROTECTIVE SERVICES (a) Building permit report for the month ending December 2008. File: P10 2009-009 Movedby C Evanitski Seconded by M Taylor "THAT the Building permit report for the month ending l)ecember 2008 be received for information. rf CARRIED I-INANIMOUSLY (b) Staff Report P2009-001 regarding Emergency Management Program Annual Report. File: Pl6 2009-010 Moved by M Taylor Seconded by E Ketchabaw "THAT Staff Report P2009-001 regarding the Emergency Management Program Annual Report - 2008 be received for information". CARRIED UNANIMOUSLY (c) Staff Report P2009-002 regarding Fire Department Annual Report - 2008. File: Pl6 2009-01 1 Moved by C Evanitski Seconded by W Casier "TIIAT Staff Report P2009-002 regarding the Fire Department Annual Pase 8 of 15 Minutes of the regular meeting of council held January 15, 2... Page 14 of 335 Council Minutes January 15,2009 Report - 2008 be received for information." CARRIED I.INANIMOUSLY (d) Staff Report P2009-003 regarding By-law Enforcement Program 2008 Year End Report. File: Pl6 2009-012 Moved by W Casier Seconded by M Taylor I'TIIA.T Staff Report 2009-003 regarding the By-law Enforcement Program Annual Report for 2008 be received for information.'r CARRIED UNANIMOUSLY (e) Staff Report P2009-005 Emergency Response Program Amendments. File: P16 2009-013 Moved by C Evanitski Seconded by W Casier "TIIAT Staff Report P2009-005 regarding the Emergency Response Program Amendments be received for information; Al\[D THAT ByJaw 2009-001 be presented to Council for enactment." CARRIED I-INANIMOUSLY (Ð Staff Memorandum PR2009-01 regarding County Land Acquisition - CP Rail Lands at Black Bridee. File: L07 2009-014 Moved by W Casier Seconded by M Taylor 'TTHAT Staff Memorandum PR2009-01 regarding County Land Acquisition - CP Rail Lands at Black Bridge be received; AND THÄT lands described as Part of Lots L9 and 20, Concession North Gore, of the Municipality of Bayham, designated as Parts 1.,2, and 3 on Registered Plan 11R-8999,be declared surplus to the needs of the Municipatity of Bayham; Page 9 of 15 Minutes of the regular meeting of council held January 15, 2... Page 15 of 335 Council Minutes January 15,2009 AND THAT ByJaw No. 2009-005 to authortze the conveyance of real property in the Municipality of Bayham described as Part of Lots 19 and 20, Concession North Gore, designated as Parts lr2 and,3 on Plan 11R- 8999, be presented to Council for enactment." Councillor Taylor noted hís oppositìon to decìsíons made based on assessment mappìng nol necessørily being conect ønd requested ø recorded vote. In Føvour Opposed Councillor TøylorMayor Acre Councìllor Cøsier Depuly Møyor Evønitskí Councíllor Ketchabaw Motion Carried on a vote of 4 to 1 in favour (g) Staff Memorandum regarding Sketch Dimensions - Csinos Property (Report c2008-12). File: S09 2009-015 Moved by W Casier Seconded bv C Evanitski "THAT Staff Memorandum regarding Sketch Dimensions - Csinos Property (Report C2008-12) be received for information.fr CARRIED LINANIMOUSLY 9. FINANCE. ADMINISTRATION & PERSONNEL (a) Cheque Register being Cheques #5681 to Cheque #5804 inclusive, totaling $271,563.64 and Payroll Disbursements for the period ending Dec 28, 2008 totaling $51,403.01. 2009-016 Movedby W Casier Seconded by M Taylor TTTHAT Cheque Register being Cheques #5681 to Cheque #5804 inclusive, totaling 5271,563.64 and Payroll I)isbursements for the period ending Dec 28,2008 totaling $51,403.01 be approved." CARRIED T.INANIMOUSLY Page 10 of 15 Minutes of the regular meeting of council held January 15, 2... Page 16 of 335 Council Minutes January 15,2009 (b) Staff Report F2009-01 regarding Yearly Update to Bylaws. File: F03 2009-0r7 Moved by W Casier Seconded by E Ketchabaw "THAT Staff Report F2009-01 be received; AìID THAT By-law 2008-003 and By-law 2008-004 being bylaws to authorize borrowing and to provide for an Interim Tax Levy, respectively, be presented to Council for enactment." CARRIED I.INANIMOUSLY (c) Staff Report F2009-02 regarding Council Remuneration & Expenses . File: F03.03 2009-018 Moved by M Taylor Seconded by W Casier "TIIAT Staff ReportF2009-02 regarding Council Remuneration & Expenses be received for information." CARRIED TINANIMOUSLY (d) Copy of Conespondence dated December 9, 2008 from Corporation of the Municipality of Clarington to Alcohol and Gaming Commission of Ontario regarding "Lottery Licensing - Request for Process Streamlining". File: P09 2009-0t9 Moved by M Taylor Seconded by W Casier "TIIAT copy of correspondence dated December 9,2008 from Corporation of the Municipality of Clarington to Alcohol and Gaming Commission of Ontario be received: AND THÄT the Council of the Municipality of Bayham supports the resolution passed by the Municipality of Clarington on December 8, 2008 regarding "Lottery Licensing - Request for Process Streamlining." CARRIED Page l1 of15 Minutes of the regular meeting of council held January 15, 2... Page 17 of 335 Council Minutes January 15,2009 (e) Correspondence dated December 15, 2008 from Tillsonburg & District Multi- Service Centre regarding "Adult Basic Literacy program". File: 401 2009-020 Moved by M Taylor Seconded bv W Casier "THAT the correspondence dated December 15,2008 from Tillsonburg & District Multi-Service Centre regarding Adult Basic Literacy program be received; AND TIIAT the application be considered with other Municipal assistance requests." CARRIED TINANIMOUSLY (Ð Correspondence received from Ministry of Citizenship and Lnmigration regarding "Volunteer Service Awards". File: M08 2009-02r Moved by M Taylor Seconded bv W Casier "THAT correspondence received from Ministry of Citizenship and Immigration regarding Volunteer Service Awards be received; AND THAT the Council of the Municipality of Bayham nominates the following volunteers for recognition: Charles Buchanan Jean Woon Bob Graham Lewie Acre.tt CARRIED UNANIMOUSLY 10. EI\¡'VIRONMENT (a) No Items 11. COMMITTEE OF'THE WHOLE Page 12 of 15 Minutes of the regular meeting of council held January 15, 2... Page 18 of 335 Council Minutes January 15,2009 (a) In Camera. 2009-022 Moved by E Ketchabaw Seconded by C Evanitski I'THAT the Council do now rise to enter into an rrln Camerarf Session of Committee of the Whole at 10:00 p.m. to discuss: o personal matters about an identifÌable individual, including municipal or local board employees; . labour relations or employee negotiations." CARRIED TINANIMOUSLY 2009-023 Moved by C Evanitski Seconded by E Ketchabaw "TIIAT the Committee of the Whole do now rise from the "In Camera" session at 10:56 p.m." CARRIED UNANIMOUSLY (b) Closed session minutes of the regular meeting of Council held December 18, 2009. (c) Confidential Staff Report F2009-03 regarding Personal matter. (d) Confidential St¿ff Memorandum regarding labour relations / employee negotiations. (e) Confidential Staff Memorandum regarding labour relations / employee negotiations. 2009-024 Moved by C Evanitski Seconded by W Casier 'TTIIAT Confidential Staff Memorandum regarding Public Works Department Structure - Report H2008-08 be received; AND TIIAT Council adopt the new organization structure and position descriptions for the Public Works Department as outlined in report H2008- 08; AND THAT the point evaluations attached to report H2008-08 be adopted for the positions of Manager of Public Works and Public Works Operations Supervisor and that the positions be placed in Grade 7 rnd 5 respectively of the approved salary grid; AND THAT staff be authorized to prepare all necessary by-laws and Page 13 of 15 Minutes of the regular meeting of council held January 15, 2... Page 19 of 335 Council Minutes January 15,2009 postings under the Pay Equity Act to enact all approved changes; AND THAT staff be authorized to commence hiring process for the position of Public Works Operations Supervisor." CARRIED UNANIMOUSLY (Ð Confidential Staff Report H2009-02 regarding labour relations / employee negotiations. (g) Confidential Staff Report H2009-01 regarding labour relations / employee negotiations. 2009-025 Moved by C Evanitski Seconded bv E Ketchabaw "THAT the Municipality of Bayham recognize Family Day as a Statutory Holiday for 2009, on a "without prejudice" basis. CARRIED TINANIMOUSLY (h) Out of Camera. As above. 12. BY.LAWS (a) By-Law 2009-001 A By-Law establishing an Emergency Management Program (b) By-Law 2009-003 To authorize bonowing from time to time to meet current expenditures (c) By-Law 2009-004 A By-Law to provide for an Interim Tax Levy (d) By-Law 2009-005 A By-Law to authorize the conveyance ofreal property (Pt Lots 19 & 20 Conc North Gore) 2009-026 Moved by C Evanitski Seconded by M Taylor "THAT By-Laws 2009-001, 2009-003, 2009-004 and 2009-005 be read a first, second and third time and finally passed." CARRIED I.]NANIMOUSLY Page 14 of 15 Minutes of the regular meeting of council held January 15, 2... Page 20 of 335 Council Minutes January 15,2009 (e) By-Law 2009-002 A By-Law to confirm all actions of Council 2009-027 Movedby M Taylor Seconded by W Casier I'THAT confirming By-Law 2009-002 be read a first, second and third time and finally passed.f' CARRIED I.INANIMOUSLY 13. ADJOURNMENT (a) Adjoumment 2009-028 Moved by W Casier Seconded by M Taylor "THÄT the Council meeting be adjourned at 10:59 p.m." CARRIED UNANIMOUSLY DATE: MAYOR Page 15 of15 Minutes of the regular meeting of council held January 15, 2... Page 21 of 335 Page 22 of 335 AÈIO Asíatíon of lrlu¡Íc¡palil¡s of Ontarío 5 l{IU January 23,2009 Dear Mayors and Members of Council: RE: Blue Box Material Gommodity Markets Over the past few months, most Ontario municipalities have encountered problems marketing printed papers and packaging materials collected through residential Blue Box programs. Demand for both primary and secondary resources has declined dramatically, in reaction to the deterioration in global economic conditions. As global demand for finished products has declined, markets have purchased less material and reduced the prices offered for recyclable materials. Some municipalities have contacted Waste Diversion Ontario (WDO), Stewardship Ontario and the Association of Municipalities of Ontario (AMO) questioning whether stockpiling Blue Box materials might bring higher revenues in a few months. After considering the state of local, national, and international commodity markets and the general economic uncertainty, WDO, Stewardship Ontario and AMO have concluded that municipalities should:. take every opportunity to market materials to recycling markets, even at reduced revenues;. where marketing materials, even at reduced revenues, is not an available option, market materials to recycling markets that charge a tip fee, making every effort to minimize tip fees paid;. for paper fibres, where it is not feasible to market materials even at reduced revenues or tip fees, direct materials to permitted composting facilities and, where the composting facilities are operated by municipalities, make every effort to market the resulting compost for revenue; and. for non-paper materials, where it is not feasible to market materials even at reduced revenues or tip fees, hold materials pending increased market demand. We appreciate that your net costs to collect, process and market Blue Box materials are increasing as a result of declining revenue. Under the Blue Box Program Plan, 50% of the net municipal Blue Box system cost is off-set by funding from Blue Box stewards. lf you continue to divert Blue Box materials, higher costs incurred over the fall of 2008 will be reflected in the net cost calculation that WDO provides to Stewardship Ontario for the purposes of setting the 2010 stewards fees. Similarly, higher net costs in 2009 will be factored into setting the 2011 Blue Box stewards'fees so that the 50% steward cost sharing will be maintained. Waste Diversion Ontar¡o 45 Sheppard Ave. E. Suite 920 North York, Ontario, Canada M2N 5W9 Tel: 416-226-5'113 Fax:4'16-226-1368 Email: wdo(ôr¡vdo.ca Website: www.wdo.ca Stewardship Ontar¡o 26 Wellington Street East Suite 601 Toronto, Ontario, Canada MsE 1S2 Tel.: 416-59,1-3456 Fax: 416-594-3463 Email: info(tDstewardshipontario,ca Website: www.stewa¡dshjpo¡la¡þ.ea Association of Municipalities of Ontar¡o 200 University Ave. Suite 801 Toronto, Ontario Canada MsH 3C6 Tel.: 416-971-9856 Fax: 416-97'l-6191 Ema¡l: amo@amo.on.ca Website: www.amo.on.ca Correspondence dated January 23, 2009 from Association of Mu... Page 23 of 335 Under the Blue Box Program Plan, newspaper publishers meet their steward obligation through an in-kind contribution of lineage. lf municipalities incur higher costs for managing newspaper, the higher steward contribution in future years may be in the form of lineage. WDO, Stewardship Ontario and AMO continue to seek opportunities to support and strengthen Ontario's markets for secondary resources. While we all struggle through these difficult economic times, we encourage you to continue to direct your Blue Box materials to available markets. Sincerely, ær^d*6* Å*"&b &^^ ú,^, Glenda Gies Executive Director Waste Diversion Ontario Gemma Zecchini cEo Stewardship Ontario Peter Hume President Association of Municipalities of Ontario Correspondence dated January 23, 2009 from Association of Mu... Page 24 of 335 ) f\Lþ Feds boost tourism fund Tuesday budget will spend millions more to brand Ganada as exciting destination By KATHLEEN HARRIS, NATIONAL BUREAU CHIEF Last Updated: 25th January 2009, 6:43am The Conservative government will nearly double its tourism spending to keep domestic travellers at home and attract foreign visitors seeking outdoor adventure and Canadian culture, Sun Media has learned. Tuesday's budget will invest big dollars to buffer the tourism industry from the global recession, including $150 million for national parks, $100 million for cultural festivals, $40 million to the Canadian Tourism Commission and $25 million to create new hiking trails across the country. That's on top of the average $400 million the feds already spend annually on the sector. Tourism Minister Diane Ablonczy said the new money will help protect jobs through tough economic times and brand Canada as an exciting destination abroad. 'FIERCELY COMPETITIVE' "lt's a global industry, so the global recession has really impacted it," she said. "A lot of people don't really know how much tourism contributes to Canada's economy and it's fiercely com petitive." Ablonczy said Canada is developing a "world-class" industry that creates thousands of jobs, contributes 2o/o of the GDP and breathes life into communities big and small. The government's objective is to make Canada more innovative, modern and competitive on the world stage. Some of the new cash will be used to upgrade historic sites and enhance spots where visitors can enjoy "unspoiled" nature that symbolizes Canada. lt will also give the Canadian Tourism Commission a better chance to tap into new markets in Asia and South America and target other parts of the U.S. through advertising campaigns. BIGGEST MARKET "We want to really enhance our outreach to the U.S., which is our biggest tourism market," Ablonczy said. While people around the world are feeling the financial squeeze, she said there are still plenty of people with disposable income looking for new spots to explore. An aging demographic also means more seniors who have saved and budgeted for travel after retirement. As part of the federal economic action plan, the government will also fund "marquee" events such as art, comedy and music festivals and promote aboriginal and Northern culture. Ablonczy said the time is perfect to make a deep investment as Canada prepares to host the 2010 Olympic Games in Vancouver-Whistler. Correspondence dated January 25, 2009 from Kathleen Harris, ... Page 25 of 335 "The eyes of the world are going to be increasingly on Canada leading up to the Games, during the Games and after the Games," she said. "People are going to see Canada, with the torch relay showcasing communities right across Canada." Ablonczy said tourism brings as much into Canada's economy as forestry, fisheries and agriculture, but doesn't get the same attention because it is so diverse. "This is one of the economic drivers of our country, and I'm pleased that tourism is getting the recognition and support it very much deserves," she said. "lt's really a bright light in our economic future." Correspondence dated January 25, 2009 from Kathleen Harris, ... Page 26 of 335 5 ''. Atv MEMBER COMMUNICATION 200 University Ave, Suite 801 Toronto, ON MsH 3C6 Tel.: (416) 971-9856 | Fax (416) 97'l-6191 E-ma¡l: amo@amo.on.ca ALERT No: 09/001 To the attention of the Clerk and Council January 12,2009 FOR MORE INFORMATION CONTAGT: Matthew Wilson, Senior Policy Advisor (416) 971-9856 ext 323 ÞE tIJJ AMO's Pre-Budget Submission calls for lncreased Infrastructure lnvestment Today the Association of Municipalities of Ontario put forward its Pre-Budget Submission to the Standing Committee on Finance and Economic Affairs and Finance Minister Dwight Duncan. A copy of AMO's 2009 Pre-Budqet Submission is linked to this Alert. The Submission recognizes that significant improvements to the provincial-municipal fiscal relationship are underway as a result of the Provincial-Municipal Fiscal and Service Delivery Review. The uploading of a net $1.5 billion a year of social assistance and court security costs by 2018 is reducing municipal costs and financial risks in the future. The Review has set a standard of provincial-municipal collaboration and partnership which will be important in the face of changing times and future challenges. Highlights of the 2009 AMO submr'ssíon include: Predictable Municipal Funding and Stable Revenue: 1. Continued stable equalization funding tor 2010 and beyond through the Ontario Municipal Partnership Fund. 2. A legislative amendment to clarify Ontario's longstanding policy of assessing current value tenanted commercial properties in the wake of the Assessment Review Board's "Bank Towers Decision". 3. The government must consider the indirect impact on municipal employers of wage settlements made by the government. lmprove Economic Development through lnfrastructure Investment: 1. The Province should increase infrastructure investments and accelerate Move Ontario 20120 transit investments. 2. The creation of a new lnfrastructure lnvestment Fund to provide predictable levels of support over a sustained period of time to small and rural municipalities. 3. A review the Development Charges Acf fo uphold the principle that "growth pays for growth." Green Jobs leading to a Greener Economy: 1. Further the government's energy efficiency and greenhouse gas reduction targets by establishing a dedicated infrastructure fund for municipal buildings and public housing energy audits, energy efficiency upgrades and state of good repair retrofits. 2. lt encourages the development of new greener alternatives to energy production, and 3. lt applauds the government's recent efforts to bring the sustainable waste management principle of "extended producer responsibility" into focus. Action: For your information. This information is available in the Policy /ssues section of the AMO website at Ww-.amo.on.ca. Association of AFIOMunícipalities of Ontario Correspondence dated January 12, 20, 23, 26 and 27, 2009 fro... Page 27 of 335 Page 28 of 335 1-1 Association o 200 University Ave, Suite 801 Toronto, ON M5H 3C6 Tel.: (416) 971-9856 | Fax: (416) 971-6191 E-mail: amo@amo.on.ca MEMBER COMMUNICATION ALERT Nº: 09/002 To the attention of the Clerk and Council January 20, 2009 FOR MORE INFORMATION CONTACT: Milena Avramovic , AMO Senior Policy Advisor (416) 971-9856 ext 342 Minister Extends Consultation Period on the Waste Diversion Act Review to April 1, 2009 Issue: The consultation period for the Waste Diversion Act discussion paper is extended to April 1, 2009. Background: On October 16, 2008, Environment Minister John Gerretsen released a discussion paper titled Toward A Zero Waste Future – Review of Ontario’s Waste Diversion Act. The purpose of the paper is to solicit feedback on the legislation, the program experience associated with the Act, and a new approach to waste diversion in Ontario. The deadline for submitting comments has been extended to April 1, 2009. Please see AMO Alert #08/064, dated December 19, 2008. Thank you to those municipalities that have submitted their comments in support of the AMO position by the 15th of January. For those that have not had the opportunity to respond, please submit your resolutions by April 1, 2009. Action: That your municipality advise the Minister of the Environment supporting the AMO position on the WDA by April 1, 2009. Resolutions supporting AMO position should be forwarded to the Minister at the following address: Hon. John Gerretsen Minister of the Environment 12th Floor - 135 St Clair Avenue West Toronto, ON M4V1P5 This information is available in the Policy Issues section of the AMO website at www.amo.on.ca. f Municipalities of Ontario Correspondence dated January 12, 20, 23, 26 and 27, 2009 fro... Page 29 of 335 Page 30 of 335 fttþ 200 University Ave, Suite 801 Toronto, ON MsH 3C6 Tel.: (4ro) 971-9856 | Farc (416) 9714191 E-mail: amo@amo.on.ca MEMBER COMMUNICATION ALERT No: 09/003 To the attention of the Clerk and Council January 23,2009 FOR MORE INFORMATION GONTACT: Petra Wolfbeiss, AMO Senior Policy Advisor (416) 971-9856 ext 329 þtr tåJJ {Reminder February 6, 2009 Deadline to Respond to Government's lnitial Proposed AODA lnformation and Communications Standard lssue: AMO is urging its members to review and respond to the government's Initial Proposed AODA Information and Communications draft standard by the February 6, 2009 deadline. As currently drafted the standard will have far reaching fiscal impacts on municipal budgets. Background: On November 11, 2008, the Government released the draft lnformation and Communications Standard as part of the Accessibility for Ontarians with Dísabilities Act, 2005 (AODA). The draft lnformation and Communications standard proposes the scope by which the public and private sector must provide information and communications to the public through print, telephone, electronically (websites, email, communications etc.) and in person. lf adopted, the Proposed Standard would require municipalities to comply by December 31, 2011. AMO's key concerns are related to scope of the standards, the timing and the resulting high costs of compliance. Given the economic climate, the potential costs related to the scope and timing set out in the standard are not affordable and would have a significant impact on property taxes and the competitiveness of business in our communities. The consultation material for the draft standard includes a costs analysis commissioned by the Government and undertaken by KPMG. The KPMG report estimates the potential incremental cost of the standards for four public and private sector entities including a municipality in Southern Ontario with a population of 35,000 and an annual operating budget of $140,000,000. lt estimates that added costs for the sample municipality to be, 'betweenl o/o -- 3o/o of its annual operating costs." For the purpose of illustration a1% - 3% increase in the annual operating budgets of all municipalities in Ontario would be between $300,000,000 and $900,000,000 a year. Association of Al#OMunicipalities of Ontario1-2 Correspondence dated January 12, 20, 23, 26 and 27, 2009 fro... Page 31 of 335 ln addition to the above, AMO will address the following issues in its response to the draft standard: . AMO's ongoing support for accessibility and concern regarding the lack of affordability and practicality regarding the implementation of the AODA generally and the proposed lnformation and Communications standard specifically; . The unmanageable expectations associated with the scope of the standard specific to business enterprise system upgrades; . The impact of staggered implementation and timing of the standard across sectors; . The lack of clarity and potential for the degradation of services related to accessible formats and methods (because of unmanageable costs); . The cost and human resource impacts associated with the ongoing training of staff through the implementation of all standards; . The unreasonable expectation on those running for municipal council to have the same responsibility as sector organizations; and . The cost impact on smaller municipalities related to accessible municipal elections. Action: AMO will provide feedback and recommendations to the Minister and the standard development committee, which developed the proposed standard. AMO encourages municipalities to review and respond to the draft standard by the deadline of February 6, 2009. This information is available in the Policy /ssues section of the AMO website at www.amo.on.ca. þ-tr HJJ { Association of ^FlO Municipalities of Ontario2-2 Correspondence dated January 12, 20, 23, 26 and 27, 2009 fro... Page 32 of 335 1-1 Association of Municipalities of Ontario 200 University Ave, Suite 801 Toronto, ON M5H 3C6 Tel.: (416) 971-9856 | Fax: (416) 971-6191 E-mail: amo@amo.on.ca MEMBER COMMUNICATION ALERT Nº: 09/004 To the attention of the Clerk and Council January 26, 2009 FOR MORE INFORMATION CONTACT: Brian Rosborough, Director of Policy (416) 971-9856 ext 318 Federal Government Announces New Infrastructure Funding Issue: In advance of the January 27, 2009 Federal Budget, Federal Transport and Infrastructure Minister John Baird today announced substantial new federal infrastructure funding. Background: The announcement included: A new $4 billion Infrastructure Stimulus Fund for provincial, territorial and municipal government infrastructure, including roads, clean water systems and public transit; $2 billion for colleges and universities; and $1 billion Green Infrastructure Fund for sustainable energy infrastructure. Additional federal investment in infrastructure will help Ontario municipalities get on with priority infrastructure projects and it will provide an important boost to the economy and job creation. This announcement builds on news on January 24th, when Federal Human Resources and Skills Development Minister Diane Finlay is reported to have announced $2 billion in funding for social housing – a much needed injection of funding for Ontario municipalities struggling with the rising costs and increasing demand for social housing in their communities. AMO has advocated strongly for additional federal investment in municipal infrastructure to assist Ontario municipalities with a massive municipal infrastructure deficit. Through the Provincial-Municipal Fiscal and Service Delivery, AMO, The Province of Ontario and the City of Toronto quantified Ontario’s municipal infrastructure deficit at $6 billion a year for the next 10 years. Today’s announcement named funding for roads, water systems, public transit, “and other critical infrastructure”. Few details were made available. Additional detail is expected in the January 27th Federal Budget or soon afterwards. Action: AMO will ensure that members have further details as they become available and will continue to advocate with the Province to encourage the Government of Ontario to match new federal commitments. This information is available in the Policy Issues section of the AMO website at www.amo.on.ca. Correspondence dated January 12, 20, 23, 26 and 27, 2009 fro... Page 33 of 335 Page 34 of 335 1-2 Association of Municipalities of Ontario 200 University Ave, Suite 801 Toronto, ON M5H 3C6 Tel.: (416) 971-9856 | Fax: (416) 971-6191 E-mail: amo@amo.on.ca MEMBER COMMUNICATION ALERT Nº: 09/006 To the attention of the Clerk and Council January 27, 2009 FOR MORE INFORMATION CONTACT: Brian Rosborough, Director of Policy (416) 971-9856 ext 329 Ontario Municipalities to Benefit from Federal Budget Measures for Infrastructure, Housing and Employment Insurance Issue: Federal Finance Minister Jim Flaherty presented the Government’s 2009 Budget today including new and accelerated investment in municipal infrastructure, new funding for social housing construction and repairs, and an extension to Employment Insurance (EI) benefits that will reduce pressure on municipally cost-shared Ontario Works benefits. Background: The Budget includes additional funding for the Communities Component (municipalities less than 100,000 population) of the Building Canada Fund (BCF). The Federal Government will provide an additional $500 million over the next two years in new funding for the Communities Component – an estimated extra $195 million in federal funding in Ontario. The government will also create a $500 million fund for recreational facilities like hockey arenas, swimming pools and community centres and provide $225-million over three years to extend broadband coverage to unserved communities. The Federal Government will also make available up to $2 billion over two years in direct, low-cost loans to municipalities to finance improvements to “housing related infrastructure, such as sewers, water lines, and neighbourhood regeneration projects.” The government also committed to streamlining the federal approval process for infrastructure construction projects including changes to the Environmental Assessment Act, the Fisheries Act and the Navigable Waters Protection Act. A $4 billion Infrastructure Stimulus Fund will be created for provincial, territorial and municipal government infrastructure, including roads, clean water systems and public transit. The Budget indicates that provinces and territories will receive this funding on a per capita basis so Ontario should receive approximately $1.56 Billion over two years (39% of the total allocation). The federal funding will be project-based and require matching contributions from the province and from municipalities receiving funding. Premier McGuinty is reported to have signalled yesterday that the Government of Ontario intends to match new federal funding contained in the Federal Budget. AMO will stress with the Federal Government the importance of a streamlined application process to make it easier for municipalities to apply and to ensure that the funding is not delayed unnecessarily. The infrastructure package also includes $2 billion for colleges and universities and a $1 billion Green Infrastructure Fund for sustainable energy infrastructure. Correspondence dated January 12, 20, 23, 26 and 27, 2009 fro... Page 35 of 335 2-2 Association of Municipalities of Ontario The Budget also contains $2 billion (nationally) in funding for social housing construction and repairs, including: Providing a one-time federal investment of $1 billion over two years for renovations and energy retrofits for up to 200,000 social housing units on a 50–50 cost-shared basis with provinces. Investing $400 million over two years for the construction of social housing units for low- income seniors. Investing $75 million over two years for the construction of social housing units for persons with disabilities. Dedicating $400 million over two years to new social housing projects and to remediation of existing social housing stock on First Nations reserves. Supporting social housing in the North with an additional $200 million over two years. (An equitable share of the new housing funding for Ontario should result in approximately $800 million over two years). The federal government is also providing funding of $60 million to support infrastructure-related costs for local and community cultural and heritage institutions such as local theatres, libraries and small museums. All regions of the province will benefit from the following economic development announcements: Northern Ontario will receive $170 million over two years to secure a more sustainable and competitive forest sector; Southern Ontario will receive $1 billion over five years for a Southern Ontario development agency to help workers, communities and businesses in this region; and Eastern Ontario will be provided $20 million over two years for the Eastern Ontario Development program to support business and community development. Another important matter addressed in the Budget relates to the federal EI program. The Budget announces that benefits will be extended by five weeks over the next two years. This will relieve some pressure on Ontario Works expenditures by allowing laid off workers to rely on EI for a longer period of time. All of the Budget measures that will assist municipalities respond directly to AMO’s recent advocacy with the federal government. Action: AMO will pursue additional details and keep members informed of new developments. This information is available in the Policy Issues section of the AMO website at www.amo.on.ca. Correspondence dated January 12, 20, 23, 26 and 27, 2009 fro... Page 36 of 335 . LONG POINT REGION CONSERVATION AUTHORITY BOARD OF DIRECTORS - MINUTES n n ( December 3, 2008 ç u I Members in attendance: R. Sackrider, P. Ens, P. Black, S. Lamb, B. Sloat, L. Bartlett, P. Lee, J. Hunt, L. Chanda and R. Geysens. Staff in attendance: C. Evanitski, J. Robertson, D. Holmes, H. Surette, R. Faber and D. Mclachlan. Regrets: None The LPRCA Chair called the meeting to order at 6:46 pm Wednesday, December 3'd, 2008 in the LPRCA Hay Creek office Boardroom. P. Black thanked the Authority Board and staff on behalf of Mary Dungavell for their presence at Jim's service. ADDITIONAL AGENDA ITEMS None DISCLOSURES OF INTEREST None recorded. DEPUTATIONS None. MINUTES OF PREVIOUS MEETINGS MOTION A - 99 moved by R. Geysens, seconded by L. Bartlett and carried that the minutes of the LPRCA Board of Óirectors regular meeting held November 5th, 2008 be adopted as circulated. BUSINESS ARISING FROM THE MINUTES Members had asked the Manager, Corporate Services to calculate the result of the Norfolk/LPRCA Levy resolution in real dollars rather than percentages. This information is included in the Budget package and will be discussed at the Budget meeting December 4th, 2008. REVIEW OF COMMITTEE MINUTES None FULL AUTHORITY COMMITTEE MEMBERS Leroy Bartlett, Peter Black, Larry Chanda, Paul Ens, Roger Geysens, John Hunt, Sam Lamb, Pat Lee, Ron Sackrider, Harry Sloat -1- Long Point Region Conservation Authority Board of Directors ... Page 37 of 335 CORRESPONDENCE MOTION A-100 moved by P. Ens, seconded by R. Geysens and carried that correspondence outlined ln the Board of Directors'Agenda of December 3'd, 2008 be received for information. DEVELOPMENT APPLICATIONS The first application is struck from the resolution as staff needs to gather more information. MOTION A - 101 moved by L. Bartlett, seconded by R. Geysens and carried that the Board of Directors of the LPRCA approves the following Development Applications; A. For Work under Section 28 Regulations, Development, lnterference with Wetlands & Alterations to Shorelines and Watercourses Regulations (R.R.O. 1990 Reg. 178106) sJ€€3Á08 HC-27108 NC-78/08 HC-28t08 HC-30/08 B. approve, WITH CONDITIONS, the following development application for work under Section 28 Regulations, Development, lnterference with Wetlands & Alterations to Shorelines and Watercourses Regulations (R.R.O. 1990 Reg. 178/06) HC-29/08 C. that the designated officers of LPRCA be authorized to complete the approval process for these Development Applications, as far as it relates to LPRCA's mandate and related Regulations. Questions by Board members regarding the struck application were answered by H. Surette. NEW BUSINESS A.D. LATORNELL SYMPOSIUM UPDATE The event was attended by C. Evanitski and R. Sackrider. P. Gagnon was a presenter. C. Evanitski noted that the networking opportunities at this event are invaluable. R. Sackrider commended P. Gagnon for his informative presentation. CALENDAR REVIEW FULL AUTHORITY COMM¡TTEE MEMBERS Leroy Bartlett, Peter Black, Larry Chanda, Paul Ens, Roger Geysens, John Hunt, Sam Lamb, Pat Lee, Ron Sackrider, Harry Sloat -2- Long Point Region Conservation Authority Board of Directors ... Page 38 of 335 J. Robertson reminded everyone of the Festival of Trees Saturday, December 13th at Camp Trillium. She also noted a few meetings that were not on the calendar. The next Source Protection Authority meeting will be hèld December 12th, 2008 at 1Oam in the Hay Creek Boardroom. The Backus Woods Advisory Committee will be meeting December 1sth, 2008 at 1Oam and the Backus Advisory Board meeting is December 17th,2OO8 at 4:30pm. December 5th is the annual Christmas dinner beginning at 6pm. The next Board of Directors meeting will be January 14th, 20Og at 6:30pm and the AGM is tentatively set for Friday, February 27th , 2OOg,location to be decided. GENERAL MANAGER'S REPORT C. Evanitski fielded questions. PROVINCIALLY RARE VASCULAR PLANTS & VEGETATION TYPES IN SELECTED FOREST TRACT REPORT D. Holmes noted that the Authority hires Marshall, Macklin and Monaghan annually to survey LPRCA properties. All recommendations have been implemented. LPRCA WATERSHED CONDITIONS UPDATE H. Surette advised that watershed conditions are normal at this time. Monday's storm surge was .92 metres at its highest point. GOOD NEIGHBOUR INITIATIVE D. Holmes reported that the intent of this program is to hand out brochures and make a staff introduction to adjoining property owners. To date there have been no issues and the introductions are almost complete. The last two townships will be done by the end of the year. One of the Board members noted that this initiative has been one of the best programs instituted. EMPLOYEE VACATION CARRY.OVER REQUESTS There was a discussion on what the carry-over meant, for how long and if all days owing can be taken at once. R. Faber noted that the vacation policy needs to be revamped and the sick day policy also needs to be reviewed. MOTION A- 102 moved by L. Chanda, seconded by R. Geysens and carried that the LPRCA Board of Directors authorizes the following employees to carry fonruard the following days of vacation into 2009: a) Ginny Van Louwe - 13.5 days b) Janice Robertson - 10 days c) Kim Brown - 10 days FULL AUTHORITY COMMITTEE MEMBERS Leroy Bartlett, Peter Black, Larry Chanda, Paul Ens, Roger Geysens, John Hunt, Sam Lamb, Pat Lee, Ron Sackrider, Harry Sloat -3- Long Point Region Conservation Authority Board of Directors ... Page 39 of 335 SEASONAL STAFF APPRECIATION MOTION A- 103 moved by S. Lamb, seconded by P. Lee and carried that the LPRCA Board of Directors authorizes the purchase of a turkey or ham for staff employed this time of year. LPRCA COMMITTEE APPOINTMENTS C. Evanitski noted that this was a reminder for the January 2009 meeting in case elections need to be held for the committee positions. FIELD OPERATIONS CAPITAL TRANSFER REQUEST Deer Creek Conservation Area had a cost overrun due to the replacement of a transformer. A new concrete vault holding the transformer was installed as per recommendations of HydroOne & Norfolk Power. There are no budgetary implications. MOTION A- 104 moved by S. Lamb, seconded by P. Lee and carried that funds be reallocated within the approved Capital Maintenance budget for Conservation Areas to cover the costs of required hydro upgrades at Deer Creek Conservation Area. MOTION A- 105 moved by P. Black, seconded by P. Lee and carried that the LPRCA Board of Directors does now enter into an "ln Camera" session to discuss:n the security of the property of the Gonservation Authority;I personal matters about an identifiable individual, including Conservation Authority employees;! a proposed or pending acquisition or disposition of land by the Conservation Authority; MOTION A- 106 moved by J. Hunt, seconded by P. Black and carried that the LPRCA Board of Directors does now adjourn from the "ln Camera" session. MOTION A- 107 moved by P. Ens, seconded by R. Geysens and carried that the LPRCA Board of Directors authorize staff to draw up an agreement with Rob Trickett to remove the Rock's Mill (less foundation) and that said contractor post a bond for $5000 and provide proof of WSIB/lnsurance. MOTION A- 108 moved by P. Ens, seconded by R. Geysens and carried that the LPRCA Board of Directors approves the recommendations provided by Joe Fanryell including: 1. Authorizing LPRCA staff to hire an engineering consultant to: inspect the hoist mechanism, auto release mechanism and stop log leaks at Vittoria Dam; inspect the release mechanism at Hay Creek Dam; and obtain and analyze a core sample from the stop logs at Teeterville Dam; 2. Thal no vehicles/maintenance machinery drive over the Teeterville Dam walkway until verification of approvals from Norfolk County's engineer; 3. To ensure structural integrity, statf complete brushing from all dams and FULL AUTHORITY COMMITTEE MEMBERS Leroy Bartlett, Peter Black, Larry Chanda, Paul Ens, Roger Geysens, John Hunt, Sam Lamb, Pat Lee, Ron Sackrider, Harry Sloat -4- Long Point Region Conservation Authority Board of Directors ... Page 40 of 335 remove the white birch trees at Lehman's Dam; 4. Staff put forth a funding proposal to WECI to ramp up Public Safety Measures for all dams including completing repairs (Lehman's and Teeterville), installing gates (Hay Creek Dam) and railings (Lehman's), increase signage and installation of booms/buoys; 5. Staff revisit the Rock's Mill Dam WECI proposal to ensure the budget reflects the scale of activities suggested; and 6. Staff takes confined safety training and investigate safety requirements for working on the roadside. The Chairman adjourned the meeting at 8:25pm. Next meeting is scheduled for December 4th to discuss the budget. The next regular meeting is scheduled for January 14th,2009. Ron Sackrider Chairman Dana McLachlan Administrative Assistant FULL AUTHORITY COMMITTEE MEMBERS Leroy Bartlett, Peter Black, Larry Chanda, Paul Ens, Roger Geysens, John Hunt, Sam Lamb, Pat Lee, Ron Sackrider, Harry Sloat -5- Long Point Region Conservation Authority Board of Directors ... Page 41 of 335 Page 42 of 335 5 STRAFFORDVILLE CEMETERY B OARD MINUTES f ..1 / Wednesda¡ l)ecember 10,2008 \- () (2 7:00 pm The Straffordville Cemetery Board met at the Straffordville Firehall on December 10, 2008. Present were members - Brent Stewart, Jerry Taylor, Carl Biro, Murray Wisson, Joe Neville and Chairman Perry Grant. Regrets - William Underhill, Francis Underhill, Lome Taylor. Chairrnan Perry Grant called the meeting to order at 7:10 pm. 1. MINUTES Last meeting held at the cemetery on August 25,2008 Members met with Matt Schafer re: Head stone damage caused by tree roots. The damage has been repaired (tree roots removed) but still some repairs needed. Cost of Repairs to date - $325.00. Work to be completed in the Spring 2009. 2. TREASURER'S REPORT See attached report Since there is only $1454.40 in the account on December 8, 2008, it is decided that a $4000.00 investment due in February 2009 would be cashed to enable Board to have enough operating capital for 2009. Motion: "To Adopt the Financial Report" Moved by C. Biro Seconded by M. Wisson Carried 3. BUSINESS a) The Board will not spray for grubs or use any insecticides or pesticides next year because of new regulations being put into place by the govemment - grass seed where needed and fertilizer would be applied. b) Discussion on a New Main gate was done and Perry Grant is to look into it. c) The Board has been asked about single cremation lots and Jerry Taylor is to have a meeting with Lpda Millard about the possibilþ of this d) C. Biro to approach Dave Peters to see if he would cut the grass for the same price as 2008 e) Perry Grant to see to sand removal from cemetery f) Carl Bi¡o's remuneration to remain same as last year ($SOO¡ g) Dumpster to be obtained for Decoration Day in 2009 Motion: '6To accept above actions" Moved by Joe Nevill Seconded by Munay Wisson Canied 4. APPOINTMENT OF BOARD MEMBERS F'OR YEAR 2009. l Year 2Year 3 Year Joe Neville Gerald Taylor Brent Stewart Carl Biro William Underhill Perry Grant Murray V/isson Lorne Taylor Francis Underhill Straffordville Cemetery Board minutes of meeting held Decemb... Page 43 of 335 Following appointments are for two years: Chairman Perry Grant 1"Vice-Chairman BrentStewart 2d Vice-Chairman Murrav Wisson 5. OTMRITEMS Decoration Day will be held on August 16,2009 (third Sunday) The Chairman will call the next meeting in May at the cemetery. 6. ADJOI'R¡IMENT Meeting adjoumed at 8:25 pn Minutes as taken by Jerry Taylor 2 Straffordville Cemetery Board minutes of meeting held Decemb... Page 44 of 335 Grass cutting 2008 $ 2970.00 Fertilizer/grass seed $ 1334.30 " Rental seeder $ 155.94 Appty fertilizer $ 75.00 ' Dumpster $ 247.28 Repair monument $ 325.00 $ 5107.522 Interest from C&M $ þo" ,, iJl = 6 &l?V'Ñ) Sale of plots $ 0 Land rental (to Ue collected-$100.00) $ Decoration day $ 951.50 s 1866.74 STRAFFORDVILLE CEMETERY BOARD _ 2OO8 Dec.21,2007 Bank Balance, as shown $ 4982,27 Dec.08,2008 BankBalance $ 1453.44 Total Revenue to Dec.08.2008 S 7844.70 * Tot¿l Expense to Dec.08,2008 S II372.57 * Bank Balance Dec.08.2008 $ L454.40 Note: $130.00 payable to Municpality Of Bayham for Death Tax $255.00 interest from investment payable to Straffordville Cemetery Board on Dec.20/08.* $4000.00 GIC received/invested - re above Investments Current Value, as of Dec.8 ,2008 $ 271000.00 to maturity Interest Eamed to date as of Feb.23.2007. $ 915.54 To December 8,2008 13 burials 6 cremations Total 19 Prepared Dec.08/08 Straffordville Cemetery Board minutes of meeting held Decemb... Page 45 of 335 Page 46 of 335 5 (obMUSEUMS BAYHAM Minutes of November 18,2008 Meeting Committee Room, Bayham Municipal Office Straffordville. Ontario Present: Vice Chair- Chuck Buchanan, Secretary-Mayor Lynn Acre, Ray Maddox, Jean 'Woon, Cheryl Peters, Mat Schafer, Brian Masschaele, Ron Bradfield, Regrets: Chair-Bev Hickey 1. CALL TO ORDER: Vice-Chairman Chuck Buchanan called the meeting to order at 7:03 2. DECLARATION OF PECUNIARY INTEREST: NONE 3. APPOINTMENT OF SECRETARY: L.Acre agreed to take the minutes. 4. AGENDA: It was moved by R.Bradfield and seconded by R.Maddox that the agendabe approved with additions. Motion Carried. New Business: a) New Board member b) Requestfor Tour of Marine Museum Nov.27 5. MINUTES: It was moved b)¡ L.Acre and seconded by J.Woon that the minutes 6. CORRESPONDENCE: It was moved by R.Maddox and seconded by J.woon a) LighthouseMagazines b) OMA newsletter, annual report, magazines c) Letter from Mike Baker, Elgin County musçum Re: mount for ship's wheel+ d) Ministry of Citizenship & Immigration: nomination form for voluntee¡ award Countv Museum to borrow our shio's wheel for their 2009 disnlav in the necessarv panerwork to be comoleted. Motion Carried. 7. REPORTS: a. Edison Museum Murder Mystery Report- J.Woon reported that79 tickets were sold. The Silent Auction brought in $874. Total profits for the event were $2,103, which has been deposited in the Municipal account. Written reports were submitted to the secretary. b. Edison & Marine Museums Report: Martha submitted both the monthlyreport and her final year-end report. It was moved by J.'Woon and There was some discussion regarding the need to have all of the collections properly documented and catalogued in the next year. Since Museums Bayham minutes of meeting held November 18, 2008 and... Page 47 of 335 Nov. 18,2008 Page2 there are provincial grants available to retrain mature individuals who are looking for a career change, it was moved by J.Woon and seconded by B. Masschaele offered to assist with this application. It was noted that copies should be made of all documentation created thus far and these copies stored in the Municipal vault. Some members expressed interest in being trained in the documentation process so they could both volunteer for this task and be able to properly supervise future students. c. Elgin County Museums Partnership Meeting: Vice-Chair Buchanan reported attending this meeting. He noted how interesting and diverse are the many museums across the County. The newest museum to join is the Big Band Hall of Fame. The next meeting is in February 2009. 8. T]NFINISHED BUSINESS: Plaque for Air Pressure Storage Tank for Fog llorn: The plaque from Dereham Forge has arrived and will be installed in the spring. Marine Museum Oct.18 Tour: C.Buchanan and Martha did these tours. These 52 people from Forsyth Travel arrived bybus. Half did the tour while the otherhalf had lunch at the Lighthouse Restaurant, and then they switched. NEV/ BUSINESS l) Service Agreement for Museums' IleatingiCooling Units: K.Kruger has recommended that we accept a quote for bi- annual service checks on both Museums' heating & cooling units. It was moved by J.Woon and seconded by C.Peters that we accept the quote of R & R Refrigeration at a total of $539/year. which includes 2 service checks per year per unit. Motion Carried. i. Membership: L.Acre presented the name of Ms' Rosilee Peto of Straffordville for membership. She is to be invited to attend the January meeting. Bob Lozon has agreed to return to the Board in2009. a) b) c) Museums Bayham minutes of meeting held November 18, 2008 and... Page 48 of 335 Nov. 18,2008 Page 3 ii. Request for Off Season Tour by Pt. Burwell Public School: The grade 6 class would like to tour the Marine Museum on Thursday Nov.27 from I :45 to 2:45pm. C.Buchanan agreed to attend. BUDGET REVIE\M: a) Søløries.. It was agreed that the proposed budget allocations as prepared by treasurer S.Mantel are sufficient for our needs to hire 5 students at $10/hr. for 16 weeks each plus one supervisory mature student at$'121fu for 24 weeks. Therefore no changes will be sought to wages. b) Marketing ønd Promotìon: Itwas agreed that an additional budget line needs to be added under this heading to allow the committee to properly fundraise for the new museum. The amounts were suggested as follows; 2009- $2500, 2010 - $3000, 20lI' s3000. b) Equipment Maintenance:_It was agreed to increase this amount by $1,000 to allow for an increasing trend. (Total $2,000 instead of $1,000) c) Grounds Maintenance: It was agreedto decrease this amount by $1,000 to better reflect past expense trends. (Total $4,000 instead of $5,000) 2011 draft budgets as proposed above. Motion Carried. 11. NEXT MEETING: Wednesday Jan.14,2009 at7.00pm@Municipal Office. 12. ADJOURNMENT: It was moved by R.Maddox and seconded by J.Woon that the meeting be adjourned at 8:37 p.m. Motion Carried. Chairman Secretary Date approved Museums Bayham minutes of meeting held November 18, 2008 and... Page 49 of 335 Page 50 of 335 S cÒÇ MUSEUMS BAYHAM Minutes of January 14,2009 Meeting Committee Room, Bayham Municþal Office Straffordville. Ontario Present: Chair-Bev Hickey, Vice Chair- Chuck Buchanan, Secretary-Mayor Lynn Acre, Ray Maddox, Jean'Woon, Brian Masschaele, Ron Bradfield. Regrets: Cheryl Peters, Mat Schafer 1. CALL TO ORDER: Chairman called the meeting to order at7:02 pm and thanked the committee members for all their hard work throughout 2008. 2. DECLARATION OF PECUNIARY INTEREST: NONE 3. APPOINTMENT OF SECRETARY: L.Acre agreed to take the minutes. 4. AGENDA: It was moved b)¡ R.Bradfield and seconded by J.'Woon that the aændabe approved with additions. Motion Carried. New Business: a) acquision of Edison stqmps 5. MINUTES: It was moved by L.Acre and seconded by J.Woon that the minutes 6. CORRESPONDENCE: It was moved by J.'Woon and seconded by B.Masschaele that the correspondence be received for information. Motion Carried. a) Canada Southern Railway brochures b) Letter from Bob Lozon dsçlining MB membership due to Shriners workload c) EON Membership renewal: Moved by C.Buchanan. seconded by R.Maddox that we renew our EON membership at a cost of $35. Motion Carried. d) Lighthouse Digest: Moved by C.Buchanan. seconded b]¡ J.Vy'oon that we not Society al¡eady gets subscription. Motion Carried. 8ff,trîH'ôTä#ilï:ti.::ffiiïf#l;:ffit:iï:i:'3ií:?*', for a fundraiser. 7. REPORTS: a. Edison Museum Murder Mystery Report- J.Woon reported that she would organize the 2009 Murder Mystery, which is scheduled for Sat. Nov.21, 2009 atthe Vienna Community Centre. Both the hall and the caterer are booked. b. Edison & Marine Museums Report: No Report Museums Bayham minutes of meeting held November 18, 2008 and... Page 51 of 335 8. Jan.14.2009 Page2 UNFINISHED BUSINESS: a) New Member: Ms Rosilee Peto was unable to attend tonight's meeting due to attendance at a conference in Toronto. She plans to attend the Februarymeeting. b) Sale of Air Compressor: Bayham Council approved the sale. Chairman and Vice-Chairman will proceed with de-accessioning and take photo for website advertising. NEW BUSINESS ^. Donation of Family Trees: R.Maddox reported that 6 different family trees were donated to the Bayham Historical Society for safe keeping at the Edison Museum. b. Provincial Volunteer Service Awards: It was decided to nominate Jean Woon (5 years service), C.Buchanan (15 years service) and Lewie Acre (youth service) for provincial recognition. c. Kiwanis llome & Rec Show: March 27 -29,2009 atTillsonburg Special Events Centre. Two spaces have been reserved for Museums Bayham, Pt.Burwell Historical Society and Bayham Historical Society to share. Show hours are; Fri. March 27: 3:00 pm - 9 :00 pm Sat. March 28: ll:30 am - 9:00pm Sun. March 29: ll:30 am - 5:00 pm It was moved by J.Woon and seconded by R.Maddox that the $400 Carried. d. Kingsville Museum Request: for 6th order fresnel lens for loan or purchase. Although the Marine Museum does not have any surplus 14" lens, R.Bradfield may have something that will work for their purposes. R.Bradfield will contact Katherine Gunning to make arrangements. e. Electrical Upgrade for lighthouse: During Christmas "lighting of the lighthouse" electrical wiring became overheated. It may need rewiring. L.Acre will ask M.Taylor for assistance. f. Marine Museum Outdoor Display improvements: In order to free up space within the Marine Museum, R.Bradfield recommended enclosing the existing picnic shelter to store the fog horn and compressor equipment. B.Hickey will obtain cost estimate for consideration. g. LPRCA loan of Bayham's lens at Backus Page: In light of recent press, which suggested the possible sale of Backus Page, members were concemed with the safety of our lens, which has been on long-term loan. There was some uncertainty on whether or not there was a formal loan agreement with LPRCA. C.Buchanan will investigate. h. Leaks at the Lighthouse: Most windows have major leaks. Nathan Dawley will be contacted for caulking repairs. R.Bradfield will assist with his lift boom. 9. Museums Bayham minutes of meeting held November 18, 2008 and... Page 52 of 335 Jan. \4.2009 vasíz i. Acquision of Edison Postage Stamps: It was moved by R.Maddox and seconded b)¡ C.Buchanan that we accept the donation of an envelope bearins a l3-cent "Edison phonograph" stamp post-dated from Washingfon. D.C. Motion Carried. J.Woon will do the paperwork. j. Request for Genealogy Assistance: B.Masschaele volunteered to assist an Edison descendent who is researching her roots. 2OO9 ELECTIONS: a) Chøírmøn: It was moved by C.Buchanan and seconded by R.Bradfield that Bev.Hickey we nominated for the position of chaifinan. Nominations for Chairman were closed. B.Hickey accepted the nomination. b) Wce-Chaírmøn.' It was moved by R.Maddox and seconded by R.Bradfield that C.Buchanan be nominated for the position of Vice-Chairman. Nominations were closed. C.Buchanan accepted the nomination. c) ^Secretøry: It was moved by R.Bradfield and seconded by C.Buchanan that Lynn Acre be nominated for the position of secretary. Nominations were closed. L.Acre accepted the nomination. d) 2009 Museum Bayham Commíttee appointmenrs: It was moved by L.Acre and from the PBHS). Motion carried. * It was noted that we still have 2 "communillt- at-large" positions to fill. 11. NEXT MEETING: 'Wednesday Feb.l1,2009 at7:00 pm @ Municipal Office. 12. ADJOURNMENT: It was moved by R. Bradfield and seconded by R.Maddox that the meeting be adjoumed at 8:55 p.m. Motion Carried. Chairman Secretary Museums Bayham minutes of meeting held November 18, 2008 and... Page 53 of 335 Page 54 of 335 ,1 ,-Ul.J Tay Valley Township 217 Harpø Road, R.R. #4 Perth, ON K7H 3C6 613 -267 -5353 / 1 -800-8 1 0-01 6 1 613-264-8516 fax Email - clerk@tayvalleytwp. ca \ /HEREAS the market for recycled materials is collapsing around the world and the situation is expected to last for a year; AND WHEREAS most municipalities are not structured to stocþile or to otherwise store recycled materials for any length of time; AND WHEREAS municipalities will likely incur much greater costs than is normal to dispose of the recyclable material as their suppliers wrestle with the related problems; AND WHEREAS landfilling the recycled materials is contrary to good waste management practices and would potentially destroy the good and environmentally füendly habits that people have developed over the years; NOW THEREFORE BE IT RESOLVED THAT the Association of Municipalities of Ontario be asked to seek confirmation from the Province of Ontario,'Waste Diversion Ontario and Stewardship Ontario that the tenets and covenants of Ontario's'Waste Diversion Act2}}2,particularly the 50% cost-sharing of recycling costs, will not be jeopardized by the current state of affairs in the recycling industry; AND FURTHERMORE THAT the Minister of Environment be commended for initiating a review of Ontario's Waste Diversion Act and that municipalities be encouraged to participate fully in the review, particularly regarding the concepts of zero waste and extended producer responsibility whereby producers of products and packaging bear responsibility for ensuring those products and packages are properly managed until and at the end of their life-cycle; AND FURTHERMORE THAT a copy of this motion be sent to the Premier of Ontario, the Minister of Municipal Affairs and Housing, the Minister of Environment, the Leader of the Official Opposition of Ontario, Randy Hillier MPP, all municipalities in Lanark Count¡ and to the Association of Municipalities of Ontario for circulation to all municipalities in the Province for support. Head of Council DISCLAIMER This material is provided under contract as a paid service by the originating organization and does not necessarily reflect the view or positions of the Association of Municipalities of Ontario (AMO), its subsidiary companies, officers, d¡rectors or agents C:\Docuents æd Settings\breda\Locãl Selti¡gs\Tmpomry Inrmet Filæ\OLK43\2009_Tay Valley Jar23 doc Copy of resolution passed January 23, 2009 by Tay Valley Tow... Page 55 of 335 Page 56 of 335 cò Townsh íp of South ÅIgonqu FO ßox2I7 WEITNEY, Ontsrío KOJ 2MO Telephone # 613-6i7.2650 or f-888-3A7åß7 Futt# 61.3-637-5368 Dated: JaJ.rlrålv 16. 200* Msved byr Councillor. Joe florent Resolution Ns.: 09-t21. Seconded by: Couuclllor, Jaue Du¡r¡s *WIIEREASIhc Ontsrio Governrnsnt is pushing theidca of altêmative energ¡; and WIIEREAS this area has an abundanco of, low grade wood waste; and THEREFORE BE IT RESOLV$D that Cor¡ncil investigate and promote the possibility of pursuing the use of this waste to crèâfe olectric power as an alternative to wÍnd-generatcdpower; and Copies be sÊrit to AMQ, requestíng that it be disFibutêd to all municipalities and thet copÌes be senÈ to AFA, MNR, Algonquin Natives, aTI local mills, Mr. Smithennan Minister of Energ¡'l'his W'eek paper, John Yakabuski, Cheryl Gallant and any otherrelevant parties.'o Carrled b¡¡: llk¡yol Pgtey Bresnahsn I, Harold tuckasavitch, Cierk for the Township of South Algonquin do hereby certifo this to be a Fue copy of Resolution No. 09-026 as passed in au open rneoti*g of Council held on Thursda¡ Janu*ry 8. 2û09 at the Torvnship of South Aþnquin Muniuipal Office. DISCLAIMER This material is provided under conlract as a paid seilice by the ong¡nating organization and does not necessarily reflect the v¡ew or positions of the Association of Municipalities of Ontario (AMO), its subsidiary companies, offrcers, directors or agents. Copy of resolution passed January 8, 2009 by the Township of... Page 57 of 335 Page 58 of 335 116 RUE LISGAR STREET, SUITE 600, OTTAWA (ONTARIO) K2P 0C2 Tel./Tél. : 613.238.3883 Fax/Téléc. : 613.238.3878 www.tiac.travel info@tiac.travel Tourism Industry Applauds $800 Million in Tourism and Travel Investments Announced in Budget 2009 Ottawa, January 27, 2009 – The Tourism Industry Association of Canada welcomed the announcement in today’s federal budget of a number of key funding initiatives worth more than $800 million to help support the competitiveness of Canada’s tourism and travel sector. “The government’s new investments in Canada’s tourism sector announced in today’s federal budget will provide stimulus to the industry in these challenging economic times, and will help address several longstanding competitiveness issues facing our industry,” said TIAC President and CEO Randy Williams. Among the funding initiatives for the tourism sector announced in the federal budget were: ق $40 million over two years to the Canadian Tourism Commission ($20 million for domestic marketing and $20 million for emerging markets) ق $100 million for marquee festivals and events over two years ق $150 million for Canada’s national parks system over two years ($75 million for visitor facilities and $75 million for national historic sites) ق $25 million to create new hiking trails across the country ق $407 million for improvements to passenger rail service in the Montreal to Toronto corridor operated by VIA Rail ق Additional funding of projects which will assist in the development of vital tourism infrastructure ق $24 million over two years for cruise ship tourism ق $60 million over two years for local and community cultural and heritage institutions (i.e. theatres and museums) ق $140 million over five years for Northern Economic Development, a substantial portion of which will be directed towards tourism projects “These investments will help to improve product animation – or the way we deliver experiences – of some of Canada’s most important tourism destinations, and will provide both international and domestic travellers with even more compelling and urgent reasons to visit Canada,” continued Williams. “Moreover, the additional marketing dollars allocated to the CTC will allow the country’s national destination marketing organization to promote these new and improved tourism products to potential visitors from traditional and emerging economies of the world.” TIAC has always regarded government as an essential shareholder in Canada’s tourism industry, and the investments announced today clearly demonstrate that the government understands the sector’s profound effect on the economy at large; an important export industry employing Canadians in every community. TIAC, on behalf of its members across the country, is pleased to see that the government has addressed many of the issues which were raised by the industry in the Association’s June 2008 report, The Report on Canada’s Tourism Competitiveness. On the day of this important announcement, TIAC would like to wholeheartedly salute the work of the Minister of State for Small Business and Tourism, the Hon. Diane Ablonczy in helping to secure this funding. Ms. Ablonczy has been an attentive and conscientious advocate for the tourism sector at the cabinet table over the past two years. TIAC also acknowledges the efforts of Industry Minister Tony Clement and Finance Minister Jim Flaherty, who have both demonstrated a knowledge of and commitment to Canada’s tourism sector. The global tourism industry is intensely competitive, with more and more countries inviting increasingly discerning travellers to visit and spend their foreign currency in their communities. The Tourism Industry Association of Canada is the voice of Canadian tourism. Founded in 1930 to encourage the Correspondence dated January 27, 2009 from Tourism Industry ... Page 59 of 335 116 RUE LISGAR STREET, SUITE 600, OTTAWA (ONTARIO) K2P 0C2 Tel./Tél. : 613.238.3883 Fax/Téléc. : 613.238.3878 www.tiac.travel info@tiac.travel development of tourism in Canada, TIAC serves today as the national private-sector advocate for this $70 billion industry, representing the interests of the tourism business community nation-wide. For more information, please contact: Kevin Desjardins, Director, Communications Tourism Industry Association of Canada Phone: 613.238.6251 Mobile: 613.240.7225 Email : kdesjardins@tiac.travel Correspondence dated January 27, 2009 from Tourism Industry ... Page 60 of 335 File No.: AppUcRHt: MUN¡CIPALITY: oP 11-144 CoUNTY oF OxFoRD CoUNw oF OXFORD AMENDMENT NUMBER 138 DATE oF ADoPTIoN: JANUARY 14,2009 DATE oF NOTICE: JANUARY 23,2009 LAST DATE oF APPEAL: FEBRUARY 12,2009 ì.-I\o g 3€4 NOTIGE OF ADOPTION With respect to an Offìcial Plan Amendment Subsection 17(231 and 21of the Planninq Act Take notice thatthe Councilof the County of Oxford passed By-Law No. 5031-2009 on January 14,2009,1o adopt Official Plan Amendment No. 138 to the County of Oxford Official Plan under Section I 7 of the Planning Act. The Official Plan Amendment is exempt from approval by the Minister of Municipal Affairs and Housing and the decision of the Council of the County of Oxford is final if a notice of appeal is not received before or on the last day for filing a notice of appeal. Purpose and Effect of the Official Plan Amendment The purpose of the Official Plan amendment is to incorporate various amendments intended to ensure the Official Plan is consistent with the Provincial Policy Statement 2005 (PPS). When and How to File an Appeal No person or public body shall be added as a party to the hearing of the appeal unless, before the plan was adopted, the person or public body made oral submissions at a public meeting or written submissions to the council or, in the opinion of the Ontario Municipal Board, there are reasonable grounds to add the person or public body as a party. When the Decision is Final The decision of the County of Oxford is final if a Notice of Appeal is not received on or before the last date of appeal noted above. Other Related Applications: None Getting Additional lnformation Additional information about the application is available for public inspection during regular office hours at the County of Oxford Community and Strategic Planning Office at the address noted below or from Paul Michiels - 519-539-9800 x3209 Mailing Address for Filing a Notice of Appeal Submit Notice of Appeal to the attention of: Mrs. Brenda J, Tabor Clerk County of Oxford P. O. Box 1614,21Reeve Street Woodstock ON N4S 7Y3 Telephone: 519-539-9800x3002Fax: 519-421-4712 Anv aooeal to the Ontario Municioal Board must be filed with the Clerk of the Countv of Oxford no later than 20 davs from the date of this notice as shown above as the LAST DATE OF APPEAL. The appeal should be sent to the attention of the Clerk of the County of Oxford, at the address shown below and it must:(1) be submitted on the requisite 'Appellant Form" - available from the Community and Strategic Planning Office or from the OMB website (www.omb.gov.on.ca);(2) set out the specific part of the proposed Official Plan Amendment to which the appeal applies;(3) set out the reasons forthe requestforthe appeal, and(4) be accompanied by the fee prescribed under the Ontario Municipal Board Act in the amount of $125.00, by certified cheque (if not from a law firm), payable to the Minister of Finance, Province of Ontario. Who Gan File an Appeal Only individuals, corporations or public bodies may appeal the decision of the County of Oxford to the Ontario Municipal Board. A notice of appeal may not be made by an unincorporated association or group. However, a notice of appeal may be made in the name of an individual who is a member of the association or group on its behalf. Notice of Adoption from County of Oxford regarding "Official... Page 61 of 335 COUNTY OF OXFORD BY-LAW NO. 503r-2009 BEING a By-Law to adopt Amendment Number 138 to the County of Oxford Official Plan. WHEREAS, the County of Oxford has held a public hearing and has recommended Amendment 138 to the Gounty of Oxford Official Plan for adoption; NOW THEREFORE, the County of Oxford pursuant to the provisions of Section 21 of the Planning Act, R.S.O. 1990, as amended, enacts as follows: 1. That Amendment Number 138 to the County of Oxford Official Plan, being the attached explanatory text, is hereby adopted. 2. This By-Law shall come into force and take effect on the day of the final passing thereof. READ a first and second time this 14th day of January, 2009. READ a third time and finally passed this 14th day of January, 2009. PAUL J. HOLBROUGH, WARDEN BRENDA J. TABOR,CLERK Notice of Adoption from County of Oxford regarding "Official... Page 62 of 335 1.0 PURPOSE OF THE AMENDMENT The application to amend the Official Plan (OP 11-144) was initiated by the County of Oxford to incorporate various amendments intended to ensure the policies of the Official Plan reflect those contained in the Provincial Policy Statement (PPS). This amendmentforms the second Official Plan Amendment prepared to implementthe above noted application and contains the amendments required to align the Agricultural policies of the County Official Plan with the PPS. LOCATION OF LANDS AFFECTED This amendment applies to lands located within the corporate boundary of the County of Oxford. BASIS FOR THE AMENDMENT The amendments to the Official Plan proposed as part of this amendment are summa¡ized according to each affected chapter and section of the Plan. Chapter 2 of the Official Plan provides the planning principles upon which the Plan is based. The amendment contains a minor change to the policies of Chapter 2 pertaining to On-Farm Diversification. Chapter 3 of the Official Plan contains policies for the agricultural land resource, environmental resources, cultural resources and aggregate resources. These policies apply throughout the County where these resources are present. The amendments to Chapter 3 pertain to Section 3.1, Agricultural Land Resource Policies. Section 3.1 of the Plan contains policies governing land use and development within the Agricultural Reserve designation. The key changes to Section 3.1 include: o Recognition of the County as a prime agricultural area;¡ Revised policy framework for consolidation and creation of new farm parcels, including the requirement for a farm plan for proposed lots less than 30 hectares (75 acres) in size;o Severance of surplus farm residences may now only occur as a result of farm consolidation or where such residence is located within a settlement designation;. Requiring agricultural commercial and agricultural industrial uses to be related to, and located in close proximity to, a single agricultural operation, as well as being limited in scale. As well, restriction of the severance of such uses and greater emphasis on using existing non-farm rural residential, commercial, industrial or institutional properties for agricultural commercial and agricultural industrial uses, rather than creating new lots;o Eliminated the policies pertaining to on-farm diversified uses, allowing for the size and scale limitations for secondary agricultural uses to be established through the Area Municipal Zoning By-Laws, in accordance with the policies for home occupations.. Establishment of new recreational uses within the Agricultural Reserve designation now requires an Official Plan amendment; existing recreational uses recognized in the zoning by-law may undergo minor expansions without amendment to the Plan;o Changes to the policies permitting non-farm rural residential development, which would limit new lot creation to settlement areas, severances of existing dwellings on land designated environmental protection or open space, and situations involving an existing second or additional dwelling, rendered surplus as a result of the legal consolidation of abutting farm parcels into one parcel under identical ownership; 2.0 3.0 -1- Notice of Adoption from County of Oxford regarding "Official... Page 63 of 335 . Changes to allow for existing industrial, commercial or institutional lots to be considered for redevelopment to rural residential use.o Revisions to policies for evaluating Official Plan amendments in the Agricultural Reserve designation for the purposes of settlement expansions and other non-agricultural uses, including greater requirements for justification and assessing agricultural impact. The changes to the agricultural policies largely reflect the PPS policies pertaining to settlement expansion and wise use and management of agricultural resources. 4.0 DETAILS OF THE AMENDMENT 4.1 That Section 2.1.4 "Economic Competitiveness" is hereby amended by deleting the strategic initiative pertaining to "On-Farm Diversification" and replacing it with the following: "t"oå,álifå Opportunities are provid,ed for secondary on-farm uses to increase the vitality of rural areas and to support agriculture as the principal land use activity in these areas, including opportunities for small scale on-farm alternative and/or renewable energy systems, where appropriate 4.2 That Chapter 3 - NATURAL AND CULTURAL RESOURCE MANAGEMENT POLICIES, is hereby amended by deleting Section 3.1 "Agricultural Land Resource" and replacing itwith Section 3.1, as contained in Appendix 1 attached hereto. 5.0 IMPLEMENTATION This Official Plan Amendment shall be implemented in accordance with the relevant implementation policies contained in the Official Plan. 6.0 INTERPRETATION This Official Plan Amendment shall be interpreted in accordance with the relevant interpretation policies of the Official Plan. -2- Notice of Adoption from County of Oxford regarding "Official... Page 64 of 335 APPENDIX I AMENDMENTS To CHAPTER 3, NATURAL AND CULTURAL RESOURCE MANAGEMENT POLIGIES Notice of Adoption from County of Oxford regarding "Official... Page 65 of 335 County of Oxford Official Plan INTRODUCTION 3.1 Aqricultural Land Resource Agriculture in Oxford County has maintained its position as an extensive user of land and an industry of significant importance to the local economy. Approximately 91 percent of agricultural land in the County is within Classes l, ll and lll agricultural land capability and in 2001, 89 percent of the total County land base was devoted to agricultural production. Over 2000 farms reported total gross farm receipts of over $556 million in 2001 and based on the total value of products sold, Oxford County farms were, on average, the second most productive in Ontario. ln 2001, the agricultural industry was the third most important employer in the County. These facts indicate the importance of agriculture as an element of the local economy and that based on the land resource and capital investment, the County of Oxford will continue to be one of the most important agricultural areas in the Province. lt is recognized however that the Canadian agriculture industry is undergoing a fundamental restructuring process which is challenging all farm operators with such problems as declining farm populations and commodity prices, increasing competition, changing consumer preferences and increasing environmental requirements. The response to these issues by the agricultural industry has been to increase farm size and the intensity to which the land is utilized. ln order to assist the agriculture industry to respond to these challenges, County Council and Area Councils are committed to providing the support possible through the land use planning process by recognizing Oxford County as an area of prime agricultural land and protecting the land base for farming as well as minimizing the potential for conflict and land price competition between farm and non-farm uses. County agricultural policies support farm operators by allowing them to work at other secondary activities on the farm, and thereby obtain supplementary sources of income. ln general, County policies will support the agriculture industry by recognizing the value of the land base for current and future food and fibre production and by providing clear guidance that prime farmland will be preserved. Chapter 3 Natural and Cultural Resource Management Policies Page 3.1-1 3.1 Agricultural Land Resource Notice of Adoption from County of Oxford regarding "Official... Page 66 of 335 IÐENTIFY AND PROTECT AGRICULTURAL /4REAS PROTECT BROAÐ AGRICULTURAL AREAS MINIMIZE CONFLICT WITH FARM OPERATIONS PART.TIME FARMING SECOND,4RYON- FARM USES PROTECTION OF THE ENVIRONMENT MONITORING County of Oxford Official Plan 3.1.1 Goal for Aqricultural Policies County Council shall ensure that prime agricultural lands are preserved for food and fibre production by avoiding the fragmentation of the land base, by minimizing conflict between agricultural and non- agricultural uses and by supporting the needs of the agricultural community by permitting land uses which are complementary to and supportive of agriculture. 3.1.2 Stratesic Aporoach ln order to manage developmenf in the rural areas of the County in a manner which is supportive of a strong agriculture industry, it is the strategic aim of County Council and the Area Councils to: Preserve and protect lands designated as Agricultural Reserve on all Land Use Schedules for agricultural and resource extraction uses, and particularly, farming uses. Adopt the Canada Land lnventory mapping for Agricultural Capability at the scale of 1:50,000 as the means to identify and preserve broad agricultural areas rather than pockets of high capability soils. Prevent situations of land use conflict in the agricultural designations by careful management of non-farm uses, including rural residential developmenf, recreational uses, commercial and industrial uses and aggregate resource extraction. Recognize that there is a continuing role for part{ime farmers and protect such farm operations in the same manner as farms that support full-time farm operators. Support and promote the establishment of secondary on-farm uses as a means of allowing the farmer to create a small business to supplement family income. Ensure that land uses within the agricultural designations are subject to the policies in Section 3.2, Environmental Resource Policies. Monitor provincial, national and international agricultural policies in order to determine whether the land use policies affecting agriculture in this Official Plan are consistent with efforts at other levels of government to provide for a sustainable agriculture industry. Chapter 3 Natural and Cultural Resource Management Policies Page 3.1-2 3.1 Agricultural Land Resource Notice of Adoption from County of Oxford regarding "Official... Page 67 of 335 AGRICULTURAL RESERYE OESIGNATION MAPPING INTERPRETATION County of Oxford Official Plan 3.1.3 Land Use Desiqnation and MappÍno The agricultural policies apply to the policy area identified as Agricultural Reserve on all Township Land Use Schedules. The policy areas described as Agricultural Reserve on the Land Use Schedules contain the lands most suitable for agricultural production and are recognized as prime agricultural areas. The priority use within this policy area is for all forms of agricultural pursuits. Proposals to change the use of land to non-agricultural uses will be restricted in accordance with the policies of this Plan. Lands designated Agricultural Reserve on the Land Use Schedules are intended to identify and protect broad agricultural areas of high agricultural capability notwithstanding that at a parcel scale the property or portions thereof may be Class lV to Vll land capability. ln implementing the policies of this Plan, the County of Oxford will utilize the Canada Land lnventory mapping for Land Capability at a scale of 1:50,000. 3.1.4 Policies for Aaricultural Uses in the Aoricultural Reserve The policies in this Section apply to agricultural uses in the Agricultural Reserve land use designation in the County of Oxford. 3.1.4.1 Permitted Uses The following land uses are permitted in the Agricultural Reserve as shown on Schedules B-1 , E-1, N-1, S-1 and Z-1, subject to the policies of Section 3.2, Environmental Resource Policies, 3.3, Cultural Resource Policies, and Section 3.4, Resource Extraction policies, as appropriate. The primary uses permitted in the agricultural designation are farming, which may include general farming, animal or poultry operations including regulated farms, cash crop farming, specialty cropping, woodlands, market gardening, tobacco farming, ginseng, nurseries, aquaculture, orchards, greenhouses, apiaries, mushroom production, horticulture, agro-forestry, animal breeding and agricultural research, together with agricultural residential uses required for the farm and farm buildings and structures necessary to the farming operation. All livestock and poultry farms will be subject to the policies of Section 3.1.4.2 that incorporate Minimum Distance Separation Formula ll and provisions lor regulated farms. AGRICULTURAL USES Chapter 3 Natural and Cultural Resource Management Policies Page 3.1-3 3.1 Agricultural Land Resource Notice of Adoption from County of Oxford regarding "Official... Page 68 of 335 AGRICULTURE. RELATED USES SECONDARY USES INTERIM USES HOME OCCUPATIONS County of Oxford Official Plan Agriculture-related uses permitted in the Agricultural Reserve designation include agricultural commercial and agricultural industrial uses, subject to the policies of Section 3.1.4.6 of this Plan. Secondary uses permitted in the agricultural designation include: any home occupation as set out in this Plan and the Zoning By-Law of the Area Municipality, conservation uses, public works yards and limited rural lot creation. New rnfrastructure may be permitted within the Agricultural Reserve designation only if it has been approved through an environmental assessment process. All secondary uses are subject to the specific policies guiding their location and development as contained in this Plan. Sand and gravel, oil, gas and gypsum extraction and ancillary uses are also permitted as interim uses in accordance with the policies in Section 3.4, Resource Extraction Policies. Uses permitted will comply with the Environmental Resource Protection policies and the Environmental Constraints policies of Section 3.2. 3.1.4.1.1 Home Occupations Within the Agricultural Reserve, part of a farm residence or accessory structure may be used for the purpose of a home occupation provided that such home occupation is a small scale business activity which is clearly secondary to the agricultural use of the property and is carried on by a resident of the dwelling. Where more than one dwelling exists on a farm lot, a home occupation may only occupy one dwelling or accessory structure. Residential dwellings or accessory structures associated with non- farm residential development and residential uses ancillary to agriculturally related commercial and industrial uses in the Agricultural Reserve may be used for the purpose of a home occupation provided that: o such home occupation is a business activity which is clearly secondary to the residential use; o the home occupation is carried on by a resident; . the home occupation does not generate noise, odour, traffic or visual impacts that may have an adverse affect on adjacent properties. Ghapter 3 Natural and Gultural Resource Management Policies Page 3.1-4 3.1 Agricultural Land Resource Notice of Adoption from County of Oxford regarding "Official... Page 69 of 335 AMENoMENT NO, 130 AMENDMENT NO. I30 AMENDMENT NO, 1 30 AMENDMENT NO. 1 30 AMENDMENT NO. I30 AMENDMENT NO. 1 30 County of Oxford Official Plan The Zoning By-Law will permit home occupations within the implementing zone category and may contain provisions to regulate the kinds of activities to be allowed, floor area limits, number of employees, open storage, sale of goods or materials, parking, signage or other evidence of the business activities. 3.1.4.1.3 Special Policies The following policies apply, in addition to the relevant policies of this section, to specific permitted uses. These specific policies provide guidance to the development of these sites. 3.1.4.1.3.1 Part Lot 10, Concession 15 (East Zorra) Township of East Zorra-Tavistock Notwithstanding the policies of Section 3.1.4.1.2 the 10.4 ha (25.7 ac) parcel of land, forming Part of Lot 10, Concession 15 (East Zorra) in the Township of East Zorra-Tavistock, located immediately west of the 16th Line and south of Oxford Road 33, may be used for a 1 .0 ha (2.47 ac) on-farm solar energy sysfem use located in the southwest corner of the subject property. Performance Standards The following performance standards shall govern the on-farm solar energy generating system of this special agricultural area: . The on-farm solar energy system shall be limited to a maximum area of 1.0 ha (2.47 ac). . The on-farm solar energy sysfem shall be subject to a site plan control by-law pursuant to Section 41 of the Planning Act, R.S.O. 1990, as amended, requiring an agreement between the Township of ÊastZorra-Tavistock and the owner. o The site plan agreement shall address, but is not limited to, the following:. fencing of the area required for the on-farm solar energy system;. landscaping;o grâding; and. ary additional requirements as determined by the County and/or Township of East Zorra-Tavistock. Chapter 3 Natural and Cultural Resource Management Policies Page 3.1-5 3.1 Agricultural Land Resource Notice of Adoption from County of Oxford regarding "Official... Page 70 of 335 AMENDMENT No. I30 NEW OR EXISTING MODIFIED OR EXPANDED LIVESTOCK FACILITIES REGULATED FARMS GROUND AND SURFACE WATER PROTECTION County of Oxford Official Plan It is intended that the development of the on-farm solar energy sysfem shall be by a zoning by-law amendment restricting the uses on the property and keeping the lands within an agricultural zoning. 3.1.4.2 New or Expanding Livestock or Poultry Operations When the establishment of a new livestock or poultry housing structure or manure storage facility or the modification for enlargement of an existing livestock or poultry housing structure or manure storage facility is proposed, Minimum Distance Separation Formula // must be satisfied prior to the issuance of a building permit. The County of Oxford recognizes the importance of the agricultural industry to the County's economy and that large livestock farms are important in the agricultural sector with respect to food production and local economic impacts. ln addition to the protection of agricultural lands, the County also recognizes the importance of minimizing conflicts between farm operations and non-farm uses, as well as providing for the protection of environmental resources, including water resources. The County is totally dependent upon groundwater supplies for human, animal and industrial consumption. As such, having regard for the inter-relationships that exist between water quality and land use is considered an important component of the agricultural policies of this Plan. ln the interests of protecting the quality of ground and surface water, new regulated farms and existing livestock or poultry farms expanding to the scale of a regulated farm will be required to: o pr€pâre a nutrient management strategy and/or plan; . demonstrate that the regulated farm has adequate manure storage capacity;. satisfy the requirements of Minimum Distance Separation Formula ll and established setbacks from subsurface drains, water wells and surface water; and. establish the suitability of the proposed site for a livestock barn and/or nutrient storage facility Chapter 3 Natural and Gultural Resource Management Policies Page 3.1-6 3.1 Agricultural Land Resource Notice of Adoption from County of Oxford regarding "Official... Page 71 of 335 Gounty of Oxford Official Plan in accordance with the requirements of the Nutrient Management Act, 2002, and regulations, as amended, or the effective municipal by-law prior to the issuance of a building permit. Area Councils shall implement such requirements' through municipal Nutrient Management By-laws and comprehensive Zoning By-laws, until such time as these by-laws are superceded by regulations pursuant to the Nutrient Management Act, 2002. ExtsrNG Existing livestock or poultry farms not currently subject to the Nutrient LtvEsrocKFARMs Management ACt, 2002, are enCouraged to prepare a nutrient management plan and ensure that they have adequate manure storage in the interests of proactive groundwater and surface water protection. ENFIRONMENTALpoLtct*s Proposals to develop new or expanding livestock or poultry operations shall also comply with the policies of Section 3.2, Environmental Resource Policies. 3.1.4.3 ExistingUnder-SizedAgriculturalParcels oBJEclvEs To ensure that the primary function of existing undersized agricultural land parcels is for agricultural purposes. To permit accessory residential uses only where the principal agricultural function of the undersized parcel is not compromised. To ensure that regulated agricultural operations on small lots are not harmful to the environment. POLtCtES polrcyrNrENr lt is recognized that there are numerous small agricultural land holdings in the agricultural designations. lt is the intent of this Plan that such parcels will primarily be utilized for agricultural pursuits and as such do not constitute sites for non-agriculturally related development. PARGELSTZE Area Councils shall establish minimum farm parcel sizes in the Zoning By-Law. An undersized farm parcel is smaller than the established zoning standard and will require an amendment to the Zoning By-Law of the Area Municipality prior to the development of farm buildings, structures or accessory residential uses. Chapter 3 Natural and Cultural Resource Management Policies Page 3.1-7 3.1 Agricultural Land Resource Notice of Adoption from County of Oxford regarding "Official... Page 72 of 335 DEVELOPMENT CRITERIA VIABILITY PERMITTED USES FARM PLAN THIRD PARW REVIEW County of Oxford Official Plan To assist in the implementation of this Section, existing parcels within the Agricultural Reserve designation that are greater than t ha (2.47 acres) in area, but not more than 16 ha (39.5 acres) and that are occupied by an existing dwelling shall generally be zoned in an appropriate restrictive agricultural zoning category in the Area Zoning By-law. Existing undersized agricultural parcels may be used for a primary use permitted in Section 3.1.4.1, including the development of farm buildings or structures or accessory residential uses, except that larger, more intensive livestock farms shall not generally be permitted on an undersized agricultural parcel. The zoning provisions of the area municipal zoning by-law shall implement this limitation. 3.1.4.3.1 Development Criteria for Agricultural Parcels Existing Undersized Prior to the development of an existing undersized agricultural parcel for agricultural use, the following criteria shall be satisfied: A new farming operation shall only be established on an undersized agricultural parcel where it has been demonstrated that the proposed farm will be economically víable within a period of 5 years. The applicant shall provide information necessary to evaluate the viability of a new farming operation on an undersized parcel. lnformation pertaining to the scale and nature of the operation, projected revenues, expenses, financing and any other criteria deemed to be relevant to the proposal shall be provided to the satisfaction of the County of Oxford, at the expense of the applicant. Proposals will be evaluated by the Ministry of Agriculture, Food and Rural Affairs or other professional knowledgeable in farm economics and management, at the expense of the proponent. The purpose of the third party review is to provide the County and/or Area Municipality with an objective opinion regarding the information and analysis pertaining to viability in accordance with the Ministry's interpretation of a viable operation. The storage and disposal of manure shall be in accordance with the requirements as set out in the Nutrient Management Act, 2002, and/or the appropriate By-laws of the Area Municipalities. Proposals to create new livestock and poultry farms must satisfy Minimum Distance Separation Formula ll. MANURE DISPOSAL COMPATIBILITY Chapter 3 Naturaland Cultural Resource Management Policies Page 3.1-8 3.1 Agricultural Land Resource Notice of Adoption from County of Oxford regarding "Official... Page 73 of 335 ENVIRONMENTAL POLICIES sERv/cE rEvErs AGREEMENT OR SPECIAL ZONING DWELLING LOCATION AMENDMENT NO. 27 ACCEPTABLE ÁccEss AI'ENDMENT NO. 27 NON- AGRICULTURAL USES Gounty of Oxford Official Plan Proposals to develop existing under-sized agricultural parcels shall comply with the policies of Section 3.2, Environmental Resource Policies. Private water and on-site sewage facilities for the agricultural use will be established in accordance with the requirements of the County and the Board of Health and the policies contained in Section 3.2, Environmental Resource Policies, relating to water quality and quantity, as appropriate. Where a proposal to develop an undersized agricultural parcel satisfies the development criteria of this Section and conforms with all other relevant policies of the Official Plan, the construction of an accessory residential building may be permitted in accordance with the following: Where the development of farm outbuildings is proposed, the proponent enter into an agreement with the municipality, prior to the development approval, requiring that the construction of the proposed farm buildings be complete prior to the construction of any residential building. Alternatively, the municipality shall include a provision in the implementing zoning by-law requiring that the construction of the proposed farm buildings be complete prior to the construction of a residential building. Where no farm outbuildings are proposed, the implementing zoning by-law shall include an uH' holding provision prohibiting the construction of a residential building until the proponent has demonstrated, to the satisfaction of the Area Municipality, that the first two years of the approved farm plan has been implemented. Upon meeting this requirement, the "H" symbol will be removed by the Area Municipality. Any accessory residential dwelling will be situated in close proximity to any farm buildings, and will utilize the same driveway, and will satisfy the Minimum Distance Separation Formula / requirements. Any accessory residential dwelling will be located on a property that has frontage on a public road maintained year round at a reasonable standard of construction. Where a non-agricultural land use is proposed on an existing undersized agricultural land parcel, such use will comply with Section 3.1.5. Chapter 3 Natural and Cultural Resource Management Policies Page 3.1-9 3.1 Agricultural Land Resource Notice of Adoption from County of Oxford regarding "Official... Page 74 of 335 County of Oxford Official Plan 3.1.4.4 Severances for Farming Purposes OBJECTIVES pARcELstzl To provide for parcel sizes appropriate to the type of agricultural uses common to the area and to ensure flexibility for farm operators to engage in differing types of viable agricultural operations. vtABtLtrY To ensure that where farm parcels are created, they are capable of sustaining viable agricultural operations. MINIMIZEFRAGMENTAT.," To minimize farmland fragmentation and minimize the creation of irregularly shaped agricultural parcels. coMPArtBtLtrY To ensure that Minimum Distance Separation Formula // is satisfied. PROVINCIALcRtrERtA To incorporate Provincial criteria for evaluating agricultural consents into the decision process. 3.1.4.4.1 FarmConsolidation polrcrEs The following criteria will be used to determine the acceptability of proposals to sever agricultural land for farm consolidation purposes, where the land being conveyed is to be legally consolidated with an abutting existing farm property, to form one parcel under identical ownership: "iÉåygg . Farming must be the intended use of the land being conveyed and/or the land being retained; FLExtBtLtrY o Flexibility shall be achieved, such that farm parcels remain sufficiently large to permit a change in the commodity produced, scale of operation, diversification or intensification; stzF o Suitability of farm parcel size and configuration to the type of agriculture in the area as well as the farm parcel size typically associated with the type of agriculture proposed; FRAGMENTAT|oN . Severances affecting predominately Class I to lll agricultural capability soils should not result in further land fragmentation; coMPArtBtLtrY . Consents for farm consolidation purposes must satisfy Minimum Distance Separation Formula ll; The Ministry of Agriculture, Food and Rural Affairs may be consulted to evaluate the compliance with these farm severance criteria. Chapter 3 Natural and Cultural Resource Management Policies Page 3.1-10 3.1 Agricultural Land Resource Notice of Adoption from County of Oxford regarding "Official... Page 75 of 335 WOODLANDS FARM PLAN ENVIRONMENTAL POLtCtES ZONING POLTCTES FARMING PURPOSES COMPATIBILITY FLEXIBILITY SUITABILITY County of Oxford Official Plan Woodlands are to be maintained as part of a farm parcel and should not be severed unless the woodland is to be acquired for preservation or conservation purposes through conveyance to or purchase by the County of Oxford and/or other public authorities. The applicant shall generally be required to submit a farm plan to assist with the evaluation of the severance application and to demonstrate farm viability, where any of the farm lots resulting from the consolidation proposal are less than 30 hectares (75 acres). Such farm plans shall be prepared and evaluated in accordance with the policies of Section 3.1.4.3.1. Proposals to consolidate farm parcels may have an impact on environmental quality or may be subject to environmental constraints and shall comply with the policies in Section 3.2, Environmental Resource Policies. Proposals to consolidate farm parcels shall satisfy the 'General AgriculturalZone' provisions of the Area Municipal Zoning By-law. Restrictions prohibiting the development of a new residential dwelling on either the severed or retained parcels shall not be applied in zoning, provided that the newly consolidated parcel and the retained parcel conform to the provisions of the zoning by-law of the Area Municipality. 3.1.4.4.2 Creation of Farm Parcels The following criteria will be used to determine the acceptability of proposals to sever agricultural land for the creation of new farm parcels: . Farming or conservation must be the intended use of the land being conveyed and the land being retained; . Consents for the creation of new farm parcels must satisfy Minimum Distance Separation Formula ll; o Flexibility shall be maintained, such that farm parcels remain sufficiently large to permit a change in the commodity produced, scale of operation, diversification or intensification; o Suitability of farm parcel size and configuration to the type of agriculture in the area as well as the farm parcel size typically associated with the type of agriculture proposed. Ghapter 3 Natural and Gultural Resource Management Policies Page 3.1-11 3.1 Agricultural Land Resource Notice of Adoption from County of Oxford regarding "Official... Page 76 of 335 Gounty of Oxford Official Plan FRAGMENTAT|oN . Severances affecting predominately Class I to lll agricultural capability soils should not result in further land fragmentation; fhe Ministry of Agriculture, Food and Rural Affairs may be consulted to evaluate the compliance with these farm severance criteria. FARMPLAN The applicant shall generally be required to submit a farm plan to assist with the evaluation of the severance application and to demonstrate farm viability, where either the lot to be severed or the lot to be retained is less than 30 hectares (75 acres). Such farm plans shall be prepared and evaluated in accordance with the policies of Section 3.1.4.3.1, t'"}Eif¿:;f^ ln considering the proposed consent, regard shall be had for the following site specific criteria: , the amount of workable land in comparison to total parcel size; , the size and configuration of the proposed parcels for tillage or livestock purposes; , the presence of farm buildings or structures to support the proposed use; , the farm parcel shall have frontage on a public road maintained year round at a reasonable standard of construction. EXISI/NG SUPPTY ToFpARcELs ,)roposals to establish a new farm parcel may be required to demonstrate that nearby parcels of a similar size are unavailable; wooDLANDs Woodlands are to be maintained as part of a farm parcel and should not be severed unless the woodland is to be acquired for preservation or conservation purposes through conveyance to or purchase by the County of Oxford and/or other public authorities. "''^o$:rlJ,Êt Proposals to create new farm parcels which may have an impact on environmental quality or may be subject to environmental constraints shall comply with the policies in Section 3.2, Environmental Resource Policies. zoNtNG At a minimum, the parcel to be severed and the parcel to be retained shall satisfy the General Agricultural zone provisions of the Area Municipal Zoning by-law. Chapter 3 Natural and Cultural Resource Management Policies Page 3.1-12 3.1 Agricultural Land Resource Notice of Adoption from County of Oxford regarding "Official... Page 77 of 335 County of Oxford Official Plan 3.1.4.4.3 Conditions ForAgricultural Consents The Land Division Committee may impose appropriate conditions on the granting of a consent in order to ensure the legitimacy of the agricultural component of the consent. Such conditions may include, but are not limited to, the following: o where buildings or structures proposed in a farm plan are necessary to comply with the policies of this Plan, approval may be subject to substantial completion of such buildings or structures, prior to the stamping of deeds; . the prohibition of residential structures on the proposed lot through a site specific zoning; . a condition for a severance agreement requiring the construction of proposed farm outbuildings prior to the construction of any residential buildings; . requirement for all or some part of a farm plan to be in place prior to the stamping of deeds including the planting of any required crops; . measures to assist in environmental enhancements including topsoil preservation and water quality maintenance as set out in Section 3.2, Environmental Resource Policies. 3.1.4.4.4 Easements, Rights-of-Way, Correction of Title and Boundary Adjustments Consent for severances involving farmlands may be given for the following purposes: o to create or alter any private easement or right-of-way; o to correct or confirm valid title for a lot which is held in distinct and separate ownership; . to make minor adjustment to the legal boundaries of lots to conform to existing patterns of exclusive use and occupancy or to rectify problems created by the encroachment of buildings, structures, private water supply or private sewage disposal facilities on abutting lots. Ghapter 3 Natural and Cultural Resource Management Policies Page 3.1-13 3.1 Agricultural Land Resource Notice of Adoption from County of Oxford regarding "Official... Page 78 of 335 OBJECTIVES POLTCTES RESIDENCES ONLY ACCESSORY TO THE FARM AMENDMENT NO. 27 CRITERIA FOR ADDITIONAL ON. FARM RESIOENCES County of Oxford Official Plan 3.1.4.5 Policies for Farm Residential Uses These policies apply to proposals for on-farm dwellings accessory to the farming operation. To permit the development of on-farm dwellings required to support the farm activity. To ensure that new dwellings will be established only for people associated with the farm activity. To ensure that farm dwellings are not permitted to be severed from the farm unit, except through farm consolidation in accordance with the policies of Section 3.1.4.5.2. Within the Agricultural Reserve designation, residential uses on the farm unit will be accessory to farming operations and shall be permitted only as part of the farm. Area Zoning By-Laws may prohibit the establishment of accessory residential uses to lots having frontage on a public road, maintained year round at a reasonable level of construction. Notwithstanding this policy, garden suffes are also permitted in the Agricultural Reserve designation subject to the policies of Section 10.3.9. Additional dwelling units may be permitted on the farm unit in the form of temporary dwellings such as mobile homes or modular dwellings, permanent detached dwellings including bunkhouses or converted dwellings through a minor variance granted by the Area Committee of Adjustment. A converted dwelling shall be a permitted use in the implementing zone category. Preference will be given to temporary dwellings. 3.1.4.5.1 Development Criteria for Farm Residential Uses Applications for additional dwelling units shall, in the opinion of the Area Council, satisfy the following criteria: . the type of the farm warrants the need for an additional dwelling unit in terms of requiring close proximity for farm personnel for the farm operations; Chapter 3 Natural and Cultural Resource Management Policies Page 3.1-14 3.1 Agricultural Land Resource Notice of Adoption from County of Oxford regarding "Official... Page 79 of 335 AMENDMENT NO. 27 REQUIREMENTS FOR PERMANENT DWELLINGS REQUIREMENTS FOR TEMPORARY DWELLINGS County of Oxford Official Plan o the size and scale of the farm unit in terms of land area and livestock or poultry currently warrants the need for an additional dwelling unit; o the size of the farm parcel is in keeping with the policies of Section 3.1 of the Official Plan and the provisions of the Zoning By-Law of the Area Municipality; and o the number of existing farm-related dwellings already on the farm unit cannot adequately serve the needs of the farm operation. . the principal farm dwelling unit is occupied by the farmer, a retired farmer or hired help or family members directly involved with the farming activity; . the additional dwelling unit is demonstrated to be necessary for hired help or family members directly involved with the farming activity or is required for farm retirees; . an adequate supply of water and sanitary waste disposal system are provided to the satisfaction of the Oxford County Board of Health; and o the location of the proposed additional farm dwelling is in conformity with the policies of Section 3.2, Environmental Resource Policies. Where the proposed additional farm dwelling is intended to be a permanent dwelling unit, the new dwelling will generally be located in close proximity to the existing dwelling and farm buildings and will be encouraged to use the existing driveway for access except in instances where farm safety issues would be better addressed by a separate access. Permanent dwellings will satisfy the Minimum Distance Separation Formula L Where the proposed additional farm dwelling is intended to be a temporary dwelling such as a mobile dwelling unit or a modular dwelling unit, the Committee of Adjustment of the Area Municipality shall require the applicant to enter into an agreement with the municipality to address issues such as installation, maintenance, removal, period of occupancy and other matters deemed appropriate to ensure the dwelling is farming related and temporary in nature. Temporary dwellings must satisfy the requirements of Minimum Distance Separation Formula / (MDS l) or not further reduce an existing insufficient setback relative to MDS l. Chapter 3 Natural and Cultural Resource Management Policies Page 3.1-15 3.1 Agricultural Land Resource Notice of Adoption from County of Oxford regarding "Official... Page 80 of 335 EXCEPTION OBJECTIVES RELATED TO THE FARM OPERATION MINIMIZE LAND AREA MINIMIZE LAND USE CONFLICT NEW USES County of Oxford Official Plan 3.1.4.5.2 Surplus Farm Residences On-farm dwellings are to be considered as part of lhe farm unit and consent to sever any surplus farm dwellings will not be permitted by the Oxford County Land Division Committee, unless the proposal involves a farm consolidation in accordance with the policies of Section 3.1.4.4.1 and complies with the policies of Section 3.1.5.4.2. Notwithstanding the above policy, a surplus second or additional farm dwelling may be severed from the farm where such dwelling is located within a designated settlemenf as shown on Schedule C-3, Settlement Strategy Plan, and satisfies the policies for residential developmenf in the settlement area. 3.1.4.6 Agricultural Commercial andAgriculturallndustrial Uses To ensure that agricultural commercial or agricultural industrial uses are related to the farm operation and are required in close proximity to the farm operation. To minimize the amount of prime agricultural land which is converted to agricultural commercial and agricultural industrial uses. To ensure that agricultural industrial and agricultural commercial uses are limited in scale and compatible with agriculture and existing land USES. 3.1.4.6.1 Development Criteria for Agricultural Commercial or Agricultural lndustrial Uses Agricultural industrial and agricultural commercial uses that are related to the farm operation and require a location in close proximity to the farm operation are considered to be agricultural-related uses, in accordance with the Provincial Policy Statement (PPS). Such uses may be considered in a prime agricultural area, where the policies of this section can be satisfied. The Area Council may permit the establishment of new agricultural commercial and agricultural industrial activities subject to a site specific amendment to the Area Municipal Zoning By-law supported by planning and technical studies to address the following criteria: Chapter 3 Natural and Cultural Resource Management Policies Page 3.1-16 3.1 Agricultural Land Resource Notice of Adoption from County of Oxford regarding "Official... Page 81 of 335 DIRECTLY RELATED TO AGRICULTURE SPEC/F/C USE LOCATION IRI4FFIC /SSUES Gounty of Oxford Official Plan Proposed agricultural commercial and agricultural industrial uses must demonstrate that the predominant activity will be related to the farm operation where the use is to be established and unable to function successfully or properly without a location in close proximity to that farm operation. Uses which do not satisfy these criteria will be directed to designated seff/emenf areas to reinforce the traditional community and service functions of these areas. Only proposals stating a specific use will be considered by the Area Council or the Oxford County Land Division Committee. To ensure that a proposed use is limited in scale and that the land area proposed for a specific agricultural commercial or agricultural industrial activity will be consistent with the requirements of the proposed use, any proposal for such a use shall be accompanied by a detailed site plan showing the location of buildings and structures; septic beds; areas for parking, storage and landscaping; lot grading and drainage, points of access; and any other information deemed to be relevant to the proposal. Agricultural commercial and agricultural industrial uses shall generally be developed on the same parcel as the farm operation to which such use is related. Proposals to establish a new agricultural commercial or agricultural industrial use on any other parcel shall only be permitted where the applicant has demonstrated that locating on the parcel containing the farm operation to which such use is related is not suitable or feasible for the proposed use. Where such justification has been provided, to the satisfaction of the Area Council, the use shall be directed to the following preferred locations: . designatedseff/emenfs;. existing agricultural commercial or agricultural industrial, non-farm rural residential, commercial, industrial or institutionally zoned parcels, or parcels made unsuitable for agriculture by former land uses, such as aggregate extraction; or. a parcel comprising part of the farm unit containing the farm operation to which the proposed agricultural commercial or agricultural industrial use is related. The location of agricultural commercial and agricultural industrial uses shall not create a traffic hazard due to proximity to bridges, railway crossings, curyes or grades or any other potential traffic hazard and agricultural commercial and agricultural industrial uses shall be located on a road capable of accommodating the access and the nature of the traffic anticipated to be generated, according to the authority with jurisdiction over the road. Chapter 3 Natural and Cultural Resource Management Policies Page 3.1-17 3.1 Agricultural Land Resource Notice of Adoption from County of Oxford regarding "Official... Page 82 of 335 COMPATIBILIW SERY'CE tEYEtS ENVIRONMENT MINERAL AND PETROLEUM RESOURCES SITE PLAN APPROVAL SEVERANCES County of Oxford Official Plan Agricultural commercial and agricultural industrial uses shall be limited in scale so that they do not hinder surrounding agricultural operations or other existing land uses. Appropriate scale limitations for such uses shall be established through the site specific amendment to the Area Zoning By-Law and may include limits on total floor area for associated buildings and structures, number of employees, open storage, sale of goods and materials and other provisions necessary to limit the overall type and scale of use. New or enlarged agricultural commercial and agricultural industrial uses shall be located in conformity with Minimum Distance Separation Formula L Private water and on-site sewage facilities for an agricultural commercial or agricultural industrial use will be established in accordance with the requirements of the County and the Board of Health and the policies contained in Section 3.2, Environmental Resource Policies, relating to water quality and quantity, as appropriate. Proposed uses that meet the requirements of Section 34 of the Ontario Water Resources Act are required to obtain a "Permit to Take Water" from the Ministry of the Environment. Agricultural commercial and agricultural industrial proposals, shall comply with the policies of Section 3.2, Environmental Resource Policies and Section 3.3 Cultural Resource Policies. Agricultural commercial and agricultural industrial proposals shall comply with the policies of Section 3.4, Resource Extraction Policies. All agricultural commercial and agricultural industrial developments shall be subject to site plan approval to address considerations such as set-backs, building location, buffering and screening, and, subject to the nature of the use, containment facilities for on-site spills. Agricultural commercial and agricultural industrial uses are to be considered part of the farm operation and the severance of an agricultural commercial or agricultural industrial use from the farm parcel upon which it is located, shall not be permitted. Chapter 3 Natural and Gultural Resource Management Policies Page 3.1-18 3.1 Agricultural Land Resource Notice of Adoption from County of Oxford regarding "Official... Page 83 of 335 EXISTING AGRICULTURAL RELATED USES AMENDMENT NO.20 OBJECTIVES NO CONFLICT WITH AGRICULTURAL GOAL SECOiVDÁRY IMPORTANCE County of Oxford Official Plan Agricultural related uses located on a separate parcel from a farm operation and recognized by Agricultural Business zoning in the Area Zoning By-Law, as of January 14, 2009, may be permitted to re- develop for the following uses, subject to a site specific Zoning By- Law amendment: . an agricultural commercial or agricultural industrial use, in accordance with the policies of this section;. uses permitted in the standard Agricultural Business Zone in the Area Zoning By-Law and other uses which are related to, or generally supportive of, agriculture; and. an industrial or commercial use, provided that any re- development is limited to a specific use or uses. Such redevelopment shall continue to be subject to the other policies of this section. 3.1.4.6.3 SpecialPolicies The following policies apply, in addition to the relevant policies of this section, to the specific accessory residential uses. These specific policies provide guidance to the developmenf of these sites. 3.1.4.6.3.1 Part Lot 28, Conc. 10 (East Nissouri) Township of Zorra A 2 ha (5 ac.) parcel of land, forming part of Lot 28, Concession 10 (East Nissouri) in the Township of Zorra,located on the west side of County Road 119 between Road 92 and Road 96 be exempt from the Minimum Distance Separation Formula / requirements of Section 3.1.4.6 of the County Official Plan for the purpose of establishing a farm implement dealership on the subject property. 3.1.5 Policies for Non-Aqricultural Uses ín the Aaricultural Reserve The policies in this section apply to non-agricultural uses in the Agricultural Reserve land use designation in the County of Oxford. To permit expanded or new non-agricultural uses only where such uses do not conflict with the "Goal for Agricultural Policies" as set out in Section 3.1.1. To ensure that non-agricultural uses in Agricultural designations remain clearly secondary to the principal function of food and fibre production of these areas. Chapter 3 Natural and Cultural Resource Management Policies Page 3.1-19 3.1 Agricultural Land Resource Notice of Adoption from County of Oxford regarding "Official... Page 84 of 335 DIRECT TO SETIIEMEIVIS POLtCtES DEFINITION GENERAL INTENT NEW USES GROUP HOMES County of Oxford Official Plan To direct non-agricultural uses to designated seff/emenfs as a first priority. For the purposes of this Section, "Non-Agricultural Uses" include commercial, industrial, institutional, infrastructltre, public works yards, recreational and residential uses that are not directly related to or supportive of agriculture. It is the intent of this Plan that within the Agricultural designations, the use of prime agricultural land for agricultural, mineral, petroleum and environmental resources will be given a higher priority in land use decision making than its use for non-agricultural uses. 3.1.5.1 Commercial/lndustrial and lnstitutional Uses ln order to maintain the agricultural land resource for agriculture and related uses and to ensure that new commercial, industrial and institutional uses develop on an appropriate level of services, new non-agricultural commercial, industrial and institutional uses will not be permitted within the Agricultural Reserve designation. Notwithstanding the above, a group home for three to ten residents excluding staff or the receiving family which is licensed or approved under provincial statute may be permitted within a dwelling that existed as of the date of adoption of this Plan (December 13, 1995), by site specific rezoning within the Agricultural Reserve designation subject to meeting the following criteria: . the group home use will be secondary to the principal farm use of the property; . compliance with Minimum Distance Separation Formula I is required for the group home; o existing or proposed water and on-site sewage services are adequate or will be adequate to serve the facility, in accordance with the requirements of the County and the Board of Health and the policies of Section 3.2, Environmental Resource Policies relating to water quality and quantity, as appropriate. Ghapter 3 Natural and Cultural Resource Management Policies Page 3.1'20 3.1 Agricultural Land Resource Notice of Adoption from County of Oxford regarding "Official... Page 85 of 335 EXISTING USES COMPATIBILITY ENVIRONMENT County of Oxford Official Plan Non-agricultural commercial, industrial or institutional uses recognized by existing zoning on the date of the adoption of this Plan (December 13, 1995) which are located in the Agricultural Reserve designation will be considered as permitted uses. Area Councils may permit minor expansion or minor change in use and the Land Division Committee may consider the granting of consents for existing uses to permit the expansion of the use or readjustment of property boundaries provided that: Existing or proposed services including water supply, on-site sewage facilities, surface drainage and road access are adequate or will be made adequate to serve the proposed development to the satisfaction of the Area Council and/or County Council. On-site sewage and water facilities shall satisfy the requirements of the County and the Board of Health and the policies of Section 3.2, Environmental Resource Policies relating to water quality and quantity, as appropriate. Proposed uses that meet the requirements of Section 34 of the Ontario Water Resources Act are required to obtain a "Permit to Take Water" from the Ministry of the Environment. The proposal will be compatible with existing land uses in the vicinity in terms of noise, odour, emissions, vehicular traffic, and visual intrusion and may be required to satisfy Minimum Distance Separation Formula / in situations where greater conflicts with agriculture may result. Proposals may be subject to site plan approval to ensure land use compatibility. Proposals shall comply with the policies of Section 3.2, Environmental Resource Policies and Section 3.3, Cultural Resource Policies. 3.1.5.1.1 Special Policies The following policies apply, in addition to the relevant policies of this section, to the specific commercial or industrial uses. These specific policies provide guidance to the developmenf of these sites. Ghapter 3 Natural and Gultural Resource Management Policies Page 3.'l-21 3.1 Agricultural Land Resource Notice of Adoption from County of Oxford regarding "Official... Page 86 of 335 Amendment No.7 Gounty of Oxford Official Plan 3.1.5.1.1.1 Part Lots 25 &26, Conc.2, (West Oxford) Township Of South-West Oxford A24.3 hectare (60 acre) parcel of land lying in part of Lots 25 and 26, Concession 2 (West Oxford) which is located south of Robinson Road, west of Wallace Line and north of Wilson Line in the Township of South-West Oxford may be used for a truck transport terminal. Servicing It is intended that developmenf on the property shall take place on full municipal services (municipal centralized water supply and waste water tre atme nt sysfems). Performance Standards The following performance standards shall govern the development of the subject property: o the access points to the subject property shall be designed in a manner which will minimize the danger to vehicular traffic; o development of the subject lands shall be subject to site plan control in accordance with the provisions of the Planning Act and shall deal with such matters, but not be restricted to, lighting, landscaping and fencing, disposal of storm water and location and surfacing of parking facilities. A storm water management plan shall be prepared by the proponent and be acceptable to the Upper Thames River Conservation Authority, the Ministry of Transportation and the Township of South-West Oxford; . a wellhead protection plan for Well No. 11 of the lngersoll Public Utility Commission outlining protection measures, construction techniques and on-going monitoring shall be prepared by the proponent and be acceptable to the County of Oxford and the lngersoll Public Utility Commission; . a waste water collection and treatment system employed by the truck washing facility shall be prepared by the proponent and be acceptable to the County of Oxford. Ghapter 3 Natural and Cultural Resource Management Policies Page 3.1-22 3.1 Agricultural Land Resource Notice of Adoption from County of Oxford regarding "Official... Page 87 of 335 County of Oxford Official Plan 3.1.5.1.1.2 Lot 8, Concession 3 (North Norwich) Township Of Norwich A 3.2 hectare (eight acre) parcel of land lying in the south part of Lot 8, Concession 3 (North Norwich) Township of Norwich with frontage on the west side of Highway No.59 may be utilized for a warehouse and distribution centre for printed material and accessory office facilities. A single-family dwelling for a caretaker, watchman, owner or other person employed on the site may also be permitted. 3.1.5.1.1.3 Lot 8, Concession 7 (Dereham) Township Of South-West Oxford A one hectare (2.5 acre) parcel of land lying in part of Lot 8, Concession 7 (Dereham) which is on the east side of Highway No. 19 where it intersects with the road allowances between Lots 7 and 8 in the Township of South-West Oxford may be used for a wholesale and retail warehouse outlet for antique tractors and parts, and a regional supply warehouse for custom fireplace products and drainage supplies. 3.1.5.1.1.4 Lot2, Concession 5 (West Zorra) Township Of Zorra A four hectare (10 acre) parcel of land lying in part of Lot 2, Concession 5 (West Zorra) which is on the east side of County Road No. 6 just north of Highway No. 2 in the Township of Zorra may be used for a general warehouse and truck depot. 3.1.5.1.1 .5 Lot 1, Concession 3 (West Oxford) Township Of South-West Oxford A 1.87 hectare (4.6 acre) parcel of land lying in part of Lot 1, Concession 3 (West Oxford) which is located on the southwest corner of the intersection of County Road No. 12 and the Old Stage Road in the Township of South-West Oxford may be used for a lawn care franchise in addition to those uses already permitted on the subject property. Chapter 3 Natural and Cultural Resource Management Policies Page 3.1-23 3.1 Agricultural Land Resource Notice of Adoption from County of Oxford regarding "Official... Page 88 of 335 AMENDMENT No. 35 AS AMENDED BY OMB ORDER'1124 County of Oxford Official Plan 3.1.5.1.1.6 Lot 7, Concession 8 (Dereham) Township Of South-West Oxford A parcel of land approximately 3 hectares lying in part of Lot 7, Concession I (Dereham) which is located on the southeast corner of Highway No. 19 and Airport Road, north of Spittler Creek, may be utilized for processing, warehousing, storage and related office and retail uses for a nut, confectionery and baking supplies operation. Additional permitted uses may include the retail sale of giftware, greeting cards and stationary, party and paper goods, natural food supplements, tourist souvenirs, fireworks and the use of vending machines for the sale of food to the public for immediate consumption. The sale of articles of clothing (except for souvenir t- shirts and sweatshirts) and any dolls or doll related items shall not be permitted. Additional permitted uses shall not collectively occupy more than 25% of the floor area of the building or structure. 3.1.5.1.1.7 Lot 1, Concession 3 (West Oxford) Township Of South-West Oxford A 3.2 hectare (eight acre) parcel of land lying in part of Lot 1, Concession 3 (West Oxford) which is located on the northwest corner of the intersection of County Road No. 12 and the Old Stage Road in the Township of South-West Oxford may be used for a machine shop primarily oriented to serving the agricultural and forestry enterprises in addition to those uses already permitted under Section 3.1.4.6. It is intended that an accessory dwelling unit may be permitted within this special agricultural industrial area and shall be located to the immediate west of the proposed industrial building and the same zone as that proposed for the agricultural industrial use. Such dwelling shall be restricted to the owner, caretaker, watchman or other persons employed in the agricultural industrial operation. 3.1.5.1.1.8 Lot 18, Concession 3 (East Oxford) Township Of Norwich Notwithstanding the policies of Section 3.3.1.4, two parcels of land totaling 12.75 hectares (31.5 acres) situated in part of Lot18, Concession 3 (East Oxford), Township of Norwich with frontage on the east side of Highway No. 59 may be used for aggregate and construction related processing, manufacturing and distribution in addition to uses permitted on the subject property by this PIan. Permitted activities include but are not limited to crushing, screening, washing, asphalt batching and concrete ready-mix and associated business office and maintenance activities. Chapter 3 Natural and Cultural Resource Management Policies Page 3.1-24 3.1 Agricultural Land Resource Notice of Adoption from County of Oxford regarding "Official... Page 89 of 335 County of Oxford Official Plan 3.1.5.1.1.9 Lot 11 And Part Lot 10, Conc. 11 (Blenheim) Township Of Blandford-Blenheim A 101.2 hectare (250 acre) parcel of land consisting of Lot 1 1 and the northwest quadrant of Lot 10, Concession 11 (Blenheim), Township of Blandford-Blenheim, may be used for the following specified uses to accommodate a religious order known as the Brethren of Early Christianity. lt is intended that the non-agricultural uses as well as the residential uses shall be located within the existing developed area of the farm unÍ which comprises approximately 5.4 hectares (13.2 acres)which fronts on Concession Road No. 12 and is located in the north half of Lot 11, Concession 11 (Blenheim). lt is also intended that the policies of Section 3.2.8, shall apply, where applicable. Land Use A maximum of 20 dwelling units will be permitted to accommodate members of the Brethren of Early Christianity. The new dwelling units will be located in the existing developed area of the farm unit and will be of the modular home type. The modular dwellings shall be removed from the site at such time as the Brethren vacate the property. ln addition to those agricultural uses already permitted on the subject property, additional farm related commercial and industrial services, school, nursery school and limited manufacturing as specified in the site specific zoning by-law may be allowed. The limited manufacturing shall be those uses existing on the property and shall be of a dry industrial nature, characterized by minimal water requirements for their processing, cooling or equipment washing and which do not discharge large quantities of waste water. Ghapter 3 Naturaland Cultural Resource Management Policies Page 3.1-25 3.1 Agricultural Land Resource Notice of Adoption from County of Oxford regarding "Official... Page 90 of 335 County of Oxford Official Plan Servicing Notwithstanding the policies of Section 5.5.3 to the contrary, it is intended that development on the property shall take place on a private well and a private communal waste water treatment plant as approved by the County of Oxford and the Ministry of the Environment. The Brethren will enter into a responsibility agreement with the County of Oxford. Such agreement shall include, but not be limited to, terms for the construction, operation and maintenance of the facilities, a letter of credit to the County, and a condition that in the event that the Brethren of Early Christianity vacate the subject property, the sewage treatment plant will be decommissioned and removed. Performance Standards The following performance standards shall govern the development of this special agricultural area: . the residential dwellings and non-agricultural related uses along with agricultural related uses will be considered to be part of the farm unit and consent to sever from the farm unit such uses will not be permitted; . adequate off-street vehicle parking areas shall be provided which will permit the parking of vehicles clear of any road allowance and permit adequate maneuvering of vehicles within such parking areas; o the access points to such parking areas shall be designed in a manner which will minimize the danger to vehicle and pedestrian traffic; o open storage areas shall be effectively screened from adjacent land uses and from Concession Road 12; o the residential dwellings and non-agricultural related uses shall be clearly secondary to the existing farm operation and shall not change the agricultural character of the farm unit nor create a public nuisance in particular regard to noise, traffic and/or parking; o the residential uses and non-agricultural related uses shall be subject to a site plan control by-law pursuant to Section 41 of the Planning Act, R.S.O. 1990, as amended, requiring the entering into of an agreement between the Township and the Brethren; Chapter 3 Natural and Cultural Resource Management Policies Page 3.1-26 3.1 Agricultural Land Resource Notice of Adoption from County of Oxford regarding "Official... Page 91 of 335 AMENoTIENT NO. ,I Gounty of Oxford Official Plan o the residential dwellings and non-agricultural related uses shall be limited to the existing developed area along Concession Road No. 12 to an area of approximately 5.4 hectares (13.2 acres); . new residential dwellings shall be of a modular type which will be removed at such time as the Brethren of Early Christianity vacate the subject property; o it is intended that developmenf shall be by a zoning by-law amendment restricting the uses on the property and keeping the lands within an agricultural zoning, 3.1 .5.1 .1 .10 Part Lot 10, Concession 1 (North Oxford) Township Of Zorra A 0.63 hectare (0.89 acre) parcel of land lying in part of Lot 10, Concession 1 (North Oxford) which is located south of the property on the southwest corner of the intersection of Road 68 and the 31st Line may be used for a public garage for the repair of trucks and trailers, wagons and farm vehicles. 3.1 .5.1 .1 .11 Part Lots 13, 14 & 15 Conc. 1 1 (Blenheim) Township Of Blandford-Blenheim A 238.8 hectare (590 acre) parcel of land consisting of Part Lots 13, 14 and 15, Concession 11 (Blenheim) in the Township of Blandford- Blenheim, may be used for the following specific on-farm diversified uses to accommodate the Community Farm of the Brethren. lt is intended that the non-agricultural uses as well as the residential uses shall be located within the existing developed area of lhe farm unit. o A maximum of 20 dwelling units within one or more buildings will be permitted to accommodate members of the Community Farm of the Brethren. Chapter 3 Natural and Cultural Resource Management Policies Page 3.1-27 3.1 Agricultural Land Resource Notice of Adoption from County of Oxford regarding "Official... Page 92 of 335 AMENDMENT No. 38 AMENDMENT NO, 96 PROHIBITED USES County of Oxford Official Plan . ln addition to those agricultural uses already permitted on the subject property, additional on-farm diversified uses, including the manufacturing of down bedding and accessory retail outlet, an egg noodle processing plant, a construction business and a gear cutting business may be allowed in the site specific zoning by-law. The on-farm diversified uses shall be of a dry industrial nature, characterized by minimal water requirements for their processing, cooling or equipment washing and which do not discharge large quantities of waste water. Each on-farm diversified use shall directly involve the farm operators and resident on-farm family members and each use shall be limited to one additional full{ime employee. o The residential uses and non-agricultural related uses shall be subject to a site plan control by-law pursuant to Section 41 of the Planning Act, R.S.O. 1990, as amended, requiring the entering into of an agreement between the Township and the Community Farm. o lt is intended that developmenf shall be by a zoning by-law amendment restricting the uses on the property and keeping the lands within an agricultural zoning. 3.1.5.1.1.12 Part Lot 14, Concession 6 (North Norwich) Township of Norwich A 0.4 hectare (1.0 acre) parcel of land consisting of Part Lot 14, Concession 6 (North Norwich)Township of Norwich, may be used for a private school. The private school shall be serviced by on-site private water and sanitary facilities. The private school shall be permitted to serve the needs of the local community who are dependent on horse drawn vehicles as their primary means of transportation. The private school shall be attended solely by children from that community. 3.1.5.2 Recreational Uses Subject to an Official Plan amendment in accordance with the policies of Section 3.1.6, land extensive recreational uses that require a rural location with unique physical features may be permitted within prime agricultural areas. New or expanded campgrounds or seasonal trailer parks are prohibited. Existing campgrounds or seasonal trailer parks may be recognized in the municipalzoning by-laws. Chapter 3 Natural and Cultural Resource Management Policies Page 3.1-28 3.1 Agricultural Land Resource Notice of Adoption from County of Oxford regarding "Official... Page 93 of 335 EXSI/NG USES County of Oxford Official Plan Existing recreational uses that are recognized by existing zoning as of January 14, 2009, which are located in the Agricultural Reserve designation will be considered as permitted uses. Except for those uses subject to prohibition, Area Councils may permit minor expansion or minor change in use and the Land Division Committee may consider the granting of consents to permit the expansion of the use or adjustment of property boundaries without amendment to this Plan. Such proposals shall be evaluated in accordance with the policies for existing uses in Section 3.1.5.1 of this Plan. 3.1.5.2.1 AccessoryResidences For recreational uses permitted by Official Plan amendment or for existing uses, a maximum of one permanent residence may be permitted accessory to a permitted recreational use subject to the following criteria: Any permitted accessory residence will be located in conformity with Minimum Distance Separation Formula l. Where the development of a new accessory residential dwelling is proposed, the proponent will enter into an agreement with the municipality requiring the establishment of the recreational use to be completed prior to the construction of the residential dwelling. Any residential dwelling is considered as an accessory part of the recreational activity and as such consent to sever a residential dwelling from the balance of the lands will not be permitted. 3.1.5.2.2 SpecialPolicies The following policies apply, in addition to the relevant policies of this section, to the specific recreational uses. These specific policies provide guidance to the developmenf of these sites. LOCATION AGREEMENT SEVERANCE OF ACCESSORv RES/DENCES Chapter 3 Natural and Gultural Resource Management Policies Page 3.1-29 3.1 Agricultural Land Resource Notice of Adoption from County of Oxford regarding "Official... Page 94 of 335 ATENDTEI{Í No.4ll Amendment No.73 POLICY INTENT County of Oxford Official Plan 3.1.5.2.2.1 Part Lot 19, Concession 3 (East Oxford) Township Of Nonruich A 28.3 hectare (70 acre) parcel of land consisting of Part Lot 19, Concession 3 (East Oxford), Township of Nonruich, which is located immediately west of County Road 59 and consists of the non- developed lands between Pattullo Avenue and Old Stage Road, may be used for an active recreational use, specifically a golf course, within the area identified as a Sand and Gravel Resource Area in Appendix 2-1. All other criteria in the County of Oxford Official Plan to assess an application to permit an active recreational use shall be complied with. ln addition, development of a golf course shall follow the environmental guidelines established by the Royal Canadian Golf Association. 3.1.5.2.2.2 Lot 7, Concession 6 (North Norwich) Notwithstanding the policies for recreational uses in Agricultural Reserve Areas established in Section 3.1.5.2, a 22 hectare (54 acre) parcel of land consisting of Part Lot 7, Concession 6 (North Norwich), Township of Nonruich, which is located on the east side of Highway 59 and south side of Airport Road, may be used for an active recreational use, specifically a 9-hole golf course. All other criteria in the County of Oxford Official Plan shall be complied with to assess an application to permit an active recreational use. 3.1.5.3 lnfrastructure and Public Works Yards Infrastructure will be permitted to be established in the Agricultural Reserve designation in accordance with the criteria of Section 5.2. Public works yards may be permitted in the Agricultural Reserve designation, subject to the policies of Section 3.2, Environmental Resource Policies. 3.1.5.4 Rural Residential Uses Non-farm rural residential development is considered to be incompatible with agriculture such that it can create conflicts with farming activities. Therefore, it is the intent of this Plan to permit only limited non-farm rural residential development in locations within the Agricultural Reserve designation which will not conflict with the Goal for Agricultural Policies as set out in Section 3.1.1. ln keeping with the Goal for Agricultural Policies, existing non-farm rural residential uses will be encouraged to re-develop for agricultural and related uses, subject to the policies of this Section. Ghapter 3 Naturaland Cultural Resource Management Policies Page 3.1-30 3.1 Agricultural Land Resource Notice of Adoption from County of Oxford regarding "Official... Page 95 of 335 Page 96 of 335 5 BAYIIAM HISTORICAL SOCTETY MUMCIPAL OF'F'ICE - STR{FTIORDVILLE t o6 JANUARY 8,2009. PRESENT: Harris Teall, 8il1 & Donna Baldwin, Arvilla Beckett, Mary Newland, Bob Graham, Cheryl Peters, Ray Maddox, Lynn Acre, Dorothy Godby, Robert & Jeanette Heil, Cindy & Donald Batdwin and CliffEvanitski. President Ray Maddox called the meeting to order at7:30, welcoming members & guests. A motion to accept the minutes of December Iltr. 2008 was made by Robert Heil, 2nd. by Bob Graham. Motion carried. GUEST SPEAKER: Lynn Acre introduced our guest speaker CliffEvanitski who spoke of Overseers of Highways, Pound Keepers and Fence Viewers. Cliffread from the Town Book - Township of Bayham 1826-1848-Johnson that was given to Donna Baldwin when she spoke to a group at the Elgin County Library in St. Thomas. The bookwas discarded and she was happy to receive it. HIGHWAY OVERSEERS and PATHMASTERS jobs were to oversee a section of road and make sure the residents on that stretch were doing a good job of keeping their area of road in good shape. Ooly landowners were responsible, not tenants. They had the authority to hold cor¡rt and charge land owners who did not do their required statute labor. The Overseers lived and owned properly on the stretch of road they were responsible for. Some of these Overseers were-Fredrick Best, Jacob Birdsall, Daniel Purdy, Personi Moon, Henry Fisher, William Weaver, Thomas Godwin, Andrew Dobbie, John Bwwell, 'Wm. Hatch, Snow Edison, Jacob Bentley, Casper Best, John Teal, Ephraim Mitchell, Hiram Moss, John Edison, Issac H. Sæ<ton, Obediah Ewing, rWilliam Ribble, George Franklin, William Veitch, Thomas Herdman, William Cheeseman, Andrew Ostander, William Smoke, Abnn Marr, Richa¡d Mc Curdy , John Eichenburg, and Roger Crysler to name a few. Bayham Historical Society minutes of meeting held January 8,... Page 97 of 335 POUND KEEPERS and FENCE VIEWERS job was to maintain animal control in Bayham. It was ordered that all fences be five feet high or otherwise not to be lawfull, no horses of any kind shall run at large, no bulls shall be allowed to run at large, no pigs under 60 weight shall run at large,no r¿Ims shall be allowed to run at large from the first of September to the first of October l839,that no cattle and hogs shall be allowed to run at large or they shall be liable to a fine of two shillings and sixpence a head. If any person in the Township having a field or enclosu¡e with wild mustard growing therein and neglecting or refusing to destroy it after six days notice shall be liable to a fine of five shilling to be recovered before any court having competent jurisdiction on the oath of one credible witness. Some of the pound keepers and fence viewers were Thomas Edison Jr., Thomas Favel, Caleb Cook, Andrew Dobbie, Robert Cook, Nicholas Phillips, Hartinde Denton, John Livingston, John Elliot, Robt. Firby, John Ault , Alfred Nevill, John Foster, Alex Summers, David Stewart, Joseph Graham, Joseph Pearson, R. L. Stansell, David Berdan, Thos. Hollywood, Enos Edison, Henry Edison, William Plowman, Francis Thurstin, James Archer, Samuel Howey, George Backhouse, Joseph Marshall, William Smuck, Henry Swan, JohnNelles, Isreal Stilwell, George Silverthorn, B. Tenpenny, George Procunier and more. Also in the book is mention of the covered bridge in Vienna: QUOTE: No. 25: Ordered that the hill from the covered bridge west to the top of the hill to Hiram Marr's be annexed to the division No. 20 and division No. 21 extending from the center of the bridge to the west end thereof. OUOTE: At a special meeting held at Vienna in the Township of Bayham in the London District before Justice Issach Draper and James Peel Bellairs Esquires, two of her Majesties of the Peace for the purpose of regulating the divisions of Roadsit is herrby ordered in future the Division that extended from the fifth concession to the Covered Bridge shalt in future extend to the foot of the Widow Teall's Hill. That road leading from Richmond Village to the Richmond Mill shall in the future be included in the division that runs from the Townline east one and a quarter miles. Ray Maddox thanked Clifffor this very interesting and informative subject noting that many of us are related to the residents in this book. The secretary will present the book Vienna Highlights to Cliffas soon as she receives the new ones. BUSIIVESS PORTION Bayham Historical Society minutes of meeting held January 8,... Page 98 of 335 PRESIDENTS REPORT: Ray reported that members are looking into the Black Cemetery. Ray would like a Committee formed to repair old grave stones and put up signage on cemeteries that are no longer being used, perhaps families of the intened would help with repairs, Ray has asked that members attend the next council meeting to support the Estherville Cemetery. Ray has asked for an Executive meeting to discuss the election of offrcers for 2009, a date will be set later. SECRETARIES REPORT: Cheryl Peters reported that she has completed the Application for Municipal Assistance forms and has passed them on to Dorothy Godby to complete the financial portion. The postrnistress has asked that all rural addresses have the emergency numbers included and the secretary had members add them to their postal information. The Tillsonburg Kiwanis Home and Recreation Show is coming up on March 27,28, and29ú. And if we would like to participate aganthis year our share would be $133.33 ath¡ee way split with Museums Bayham, Port Burwell Historical Society and the Bayham Historical Society. A motion to participate in the Home and Rec. Show again this year with a larger area and more exhibiting room (we were pretty cramped last year) was made by MaryNewland -2ou. By Donna Baldwin-Motion carried. Dorothy Godby will send a check into the Municipal Office by the Januarv 3lsr. Deadline. TREASURERS REPORT: Dorothy Godby reported as follows. Checking- ------$ 3097.79 Lottery Account-------------$ 128.84 MUSEUMS BAYIIAM REPORT: Ray Maddox-No report as the board of directors have not met since November and the next meeting is January l3*. Bayham Historical Society minutes of meeting held January 8,... Page 99 of 335 Petty cash- ---- $ 1.09 As of December 31,2008. Molio1to accept the Treasurers Report made by Dorothy Godby 2ou. By Bob Graham -Motion carried. Dorothy noted that our membership fees are due, $10. per person and $15. per couple. #l-Town Book - Township of Bayham lg26-lg4g donated by Donna Baldwin. #2'T}lre book Evolution of Schools from Quill to Computer (unnumbered) donated by Evelyn Mc Neil. #3-The book-\tr/hite Farnily Recorder by Viotet White Smith and the book Descendants of Gilbert Soper by Jeanetre Heil (Wilson). #4-A list of names from the Townships of Bayham, South Dorchester and Malatride, source unknovm, date unknown. Donated by Arvilla Beckett. {5-six large photos (all copies) of the Kulp family with n¿rmes listed on the back except for 5. The book Descendants of Robertus Okedon and John Edison by Rev. Clarence Roberts and the book Decedents of John Kulp also by Rev. Clarence Roberts. A motion was made by Bob Heil to accept the above five donations, 2nd. By Lynn Acre-Motion carried. PROGRAM DIRECTOR : Ross Andrews will be our speaker on Februay lZú.z})g.He will talk about the minute book of the Maple Grove Women's Christian Missionary Societv. ADVERTISING DIRECTOR: Donna Baldwin reported that our write-up was in both the Aylmer and Tillsonburg papers Bayham Historical Society minutes of meeting held January 8,... Page 100 of 335 MYSTERY OBJECT: Harris Teall brought in trvo long wooden objects about 10 inches long which Donna Baldwin corectly guessed to be antique paper clips. Arvilla Beckett brought in an object made of leather about 5" long and weighted. It is a book marker, no one was able to quess what it is. SOCIAL DIRECTOR: Mary Newland repofed that Lynn Acre and NEXT MEETING: February 12h,2009 at the Municipality of Bayham Offrce at7.30. Motion to close the meeting by Bob Gratram and 2nd. By Bill Baldwin- Motion carried DATE: Secretary President Bayham Historical Society minutes of meeting held January 8,... Page 101 of 335 Bayham Historical Society minutes of meeting held January 8,... Page 102 of 335 P LAY WOR KS Ihr. Ontario Partnership for Active Youth, PlaY rilorks c/o I Conco¡de Gate Suite 302 Toronto, ON M3C 3N6 Tel:416426-7142 Fax:416426-7371 pwplâplayworkspartnershio.ca www.olayworksoartnershio.ca Representatives 4-H Ontario A¡ts Network for Children and Youth Boys and Girls Clubs of Onørio Educational Research l¿idlaw Foundation Ontario Physical and Heal th Education Association Sport Alliance of Ont¿rio Parks and Recreation Ontario YMCA Onrario January 8,2009 Lynda Milla¡d Municipality of Bayham P.O.Box 160 I g3MPlank Road Straffordville, ON NOJ 1Y0 Dear Lynda: It is with pleasue that I am forwarding you copies of materials which Play Works has recently created in its efforts to advance support for youth play in Ontario. In light of the recent Roots of Youth Violence report, Play Works is re-affirmed in its commitment to advocate for more adolescent youth have opportunities to participate in recreation, sport, arts, drama, leadership development, volunteerism, advocacy and civic engagement within their local community. Communities that support this approach are youth friendly and I am pleased to provide you with information and resources to help your community become and remain youth friendly. Youth Friendly Communíty Recognítion Progrøm Attached is the Recipient Brochure which shows the five (5) Ontario communities which were recognised as youth friendly in2007 as the Queen's Park Ceremony in June 2008. Minister of Health Promotion, Margarett Best, hosted the event. Youth Fríendly Communíties: Good Practices 2008 From the applications received in2006 for the Youth Friendly Community Recognition Program, a series of good practice examples for the l6 Youth Friendly criteria were extracted, This document is a compendium ofthese good practices. Be RecogniT,ed as o Yoath Friendly Communþ: Small and Rural Communífies: Lessons from the Field Small and rural communities that have been recognized as Youth Friendly share examples of how they are youth friendly and how they approached the process to become recognized. These six communities are pleased to act as contact resources to other communities which may be interested in applying for recognition (contact particulars located on Play Works website). I hope you find this information of use as you strengthen your commitment to serving Ontario's adolescent population! Jennifer Cowie Bonne Chair, Play Works For more information on the Youth Friendly Community Recognition Program or on Play Works, please go to www.playworkspartnershin.ca Re Correspondence dated January 8, 2009 from Play Works regardi... Page 103 of 335 PLAY WORKS 2. Tabte of Contents t, Executive Summary lntroduction... ......9 . About Ptay Works and the focus on youth play . Youth Friendly Community Recognition Program - overview of the last two Years. Why a guide of good Practices? What is working? - sharing youth friendly practices . . ' ' '74 o Youth have options for play o Youth are formatly connected to the community. Facilities are dedicated to youth ptay o lt is.easV foryouth to find out information about ptay activities in the communitY. The community supports pubtic youth events . The community celebrates and recognizes youth . The community commits funding for youth play a o a The community supports positive youth development The community supports youth volunteerism and leadership development The community has models of effective community partnerships Youth activism and advocacy for ptay is nurtured Youth feel comfortable in their own community Youth can get to the ptay programs that are offered . Schools support the youth friendty approach . Adults champion the cause foryouth play o PlaV is accessible to youth with disabilities A Final Note , ..34 Addendum ....35 . zoo6 Criteria: Youth Friendly Community Recognition Program ...35 . zoo6 Youth Friendly Community Applicants . . . .37 Bibliography .. .. ...38 a a 4. 5. 5Gooo PRRcrlcrs or YourH FRtenolv Co¡¡tvtuNlrlES Correspondence dated January 8, 2009 from Play Works regardi... Page 104 of 335 Executive Sum mary nhåJ*^ woR Ks What do we mean by PLAY? Play is any non-school activity that has elements of choice, leads to satisfaction, and encourages progressive learning and enjoyment. Activities can include, but are not Iimited to, recreation, sport, leisure, arts, drama, dance, civic engage- ment, youth activism, volunteerism, social clubs and youth leadership. he next time you are out and about in your community, take a good look around. Do you see youth around? What are they doing? Do you get a sense that this is an environment that welcomes and values the ideas and input of youth? ln too many communities across Ontario, young people have few places to gather and few opportunities to access, participate in, and lead activities that foster their development or engage them as valuable citizens. Often, we only hear negative stories about youth - crime, unemployment, substance abuse, vandalism, poor academic perform- ance, etc. While communities may be undergoing planning processes and investing significant resources in their efforts to buitd a prosperous future - youth are frequentty left out of the picture. And yet, in many ways, young people are the very key to a community's future success. Every community depends upon and benefits from engaged citizens, dedicated workers, tireless volunteers and passionate community leaders. The question is - why are we not making the connection between today's youth and those very citízens, workers, volunteers and community leaders we need for tomor¡,ow? Since zoo3, Play Works has been concerned about the future of Ontario's youth (ages r3 to rB years). Making the critical connection between the opportunities that communities provide today's youth and our collective future, Play Works is a group of not-for-profit organizations. These organizations - representíng the areas of sport, physical activity, civic engagement, arts and culture, ruraI youth and recreation - have joined forces to contribute and to advance local and provincial agendas that support Ontario's young people. Play Works recognizes the importance and potential of play in the lives of youth and aims to support communities to create environments that support youth growth and development through ptay. ln addition to schooI and family, play is an important part of a young person's life. Although often viewed as "childish" or not having any productive purpose, play provides young people with unique opportuni- ties to develop their identities, make friends, explore interests, take on leadership roles and strengthen their connection with community. For example, for youth who face challenges in academic environments, 6 YourH FRreruorv Co¡nnnu¡¡rrEs - GooD PRRcrcrs AT PLAy zooS Correspondence dated January 8, 2009 from Play Works regardi... Page 105 of 335 PLAY WORKS havinganothersocialsettingoroutletwheretheycanlearnimportant tife skitts and experience success helps them buitd resiliency and positive self-esteem. Through ptay, young peopte are altowed to make their own choices, test their skitt, try something new and develop a stronger sense of setf. Ptayactivitiesforyoungpeoplelookandtakeonmanyformssuchas writing and performing a play, organizing a three-on-three basketba[l tournament, going on an overnight canoe trip or joining a youth council' How ptay activities are offered can range from youth-led or youth-driven activities to activities offered through youth-serving organizations or groups. Cn¡TEn¡lronYournFnI¡¡¡ol-YConnmulirYR¡coeHlrloNPRoGRAM r) Youth have oPtions for PlaY. z) Youth are forma[ly connected to the community' 3) Facitities are dedicated to youth play' ¿) lt is easy for youth to find out information about play activities in the communitY. S) The community supports public youth events' 6) The community celebrates and recognizes youth' Z) The community commits funding for youth ptay' 8) The community supports positive youth development' q) The community supports youth volunteerism and leadership development. ro) The community has models of effective community partnerships' rr) Youth activism and advocacy for ptay is nurtured' rz) Youth feel comfortable in their own community' r3) Youth can get to the ptay programs that are offered' r¿) Schoots support the youth friendly approach' rS) Adults champion the cause for youth ptay' 16) Ptay is accessibte to youth with disabitities' Sincezoo5,PlayWorkshasinvitedcommunities(e.g'municipalities, neighbourhoods, First Nations communities) to take part in the Youth Friendty Community Recognition Program' The program recognizes communities across Ontario that create and foster youth friendly environments as demonstrated by their activities, investments, policies YOUTN FNITruDLY COMMUNITIES _ GOOO PRRCTICTS AT PLAY 2OO8 7 Correspondence dated January 8, 2009 from Play Works regardi... Page 106 of 335 P LAY WOR KS B and pract¡ces around youth play. ln zoo6 (the second year of the program), community applicants were required to meet a minimum of ten criteria out of a total of sixteen criteria. ln zoo6, fourteen communities received recognition as youth friendty communities. Theír successes, along with the successes of other applicants, are highlighted in this report: Youth Friendly Communities - Good Practices at Ptay August zoo8. lt is important to note that a[[ applicant communities, regardless of geographic size, m unici pal bud gets, poputatíon size, etc., demonstrated a desire to do more foryoung people in their communi- ties and to foster a better understanding of the valuable contributions that young people make in their commu- nities and to díversifu approaches in working and engaging with youth. The Youth Friendly Communities - Good Practices at Play August zoo8, provides detailed examples and descriptions of how communities across Ontario work to foster youth friendly communities. Some of the examples described in this report are fairly convention- al while other approaches are very creative and innovative and we hope this wilt motivate future applicants and participants to support the YFC initiatíve. Uttimately, att of the examples and stories provided below illustrate what can be achieved when communities and their leaders, organízations and citizens ioin forces and make a commitment in working towards a youth friendly community. YourH FRtrruolv Co¡¡nnurulnES - GooD PRRctlces AT PLAY 2oo8 Correspondence dated January 8, 2009 from Play Works regardi... Page 107 of 335 About Play Works and the focus on youth "play" ormed in zoo3, Ptay Works is a group of not-for-profìt organizations concerned about the future of Ontario's youth (adolescents aged r3 to r8 years). These organizations - representing the areas of sport, physicaI activity, civic engagement, arts and culture, rural youth and recreation - have joined forces to contribute to and advance [oca[ and provincial agendas that suppoft Ontario's young people. Play Works recognizes the importance and potentialof play in the lives of youth and aims to support communities to create environments that support youth growth and development through ptay. A[[ too often what we read and hear about Ontario's youth bears a negative tone and is focused on problems. There is great emphasis on youth unemployment, school drop-out, poor physical health, political apathy and anti-social behaviors. Why then is Play Works focused on play? After all, are there not other more pressing needs and issues facing adolescents? We often assume that play is merely about "fun and games" and we . associate ptay with children's activities. However, the reality is that "play" remains essential throughout the adolescent years. As in child- hood, play continues to teach valuable lessons about getting along with others, takíng risks, setting personalgoals and trying out new roles which are allvaluable and important skills needed in later [ife. Adolescent play takes on many different forms whether they are youth- led, unstructured play activities (e.9. getting friends together to try out a home-made skate-board ramp made from scrap wood, forming a cooking club etc.) or more organized, structured play activities (e.g. joining a Youth Advisory Council or being paft of a high school musical production). Unfortunately, most forms of adolescent play are on the decline. Youth today spend more time doing homework and engaging in solitary screen- time activities ("screen-time" includes watching television, playing video/computer games and using the internet). ln addition, increased parental concerns about personaI and community safety, shrinking program budgets for recreation programs and _a heightened sense of tiability concerns by municipalities and youth-sbrving agencies/groups means that youth have little time or opportunity to engage in ptay. What do we mean by PLAY? Play is any non-school activity that has elements of choice, leads to satísfaction, and encourages progressive Iearning and enjoyment. Activities can include, but are not Iimited to, recreation, sport, leisure, arts, drama, dance, civic engage- ment, youth activism, volunteerism, social clubs and youth leadership. 9YourH FnreuDLy CoMMUNTTES - Gooo PRncrcrs AT PLAy 2oo8 Correspondence dated January 8, 2009 from Play Works regardi... Page 108 of 335 FLAY WIJT(I15 Þdk4 td h& ydâ "Not only are Canadion youth not beÌng given opportunities to participate ìn fun, challenging and developmentally appropriate programs, they are missing crìtical opportunities to learn the skills required to become productive and community- . oriented democratic cìtizens. This is not only detrimental to an individual's develop- ment, but for society os a whole." - Sarah Mayes & Nícole Smith, RecreatÌon and Citizenship: A Review of Research Trends, Gaps and Future DirectÌons - A Discussion Paper prepared for the Laidlaw Foundation. Canadian lnstitute of Child Health, zooz Nonetheless, current research continues to substantiate the impor- tance of the pre-adolescent and adolescent years as critical periods of physica[, social, emotional, moral and cognitive development. second only to the early chitdhood years (birth to age six) adolescence is a time of sígníficant brain development during the human lifespan. lf given the right type of stimulation and posítive experiences, remarkable changes take place wíthin the physical structure of the human brain during the adolescent period - changes that altow us to develop and fine-tune skills such as planning and organizing, assessing and managing risks, interact- ing in socialsituations and regulating emotions. Altof these skitts are an integral part of future success in an adult world. Despite the scientific evidence, servíce providers at the community- leveI or at various levels of government (tocat/regional, provincial and federaD too often remaín ignorant of the importance of the adolescent play and healthy development. ln communities across ontario, there are incídences where basketball nets are removed from school playgrounds to deteryouth from playing on evenings and weekends, where ,no loiter- íng' by-laws are aimed at youth, where by-laws against street hockey are passed, and where a reduction of service hours in local libraries or recreation centers are implemented as cost-saving measures. Program - overv¡ew of the last two years The Youth Friendly community Recognition program was launched in 2oo5 as one of the key ínitiatives of play works to search for and recognize ontario communities that are youth friendty. ln its first year, nineteen communities from across ontario submitted applications to this landmark recognition program - each of them submitting support- ing documentation to make the case for why they shoutd be recognized as beíng youth-friendly. ln 2oo5, nine communities receíved fu[[ recognition by meeting a minimum of nine out of fifteen criteria. ln zoo6, the Youth Friendty community Recognition program was launched for its second year. The program goats remained the same as for the previous year - which were to identífy and recognize youth- friendly communities and encourage more communities across the province to become more youth friendty. However, for the second year of the program the apptication and evaluation process was altered 10 Yourn FRrrruorv conn¡¡ururrES - GooD pnRcncrs nr pmy zoog Correspondence dated January 8, 2009 from Play Works regardi... Page 109 of 335 slightty dividing the apptication process into two stages. lnterested communities submitted a brief application/letter of intent and after an initial review by Play works most communities were invited to submit a full application for review. of the twenty-two communities that submit- ted applications, fourteen communities received recognítion as youth friendly communities. For the zoo6 recognition program an additional criterion was added to the originalfifteen, which addressed factors of accessibility for youth with disabilities. All communities were required to meet a minimum of ten out of the sixteen criteria in order to receive recognition. RKS "Adalescents are the most under-funded, under-serviced sector of the population." - Karen Minden, New Science, New Strategies: Helping Canadian Teens Adulthood,2ao4. "Changing the way we thìnk about desÌgn and delivery of progroms can go a long way to achieving [youth] development beyond problem prevention...and [youth development] can be ochieved ín every park and recre- ation department ocross North Americo." - Peter Witt, What is this Thing Calted Youth Development, 2oo1 Yourn FRr¡l'¡or-v connnnururrrrs - Gooo pRacrcrs AT pLAy zoog 77 Correspondence dated January 8, 2009 from Play Works regardi... Page 110 of 335 Why a guide of good practices? simílar to 2oo5, successfur and innovative practices were foundrn many communities regardless of geographical size, population, etc. Smaller communities and northern communities demonstrated stellar examples of adults championing the importance of youth play and creative solutions to transportation challenges. Urban communities had excellent examples of responding to the needs of diverse youth and fostering youth advocacy. The research methodology used in the preparation of this resource inctuded review of application materials/evaluation notes, telephone interviews, on-síte meet- ings/ ínterviews and site visits with approx_ imately twenty communíties involved in therecognition program. rn many cases, communíty partners and rocaryouth participated in the interviews and site vísits and were abre toshare theír own perspectíves on their community,s sL¡ccesses. Most ofthe interviews focused on the community's unique journey to becomingyouth-friendly, the factors related to the .,hows,, and ,,whys,, behindtheir successes, challenges faced, and future eflorts aimed at makingtheir community even more youth friendty. 72 YourH FRr¡r.ror-v counnururr¡s - Gooo pRRCrrces Rr pmy zoog Correspondence dated January 8, 2009 from Play Works regardi... Page 111 of 335 Page 112 of 335 Ontario AgriCentre, Suite 106, ONTARIO FARM ANIMAL COUNCIT Peter Hume, President Association of Municipalities of Ontario (AMO) 200 Univers¡ty Ave., Suite 801 Toronto, Ontario M5H 3C6 January 20,2009 Dear Mr. Hume, rlct 3n We are writing to you and your colleagues to discuss consumer food choices in Ontario. The Ontario Farm Animal Council (OFAC) represents the 40,000 livestock and poultry farmers and associated businesses in Ontario. We are a non-profit education group dedicated to providing the farmers' answers to the public's questions about food and farming. It has come to our attention that there is an orchestrated campaign being conducted by a potitically motivated U.S. based animal rights group to get some Canadian municipalities to pass resolutions on egg choices. Many municipalities have chosen not to respond, a few have passed resolutions, and some may consider this type of resolution regarding eggs or other foods in the future. With that in mind, here are a few points we think that you and your colleagues might find helpful. . Farm animal housing is a complex topic. Farmers have invested hundreds of thousands of dollars into research to help measure what is truly best for hens. According to the Campbell Centre for the Study of Animal Welfare, University of Guelph, "... the answer to improving laying hen welfare is by no means as stmple as freeing hens from cages.". Consumer demand for specialty eggs is small. In Canadian grocery stores with many well-labeled egg choices, four percent (4%) of eggs purchased were free- run, free-range, organic and liquid in 2008. (Nielson, Nov.2008) Correspondence dated January 20, 2009 from Ontario Farm Anim... Page 113 of 335 A LETTER FROM CAI{ADIAII FAßMERS FARMING .THE BIG PICTUBE. lhe [conomia of tsrm Size. Regionol Roundup. Pop Quiz EI{SURII.IG SAFE FOOD STAßTS llHTHE FAßM. Whot ftemicol Pericides ond Animol Heolth Products Do And Don,t Do. Whot you need to know obout fie úings thd concern us the mot Moking tood Sofefi o Routine torm ftore Lett lolk 0rgonic Animsl (ore: Bosic Principles A Quick Tour of Form Animol Reol tstote. FAfi M Tfi S: TFI T A*Ti Tj E EIiI¡I RONM [I,¡TAL¡STS Animol Ägriculture ond our Environment. Brove New $/orld or o Better One? Ihe Role of Science in Producing ()ur Food Whol is Biolechnology? Whol is Genelic [ngineering?. IN CLOSING 2 2 4 5 6 6 l0 t2 l3 r5 l5 17 28 23 30 30 30 30 32 WITH TIIAI{KS.lnside Bock Cover Correspondence dated January 20, 2009 from Ontario Farm Anim... Page 114 of 335 O*, &o"b", We hope you've hod lhe opportunity lo visil o locolfstr, farmers' morkeß, roodside sland, or pkk- your-own' form recenily. These ore omong lhe toolew opporlunities we hove la meel foce lo foce. Ilsuolly lhere's o uowd of people hetween us-food processlrst dßtrihutorc, supermorkel mlnlgers and reslouraleurs, lo nome o few. ft's nol eosy lo gel ocquainted. h seems incredihle thol o century lgot over hotf of funodo\ populalíon were fsrmers. Todoy its down to two percenl. lusl os remorkohle ß lhe leop in our productivily: where our grondporenß or greol . grondjarents could produce enough food for l0 people, today's forner cøn feed 120. Produclivity has iumped by 300 per cent since the 1950's. tontinuol innovotion, speciolizolion and persislence hove brought us light yeors øheod in lhe produclion of top quølity, obundonÍ, sofe ond well-prked products of whkh we're proud. But th.ß 'demogrophk sh¡ft høs put no smoll dislonce helween us, the enlrepreneurs who grow our food snd the people who eol il. As our mosl inporlonl customers, your needs, rcncerns and preferences lre very importoil Io us. ln lhese poges, we hope lo onswer some of lhe clmmon queslions we heor in lhe news, deor up _ misconciplions, and generolly give you some ínsighl inlo whol's up, down on lhe 2lsf cenlury form ín Cønodo todoy. We'd like you to know more obout us ønd our woy of life. Despite øllthe technology in the world, it\ still hord work snd no one knows heller lhan us thst lvlolher Noture con be o tough boss. Foç no møÍter whul we do to csre for our onimøls ond our crops, she! ultimotely responsihle for lhe weolher ond for lhe health of the livestock ønd producß lhal we roise. But, ot the end of the day, even if we ore comhining our fields in the middle of the night to get our crops in or missing ø fomiþ dinner hecause we're helping o cow give birlh, we fsrm hecøuse we choose to. We're committed to this woy of life und most of us wouldn't lrøde il for onything. If we haven't answered your queslions or you'd like more informolion, please conlsct the groups lßted at the end of the hook. fhonk you for toking the time to find oul oboul us ond how your food ß produced, and thonk you for huying our products. We lruly øppreciore il. Correspondence dated January 20, 2009 from Ontario Farm Anim... Page 115 of 335 Page 116 of 335 oÊ ONTAR¡O PAFKS ASSOCIATION Prcrccl¡ng fomofiow Todaf OMARIO RECREATION FACILMES ASSOCIATION INC ) To: All Leaders in Recreation and Parks, We are excited to once again be planning to celebrate the month of June as Recreation and Parks Month. Since 2005, June has been proclaimed as Recreation and Parks Month helping children, families, organizations, and communities across Ontario and Canada celebrate the wonderful benefits that parks and recreation provide. Promoting the benefits of parks and recreation allows us to profile many of the important and valued services, programs and events we provide across the provrnce. 'We are thrilled to announce that the Heart and Stroke Foundation of Ontario has become a new Partner Organization of the JRPM initiative. The Foundation has vital health information and resources that can help your organizations/agencies and allow Ontarians to lead longer, healthier lives. This year, along with the June is Recreation and Parks Month Insert, the four Partner Organizations created a new 2009 JRPM Calendar (enclosed). The Calendar highlights activities, ideas and tips to get your communities active everyday in June. You can also place your own programs and events into the new calendar template provided online to everyone in your community leading up to June. Visit our website to download the toolkit, template, and other resources www.recandparksmonth.ca. This June, make it a "Recreation and Parks Month"! Join the growing number of Ambassadors who recognize and celebrate the value of recreation and parks within their community. Get active, get healthy, and "Live it Everyday!" Sincerely, HEART& STROKE fot tDâtrox Ot O¡lAllO Flqangqçvæfanþ -\ D Darlene Joslin Chair, Ontario JRPM Steering Committee www. reaa n à p a rkø m o nth. a a Correspondence received January 29, 2009 from Ontario JRPM S... Page 117 of 335 Page 118 of 335 I I O O M S C -------lùte MSCf/oíee: Servíng lhe Commvnily Srnce 1978 Multi-service Cenlre (MSC) (in The Livingston Centre) 9ó Tillson Avenue, Tillsonburg ON N4G 3Al w ww.th elívin asi o nc e nir e. c o m -:-¡ ,,t'j -t L,(519)-842-9000 Mission.. A communily orgonizolion comrnilled Io suppoiing personol independence Ihrough: innovoìive & responsive resources,' portnerships & colloborolion: slriving for excellence Edilor: M. Vondenberqhe A few words from our Executive Director ... Hoppy 30tt' birlhdoy MSC! ln our ogency, this onniversory hos prompled o lot of refleclion obout the possoge of lime ond whqt chonge reolly meons' Whol wqs the world like in 1978? Locollv, the Strond Theotre wos still locqted downtown (ocross from the presenl doy Rogers Video), the Post Office ond Conqdo Employment Centre occupied o lorge building on the cunent moll site, tobocco wos the king of ogricullurol crops ond holf of the building we now cqll The Lìvingslon Centre wos on elemenlory school. The MSC enfered thot world, o world with no job plocement or literocy progroms, ond few locol services for seniors, in July of thot yeor. At lhe notionol level, the Montreol Conodiens won the Stonley Cup (ogoin!), Piene Trudeou wos Prime Minister, Bill Dovis wos Premier qnd Rene Levesque wos his counlerport in Quebec. The Supreme Court of Conodo declored one longuoge legislolures unconslitutionol. Olher legislotion declqred homosexuqls could no longer be clossified os inqdmissible immigronts. The CBC wos the firsf broodcqster in the world to use qn orbiting sotellite. lnflotion wos o big problem, qs it wos for our neighbour fo the south. However$100 then boughtwhot $304.52 does lodoy ond Normon Cofik, Minister of Stote for Multiculturolism, in on April oddress to the Empire Club, cited doto from Eorl Mcloughlin (then presidenl of lhe Royol Bonk) when he noted thol personol incomes in Conodo hod risen 38% (compored lo I7% in the U.S.) over the previous seven yeors, in on ottempt to demonstrote thot the trends of mulliculturolism & inflotion demonsiroted o potlern of evolutionory growth in Conodo (olbeit with pressures). Alice Munro wos nominoted for q Booker prize for'Who Do You Think You Are'. Cqnodo hosied iÌs first mojor rock festivql, Cqnodq Jom, with heqdliners the Doobie Brolhers, Konsos ond Dove Moson. Don ("Sometimes When We Touch") Hill ond Rush won Junos (besl mole vocolist ond best group respectively). Nelly Furtodo wqs born. Jimmy Corter wos president in the U.S. Escoloting oil prices, inflotion (12.4%in 1978), high interest (which peoked o121.%in 1 980) & unemployment rqtes (7 .1%1, bedeviled his presidency. Clevelond becqme the first mojor Americ.on cify to go into defoult since the Greot Depression. While Horvey Milk, the first openly goy mon to be elected to public office in the U.S. wos ossqssinoted olong with Moyor George Moscone in Son Frqncisco. qn inifiotive thot would hove prohibited goy teochers in Colifornio wqs defeoted. Also in Son Froncisco, the fìrst "Toke Bock the Night" rolly (ogoinst rope ond violence ogoinst women) occuned ond Dionne Feinstein become Colifornio's first femole moyor (ofter Moscone's deoth). Senote proceedings were rodio broodcost for the fírst lime ond the initiol computer Cont'd on bock poge This newsletter is the MSC's 30th anniversary grand-finale communication to our clients, staff, patrons, supporters, partners and colleagues. 2008 was a celebration in honour of the many residents in this community who made the MSC possible. These visionaries understood the signifìcance of caring for ones own. This historical stretch of time recognizes the many MSC services delivered to a community of young and old who both receive and volunteer. Now entering my th year as Executive Director, I have experienced only a small fraction of the 30 years, yet this 9-year piece of me is etched with my own history paralleling that of the MSC. Two of my 3 children manied and 3 more of my 4 grandchildren entered the world in that period. I have witnessed the birth of new programs and services such as Foot Care, Home At Last, ALCom and enhancements to our Employment Services, ABL and helped the MSC bid farewellto Personal Counselling. The MSC has changed me forever, for it is this agency, this town, and the people within this community that have helped transform me into a better person. I have never in my life met so many great people in one place. There is a quiet and humble determination that envelopes this community. I thank all those who work side by side with me. I thank the Board of Directors and bid a sad farewell to Ray Johnston and Frank Welsh, our most senior Board members who have left the Board of Directors after having been a part of many significant changes and growth, And there is still at least another 30 years of work ahead, for the job is never done. The community is constantly evolving and reminding the MSC that we must and will evolve with the communi$ in the provision of much needed services and programs. Mulli-Service Centre Newsletter: Foll/Winter 2008/09 "Someone You Know Moy Need Us" Marlene Pink Newsletter received January 16, 2009 from Tillsonburg Distri... Page 119 of 335 From lhe Tillsonburg News, Oct. 17, 1983 - on exomple of the topicol cortoons thot hove feotured MSC progroms over the yeors. (Our stoff feel like the fellow in this cortoon sometimes!) Adult Bosic LiterocY (ABL) Tulor Troinlng All tulors, prior to being motched with o student, porticipote in mondotory orienlotion & troining. The use of cose scenorios, using fictionol studenl exomples, helps illustrote thot students come to the progrom os whole people with mony strenglhs ond needs. This opprooch olso helps to define roles & responsibililies between volunteers ond progrom stoff. Ongoing lmprovemenls ABL stoff will be looking into the voriobles thot help to retoin students in the progrom. This type of ongoing informotion gothering ossists stoff in providing meoningful supports' EmPloYmenl Progroms & ent Fifth Annuol Coreer Foir in lhe Livingslon CenTre: Ocl' 2, 2008 The show wos, once ogoin, well ottended 'the Hiring Room wos especiolly busy. Stoy Ìuned to www'tillsonburqcreeers'co for news on next yeor's foir. The Employmenl Resource Centre provides o wide ronge of tools ond resources os well os being o gofewoy to oll of our employment counsellors ond consultonts. Youlh Emplo Besides prov lling ond occess 1o troining ince ts to o vorietY of workshops o most recent exomples include lhe "Young Worker Heolth & Sofety Aworeness Progrom" ond emergency supplies stored in the "Shoring Cupboord". Adult Employnient Economic Downturn = busy stoff (soon to hiie more)! Weekly "Storting Point" sessions ond progroms like 2nd Coreer ond Onlorio Skills Development ore just some of ihe tools thot consultonts hove to offer clients offected by the economy' Home SuPPorl News 978, ful AL) progromst ettled of home ofter o í-rosþitotor ALCOM helPs seniors remoin in t covers oll costs for both progroms. Thonks to the hospitol ond CCAC for their support. The next Accreditotion Conodo survey visit, using the new 'trocer method' is scheduled for October 2009' Some Slols from 2007/08: ABt: 187 students; ó,92ó troining hours Adult Employmenl: 737 new clienls; 522 oction plons Youth Employmenl: 157 new clients; 80 plocements; 83% success rote; I I opprenticeship troining plocements Summer Jobs Service: 190 Plocements Resource Ateo:20,477 visits; ,ì0,5ó9 refenols to other services Personol Support/Homemoking: 32,562.5 hours of service Tronsportolio n: 2,093 drives; I 54 clients Meol on Wheels: 7,999 meols; 137 clients Assisled Living: 5,889 hours of service; I I clients Fool Core: 1,597 sessions; 325 clients Volunleers: 244 volunteers provided 14,404.5 hours of service Troining Iidbits Job Connecl: stoff ore certified in Applied Suicide lntervention Communicolions: lhe Coordinotor ottended sessions devoted Multi-Service Centre Newsletter: Foll/Winter 2008/09 "someone You Know Moy Need Us" Home Support:AllCommunity Workers providing lhe new HAL & ALCom services hove token the customized troining progrom offered by the MSC for the new progroms Community Engogemenl Heollh & SofetY We hove leorned o lot from lhe "doycore kids"' They know how to do o fire drill! Proctice building evocuotion is o regulor feoture of life in this building - kudos to the kids & the doycore stoff for showing us how it's done! a ? o¡d You Know to lhe Qmentum Accrediotion process in Sept'/08 Newsletter received January 16, 2009 from Tillsonburg Distri... Page 120 of 335 Volunleer Opporlunities lo Consider ol lhe MSC . Adulf Bosic Literocy Tutors, ext.266 . Meols on Wheels Drivers ond Helpers, ext.357 . Tronsoortotion Drivers, ext. 357 . Foot Core Assislonts, ext.359 . Boord of Director Members, ext.30ó . Fundroising: commiltee ond evenl tosks, ext.270 Orientotion, workshop opportunities & supporl provided. Losl yeor (April 2007-Morch 2008), 244 MSC volunteers contributed 14,404.5 hours of service. PTEASE CONS¡DER VOLUNIEERING. ln tough economic times, community volunteering provides o double reword - o voluoble service to the recipient AND the joy of o posilive, meoningful contribution on the port of lhe giver. Money con't buy thot. The Adult Bosic lilerocy progrom olwoys hos o story. Recently, o (mole) student shored o chollenge he hod recently experienced while following o recipe. The words 'dosh' ond 'combine'were o pvule fo this mon who hos o lot of ogriculturol work in his bockground. All he could think of wos 'cor dosh' ond combine (horvester). He hod to chuckle ot himself when he finolly figured out the 'problem'. The English longuoge is tricÇ thot woy. ln ony cose, o mon wifh o sense of humour, who cooks os well, is o winner in ony longuoge! On o more serious note, kudos to Lynn Surgeoner (ABt) & her fqmily for volunteering to host o child, from the Chernobyl oreo, for 7 weeks this post Summer. lt's hord to believe thot ihe ,l98ó nucleor occident is still ploying hovoc wilh everydoy life. Lynn ond her fomily were prompted to provide this service ofter reoding on orticle in the Woodstock Senfinel Review profiling o group in Woterloo ossocioted with the Conodion Children of ChernobYl. WorkPloce lnitiolives The MSC is blessed to hove mony INDIVIDUAL volunteers. We ore olso gifted with mony CORPORATE ones . Thonk you to oll of our volunteers who either volunteer os business feoms (for exomple, delivering Meols on Wheels) or encouroge their workploce to support the MSC with corporote donotions. Volunleer Recognilíon Since 2005, the MSC hos been nominoting volunteers for the Onlorio Volunleer Service Awords. Only ó volunteers moy be nominoted from one orgonizotion per yeor & they must hove provided of leost 5 yeors of service. Congrolulolions to Helen Dougherty (MOWs l5 yeors), Horry & Jessie Tribe (MOWs 13 yeors), Morion Smith (MOWs & PR '12 yeors), Doreen Bozo (ABL l3 yeors) ond Rosemory Smith (ABL) l0 yeors for receiving this honour in 2008. Priv ces ffi Fun(d) Sfuff ll's Not All Gloom & Doom! Job Connect is promoting o new School'lo'Work Aword oimed ot providing finonciol ossistonce to groduoting Work lnternship Progrom porticiponls who qre complefing their Grode l2 ond entering the workforce. Coll Suson De Roo, ext.283 for info. Penny Esseltine, owner of Rose CoTtoge Books, colled one doy to soy she wonled to donote the proceeds from the sqle of environmentolly friendly book bogs to our Adult Bosic Literocy progrom. Thonk you Penny, ond so mony like her, who over our 30 yeors hove 'found o woy" to support our progroms. MSC Boord members: Fronk Welsh, Fron Bell, Helen Lomos-Pqrker, Choir Vol Foerster, Suson Howe, Morion Muth ond Jqne Esselline (obsent: Albert Knob). Like oll our boord members over the yeors they've done lheir shore of fundroising! Fronk hos just reslgned ofter 30 yeors with the MSC - we will miss him!! Multi-Service Centre Newslelter: Foll/Winter 2OOB I 09 "Someone You Know Moy Need Us" Fundroising Aclivilies By lote 2008, oll indicqtors suggest we ore heoded for some tough fimes - touþh for our lorge bose of supporters, our fellow service providers ond for mony of our friends, neighbours ond especiolly, clients. As we enter our fundroising seoson qll we con soy is THANK YOU for post support ond WE UNDERSTAND if you hove to cul bock. However, if you con support ony of the initiqtives noted below, remember oll proceeds supporl citizens of your community: Food & Force for Adult Bosic literocy: Feb. 21 , 2009. A night of comedy, food, prizes ond fun ot the Tillsonburg Community Centre Complex. Cøll 519-842-9008, ext 30ó (Koren) for tickets or emoil mvondenberghe@ocl.net for informotion. Tickets ore $35.00. Consider orgonizing o toble - it's even more fun! Mokes o gteot gitt! Donor Compoign for Adult Bosic lilerocy: collv2TO (Moureen) Home ls Where lhe Heorl ls Compoign for Home Supporl: collx2TO Speciol Doys ond Monlhs in 2009 Jonuory 27: Fomily Literocy Doy Mo¡ch27-29: Home & Rec Show (visit the MSC boothl) April l9-25: Nofionol Volunteer Week (The Livingslon Centre Volunleer BBQ is tentotively scheduled lor lhe 241h. MSC Volunteer Recognition is in Moy) June: Seniors Month; MSC Annuol Meeling & Donor/Employee Recognition September 8: lnternotionol Literocy Doy Oclober: Community Support Services Monlh November l5: Philonthropy Doy Deccember Stt': lnternotionol Volunteer Doy December 22: Olympic Torch Reloy come to Tillsonburg! MSC sloff do presenlolions, coll exl.27O lo orronge! Newsletter received January 16, 2009 from Tillsonburg Distri... Page 121 of 335 (cont'd from poge 'l ): bulletin boord system wqs lounched in òfricogo. VW opened the first non-Americon oulo mqnuìácturing plont in the U.S. Ex-first lody Betty Ford entered o rehobilitotion èlin¡c. fV shows receiving the highest rolings were: Loverne & Shirley, Three's Compony, Mork & Mindy ond Hoppy Doys. The Bee Gees ond disco ruled the song chorls' even tholgh the lop selling olbums were from Steely Don ond Gerry egff;dy. Providing bãlonce lo the musicql universe' the Sex Þistots t'oured tne U.S. for their firsl ond only time' Movies os voried qs the Deer Hunter, Midnight Express, Greqse' Holloween ond Supermon ruled the box office. lnlernolionqlly, the obsessions of Jim Jones - nurtured in the internotionol wires it wos often in Chinq lifTed o bon on Shokespeore, ond Dickens while Deng Xãoping initioted the first sleps in o morch toword economic reform thot we still see todoy. Regulor rodio broodcosts storted from the British Porlioment. Also in the U'K" the world's first test lube boby wos born. The widespreod use of videos wos not yei the norm ond DVDs were unheord of' Whotdoesollofthismeonfortodoy?Like30yeqrsogo'weore once ogoin experiencing economic upheovol' There ore differenLes _while unemployment is once ogoin on on upswlng, ó¡cãlntlotion ond interest r'ãtes ore not oÌ the levels lhey were in the 70's. We never reolly step in the some river twice' Perhops, more importonlly, some of the most profound chonges over ti"re post 30 yeors ore those linked to demogrophics' The åfronging role of women is demonstroted in this remorkqble stotisia: iïhe porticipotion in lhe workforce of women oged 55- 59 increqsed irom 8% to 62% between l976Io 200ó" (Stots Conodo). Age olso motlers: lhe peok yeor of the boby Þoom wos l95l - tñey would hove been 2l in 1978' Those "middle children''orenowsl.Forofoscinotinglookothowthischonges everything you moy wish to reod Judy Steed's series "Boomer Tsunomi",-locoted of www'thestor'com/qlkinson2008' And' qs Mr' ıåtik tugg.tted, multìculturolism hos chonged Conodq in wqys we see oll oround us. Besides demogrophics, one of our (wonderful) summer studenÌs .. initiqted on ongoing diologue in the MSC obout whot "coptures" on ero when she osked "who's Stephen Truscott?" The mony boomers in our stoffing complement noted the long morch toworo increosed ,,rigits", which swirled oround women, people of colour, goys ond others long on the morgins' ln mony wqys our in.t"ot"Oäppreciotion of eldér obuse is o noÌurol outcroppìng ot tnis evotuiion. while some moy soy lhot responsibilities took o bock seot to rights in this discussion' it is worth noling thol one without the other probobly diminishes both' The cell phone wos offered os the hollmork of the time in which we now live by younger sfoff' At first this seems lo triviolize our ero - how con on. .otfote sfudenTs escorted to school by federol Morsholls (in the U.S.i, ond the increosed open porticipotion of *órnun, gäys,lhe disobled, etc' in oll sectors of life with o .ontr."ì product? When one reploces "cell phone" wilh ;tecnnotogy" one's perspective chonges o bit' Locolly' the use of digiiól imoging technology hos mode the tronsfer of necessory tests (ond thus the level of core) much improved' ÁLL.tt tó rrisnty speciolized core in smoller t"TT:1Ï:1li: been odvonced through fhe telemedicine proiect' Other things lr,ot.orn" to mind inclÙde improved inventory syslems, ATMS 1*ho rt.t troveller's cheques onymore?,)' stotisticol reporling ond poyroll processes' All of these tosks hove been profoundly oltered in the lost 30 yeors of the MSC ond elsewhere' One of tfre torgert growTh inOuJrLs hordly existed 10 yeors ogo - lhot of äiıiiãiitt"tã.tive soming. Æworrchop wos held in London' oN reËåntfv to promote This ioct. on Nov' 2ó108' CBC Rodio ;;ú¿ã thot holr or now disitol' pä"iol"ò furlher illus ' lt is difficult for vor"é"ir,¡sc stoffer r coworkers mode ogencY flYers using lelrose Tillsonburg (for e.g', Theotre Tillsonburg & the mony reslouronts) onO ConóOo (foie.g., Feist, ATom Egoyon' TV shows like "The Border'')qreformorecomplexthontheywere30yeorso9o. ln mony woys the gritliness of the ero 30 yeors ogo combines *il ori preient .rllrtt in the person of Borock Obomq - o mqn wÁo useO "chonge" os his one word slogon' Due to the enormous publicity sunounding his rise to the U'S' presidency we-- ãiir""* r.rii story: childhood in-indonesio' odolescence in Howoii ånã i v"o" ot Occidentol College in L'4" followed bv 2 yeors ot Colum'bio (from where he groduoled in 1983)' Work os q *r¡ter/rereàrcher for Z yeois in New York' Then' from June 1985 to Mqy 1988. oT onlY 24' Chicogo. This Position os Director of the chu Project (DCP) on the south side ot t the rise of mony community orgonizotions' Under his leodership irrã ,toffl gr"* fiom I to ts þeoþte with o budget thol exponded ir."r lioóoo to $400,000. Job tioining' tutoring ond tenont rights *àr" ro.. of the first services offered' The DCP continues to otter troining ond other services to the communily it seryes' Obqmq left the DCP for Horvord Low School in 1988' groduoting in l99l . While ot Horvqrd he wos volunteer editor of the Horvqrd Lqw Review. Like mony volunteer jobs' it wos olmost full time! UËon ér"Or"tion he led o stoff of '10' ond 700 volunteers' ot llfinoisÞroject Vote. He tought, becqme o stole legislotor ond ¡oineO lhá U.S. Senole in 2004' An teer ãemonsfrotes on obiding interest omic lled bY o mo n' qno sed througn President e uo his biockberry due to security issues' lvy Leogue degrees ond high profile positions ore the icing in this ;iåt;"ä comñrunitv orgon-izing the coke',lT is some of the hqrdest worK onyone co"n do' Ñnen oll sorts of systems foil' il is. lómrnrnitv orgonizofiãns ond volunteers thot deliver the meols' the troining progroms, lhe literocy supporls' work wilh others to develop n"* progrots""' ond so on' After 30 yeors of work in thecommunity,lheMsCwosowordedtheogency'sfirst lo-mmunity gränt from Oxford County in 2008' We were so groteful. Abrohom Lincoln declored the first U'S' Thonksgiving during the cornoge of the Americon Civil Wor' Even in lroubled times he noted there is much to be groteful for' Whot people Jo iogether is whot helps us through those times ond ollows us io think "yes we con"' Moureen vondenberghe fr¡rftiS"*i.e Centre Newsletter: Foll/Winter 2OO8 lO9 "someone You Know MoY Need Us" Newsletter received January 16, 2009 from Tillsonburg Distri... Page 122 of 335 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM STAFF REPORT 1-o+ TO: Mayor & Members of Council FROM: Kyle Kruger, Administrator SUBJECT: Road V/idening - Moore Bridge Project DATE: January 16,2009 FILE: NUMBER: L2009-01 Purpose This report is to recommend adoption of a by-law to assume certain lands as part of Sand¡own Road. Background Council considered Report L2008-03 in November 2008 to conclude a number of arrangements regarding works known as the Moore Bridge project. As part of that project, certain land acquisition was required from abutting properties. Pursuant to Council approval in November 2008, lands transfers and easements have now been completed. At this time, the lands acquired for road widening should be dedicated as part of the traveled road system. Staff Comments Attached to this report is draft By-law No. 2009-007 to assume and establish acquired lands as part of the open public highway system of the Municipality of Bayham. This should conclude matters regarding this file. Attachments 1. Draft By-law 2009-007, to assume and establish lands in the Municipality of Bayham as part of the open and public highway system (Sandytown RoaÐ. Recommendation That By-law No. 2009-007, being a byJaw to assume and lands in the Municipality of Bayham as part of the open public highway system, be presented to Council for enactment. Staff Report L2009-01 regarding Road Widening - Moore Bridge... Page 123 of 335 TIIE CORPORATION OF THE MTJNICIPALITY OF BAYIIÄM BY-LAW NO.2009-007 A BY-LAW TO ASSUME AND ESTABLISH LANDS IN TIIE MT'NICIALITY OF BAYIIAM AS PART OF' THE OPEN PUBLIC HIG}IWAY SYSTEM (SAI\DYTOWNROAD) \üHEREAS the Municipality of Bayham acquired properties for the purposes of improving the municipal ¡oad known as Sandytown Road; A¡tD WHEREAS the Council of the Municipality of Bayham desires to establish the said parcels of land as part of the open public highway system of the Municipality pursuant to Section 3 I (1) of the Municipal Act, 2001, S.O. 2001, c. 25, as amended. THEREFORE THE COUNCIL OF THE CORPORATION OF TIIE MIJIICIPALITY OF BAYIIAM ENACTS AS X'OLLOWS: 1. TIIAT the parcels of land listed below and situated in the Municipality of Bayham in the County of Elgin be and the same are hereby assumed and established as part of the open public highway system of the Municipalþ of Bayham: Descrintion Public Hishwav Part of Lot 124, Concession NT& Municipality Sandytown Road of Bayham, Courty of Elgin, designated as Parts 1, 2,3,5 and6 onPlan llR-5215 Part of Lot 124, Concession NT& Municipality Sand¡own Road of Bayham, County of Elgin, designated as Pa¡t 1 on PlanllR-6242 2. THAT this byJaw shall take effect upon the date of its registration in the Land Registry Office for the Registry Division of Elgin (No. 1l)' 3. TIIAT the Clerk or designate is hereby authorized to amend the parcel designation noted in this ByJaw, if necessary upon registration of this By-law. READ A tr'IRST, SECOND TIME AND THIRD TIME A¡TD FINALLY PASSED THIS sTH DAY OF F.EBRUARY.2OO9. MAYOR CLERK Staff Report L2009-01 regarding Road Widening - Moore Bridge... Page 124 of 335 1 lolJanuary 16,2009 Mayor and Council Municipalþ ofBayham 9344 Plank Rd Straffordville, Ont NOJ lYO Dear Mayor Lynn Acre, I am writing on behalf of the Port Burwell Historical Society for permission to hold aparade in the village of Port Burwell to celebrate Canada Day on July 1, 2009. The Parade would run from the Royal Canadian Legion, along Wellington, Robinson, Pitt and Erieus streets, ending at the gazebo. A flag raising ceremony will take place at the cenotaph. The parade is set to begin at 11 a.m. with the ceremonies to follow. You and council are invited to attend and participate, as will be the local members of provincial and federal governments. Also included in the schedule of events, there will be cake, juice, balloons, handouts and of course games for the children as well as a live band. Thank you for your kind consideration. Chair of Canada Day Celebrations Port Burwell Historical SocieW. Correspondence dated January 16, 2009 from Robert Lozon, Cha... Page 125 of 335 Page 126 of 335 CORPORATION OF THE MI]NICIPALITY OF BAYTIAM STAFF REPORT TO: Mayor & Members of Council DATE: February 5,2009 FROM: Bill Ituifton, Chief Building Official FILE: P-10 SUBJECT: Building Department Year End Report 2008 NUMBER: P-2009-009 PurDose: Provide council with an update of the Building Department activities in 2008. Staff Comments: Building construction activities were steady for the duration of 2008. We had an above average number of permits issued (l42pumits in total) with residential housing leading with a total of 28 new houses. There were a number of high end houses built in 2008 which heþed with permit fees and construction value. There were 72 permits issued for farm buildings. Mostlypole barn structures for storage. There were2 smoke barns. We had 4 industrial permits issued. This included one fairly large addition to an industrial machine shop and one of our local contractors built a new shop for equipment storage and office space. There was very little commercial construction, with orily 2 permits issued. Institutional permits were also low, with 2 permits. Overall, compliance was good for the year. It wasn't necessary to lay any charges for Building Code non- compliance. A few work orders were issued for constructing without a permit, but the owners came around and got their required permits. A summary of permits and values is shown on the chart labeled "Summary of 2008 Building Permits" Permit fees per month for the year along with construction value per month are listed on the chart labeled *2008 Building Permits Months Totals" Building Permit statistics for the last 5 years are indicated on the chart labeled "Permit Stats" In reference to the Permit Stat's chart, a perusal will indicate a large increase for 2005. The installation of the 24 wind turbines was responsible for that increase. These were expensive structures (almost $500,000 each) and a foundation permit was issued for each turbine, which added 48 permits to the yearTy total. If that was subtracted from the yearly total,2005 would have had 732 permits with a value of 7.2 million in construction value. In 2005 permit fees were increased, so permit fees for 2004 appeatlow. Staff Report P2009-009 regarding Building Department Year En... Page 127 of 335 Staff Reoort P-2009-009 Municipality of Bayham Summary of 2008 Building Permits No. of Permits Type of Construction: Construction Value for 2008: 2008 Septic/Sewer Fees Gonstruction Value for 2007= 28 New Residential Houses $5,752,000 $4.290.900 14 House Additions $757000 $287,500 15 House Renovations $280300 s123.550 I Mobile Homes $2r 8000 $108.000 1 Mobile Home Renovations & Additions $7000 $20.000 12 Aoricultural Buildinos $291 500 $510,600 22 Garaqes $528000 $231.600 11 Sheds (qreater than 100 square feet)$70000 $50.981 2 Commercial Buildinos $3800 $31,500 4 lndustrial Buildinqs $634000 $0 2 lnstitutional Buildinqs s42292 $472.600 2 Demolition Permits $3000 $23.000 Miscellaneous: 21 (a) Septic Svstems $6.575 16 lb) New Sewer Connections $2.800 25 (c) Other Miscellaneous $84600 s67.860 0 (d) Permits transferred. voided 142 TotalYearlv Values:$8,671.492 $9,375 $6.218.09r n Month:Value Permit Fee January s216.600 $2.725 Februarv $29.000 $861 March $376.792 $2,968 Apri s1.029.900 $10.79r Mav $1.088.100 $9.267 June $1.453.800 $11,907 Julv $1,251,500 $8,253 Auqust $434.800 $3.817 Seotember $1.711.200 $12.919 October $303.000 $3,845 November $504,500 $7.066 December s272.300 $2.573 2008 Buildinq Permits Months Totals ç8,671,492 , $76,992 Staff Report P2009-009 regarding Building Department Year En... Page 128 of 335 Staff Reoort P-2009-009 Building Permit Stats Year Permit Number Permit Fees Gonstruction Value 2008 142 $76,992 $8.671.492 2007 119 $65.688 $6.218.091 2006 106 $67.959 $6.012.120 2005 180 $134.146 $18,516,620 2004 133 $40,136 $8.240.677 We also made some changes to our Building By-Law with regards to grading plans and grading certificates. With the change to requiring interim top of foundation wall elevations to be submitted prior to commencement of structural framing; we have had two end of the year housing starts, and both builders obtained the required elevation verification. Even better, was the fact that the foundations were almost exactly to the proposed grade. Recommendation: 1. That staff report#P 2009-009 regarding Buitding Department activities for 2008 be received. Respectfully submitted, Chief Building Official Staff Report P2009-009 regarding Building Department Year En... Page 129 of 335 Page 130 of 335 MunicÍpality of Bayham Building Permits For The Month of Jan 2009 File: PlO Feb-02-2009 No.Date Roll #Permit Holder Property Description Building Tvoe Value Permit Fee Septic /Sewer Fee I 7-Jan 0-005-00300 Wolfe, Rodser 10416 Sprineerhill Road constn¡ct one storey bedroom addition 360sq ft 3.500 240.0( 2 I 3-Jan +-001 -05200 Berg, Robert {8 Front Street nstall wood stove and chimnev 4.500 75.0( Ianuary-O9 8.000 315.00 0.0( 2OO9 YEAR TO DATE 8.000 315.00 0.0( tranuary-08 216.60(2J25.OO 175.0( 2OO8 YEAR TO DATE 216.60(2.725.0O t75.0( Prepared by: sM2t2t2009 excel\monthly\buildper Reviewedby: j)- Building permit report for the month ending January 31, 2009... Page 131 of 335 Page 132 of 335 2008.08.19 6.3 9050 00024912 00024915 0060257907Jan 0060341 982Jan 0060408229Jan 0060493387Jan 51 98663491 Jan 5198665521 Jan 001471 BLUEWAVE ENERGY 40923373186236 40923373186614 40923373190760 40923373191041 MUNICIPALITY OF BAYHAM Accounts Payable Royal Bank Cheque Register - 0111512009 01/15/2009 1:11PM SPROCKETS. BEARINGS. BOLTS BEARING, FLANGE, BOLTS 0110212009 01102t2009 123.17 005805 27.12 005805 OOOO31 ADT SECURITY SERVICES CANADA 36748307 AI.ARM SYSTEM - S.C,C. OOOO44 ALISAR AGGREGATES INC 20033521 WINTER SAND 000048 AMcTo '09 membership membership'09 OOOO52 AMTELECOM COMMUNICATIONS Cheque Amount - 01rt4t2009 I 150.29 215.25 005806 005807 005812 Cheque Amount -215.25 7,06'1.3612t31t2008 I Cheque Amount - MEMBERSHIP RENEWAL - 103957 O1/09/2009 MEMBERSHIP RENEWAL - 4385 01109/2009 Cheque Amount - 7,061.36 315.00 005808 336.00 005808 INTERNET. OFFICE INTERNET - EDISON INTERNET - MARINE MUSEUM INTERNET - GARAGE TELEPHONE - S.C,C. MONTHLY TELEPHONE 01101t2009 01t01t2009 01t01t2009 o'1t01t2009 01t01t2009 01t01t2009 651.00 81.85 005809 45.10 005809 45.10 005809 28.30 005809 82.91 005809 1,210.42 005809 OIL, DRUM DEPOSIT DRUM DEPOSIT OIL, DRUM DEPOSITS DRUM DEPOSIT 1211112008 12t11t2008 0110812009 0110812009 Cheque Amount -1,493.68 791.23 005810 -52.50 005810 1,730.67 005810 -52.50 005810 I c I c OOO160 CANON CANADA INC. 6104470 METER BILLING 001231 CENTRAL ELGIN FIRE RESCUE 048/08 CHECK ALL SITES Cheque Amount - 0'1106t2009 I 2,416.90 377.82 0058'll Cheque Amount - 01t13t2009 I 377.82 25.83 000220 CJDL 4922 49s1 SEWAGE CAPACITY STUDY SEPTAGE RECEIVING Cheque Amount -25.83 3,704.40 005813 2,704.64 005813 12t31t2008 0110212009 6 409 04 001456 AAA GENERAL WELDING & REPAIR Cheque Amount - Page Cheque Register being Cheques #5805 to Cheque #5928 inclusiv... Page 133 of 335 2008.08.19 6.3 9050 MUNICIPALITY OF BAYHAM Accounts Payable Royal Bank Cheque Register - 0111512009 0111512009 1:11PM OOOlOO CORPORATE EXPRESS 21716588 BINDER CL|PS, F|LES, BTNDER 01/09/2009 I 'l'18.91 005814 21725686 TNKKJET CARTRTDGE 01t1212009 I 30.00 005814 ChequeAmount- 148.91 OOO2,I2 COUNTY OF ELGIN 003 25 COUNTY ROAD MAPS 0111212009 I 75.00 005815 1N0000'Í6s6 '09 JANUARY POLTCE SERVTCES 01t12t2009 I 56,530.38 005815 Cheque Amount - 56,605.38 OOO235 DAVE LIPPERT FUELS LTD 16392 I 6393 19157 19158 19159 20223 20243 21816 21817 7703083 000260 DON HORTON 166848 OOO272 DYNAMIC FLUID PRODUCTS INC 12t08t2008 I 499.14 005816 12t08t2008 I 1,791.81 005816 12t18t2008 I 1,397.35 005816 1211812008 I 2,963.28 005816 1211812008 I 460.34 005816 1212312008 I 2,88r'.56 005816 12t23t2008 I 231.29 005816 1213112008 I 1,567.63 005816 1213112008 I 762.02 005816 12105t2008 I 1,161.98 005816 0110512009 I 46.79 005818 0110712009 I 5s.54 005818 una200s I 168.07 005818 Cheque Amount - 270.40 t-866't8-0 t-86692-0 t-86763-0 OOO284 ED ROLOSON 1815847 DIESEL DYED ULS DIESEL REG GAS ULS DIESEL DIESEL DYED ULS DIESEL REG GAS ULS DIESEL DIESEL DYED REG GAS CRIMPS, HOSES CRIMPS, HOSES CRIMPS, HOSES Cheque Amount - 13,719.40 PLUMBTNG SERVTCE - V.C.C. 11t2012008 I '136.20 005817 Cheque Amount - 136.20 WORKBOOTS 0110312009 I 184.34 005819 Cheque Amount - 184.34 OOO299 ELGIN PURE WATER 0000150525 MoNTHLY RENTAL 0110112009 I 106.58 005820 ChequeAmount- 106.58 001288 FARMINGTON MECHANICAL INC. 007357 CLEAR BLOCKAGE lN FORCEMAII\ 0ll02l2009 I 1,842.75 005821 OOO334 FASTENAL CANADA Gheque Amount - 1,842.75 Page 2 Cheque Register being Cheques #5805 to Cheque #5928 inclusiv... Page 134 of 335 2008.08.19 6.3 9050 oNTts23489 OOO357 G& K SERVICES CANADA INC 1 51 8361 859 001258 HENNESY GIBSON HOGAN 50835 LEGALSERVICES 50836 LEGAL SERVICES 50837 LEGAL SERVICES 50872 LEGAL SERVICES OOO4,I6 HETEK SOLUTIONS INC INV266O5 MOBILE CHECK OOO99,I HORVATH AUTO PARTS MUNICIPALIry OF BAYHAM Accounts Payable Royal Bank Cheque Register - 0111512009 PARTS 01105/2009 I Cheque Amount - sHoP TOWELS. FLOOR MATS 01/08/2009 I Cheque Amount - 0111512009 1:11PM 15.76 005822 12t30t2008 12t30t2008 12t30t2008 1213112008 207.88 190.97 005824 429.47 005824 238.63 005824 385.27 005824 15.76 207.88 005823 005825 005826 005826 005826 005827 005827 005827 005827 005827 005827 005827 005827 005827 005827 005827 005827 005827 005828 005829 Page Cheque Amount - 12t18t2008 I 1,244.34 129.95 Cheque Amount - 1211012008 01t09t2009 o'111312009 129.95 61.01 112.15 103.96 18749'l 1 88071 188171 TIE WRAPS, GLOVES HEADLIGHT VINYL DECALS CONSULTING FEES Cheque Amount - OOO427 HYDRO ONE NETWORKS INC Jan0024Q-14793 Jan06460-08880 Jan0657l-44066 Jan12660-62007 Janl 5773-68016 Jan25260-09578 Jan35795-43000 Jan50370-20077 Jan62770-20225 Jan68850-12275 Jan68860-0801 5 Jan86590-87008 Jan87640-15034 000217 tBtGROUP 201 356 UTILITIES - GARAGE UTILITIES - STRAF LIBRARY UTILITIES - METER CHAMBER UTILITIES - MED BLDG UTILITIES - PUMP#s UTILITIES - OFFICE UTILITIES - PUMP#6 UTILITIES - VIENNA LIBRARY UTILITIES - VIENNA MEM PARK UTILITIES - PB GARAGE UTILITIES - STRAF FIREHALL UTILITIES - PUMP#2 uTtLtTtES - S.C.C. 01t07t2009 01/09/2009 01/05/2009 01/09/2009 01t09t2009 01t09t2009 0't/06/2009 01t06t2009 0110612009 01/05/2009 01t09t2009 01/09/2009 01t0912009 277.12 958.42 159.33 49.38 77.23 305.63 410.27 584.54 423.15 152.33 84.84 248.94 197.21 't ,'t58.08 Cheque Amount - 1211912008 I 4,809.35 2,635.89 00't362 tcoMPASSTECHNOLOGtES Cheque Amount -2,635.89 6,300.0080534 SET UP FEES 12105t2008 I Cheque Register being Cheques #5805 to Cheque #5928 inclusiv... Page 135 of 335 2008.08.19 6.3 9050 MUNICIPALITY OF BAYFIAM Accounts Payable Royal Bank Cheque Register- 0111512009 Cheque Amount- MANAGER FEES, BATTERIES 01/09/2009 I 01/15/2009 1:11PM 005830 005831 005831 005832 005833 00s834 005834 005834 000¿146 JACKIE BOOTLE Decl 5/08-Jan 1 5/09 OOOSOI KEVIN BRADFIELD coveralls - reimburs workboots 1-19546 1-19667 1-19736 OOO513 KOOLENELECTRIC 't4161 14166 14't67 6,300.00 750.26 COVERALLS REIMBURSE WORKBOOTS Cheque Amount - 01t12t200s 0110712009 750.26 56.50 r58.19 OOO5O5 KEYSTONE COMPUTER RESOURCES 200800057 TRAINING OOO5O9 KIWANIS CLUB OF TILLSONBURG 1068 BOOTH RENTAL 1O8A.1O9A OOO51O KI.ASSEN AUTO PARTS Cheque Amount - 06t24t2008 I 214.69 169.50 Cheque Amount - 't2t31t2008 r 169.50 400.00 RAD FLUID WASHER FLUID WPER CENOTAPH LIGHT STL REPAIR, DECORATIONS STRAF STL REPAIR 400.00 43.74 13.52 't9.22 Cheque Amount - 0't/06/2009 0110712009 0110712009 76.48 152.36 005835 836.29 00583s 304.40 005835 I I I OOO517 KROVVI\ RUSTCONTROL 5480 SOAP, SALT ELIMINATOR OOO5I8 I(WK KOPY PRINTING 23868 COPYPAPER 000569 M &LSUPPLY. FIRE&SAFEW Cheque Amount - 0r/09/2009 I 1,293.05 385.78 005836 005837 005838 005839 Cheque Amount - 011't212009 I 385,78 85.86 Cheque Amount - 0l/0s/2009 I00001 12655 OOO58O MARKTAYLOR council mileage RIGGING PLATE, ROPE 2OO8 COUNCIL MEETINGS 85.86 132.63 Cheque Amount - 0111212009 I 132.63 391.50 000623 MUNICIPALIry OF BAYHAM Cheque Amount -391.50 Page Cheque Register being Cheques #5805 to Cheque #5928 inclusiv... Page 136 of 335 2008.08.r9 6.3 9050 OcUO8.Jan'09 001478 oMFPOA membership MUNICIPALITYOF BAYHAM Accounts Payable Royal Bank Cheque Register - 0'l 11512009 01/06/2009 0111512009 1:11PM PETTY CASH Cheque Amount- 0111412009 I 229.90 150.00 0058412OO9 MEMBERSHIP 000665 ONTARIO GOOD ROADS ASSOCIATION renewal 2009 MEMBERSHIP FEE 001158 ONTARIOPLUMBING 342 2OO9 MEMBERSHIP OOOT.IO PORT BURWELL HOME HARDWARE 6527 CLEANER, SAFEW SPRIING OOO743 RBCROYALBANK Jan451 60500009541 76 AMCTO COURSE 001479 ROBERTHOPKINS mailbox MAILBOX REPI-ACEMENT OOO8I4 SIFTO CANADA INC 72115777 BULKHIGHWAYCOARSE 001434 STANTEC CONSULTING LTD. 342529 ENERGYMNGMTSTUDY Cheque Amount - 't211112008 I 150.00 595.55 005842 005843 005844 005845 005846 005847 005848 005849 005850 005851 005851 Cheque Amount - 0110112009 I 595.55 60.00 Cheque Amount - 12fi?i2008 I 60.00 13.85 Gheque Amount - 01/06/2009 I 13.85 330.75 Cheque Amount - 01/08/2009 I 330.75 21.46 Cheque Amount - 01/06/2009 I 21.46 7.829.59 Cheque Amount - 't013112008 I 7,829.59 3,281.25 00'1418 TELUS 016242498004t6366069 CELL PHONE - B KNTFTON Cheque Amount - 0110512009 I 001477 TENCOONTARTO 26870 SPROCKET KEY OOO888 THORNTON'S LOCI(WORKS 9146 KEYLOCKSET 9156 KEYS CUT - OFFICE OOlOIO TOURISM LONDON Cheque Amount - 01/05/2009 I 31.31 28.95 28.95 39.35 65.# Cheque Amount - Page Cheque Register being Cheques #5805 to Cheque #5928 inclusiv... Page 137 of 335 2008.08.19 6.3 9050 332441 332442 332505 332631 332706 332734 332804 332854 332884 33289'l OOO954 VIKING CIVES LTD 2613991 2614014 2614021 MUNICIPALITY OF BAYHAM Accounts Payable Royal Bank Cheque Register - 0111512009 0111512009 1:11PM 105.00 005852 005853 560.98 146.89 005854 17.26 005854 50.02 005854 3984 2OO9 MEMBERSHIP BAG OF SALT POST INSTANT PATCH CAPS POST, GLOVES PIPE WRAP INSULATION WASHER FLUID PARTS SUPPLIES SUPPLIES CHAINS CHAIN CAB COVER FOR LOCK 01t02t2009 r OOO925 TRILLIUM RAILWAY COMPANY PCK1314 SIGNALS 000930 Tsc sToREs L.P. 181023258 18't030940 't81031045 Cheque Amount - 0110'U2009 I 105 00 560 98 Cheoue Amount - TRAFFIC PARKA PIPE INSULATION, WRAP DUCT TAPE, VALVE BALL, INSUL 12t17t2008 '1211012008 1211112008 OOO942 VALLEY BI.ADES LIMITED 127501 OOO945 VANBREE DRAINAGE & BULLDOZING Job 206065 OTTER'S EDGE DRAIN OOO953 VIENNA HOME CENTER LTD Cheque Amount - NOSE PIECES, BIáDES,INSERTS 0110612009 I Cheque Amount - 214.17 4,857.64 005855 005856 005858 005858 005858 01t14t2009 I 4,857.æ 44,053.54 Cheoue Amount -44,053.54 3.38 005857 17.36 005857 18.07 005857 55.37 005857 86.35 005857 7.90 005857 6.76 005857 308.43 005857 23.23 005857 17.13 005857 1210?/2008 1Aæt2008 1210412008 1210812008 12t10t2008 12t10t2008 12t12t2008 12t15t2008 12t15t2008 12t15t2008 Cheoue Amount -543.98 '1,330.01 1,003.44 25.43 01t07t2009 01t07t2009 0110712009 000965 WEBER'S FABRICATING LTD 13101 BRACKET REPAIR OO1O59 WILLIAM KNIFTON boots purcfrase WORKBOOTS Cheque Amount - 01/05/2009 I ck tiot.U$**1.*..Cheque Amount - 2,358.88 202.12 005859 lts\p 005860 202.12 169.4901/05/2009 I Page Cheque Register being Cheques #5805 to Cheque #5928 inclusiv... Page 138 of 335 Cheque Register being Cheques #5805 to Cheque #5928 inclusiv... Page 139 of 335 MUNICIPALITY OF BAYHAM General Ledger Fosting Summary Trace: 008008 Accounts Pavable Volded Gheoue 01-0f00-1030 20a8 p 1231/2008 cDlsT 01{10G1950 2008 12 1213',112ø08 CDIST Cheque Register being Cheques #5805 to Cheque #5928 inclusiv... Page 140 of 335 MUNICIPALITY OF BAYHAM General Ledger Postlng Summary Trace: 008060 0112112009 3:04PM Accounts Pavable Voided GhEque 01-0100-1030 2009 0'l 0112112009 cDlsT 0l-0100-1950 2009 0l un1/20iß9 cDlsr PostedBy: SANDRA Void Chq:5859 WEBER'S FABRICATING Void Chq:5859 WEBER'S FABRICATING Total Deb-its Total Credits Net Posting Page Cheque Register being Cheques #5805 to Cheque #5928 inclusiv... Page 141 of 335 2008.08.19 6.3 9050 MUNICIPALIW OF BAYHAM Accounts Payable Royal Bank Cheque Register - 0112212009 1213112008 I Cheque Amount - 01t05t2009 r Cheque Amount- 01102120t09 I Cheque Amount - 1213112008 I Cheque Amount - 01t01t2009 r Cheque Amount - 01l'1512009 I Cheque Amount - uf22,2009 I Cheque Amount - 01/08/2009 I Cheque Amount - 1210912008 I 0112212009 10:534M 005861 005862 005864 005865 005866 005867 005868 005869 005870 OOOO91 BARRYR.CARD 212012-17 LEGAL SERVICES OOO1I9 BOWES PUBLISHERS LIMITED x11202217 MINOR VARIANCE - PETERS 00017'l cBsc oAP|TAL tNc 2606687 COPIERRENTAL OOOI95 CLIFF EVANITSKI council mileage 001432 CULLIGAN 40933350515 REIMBURSE MILEAGE UNIT RENTAL OOO272 DYNAMIC FLUID PRODUCTS INC I.86841-0 COUPLER SERIES OOO3O1 ELGIN -ST.THOMAS MUNICIPAL 2009 dues 2009 DUES OOO334 FASTENALCANADA ONTIS23567 SUPPLIES OO1O49 GRAYDON FARMS 004 001424 HENDERSON RECREATION 't07815 PLAYGROUND EQUIPMENT HORNSBY CANVAS & TARPAULIN LTD 18153 RENTAL OF MANNEOUIN OOO427 HYDRO ONE NETWORKS INC 36.23 243.05 243,05 't,294.98 005863 1,294.98 257.40 257.40 27.28 27.28 197.98 197.98 50.00 50.00 80.22 Cheque Amount - REBATE REZONING DEPOSIT 1A31I2OO8 I 80.22 1,000.00 1,000.00 38,548.85 Cheque Amount - 0110912009 I 38,548.85 56.50 Jan25390-07266 Jan25390-55002 Jan53993-93004 UTILITIES - VIENNA STL UTILITIES - PB STL UTILITIES - PUMP#4 56.50 528.60 005872 1,591.73 005872 55.06 005872 Page Cheque Register being Cheques #5805 to Cheque #5928 inclusiv... Page 142 of 335 2008.08.19 6.3 9050 005 OOO513 KOOLEN ELECTRIC 14198 14199 000516 KRISTAL PITTER membership MUNICIPALITY OF BAYHAM Accounts Payable Royal Bank Cheque Register - 0112212009 01/16/2009 0111612009 0111212009 0111612009 0111612009 0112212009 10:534M UTILITIES - STRAF STL UTILITIES - RCHMD STL UTILITIES - PUMP#3 UTILITIES - EDEN STL UTILITIES - CORINTH STL REBATE SITE PI-AN REIMBURSE MEMBERSHIP OOO5O8 KIRWN & OATMAN EXCAVATING LTD Cheque Amount - 12t31t2008 r 4,050.88 1,000,00 005873 005875 005877 005878 005880 005882 STL REPAIR- PORT BURWELL STL REPAIR - STRAFF Cheque Amount -I,000.00 200.12 005874 249.57 005874 01t15t2009 0111512009 Cheque Amount - 01t1412009 I 449.69 71.67 000526 ].AEMERS TRUCKING LTD 300 Nov-DeC08 OOOSô5 LYNNACRE council mileage SERVICE CALL. RESCUE VAN SNOWPLOWNG Cheque Amount -71.67 33.M 005876 10,820.25 005876 1?/1?/2008 1A31/2008 Gheque Amount - 1A3112008 IREIMBURSE MILEAGE FEBRUARY'09 REMIT FEBRUARY'09 REMIT 10,854.09 89.10 000569 M &LSUPPLY, FIRE &SAFETY 00001 12688 OOO572 MANULIFE FINANCIAL 100577312 100577412 SUPPLIES Cheque Amount - 01/09/2009 I 89.10 111.70 Cheque Amount -111.70 4,990.36 005879 3,693.91 005879 01t16t2009 01t16t2009 001480 NEWRO SALES (2004) LTD 64449 REPAIR SEAL KIT, GASKET 000669 ONTARIO MUNICIPAL WATER ASSOC 2009feeschedule FEESCHEDULE OOI323 PBS BUSINESS SYSTEMS Cheque Amount - 0111412009 I 8,684.27 I'12.87 Cheque Amount - 01t21t2009 I 912.87 393.75 00s881 Cheque Amount -393.75 2U.76101846TAX BILLS 0111212009 I Page Cheque Register being Cheques #5805 to Cheque #5928 inclusiv... Page 143 of 335 2008.08.19 6.3 9050 MUNICIPALITY OF BAYHAM Accounts Payable Royal Bank Cheque Register - 01 12212009 r 01 866 ENVELOPES 01116t2009 I 728.85 005882 ChequeAmount- 1,013.6'1 OOOTIO PORT BURWELL HOME HARDWARE 6511 UN|ON 1210112008 I 4.28 005883 6512 ADAPTERS, ELBOWS 1210112008 I 18.91 005883 6535 MOUSE TRAPS. WAFARIN 1211812008 I 7.54 005883 6539 BULBS 1212212008 I 6.76 005883 6547 BUSHTNG 1212512008 I 1.57 005883 Cheque Amount - 39.06 OOO727 PUROLATOR COURIER LTD 404084115 COURIER SERVICES 0l/09/2009 I 73.12 005884 Cheque Amount - 73.12 OOO752 RESQTECH SYSTEMS INC 00009260 cHASSls PoRTloN 0112012009 I 115,500.00 005885 0112212009 10:534M OOO814 SIFTO CANADA INC 72117582 72118880 72',t't8902 CheoueAmount- 115,500.00 BULK HIGHWAY COARSE 0't/09/2009 I 7,515.06 005886 BULK COARSE HTGHWAY 0111312009 I 7,479.16 005886 BULK COARSE HIGHWAY 0111312009 I 5,713.29 005886 Cheque Amount - 20,707.51 OOO829 SPECTRUM COMMUNICATIONS LTD 0000002834 ovERcALLs FoR DECEMBER 0111512009 I 77.65 005887 0000002951 ANSWERING SERVICE 0111512009 I 84.70 005887 Cheque Amount - 162.35 OOO832 SPRIETASSOCIATES 08-0332a LIGHT LINE CULVERT 06/30/2008 I 20,545.46 005888 JOB No 208079 LIGHT LINE CULVERT 0912912008 I 152.381.25 005888 Light Line Culvert REVERSE CHQ - WRONG VENDOF 0912912008 C -152,381.25 005888 Cheque Amount - 20,545.46 000886 THERRIEN'S EXCAVATING 380 REPAIRS TO DRAINS 0111912009 I 1.9M.50 00s889 Cheque Amount - 1,984.50 001369 TILLSONBURG FIRE & 09-0003 DtspATcHtNG JAN-MAR31/09 01t't9t2009 I 4.199.52 005890 Cheque Amount - 4,199.52 001324 UNDERHILL BROS 87139 SNOWPLOWING 0111112009 I 1,039.50 005891 Cheque Amount - 1,039.50 Page 3 Cheque Register being Cheques #5805 to Cheque #5928 inclusiv... Page 144 of 335 2008.08.'t9 6.3 9050 OOO932 UNDERHILL FARM SUPPLY LTD 201493 OOO935 UNION GAS LIMITED Jan273-2106196-9754 Jan273-2106243-0725 OOO943 VALLEYVARIETY 0269 OOI16I WAYNE CASIER council mileage COUPLERS MUNICIPALITY OF BAYHAM Accounts Payable Royal Bank Cheque Register - 0112212009 Ail2212009 10:53AM 01t15t2009 I 17.04 UTILITIES - E.C.C. UTILITIES - PUMP#í 17.04 1,072.06 005893 19.12 005893 Cheque Amount - 0111512009 I 1,091.18 156.25 005894 005895 005896 Cheque Amount - 1,,31/2008 r 't56.25 153.00REIMBURSE MILEAGE 000966 WEBER'S WELDING & MFG 13101 REPAIRBRACKET Cheque Amount - 01/05/2009 r 153.00 202.'t2 Cheque Amount -202.'t2 Cheque Run Total -235,294.73 Page Cheque Register being Cheques #5805 to Cheque #5928 inclusiv... Page 145 of 335 2008.08.19 6.3 9050 OOOOIS A.G HAYTER CONTRACTING LTD Job205207 MUNICIPALITY OF BAYHAM Accounts Payable Royal Bank Cheque Register - 01t2912009 0'112912009 10:124M 005898 005899 005900 RICHMOND OUTLET DRAIN CRIMPS, HOSES CRIMP PARTS 01t27t2009 I 3,570.00 005897 Cheque Amount -3,570.00 400.00 OOOO99 BAYHAM CATERERS firemens lunch LUNCHEON OOOI19 BOWES PUBLISHERS LIMITED x1t202854 0'U16t2009 I Cheque Amount - SALE OF LAND - BLACK BRIDGE 0111612009 I Cheque Amount - 0112012009 I Cheque Amount - 0112112009 01t27t2009 Cheque Amount - o1t't2t2009 I Cheque Amount - o1t14t2009 I Cheque Amount - 0112712009 I Cheque Amount - 400,00 't83.08 OOO191 CL.ASS A FIRE & RESCUE 23709 LIFE JACKETS OOOIOO CORPORATE EXPRESS 218'19864 INKJET GARTRIDGES 21858270 APPT DIARY. BINDERS OOO25O DEL-BAC SALES LIMITED 197't27 SUPPLIES OOO255 DEREHAM FORGE 29357 CUSTOM STAMP 000001 DPoc 006 POSTAGE OOO272 DYNAMIC FLUID PRODUCTS INC 183.08 587.88 587.88 150.01 005901 158.07 005901 199.00 106.90 308.08 't99.00 005902 00s903 005904 005906 005907 106.90 1,050.00 t-87013-0 l-87046-0 l-87047-0 OOO274 E.L.M. CHAPTER 2009 membership 0112212009 0'v23t2009 0112612009 OOO283 ED MATTHEWSCARPENTRY 010117 OOO322 EVANS UTILITY Cheque Amount - 2OO9 MEMBERSHIP 0112612009 r Cheque Amount - REPAIRS IN EDISON MUSEUM O1I2OI2OO9 I 242.42 140.00 140.00 945.00 Cheque Amount -945.00 Page Cheque Register being Cheques #5805 to Cheque #5928 inclusiv... Page 146 of 335 0000132587 NUTS, BOLTS, GASKETS 0112012009 I 485.24 005908 2008.08.19 6.3 9050 OOO334 FASTENAL CANADA ONTIS2385O PARTS ONTIS23968 BOLTS MUNICIPALITY OF BAYHAM Accounts Payable Royal Bank Cheque Register - 0112912009 0112912009 10:124M Cheque Amount - 485.24 0112212009 I 41.73 005909 0112812009 I 105.49 005909 Cheque Amount - 147.22 OOO357 G& K SERVICES CANADA INC 1518366721 SHOP TOWELS, FLOOR MATS O1t22l2o19 I 207.88 005910 Cheoue Amount - 207.88 001328 H|-TECH CONTROLS (LONDON) go42 CAL|BRAT|ON OF SEWAGE FLOWT 01t22t2009 I 589.01 005911 Cheque Amount - 589.01 OOO427 HYDRO ONE NETWORKS INC Jan50221-05009 UTILITIES - SEWER PLANT 0111912009 I 6,087.28 005912 Cheque Amount - 6,087.28 000217 tBtGROUP 203378 CONSULTING FEES 1213112008 I 541.28 005913 Cheque Amount - 541'28 OOO525 LAEMERS EXCAVATING Iogs CLEAN UP LOGS 0111912009 I 598.50 005914 Cheque Amount- 598.50 00061O MINISTER OF FINANCE 6683 FIRE COLLEGE 1oto7t20o8 I 65.00 005915 Cheoue Amount - 65.00 000633 NATURAL RESOURCE GAS LIMITED Jan F19290-01 UTILITIES - EDISON MUSEUM 0112212009 I 459'89 005916 Jan F20600-01 uTlLlTlEs - v.c.c. 01t2212009 I 45.47 005916 Jan F26864-01 UTILITIES - PUMP#6 0112212009 I 14.79 005916 Jan G06210-01 UTILITIES - PB LIBRARY 0112312009 I 249.82 005916 Jan G06305-01 UTILITIES - MARINE MUSEUM O1l23l2OOg I 6s4.71 005916 Jan G06307-01 UTILITIES - PB FIREHALL O1t23l2OOg I 745.44 005916 Jan G15700-01 UTILITIES - PB OPP 0112312009 I 13.08 005916 Jan G40407-01 UTILITIES - PB GARAGE 01t2312009 I 583.86 005916 JanE12378-01 UTILITIES - FIREHALL 01122t2009 I 1,532.39 005916 JanE14212-01 UTILITIES - MED BLDG 0112212009 I 487.55 005916 JanE22380-01 UTILITIES - PUMP#s o1l22l2oo9 I 18.24 005916 JanE24200-01 UTILITIES - S.C.C. 0112212009 I 1,144.30 005916 JanE45407-01 UTILITIES - OFFICE 0112212009 I 747.54 005916 Page 2 Cheque Register being Cheques #5805 to Cheque #5928 inclusiv... Page 147 of 335 2008.08.r9 6.3 9050 JanE4540$01 JanE454l041 JanE51600{1 0066't21 1 OOO814 SIFTO CANADA INC 72120581 72l209ei8 MUNICIPALITY OF BAYHAM Accounts Payable Royal Bank Cheque Register - 0'112912009 O1l29l20}g 10:124M UTILITIES - PUMP#2 UTILITIES - LIBRARY UTILITIES - GARAGE 415.12 005916 't81.80 005916 2,891.11 005916 OOO733 R&RREFRIGERATION 2709 ECONOMIZER DAMPER OOO734 R.A PILKEY 15083 LINE SWITCH OOO795 SANDRAMAERTENS postage POSTAGE 000796 SANDS CANADA INC./ANGUS Cheque Amount- ü/2?12009 I 10,r89.1 r 252.00 005917 Cheque Amount - 01121f2009 I 252.00 292.71 005918 Gheque Amount - 01t23t2009 I 292.71 13.41 00591 I 005920 005921 005921 005922 005923 005924 005925 005926 005927 Cheque Amount - 01t22t2009 I 13.41 108.42LATEX GLOVES Cheque Amount - BULK HIGHWAY COARSE O1I19I2OO9 BULK HIGHWAYCOARSE O1I2OI2OO9 108.42 5,144.25 7,197.92 OOO832 SPRIETASSOCIATES O9.OO14 RICHMOND OUTLET DRAIN 000846 SToKES 00081534 001477 TENCOONTARTO 111887 MENS GOLD WATCH TIS INDUSTRIAL SALES LTD. 00200276 PARTS OOO913 TOWNSHIP OF MAI-AHIDE 08-344 INFO TECH - PST CHARGE 001324 UNDERHILLBROS 87'142 SNOWPLOWNG Cheque Amount - 01t27t2009 r 12,342.17 5,679.07 Gheque Amount - 0112012009 I 5,679.07 231.87 Cheque Amount - 01t21t2009 I 231.87 1,121.68 Gheque Amount - 01t22t2009 r 1,121.68 91.59 Cheque Amount - 1213112008 I 91.59 318.80 Cheque Amount - 01t1312009 r 318.80 346.50 Page Cheque Register being Cheques #5805 to Cheque #5928 inclusiv... Page 148 of 335 2008.08.19 6.3 9050 MUNICIPALITY OF BAYHAM Accounts Payable Royal Bank Cheque Register - 0112912009 0'112912009 10:124M 0111412009 I 01t1812009 I 0'U20t2009 r 188.37 005927 425.25 005927 't94.67 005927 Cheque Amount -1.154.79 Cheque Run Total - Page Cheque Register being Cheques #5805 to Cheque #5928 inclusiv... Page 149 of 335 Cheque Register being Cheques #5805 to Cheque #5928 inclusiv... Page 150 of 335 80RW I.IUNICIPALITy OF BAYHAí TOT PACKETS PAYRODAILY ANALYSTS OF T TEI,I SALARIED T{ORKPAYS PAY ADVICE FOLÐ ADP CANADALL TECHNOLOGIEUPDATE REPORTCO}IPANY TOTALS ADJUST - CR CURRENT TOTAL I ,397 .5t 1,82I.98 4,588.9? 985.56 16,793.77 35,704 .69 50.00 35 ,754 .69 5?,54A.46 188.I0 9.4L 52,745.97 SERVICE CHARGES RUN: JAN 27 2OO9 N0: DPAGE: 704GST REG: 100057413 Rt0004 COi'|PÀNY PAGE: 3 DEBIT DATE: JAN ?8, 2009 DATE 0F PAY: JAN 50 , 2OO9 FEDL TAX NR TAX PROV TAX EI CONT QPIP CAN PEN QC PEN QC HSF ON EHT '{B HET NL HAPSET TOT STATS CHEQUES DEPOS I TS US DEPS DED DEPS TOT NPAY RRSP RTI TOT PAYROL SERV CHRG GST PST GRAND TOT CURRENT 9,397.5I r,821,98 4,588.92 985.36 !6.793.77 35,704 .69 50.00 35,754.69 52,54A.46 188.10 9.4L 52 ,745.97 ADJUST - DR YTD ADJUST CHARGE ITEII 28.88 H0URLY t¡IORKPAYS 6. OO COURIER FEE YTD TOTAL 24,337 .L2 FEDL TAX NR TAX PROV TAX 5,504.0I EI CoNT QPIP 15,838.40 CAN PEN QC PEN QC HSF 2,975.?6 0N EHT I1B HET NL HAPSET 50,654.79 TOT STATS CHEQUES LO7 ,52L.36 DEPoSITS US DEPS I5O. OO DED DEPS LO7 ,67L.36 TOT NPAY RRSP RTI I58,326.I5 TOT PAYROL 4L8.24 SERV CHRG 20.9? GST PST I58,765.31 GRAND TOT ITEII UNITS CO-YE RUN 2 PAYROLL RUNS 1 YE ADJUSTS ? TOTAL S,/C SUBJECT TO GST IS: TOTAL PAYROLL DEBIT IS CHARGE 60.00 46,00 .50 UNITS 19 30 UN ITS ll 3 CHARGE t6.72 30.00 RUN DATE JAN 26 2009 THE ABOVE ITEI.I CO-YE RUN I88.10 5?'745.97 DEBIT lNFOR}IATI0N: 005 05102 1011923 ANALYSIS INCLUDES UNCOLLECTED FEES FOR THESE PREVIOUSLY PROVIDED SERVICES,/ITEI.IS UNITS CHARGE RUN DATE ITE]I UNITS I 30.00 JAN 23 2009 Co-YE RUN t CHARGE 30.00 Cheque Register being Cheques #5805 to Cheque #5928 inclusiv... Page 151 of 335 Page 152 of 335 CORPORATION OF THE MUNICIPALITY OF BAYHAM STAFF REPORT TO: Mayor & Members of Council FROM: Suzanna Dieleman Mantel, Treasurer SUBJECT: Investments 2008 DATE: February 2,2009 FILE: F03.08 NUMBERz F2009-07 Background Comments Investments have increased by almost $800,000 during 2008. Some adjustments were made during the year to more appropriately reflect the source of funds and types of reserves being held. One of these adjustments was to the Edison investment account which had also held some general funds. A transfer of funds within the accounts resulted in the rate of return for the Edison funds being artificially low. An entry within the books and records of the municipality has been made to compensate for this loss, which more accurately belongs to the general reserves. Additional transfers will be made into and out of various investments in the next couple of months; in particular, sewer reserves are increasing, the infrastructure grant needs to be invested and funds withdrawn from the MTO grant for Light Line. Recommendation: THAT Staff Report F2009-07 be receivedfor ínformatìon. Respectfully submitted,Reviewed by, Suzanna Dieleman Mantel. Treasurer Staff Report F2009-07 regarding Investments 2008. File: F0... Page 153 of 335 Municipality of Bayham lnvestment Report 2008 Reserve Parks Development Charges Subdivision Dep:Gilvesy Eden Cemetery Edison Museum General MTO Road Grant OMPF Sewer 213,933.89 525.740.00 409.335.42 389,689.93 50,000.00 Opening Balance 63,973.39 14,043.23 11,056.24 22,155.83 350,833.74 Capital Change -13,933.89 21,213.13 Year-End Balance 52,262.19 14,677.91 21,904.00 11,534.52 22,695.12 589,037.55 537,042.21 427,197.03 458,068.75 2,222.69 634.68 690.87 478.28 539.29 24,269.92 11,302.21 17,861.61 18,378.82 Annualized Rate of Return 4.44% 4.52o/o 4.34o/o 4.33% 2.43% 4.30% 4.30% 4.360/o 4.72% Gan General deposit Feb 2, 2008 Park transfer to General Feb 2, 2008 Subdivision deposit invested March 25,2008. MTO Road Grant invested July 2,2008. Sewer deposit invested August 12,2008 excel/council/2008 I nvestment report.xls 27t01t2009 Staff Report F2009-07 regarding Investments 2008. File: F0... Page 154 of 335 CORPORATION OF THE MTJNICIPALITY OF BAYHAM STAF'F REPORT TO: Mayor & Members of Council FROM: Suzanna Dieleman Mantel, Treasurer SUBJECT: Annual Building Report DATE: February 2,2009 FILE: F03 NUMBER: F2009-08 Background Comments Under the Ontario Building Code Act, each municipalþ is required to report to its' council on the financial results of the building department. The detailed financial report is attached. This is the first year the building department has generated a surplus. This is due to an increase in new construction over the past year. It has been council's position in the past to have the tax levy fund any shortfall within the building department. Therefore, it is recommended that the 2008 surplus within the department be allocated to offset the tax levy/previous years' shortfalls by leaving the funds in the general surplus/deficit of the municipality. Recommendation: THAT StaîÍReport F2009-08 be receivedfor informatíon. Respectfu lly submitted, Suzanna Dieleman Mantel. Treasurer inistrator Staff Report F2009-08 regarding Annual Building Report. Fil... Page 155 of 335 2008.08.19 6.3 9050 MUNICIPALITY OF BAYHAM General Ledger Annual Department Budget vs. Actual Comparison Report Fiscal Year 2008 - From Period 1 To Period 12 Ending DEC 31 ,2008 O2tO2l20Og 9:074M 2007 Year Total 2008 Year To Date ActualAccount Descriotion Budget Pct Used Total Budget Fund: 0'l General Category: 2??? 2O4O PROTECTIVE INSPECTION & CONTRO Revenue 01 -2040-4130 Building Permits 01-20404140 Septic System Permits & PDC's 01 -2040-4'1 50 Sundry Revenues Total Revenue Expense 01-2040-5100 Salaries & Wages 01-2040-51 10 Statutory Benefits 0'l -2040-5120 Non-Statutory Benefits 01-2040-5170 Supplies 01 -2040-5220 Subscriptions & Publication 01 -2040-5240 Advertising 01-2040-5250 Association & Membership Fees 01 -2040-5295 Vehicle Maintenance 01-2040-5300 lnsurance 01-2040-5310 Legal Fees 01-2040-5330 Training & Education 01 -2040-5340 Conferences & Seminars 01-2040-5350 Travel 01-2040-5360 Telephone 01-2040-5370 Sundry 01-2040-5450 Contract Services 01-2040-551 0 Administrative Overhead Total Expense Dept Excess Revenue Over (Under) Expenditures Category Excess Revenue Over (Under) Expenditures 81,750.00 7,575.00 125.00 136.25 60.000.00 't08.21 7.000.00 41.67 300.00 89,450 00 132.9',t 67.300.00 59,507.58 4,934.02 8,966.53 1,006.79 138.00 0.00 699.52 1,402.70 889.00 737.90 589.1 6 1 ,1 63.33 780.30 688.71 199.92 1,236.00 2,600.00 't02.74 77.46 1 03.1 8 11't.87 138.00 0.00 174.88 140.27 100.00 29.52 23.57 50.58 0.00 127.54 13.33 0.00 100.00 57,920.00 6,370.00 8,690.00 900.00 100.00 200.00 400.00 1,000.00 889.00 2,500.00 2,500.00 2,300.00 0.00 540.00 1,500.00 0.00 2,600.00 85,539.46 96.75 88,409.00 3,910.54 (18.53) (21,109.00) 3,910.54 (18.53) (21,109.00) Page Staff Report F2009-08 regarding Annual Building Report. Fil... Page 156 of 335 CORPORATION OF THE MUNICIPALITY OF BAYHAM STAFF REPORT TO: Mayor & Members of Council FROM: Suzanna Dieleman Mantel, Treasurer SUBJECT: Stewardship Ontario DATE: February 2,2009 FILE: Fll NUMBER: F2009-09 Background The Ministry of the Environment, through Waste Diversion Ontario, established waste management requirements for hazardous waste and a funding program is now available under Stewardship Ontario. Discussion The municipalþ has the opportunity to receive funding to assist in financing the cost of collecting and disposing of hazardous waste. The collection of hazardous waste is a service already provided by the municipality each spring. The level of funding that will be available has not yet been determined and is somewhat conditional on the number of municipalities participating and the extent of the hazardous waste programs being offered. As part of the funding requirements, the municipality must enter into an agreement with Stewardship Ontario. Recommendation That by-law 20089-012 being a by-law to authorize the execution of an agreement between the Municipality of Bayham and Stewardship Ontario for the provision of funding for hazardous waste management. Respectfu lly submitted, Dieleman Mantel, Treasurer Staff Report F2009-09 regarding Stewardship Ontario. File: ... Page 157 of 335 THE CORPORATION OF TIIE MUMCIPALITY OF BAYHAM BY-LAWNO.2009-012 A BY-LA\il TO AUTIIORIZETHE EXECUTION OF AII AGREEMENT BETWEEN TIIE MTJNICIPALITY OF BAYHAM A¡II) STEWARDSHIP ONTARIO FOR THE PROYISION OF' F'I]NDING r.OR HAZARDOUS WASTE MANAGEMENT WHEREAS by letter received by Waste Diversion Ontario on December 12,2006, the Minister of the Environment for the Province of Ontario required Waste Diversion Ontario to develop a waste diversion program for municipal hazardous or special waste and that Stewardship Ontario act as the Industry Funding Organization for the program; AltD \ryIIEREAS the Municipality of Bayham operates a municipal hazardous or special waste collection annually; A¡tD WHEREAS the Council of the Corporation of the Municipality of Bayham is desirous of entering into an agreement for provision of funding for haz¿rdous waste management. THEREX'ORJ THE COTJNCIL OF THE CORPORATION OF TIIE MT]NICIPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. THAT the Mayor and Treasruer be and are hereby authorized to execute the Agreement attached hereto as Schedule "4" and forming part of this by-law between the Municipalþ of Bayham and Stewardship Ontario for the provision of funding for hazardous waste management. 2. TIIÄT this by-law shall come into full force and effect upon final passing. READ A FIRST, SECOND AND THIRD TIME AND X'INALLY PASSED THIS 5th DAY OF'X'EBRUARY 2009. MAYOR CLERK Staff Report F2009-09 regarding Stewardship Ontario. File: ... Page 158 of 335 SCHEDULE 'A' TO BY-LA$/ 2OO9-OI2 MT]NICIP AL IJAZARDOUS OR SPECIAL WASTE MANAGEMENT SHARED RESPONSIBILITY AGREEMENT THIS AGREEMENT made in duplicate is effective as of the 5th day of February,2009. BETWEEN: STEWARDSHIP ONTARIO (hereinafter referred to as r6Stewardship Ontariot') -and- MUNICIPALITY OF BAYHAM (hereinafter referred to as the 'rMunicipality") [If not o municipality, the name of the entity will be used, e.g. Eastern W'aste Services BoardJ (hereinafter referred to as the "Parties" or singularly as a "Party") IWHEREAS: A. By letter received by V/aste Diversion Ontario on December 12,2006, the Minister of the Environment for the Province of Ontario required V/aste Diversion Ontario to develop a waste diversion program for municipal hazañous or special waste and that Stewardship Ontario act as the Industry Funding Organization for the program, which requirement was made pursuant to subsection23(l) of the lV'aste Diversion Act 2002 (Ontario); B. Stewardship Ontario, at the direction of and in cooperation with Waste Diversion Ontario, developed a municipal hazardous or special waste program plan, which was approved for implementation by the Minister of the Environment for the Province of Ontario by letter dated February 19,2008; C. The municipal hazañous or special waste program plan provides, inter alia,for Stewardship Ontario to anange for the management of municipalhazardous and special waste which has been collected by municipalities and other collection systems in the Province of Ontario. NO\il THEREFORE in consideration of the premises and mutual agreements contained herein and subject to the terms and conditions hereinafter set forth, the Parties covenant and agree as follows: Staff Report F2009-09 regarding Stewardship Ontario. File: ... Page 159 of 335 SCHEDULE'A' TO BY-LAW 2OO9-OI2 1.0 Definitionsandlnterpretation 1.1 Terms beginning with capital letters and used herein without definition shall have the meanings given to them in either the Waste Diversion Act 2002 (Ontario) or the Municipal Act, 2001(Ontario), as the case may be unless otherwise specified. 1.2 In this Agreement: (a) 3'^ct') means the úTaste Diversion Act, 2002 (Ontario), as amended; (b) 66Agreement" means this Agreement and includes all schedules and amendments thereto; (c) r'Bank of Canada Rate" means the floating annual rate of interest published from day to day in the GLOBE and MAIL Report on Business in its "Money Rates" column as the "Bank of Canada Overnight Rate". Should such publication not continue to publish the Bank of Canada Overnight Rate or a substitute rate, then Stewardship Ontario will select a comparable announced rate. (d) "Business Day" means Monday through Friday, excluding statutory holidays and any other day that the Government of Ontario has elected to be closed for business; (e) r6Certificate of Approyal" means a legal instrument issued by the Director of the Environmental Assessment and Approvals Branch of the Ministry of the Environment of Ontario pursuant Section 27 to the Environmental Protectíon Act (Ontario); (Ð '6Collection Services" means all the activities, including those conducted at Depots and Events operated by or on behalf of the Municipality for the purpose of receiving, classifying and storing MHSV/ including the manifesting of the MHSW after the MHSW is loaded into the transportation vehicle prior to transportation away from the Depot or Event, but not including Value-Added Collection Services; (g) r'Commencement Datet'means July l, 2008; (h) "Depot" means a collection facility/location, at an address for which a Certicate of Approval has been issued, for receiving MHSV/ from the public and/or Exempt Small Quantity IC&I Generators within the Municipality's service area; (Ð r'Event" means a one-day or other mobile collection event conducted to receive MHSW from the public and/or Exempt Small Quantity IC&I Generators operated for or on behalf of a Municipality; (j) '(Exempt Small Quantity IC&I Generator" or ¡rExempt SQG" means a business that is not required to submit a Generator Registration Report with respect to MHSV/ under subsection 18 (1) of Regulation 347, made under the Environmental Protection Act (Ontario), as amended from time to time, and Staff Report F2009-09 regarding Stewardship Ontario. File: ... Page 160 of 335 SCHEDULE'A' TO BY-LAW 2OO9-OI2 generates MHSV/ and that does not generate more than 100 kilograms per month of MHSW; (k) r'Generator" means the operator of a waste generation facility; (l) "Manifesting" means those activities associated with preparing a manifest for Post-Collection Services in accordance with Regulation 347 made under the Environmental P rotection Act (Ontario); (m) T6MFIPPA" means the Municipal Freedom of Information and Protection of Privacy Act. R.S.O. 1990, c. M.56, as amended from time to time. (n) "Municipal Hazardous or Special Waste" or (MHSW" means waste materials defined under Ontario Regulation 542106 and includes both Municipal Hazardous and Special Waste as defined therein. (o) "Municipal Hazardous or Special Waste Program Plan" or ('MHSW Program Plant' means the waste diversion program approved by the Minister of the Environment on February 19,2008, pursuant to section 26 of the Act, and any amendments thereto; (p) *MHSW Services" means Collection Services and Post-Collection Services for Phase I MHSW; (Ð "Minister" means the Minister of the Environment for the Province of Ontario; G) "Minister's Program Request Letter" means the Minister's letter to Waste Diversion Ontario received on December 12,2006 requesting a waste diversion program for MHSW and directing Stewardship Ontario to act as the Industry Funding Organization; (s) "Phase 1 MHSW" means MHSV/ designated as such in the Minister's Program Request Letter and further defined inthe MHSV/ Program Plan; (t) "Post-Collection Services" means activities relating to the management of MHSV/ after the point of Manifesting, including but not limited to transportation of waste from collection facilities, processing, recycling, and disposal of waste and other waste management activities; (u) "Seryice Provider" means a third party that provides services to the Municipality in relation to the MHSV/ Services; (v) "Service Provider Contract" means the contract between the Municipality and the Service Provider pursuant to which the Service Provider provides some or all of the MHSW Services of the Municipalþ; (w) "Stewards" means the persons or companies obligated by Stewardship Ontario to pay fees under the MunicipalHazardous or Special'Waste Program Plan; Staff Report F2009-09 regarding Stewardship Ontario. File: ... Page 161 of 335 SCHEDULE 'A' TO BY-LAV/ 2OO9-OI2 2.0 (x) "Value-Added Collection Services" means additional procedures listed in Schedule D which the Municipality has agreed to perform at the time of providing Collection Services, at the request of Stewardship Ontario; (y) "'Waste Diversion Program" means a program refened to in Sections 23 and 25 of the Act. 1.3 In this Agreement, (a) 'Words denoting the singular include the plural and vice versa and words denoting any gender include all genders; (b) The word "including" or "includes" shall mean "including [or includes] without limitation"; (c) Any reference to a statute shall mean the statute in force as of the date of this Agreement, together with all regulations promulgated thereunder, as the same may be amended, re-enacted, consolidated and/or replaced, from time to time, and any successor statute thereto, unless otherwise expressly provided; (d) When calculating the period of time within which or following which any act is to be done or step taken, the date which is the reference day in calculating such period shall be excluded; if the last day of such period is not a Business Day, the period shall end on the next Business Day; (e) All dollar amounts are expressed in Canadian dollars; (Ð Any tender of notices or documents under this Agreement shall be made upon the relevant party atthe address set out in Section 12.0; (g) The division of this Agreement into separate sections and subsections, and the insertion ofheadings are for convenience ofreference only and shall not affect the construction or interpretation of this Agreement; and (h) Except as specifically dehned or provided for in this Agreement, words and abbreviations which have well known or trade meanings are used in accordance with their recognized meanings. 1.4 The Parties acknowledge that the recitals to this Agreement are true and correct. Term of Agreement and Amendment 2.1 The term of this Agreement shall commence as of the Commencement Date and shall remain in effect until three (3) years after that date unless terminated earlier in accordance with Section 14.0 of this Agreement or amended in accordance with Subsection 2.2. TIns Agreement shall automatically renew for up to two further one (1) year terms, unless either party notifres the other at least ninety (90) days in Staff Report F2009-09 regarding Stewardship Ontario. File: ... Page 162 of 335 SCHEDULE'A' TO BY.LAW 2OO9-OI2 advance of any renewal term commencement date that the Agreement shall not be renewed. Subject to hereinafter provided, this Agreement constitutes the entire agreement between the Parties with respect to the subject matter hereot and contains all of the representations and warranties, covenants and agreements of the respective Parties and may not be amended or modified except by an instrument executed by all of the Parties hereto. The Parties recognize that there may be changes to the MHSW Prognm Plan, in which event, the Parties will, if necessary, amend this Agreement. 3.0 The Municipality's Current MHSW Services Information 3.1 The Municipality represents that Schedule A is a complete description of all MHSW Services that a¡e provided by the Municipalþ as of the date referenced therein. The Municipality shall supply copies of all relevant Certificates of Approval and any amendments thereto to Stewardship Ontario, upon request. The Municipalþ shall notiff Stewardship Ontario when any Certificates of Approval included in Schedule A are replaced or amended. 3.2 Should the Municipality plan to change the MHSW Services it provides, the Municipality shall notiff Stewardship Ontario: (a) at least six (6) months in advance of the date on which MHSW Services will be decreased; or (b) as soon as practicable in advance of the date on which MHSV/ Services will otherwise be changed or increased and such notice shall include a revised Schedule A which will replace the previous Schedule A forming part of this Agreement. 3.3 Should changes occur to the MHSW Services provided by the Municipalþ which are outside of the Municipality's control, the Municipality shall notifr Stewardship Ontario as soon as practicable of those changes and such notice shall include a revised Schedule A which will replace the previous Schedule A forming part of this Agreement. 4.0 MHSW Service Provider Information and Contracts 4.1 The Municipality represents that Schedule B is a complete description of all contracts to which the Municipalþ is a parry at the time of signing this Agreement for the provision of any MHSW Services and which may continue to be or will be in force during any part of the term of this Agreement. The Municipality shall supply copies 2.2 2.3 Staff Report F2009-09 regarding Stewardship Ontario. File: ... Page 163 of 335 SCHEDULE 'A' TO BY-LAV/ 2OO9-OI2 of any such contracts to Stewardship Ontario upon request subject to the provisions of MFIPPA. 4.2 The Municipality shall not, during the term of this Agreement, amend, enterinto or extend any contracts for MHSV/ Services which are inconsistent with the terms of this Agreement, or without the consent of Stewardship Ontario, which consent shall not unreasonably be withheld. Stewardship Ontario shall be deemed to have given its consent, unless, within fifteen (15) days following receipt of a request for consent, Stewardship Ontario has notified the Municipality that it is withholding its consent along with the reasons therefor. Upon amendment or execution of any such contracts, the Municipality shall deliver to Stewardship Ontario a revised Schedule B which will replace the previous Schedule B forming part of this Agreement. 4.3 The Municipality shall, subject to the obligations of the Municipalþ under the Service Provider Contracts identified in Schedule B, cany out those actions described in Schedule C with respect to the provision of MHSW Services, including: (a) Amendments to Service Provider Contracts requiring separate pricing for Phase I MHSW Post-Collection Services or Value-Added Collection Services; (b) Amendments to Service Provider Contracts pursuant to section 9.3; (c) Early termination or partial termination of certain Service Provider Contracts if the agreement permits termination and where the Municipality and Stewardship Ontario agree that such termination or partial termination should take place in order to achieve the objectives of the MHSW Program Plan; and (d) Tendering processes conducted jointly by Stewardship Ontario and the Municipality, or separately by Stewardship Ontario or the Municipalþ for future Service Provider Contracts. 4.4 Nothing in this Agreement is intended to interfere with the Municipality's contractual relations with Service Providers. 5.0 Changes and Enhancements to the Municipality's MHSW Services 5.1 The Parties shall work cooperatively to improve the MHSW Services of the Municipality consistent with the MHSV/ Program Plan. 5.2 The Parties represent that Schedule D is a complete description of the changes and improvements to the MSHW Services of the Municipalif, âS well as the respective commitments of Stewardship Ontario and the Municipality to achieve those changes and improvements, for the time period specified therein. Staff Report F2009-09 regarding Stewardship Ontario. File: ... Page 164 of 335 SCHEDULE 'A' TO BY-LAW 2OO9.OI2 6.0 Promotion and Education 6.1 The Parties represent that Schedule E sets forth the roles and responsibilities of each with respect to promotion and education for MHSW Services. 7.0 FinancialArrangements 7.1 The Municipality shall submit invoices on a quarterly basis for reimbursable MHSW Services and payment shall be made by Stewardship Ontario to the Municipality in accordance with the provisions of this agreement, including Schedule F. Invoices shall be paid by Stewardship Ontario within thirty (30) days of the date of receipt of the invoice by Stewardship Ontario provided that such invoices are proper, accurate, and not in dispute. Interest shall apply to any amounts unpaid within fifly (50) days of the date of receþ of the invoice by Stewardship Ontario at the Bank of Canada Rate plus 2Yoper annum The Parties represent that Section 7.0, together with Schedule F, sets forth all requirements for allowable reimbursement by Stewardship Ontario for MHSV/ Services provided by Municipalities. 8.0 Reporting 8.1 The Municipality shall keep proper books and records in respect of MHSW Services for which the Municipality is reimbursed by Stewardship Ontario in accordance with good business practices and generally approved accounting procedures. These records shall be available at all reasonable times for examination or audit by Stewardship Ontario. 8.2 The Municipality shall provide Stewardship Ontario, or such other parties as Stewardship Ontario shall direct, with all the necessary information and reports relating to the collection and management of MHSW, as reasonably required by Stewardship Ontario in support of any claim by the Municipality for reimbursement of expenses pursuant to this Agreement or for purpose of improving MHSW services, including: (a) Quarterly reports: The Municipality, on a quarterly basis, shall provide Stewardship Ontario with information with respect to the following: (Ð Summaries of all manifests (for products requiring Manifesting) and other shipping documents (for products not requiring Manifesting) prepared by the Municipalþ or a Service Provider; (iÐ Quantities and type of Phase I MHSV/ managed by the Municipalþ for Value-Added Collection Services, including, where reasonably available: 7.2 7.3 Staff Report F2009-09 regarding Stewardship Ontario. File: ... Page 165 of 335 SCHEDULE 'A' TO BY-LAW 2OO9-OI2 (b) (Ð Number of drums of bulked products; (B) Weight or volume of containers remaining after bulking; (C) Weight or volume of crushed oil filters; (D) Reuse quantities; and (E) PCB testing; (iiÐ Information regarding use of Collection Services, including the number of users and category ofusers; (iv) Information regarding services for Exempt SQGs; and (v) Information regarding disposition of MHSW; Annual reports: Upon reasonable request, the Municipality shall report or provide a copy of the part of the Municipalþ's Annual Report to the Ministry relating to MHSW for the preceding year; User and other surveys: The Municipality agrees, as a Value-Added Collection Service, to gather information for studies or surveys required by Stewardship Ontario for the pulpose of improving the MHSV/ Program Plan; The Municipality shall submit the reports required under this section in the manner and formats stipulated by Stewardship Ontario; and The Municipality shall keep and preserve throughout the term of this Agreement, and for a period of not less than twenty-four (24) months thereafter, all records, documents, and information relating to this Agreement. (c) (d) (e) 9.0 Regulatory and Compliance Title to products: The Municipality shall have title to all MHSW from the time when the Municipality accepts the MHSW unless and until the point in time that title has transferred to a Service Provider or other person. At no time will Stewardship Ontario have title to MHSV/ unless handled directly by Stewardship Ontario employees. Regulatory compliance: In performing its obligations under this Agreement, the Municipality shall obtain all permits, licenses, authonzations, and approvals required by law and observe and comply with all applicable laws, including any Certificates of Approval issued to the Municipalþ. The Municipality shall comply with all applicable laws, regulations and safety guidelines relating to the MHSW Program Plan and assist Stewardship Ontario, as required, in providing information and reports to satisfr regulatory and reporting requirements relating to the MHSW Program Plan. The Municipality shall take all reasonable steps to ensure any Service Providers meet the same requirements. 9.1 9.2 Staff Report F2009-09 regarding Stewardship Ontario. File: ... Page 166 of 335 SCHEDULE'A' TO BY-LAW 2OO9-OI2 Program standards: Stewardship Ontario may develop, in consultation with participating municipalities, and revise from time to time standards or guidelines with respect to MSHW Services, in which case Stewardship Ontario shall provide copies of such standards to the Municipality. The Municipality shall comply, and shall use its best efforts to cause its Service Providers to comply, with any such standards or guidelines. Stewardship Ontario shall be responsible for any additional Phase 1 MHSW Post-Collection Services costs incurred by the Municipality for Post- Collection Services that meet any standards or guidelines revised by Stewardship Ontario after the effective date of this Agreement. Schedule F shall be amended to reflect any additional Phase 1 MHSV/ Post-Collection Services costs related to any such revised standards or guidelines. Site visits and audits: Upon reasonable notice, Stewardship Ontario or its agent shall have the right to enter upon any facilþ utilized by the Municipality for the MHSW Program Plan for the purpose of conducting inspections or compliance audits. The Municipality shall take all reasonable steps to ensure that Stewardship Ontario has the same rights in respect of any Service Provider used by the Municipality. Stewardship Ontario or its agent shall be accompanied by a representative of the Municipality for any such visits or audits. Information obtained by Stewardship Ontario pursuant to such inspections and audits shall be only be used for the purposes of this Agreement. 10.0 Indemnity and Insurance 10.1 Indemnity: Each party (the "Indemniffing Party") hereby indemnifies and saves harmless the other party (the "Indemnified Party"), its directors, offtcers, contractors, employees and agents, from and against any and all manner of actions or causes of actions, damages (but not including consequential damages), costs, loss or expenses of whatever kind (including related legal fees on a full indemnity basis) which the Indemnified Party, its directors, officers, contractors, employees and agents may sustain, incur or be put to by reason of or directly or indirectly arising out of any wilful misconduct or negligence of the Indemniffing Party or any person for whom the Indemniffing Party is, at law, responsible, in relation to matters arising out of this Agreement. 70.2 The Municipality shall, during the term of the Agreement, self-insure, maintain at its expense and/or require its Service Provider to maintain at either the Municipalþ's or Service Provider's expense Comprehensive General Liability coverage with limits of not less than $5,000,000 (five million dollars) per occuffence. For clarity, only the Municipality can selÊinsure. 10.3 The Comprehensive General Liability policy of insurance referred to in this section shall include Stewardship Ontario as an additional insured for acts committed by the named insured 10.4 Unless the Municipality wholly self-insures, the Municipality shall deliver a copy of Certificate(s) of Insurance maintained by the Municipalþ or a Service Provider 9.3 9.4 9 Staff Report F2009-09 regarding Stewardship Ontario. File: ... Page 167 of 335 SCIIEDULE'A' TO BY-LAV/ 2OO9-OI2 pursuant to this Agreement, upon the effective date of this Agreement, and annually upon renewal of the Municipality or Service Provider's insurance, naming Stewardship Ontario as an Additional Insured with the following language: "Stewardship Ontario and its affrliated entities, officers, partners, directors, employees, representatives and agents are included as Additional Insureds for Comprehensive General Liability. Such coverage is primary and non-contributing." 10.5 The Certificate(s) of Insurance, referred to in subsection 10.4, must also provide that the Municipality shall provide Stewardship Ontario with thirty (30) days advance written notice of cancellation, termination, non-renewal or material change. 11.0 Assignment l1.l The Municipality shall not subcontract or assign any of its rights or obligations under this Agreement or any part thereof without the prior written consent of Stewardship Ontario, which consent shall not unreasonably be withheld. ll.2 Notwithstanding subsection 11.1, the Municipality may assign any of its rights or obligations under this Agreement or any partthereof without the prior written consent of Stewardship Ontario : (a) From a Lower-tier Municipality to an Upper-tier Municipality or vice versa; (b) To a municipal service board pursuant to sections 194 to 202 of the Municipal Act, 2001, as amended; or (c) To a municipal business corporation pursuant to section 203 of the Municipal Act, 2001, as amended. 12.0 Notices Any notice, request, demand or other instrument or communication herein provided, permitted or required to be given by either Stewardship Ontario or the Municipality shall be in writing and sufüciently given if delivered personall¡ by facsimile transmission or other electronic means of written communication tested prior to transmission to the extent such testing is available (unless otherwise expressly provided herein) or if sent by registered mail to the following respective address hereinafter set out, namely: Notices to Stewardship Ontario shall be delivered to: Joyce Barretto, CEO, Stewardship Ontario 26 Wellington Street East Toronto, ON M5E 1S2 l0 Staff Report F2009-09 regarding Stewardship Ontario. File: ... Page 168 of 335 SCHEDULE 'A' TO BY-LAW 2OO9-OI2 Facsimile: Fax: 4 1 6-59 4-3463 Email : jbanetto@stewardshipontario.ca Notices to The Municipalþ shall be delivered to: o Municipality of Bayham o PO Box 160, 9344PlarkRoad o Straffordville ON NOJ 1Y0 Attention: o Kyle Kruger, CMO Facsimile: o 519-866-3884 Email:. kkruger@bayharr.on.ca Any such notice if delivered personally, by facsimile transmission or by other electronic means of written communication on a Business Day before 5 p.m. shall be conclusively deemed to have been given on the day of personal delivery, or facsimile transmission or electronic communication (and if after 5 p.m. E.T. the next following Business Day), or, if mailed as aforesaid, shall be conclusively deemed to have been received on the fifth (5th) business day following the day on which such notice is mailed as aforesaid (except during a postal strike in which case such notice shall be delivered personally). Either party may, at any time, give written notice to the other of any change of address of the party giving such notice and from and after the giving of such notice the address therein specified shall (in the absence of knowledge to the contrary) be deemed to be the address of such party for the giving of notices thereafter. 13.0 DisputeResolution l3.l If any dispute arises between the Parties as to amounts payable by Stewardship Ontario to the Municipality pursuant to this Agreement the Parties shall resolve the dispute pursuant to the dispute resolution process established by Waste Diversion Ontario, pursuant to section s(eXi) of the Act, as amended from time to time and described on Waste Diversion Ontario' s website (http ://www.wdo.ca). 13.2 If any other dispute arises between the Parties out of this Agreement: (a) The Parties shall attempt to resolve the dispute through designated representatives from each of Stewardship Ontario and the Municipality within thirty (30) days upon which written notice of the dispute was first given, or as otherwise agreed upon; (b) If the Parties are unable to resolve the dispute within the above period, the Municipality and Stewardship Ontario shall, within thirty (30) days thereafter, jointly select an arbitrator to arbitrate the dispute; and 11 Staff Report F2009-09 regarding Stewardship Ontario. File: ... Page 169 of 335 SCHEDULE 'A' TO BY.LAW 2OO9-OI2 (c)The arbitrator shall render a decision on the dispute and the award arising there from, in accordance with the Arbitration Act (Ontario) or the Municipal Arbitrations Act (Ontario), as applicable and as amended from time to time. 14.0 Termination l4.l If, in the reasonable opinion of either pa.rty, there has been a breach of this Agreement by the other party (the "defaulting party''), the Municipalþ or Stewardship Ontario (the "party giving notice") may give the defaulting party written notice to remedy the breach or default within sixty (60) days, failing which the Agreement may be terminated. In the event that the remedy of such breach reasonably requires more than sixty (60) days, the defaulting party shall so advise the party giving notice forthwith and provide a revised timeline for remedying the breach. The party giving notice shall notift the defaulting party in writing as to whether the revised time line is acceptable and, if it is, the revised time line to remedy such breach will apply. 14.2 Notwithstanding subsection 14.1, the Municipality may terminate this Agreement without cause upon delivery of six (6) months written notice to Stewardship Ontario. 14.3 Notwithstanding subsection 14.1, Stewardship Ontario may terminate this Agreement immediatelyupon written notice to the Municipality if: (a) The Municipalþ assigns or subcontracts any of its rights or obligations under this Agreement or any part thereof except as expressly provided for herein; and (b) A receiver or trustee is appointed for any part of the assets of Stewardship Ontario. 14.4 On the date of termination neither party shall have any obligations, financial or otherwise, hereunder save and except for matters arising prior to termination, which may involve obligations of the Parties after termination. f5.0 GeneralProvisions 15.1 All of the terms, covenants, conditions and other provisions contained herein and all of the obligations under or pursuant to this Agreement shall be binding upon and shall enure to the benefit of the Parties hereto and their respective successors and permitted assigns. 15.2 There are no representations, warranties, collateral agreements, or conditions affecting this Agreement, other than those expressed in writing herein. 15.3 This Agreement shall be govemed by and construed in accordance with the laws of the Province of Ontario. T2 Staff Report F2009-09 regarding Stewardship Ontario. File: ... Page 170 of 335 SCHEDULE 'A' TO BY-LAW 2OO9-OI2 15.4 This Agreement may be executed in counterpart, the counterpart copies of this Agreement together constituting a full, valid and binding Agreement among the Parties hereto. 15.5 In the event that any provision of this Agreement is determined by a Court of competent jurisdiction to be illegal or invalid or unenforceable for any reason whatsoever, such provision shall be severed from this Agreement and will not affect the legality or validity or enforceability of the remainder of this Agreement or any other provision hereof. 15.6 The rights, remedies and privileges in this Agreement given to the Parties: (a) are cumulative and any one or more may be exercised; (b) are without prejudice to and are in addition to and apply notwithstanding any other provisions in this Agreement; and (c) are not and shall not be dependent or conditional upon, or in any way lessened, restricted or affected by any other provisions of this Agreement. 15.7 No term, condition or provision hereof shall be or be deemed to have been waived by Stewardship Ontario or the Municipality by reason of any act, forbearance, indulgence, omission, or event. 15.8 Stewardship Ontario or the Municipality may, from time to time, waive the performance of the other Party of any provision of this Agreement, either before or after that performance is done, but a waiver is not effective or binding upon the Party providing the waiver, unless it is in writing and signed by the Party providing the waiver or under its authority, and does not limit or affect the Party providing the waiver's right with respect to any other breach or non-performance, whether prior or subsequent thereto. 15.9 Any Service Providers engaged by the Municipalþ to assist in providing MHSV/ Services shall be required by the Municipality to comply with and adhere to the terms and conditions, as applicable, of this Agreement. 15.10 Each pafy shall perform the acts, execute and deliver the writings, and give the assurances necessary from time to time to give fuIl effect to this Agreement. 15.11 This Agreement supersedes and replaces all oral and written communications between the Parties relating to the subject matter of this Agteement. I5.I2 Stewardship Ontario underst¿nds that if and whenever and to the extent that the Municipality shall be prevented, delayed or restricted in whole or in part in the fulfillment of any obligations under this Agreement by reason of strikes or work stoppages, failure of any service or utilþ whether or not under the Municipality's control, or by reason of any statute, law or regulation preventing, delaying or restricting this fulfillment, or inability to obtain arLy permission from any 13 Staff Report F2009-09 regarding Stewardship Ontario. File: ... Page 171 of 335 SCHEDULE 'A' TO BY.LAV/ 2OO9-OI2 governmental or other body having jurisdiction, or any cause beyond the Municipality's reasonable ability to control, the Municipality shall have no responsibility or liability for any loss or damage sustained by the Stewardship Ontario by reason thereof. 16.0 Signatures IN WITNESS \ilIIEREOF the Parties hereto have executed this A$eement as of the date stated in the Preamble to this Agreement. STE\ilARDSHIP ONTARIO Per: Joyce Barretto, CEO I/We have authority to bind Stewardship Ontario MUNICIPALITY OF BAYHAM Per: Name: Lynn Acre Title:Mayor Name: Lynda Millard Title: Clerk 'We have authority to bind the municipality. Per: t4 Staff Report F2009-09 regarding Stewardship Ontario. File: ... Page 172 of 335 July 30,2008 rJ\Juty\l(rlvù L\,, rVrL¡¡lIrJrP<lI lvlltù YY I)UCllg\r ^9ùPvUùrr./rrrry ¡1Ërç\,[ruul Schedule A - 2009 Services Municipality Name: Municipality of Bavham Address: PO Box 160,9344 Plank Road City/Town: Straffordville Postal Code:N0J 1Y0 WDO Program Code: Contact Person: Suzanna Dieleman Mantel Title: Treasurer Phone: 519-866-5521 Ext. E-mail: smantel@bayham.on.ca- MHSW Program Information Population Served: 6750 Total Households Served: 2502 Households Served: Single Family Multi Family By Curbside By Depot By Event Days 2478 Exempt Small Quantity Generators (Exempt SQG) Served: ! Yes X No Service Area (as per C of A):_IVA Program delivered by (may be shared): Municipality of Bayham- Residential Program: [l Free to residents I charge residents (include fee schedule) Exempt SQG Program: lFree to Exempt SQG ! charge to Exempt SQG (include fee schedule) 24 15 Staff Report F2009-09 regarding Stewardship Ontario. File: ... Page 173 of 335 July 30, 2008 Schedules to Municipal MHSW Shared Responsibility Agreement Table 1: 2009 Planned Permanent and Mobile Depot Operating Times Depot Locations Operating Days Operation Hours Total Annual Operating Days Permanent Mobile Months of Operation (a) Straffordville Public Works Yard Saturday after May long weekend 9:00 am- 2:00 pm I (b) (c) (d) (e) (Ð (e) (h) (D 16 Staff Report F2009-09 regarding Stewardship Ontario. File: ... Page 174 of 335 July 30, 2008 schedules to Mumclpal MH¡iw uhared KesponsrDlllty Agreement Tabte 222009 Planned Permanent and Mobile Depot Operational Activities Depot Locations Reuse Activitv Bulking MHSW (list) Oil Filter Compaction PCB Testing Storage Capacity Other (a) Straffordville Public Works Yard (b) (c) (d) (e) (Ð (g) (h) (Ð 17 Staff Report F2009-09 regarding Stewardship Ontario. File: ... Page 175 of 335 Table 3: MHSW MOE Waste Classes Permitted at each Ilepot Location¡ MOE Waste Classes (Ð (Ð Staff Report F2009-09 regarding Stewardship Ontario. File: ... Page 176 of 335 July 30,2008 ùvllçLlulçt LU rvrullr\,rPalt rvl[lù YY ùllallgll r\çòPUuJr.uruLJ r\Ërggursrrr Schedule B: Contract(s) Summary List all Contractors used for each depot location: Depot Locations Collection Contractor Disposal Contractor (s) by Waste Class (a) Straffordville Public Works Yard Clean Harbours Canada Inc Clean Harbours Canada Inc. (b) (c) (d) (e) (Ð (e) (h) (Ð T9 Staff Report F2009-09 regarding Stewardship Ontario. File: ... Page 177 of 335 July 30, 2008 ùoneoules ro rvrumclpal rvlftù w ùnafec KesponslDillty Agreement Contractor(s) Coordinates : 1. Contractor CompanyName: Clean Harbours Canada Inc Address: 1829 Allanport Road City/Town: Thorold, Ontario Postal Code: L2y 3V9 Contact Person;_þ4gþZgþlar Title: Phone: 905-680-7600 E-mail: Contract start date: Year-to-year basis Contract end date: Contract extension : Yes/Ì.[o. If Yes: possible extension period: Termination provisions: Notice period: ! Yes: termination notice period:nNo 20 Staff Report F2009-09 regarding Stewardship Ontario. File: ... Page 178 of 335 July 30,2008 .pan rvrnù YY ùu¿lfçu r\göpuuüruurLy frBrçç MHSW Management Methods: Please check off the MHSW Management Methods used by the contractors and downstream processors your contractors use to manage the MHSW received. Recycle Landf,rll Secure Landfill Fuel Blending Physical Chemical Treatment Other: Paints and coatings X Solvent X Solvent containers X Oil Filters X Oil Containers X Single Use Dry Cell Batteries X Antifreeze X Antifreeze Containers X Pressurized Containers X Fertilizers, Fungicides, Herbicides, Insecticides, Pesticides X solids X liquids Other: Inorganic acids X Other: Inorganic bases X 2t Staff Report F2009-09 regarding Stewardship Ontario. File: ... Page 179 of 335 July 30, 2008 Schedules to Municipal MHSW Sha¡ed Responsibility Agreement Other: Inorganic oxidizers X 22 Staff Report F2009-09 regarding Stewardship Ontario. File: ... Page 180 of 335 Schedule C - Actions Regarding Current And Future Service Provider Contracts 17.0 Modification of Existing Service Provider Contracts l7.l The Municipality shall obtain the following amendments to its Service Provider Contracts: (a) Separate pricing for each of the following Phase I MHSW Post-Collection Services (Ð paints and coatings and the containers in which they are contained; (iÐ solvents and the containers in which they are contained; (iiÐ single use dry cell batteries; (Ð pressurized containers, such as propane tanks and cylinders; (v) fertilizers and the containers in which they are contained; and (vÐ pesticides, fungicides, herbicides, insecticides and the containers in which they are contained. (b) Where existing Service Provider Contracts include the management of oil filters, oil containers, antifreeze and antifreeze containers (collectively referred to as "Automotive MHSW"), the Municipality agrees to take all reasonable steps to remove Automotive MHSW Post-Collection Services from its existing contract, enabling payment for such Automotive MHSV/ to be managed by Stewardship Ontario through its Transport and Processing Incentive System. (c) discontinue bulking of Phase I MHSV/ in accordance with Stewardship Ontario's Municipal MHSW Standard as amended from time to time and available on Stewardship Ontario's website ). Staff Report F2009-09 regarding Stewardship Ontario. File: ... Page 181 of 335 July 30, 2008 ¡icnedules to Mumclpal MHSW Shared Responsibility Agreement Schedule D - Proposed Changes and Improvements To MHS\ry Service [Note: modify paragraphs below as requiredJ 18.0 Expansion of MHSW Collection Services 18.1 The Municipality agrees to: (a) extend existing depot days/hours as follows: times, dates, locations) (b) open new collection sites as follows: (specify (dates, locations, MHSW qccepted, e.g. batteries and paint only) (c) operate additional collection events as follows: (dates, locations) (d) accept MHSW from other municipalities as follows: þrovide specifics including description of other municipalities, collection locations, types of MHSII', other information) 19.0 Range of MHSW accepted 19.1 The Municipality agrees to expand the types of MHSW accepted in its MHSW Collection Services as follows: 20.0 Accessibility to Collection Services 20.1 The Municipality agrees to take the following steps, including related amendments for Certificate(s) of Approval (C of As), to make its Collection Services accessible to more users as follows: (a) acceptance of paint and batteries from Exempt SQG as follows: (provide specifics including locations, types of MHS Il/, o the r i nfor m at i o n) 21.0 Reuse Programs 2l.l The Municipalrty agrees to commence/expand the MSHV/ reuse program as follows: 24 Staff Report F2009-09 regarding Stewardship Ontario. File: ... Page 182 of 335 July 30,2008 lP4r rvrnù w ùIrarsu Ã.Esp0[srDurry ¿l'gr9r Schedule E Roles & Responsibilities Regarding Promotion and Education 22.0 Local Promotion and Education Support 22.1 Stewardship Ontario shall provide funding in each year of the Agreement, as described in Schedule F, to be used by the Municipality in support of local promotion and education relating to MHSW, such as news releases, calendars, guides, flyers, newsletters, media (i.e. print and/or electronic, e.g. radio), visits to schools, community events. 22.2 The Municipality shall provide proof of these activities (including samples of materials created), on an annual basis following each calendar year end, or otherwise as Stewardship Ontario shall speciff. 23.0 Depot and Event Advertising 23.1 Stewardship Ontario shall schedule and pay directly for the costs of newspaper advertising that are solely for Phase 1 MHSW for local depots or events of the Municipality, provided that the Municipality submits aprior wriüen request. Any such request shall be limited to a maximum of three local newspaper advertisements per depot or for up to two (2) events. 23.2 Stewardship Ontario shall use a standard, reasonably sized, advertisement template modified to include required information about depots or events or the Municipality may, at its own cost, develop the advertisement design subject to the approval of Stewardship Ontario. 24.0 MHS\il Provincial Promotion and Education 24.1 Stewardship Ontario shall provide promotion and education for the MHSW program in accordance withthe MHSW Program Plan. 25 Staff Report F2009-09 regarding Stewardship Ontario. File: ... Page 183 of 335 July 30,2008 Schedules to Municipal MHSV/ Shared Responsibility Agreement Schedule F - Financial Arrangements 1. Reimbursable MHSW Services 1.1 The Parties shall perform the following tasks to enable the Municipality to submit an invoice for reimbursable MHS'W Services as follows: 1.1.1 The Municipality must invoice Stewardship Ontario by submitting, on a quarterly basis, the Municipal MHSV/ Report administered by WDO and submit an invoice that includes the Municipal MHS\M Report Summary generated automatically upon submission and referencing the purchase order number provided in the Summary. 1.1.2 In order to receive payment of any invoice submitted, the Municipality must provide all of the information required by the Municipal MHSW Report. 2. Financial Arrangements for Promotion and Education 2.7 T\e Muricipality shall receive a share, as described in this Schedule F, of the $600,000 fund ("Local P&E Fund") provided by Stewardship Ontario for local promotion and education activities (as described in Schedule E) for the period July l, 2008 to June 30, 2009. 2.2T}ire Local P&E Fund, less 10 Yo, shallbe distributed among municipalities entering into MHSW program agreements with Stewardship Ontario by December 15, 2008. Any reference to municipality or municipalities in this Schedule F includes local service boards or other entities entering into MSHW Shared Responsibility Agreements with Stewardship Ontario. 2.3 The Local P&E Fund shall be divided on a per household basis, subject to a minimum of $1,000 per municipality. 2.4 Tenpercent of the Local P&E Fund shall be held in reserve to provide funding, at the same rate per household (subject to the $1,000 minimum), for any MHSW programs initiated by a municipality which begins an MHSW program between January 1 and June 30,2009, ("New 2009 Programs") provided that the Municipality enters into an Agreement on or before June 30, 2009 andthe Municipality did not operate an MHSW program in calendar year 2008. If the 10% reserve is not suffrcient to allow the same rate to be paid to New 2009 Programs, then New 2009 Programs shall be limited to their respective share of the amount available in the 1004 reserve. 2.5 Any unused balance of the 100/o reserve shall be distributed after June 30, 2009 on a per household basis among all participating municipalities except those municipalities subjectto the minimum $1,000 payment. 26 Staff Report F2009-09 regarding Stewardship Ontario. File: ... Page 184 of 335 July 30, 2008 2.6 Any municipality which operated an MHSW program in 2008 but does not enter into an MHSW Shared Responsibility Agreement with Stewardship Ontario by December 15, 2008 shall not share in the Local P&E Fund which is allocated for the period July 1, 2008 to June 30,2009. 2.7 Municipalities receiving the minimum $1,000 amount shall be paid in one instalment at the time of reimbursement to the municipality for the quarter ending December 31, 2008, while municipalities receiving more than the minimum $1,000 shall be paid in two instalments at the time of reimbursement to the municipality for each of the quarters ending December 31, 2008 and June 30,2009. 2.8 The number of households shall be calculated using data obtained from the Municipal Property Assessment Corporation or other data source as selected by Stewardship Ontario. The household count shall include all municipalities that have entered into MHSW shared responsibility agreements. 2.gPayments shall be made by Stewardship Ontario to the Municipality and it shall be the responsibility of the Municipality to make any redistribution required among other municipalities or entities utilizing the MHSW services provided by the Municipality. 27 Staff Report F2009-09 regarding Stewardship Ontario. File: ... Page 185 of 335 Page 186 of 335 q(h) CORPORATION OF THE MUNICIPALITY OF BAYHAM STAFF REPORT TO: Mayor & Members of Council FROM: Suzanna Dieleman Mantel, Treasurer SUBJECT: Municipal Eco Challenge Fund DATE: January 14,2009 FILE: Fll NUMBER: F2009-04 Background Last spring, staff applied to the Ministry of Energy for a grant from the Municipal Eco Challenge Fund. This program is intended for improving energy efficiency within municipal buildings and infrastructure. The municipality's application requested grants to undertake energy audits/studies of three of our facilities - the Straffordville works yard, the Straffordville Community Centre and the Sewage Treatment Plant. These studies are required prior to accessing any fuither grants that may be available for retro- flts, building improvements, etc. Discussion The audits were conducted by Stantec Consulting and their findings are included in the attached report. Many of their recoÍìmendations are simple changes to our maintenance programs at the facilities. Significant recommendations include upgrading the water heater at the community centre, changing the primary heat source for the wastewater treatment plant offrce/lab areas and upgrades at the public works building. Stantec recontmends insulating and cladding the exterior of the building as well as upgrading one of the heat sources for the original portion of the building. These recommendations can be reviewed in detail within the report and individual upgrades will be included in budget deliberations. There is the potential of receiving additional MECF grant funding for some of these upgrades. Recommendation That the Energy Management Evaluation and Feasibility Study dated December 12,2008 and prepared by Stantec Consulting Ltd. be received And that staff be directed to incorporate the relevant recommendations in the draft.2009 budget for council consideration. Staff Report F2009-04 regarding Municipal Eco Challenge Fund... Page 187 of 335 Staff Report F2009-04 regarding Municipal Eco Challenge Fund... Page 188 of 335 Energy Management Evaluation & Feasibility Study The Municipality of Bayham Prepared for: Suzanna Mantel Municipality of Bayham Bayham Municipal Office 9344 Plank Road Staffordville, ON NOJ 1Y0 Prepared by: Stantec Consulting Ltd. 49 Frederick Street Kitchener, ON N2H 6M7 Staff Report F2009-04 regarding Municipal Eco Challenge Fund... Page 189 of 335 Stant€c ENERGY MANAGEMENT EVALUATION & FEASIBILITY STUDY THE MUNICIPALITY OF BAYHAM Table of Gontents I.O INTRODUCTION PUBLIC WORKS.... 1.1 2.0 2.1 2.2 2.3 2.4 3.0 3.1 3.2 3.3 3.4 4.0 4.1 4.2 lmt e:\1 039!reportvpt_l 0393_1 61 0bayhâm+nergyevalfeas_dec'l 2_08 doc Staff Report F2009-04 regarding Municipal Eco Challenge Fund... Page 190 of 335 Stantec ENERGY MANAGEMENT EVALUATION & FEASIBILITY STUDY THE MUNICIPALITY OF BAYHAM 5.0 coNcLUSloNs APPENDIX A EQUIPMENT LIST lmt e:V 03ggreportvpt_1 0393_1 6'l 0Þayhâm€nergyevâlfeas_decl 2-08.doc Staff Report F2009-04 regarding Municipal Eco Challenge Fund... Page 191 of 335 Stantec ENERGY MANAGEMENT EVALUATION & FEASIBILIW STUDY THE MUNICIPALITY OF BAYHAM 1.0 lntroduction The Municipality of Bayham has requested that Stantec Consulting Ltd. (Stantec) perform an energy audit of three buildings: Bayham Community Center, Public Works Building, and the Waste Water Treatment Facility. The energy audit is to include and meet the requirements of a "feasibility study" as defined by the Municipal Eco Challenge Fund (MECF). The requirements for a "feasibility study" as defined by the MECF are as follows: . Breakdown of current energy use by end-use type. . Describe physical characteristics of the building. . List major equipment in use prior to the retrofit. . Provide sufficient technical information on the showcase technology (non-commercialized technology), and offer an analysis of the recommended energy-saving benefits. The MECF will consider funding for two types of projects: standard retrofit and showcase/demonstration retrofit. Standard retrofit projects willcover 25o/o of the project cost up to a maximum of $100,000.00. Showcase/demonstration retrofit projects will cover 50% of the project cost to a maximum of $500,000.00. Upon approval, 50% of the funds will be provided up front with the balance paid upon project completion. We have included an estimate of the funds available for each opportunity and worked it into the project total to show the after-funding opinions of probable payback results. ln addition to the MECF, Union gas offers an incentive program called "Commercial Energy Efficiency lncentives". Based on any recommendations that are chosen to be implemented, the incentive can fund 0.05$/m3 saved of natural gas. At the time of the site investigation and subsequent analysis, detailed and accurate facility drawings were not available. As such, a detailed energy modelwas not constructed to aide in the analysis of energy saving opportunities. lmt e:\1 0393{eport\rpt_1 0393_'l 6 I 0bâyham€nergyevâlfeâs_dec1 2_08.doc 1.1 Staff Report F2009-04 regarding Municipal Eco Challenge Fund... Page 192 of 335 Stantec ENERGY MANAGEMENT EVALUATION & FEASIBILITY STUDY THE MUNICIPALITY OF BAYHAM 2.0 Bayham Gommunity Gentre The Bayham Community Center is a facility where events are held year round. The building is comprised of an office, main hall, kitchen, and other smaller rooms used for events. Events are reported to be held approximately thirty times per year in the main hall. The smaller rooms' usage varies from approximately 1-2 times per week for half the year to 1-2 times per month for the balance of the year (in each case for a couple hours). 2.1 FACILITY DESCRIPTION 2.1.1 Architectural Overallthe building dimensions are approximately 51'x114'including the offices and main hall. The building has seven windows with approximate dimensions of 5'x4' each. The windows located in the office and the main hall second floors are comprised of Tz" double pane glass with a vinyl frame. Glazing is approximately 15% of the office room walls and 15o/o of the second floor room walls. The walls are comprised of aluminum siding, 8" block wall, 4" insulation and /"" drywall. lts approximate dimensions are 51'x60'x20'. The basement is made out of 8" concrete wall and does not have any windows. lts approximate dimensions are 51'x51'x9'. lt is to be noted that all doors are reported to be kept closed, even during events. 2.1.2 Mechanical ln the kitchen on the first levelthere is a stack oven, stove, air conditioning unit and two foster refrigerators. Both the oven and stove are Garland units model number G-280 and GV-288, respectively. The GV-288 model has ten burners and two ovens. This GV-288 model is obsolete but the G-280 is still being manufactured. Maintenance is done on both units regularly and both were inspected and reported to be in good working condition in recent months prior to the energy audit. Only during events are the stove and oven used (for approximately 12 hours per event). During the site evaluation it was reported that the wall mounted air conditioning (A/C) unit was no longer in use. The two Foster refrigerators are model QH-48-T and were manufactured at some point during the past ten years. Heating and cooling for the main hall is provided by two HVAC units with the aid of six ceiling fans for air circulation. The two HVAC units are located outside at the back of the building. Both are manufactured by Carrier, are approximately five years old and in good working condition. Each unit has an input of 250,000 BTU and output of 200,000 BTU which makes them 80% efficient. The HVAC units are used during events held at the community center. The fans are set to low allyear round for air circulation, with the exception of being set to high during events. lmt e:\'l 0393-reportvpLl 0393_1 6'l 0bayham+nergyevalfeas_decl 2_08 doc 2.1 Staff Report F2009-04 regarding Municipal Eco Challenge Fund... Page 193 of 335 Starit€c ENERGY MANAGEMENT EVALUATION & FEASIBILITY STUDY THE MUNICIPALITY OF BAYHAM Daynam uommunrly uenrre The rest of the building is heated using baseboard heaters at sporadic intervals. Off of the main hall there is a room used for event storage. The room contains one baseboard heater 6 T.' long with no data plate visible. The frequency usage of this baseboard heater is two hours twice a week during events for half the year. The heating in the basement is provided by baseboard heaters. There are four baseboard heaters in total, all of which are Chromalox. Two of the baseboard heaters are model 83-9820 using 6,824 BTU and two are 83-9822 using 7,677 BTU. It was reported that the four baseboard heaters run on a very low frequency of an hour per week. The upper level of the community center has six baseboard heaters, four of which are Chromalox 83-9820 models using 6,824 BTU each. The other two are Chromalox 83-7415 at 3,840 BTU and BN9322W31 at 6,786 BTU. Again, it was reported that all six baseboard heaters are used approximately two hours per day, 1-2 days per year. Unfortunately, severat rooms including the site office were not available for review at the time of the site inspection. lt was reported at that time that they were heated using baseboard heaters controlled by a local thermostat. ln the basement there are two hot water heaters, a water softener unit, and a sump pump. Both hot water heaters are S0-gallon and are manufactured by GSW. The water heaters were observed to be older models being manufactured in 1992 and 1996. The sump pump operates at 68% efficiency at a low frequency of use. The water softener is a 10" Quadra HullTank manufactured by Culligan. 2.1.3 Electrical The building's main electrical service and distribution equipment is located in the basement main electrical room. The main service is 6004, 208V, 3<Þ, 4W and originates from a Hydro One pole mounted transformer located just outside the building. The capacity of the services is appropriate for the building's usage and size. Throughout the Community Centre the interior lighting consists of incandescent and T12 fluorescent lamps. It was noted during the inspection that the exit signs use incandescent lamps. 2.2 OPPORTUNITIES FOR ENERGY EFFICIENCY IMPROVEMENTS 2.2.1 Architectural The existing wall mounted A/C unit located in the kitchen was reported to be obsolete. As a means to reduce the potential for air leakage from the building, the A/C unit should be removed and the wall patched. ln addition to the removal of the existing and obsolete A/C unit, general improvements to the facilities building envelope can be undertaken as part of the routine maintenance activities. lmprovements may include caulking, weather stripping, etc. lmt e:\l 0393-reportvpL'l 0393_1 6 1 0bayham+nergyevalfeas_dec'l 2_08.doc 2.2 Staff Report F2009-04 regarding Municipal Eco Challenge Fund... Page 194 of 335 Stantec ENERGY MANAGEMENT EVALUATION & FEASIBILITY STUDY THE MUNIGIPALITY OF BAYHAM Bayham Community Centre 2.2.2 Mechanical The existing commercial stove and oven are used only during events. Stove/oven technology hasn't changed significantly over the last number of years. However, it is possible that replacing them with new, more effìcient units could reduce the net energy used during events. Traditional tank-type water heaters maintain a set water temperature. Over time, the stored water temperature decreases requiring additionalthermal input to maintain the set temperature. This additional energy is referred to as stand-by loss. Since this facility is not occupied continuously, these losses make up a more significant proportion of the overall energy required for domestic hot water. As such, there are possible energy savings by replacing the water heaters with more energy efficient equivalents. Since the sump pump runs intermittently there is negligible potentialfor energy savings. lt is recommended however that when the pump reaches the end of its operating life that it is replaced with a standard 85% efficient pump. 2.2.3 Electrical Replacement of all incandescent and T12 fluorescent (40W per lamp) with Philips energy advance long life fluorescent T8 (28W per lamp)with Advance optanium programmed start ballast or T5 fluorescent lamps (54W per lamp), would result in measurable energy savings. Retrofit kits are available to replace T12 lamps to T8 (ballast and lamps). However to change to T5 lamps would require purchasing new light fixtures. The lighting layout should be reviewed by an engineer because the quantity of fixtures could be reduced. Changing incandescent lamps with compact fluorescent lamps can be done with a minimal cost of the lamp, however, if dimmíng is required, fixtures may need to be replaced. LED exit signs require little to no maintenance and consume approximately 94% less power. LED retrofit kits are also available for the exit signs however, the surface illumination of the retrofitted exit sign may be compromised compared to a properly designed LED exit sign. 2.3 DISCUSSION OF PAYBACK ANALYSIS 2.3.1 Architectural To increase the energy efficiency of the windows, re-caulking is recommended. Also since the A/C unit in the kitchen is not in use, warm air can escape around it. To reduce the amount of energy lost, the air conditioning unit should be taken out and the remaining hole patched. Due to the nature of the deteriorating caulking and the air escaping around the air conditioning unit it is difficult to provide an accurate savings. A general rule is that 3-5% of heating costs can be saved by proper repairs to the building envelope. lmt e:\1 0393{epolvpLl 0393_1 61 0bayham€nergyevalfeas_dæ12_08.doc 2.3 Staff Report F2009-04 regarding Municipal Eco Challenge Fund... Page 195 of 335 Stantec ENERGY MANAGEMENT EVALUATION & FEASIBILITY STUDY THE MUNIGIPALITY OF BAYHAM Bayham Community Centre 2.3.2 Mechanical Garland Stove and Stack Oven Opinion of Probable Cost Summary: Equipment Type Equip. Gost lnstall Gost Eng Cost MECF Total Project Cost New Natural Gas Stove (Garland G60-10RR)$5,000.00 $480.00 $o.oo $1,370.00 $4,110.00 ElectricalStove (Garland 5684)$6,473.00 $2,330.00 $1,500.00 $2,576.00 $7,727.00 The existing natural gas Garland GV-288 oven has a rated input of 20,000 BTU/burner and 35,000 BTU/oven. The actual natural gas consumption for this unit is not metered and therefore cannot accurately be compared for gas consumption. ln addition, the operation frequency is not consistent and is used only for events. Given the variable use and non-metered input for comparison, it is assumed that during use all ten burners and two ovens are being used to their fullcapacity (12 hours per event). The Garland G60-1ORR is the current equivalent replacement gas model. The ten burners consume 33,000 BTU/burner. The overall consumption per BTU/burner is higher and would result in an increase in energy consumption per year. lt is noted that the heat transfer from the burner to the object being heated is reported to be more efficient. This transfer is not quantifiable for comparison from the old unit to the replacement unit and therefore the comparison is done at full capacity. Therefore no project payback occurs as shown in the table below. Converting the current gas stove to an electric equivalent (Garland 5684) is also an option for energy savings. The overall kW demand for the 5684 is 27 kW and results in a net energy savings as shown in the table below. Switching from gas to an electrical unit has a significant increase in installation cost and has an engineering cost associated with the implementation. lt is to be noted that when using an electrical stove the transfer efficiency is based on the amount of surface contact with the heating element. Therefore the energy savings shown in the table below might not be obtained if the heating element surface isn't being utilized to its full capacity. The G-280 is a stack which is used in addition to the stove. This unit has two ovens and operates at a total BTU consumption of 75,000 BTU. Replacement Garland units operate at 80,000 BTU. The increase in energy consumption leads to no payback. Similarly, newer Garland ovens have an increase transfer of heat to the object being heated, but not quantifiable for a payback calculation. 2.4lmt e:\'l 039lreportvpt_1 0393_'l 61 0bayhem€nergyevâlfeas_dec'12_08 doc Staff Report F2009-04 regarding Municipal Eco Challenge Fund... Page 196 of 335 Staritec ENERGY MANAGEMENT EVALUATION & FEASIBILITY STUDY THE MUNICIPALITY OF BAYHAM Bayham Community Centre Equipment Type Total Project Gost Energy Savings per year Project Payback Replacement Natural Gas Stove (Garland G60-l0RR)$4,1 10.00 Electrical Stove (Garland 5684)$7,727.00 $290.00 27 Simple Payback Calculation Summary: Water Heaters Equipment Type Equipment Gost lnstallation Gost Engineering Cost MECF Total Project Cost New Tank Water Heater $2,098.00 s400.00 s625.00 $1,874.00 Tank-less Water Heater $2,800.00 $1,600.00 $1 ,100.00 $3,300.00 The current water heaters are GSW models that are obsolete. lt was reported by the manufacturer that their approximate efficiency is 50% which is less than the manufactured efficiency of 75o/o, due to the age and assumed fouling of the units. The energy factor is approximated to deteriorate the same as the efficiency of the hot water heater. Both water heaters are close to the end of their operating life and their replacement would result in net energy savings. Two feasible options are to replace the existing water heaters with either a new, standard tank-type water heater, or an instantaneous (tank-less) water heater. The installation of a new standard tank-type water heater would result in a decrease in energy consumption per year due to the improved burner efficiency and energy factor. The efficiency and energy factor of a new standard tank-type water heater would be as much as 75% and 0.58 respectively. This would result in a 40% decrease in energy consumption per year as shown in the table below. Similarly, the installation of an instantaneous (tank-less) water heater would result in considerable energy savings. The efficiency and energy factor of an instantaneous (tank-less) water heater is 95% and 0.94 respectively. Unlike the straight replacement of the existing water heaters with new equivalents, the installation of new instantaneous water heaters would also require a minor increase in installation costs. lmt e:\1 0393-reportvpLl 0393_1 6'l 0bayham+nergyevalfeas_dec12_08 doc 2.5 Staff Report F2009-04 regarding Municipal Eco Challenge Fund... Page 197 of 335 Stantec ENERGY MANAGEMENT EVALUATION & FEASIBILITY STUDY THE MUNICIPALITY OF BAYHAM Bayham Community Centre As it was noted at the time of the site investigation that the events held at the community center vary, so too does the overallfacility's hot water requirements. Since a standard tank-type hot water heater is unable to adjust its operating parameters when the facility is unoccupied, it continues to maintain a set hot water temperature. Heat loss associated with maintaining a set water temperature in the tank is known as standby loss. Alternately, instantaneous water heaters only generate hot water when it is required, eliminating potential costly standby losses. Note that all calculations for payback have been completed using the equipment's documented energy factor. The energy factor takes into account the overall energy use of a water heater over the course of a standard year. Since the hot water demand for this type of facility is expected to be less than a standard consumption per year, savings greater than those indicated would be anticipated. Equipment Type Total Project Gost Energy Savings per year Project Payback New Tank Water Heater $1,874.00 $515.00 4 Tank-less Water Heater $3,300.00 $810.00 4 2.3.3 Electrical Payback analysis has been completed for each opportunity noted above in Section 2.2.3.The following tables summarize the estimate of probable equipment costs, offset energy costs, and simple payback results. ln general, each opportunity has been evaluated on a per item basis. ln reality, should multiple projects/items be implemented in parallel, it is conceivable that savings could be found in the installation costs. Opinion of Probable Cost Summary: Equipment Type Equipment cost [$l lnstallation Gost * f$l Total Project Gost [$l LED exit $50.00ea $120.00ea $170.00 ea T12-18lamp retrofit $85.0Oea $120.00ea $205.00ea New T5 fixtures **$'150.00ea $120.00ea $260.00ea lncandescent to com pact fluorescent lamps $8.00ea $10.00ea $18.0Oea Dimmable compact fluorescent **$150.00ea $120.0Oea $260.00ea *lnstallation cost is based on a per unit basis, and can be expected to decrease per unit if multiple projects are completed at the same time. **Engineering is recommended to ensure the design parameters. Engineering costs have not been included. lml e:\1 0393{eportvpLl 0393_1 6'l 0bayham€nergyevalfeas_dec12_08.doc 2.6 Staff Report F2009-04 regarding Municipal Eco Challenge Fund... Page 198 of 335 Stantec ENERGY MANAGEMENT EVALUATION & FEASIBILITY STUDY THE MUNICIPALITY OF BAYHAM Bayham Community Centre Simple Payback Calculation Summary: Equipment Type Total Project Cost t$t Energy Savings [$] per year Project Payback [yr] LED exit sign $170.00ea $21.04 ea 8.0 T12-TS lamp retrofit $205.0Oea $17.69 ea 11.5 New T5 fixtures $260.00ea $16.80 ea 15.5 lncandescent to comoact fluorescent lamps $18.00ea $10.51 ea 1.7 Dimmable compact fluorescent $260.00ea $10.51 ea 24.7 2.4 DISCUSSION OF RECOMMENDATIONS Throughout the course of the review several opportunities for energy reduction were identified and analyzed for architectural, mechanical, and electrical applications. The following energy savings measures are recommended based upon the analysis presented above. . The architectural improvements of re-caulking the windows and removing the air conditioning unit are recommended. Both are recommended due to immediate benefits of no energy loss to the outside. . Replace existing water heater with a tank-less equivalent which in comparison with traditionaltechnology, will provide the greatest overall energy savings. . Replace the existing exit signs as they failwith new LED exit signs. . Retrofit existing fluorescent T12 lamps with new fluorescent TB lamps. . Replace existing non-dimmable incandescent lamps with compact fluorescent lamps. lmt e1'l 039}reportvpLl 0393_'l 6'l obayham€nergyevalfeas_dec'l 2_08.doc 2.7 Staff Report F2009-04 regarding Municipal Eco Challenge Fund... Page 199 of 335 Stantec ENERGY MANAGEMENT EVALUATION & FEASIBILITY STUDY THE MUNICIPALITY OF BAYHAM 3.0 Public Works The Public Works building is used for municipal services. lt houses many vehicles used for municipal services such as snow removal. The building is comprised of three main sections. The front section is the older part of the building and contains space for tools and vehicles. ln addition there is a small mezzanine levelwhere the break room, bathroom, and storage room are located. A new addition was added to the building approximately ten years ago and is connected to the front of the building by a hallway. The hallways and addition are also used for vehicle storage. 3.I FACILITY DESCRIPTION 3.1.1 Architectural The front side of the building is made of 12" double block wall. lt has six overhead doors that are approximately 12'x14'and are kept closed during in the winter months. The front side approximate dimensions are 100'x40'x15'. The hallway that attaches the front to the new addition is approximately 80'x20'x12'. There are two overhead doors on each side of the hallway that are approximately 12'x10'. The new addition is built out of steel columns, aluminum siding, and 4" insulation and approximate dimensions are 80'x40'x15'. The addition has two overhead doors approximately 12'x1 4' . 3.1.2 Mechanical The Public Works building is heated using a combination of infrared heaters (lR), unit heaters, a makeup air unit and baseboard heaters. The main floor at the front of the building has three infrared heaters and three unit heaters. All three infrared heaters are manufactured by Superior Radiant Products. Each infrared heater is rated at 125,000 BTU per 30' length and operates at 82o/o eÍficiency. The makeup air unit is manufactured by Modine and model#GHG240AB which has an input of 240,000 BTU and operates al80% efficiency. lt distributes warm air via an air sock duct to the original section of the Public Works building. On the opposite end of the building to the Modine makeup air unit, in a separate bay, are two Chromalox unit heaters. lt was reported that the Modine makeup air unit is controlled via a thermostat mounted in the separate bay on the opposite end of the building. Duríng the site evaluation, it was noted by building occupants that the separate bay was typically 'cold', resulting in the makeup air unit running continuously during the heating season. The upper floor in the front of the building is heated by two baseboard heaters. One is located in the bathroom and the other in the break room. Both heaters are Dimplex baseboard heaters. lt has been reported that they are only used in the winter and are set to low. The hallway has one infrared heater manufactured by Space Ray. lts input is 175,000 BTU. The new addition has two infrared heaters both manufactured by the same company, Superior Radiant Products. They are rated at 150,000 BTU at 30'and operating at82o/o efficiency. The infrared heaters are reported to be used during the cold months all day every day to heat up the vehicles and the building. It w:\act¡ve\'l 61 01 0393\projecLmanagementveportvpt-í 0393-16 1 0bayham-energyevalfeas-decl 2-08 doc 31 Staff Report F2009-04 regarding Municipal Eco Challenge Fund... Page 200 of 335 Stantec ENERGY MANAGEMENT EVALUATION & FEASIBILITY STUDY THE MUNICIPALITY OF BAYHAM 3.0 Public Works The Public Works building is used for municipal services. lt houses many vehicles used for municipal services such as snow removal. The building is comprised of three main sections. The front section is the older part of the building and contains space for tools and vehicles. ln addition there is a small mezzanine levelwhere the break room, bathroom, and storage room are located. A new addition was added to the building approximately ten years ago and is connected to the front of the building by a hallway. The hallways and addition are also used for vehicle storage. 3.I FACILITY DESCRIPTION 3.1.1 Architectural The front side of the building is made of 12" double block wall. lt has six overhead doors that are approximately 12'x14'and are kept closed during in the winter months. The front side approximate dimensions are 100'x40'x15'. The hallway that attaches the front to the new addition is approximately 80'x20'x12'. There are two overhead doors on each side of the hallway that are approximately 12'x10'. The new addition is built out of steel columns, aluminum siding, and 4" insulation and approximate dimensions are 80'x40'x15'. The addition has two overhead doors approximately 12' x1 4' . 3.1.2 Mechanical The Public Works building is heated using a combination of infrared heaters (lR), unit heaters, a makeup air unit and baseboard heaters. The main floor at the front of the building has three infrared heaters and three unit heaters. Allthree infrared heaters are manufactured by Superior Radiant Products. Each infrared heater is rated at 125,000 BTU per 30'length and operates at 82o/o efficiency. The makeup air unit is manufactured by Modine and model#GHG240AB which has an input of 240,000 BTU and operates al80% efficiency. lt distributes warm air via an air sock duct to the original section of the Public Works building. On the opposite end of the building to the Modine makeup air unit, in a separate bay, are two Chromalox unit heaters. lt was reported that the Modine makeup air unit is controlled via a thermostat mounted in the separate bay on the opposite end of the building. During the site evaluation, it was noted by building occupants that the separate bay was typically 'cold', resulting in the makeup air unit running continuously during the heating season. The upperfloor in the front of the building is heated by two baseboard heaters. One is located in the bathroom and the other in the break room. Both heaters are Dimplex baseboard heaters. lt has been reported that they are only used in the winter and are set to low. The hallway has one infrared heatermanufactured by Space Ray. lts inputis 175,000 BTU. The newaddition hastwo infrared heaters both manufactured by the same company, Superior Radiant Products. They are rated at 150,000 BTU at 30'and operating al82% efficiency. The infrared heaters are reported to be used during the cold months all day every day to heat up the vehicles and the building. It w:\act¡ve\16 1 0'l 0393þroject_managementveportvpl_1 0393_1 ô1 0bayham-energyevalfeas_dec1 2_08 doc 31 Staff Report F2009-04 regarding Municipal Eco Challenge Fund... Page 201 of 335 Stantec ENERGY MANAGEMENT EVALUATION & FEASIBILITY STUDY THE MUNICIPALITY OF BAYHAM Public Works ln the front of the building there is a water heater, two water softeners units, and an air pump. The water heater is electric and was manufactured in 2003 by John Wood (Model#JW525TF1). This model has a manufactured thermal efficiency of 97o/o and an energy factor or 0.90. 3.1.3 Electrical Throughout the Public Works building the lighting consists of incandescent and T12 fluorescent lamps. It was noted during the inspection that the exit signs contain incandescent lamps. 3.2 OPPORTUNITIES FOR ENERGY EFFICIENCY IMPROVEMENTS 3.2.1 Architectural The Public Works building has ten overhead doors where the installation of air curtains may be possible. Reducing the volume of warm air that escapes when the doors are open represents an opportunity for energy efficiency improvement. It was observed during the site evaluation that the original structure was not insulated. The installation of insulation, to match what was included with the construction of the addition, would reduce the amount of thermal energy lost to conductive heat transfer through the building envelope. 3.2.2 Mechanical Both Chromalox unit heaters are in good working condition and should be replaced when the element fails. All three unit heaters are sufficient to heat the front part of the utility works building when all doors are closed. The main energy loss is during the period of time when the overhead doors are open. Significant energy loss occurs during this time and has potentialfor energy savings. It was reported during the site evaluation that the Modine unit seemed to run nearly continuously during the heating season due to poor controls. Given its age and documented operating efficiency, addressing the control issue as well as evaluating more energy efficient alternatives presents an opportunity for energy savings. Given the age of the water heater, the efficiency and energy factor has been estimated to be slightly less than manufactured standards and presents no significant energy savings for a replacement unit. Both water softener units draw a small amount of energy and therefore present no significant energy savings. The air pump feeds two well mate water tanks and is reported in good working condition. This air pump is fairly new and draws a low amount of energy. No significant measurable savings would arise from replacing the existing unit. lml e:\'l 0393{eporlvpLl 0393_1 6l 0bayham+nergyevalfeâs_decl 2_08.doc 3.2 Staff Report F2009-04 regarding Municipal Eco Challenge Fund... Page 202 of 335 Stantec ENERGY MANAGEMENT EVALUATION & FEASIBILITY STUDY THE MUNICIPALITY OF BAYHAM Public Works 3.2.3 Electrical Replacement of all incandescent and T12 fluorescent (40W per lamp) with Philips energy advance long life fluorescent T8 (28W per lamp) with Advance optanium programmed start ballast or T5 fluorescent lamps (54W per lamp), would result in measurable energy savings. Retrofit kits are available to replace T12 lamps to TB (ballast and lamps). However to change to T5 lamps would require purchasing new light fixtures. The lighting layout should be reviewed by an engineer because the quantity of fixtures could be reduced. Changing incandescent lamps with compact fluorescent lamps can be done with a minimal cost of the lamp, however if dimming is required, fixtures may need to be replaced. LED exit signs require little to no maintenance and consume approximalely 94% less power. LED retrofit kits are also available for the exit signs, however, the surface illumination of the retrofitted exit sign may be compromised compared to a properly designed LED exit sign. 3.3 DISCUSSION OF PAYBACK ANALYSIS 3.3.1 Architectural Air Curtains Opinion of Probable Cost Summary: Equipment Type Equipment Gost lnstallation Gost Engineering Cost MECF Total Project Gost 10 US-144 Air Curtains $131 ,260.00 $12,000.00 $1,500.00 $35,815.00 $'107,445.00 4 US-"|44 Air Curtains $52,504.00 $4,800.00 $1,500.00 $14,326.00 $42,978.00 The Public Works building has ten overhead doors where the installation of air curtains is possible. Air curtains are designed to keep the heat in and the cold out when the door is open. This is an effective way to keep the heat in as the Enershield US-144 air curtains are 90% efficient. The approximate savings is 75% of the cost it takes to heat the air. Another factor that has to be taken into account is the electricity draw of the air curtains. US-144 fans are 15HP and the approximate cost per year to run one unit is $570.00. lnstallation cost is approximately $1,200.00 per unit. The project cost summary for retrofitting all the ten overhead doors is shown in the table above. Given the project cost of retrofitting ten air curtains and the energy savings as shown in the table below, the project payback exceeds the expected life span of the equipment (approximately 20 years). Another case is also evaluated of installing only four air curtains. The feasibility of installing only four air curtains is contingent on limiting the use of specific doors. One is the installation of three air curtains in the original section and one air curtain in the new addition. The main gas use in the winter is from the Modine heater located in the front of the building. lnstalling three air curtains to three overhead doors and limiting the six front overhead doors use to only those select three doors could save a substantial amount of energy. lmt e:\1 0393-reportvpt-1 0393-'1 6'1 0bayham-energyevalfeas-dec'l 2-0E doc 3 ' 3 Staff Report F2009-04 regarding Municipal Eco Challenge Fund... Page 203 of 335 Stantec ENERGY MANAGEMENT EVALUATION & FEASIBILITY STUDY THE MUNICIPALITY OF BAYHAM Public Works The new addition has a large space that also has potential to lose a lot of energy through the two overhead doors. lf it is feasible to install one air curtain to one of the doors and limit the use of the other overhead door, measurable energy savings could occur. lt is to be noted the doors that are to have limited use can be used, but only it extreme cases. For example, it was reported that allthe doors are in use during a snow storm as alltrucks need to go out. ln this event the limited doors must be used. ln the case where this option is selected, it is up to the Municipality of Bayham to logistically select which of the doors is feasible to have limited use. The payback for this option is shown in the table below. Simple Payback Calculation Summary: Equipment Type TotalProject Gost Energy Savings per year 10 US-144 Air Curtains $107,445.00 $1,609.00 4 US-144 Air Curtains $42,978.00 $5,029.00 9* * Note that this payback will be diminished should insulation be installed on the original building sectlon since the overall heating requirement and therefore potential savings will be reduced. Building Insulation An analysis was done for the old part of the Public Works building to determine what benefit the installation of insulation would present. The results showed the current maximum heating load (requirement) to be approximately 180,000 BTU/hr. With the installation of 2" polystyrene R10 insulation and metal clad siding, the maximum heating load would drop to approximately 106,000 BTU/hr. ln addition to the installation of new insulation, payback was also calculated taking into consideration implementation of a mechanical project described below (de-commissioning of the Modine unit and installation of a new infrared heater). The opinion of probable project cost to retrofit the original building section with R10 is presented in the table below. Opinion of Probable Cost Summary: EquipmenUMaterial Type EquipmenU MaterialGost lnstallation Cost MECF Total Project Gost ln Walls $26,819.00 $10,281.00 $9,275.00 $27,825.00 lnsulating Walls, Remove Modine Unit and add lR Heater $27,889.00 $12,281.00 $10,042.00 $30,127.00 3.4lmt e:\'l 0393{eportvpt_1 0393_1 61 0bayham€nergyovalfeas_dec1 2_08.doc Staff Report F2009-04 regarding Municipal Eco Challenge Fund... Page 204 of 335 Stantec ENERGY MANAGEMENT EVALUATION & FEASIBILITY STUDY THE MUNICIPALITY OF BAYHAM Public Works The reduced building load requirements were translated into cost of naturalgas based upon the existing building heating equipment. The estimated energy savings and project payback are presented in the table below. Simple Payback Calculation Summary: EquipmenUMaterial Type Total Project Cost Energy Savings per year Simple Payback with MECF lnsulating Walls $27,825.00 $2,408.00 12 lnsulating Walls, Remove Modine Unit and add lR Heater $30,127.00 $3,072.00 10 3.3.2 Mechanical It was reported during the site evaluation that during the heating season the Modine unit runs nearly continuously to supply warm air to the original building through a sock type diffuser. The thermostat controlling the Modine unit is installed in the single bay on the opposite side of the building. Since the majority of the warm, conditioned air is diffused from the sock before reaching the last bay, the Modine unit rarely if ever reaches the set temperature. As such, the existing lR heaters in the main section of the original building were reported to operate less frequently than expected. Based on the analysis preformed to evaluate the benefit of installing insulation around the perimeter of the original building, it was determined that the existing lR heaters have adequate capacity to heat the main section of the original building. By installing a new lR heater in the last bay of the original structure, the Modine unit would no longer be required to maintain temperature within the original section, and as such could be decommissioned. The opinion of probable project cost to decommission the existing Modine unit and install a new lR heater is presented in the table below. Opinion of Probable Cost Summary: Equipment Type Equipment Cost lnstallation Cost MECF Remove Modine Unit and add lR Heater $1,070.00 $2,000.00 $767.00 $2,303.00 lmt el'l 039lreport\rpL1 0393_'l 6 I 0bayham-energyevalfeas_decl 2_08.doc 3.5 Staff Report F2009-04 regarding Municipal Eco Challenge Fund... Page 205 of 335 Stantec ENERGY MANAGEMENT EVALUATION & FEASIBILITY STUDY THE MUNICIPALITY OF BAYHAM Public Works The decommissioning of the Modine unit and installation of a new lR heater was based upon the heating requirements following the installation of insulation around the perimeter of the original building. The estimated energy savings and project payback for the decommissioning of the Modine unitand installation of a new lR heaterare presented inthetable below. Simple Payback Calculation Summary: Equipment Type Total Project Cost Energy Savings per year Simple Payback with MECF Remove Modine Unit and add lR Heater $2,303.00 $970.00 z 3.3.3 Electrical Payback analysis has been completed for each opportunity noted in Section 3.3. The following tables summarize the estimate of probable equipment costs, offset energy costs and simple payback results. ln general, each opportunity has been evaluated on a per item basis. ln reality, should multiple projects/items be implemented in parallel, it is conceivable that savings could be found in the installation costs. Opinion of Probable Cost Summary: Equipment Type Equipment Cost [$l lnstallation Gost * f$l Total Project Gost f$l LED exit sign $50.00ea $120.00ea $170.00 ea T12 -TS lamp retrofit $85.00ea $120.00ea $205.00ea New T5 fixtures $150.0Oea $120.00ea $260.00ea lncandescent to compact fluorescent lamps $8.0Oea $10.00ea $18.00ea Dimmable compact fl uorescent $150.00ea $120.0Oea $260.0Oea *lnstallation cost is based on a per unit basis, and can be expected to decrease per unit if multiple projects are completed at the same time. **Engineering is recommended to ensure the design parameters. Engineering costs have not been included. 3.6lmt e:\'l 039lreportvpt_1 0393_1 6 1 0bayham+nergyevalfeas_dec'l 2_08.doc Staff Report F2009-04 regarding Municipal Eco Challenge Fund... Page 206 of 335 Stant€c ENERGY MANAGEMENT EVALUATION & FEASIBILITY STUDY THE MUNICIPALITY OF BAYHAM Public Works Simple Payback Calculation Summary: Equipment Type Total Project Cost t$l Energy Savings [$] per year Project Payback [yrl LED exit sign $170.0Oea $21.04 ea 8.0 T12-18lamp retrofit $205.00ea $17.69 ea 115 New T5 fixtures $260.00ea $16.80 ea 15.5 lncandescent to compact fluorescent lamps $18.00ea $10.51 ea 1.7 Dimmable com pact fl uorescent $260.00ea $10.51 ea 24.7 3.4 DISCUSSION OF RECOMMENDATIONS Throughout the course of the review several opportunities for energy reduction were identified and analyzed for architectural, mechanical, and electrical applications. The following energy savings measures are recommended based upon the analysis presented above: . lnstall R10 rigid insulation and metalcladding around the original building to reduce heat loss. . Consider the installation of four air curtains on the most commonly used overhead doors to reduce heat loss while moving vehicles in and out of the garage during the heating season. Additional analysis of the operations logistics should be undertaken before implementing this project. . Decommission the Modine unit and installa new lR heater in the single bay of the original building (payback for this recommendation assumed that the insulation of the original building would be completed). . Replace the existing exit signs as they fail with new LED exit signs. . Retrofit existing fluorescent T12 lamps with new fluorescent TB lamps. . Replace existing non-dimmable incandescent lamps with compact fluorescent lamps.. lmt e:\1 0393-reponvpt_1 0393_l 6'l 0bayhaænergyevelfees_dec1 2_08.doc 3.7 Staff Report F2009-04 regarding Municipal Eco Challenge Fund... Page 207 of 335 Stantec ENERGY MANAGEMENT EVALUATION & FEASIBILITY STUDY THE MUNICIPALITY OF BAYHAM 4.0 Waste Water Treatment Facility There are three buildings evaluated at the waste water treatment facility: the main office, lnfluent Works building and the Digester building. The main office is complete with a bathroom, office, storage room, A,/C generator room, and a maintenance room. Adjacent to the main office is the lnfluent Works building. The lnfluent Works building is used for water treatment and is used occasionally. Behind the lnfluent Works building is the Digester building which houses four digesters. 4.1 FACILITY DESCRIPTION 4.1.1 Architectural The main office is made out of 12" double block wall. lt is approximately 63'x27'x10'. There are three windows comprised of Tz" double pane glass and aluminum frame. There is one 9'x10' overhead door located in the maintenance room. The building adjacent to the main office, the lnfluent Works building, is built out of 12" double block wallwith concrete roof/ceiling. lts approximate dimensions are 20'x20'x12'. There is one double door. The Digester building is built out of double block wall. 4.1.2 Mechanical The main building has three baseboard heaters, four space heaters, an A/C unit, and a water heater. The three baseboard heaters are manufactured by Ghromalox, model #TB 13. All baseboards are used only when needed in the winter months. ln the maintenance room there are two ceiling mounted unit heaters, both manufactured by Chromalox. One is 7kW and the other is 1skw. Only one is used during the heating season to keep the room above freezing. There are two ceiling mounted unit heaters in the back generator room and one 6'x3' motorized louver which is connected to the A/C generator. Only one of the heaters is used in the winter months to keep the room temperature above freezing, the second is used as a backup unit. The louver is controlled by the A/C generator and is only opened when the generator is operational (fresh air intake). ln the main office there is one A/C unit. The A/C unit is only installed during the summer months. During the off months the hole is insulated and sealed. The water heater is a S-year old GSW Model# SS3OLSEB. The water heater is reported by the manufacturer to be approximately 80% efficient and appears to be in good working condition. The lnfluent Works building has two unit heaters and three exhaust fans. The unit heaters are manufactured by Caloritech serial #SD00-0020C. One of the heaters is used to keep the room above freezing and the other is used as a backup. The three exhaust fans are manufactured by Marathon Electric model #70C56C17E53148. The exhaust fans are wall mounted and connected to non-insulated dampers. Only one of the exhaust fans is used at a time, the others are speculated to be back up units. lmt e:\l 0393-reportvpLl 0393_1 61 0bayham€nergyevâlfeas_dec'12_08.doc 4.1 Staff Report F2009-04 regarding Municipal Eco Challenge Fund... Page 208 of 335 Stantec ENERGY MANAGEMENT EVALUATION & FEASIBILITY STUDY THE MUNICIPALITY OF BAYHAM Waste Water Treatment Facilitv The Digester building has four digester blower units, a Chromalox ceiling mounted unit heater, and a wall mounted exhaust fan. The four digesters operate on and off as required. There is a Chromalox ceiling mounted unit heater used during the cold months to keep the room above freezing. The exhaust fan is currently not being used regularly. 4.1.3 Electrical The building's main electricalservice and distribution equipment is located in the basement main electrical room. The main service is 400Amp, 600V, 3<Þ, 4W and originates from a Hydro One pole mounted transformer located just outside the building. The capacity of the services is appropriate for the building's usage and size. Throughout the Waste Water Treatment Plant the lighting consists of incandescent and T12 fluorescent lamps. It was noted during the inspection that the exit signs contain incandescent lamps. 4.2 OPPORTUNITIES FOR ENERGY EFFICIENCY IMPROVEMENTS 4.2.1 Architectural During the site evaluation it was observed that seals and caulking could be improved to minimize air leakage. 4.2.2 Mechanical During the site evaluation it was observed that baseboard heaters were used to provide comfort heating to the various occupied spaces (office, washroom etc.). Replacing the baseboard heaters with a gas-based heating source may contribute to a net reduction in energy consumption. 4.2.3 Electrical Replacement of all incandescent and T12 fluorescent (40W per lamp) with Philips energy advance long life fluorescent T8 (28W per lamp)with Advance optanium programmed start ballast or T5 fluorescent lamps (54W per lamp), would result in measurable energy savings. Retrofit kits are available to replace T12 lamps to T8 (ballast and lamps). However, to change to T5 lamps would require purchasing new light fixtures. The lighting layout should be reviewed by an engineer because the quantity of fixtures could be reduced. Changing incandescent lamps with compact fluorescent lamps can be done with a minimal cost of the lamp, however if dimming is required, fixtures may need to be replaced. LED exit signs require little to no maintenance and consume approximately g4o/o less power. LED retrofit kits are also available for the exit signs, however, the surface illumination of the retrofitted exit sign may be compromised compared to a properly designed LED exit sign. lmt e:\l 0393-reportvpLl 0393_1 6 1 0bayham+nergyevalfeas_dec1 2_08.doc 4.2 Staff Report F2009-04 regarding Municipal Eco Challenge Fund... Page 209 of 335 Stantec ENERGY MANAGEMENT EVALUATION & FEASIBILITY STUDY THE MUNICIPALITY OF BAYHAM Waste Water Treatment Facilitv 4.3 DISCUSSION OF PAYBACK ANALYSIS 4.3.'l Architectural To reduce the energy lost to air leakage, re.caulking and improvements to the weather seals are recommended. lt is difficult to calculate accurate savings and payback, however a general rule is that 3 to 5% of heating costs can be saved by proper repairs to exterior heat losses. 4.3.2 Mechanical It was observed during the site visit that the various occupied spaces located within the waste water treatment building were heated using baseboard heaters. lt was reported at that time that the baseboard heaters were only operationalwhen the spaces were in use. However, based on our experience, it is likely that the baseboard heaters are always operating at a reduced output to maintain above freezing temperatures within the space. Baseboard heaters are not typically controlled using a programmable thermostat. As such, a baseboard system is not typically responsive to varying load requirements. The replacement of the existing baseboard heaters with a gas fired forced air equivalent allows the Municipality to take advantage of a lower cost per thermal unit operation, as well as the benefits of fully programmable controls. The opinion of probable project cost to replace the existing baseboard heaters with a new gas fired forced air furnace (complete with duct work), is presented in the table below. Opinion of Probable Cost Summary: Equipment Type Equipment Cost lnstallation Cost Total Project Gost New Gas Fired Furnace $ 4,000.00 $ 1,000.00 $ 5,000.00 The existing baseboard heaters have a capacity of approximately 6,000 W. Based on the reported operational characteristics, it was assumed that they would be functional for the equivalent of approximately 1,000 hours per year (during the heating season). As such, the cost of operation of the baseboard heaters was calculated to be approximately $720.00 per year. Alternately, using heating load estimating tools it was determined that the annual heating load required to maintain the reported operational characteristics was approximately 7.1 million BTUs. A furnace rated to operate at 90% efficiency would consume approximately 240 m3 of natural gas at a cost of approximately $133.00. lmt ell 039}reportvpt_l 0393_l 6 1 0bayham+nergyevalfeas_dec'l 2_08 doc 4.3 Staff Report F2009-04 regarding Municipal Eco Challenge Fund... Page 210 of 335 Stantec ENERGY MANAGEMENT EVALUATION & FEASIBILITY STUDY THE MUNICIPALITY OF BAYHAM Waste Water Treatment Facility The following table presents the simple payback based upon the difference in operational costs noted above, combined with the potential MECF funding allowance. Simple Payback Calculation Summary: Equipment Type Total Project Gost Energy Savings per year Simple Payback with MECF New Gas Fired Furnace $5,000.00 $587.00 6.5 4.3.3 Electrical Payback analysis has been completed for each opportunity noted above. The following tables summarize the estimate of probable equipment costs, offset energy costs, and simple payback results. ln general, each opportunity has been evaluated on a per item basis, ln reality, should multiple projects/items be implemented in parallel, it is conceivable that savings could be found in the associated costs. Opinion of Probable Cost Summary: Equipment Type lnstallation Cost * [$l Total Project cost [$l LED exit sign $50.00ea $120.00ea $170.00 ea T12-Tg lamp retrofit $85.00ea $120.00ea $205.00ea New T5 fixtures $150.00ea $120.00ea $260.00ea lncandescent to compact fluorescent lamps $8.00ea $10.00ea $18.00ea Dimmable compact fl uorescent $150.00ea $120.00ea $260.00ea *lnstallation cost is based on a per unit basis, and can be expected to decrease per unit if multiple projects are completed at the same time. "*Engineering is recommended to ensure the design parameters. Engineering costs have not been included. lmt e:\'l 0393-reportvpt_1 0393_l 61 0bayham-energyevalfeas_decl 2_08.doc 4.4 Staff Report F2009-04 regarding Municipal Eco Challenge Fund... Page 211 of 335 Star¡tec ENERGY MANAGEMENT EVALUATION & FEASIBILITY STUDY THE MUNICIPALITY OF BAYHAM Waste Water Treatment Facilitv Simple Payback Calculation Summary: 4.4 DISCUSSION OF RECOMMENDATIONS Throughout the course of the review several opportunities for energy reduction were identified and analyzed for architectural, mechanical, and electricalapplications. The following energy savings measures are recommended based upon the analysis presented above: . Address potential air leakage points by replacing/updating existing caulking and weather stripping. This activity should be maintained as an ongoing maintenance item. . Consider the replacement of the existing baseboard heaters with a gas fired forced air furnace and associated ducting. . Replace the existing exit signs as they fail with new LED exit signs. . Retrofit existing fluorescent T12 lamps with new fluorescent T8 lamps. . Replace existing incandescent lamps with non dimmable compact fluorescent lamps. 4.5 Equipment Type TotalProject Cost t$l Energy Savings [$] per year Project Payback [yr] LED exit sign $170.0Oea $21.04 ea 8.0 f 12-18lamp retrofit $205.00ea $17.69 ea 11.5 New T5 fixtures $260.00ea $16.80 ea 15.5 lncandescent to compact fluorescent lamps $18.00ea $10.51 ea 1.7 Dimmable compact fluorescent $260.00ea $10.51 ea 24.7 lmt e:\1 039lreportvpt_1 0393_l 61 0bayhâm+nergyevâlfeas_dec12_08.doc Staff Report F2009-04 regarding Municipal Eco Challenge Fund... Page 212 of 335 Staftec ENERGY MANAGEMENT EVALUATION & FEASIBILITY STUDY THE MUNICIPALITY OF BAYHAM 5.0 Gonclusions The audit and analysis of the three buildings outlined in this report resulted in several recommendations for energy efficiency improvement projects. The improvements outlined in this report are all standard retrofit projects as outlined by the MECF (Municipal Eco Challenge Fund). No showcase/demonstration retrofit projects were identified during the analysis. Based on the data available, Stantec concluded that the following projects and strategies should be considered by the Municipality for implementation: . lmprove overallfacility envelopes for all buildings reducing the potentialfor air leakage by removing unnecessary equipment from wall penetrations and maintaining / repairing / replacing caulking and weather seals. . Replace the water heaters at the community center with tankless water heaters. Replace other water heaters currently serviceable with tank-less equivalents at the end of their useful life. . Consider the replacement of existing baseboard heaters with gas fired forced air furnaces, where practical. . Consider the installation of four air curtains at the Public Works facility. . All exit signs to be replaced with LED exit signs at the end of their life span. . Replace all incandescent lamps to compact fluorescent lamps (as long as they are not dimmable). . Replace T12 lamps with T8 lamps as part of a multiple fixture implementation. lml. e:\'l 039greportvpL'l 0393-1 61 0bayham+nergyevâlfeas-dec1 2-08.doc 5.1 Staff Report F2009-04 regarding Municipal Eco Challenge Fund... Page 213 of 335 ENERGY MANAGEMENT EVALUATION & FEASIBILITY STUDY THE MUNICIPALITY OF BAYHAM APPENDIX A Equipment List lmt ell 0393{eportvpLl 0393_1 61 0bayhâm+nergyevalfeas-dec1 2-08.doc Staff Report F2009-04 regarding Municipal Eco Challenge Fund... Page 214 of 335 Communitv Center lorrioment Descriotion Manufacturer Model Number Serial Number Age (yrs)Enerqv Source Stove Sarland G-280 N/A N/A Gas Stack Oven Sarland 3-288 N/A N/A Gas 2 x Refrioerator =oster cH-48-T 66002 N/A Electric \ir Conditioner Wall unit No lnformation Found lot Water Heater 3SW 5G6ONAPVHO2 9612242429 12 Gas lot Water Heater 3SW 5G6ONAPVO2 9212513824 16 Gas 2x HVAC Carrier 48TJED14511-OE N/A 5 Gas Zx Baseboard Heater Chromalox 33-9822 N/A N/A Electric 2x Baseboard Heater Chromalox B3-9820 N/A N/A Electric Baseboard Heater Chromalox 8N9322W31 N/A N/A Electric Baseboard Heater Chromalox B3-7415 N/A N/A Electric Baseboard Heater Ovellet oFM1250 N/A N/A Electric Baseboard Heater in room adiacent to main hall No lnformation Found Sump Pumo Franklin Electric 1103022426 N/A N/A Electric Public Works iquipment Description lvlanutacturer Model Number Serial Number Aqe (yrs Enerov Source 2x Unit Heater Chromalox óuFt-51 I (erements model #l N/A N/A Electric Jnit Heater [4odine GHG24OAB N/A 15 Gas lx lR Heater Suoerior Radiant Products v4125 37220 N/A Gas R Heater Soace Rav RSTP175BN N/A N/A Gas 2x lR Heater Suoerior Radiant Products VA150 31 789 N/A Gas Baseboard Heater Dimolex 2805W31 N/A N/A Flcntrie Baseboard Heater )imolex 8N6615W31 N/A N/A FleeJrie v1/ater Heater John Wood JW525TF1 s03l 051 3479 Fler:lric Air Pumo \ir Pumo cP-2 N/A N/A Electric Waste Water Treatment Facilitv Equipment Description Vlanufacturer Vlodel Number Serial Number Aqe (vrs)Enerqv Source 3x Unit Heater Chromalox BUH-15D (elements model #l N/A N/A Electric Unit Heater Chromalox 3UH-07D (elements nodel #l N/A N/A Electric 2x Baseboard Heater Chromalox 8717015 N/A N/A Electric \ir Conditioner Wall unit Wallmate SCAO9LSC24 c041 0R51 96 N/A Electric lot Water Heater GSW SS30LSEB 0103314751 7 Electric 2x Unit Heater Caloritech sD00-0020c N/A N/A Electric Jx Exhaust Fan Mlarathon Electric /0c56c1 7E531 4B N/A N/A Electric Jnit Heater No lnformation Found f ioester N/A 3M7L 771436 N/A Electric )ioester N/A 3M7L 775573 N/A Electric )ioester N/A 3M35 772395 N/A Electric Dioester \/A GM35 772394 N/A Electric Staff Report F2009-04 regarding Municipal Eco Challenge Fund... Page 215 of 335 Page 216 of 335 q CORPORATION OF THE MUNICIPALITY OF BAYHAM STAFF MEMORANDUM Sol TO: Mayor & Members of Council DATE: January 8,2009 FROM: Kyle Kruger, Administrator FILE: STIBJECT: Letter from Tony Csinos - Request for Clarification The attached letter dated December 16, 2008 has been received from Mr. Tony Csinos, addressed to staff and Council. In his letter, Mr. Csinos notes comments attributed to a member of Council in a local news source, and requests an explanation. Mr. Csinos also notes that he assumes the member speaks publicly for the entire Council. Should Council concur, staff suggest a response be provided, advising that Council itself speaks by resolution, and is represented by the Mayor following such direction, and that any explanation of the statement made should be sousht from the individual directlv. Staff Memorandum regarding Letter from Tony Csinos - Request... Page 217 of 335 Tony Csinos R.R.2, Viennq Ont. NOJ lZO Phone (519) 874-4148 December 76,2008 Mr. Kyle Kruger Madam Mayor Municipal Council of Bayharn Since Mr. Mark Taylor is a member of council I assume that he speaks publicly for the entire council as he has done so on several occasions in the past. V/e read the following excerpt from an article in the media Around About Bayham, Volume 1, Issue 40, Dec. l1l08 . Please see the following, which is also enclosed and undedined. o'.... aftl added there are likely to be other matters pertaining to the property in the future." Is this atlveat? Please explain in writing the meaning of this Ebligstatement. Tony Csinos Staff Memorandum regarding Letter from Tony Csinos - Request... Page 218 of 335 SERY//VGJ CALTON, CORINTH, EDEN, VIENNA, NORTH HArl', NEW ENGLAND' PORT aiawett, RtcHMoND, ITRAFFoRDvILLE & BEYoND ! N I I BAYHAM COMMUNITY VOLUNTEER RECOGNITI ON Awards were presenred, November 27,2OO8' at 7pm' to those in the community whohadexemplifiedoutstandingservice,bytheircommitmenttohelpmaKeour communityabetterplaceforall.Thesevolunteerswereselectedfromthenomlna- tions receive d by the m unicipal office' lanAlmondwonthe.CitizenoftheYear2O0sAward'andwaspresentedwith hìs award by Mayor Lynn Acre. 'community Volunteer Awards' were won by cindy stoyles and Bob craham, and were presented by Deputy Mayor cliff Evanitskl' tne.CommunityYouthVolunteerAward'wenttoLouieAcre,andwaspresentedby Deputy MaYor Cliff Evanitski. A special presentatlon was made to K'C' Emerson for65 years of service' The Federal Presentation - Joe Preston M P (Susan Mantel presenting)' Provincial Pres- entation - Steve Peters MPP (Mayor Lynn Acre present¡ng)' Ref reshments ano cake were served by councilfollowingthe presentatìons' Bayham council voted Thursday night to engage the ser- bangfortheir archeolog¡icat buck, and leftthe option of using vices of a dowser to ¡nvestigate-whãre the remains of pio- ãn a'r"¡eotogist later in the research should remains be found' neers may lie on the former site of the First Baptist Church - lt is estimãted an archeological assessment would cost ap- and cemetery tocated at the junction of Highway #19 and proximately $4,OOO to $1-2,OOO plus the costof strippingthe Glen Erie Li ne, between port Burwell and Vienna. The land- !oit, O"p"nOing on the extent of the research. Deputy Mayor' owner, Tony Csinos will be asked by staff to grant access to Cliff Evanitski said he would be willing to commit to $4'000 clearupthe murksurroundingthe Estherville issue. Permis- Ort not to $12,000, given the economics of the times' sion is needed to enter privately owned propefty. giornO penetrating radar was discussed, but results are not May Leonard, a dowserfrom Otterville, contacteO {9n01 "f*àV. definitive, and may be a waste of taxpayers'dollars' nosnã1, the leadinglight in the Estherville issue and offered The whole matter rests with Tony csi nos who may or may nor' her services. Leonarcl has successfully located lost graves gi.nt or deny permission for the municipality to conduct fur- for Norfolk County ust ng divi ning rods to determine where ifrár investigãtion into the site. There is confusion regarding remains lie. Staff recommended using an archaeologist to w¡o ¡s respðnsible for compliance with the Cemeteries Act and doalimitedsearcnextending3b'fromtheeastsideof the the15'restriction ofhowcloseabuildingcanbefromagrave newly constructed pole bain towards #19, but council sitl. RccorOingto administrator Kyle Kruger, the site is consid- ooteá instead for a dowser reasoningthey may geta bi*ger - (contintdonpage9) ;# 4: .*: McnV Chrstmas r î fl t I Ít t! T lj!-' ¡t I å I Yard Pizza Sranning ' Faxing ' Copying ' Desktop Publishing Word Proceising ' Labels' Laminaling ' Wiling Services 519-874-4710 "Merry Christmas" liz@lizuncterhilL co m www. lizunderhilI m m Staff Memorandum regarding Letter from Tony Csinos - Request... Page 219 of 335 AroundAboutBayhamVolume 1, lssue 40: Dec. 11,2008 DOUSE ESTHERVILTE FUROR E (Contirued jom pge I) ered an a bandoned cemetery but coun- cil has not received any written verifica- tion of the exact status of tþe ceme- tery. Kruger said old records may or may not exist but staff has been un-able to unearth them. Mayor Lynn Acre said all the records from that time and into the sixties and later, are in the Elgin County Archives. The records can be viewed on appoint- ment with the archivists in St. Thomas. Accordingto Krugerthere may be refer- ences to Estherviile in old minutes bui staff have done all they can in locating records, but their efforts have been u n s u c c es sf u l. C o u nc ilo r Mark Taylor said his main concern was that no vehicular traffic was d riving over graves to enter the Csinos prop- erty, and added there are likely to be scientific approach, it may g¡ve tl most accurate assessment. The o tion of usi ng a n archeologist lat would still be viabl' ln the meantime, Taylor encourag( any resident who has information documentation on the cemete ry contact staff. He said someone m¡ have valuable information stored in box in their basement that could ac light to the Estherville issue. fhe b elephant, said Ketchabaw, is what c we do if we find someth¡ng (in Esthe ville)? fhis, unlike many other que tions raised by Hosha!, in ths past, w have an answer since council will har to decide what their next move will b . Honor Wassmg COUNCIL SHORT Cambridge is asking for support the¡r attempt to have the provinci government hold off on implementir the Municipal Property Assessmer Corporation's (MPAC) implementatio of the new property assessments b, ing phased in over four years, base on 2008 MPAC assessments. Can bridge is asking implementation b delayed a yea( to help homeowner and businesses du ring the cu rrer economic downturn. Property owner can appeal their assessments, an should if they feel they are being ur other matters oeftainins to the oroo- erty in the future, but wanted this issue addressed first. He said his goal from the beginningwasthat remains are not being driven over and that any traffic trying to access the Csinos barn would not be running over remains. Discussions on how a reconfiguration of the proposed investigatio n site could happen, resulted in Councilor Ed Ketchabaw's suggestion that council accept Leonard's offer to dowse the propefty. He said while it was not a Staff Memorandum regarding Letter from Tony Csinos - Request... Page 220 of 335 fohn Craig Consulting 151 Lakesho¡e Rd ll/. Oro Støìon, ON. LLL 2E0 a Teleohone: 00fl 733 7193 t Emøìl: ìqais(òroserc.com December 17,2008 Mr. Kyle Kruger Chief Administrative Ofücer Municipality of Bayham 9344 PlankRoad, Box 160 Straffordville, Ontario NOJ lYO Dear Mr. Kruger: It is with great pleasure that I attach the final draft of the Strategic Plan (2008 - 2013) for the Municipality of Bayham. I believe that the plan is an excellent document and will serve well as a guide for the leadership of the municipality over the next several years. This document is the result of many hours of effort from the Council Members and Senior Staffof the municipalþ, You are all to be commended on the strength and sincerity of your dedication to the community. It has been a great pleasure for me to work with you and those who participated in this strategic planning process over the past few months. I hope that the assistance that I provided fully satisfied the spirit and letter ofour contract and fu lfilled your expectations. If I can be of further assistance in the future I would very much enjoy the opportunity to work with you again. Best of luck with implementation of the new Strategic Plan! Sincerely, John E. Craig John Craig Consulting Management Consullìng ) Transforming Slrategies ínlo ActÍon ) Change Managemenl I Mønagement Coaching ønd Mentoring I Munìcìptl ønd Non-ProJit Organizations Final draft of the Municipality of Bayham Strategic Plan 200... Page 221 of 335 The Municipality of Bayham Strategic Plan 2008 -2013 Municipalþ of Bayham,9344 Plank Road, Straffordville, Ontario, NOJ lYO Final draft of the Municipality of Bayham Strategic Plan 200... Page 222 of 335 Municipal Profile The Municipality of Bayham is a mostly rural municipality of 6,727 people in the eastem end of Elgin County. Bayham was established on January 1, 1998 through amalgamation of the former Township of Bayham and the former villages of Port Burwell and Vienna. Bayham's restored 1840's wooden lighthouse on the sandy northern shores of Lake Erie marks the gateway to an area anchored in history, boasting two significant heritage museums. Visitors also seeking sandy beaches, camping sites, cottages, bed-and- breakfast facilities, bird watching, fishing and boating can find it all in Bayham. North of Erie's shores, Bayham extends well up into the heartland of south-western Ontario's rich farm country. Bayham's population is expected to grow at an average annual rate of l.7Yo, for a projected population of 8,220 by the year 202I. Like the rest of Ontario, Bayham will see population shares by age shift, particularly through a sharp increase in the proportion of seniors, while the population under 15 will decline. The current population contains a gteater proportion of young people and fewer seniors, with respect to either the County or the provincial average. However, Bayham is expected to follow the overall trend in Elgin and the rest of the province, with an increasing proportion of seniors. This shift has implications for the future provision of health care, social and other services in Bayham. Currently, primary industries (including agriculture) comprise the single largest employment sector at27.7Yo of the labour force, followed by manufacturing (25.7%). AII other sectors are comparatively small, with the third-largest being rctail (8.3%o). The agricultural sector remains in transition following decades-long reliance on tobacco production. The large commercial wind turbines, feeding electrical power into the public grid spread along a large stretch of lakefront, are evidence of an emerging energy generation industry in Bayham as a host municipality to the Erie Shores Wind Farm. Although, its location and predominantly rural nature, force approximately 56.5Yo of the labour force to commute to employment outside the municipality, Bayham remains an ideal community in which to live, work and raise a family. Bayham's Strategic Planning Process Through the period of its current term of offrce, Bayham's Council and senior staff became concemed that, like many organizations they were spending too much of their time reacting to unexpected changes instead of anticipating and preparing for them. This is called 'reactive' or 'crisis' management. It is a well established fact that organizations caught off guard may spend a great deal of time and energy "playing catch up". They use up their energy coping with immediate problems with little energy left to anticipate and Final draft of the Municipality of Bayham Strategic Plan 200... Page 223 of 335 prepare for the next challenges. This vicious cycle locks many organizations into a reactive posture. The Council decided to undertake a strategic planning process to improve its ability to prepare for the future in a thoughtful and deliberate manner. Strategic planning is a step by step process with definite objectives and end products that can be implemented and evaluated. Very simply, it is a process by which leaders define the current situation, look into the future and paint a picture of that future based on current trends, and then chart a definite course based on indicators of what the municipal environment will be like in those years. Strategi c Pla nning P rocess The Strategic Planning Process def¡nes us in ourcurrentstate, ¡dentifies how we would rather be defined in the future and ouüines the m iss¡on ahead to reach our fufure state. Goals are components of the m ission and süategic prioritles are the immed¡ate act¡ons tfrat will be taken to beg¡n achieving our goals. Consistent with the Council/staff role descriptors and the personal satisfaction of taking charge of the organrzation's future, strategic planning offers at least five compelling reasons for its use: 1. Forces a look into the future and therefore provides an opportunity to influence the future, or assume a proactive posture. 2. Provides better awareness of needs and of the service and facilities related issues and operating environment. 3. Helps build consensus to define the overall mission of the organization and focus on the objectives. 4. Provides a sense of direction, continuity, required resources and effective leadership. 5. Plugs everyone into the system and provides standards of accountabilþ for people, programs, and allocated resources. Final draft of the Municipality of Bayham Strategic Plan 200... Page 224 of 335 In summary, strategic planning is a key for helping the Council to collectively and cooperatively gain control of the future and destiny of the municipality. The Council and Senior Staff began developing the strategic plan by participating in an online questionnaire followed by three workshops conducted by an external consultant. The questionnaire and the initial workshop focused on assessing the current situation (strengths, weaknesses, opporlunities and threats) facing the municipality and defining how the municipality might look in the future. Over the course of three workshops the participants created a Vision, defined the Mission and identified Goals and Strategic Priorities. For each Strategic Priority performance expectations were agreed to ensure that implementation would proceed at an acceptable pace. The Strategic Plan consists of five elements: l. The Vision Statement A Vision Statement identifies what you want the municipalþ to be at the end of a strategic plan cycle. 2. The Mission Statement The Mission Statement is an outcome oriented statement that describes in real terms the organization's role in supporting the Vision over the next I to 5 years. It illustates at the macro level the transformation pathway from the current state to the future state. 3. Goals These are individual actions that together make-up the Mission. They identiff where the organization needs to focus. Goals are long term, usually over the life of the strategic plan. They must be realistic and measurable. 4. Strategic Priorities Short term, specific, measurable actions and initiatives designed to contribute to the achievement of established goals. They are fulfrlled through creation, change, continuation, or elimination of programs or initiatives. 5. Performance Measures The steps for each strategic priority that will lead to achievement, indicating how you will you know if you are making progress or when you have achieved a strategic priority objective. The following pages represent the results of the strategic planning deliberations. Final draft of the Municipality of Bayham Strategic Plan 200... Page 225 of 335 THE MT]NICIPALITY OF BAYHAM STRATEGIC PLAN 2OO8 -2013 Final draft of the Municipality of Bayham Strategic Plan 200... Page 226 of 335 Municipality of Bayham STRATEGIC PRIORITIES 2008 to2013 GOAL & STRATEGIC PRIORITY Goal #l - Practice responsible financial management l. Conduct service delivery reviews for all services 2. Complete asset management program 3. Adoptmulti-yearbudgets 4. Begin adopting capital budgets earlier 5. Conduct an energy audit of ,municipal buildings PERFORMANCE MEASURE Project Report to Council Report to Council ?resentation and Report to Council Presentation and Report to Council Report to Council on 3 buildings per year TIMELINE 8 months February,2009 February,2009 February,2009 Ary-tually- 1't report due February,2009 December,2009 November.2009 ASSIGNMENT (u¡Ho) CAO Treasurer Treasurer Treasurer Manager of Public'Works CAO6. Conduct an alternative revenue Report to Council opportunity analysis Goal#2: Ensure reliable, well maintained and secure infrastructure 1. Complete asset management See 1.2 above program 3. Conduct infrastructure needs Proposed Program CAO studies: Report to Council o Roads o Water o Sanitary Sewer ¡ Buildings o Rolling stock o Other 6 Final draft of the Municipality of Bayham Strategic Plan 200... Page 227 of 335 Goal #3 - Create a positive business atmosphere 1. Seek out economic development partnership opportunities 2. Review development standards policies 3. Review planning approvals process 4. Conduct a land-use plqming 5. Improve communications and relations with Business 6. Produce ¿m economic development initiatives and opportunities plan 7. Undertake a harbor area development feasibility study 8. Consider critical infrastructure and services partnerships as required Goals #4 -Be dedicated to service excellence l. Conduêt service deliverv reviews for a['sÈrvices - 2. Improve municipal web site 3. Commence a regulatory review 4. Deliver Staff Training Programs such as Health and Safety, Customer Service and Accessibility Activity Report to Council Reports to Council (A) Residential (B) rcr (C) Agricultural Project Report to Council (A) Offrcial Plan IJp{ate is underryay @) Zoning Bylaw 'Update Host a forum with Council and Business Representatives Report to Council Report to Council As opportunities arise Annually- 1't report due December,2009 (A) March,2010 (B) October,2010 (C) April,20ll 6 months (A) February, 2009 : ' @) April,2010 March,2009 June,2010 December,20l3 Project based CAO and Mayor Deputy Clerk CAO and Mayor CAO See 1.1 above Roll-out of new platform, presentation template and content Report to Council on work plan (A) Training needs assessmenVprogram delivery plan completed (B) Accessibility training program completed Treasurer September,2009 Final draft of the Municipality of Bayham Strategic Plan 200... Page 228 of 335 5. Tie Performance Evaluation Policy developed and CAO June, 2009 Program to the Strategic Plan implemented 6. Review bylaw enforcement (A) Report to Fire Chief (A) March, 2010 policies and procedures Council on Council (B) September, Policies, Bylaws 2010 (B) Report to council on lnternal Policies/Processes 7: Create and implement a staff Program Report to CAO January, 2010 service excel.lence reward Council progfam 8. Complete a master fire plan Master Fire Plan Fire Chief December, 2009 Report to Council 9. Complete an Accessibility Plan Report o¡r Plan to Treasurer September,2009' Council 10. Begin holding Council - Staff I't get-together Mayor June, 2009 team-building get-togethers Goal # 5 - Develop a new and improved,infrastructure network l. Complete asset management See 1.2 above program 2. Undertake capacity studies of 2 Reports to Council Supt. Of Water (d) V/astewater sewer and water infrastructure and Wastewater l1*l - February, ?009 :': sì,i#:å" System - Janu4ry, 20r0 3. Conduct a Development Report to Council Treasurer June, 2010 Charges Policy review 4. Review land-use policies to , See 3.4 above ensure designate growth areas are identified 5. Develop a plan for Feasibility Report to CAO December, 2013 construction of a municipal Council industrial park 6. Explore partnershi-os such as Conduct service Deputy Clerk December,2012 Public-Private Partnerships, needs inventory Inter-múnicipal service sharing including costs and and Municipal-provincial- approvals required federal partnerships for andreport to servicingunder-serviced areas Courcil. Final draft of the Municipality of Bayham Strategic Plan 200... Page 229 of 335 7. Explore water servicing options for Straffordville and Eden 8. Development of resources for municipal-wide supply of water for fire suppression Goal#6-Provideand encourage attractive lifestyle choices 1; Cond¡ct a municþal recreation program needs assessment 2. Conduct a parks and facilities needs assessment 3. s waterfront es 4. Develop partnerships as required for delivery of services such as: o Promoting health and wellness o Recreation and fitness programs ,' . .-,English as a s.econd:: ' tlanguage training 5. Review the Cultural Plan 6. 'support preservj4g community, - Balham i Goal #7 - Promote excellence in environmental stewardship 2. Promote the Waste Management Program to encourage "Reduce, Re-use and Recvcle" Report on a Plan to provide water service to Straffordville and Eden Report on needs Supt. Of Water and Wastewater December, 2011 Fire Chief December.2012 Report o:rneeds to Council Report on needs to Council Report onPlan to Council To be included in needs study - see 6.1 above Museums Bayham review and report to Council Ongo!4glqbbying exercise Buildings: see 1.5 above Equipment report to Council Promotion package developed CAO CAO Public'Works Manager September,2010 1. Final draft of the Municipality of Bayham Strategic Plan 200... Page 230 of 335 10 Final draft of the Municipality of Bayham Strategic Plan 200... Page 231 of 335 Implementation and Monitoring The Strategic Plan will be implemented according to the Strategic Priorities Table above. In order to ensure that progress is being achieved as proposed by the Plan, the Chief Administrative Officer (CAO) will report annually to the Council providing information on successes as well as performance variances, should they occur. As noted in the table, the CAO will implement a modified performance evaluation program for senior staff (including the CAO) inclusive of the strategic priorities and performance measures identified in the table. Although this Strategic Plan has a five year life cycle, it is appropriate to conduct a review of the Plan at the beginning of each term of the Bayham Council to ensure that the strategic direction is agreed by the new Council and to update the Plan according to current circumstances. 11 Final draft of the Municipality of Bayham Strategic Plan 200... Page 232 of 335 ),' THE CORPORATION OF THE MUNICIPALITY OF BAYHAM STAFF REPORT TO: Mayor & Members of Council FROM: Kyle Kruger, Administrator DATE: January 22,2009 FILE: i SUBJECT: Heritage Designations - Property Implications NUMBER: C2009-01 PurDose This report is to respond to Council questions regarding the implications of heritage designation for the Vienna Library/former Town Hall building. Background In November 2008, a delegation represented by Ms. Val Donnell requested that Council consider designating the Vienna Library building as a heritage site under the Ontario Heritage Act. As part of its consideration, Council requested information on the implications and commitments that arise from such a designation. Ontario Heritage Act regulations provide the following criteria regarding designations: A property may be designated under section 29 of the Act if it meets one or more of the þilowing criteriaþr determíníngwhether it is of cultural heritage value or interest: I. The property has design value or physical value because it, i. is a rare, unique, representatíve or early example of a style, type, expressíon, materìal or construction method, ii. dßplays a high degree of craftsmanshíp or artistic merít, or iií. demonstrates a hígh degree of technical or scíentífic achievement. 2. The property has hístorical value or associatíve value because it, i. has direct associatíons with a theme, event, belief person, activity, organízation or institution that ís significant to a communíty, ií. yields, or has the potential to yield, Ìnþrmation that contributes to an understanding of a community or culture, or iií. demonstrates or reflects the work or ideas of an architect, artist, builder, desígner or theorist who is significant to a community. 3. The property has contextual value because it, i. ís ìmportant in definíng, maíntaining or supporting the character of an area, ii. is physically, functionally, visually or historically linked to its surroundings, or iií. is a landmark. Staff Report C2009-01 regarding Heritage Designations - Prop... Page 233 of 335 Staff Comments Designation of a property under the Ontario Heritage Act requires a statement of Cultural Heritage Value or Interest (based on the mentioned criteria). This is to outline reasons for designation, and forms part of the information registered on title with a designation byJaw. The designation can be the whole of a property and structures, a single building, a portion of a building etc. Where a building itself is designated, the Ontario Heritage Act then precludes: 1. Demolition or removal of the building without application to and approval from the Municipal Council; and 2. alterations if such will affect the property's heritage attributes as set out in the reasons for designation without written consent of the Municipal Council. Though it is not part of the legislation, some municipal materials state that it is implicit within the designation that it is the responsibilrty of the owner to try to maintain the property with its heritage features as described with the reasons for designation. The restrictions (or protection) on a designation. Recommendation properly therefore become dependent on the reasons for That Report C2009-01 be received for information. fully submitted Staff Report C2009-01 regarding Heritage Designations - Prop... Page 234 of 335 CORPORATION OF THE MTJNICIPALITY OF BAYHAM STAFF REPORT TO: Mayor & Members of Council FROM: Kyle Kruger, Administrator SUBJECT: Harbour Facilities 2009 DATE: January 27,2008 FILE: L04 NUMBER: PR2009-03 Purpose To confirm Council direction regarding lease arrangements for the municipal Black Docks, boat launch, and hnger docks for 2009. Background As members of Council may recall, the Municipality has had an agreement with Mr. Ron Bradfield (Bradcranex) to operate the mentioned facilities for the past number of years. Although part of the agreements, the boat launch and finger docks have not been in actual use since at least 2000. In considering the matter in May 2008, Council approved a lease with Mr. Bradfield at an amount of $1,004 for the season, and suggested that staff look into tendering for 2009 inJanuary this year. For information, Mr. Bradfield has expressed interest to renew the agteement again for 2009 with no further increase. Staff Comments Proposals were last sought in 2000, at which time Bradcranex submitted the only complete proposal. Staff do note that 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 unknown what if any impact a request for proposals may have on the current offer from Mr. Bradfield. Options 1. Call for proposals for the lease and operation of the harbour facilities 2. Enter into agreement with Bradcranex Inc. to operate the facilities again for 2009. 3. Cease operation of the harbour facilities for 2009 Recommendation THAT staff be authorized and directed to prepare a request for proposals for the operation of the municipal Black Docks, boat launch, and finger docks for 2009. I mitted, Staff Report PR2009-03 regarding Harbour Facilities 2009. F... Page 235 of 335 Page 236 of 335 Staff Report PR2009-02 regarding Food Concession and Washroo... Page 237 of 335 Staff Report PR2009-02 regarding Food Concession and Washroo... Page 238 of 335 Staff Report PR2009-02 regarding Food Concession and Washroo... Page 239 of 335 Staff Report PR2009-02 regarding Food Concession and Washroo... Page 240 of 335 Staff Report PR2009-02 regarding Food Concession and Washroo... Page 241 of 335 Staff Report PR2009-02 regarding Food Concession and Washroo... Page 242 of 335 ì CORPORATION OF THE MTTNICIPALITY OF BAYHAM STAFF REPORT TO: Mayor & Members of Council FROM: Administrator SUBJECT : Encroachment Agreem ent - 22 Pitt Street DATE: January 28,2009 FILE: NUMBER: PR2009-04 Purpose This report is recommend execution of an encroachment agreement regarding the property at 22 Pitt Street in Port Burwell. Background As a result of a sale of property at 22 Pitt Street in Port Burwell, it has been identified that portions of the existing house encroach on the abutting municipal property. The extent of the encroachment is 3.6 feet. Through their solicitor, Mr. and Mrs. Vezinahave requested an encroachment agreement with the Municipality in order to provide for the continued use of the property. Staff Comments Staff do not have any objections to the execution of an encroachment agreement in this situation. The attached form of encroachment agreement is intended to protect the municipal interests, including provisions that restrict the encroachment to its current amount, and indemniff the municipality. Attachments Draft By-law No. 2009-010, being a By-law to authorize the execution of an encroachment agreement with Jimmy Marcel Yezina and Michelle May Lynn Vezina. Recommendation THAT By-law No. 2009-010, being a by-law to authorize the execution of an encroachment agreement with Jimmy Marcel Yezina and Michelle May Lynn Vezina regarding property at 22 Pitt Street be presented to Council for enactment. Kyle Staff Report PR2009-04 regarding Encroachment Agreement - 22... Page 243 of 335 THE CORPORATION OF THE MT]NICIPALITY OF BAYHAM BY-LAW NO.2009-010 A BY-LAW TO AUTHORIZT,THE EXECUTION OF AN ENCROACHMENT AGREEMENT BET\MEEN THE MUMCIPALITY OF BAYHAM AND JIMMY MARCEL VEZINA AND MICHELLE MAY LYNN VEZINA WHEREAS the Council ofthe Corporation ofthe Municipalþ ofBayham is desirous ofentering into an encroachment agreement with Jimmy Marcel Yeztna and Michelle May Lynn Yezina regarding property known municipally as 22 Pitt Street. NO\il THEREX'ORE THE COUNCIL OF THE CORPORATION OF THE MIJMCIPALITY OX' BAYIIAM ENACTS AS FOLLOWS: l. TIIAT the Mayor and Clerk be and are hereby authorized to execute the Encroachment Agreement attached hereto as Schedule "4" and forming part of this byJaw between Jimmy Marcel Yezina and Michelle May Lynn Vezina 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 X'INALLY PASSED THIS 5TH DAY OF F'EBRUARY 2009. MAYOR CLERK Staff Report PR2009-04 regarding Encroachment Agreement - 22... Page 244 of 335 AGREEMENT AGREEMENT made in Quadruplicate this - day of ,2009. BETWEEN: JIMMY MARCEL VEZINA AND MICHELLE MAY LYNN VEZINA hereinafter called the "Owners" of the FIRST PART AND THE CORPORATION OF THE MUNICIPALITY OF BAYHAM hereinafter called the "Municipality" of the SECOND PART L The Owners represent that they are the Owners of the lands and premises (hereinafter called "the lands") described as part of Lots 14 and 15, West of Erieus Street, designated as PART 7 on Plan llF.-2760, Village of Port Burwell and known municipally as 22 Pitt Street, Port Burwell, Ontario and identified by Roll No. 34 02 000 001 30000' 2. The Owners have requested the Municipality to grant them permission to maintain and use the structure that encroaches upon Pa¡t 6 on Plan I lR-2760 (hereinafter called "the encroachment') as depicted on the plan which is Schedule "4" annexed hereto and made part of this agreement. 4. The Council of the Municipality of Bayham deems it appropriate to grant such permission to the Owners to maintain the encroachment as previously described subject to the terms, conditions and provisions of this Agreement and this Agreement has been authorized by a by-law of the Council, being By-law No. 2009-010. NOW THEREF ORE, in consideration of the premises, and other good and valuable consideration and the covenants and agreement hereinafter to be performed, the parties hereto covenant and agree as follows: l. The Municipality, during the pleasure of its Council, subject to the terms, conditions and covenants ofthis Agreement shall allow the Owner for the time being of the lands, the privilege of maintaining and using the structure on lands known municipally as 22 Pttt Street that encroaches upon Part 6 on Plan I 1R-2760 more particularly depicted in Schedule "4" annexed hereto until such time as the said structure shall be demolished, removed or destroyed or otherwise ceases to exist oruntil any suchpart ofparts ofthe saidhighway so encroachedupon is or are required by the Municipality for any purpose whichever shall f,rrst occur. 2. The Owner shall maintain the encroachment in all resDects to the satisfaction of the Municipality upon its direction. 3. The Owner will always indemnifu and keep indemnified the Municipalþ against all actions, suits, claims and demands which may be brought against or made upon the Municipality and against all loss, costs, damages, charges and expenses whatsoever which may be incurred, sustained or paid by the Municipality in consequence of the encroachment or otherwise by reason of the exercise by the Owner of the permission hereby granted to maintain this encroachment over and upon Part 6 Plan llR-2760 ard the Owners hereby grant to the Municipality full power and authorityto settle any such actions, suits, claims and demands on such terms as the Municipality to pay to the Municipality on demand all monies paid by the Municipality in pursuance of any such settlement and also such sum shall represent the reasonable costs ofthe Municipality or its solicitors in defending or settling any such action, suits. claims or demands. Staff Report PR2009-04 regarding Encroachment Agreement - 22... Page 245 of 335 4. 5. 9. 10. 7. If any time hereinafter the Council of the Municipality in its sole discretion, resolves to terminate the privileges granted therein, the Owners agree to remove the encroachment or any part or parts thereof within sixty (60) days next after notice in writing of such resolution has been delivered or posted by prepaid mail to the owners at their address at the aforesaid premises and the Owner shall not be entitled to claim any damages whatsoever for the removal of the encroachment or any part or parts thereof. If the owner shall fail to maintain the encroachment in a safe condition to the satisfaction ofthe Municipality in its sole discretion or fail to remove the encroachment or anypan ofpans thereof pwsuant to the provisions of the next preceding paragraph of this Agreement or if, on the request of the Municipalþ, they refuse or neglect to repair the encroachment or any part or parts thereof within a reasonable time, the determination of which time can be made by the Municipalþ in its sole discretion, or remove the encroachment or any part or parts thereof within sixty (60) days after demand therefore by the Municipality, then the Municipality may cause the required work to be done or the required removal to be eflected either by its own servants or by some other person and the costs shall be determined and evidenced by a cefificate of the Treasurer of the Municipality and this determination shall be final. All such costs, charges and expenses so paid or incurred on the lands until fully discharged by the payment thereof and the jurisdiction as a debt owing by the Owner to the Municipality or may at the sole option of the Municipality be recovered by if from the Owners in like manner as municipal taxes as prescribed inthe Municipal Act, 2001, S,O. c. 25 as may be amended. No length of time or of enjoyment by the Owner of the encroachment or any part or parts thereofshall ensure or give a right to the Owners or their heirs, successors or assigns to maintain the encroachment or any part or parts thereof or acquire an easement or shall deprive the Municipality by the operation of any statute of limitation or otherwise of any right to require the removal ofthe encroachment or any pa¡t or parts thereof. The owner covenants and agrees with the Municipality that the encroachment upon Part 6 on Plan llR-2760 shall be limited to the encroachment depicted in Schedule "A" of this Agreement and that they will not increase, extend or enla¡ge or permit the increase, extension or enlargement of the said encroachment in any manner whatsoever, The owner covenants and agrees with the Municipality that this agreement may be registered against the title to the lands and that the costs of the preparation and registration of this agreement shall be paid by the Owner. The owner covenant and agree with the Municipality that in the event ofthe Owner transferring or selling the lands or any part thereof, the Owner shall forthwith notiff the Municipality in writing of such transfer or sale together with the name and address of the transferee or purchaser, The owners covenant and agree with the Municipality that for the purpose of this agreement, notice may be given to the Owner or owners for the time being, by mailing the notice post paid and addressed to the owners of the address of 22Pitt Street, Port Burwell, Onta¡io. Staff Report PR2009-04 regarding Encroachment Agreement - 22... Page 246 of 335 I l. This agreement and everything herein contained shall respectively enure to the benefit of and be binding upon the said parties hereto, their heirs, executors, administrators, successors and assigns respectively. IN WITNESS WHEREOF the said parties hereto, have hereunto set their hands and seals and the Corporations have hereunto caused to be frxed their Corporate Seals under the hands oftheir duly authorized officers in that behalfofthis - day of ,2009. SIGI\¡'ED, SEALED and DELIVERED in the presence of O\ryNER ( ( ( TITE CORPORATION OT' THE MTJNICIPALITY OF BAYIIAM Mayor ( ( ( Clerk We have authority to bind the Corporation ( ( ( Staff Report PR2009-04 regarding Encroachment Agreement - 22... Page 247 of 335 j!:::;,,; li.rî¡jl':i: +ù' T I Ì-- Lil \.4, \4 =-s N ai o'ti) :) rù í-v tLì N 88056'30'Y'{t\Ài ô trEÂlt r65.o'-û U b ño oo I 1r'.LU I JJ lNsT No- 22s)4,o6 Staff Report PR2009-04 regarding Encroachment Agreement - 22... Page 248 of 335 ì ¡';,:' CAUTION: rHrs PLax ri WITHIN. I.HE (Nb. lll j'. .. ' ì¡or a pc4r{ oi suaorvrstoH MeaNrN6 0E TlrE PLÂf.lNlNC. ACT.. :" oArEo.- ht&,J--l P. LAND REOISIFAR FOR TTtg ñEGISÍRY DIVÍSION OF ELGII¡ 4tzo q.-lì. 266 .q. fr. 0 I 3,2 ¡q. fl. ' SURVEYORS CERTIFICATE .I HERLBY CERÎIFY THAT| : " (rr.= lHrs EuRvEy-aNo PLAil -aR€ coRnEql.ÂN0 tN ÄccoRoÄNce.wtTH ,-i :..,: ¡l¡.0 1¡g.¡!699llioi¡s ¡raoE THEREurroER, .f21.- THrs suñvEY was CoMPLETE0. ox IHE larh oaY 0F ,rul¡Y,l9€5. f+IE SURVEYS.ACT ANO THE REGISTRY ACT .:ri,: .-:.FQUNC MONUMENTS ARE SHQWN ÍHUS rj- Staff Report PR2009-04 regarding Encroachment Agreement - 22... Page 249 of 335 Page 250 of 335 Correspondence received January 30, 2009 from Lloyd & Fran S... Page 251 of 335 Correspondence received January 30, 2009 from Lloyd & Fran S... Page 252 of 335 THE CORPORÁ.TION OF THE MI]NICIPALITY OF BAYHAM STAFF REPORT TO: Mayor & Members of Council DATE: February 2,2009 FROM: Clerk, LyndaMillard FILE: C.12 SUBJECT z 2009 Committee/Board Appointments NUMBER: C2009-003 Purpose: To provide a draft byJaw for the appointment of persons to Committees and Boards of Council. Background: Appointments to the various boards and committees of Council are confirmed on an annual basis. Comments: The attached draft ByJaw 2009-006 confirms volunteers having indicated a willingness to continue to serve on the various boards and committees of Council. Alice Vallee's term expired December 31/08. She has been contacted and is willing to accept a further three-year term expiring in 2011. There are two member atlarge vacancies for the Museums Bayham Board and I have been unable to contact Rick Postill to confirm his wishes. however. have left his name on for the Cenotaph Committee. As the Family Health Team is now in place and the Bayham Community Health Action Committee is no longer active, this committee has been removed from the appointments byJaw. Persons indicating a willingness to serve on the V/ind Interpretive Centre Workgroup, which reports directlyto Council, are included as the Bayham Community Economic Development Committee and its sub-committees have been suspended. Provision has been made for appointment of two Council representatives to the (Bayham) Municipal/Bayham Chamber of Commerce Liason Committee Staff appointees maybe amended at Council's discretion. 2009 Council member appointments are to be made or confirmed. Council members should consider changes, ifan¡ are in order. Staff Report C2009-003 regarding 2009 Committee/Board Appoin... Page 253 of 335 Staff Report c2009-003 Board & Committee Appointments Recommendation: UTIIAT Staff Report C2009-003 regørdìng Commìttee / Board Appoíntments be receìved; AND THAT By-law 2009-003, beíng a by-law to appoìnt members to the varíous boards ønd commíttees of Councí|, as díscussed, be presented to Councílfor enactment " Respectfully submitted Attachment: By-law 2009-003 -2- Reviewedby Staff Report C2009-003 regarding 2009 Committee/Board Appoin... Page 254 of 335 THE CORPORATION OX' TIIE MT]MCIPALITY OF' BÄYHÄM BY-LAW2009-006 A BY.LA\M TO APPOINT MEMBERS TO BOARDS AND COMN/trTTEES OF.TIIE MI]NICIPALITY WHEREAS the Council oftheMunicipalityofBayhamis desi¡ous to appointpersons to Boards and Committees for the purposes ofthe Corporation; AND WHEREAS the Council of the Corporation of the Municipality of Bayham deems it expedient to appoint zuch persons by by-law; THTREF'ORE TIIE COUNCIL OF THE CORPORATION OF THE MU¡ICIPALITY OF BAYHAM ENACTS AS FOLLOWS : l. THAT the following persons be and are hereby appointed to act as members of the following Boards and Committees of the Municipality of Bayham: (a) Committee of Adjustment Responsibility of Council Secretary-treasurer Planning Co-ordinator, Margaret Underhill (b) Community Centres Committee Council Ed Ketchabaw Wayne Casier Vienna Lions Clubs Representative William Gheysen, or alternate Straffordville Lions Clubs Representative Roy Stewart or altemate Community at Large Members Diane Squires Vienna Community Centre Manager Jacqueline B. Bootle (non-voting) Straffordville Community Centre Managers Jackie DeClercq (non-voting) Secretary & Staff Resource Lynda Millard (c) Cemetery Boards Bayham Joint Cemetery Board One representative from each individual Cemetery Board (as appointed by each Board) plus Council Cliff Evanitski Secretary & StaffResource Lynda Millard Individual Cemeterv Bo ards Straffordville Gerald Taylor / Lome Taylor / William Underhill Brent Stewart, Perry Grant & Francis Underhill Joe Neville / Murray Wisson & Carl Biro (Secretary -Treasurer) Eden James Tait (Secretary-Treasurer) / Hugh Howey / William Baldwin Herwin (Corþ) Ouellette / Lori Backus / Ray Maddox Calton Robert Davies (Chainnan) / Tracey Davres (Secretary-Treasurer) Roger James / Stan James / Wilheln Siernens / Isaak Banman / Peter Nuefeld Peter Froese Staff Report C2009-003 regarding 2009 Committee/Board Appoin... Page 255 of 335 B/r-2009-006 a Committee Appointrnents Individual Cemetery Boards (continued) Guysboro Theo Dickûout (Chairrnan & Joint Boa¡d Rep) / Vera May Dickûout Bonnie Coelho (Vice-Chairman) / Dan Rayson (Secretary-Treasurer) Elizabeth Ball I Emery Silverthom / Douglas Dennis Smuck Robert Gregson (Chairman) / Ha¡ris Teall / Tom Godby / Joan Gregson (Secretary- Treasurer) Dobbie George Scott i Ma¡k Elliott / Brad Swance / Jim Tirpper James Elliott (Secretary-Treasurer) / Redvers Conod (Chairman & Joint Board Rep) BayhamWest Larry Milrnine (Chairman) / Ralph Carter (Secretary-Treasurer) / Edwa¡d Ca¡ter Best (Corinth) George Beard / Ken Nesbitt / George Beard Jr. (d) MuseumsBayhamBoard Three (3) year term (expires 2009): Ron Bradfield / Jean Vy'oon / Mathew Schafer / Rosilee Peto Three (3) yea¡ term (expires 2010): Bev Hickey / / Ray Maddox @ayham Historical Society Representative / Cha¡les Buchanan @ort Burwell Historical Society Representative) Th¡ee (3) year term (to expire 2011): / Cheryl Peters / Brian Masschaele @rofessional Heritage Facility Representative) Council Representative: LynnAcre Altemate: Mark Taylor StaffLiason / Resource Lynda Millard (e) Joint Otter Valley Utility Corridor and Recreation Trail Committee @ayham / Tillsonburg) Council: LynnAcre CliffEvanitski EdKetchabaw StaffResource Kyle Kruger (Ð Wind Interpretive Centre Workgroup (reportìng dìrecþ to Councíl) Jackie Pulham /Ma¡rl'e Sebok / Ian Almond / Dennis Haggerty Mike Phillimore (or altemate - Malahide Representative) Lpn Acre (Bayham Representative) StaffLiason / Resource Kyle Kruger (g) Bayham Cenotaph Committss V/illiam Gheysen / Rick Postill / Shelley McGee Council Lynn Acre (oÐ Alternate Mark Taylor Staff Report C2009-003 regarding 2009 Committee/Board Appoin... Page 256 of 335 BlL2009-006 -J-Committee Appointunents (h) Bayham Historical Society Council Lpn Acre (or) Altemate Ed Ketchabaw (l) Long Point Region Conservation Authority (representing Bayham & Malahide-term expires 2010) Paul Ens C) Elgin Area Primary Water Supply System Joint Board of Management (Representing Aylmer, Malahide & Bayham) Bob Habkirk, Mayor, Town of Aylmer (or) Jack Couckuyt, Councillor, Town ofAylmer (altemate) (k) Port Burwell Secondary Water Supply System Joint Board of Management Council Lynn Acre (or) Wayne Casier (alternate) 0) Elgin f¡¡¡s Canada Trail Committee Council LynnAcre (m) Joint Police Services Board Council John V/ilson (the elected menrber rqlresenting Bayham and Malahide) 2007 - 2010 term rE)resented by Malahide (n) Community Emergency Management Program Committee Council CliffEvanitski (oÐ Lynn Acre (alternate) CEMC / Fire Se,r¡¿ice Paul Groeneveld Transportation Company (Hazardous Materials) Sean Cammaert (Future Transfer) Industry (Hazardous Materials) Andrew Sebok (Underhill Fa¡m Supply) Public Works Deparfrnent Gerry LeMay (or alternate) WaterAMaste WaterDeparhnent Edwa¡d Roloson Economic Development Kyle Kruger Land Use Planning Margaret Underhill Conservation Authorify CliffEvanitski (or altemate) MNRÆrovincial Parks Park Manager (or altemate) O.P.P. Operations Manager Kyle Cronk (or altemate) (o) Property Standards Committee for terms to expire as follows: Council Menrber November 30, 2009 Ed Ketchabaw Ratepaver Membe¡s Decernber 31, 2009 Jim Heve,nor Decernber 31, 2010 William Underhill Decenrber 31, 201 I Alice Vallee Secretary Breirda Gibbons (Ð MunicþaUBayham Chamber of Commerce Liaison Committee Council Representatives (2): Staff Report C2009-003 regarding 2009 Committee/Board Appoin... Page 257 of 335 (r) 3. BlL2009-006 -4-Committee Appointments Aylrner & Area Chamber of Commerce Economic I)evelopment Liason Committee Council Representative: Mayor Lynn Acre THAT the Mayor be ex-officio me.rrber of any committee and have the rights of any regular committee menrber; THÄ.T the term of these appoinfrnents shall be for a one-year term, excqrt the Joint Police Services Board and the Long Point Region Conservation Authority representative for Bayham & Malahide which shall be for a term endingDecønber 31,2010, and that appointees shall rernain in office until respective successors are appointed by Council; THAT appointnents By-law 2008-001, and all amendments thereto, be rqrealed; TIIAT this byJaw shall come into force and take effect upon final passing. READ A FIRST, SECOND AND THIRD TIMEA¡tD FINALLYPASSED THIS sthDAy OF' FEBRUARY2OO9. MAYOR CLERK 4. 5. Staff Report C2009-003 regarding 2009 Committee/Board Appoin... Page 258 of 335 TIIE CORPORATION OF THE MI]NICIPALITYOFBÄYHÄM Dß,flFT BY-LÄIY NO. 2009-011 A BY.LÄ\il TO AUTHORIZE THE EXECUTION OFA PROMOTIONAL AGREEMENT BETWEEN TIIE MI]NICIPALITY OF' BAYHAM ANI) THE CANADIAN MUSEI]MS ASSOCIÁ,TION TO CREATE AND CONDUCT A CONSUMER PROMOTION cfHE (PROMOTTON') WIIEREAS Section 1l of the Municipal Act 2001, S.O. 2001, c. 25 as amended, provides that a lower tier municipality may pass by-laws respecting Culture, parks, recreation, and heritage; AND WHEREÄS the Council of the Corporation of the Municþality of Bayham is desirous of entering into promotion agreements with the Canadian Museums Association on behalf of the Port Burwell Marine Museum and Historic Lighthouse and the Edison Museum of Vienn4 being Museums Bayham participants; NOW TIIEREF'ORE THE COIJNCIL OF'TIIE CORPORATION OF TIIE MI]NICIPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. THAT the Mayor and Clerk be and are hereby authorized to execute the Agreements attached hereto as Schedule "4" (Port Burwell Marine Museum and Historic Lighthouse) and Schedule "B" (Edison Museum of Vienna) and fomring part of this by-law, between the Corporation of the Municipality of Bayham and the Canadian Museums Association for particþation in the '?romotion"; 2. A¡tD THAT this byJaw shall come into full force and effect upon final passing. READ Ä, FIRST, SECOND AND THrRD TrME AND FTNALLY PASSED THrS srE pAY OF FTBRUARY2OO9. MAYOR CLERK Draft By-law 2009-011 regarding Promotional Agreement betwee... Page 259 of 335 Schedule "A" to By-law 2009-011 PROMOTIONAL AGREEMENT This is a Promotional Agreement (the "Agreement") between the Canadian Museums Association C'CMA") and The Corporation of the Municþality of Bayham (CMA Member) on behalf of the: ((Port BurweII Marine Museum and Historic Lighthouse" as of December 3rd, 2008. In consideration of the mutual covenants and promises herein, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: I. PROMOTIONS Subject to the terms and conditions set forth in this Agreement, the parties hereto agree to create and conduct a consumer promotion (the "Promotion"), as set out in Section 2 hereof, in Canada and during the Term (as defined in Section 4). 2, PROMOTIONAL EFF'ORT During the Term, the parties agree to abide by the Promotion as follows: a) one FREE entry to the CMA Member organrzation (to a maximum value of $10, one per paymg adult) when the bea¡er is accompanied by a full-fare paying adult; b) for clarification, the costs of redeuption or any related costs will not to be borne by Kellogg. Particþating CMA members shall be responsible for one hundred percent (100%o) of the cost of the coupon redemption at their institution; c) collect coupons and mail to the CMA at regular intervals tbroughout the Term of the Promotion; d) to clearly communicate at the member's point of entry / purchase it's participation in the Promotion by prominently displaying a collateral piece which will be provided to the member by Kellogg by way of CMA's bi-monthly mailing; e) Kellogg shall support the Promotion by hosting a Promotion-specific microsite featuring the CMA and the Promotion. Such microsite will be hosted by Kellogg and contain links to CMA and participating CMA members' websites. Kellogg shall be solely responsible for the creation of such microsite and all experuies associated therewith. CMA members shall work directly with the CMA and its assigned agencies to ensure the accuracy of these links and that only particþating CMA members are included within this microsite; I the CMA member is responsible for all aspects of the redemption and fulfillment of the coupon detailed in Section 2(a) and is responsible for the handling of any customer complaints relating to any failure of it's employees to honour the coupon; 3. REPRESENTATIONSAND\MARRANTIES Each party represents and warrants, recogrrizing that the other party is relying on such representations and warranties in executing this agreønent, that: (a) it is authorized to enter into and execute this agreement; (b) it has the power and authority to do or cause all of the obligations to be perfonned in acco¡dance with the terms hereof; and (c) is a validly subsisting entity under the jurisdiction of its formation. Draft By-law 2009-011 regarding Promotional Agreement betwee... Page 260 of 335 TERM (a) The temr of this Agreement with respect to all ma¡keting, promotional and other activities hereunder shall be for the period commencing on the date hereof and ending December 30, 2009 (the "Term"). (b) The Terrn of this Agreement shall not be extended except by a written agreement executed between the parties hereto. 5. NOTICES Any and all notices required or permitted shall be in writing, may be served personally or by mail, and shall be deemed sewed upon receipt. Such notices shall be addressed to the party to be served as follows: To Canadian Museums Association Association Des Musees Canadiens: 280 Metcalfe Street, Suite 400 Ottaw4 Ontario K2P lR7 Attention: Executive Director & CEO, CMA 6. CONFIDENTIALITY Each party covenants to keep shictly confidential, and not to disclose without the written consent of the othe¡ party, the facts and terms of this Promotional Agreement (collectively, the ttFactstt): Each party also covenants to keep strictþ confidential, and not to disclose without the written consent of the other party, inforrnation disclosed by the other party (ttre "Origrnating Party') relating to the business, operations, affairs, trade secrets or technology ofthe Originating Party and any other information or materials, documentation and data and reproductions thereof provided to the other (the "Recþienf') by the Originating Party (collectively, "Information"). Such Facts and Information may be disclosed by the Recipient only to such persons in the direct employ of Recþient or to such third parties who have a business need to know the same and who shall have agreed to abide by the terrns of this Agree,ment. Neither the nature nor the content of any Facts or Information shall, directly or indirectly, be disclosed to others or used for the benefit of any person other than the Recþiørt without the prior written pennission of the Originating Party. Recipient recogrr.izes that unauthorized use or disclosure of the Facts or Infomation would cause irreparable harm to the Originating Party. Notwithstanding the foregoing this Section 6 shall not apply to such Facts or Information which: (Ð as established by reasonable proof by the Recipient, is or becomes part of the public domain without any breach of this Agreement; or (iÐ is required by applicable law to be disclosed by the Recipient, provided that (a) the Recþient provides written notice to the Originating Party of such requirement prior to making any disclosure; (b) the Recþient, to the extent practicable, affords to the Originating Party, prior to making any disclosurg the opportunity of taking appropriate steps to avoid such disclosure; and (c) the Recipient makes all reasonable efforts to require the third pa¡ty to whom the Recipient may ultimately make such disclosure to retain the Facts or Infor¡nation so disclosed in confidence. This Section 6 shall survive the termination or expiration of this Agreement. Draft By-law 2009-011 regarding Promotional Agreement betwee... Page 261 of 335 7. SPECIAL REOIIIREMENTS - [e.g. offers, discounts in stores/shops, books, blackout dates. Add additional paCe(Ð if requiredl. N/A 8. APPLICABLELAW This Agreønent shall be governed by, and interpreted and enforced in accordance with, the laws in force in the Province of Ontario (excluding any conflict of laws, rule or princþle which migþt refer such interpretation to the laws of another jurisdiction). Each parry irrevocably submits to the non-exclusive jurisdiction of the courts of Ontario with respect to any matter arising hereunder or related hereto. 9. COI'NTERPARTS This Agreernent may be executed in any number of counterparts. Each executed counterpart shall be deemed to be an original. All executed counterpa¡ts taken together shall constitute one agreernent. IN IYITNESS }YHEREOF this Agreement has been executed by each of the parties hereto as of the first date w¡itten above. CANADIÄN MUSEIJMS ASSOCIATION Name: JohnMcAvity Title: Executive Director & CEO THE CORPORATION OF' THE MIJNICIPALITY OFBAYIIAM Name: LynnAcre Title: Mayor By: By: Name: Lynda Millard Title: Clerk Draft By-law 2009-011 regarding Promotional Agreement betwee... Page 262 of 335 Schedule "B" to By-law 2009-011' PROMOTIONALAGREEMENT This is a Promotional Agreernent (the "Agreement') between the Canadian Museums Association ("CMA') and The Corporation of the Municipality of Bayham (CMA Member) on behalf ofthe: @, as ofDecernber 3rd, 2008. In consideration of the mutual covenants and promises herein, the receþt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. PROMOTIONS Subject to the terms and conditions set forth in this Agree,ment, the parties hereto agree to create and conduct a consumer promotion (the "Promotion'), as set out in Section 2hereof, in Canada and during the Term (as defined in Section 4). 2. PROMOTIONAL EFFORT During the Temt, the parties agree to abide by the Promotion as follows: a) one FREE entry to the CMA Member organization (to a maximum value of $ 10, one per payrng adult) when the bea¡er is accompanied by a full-fare paying adult; b) for clarification, the costs of redemption or any related costs will not to be bome by Kellogg. Participating CMA members shall be responsible for one hundred percent (10070) of the cost of the coupon redemption at their institution; c) collect coupons and mail to the CMA at regular intervals tlroughout the Term of the Promotion; d) to cleady communicate at the member's point of entry / purchase it's particþation in the Promotion by prominently displaying a collateral piece which will be provided to the member by Kellogg by way of CMA's bi-monthly mailing; e) Kellogg shall support the Promotion by hosting a Promotion-specific microsite featuring the CMA and the Promotion. Such microsite will be hosted by Kellogg and contain links to CMA and particþating CMA members' websites. Kellogg shall be solely responsible for the creation of such microsite and all expenses associated therewith. CMA members shall work directly with the CMA and its assigned agencies to ensure the accuracy of these links and that onlyparticipating CMA meryrbers are included within this microsite; Ð the CMA member is responsible for all aspects of the redemption and fulfillment of the coupon detailed in Section 2(a) and is responsible for the handling of any customer complaints relating to any failure of it's ønployees to honour the coupon; 3. REPRESENTATIONS AND WARRANTIES Each party represents and warrants, reægtlzing that the other party is relying on such rqlresentations and watranties in executing this agreement, that: (a) it is authorized to enter into and execute this agreement; (b) it has the power and authority to do or cause all of the obligations to be performed in accordance with the terrns hereof; and (c) is a validly subsisting entity under the jurisdiction of its formation. Draft By-law 2009-011 regarding Promotional Agreement betwee... Page 263 of 335 4.TERM (a) The term of this Agreement with respect to all marketing promotional and other activities hereunder shall be for the period commencing on the date hereof and ending December 30, 2009 (the "Term"). (b) The Terrn of this Agreement shall not be extended except by a written agreement executed between the parties hereto. 5. NOTICES Any and all notices required or pennitted shall be in writing may be served personally or by mail, and shall be deemed sewed upon receipt. Such notices shall be addressed to the party to be served as follows: To Canadian Museums Association Association Des Musees Canadiens: 280 Metcalfe Street, Suite 400 Ottawa, Ontario K2P 1R7 Attention: Executive Director & CEO. CMA 6. CONF'IDENTIALITY Each party covenants to keep strictly confidential, and not to disclose without the written consent of the other part¡ the facts and terms of this Promotional Agreement (collectivel¡ the .rtr'actstt): Each party also covenants to keep strictly confidential, and not to disclose without the written consent of the other party, information disclosed by the other party (the "Origrnating Party") relating to the business, operations, affairs, tade secrets or technology ofthe Originating Party and any other infomration or materials, documentation and data and reproductions thereof provided to the other (the "Recþienf') by the Originating Party (collectivel¡ "Information"). Such Facts and Inforrnation may be disclosed by the Recipient only to zuch persons in the direct employ of Recipient or to such third parties who have a business need to know the same and who shall have agreed to abide by the terms of this Agreement. Neither the nature nor the content of any Facts or Information shall, directly or indirectl¡ be disclosed to others or used for the benefit of any person other than the Recipient without the prior written perurission of the Originating Party. Recipient recognizes that unauthorized use or disclosure of the Facts or Information would cause irreparable harm to the Originating Party. Notwithstanding the foregoing, this Section 6 shall not apply to such Facts or Information which: (Ð as established by reasonable proof by the Recþient, is or becomes part of the public domain without anybreach of this Agreement; or (iÐ is required by applicable law to be disclosed by the Recþient, provided that (a) the Recipient provides written notice to the Originatin gPúty of such requirernent prior to making any disclosure; (b) the Recipient to the extent practicable, af[ords to the Originating Party, prior to making any disclosurq the opportunity of taking appropriate steps to avoid such disclosure; and (c) the Recþient makes all reasonable efforts to require the third party to whom the Recþient may ultimately make such disclosu¡e to retain the Facts or Information so disclosed in confidence. This Section 6 shall survive the terrnination or expiration of this Agreement. Draft By-law 2009-011 regarding Promotional Agreement betwee... Page 264 of 335 7. SPECIAL REOUIREMENTS - [e.g. ofFers, discounts in stores/shops, books, blackout dates. Add additional page(s) if requiredl. N/A 8. APPLICABLE LA\ry This Agreement shall be governed by, and interpreted and enforced in accordance with, the laws in fo¡ce in the Province of Onta¡io (excluding any conflict of laws, rule or princþle which might ¡efer such interpretation to the laws of another jwisdiction). Each party irrevocably submits to the non-exclusive jurisdiction of the coufs of Ontario with respect to any matter arising hereunder or related hereto. 9. COI'NTERPARTS This Agreement may be executed in any number of counte4rarts. Each executed counterpart shall be deemed to be an original. All executed counterparts taken together shall constitute one agree,ment. IN IYTTNESS WIIEREOF this Agreement has been executed by each of the parties hereto as ofthe first date written above. CANADIAN MUSEI]MS Á.SSOCIATION Narne: John McAvity Title: Executive Director & CEO TFF', CORPORATION OF THE MT]NICIPALITY OF'BAYIIAM Name: LlmnAcre Title: Mavor Narne: Lynda Milla¡d Title: Clerk By: By: Draft By-law 2009-011 regarding Promotional Agreement betwee... Page 265 of 335 Draft By-law 2009-011 regarding Promotional Agreement betwee... Page 266 of 335 Municipality of Bayham Daily Process Data Collection 112912009 Facility: Works: Month: Bayham Water Distribution 12600047 481 - Bayham Water Distribution January-O8 to December-O8 CALL INS FOR lst QUARTER 2008 Oper. Highlight 211812008 Maintenance 311912008 Maintenance Details Call ln - 2 hours -emergency Hydro One at Scotia Line due to broken hydro pole to be replaced. OT - 2 hours - Checked out fire hydrant #12 damaged by Port Burwell Fire Dept. during fire call. Unable to shut hydrant off. Gate valves left on and opened slightly to prevent from freezing up. OT - 2 hours - Replaced leaking water main valve on Robinson Street between Shakespeare and Strachan St. in Port Burwell. CALL INS FOR 2nd QUARTER 2008 Maintenance 51412008 Oper. Highlight 511012008 Maintenance 5l22l20OB Maintenance 1012512008 Oper. Highlight 1 1 I 1 412008 Maintenance Details - 12 hours - Water main along Nova Scotia Line.Completed. Flushed hydrants to release air from distribution system. OT - 4 hours - Collected bacti samples for main break and delivered them to lab in London. OT - 1.5 hours - Repaired service line leak at 34 Wellington St port Burwell. OT - 2 hours - Performed a number of curbstop replacements in Port Bunruell and locating water main along Plank Road near Otter's Edge Trailer Park. CALL INS FOR 3rd QUARTER 2008 CALL INS FOR 4th QUARTER 2OO8 and flushed out hydrants in the distribution system to remove air from watermains. Collected second set of samples from the distribution system, site of repair and upstream from repair after the Lakeview Chamber Valve Change-out. OT -2 hours OT - I hour - Curbstop replacements in Port Burwell. Quarterly Report for Bayham Water Distribution System and ca... Page 267 of 335 Municipality of Bayham Daily Process Data Collection 1t29t2009 Facility: Works: Month: Bayham Water Distribution 12600047 48.| - Bayham Water Distribution January-08 to December-O8 CALL INS FOR 4th QUARTER 2OO8 Date Details OT -2 hours - Took water sample from tle and delivered them to the lab in London. Re-sample taken due adverse result from samples taken earlier in riveek. OT - 2 hours - Took water sample from the Straffordville Community Centre and ddivered them to the lab in London. Re-sample taken due adverse result from samples taken earlier in week. Call ln - 2hours - Performed emergency locates for Hydro One at 102 Robinson Street port Bun¡vell due to replacement of broken hydro pole. 11t1 Oper. Highlight 1 1 I 1612008 Oper. Highlight 1'l 12812008 Oper. Highlight Quarterly Report for Bayham Water Distribution System and ca... Page 268 of 335 Quarterly Report for The Bayham Water Distribution System for the period ending December 31, 2008 Waterworks # 260004748 Section 1 - lntroduction: This report is a summary of the first quarter's water quality, published in accordance with Ontario's Drinking Water Protection Regulation. lt includes important information regarding the source of water, analytical test results, and how these compare to the standards set by the Province. Section 2 - Gompliance With Provincial Requlations: The Municipality of Bayham water system is operated in accordance with provincial regulations. The following is the criteria used: . Use of Accredited Labs: Analytical tests to monitor the water quality are conducted by a laboratory audited by the Canadian Association for Environmental Analytical Laboratories (CAEAL) and accredited by the Standards Council of Canada (SCC). Accreditation ensures that the laboratory has acceptable laboratory protocols and test methods in place. lt also requires the laboratory to provide evidence and assurances of the proficiency of the analysts performing the test methods. . Operation by Licensed Operators: The water distribution system is operated and maintained by the Municipalities competent and licensed staff. The mandatory licensing program for operators of drinking water facilities in Ontario is regulated under the Ontario Water Resources Act (OWRA) Regulation 128104. Licensing means that an individual meets the education and experience requirements and has successfully passed the certifícation exam. Quarterly Report for Bayham Water Distribution System and ca... Page 269 of 335 . Sampling and Analytical Requirements: OWRA Regulation 170103, the Ontario Drinking Water Standards. More information on sampling and analysis, including results are available i¡ this report and from the Municipal Wastewater Treatment Plant. . Adherence to Ministry Guidelines and Procedures: To ensure the protection of the public's health and operational excellence, the Municipality adheres to the guidelines and procedures developed by the Ministry of the Environment and the Ministry of Health. Section 3 - Svstem Information: Facility Name: Bayham Water DistrÍbution System Contact: Municipal Location: Municipality of Bayham Water and Wastewater Superintendent: Ed Roloson ( overall responsible operator ) Water and Wastewater Operators: Bob Butler & Adam Swance Service Area: Port Burwell and Vienna Service Population: 2500 Operational Description: Bayham Water System is serviced by the Elgin Area Water System. lncluding the Municipalities of Central Elgin and Malahide. Raw Water Source: Lake Erie Treated Water: Elgin Area Water System Disinfection Method: Gas chlorination at Elgin Area Water Plant Secondary Disinfection Method: The sodium hypochlorite is residual and flow paced at the Port Burwell Tower and Lakeview Rechlorination Facility. Quarterly Report for Bayham Water Distribution System and ca... Page 270 of 335 Section 4 - Analytical Test Results: Vlicro biological )arameters October November December Quartcr Summarv MAG / IMAC fotal Coliform IFU/100mls {umber of Samples 12 9 15 36 \umber of )etectable Results 0 0 0 0 Min / Max Absent ixceedences 0 0 0 0 lesample :ecal Goliform or E-Goli Gount )FUl100mls \umber of Samples 12 9 r5 36 \umber of )etectable Results 0 0 0 0 Min / Max Absent ixceedences 0 0 0 0 {eterotrophic tlate Gount / 3ackoround {umber of Samoles 12 9 t5 36 \umber of )etectable Results 0 0 0 0 Min / Max 500/200 cFU ixceedences 0 0 0 0 lesample l-ypical Source of Sontamination vlicrobial contaminants, such as viruses and bacteria, may come fron reptic systems, agricultural livestock operations, wildlife, and wastewatel reatment olants. Somments: Samples are collected weekly from the Port BurwellWorks Yard, Port Burwell ¡Vastewater Treatment Plant and in Vienna at the Vienna Home Centre. Quarterly Report for Bayham Water Distribution System and ca... Page 271 of 335 Operational Parameters Number of Detectable Results below Reg. uirements 0.05 Min. 4.00 Max.0.77- 1.00 0.44- 1.19 0.82 - 1.41 o.44 - 1.41 Operational Parameters October November I)ecember Quarter summary MAC/IMAC Chlorine Residual Free (daily ) Daily chlorine testing is done at the extremities of Vienna & Pt. Burwell. Number of Samples 62 60 62 r84 Number of Detectable Results below Reg. reouirements 0 0 0 0 Min/Max. mg/l Port Bunvell 0.28 - 0.72 0.48 - 1.33 1.02 - 1.50 0.28 -1.50 0.05 Min. 4.00 Max. Min/Max. mg/l Vienna 0.20 - 0.51 0.21 - 1.22 0.94 -1.41 0.20 -1.41 0.05 Min. 4.00 Max. Section 5 - Discussion of Analvtical Results: It was found through thorough sampling that there were no adverse results during this time period. Quarterly Report for Bayham Water Distribution System and ca... Page 272 of 335 Section 6 - List of all Gompounds Detected in Analvsis of Water Samples: Parameter Crrmnrrr¡nrf JIIAG-orlMAC Trihalomethanes (quarterlv) 0.052 mg/L Port Burwell 0.046 mq/L Vienna 0.100 mg/L Lead Pb (tested in 2"u & 4rn ouarter )0.33 - 5.78 ug/L 10 ug/L MAC Section 7 - Definitions and Abbreviations: . MAC - Maximum Acceptable Concentration.. IMAC - lnterim Maximum Acceptable Concentration.. Coliform Bacteria - A group of commonly occurring rod shaped bacteria. Their presence in a water sample is indicative of inadequate filtration and/or disinfection.. Fecal Goliform Bacteria - Refers to a subgroup of coliform bacteria present in the digestive system of warm blooded animals and humans.. Heterotrophic Plate Gount (HPC) - A method of measuring bacterial content in water samples. Also known as Standard Plate Count.. Organic Parameter - A group of chemical compounds containing carbon.. lnorganic Parameter - A group of chemical compounds not containing carbon.. Raw Water - Surface or ground water available as a source of drinking water that has not received any treatment. Quarterly Report for Bayham Water Distribution System and ca... Page 273 of 335 Page 274 of 335 Quarterly Report for The Municipality of Bayham Small Municipal Non'Residential Wells for the period ending December 3l, 2008 Straffordvi lle Commu n ity Gentre Bayham Medical Gentre Bayham MunicipalOffice Straffordville Library Straffordville Firehall Eden & Area Community Gentre Section 1 - lntroduction: This report is a summary of the second quarter water quality, published in accordance with Ontario's Drinking Water Protection Regulation. lt includes important information regarding the source of water, analytical test results, and how these compare to the standards set by the Province. Section 2 - Gompliance With Provincial Requlations: The well systems listed above are operated in accordance with provincial regulations. The following is the criteria used: . Use of Accredited Labs: Analytical tests to monitor the water quality are conducted by a laboratory audited by the Canadian Association for Environmental Analytical Laboratories (CAEAL) and accredited by the Standards Council of Canada (SCC). Accreditation ensures that the laboratory has acceptable laboratory protocols and test methods in place. lt also requires the laboratory to provide evidence and assurances of the proficiency of the analysts performing the test methods. . Sampling and Analytical Requirements: Sampling and analysis schedule required by Ontario Regulation 252105, and the Ontario Drinking Water Standards are fully complied with. More information on sampling and analysis, including results are available in this report and from the Municipal Wastewater Treatment Plant. Quarterly Report for the Bayham Small Municipal Non-Resident... Page 275 of 335 . Adherence to Ministrv Guidelines and Procedures: To ensure the protection of the public's health and operational excellence, the Municipality adheres to the guidelines and procedures developed by the Ministry of the Environment and the Ministry of Health. Section-3--- Anahdical-I-esf-Results : Vlicro biological )arameters October November December Quarter Summary MAC / IMAC fotal Goliform :ounts/100mls \umber of Samples 12 23 t8 42 \umber of )etectable Results 0 6 0 0 Vlin / Max Straffordville Comm Centre range from 1 - 11 TC Absent lxceedences 0 6 0 0 lesample 0 :ecal Coliform or E-Goli Count ¡ounts/100mls \umber of Samoles 12 12 l8 42 \umber of )etectable Results 0 0 0 0 Min / Max Absent ixceedences 0 0 0 0 lesample Absent {eterotrophic )late Gount & 3ackground ]ount No longer required undet new rezulatior \umber of Samoles 0 0 0 0 \umber of )etectable Results 0 0 0 0 Min / Max 500 Counts/ml 200 Counts/mL ixceedences 0 0 0 0 Quarterly Report for the Bayham Small Municipal Non-Resident... Page 276 of 335 Section 4 - Discussion of Analvtical Results: the Straffordville Com Parameter Gompound MAC or IMAG Nitrates No longer required to be tested under new rezulation 10 mg/L MAC Sodium As above 20 mc,lL MAC Section 5 - List of all Gompounds Detected in Analvsis of Water Samples: o All facilities are posted non-potable and bottled water is provided. Section 6 - Definitions and Abbreviations: . MAC - Maximum Acceptable Concentration.. IMAC - lnterim Maximum Acceptable Concentration.. Goliform Bacteria - A group of commonly occurring rod shaped bacteria. Their presence in a water sample is indicative of inadequate filtration and/or disinfection.. Fecal Coliform Bacteria - Refers to a subgroup of coliform bacteria present in the digestive system of warm blooded animals and humans.. Heterotrophic Plate Gount (HPC) - A method of measuring bacterial content in water samples. Also known as Standard Plate Count.. Organic Parameter - A group of chemical compounds containing carbon.. lnorganic Parameter' A group of chemical compounds not containing carbon.. Raw Water - Sudace or ground water available as a source of drinking water that has not received any treatment. Quarterly Report for the Bayham Small Municipal Non-Resident... Page 277 of 335 Page 278 of 335 t) íì Faim Oporator: Underhill FamsS¡to*:ffi TotalAmountApp¡¡eO:ffi Appllcat¡onMethoC:ffi Datoof Appllcatlon:ffi Sample Results Total Su3ponded Solld! Total Ammmla Mt + Nll. NlHt ar N Nlbats a! N Nltrlto + Nltrato a! N Potaaslum Phosphoru3 E.Coll (cfu/l00mL)Maximum AlloMbl6 Concent€tion 25400 73.1 0.8 1.0 1.8 170 1100 7'1000 m9/L mgLfl- mgú- m9/L m9./L m9/L mg/L +tthr,sÀ F%l .s* #4hd ne/L É¡e%t msÀ ÉPPîa,n¿ r -ru*-ır ,n,. #wH,nr #le¡%a,gr #eltd.str l-@!.sfl ms/L & ns/L l--r-:ãil -sns| ]-Eil *^n|: -s,rgl-3î:ìãl -¡., @l -&r!f9- __ge!Ef!!_ __çgÞElt__ -_chMlgE_ coppdI l70l ns,ts L 341 -gng l____!4gl nsns f-----76ıöl msns l--Tııl -eftc :q n"nn l'E .s^t E:l "ur*s æN **o 13 nnns E@l 's*c - r-llrrcuryn - Ægeg, _NÉg_ _L€9!_ __Sete^l*_ JcnsÂs L___J!ll nsÁs I s4l n9iÌ9 I 42ıl ng,¡rg f-----Trool mg¡kg f---ãl mgfts l--Tıdl ms*s Sludgo Cocñùll df-------ãl ns/L Mülmñ i4olålConcêitr6tlon ¡n hEikg ng mot lpúlg.olld. Samplo Dats: April 30,2008 Biosolids Application Analysis dated May 1/08 and Oct 14/08,... Page 279 of 335 Port Burwell Wastewater Treatment plant Municipality of Bayham Annual Gompliance Summary Rorlons forf.lluÞ, Othor Pþblom!: Remodlal Acflont: Effluont dlsch¡rgo to the Blg Obr C@k Year: Worfs # : 2008 fi0001319 Populatlon Seryed: 2460 Deslgn Avg Flow (m3): toso 2008 Tot l Flow ma Avg. Dly Flow h3 M.x Dly Flow Avg, R.w CBOD lmsrL) &NÈMIUAL UZ DtsMAND Avg. R.w I Avg, Eft I Avg. Lo¡dCBOD CBOD I CBOD lkord.vì ' lño¡Ll ¡t^td¡vì 5UüFENOED SOLIDS Avg. R.w ¡vg: E L t Avg. Lordss ss sslñorli fñdrir i &drd'vì Avg. R.w Pho.. (msrl) Avg. Efi. Phor. (nqtlÌ Avg. Lord Phor. NI I KUGÈN 5ÈKIÈ5 avg. E{. ¡vs. L9¡.q Avg. Eff NHr + NH4 NH¡ + NH¡ Nltr.te Avg. Eff Nltrlte E, Coll Gao. Moan DO pH KOCeNtng Streem lomp, J.nurry Fcbtu.ry Mârch Apdl M¡y Juno J!¡ly Augu!t Ssptomber Octobor Novomber 20657 25053 230,4'2 2t018 18647 184t6 I 8099 '!8.59q r8999 I 9921 27ß!i 712.3 8ô3.9 794 6 724 I 6¡i3.0 59¡1.1 616 I 612 5 €64 0 933 ¡ 141 1.0 1907.0 1381.0 ,l008.0 92ô.0 642 0 8æ.0 832.0 763 0 t't 87 0 123 ø 198.3 183.0 200.0 I 86.3 256 0 255.3 227.O 157,4 88.18 223.92 157.57 228.53 l'f8.05 1'18,82 108.76 157 90 't 56.37 I 50,73 146 92 5,ZO 5.50 5.80 5.80 6.30 3.80 4!0 2.30 2.30 5.40 3.56 5.01 4.61 1.57 2.44 2.08 2.04 2.47 1.41 1.53 504 'i33 6 152.8 32A,O 201.5 Í9.3 s92.6 214.5 '159.8 212.6 208 I 228,O 155.6 749 780 480 530 3!g 280 450 420 400 830 s.77 5.27 ø,74 9,8r 3.84 1.S9 '1.66 2.63 2.57 2,66 !.7p 6.70 6.23 9,08 7.10 6.01 5.96 6.71 5,95 5.97 4.21 q.4E 0.58 0.38 0.3'l 0.28 o.32 o.:28 0,1q 0.21 0.13 0.'t 3 o30 033 0!r 033 025 o20 921 o17 0fi 013 008 009 123 132 129 'I 35 050 022 09r 010 9ls 0'tô 013 0.84 0.94 1.07 0.36 q.r4 0.18 0.06, -0.090.10 0.æ 15.41 1382 557 855 10 82 9.86 sø2 10 56 f0 68 12 34 12.71 0.34 0.20 o.25 0.09 o,14 0.19 0.0ô 0.06 0.t7 0.'t5 o.52 0.6_2 52.30 27.47 30.,{1 8.10 23.57 14.36 5.05 8.84 0.04 0.01 6.66 9,22 5.70 5.56 5.24 5.16 5.10 5.17 5.r11 5.32 7.63 7.48 7.74 7.14 7.'t5 7,20 7.25 7.32 7.22 o.2 o,2 7.4 1.1:1 17.3 23.3 20.2 15.5 7.7 3.4 1.8AVEUGE MAXIMUM 2708S.0 933 ¡f 2120.O z1g 2 315 !229.51 6!O 5,04 992.60 4.12 3.15o.io I r.ib 614 908 030 058 o,21 083 0.65 11.,t9 o-22 ß24 5.70 7.40 CRITERIA fmzlng t060,0 l5 l5 t5 90 <15 <15 t5 90 f0 l0 1.06 216 oBJEcTtvEs ] non-tmezlm t060 0 YES 10.60 YES YES YES YES <'l -<3 YES 't.06 3.18 Yot 150.00 150 00 >s I >5 OBJECTIVES !@zlng 1060.0 <10 10.60 <nt< Biosolids Application Analysis dated May 1/08 and Oct 14/08,... Page 280 of 335 Slud0a Con6hEtion f----------T6?ıl msl_ il¡xlnun MetslConc¿itdlon ¡n mgikg mg mabl pcrtglolld. Samplo Dat€: Oclober 14,2OOB r--åtrg!q- --ç9!!'uI- cobslt chrcmiun coppd Medry Morybd€num Nrd€r Leed s.r€nrum zncI 0.31 ns/l- f to5l msrl T----o-til ms/t_ T-----ïãl mgL l-tìl .sÍ_ T-=-oio'l ,4 Ë=--::l ,e/L l-...saı.31 ,s/L l--s={-ıl .s/L lli:sıãl me/L l-=:-ùl ms/L l-15-¡ãl 'q¡g l_l 's'ks æ 's,ks æ -s,ke @ -s/kc æ .e,*s æt 'e,ke æt "n^s æ .c,kc æl mere @ mone AMnic cdmlum cobell chÞmium coppgr Me@ry -ugIEgryr- Nic.ket Lêåd sotôntum zncf- 1?ol nsns f-EJ ng¡(g f------ãö'l mstg -r:ä-l ns,rs T-=T;ıd .cks l-si=Tl msúks I sl mefte I a2ıl "s*s re ,cag [: msfrg f-----Tm-l nsfte Farm Opsrator: Underh¡lt Fems Slte # : S-051341 Total Amount Appliod : 660 cubic metres Application Method : Dato ofApplication : Total UsebleAcÉs 44.34 w¡th auto floetâtion unit Sample Rosults Total Suspended Solids Total Ammom¡å t{H! + NH N¡trlte as N NltEte as N Nltrlte + Nltnte as N Potassium Phosphorus E.Coll (cfutl00mL) 180 mg/L 'l300 ms/L 38000 MaximumAllowableConæntÉtion 19700 msil 3.1 mg/L 0.3 mgL/L 45 ng/L 45 mg/L Biosolids Application Analysis dated May 1/08 and Oct 14/08,... Page 281 of 335 Facility: Works: Month: Municipality of Bayham Daily Process Data Gollection Port Burwell Wastewater Tls [110001319] - Port Burwell Wastewater Treatment Ptant October-08 to December-O8 Details 1t29t2009 1 CALL INS FOR 4th QUARTER 2OO8 11 l3l20Ù8 Oper. Highlight 11 11512008 Oper. Highlight 1 1 11612008 Oper. Highlight 121912008 Oper. Highlight 12117 12008 Oper. Highlight 1212412008 Oper. Highlight 1212512008 Oper. Highlight 1212612008 Oper. Highlight 1212812008 Oper. Highlight ransducer and raw pump chamber. out and other alarms reset and level transducer. Call ln - 1 Hour- lnfluent #2Leak Detection Alarm. Reset and OT - I Hours - Force main between Eden and Straffordville became clogged/plugged. Unable to pump down Eden Pump Station wet well. Checked pumps - okay. CC Dance on-site to vac down wet well and to blow out clog. OT - 6 Hours - Worked on freeing up clog in force main at the bottom of Black Bridge Hill with help from CC Dance and F Mechanical. Operational I High Flows (Weather) I Power Failure/Outage Biosolids Application Analysis dated May 1/08 and Oct 14/08,... Page 282 of 335 CORPORATION OF THE MUNICIPALITY OF BAYHAM STAFF REPORT TO: Mayor & Members of Council FROM: Planning Coordinator/Deputy Clerk SUBJECT: Household Hazardous Waste/Large Item Disposal DATE: February 2,2009 FILE: E09 NUMBER: E2009-001 Purpose To confirm the 2009 Household Hazardous 'Waste and Large Item Drop-off Day and to recommend that Clean Harbors Canada lnc. be retained to manage thehazardous waste. Background A service level budgeted for the last several years includes a single Hazardous'Waste and Large Item Drop-off Day, held at the public works yard at the end of May (on the Saturday following the long weekend) each year. Municipal staff has manned the event with Clean Harbors managing the collection and disposal of the hazardous waste. Staff Comments In order to have a contract in place for Hazardous Waste Drop-off, arrangements need to be finalized shortly. In addition, it is beneficial to have confirmation for resident inquiries and to provide advance public notice of the event. Contact has been made with Clean Harbours, and they are tentatively booked for Saturday, May 23rd,2009 from 9:00 a.m. to 2:00 p.m. The Household Hazardous 'Waste and Large Item Drop off Day is included in the current draft 2009 Budget. Recommendation "That the 2009 Household Hazardous Waste and Large Item Drop-off Day be arranged for Saturday I0lday 23rd, 2009, and that Clean Harbors Canada Inc. be retained to manage the Hazardous Waste Drop-off collection and disposal." Respectfully submitted Planning Coordinator/Deputy Clerk Kruger Staff Report E2009-001 regarding Household Hazardous Waste/L... Page 283 of 335 Page 284 of 335 THE CORPORATION OF THE MIJMCIPALITY OF' BAYHAM BY-LAW2009-006 A BY.LAW TO APPOINT MEMBERS TO BOARDS AND COMMITTEES OF THN MI]NICIPALITY \YHEREAS the Council of the Municipatity of Bayham is desirous to appoint persons to Boards and Committees for the purposes of the Corporation; A¡tD WHERE¡\S the €ouncil of the eorporation ofthe Municipality of Bayham deems it expedient to appoint zuch persons by by-law; THE'REF'ORE TIIE COI'NCIL OF'TIIE CORPORATION OF THF' MUNICIPALITY OF BAYHAM ENACTS AS F'OLLOWS: 1. THAT the following persons be and are hereby appointed to act as members of the following Boards and Committees of the Municipality of Bayham: (a) Committee of Adjustment Responsibility of Council Secretary-treasurer Planning Co-ordinator, Margaret Underhill (b) Community Centres Committee Council Ed Ketchabaw Wayne Casier Vienna Lions Clubs RçresentativeWilliam Gheysen, or alternate Straffordville Lions Clubs Representative Roy Stewart or altemate Community at Large Members Diane Squires Vienna Community Centre Manager Jacqueline B. Bootle (non-voting) Straffordville Community Centre Managers Jackie Declercq (non-voting) Secretary & StaffResource Lynda Milla¡d (c) Cemetery Boards Bayham Joint Cemetery Board One rqrresentative from each individual Cemetery Board (as appointed by each Board) plus Council CliffEvanitski Sectetarv & Staff Resource Lrmda Millard Individual Cemetery Boards Straffordville Gerald Taylor / Lome Taylor / Willia¡n Underhi[ Brent Stewart, Perry Grant & Francis Underhill Joe Neville / Murray Wisson & Carl Biro (Secretary {reasurer) Eden James Tait (Secretary-Treasurer) / Hugh Howey / V/illiam Baldwin Herwin (Corþ) Ouellette / Lori Backus / RayMaddox Robert Davies (Chainnan) / Trccey Dawes (Secretary-Treasurer) Roger James / Stan James / wilhelm Siemens / Isaak Banman / Peter Nuefeld Peter Froese Calton By-law 2009-006 A By-law to appoint members to Boards an... Page 285 of 335 BlL2009-006 a Committee Appointrnents Individual Cemetery Boards (continued) Guysboro Theo Dickfiout (Chairman & Joint Board Rep) / Vera May Dickhout Bonnie Coelho (Vice-Chairman) / Dan Rayson (Secretary-Treasurer) Elizabeth Ball I Emery Silverthorn / Douglas Dennis Smuck Robert Gregson (Chairman) / Harris Teall / Tom Godby / Joan Gregson (Secretary- Treasurer) Dobbie George Scott / Mark Elliott / Brad Swance / Jim Tupper James Elliott (Secretary-Treasurer) / Redvers Conod (Chairman & Joint Board Rep) BayhamWest Larry Milmine (ChairrnaQ / Ralph Carter (Secretary-Treasurer) / Edward Carter Best (Corinth) George Beard / KenNesbitt / George Bea¡d Jr. (d) MuseumsBayhamBoard Three (3) year term (expires 2009): Ron Bradfield / Jean Woon / Mathew Schafer / Rosilee Peto Th¡ee (3) yea¡ term (expires 2010): Bev Hickey / / Ray Maddox @ayham Historical Society Representative / Cha¡les Buchanan (Port Bwwell Historical Society Representative) Three (3) vea¡ terrn (to expire 201 1): / Cheryl Peters / Brian Masschaele @rofessional Heritage Facility Representative) Council Rqrresentative: Lynn Acre Altemate: Mark Taylor StaffLiason / Resource Lynda Millard (e) Joint Otter Valley Utility Corridor and Recreation Trail Committee @ayham / Tillsonburg) Council: LynnAcre CliffEvanitski Ed Ketchabaw StaffResource Kyle Kruger (Ð Wind Interpretive Centre lVorkgroup (reportíng dìrecþ to Council) Jackie Pulham / Mamie Sebok / Ian Almond / Dennis Haggerty Mike Phillimore (or alternate - Malahide Representative) Lynn Acre @ayham Representative) StaffLiason/Resource Kyle Kruger (g) Bayham Cenotaph Committee Willia¡n Gheysen / Rick Postill / Shelley McGee Council Lynn Acre (or) Alternate Mark Taylor By-law 2009-006 A By-law to appoint members to Boards an... Page 286 of 335 BlL2009-006 Committee Appointnents (h) Bayham llistorical Society Council Lynn Acre (oÐ Altemate Ed Ketchabaw (l) Long Point Region Conservation Äuthority (representing B ayham & Malahide-term expires 201 0) Paul Ens 6) Elgin Area Primary Water Supply System JointBoard of Management (Representing Aylmer, Malahide & Bayham) Bob Habkirk, Mayor, Town of Aylmer (or) Jack Couckuyt, Councillor, Town of Aylmer (altemate) (k) Port Burwell Secondary Water Supply System Joint Board of Management Council Llmn Acre (oÐ Wayne Casier (altemate) (l) Elgin f¡¿¡5 Canada Trail Committes Council LynnAcre (m) Joint Police Services Board Council John Wilson (the elected mernber rqlresenting Bayham and Malahide) 2007 - 2010 term represented by Malahide (n) Community Emergency Management Program Committee Council CliffEvanitski (oÐ LynnAcre (altemate) CEMC / Fire Service Paul Groeneveld Transportation Company (Hazardous Materials) Sean Canmaert (Future Transfer) -J- Industry (Hazardous Materials) Public Works Departm,ent'Water/Waste Water Department Economic Development Land Use Planning Conservation Authorify MNRÆrovincial Pa¡ks O.P.P. Operations Manager Andrew Sebok (Underhill Farm SuppÐ Gerry LeMay (or alternate) Edward Roloson Kyle Kruger Margaret Underhill Cliff Evanitski (or altemate) Park Manager (or alternate) Kyle Cronk (or altemate) (o) Property Standards Committee for terms to expire as follows: Council Member November 30. 2009 Ed Ketchabaw Rateþaver Members Decsmber 31,2009 Jim Hevenor December 31,2010 William Underhill December 31, 201I Alice Vallee Secreta¡v Brenda Gibbons (Ð MunicipaUBayham Chamber of Commerce Liaison Committee Council Rçresentatives (2): By-law 2009-006 A By-law to appoint members to Boards an... Page 287 of 335 -4- 4, 5. REÄDArrRsr, snco¡tp AIïD THrRDTIMEAnD FTNALLypassnD THrs söoAvor' TBIÜtIARY2O(l9. By-law 2009-006 A By-law to appoint members to Boards an... Page 288 of 335 TIIE CORPORATION OF THE MTJNICIPALITY OF BAYIIAM BY-LA\il NO .2009-007 ABY.LA}Y TO ASSUME A¡TD ESTABLISH LAIIDS IN TIIE MUNICIALITY OF BAYHAM AS PART OX' THE OPENPUBLIC HIGTT\ryAY SYSTEM (SANDYTOWIYROAD) \ilIIEREAS the Municipality of Bayham acquired properties for the purposes of improving the municipal road known as Sandytown Road; AND WIIEREAS the Council of the Municipality of Bayham desires to establish the said parcels of land as part of the open public highway system of the Municipalþ pursuant to Section 31(l) of the Municipal Act,200l, S.O. 2001, c.25,as amended. THEREFORE TIIE COI]NCIL OF TIIE CORPORATION OX'TIIE MT]¡ICIPALITY OÍ' BAYIIAM ENACTS AS FOLLOWS: 1. TIIAT the pmcels of land listed below and situated in the Municipality of Bayham in the County of Elgin be and the same are hereby assumed and established as part of the open public highway system of the Municipality of Bayham: Descrintion Public Hishwav Part of Lot 124, ConcessionNTR, Municipality Sand¡own Road of Bayham, County of Elgin, designated as Pafs l, 2,3,5 and 6 on Plan I lR-5215 Part of Lot 124, Concession NTR, Municipality Sand¡own Road of Bayham, County of Elgin, designated as Pa¡t 1 on PlanllR-6242 2. TIIAT this byJaw shall take effect upon the date of its registration in the Land Registry Office for the Registry Division of Elgin (No, l1). 3. TIIAT the Clerk or designate is hereby authorized to amend the parcel designation noted in this By-law, if necessary upon registration of this By-law. READ A FIRST, SECOND TIME AI\D THIRD TIME AND FINALLY PASSED THIS 5TH DAY OF. r'EBRUARY. 2009. MAYOR CLERK By-law 2009-007 A By-law to assume and establish lands a... Page 289 of 335 Page 290 of 335 THE CORPORATION OF THE MT]NICIPALITY OF BAYHAM BY-LAW NO. 2009-010 A BY-LA\ry TO AUTHORIZß,THE EXECUTION OF AN ENCROACHMENT AGREEMENT BETWEEN THE MI]NICIPALITY OF BAYIIAMAI\D JIMMY MARCEL VEZINA AND MICIIELLE MAY LYNN VEZINA \ilHEREAS the Council ofthe Corporation of the Municipality ofBayham is desirous ofentering into an encroachment agreement with Jimmy Marcel Yezina and Michelle May Lynn Yezina regarding property known municipally as 22 Pitt Street. NOW THEREFORE THE COIJNCIL OF'THE CORPORATION OT'THE MUNICIPALITY OF'BAYIIAM ENACTS AS X'OLLOWS: 1. TIIAT the Mayor and Clerk be and are hereby authorized to execute the Encroachment Agreement attached hereto as Schedule "4" and forming part of this byJaw between Jimmy Marcel Vezina and Michelle May Lynn Yezira 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 FINALLY PASSED TIIIS sTH DAY OF X'EBRUARY 2009. MAYOR CLERK By-law 2009-010 A by-law to authorize the execution of a... Page 291 of 335 AGREEMENT AGREEMENT made in Quadruplicate this - day of ,2009. B E T WEEN: JIMMY MARCEL VEZINA AND MICHELLE MAY LYNN VEZINA he¡einafter called the "Owners" of the FIRST PART AND THE CORPORATION OF THE MUNICIPALITY OF BAYHAM hereinafter called the "Municipality" of the SECOND PART l. The Owners represent that they are the Owners of the lands and premises (hereinafter called "the lands') described as part of Lots 14 ærd 15, West of Erieus Street, designated as PART 7 on Plan llR-2760, Village of Port Burwell and known municipally as 22 Pilt Street, Port Burwell, Ontario and identifred by Roll No. 34 02 000 001 30000. 2. The Owners have requested the Municipality to grant them permission to maintain and use the structure that encroaches upon Pa¡t 6 on Plan I 1R-2760 (hereinafter called "the encroachment') as depicted on the plan which is Schedule "4" annexed hereto and made part of this agreement. 4. The Council ofthe Municipality of Bayham deems it appropriate to grant suchpermissionto the Owners to maintain the encroachment as previously described subject to the terms, conditions and provisions of this Agreement and this Agreement has been authorized by a byJaw of the Council, being ByJawNo. 2009-010. NO\Y THEREFORE, in consideration ofthe premises, and other good andvaluable consideration and the covenants and agreement hereinafter to be performed, the parties hereto covenant and agree as follows: 1. The Municipality, during the pleasure of its Council, subject to the terms, conditions and covenants of this Agreement shall allow the Owner for the time being of the lands, the privilege of maintaining and using the structure on lands known municipally as 22 Pitt Street that encroaches upon Part 6 on Plan I lR-2760 more particularly depicted in Schedule "4" annexed hereto until such time as the said structure shall be demolished, removed or destroyed or otherwise ceases to exist or until any such part ofparts ofthe said highway so encroached upon is or are required by the Municipalþ for any purpose whichever shall first occur. 2. The Owner shall maintain the encroachment in all respects to the satisfaction of the Municipality upon its direction. 3. The Owner will always indemnifr and keep indemnified the Municipalþ against all actions, suits, claims and demands which may be brought against or made upon the Municipality and against all loss, costs, damages, charges and expenses whatsoever which may be incurred, sustained or paid by the Municipality in consequence of the encroachment or otherwise by reason of the exercise by the Owner of the permission hereby granted to maintain this encroachment over and upon Part 6 Plan llP.-2760 and the Owners hereby grant to the Municipality full power and authority to settle any such actions, suits, claims and demands on such terms as the Municipality to pay to the Municipality on demand all monies paid by the Municipality in pursuance of any such settlement and also such sum shall represent the reasonable costs of the Municipality or its solicitors in defending or settling any such action, suits, claims or demands. By-law 2009-010 A by-law to authorize the execution of a... Page 292 of 335 4.If any time hereinafter the Council of the Municipality in its sole discretion, resolves to terminate the privileges granted therein, the Owners agree to remove the encroachment or any part or parts thereof within sixty (60) days next after notice in writing of such resolution has been delivered or posted by prepaid mail to the owners at their address at the aforesaid premises and the Owner shall not be entitled to claim any damages whatsoever for the removal of the encroachment or any part or parts thereof. If the owner shall fail to maintain the encroachment in a safe condition to the satisfaction of the Municipality in its sole discretion or fail to remove the encroachment or any part ofparts thereof pursuant to the provisions of the next preceding paragraph of this Agreement or it on the request of the Municipality, they refuse or neglect to repair the encroachment or any part or parts thereof within a reasonable time, the determination of which time can be made by the Municipality in its sole discretion, or remove the encroachment or any part or parts thereof within sixty (60) days after demand therefore by the Municipality, then the Municipality may cause the required work to be done or the required removal to be effected either by its own servants or by some other person and the costs shall be determined and evidenced by a certificate of the Treasurer of the Municipalþ and this determination shall be hnal. All such costs, charges and expenses so paid or incurred on the lands until fully discharged by the paymentthereof andthe jurisdiction as a debt owingbythe Ownerto theMunicipalityormayat the sole option of the Municipality be recovered by if from the Owners in like manner as municipal taxes as prescribed inthe Municipal Act, 2001, S.O. c. 25 as may be amended. No length of time or of enjoyment by the Owner of the encroachment or any part or parts thereof shall ensure or give a right to the Owners or their heirs, successors or assigns to maintain the encroachment or any part or parts thereof or acquire an easement or shall deprive the Municipality by the operation of any statute of limitation or otherwise of any right to require the removal ofthe encroachment or any part or parts thereof. The owner covenants and agrees with the Municipality that the encroachment upon Pa¡t 6 on Plan llF.-2760 shall be limited to the encroachment depicted in Schedule "4" of this Agreement and that they will not increase, extend or enlarge orpermit the increase, extension or enlargement of the said encroachment in any manner whatsoever. The owner covenants and agrees with the Municipalþ that this agreement may be registered against the title to the lands and that the costs of the preparation and registration of this agreement shall be paid by the Owner. The owner covenant and agree with the Municipality that in the event of the Owner tansferring or selling the lands or any part thereof, the Owner shall forthwith notifu the Municipality in writing of such transfer or sale together with the name and address of the transferee or purchaser. The owners covenant and agree with the Municipality that for the purpose of this agreement, notice may be given to the Owner or owners for the time being, by mailing the notice post paid and addressed to the owners of the address of 22Pitt Street, Port Burwell, Ontario. 5. 7. 9. 10. By-law 2009-010 A by-law to authorize the execution of a... Page 293 of 335 I l. This agreement and everything herein contained shall respectively enure to the benefit of and be binding upon the said parties hereto, their heirs, executors, administrators, successors and assigns respectively. IN TIVITNESS WHEREOF the said parties hereto, have hereunto set their hands and seals and the Corporations have hereunto caused to be fixed their Corporate Seals under the ha¡rds oftheir duly authorized officers in that behalf of this - day of ,2009. SIGNED, SEALED and DELIVEREI) in the presence of OWNER ( ( ( TIM CORPORATION OF' TITE MI]NICIPALITY O[' BAYIIAM ( ( ( Clerk Vy'ehave authorityto bind the Corporation ( ( ( ( ( ( Mayor ( ( ( By-law 2009-010 A by-law to authorize the execution of a... Page 294 of 335 I $'-' I Il, '- '.fð F-. trl -! <( ã t--,L{ ...LrI . clíþ(â '¡i J'i rD :)! Lq Ltl Ub tu oı 3 -6 N ô¡ .s òf ,1.itJ a"" oo N 88056' 30'w IPLÀI A TEÂg' I aì-f.LU I JJ ti.JsT No. 228406 650 \9 By-law 2009-010 A by-law to authorize the execution of a... Page 295 of 335 !b.. â_. .;l;ì'. AND REoISIFAR FOR THE ÊEGISTRY DIVÍSION OF ELGIN /N; rrì CAUTION: rHrs pLAN r's N9r a. PLA.N .oF sueorvrsloN WIf HIN THE MEÂNIN6 OF T'TE -PLÂNNINO. ACT. 266 3q. fl. 813.2 rq.ft. SURVEYOR'S CERT I FI CATE .r xenÈav ieálrFY. IHAT: . I , '' (¡il= iir-i qu*vev alb pl¡H l¡aE coñFËcr.¡¡o r¡¡ ¡cèonoÂNcg.wrrx rHE sqnvEys;¡ðr l¡¡o'ise nectsrnv ¡cr' ' :. .,l luo ixe.necuurrÍo¡s r¡aoE THERËutroeR. . '. :'' .fet.: THls suRvEY w¡s êomplerED.ot{ lHE l8th oaY oF"uLIIl9€5' :,1 ." NOTES - ,J B€airNGs ¡ie esrno¡¡òurc aNo ÂRE REFEFREo ÈEsr or cHÀIHAM slf,EEt,FEGtsrERED PLAN'rioRîH utúlf 0F gRocK. STREET rlrHlcH LlMll ÎC THE MERIOIAN THROUGH THE SOUÎH€AST 'i'To. 12 , VILLAG€ OF PO¡IÎ EURW€LL; THEY HAs a g€añiNc G Ns8o5é'sd'w, CORNER 0F L01 2t ¡ ARE BASEO ON THE '.1.FOUNO M0NUMENIS ARE SHO.WN.IHUS -)Þ a By-law 2009-010 A by-law to authorize the execution of a... Page 296 of 335 THE CORPORATION OFTIIE MUNICIPALTTY BY-LAW NO.2009-011 A BY-LAW TO AUTHORIZE THE EXECUTION OF A PROMOTIONAL AGRTEMENT BET\ilEEN TO CREATE AND CONDUCT A CONSUMER PROMOTION (IHE TPROMOTION') \ilIIEREAS Section 11 of the Municipal Act, 2001, S.O. 2001, c. 25 as amended, provides that a lower tier municipality may pass by-laws respecting Culture, parks, recreation, and heritage; AND WHEREAS the Council of the Corporation of the Municipality of Bayham is desirous of entering into promotion agreements with the Canadian Museums Association on behalf of the Port Burwell Marine Museum and Historic Lighthouse and the Edison Museum of Vienna, being Museums Bayham participants; NOW THEREF'ORE TIIE COUNCIL OF'THE CORPORATION OF'THE MTJNICIPALITY OF BAYHAM ENACTS AS F'OLLOWS: 1. THAT the Mayor and Clerk be and are hereby authorized to execute the Agreements attached hereto as Schedule "4" (Port Burwell Marine Museum and Historic Lighthouse) and Schedule "B" (Edison Museum of Vienna) and forming part of this by-law, between the Corporation of the Municipality of Bayham and the Canadian Museums Association for particþation in the "Promotion"; 2. AND TIIAT this by-law shall come into full force and effect upon final passing. READ A FIRST, SECOND AND TIIIRD TIME AND F'INALLY PASSED TIIIS sTH DAY OF' FEBRUARY2OO9. MAYOR CLERK By-law 2009-011 A By-law to authorize the execution of a... Page 297 of 335 Schedule "A" to By-law 2009-011 PROMOTIONAL AGREEMENT This is a Promotional Agreement (the "Agreement") between the Canadian Museums Association C'CMA") and The Corporation of the Municipality of Bayham (CMA Member) on behalf ofthe:(Port Burwell Marine Museum and Historic Lighthouse" as ofDecember 3rd. 2008. In consideration of the mutual covenants and promises herein, the receipt and sufficiency of ¡vhich is hereby acknowledged-theparties agree asfollows: I. PROMOTIONS Subject to the terms and conditions set forth in this Agreement, the parties hereto agree to create and conduct a consumer promotion (the "Promotion"), as set out in Section 2 hereof, in Canada and during the Term (as defined in Section 4). 2. PROMOTIONAL EFFORT During the Term, the parties agree to abide by the Promotion as follows: a) one FREE entry to the CMA Member organization (to a maximum value of $10, one per paying adult) when the bearer is accompanied by a fuIl-fare paying adult; b) for clarification, the costs of redemption or any related costs will not to be borne by Kellogg. Participating CMA members shall be responsible for one hundred percent (100%) of the cost of the coupon redemption at their institution; c) collect coupons and mail to the CMA at regular intervals througþout the Term of the Promotion; d) to clearly communicate at the member's point of entry / purchase it's participation in the Promotion by prominently displaying a collate¡al piece which witl be provided to the member by Kellogg by way of CMA's bi-monthly mailing; e) Kellogg shall support the Promotion by hosting a Promotion-specific microsite featuring the CMA and the Promotion. Such microsite will be hosted by Kellogg and contain links to CMA and participating CMA members' websites. Kellogg shall be solely responsible for the creation of such microsite and all expenses associated therewith. CMA members shall work directly with the CMA and its assigned agencies to ensure the accuracy of these links and that only participating CMA members are included within this microsite; Ð the CMA member is responsible for all aspects of the redernption and fulfillment of the coupon detailed in Section 2(a) and is responsible for the handling of any customer complaints relating to any failure of it's employees to honour the coupon; 3, REPRESENTATIONSAND\ryARRANTIES Each party represents and warrants, recognizing that the other party is relying on such representations and warranties in executing this agreement, that: (a) it is authorized to enter into and execute this agreement; (b) it has the power and authority to do or cause all of the obligations to be performed in accordance with the terms hereof; and (c) is a validly subsisting entity under the jurisdiction of its formation. By-law 2009-011 A By-law to authorize the execution of a... Page 298 of 335 4. TERM activities hereunder shall be for the period commurcing on the date hereof and ending Decernber 30, 2009 (the "Term"). O) The Term of this Agreernent shall not be extended except by a written agreement executed between the parties hereto. 5. NOTICES Any and all notices required or permitted shall be in writing, may be served personally or by mail, and shall be deemed served upon receipt. Such notices shall be addressed to the party to be served as follows: To Canadian Museums Association Association Des Musees Canadiens: 280 Metcalfe Street, Suite 400 Ottawa, Onta¡io K2P 1R7 Attention: Executive Director & CEO. CMA 6. CONFIDENTIALITY Each party covenants to keep strictly confidential, and not to disclose without the written consent of the other parly, the facts and terms of this Promotional Agreement (collectively, thettFactstt): Each party also covenants to keep strictly confidential, and not to disclose without the written consent of the other part¡ information disclosed by the other party (the "Originating Party") relating to the business, operations, affairs, hade secrets or technology ofthe Originating Party and any other information or materials, documentation and data and reproductions thereof provided to the other (the "Recþient") by the Originating Party (collectively, "fnformation"). Such Facts and Information may be disclosed by the Recipient only to such persons in the direct employ of Recipient o¡ to such third parties who have a business need to know the same and who shall have agreed to abide by the terms of this Agreement. Neither the nature nor the content of any Facts or Information shall, directly or indirectl¡ be disclosed to others or used for the benefit of any person other than the Recipient without the prior w¡itten permission of the Originating Party. Recipient recognizes that unauthorized use or disclosure of the Facts or Information would cause irreparable harm to the Originating Party. Notwithstanding the foregoing, this Section 6 shall not apply to such Facts or lnformation which: (Ð as established by reasonable proof by the Recipient, is or becomes part of the public domain without any breach of this Agreement; or (iÐ is required by applicable law to be disclosed by the Recþient, provided that (a) the Recipient provides written notice to the Originating Party of such requirement prior to making any disclosure; (b) the Recipient, to the extent practicable, affords to the Originating Part¡ prior to making any disclosure, the opportunity of taking appropriate steps to avoid such disclosure; and (c) the Recipient makes all reasonable efforts to require the third party to whom the Recipient may ultimately make such disclosure to retain the Facts or Information so disclosed in confidence. This Section 6 shall survive the termination or expiration of this Agreement. By-law 2009-011 A By-law to authorize the execution of a... Page 299 of 335 7. SPECIAL REOUIREMENTS - [e.g. offers, discounts in stores/shops, books, blackout dates. Add additional page(s) if requiredl. N/A 8. APPLICABLELAW This Agreement shall be governed by, and interpreted and enforced in accordance with, the laws in force in the Province of Ontario (excluding any conflict of laws, rule or principle which might refer such interpretation to the laws of another jurisdiction). Each party irrevocably submits to the non-exclusive jurisdiction of the courts of Ontario with respect to any matter arising hereunder or related hereto. 9. COUNTERPARTS This Agreement may be executed in any number of counterpafs. Each executed counterpart shall be deemed to be an original. All executed counterparts taken together shall constitute one agreement. IN WITNESS WIIEREOF this Agreement has been executed by each of the parties hereto as of the fust date written above. CANADIAN MUSEUMS ASSOCIÄTION Name: JohnMcAvity Title: Executive Director & CEO TIIE CORPORATION OF' THE MUNICIPALITY OFBAYHAM Name: Lynn Acre Title: Mayor By: By: Name: Lynda Millard Title: Clerk By-law 2009-011 A By-law to authorize the execution of a... Page 300 of 335 Schedule "B" to By-law 2009-011 PROMOTIONAL AGREEMENT This is a Promotional Agreement (the "Agreement") between the Canadian Museums Association ("C*tL1 and The Corporation of the Municipality of Bayham (CMA Member) on behalf ofthe:(Edison Museum of Viennatt, as ofDecember 3rd, 2008. In consideration oÈthernutual covenants and oromises herein.Jhe receiBt and sufficiencv which is hereby acknowledged, the parties agree as follows: 1. PROMOTIONS Subject to the terms and conditions set fofh in this Agreement, the parties hereto agree to create and conduct a consumer promotion (the "Promotion"), as set out in Section 2 hereof, in Canada and during the Term (as defined in Section 4). 2. PROMOTIONAL EF'F'ORT During the Term, the parties agree to abide by the Promotion as follows: a) one FREE entry to the CMA Member organization (to a maxìmum value of $10, one per paylng adult) when the bearer is accompanied by a full-fare paying adult; b) for clarification, the costs of redernption or any related costs will not to be borne by Kellogg. Particþating CMA members shall be responsible for one hundred percent (100%) of the cost of the coupon redemption at their institution; c) collect coupons and mail to the CMA at regular intervals throughout the Term of the Promotion: d) to clearly communicate at the member's point of entry / purchase it's participation in the Promotion by prominently displaying a collateral piece which will be provided to the member by Kellogg by way of CMA's bi-monthly mailing; e) Kellogg shall support the Promotion by hosting a Promotion-specific microsite featuring the CMA and the Promotion. Such microsite will be hosted by Kellogg and contain links to CMA and participating CMA members' websites. Kellogg shall be solely responsible for the creation of such microsite and all expenses associated therewith. CMA members shall work directly with the CMA and its assigned agencies to ensure the accuracy of these links and that only participating CMA members are included within this microsite; Ð the CUe member is responsible for all aspects of the redemption and fulfillment of the coupon detailed in Section 2(a) and is responsible for the handling of any customer complaints relating to any failure of it's employees to honour the coupon; 3. REPRESENTATIONSAi\DWARRANTIES Each party represents and warrants, recognizing that the other party is relying on such representations and warranties in executing this agreernent, that; (a) (b) it is authorized to enter into and execute this agreement; it has the power and authority to do or cause all of the obligations to be performed in accordance with the terms hereof: and (c) is a validly subsisting entity under thejurisdiction ofits formation. By-law 2009-011 A By-law to authorize the execution of a... Page 301 of 335 4 TERM (a) The term of this Agreernent with respect to all marketing, promotional and other activities hereunder shall be for the period commencing on the date hereof and ending December 30, 2009 (the "Term"). (b) The Term of this Agreement shall not be extended except by a written agreement executed between the parties hereto. 5. NOTICES Any and all notices required or permitted shall be in writing, may be served personally or by mail, and shall be deemed served upon receipt. Such notices shall be addressed to the party to be served as follows: To Canadian Museums Association Association Des Musees Canadiens: 280 Metcalfe Street, Suite 400 Ottawa, Ontario K2P lR7 Attention: Executive Di¡ector & CEO, CMA 6. CONF'IDENTIALITY Each party covenants to keep strictly confidential, and not to disclose without the written consent of the other party, the facts and terms of this Promotional Agreement (collectively, the ttFactstt): Each party also covenants to keep strictly confidential, and not to disclose without the written consent of the other party, information disclosed by the other party (the "Originating Parfy") relating to the business, operations, affairs, trade secrets or technology ofthe Originating Party and any other information or materials, documentation and data and reproductions thereof provided to the other (the "Recipient") by the Originating Party (collectively, "Information"). Such Facts and Information may be disclosed by the Recipient only to such persons in the direct employ of Recipient or to such third parties who have a business need to know the same and who shall have agreed to abide by the terms of this Agreement. Neither the nature nor the content of any Facts or Information shall, directly or indirectly, be disclosed to others or used for the benefit of any person other than the Recþient without the prior written permission of the Originating Party. Recipient recognizes that unauthorized use or disclosure of the Facts or Information would cause irreparable harm to the Originating Party. Notwithstanding the foregoing, this Section 6 shall not apply to such Facts or Information which: (Ð as established by reasonable proof by the Recipient, is or becomes part of the public domain without any breach of this Agreement; or (iÐ is required by applicable law to be disclosed by the Recipient, provided that (a) the Recipient provides written notice to the OriginatingPuty of such requirement prior to making any disclosure; (b) the Recipiørt, to the extent practicable, affords to the Originating Party, prior to making any disclosure, the opportunity oftaking appropriate steps to avoid such disclosure; and (c) the Recipient makes all reasonable efforts to require the third party to whom the Recipient may ultimately make such disclosure to retain the Facts or Information so disclosed in confidence. This Section 6 shall survive the termination or expiration of this Agreement. By-law 2009-011 A By-law to authorize the execution of a... Page 302 of 335 SPECIAL REOUIREMENTS - [e.g. offers, discounts in storeVshops, bookso blackout dates. sl ifreaui N/A APPLICABLELAW This Agreement shall be governed b¡ and interpreted and enfo¡ced in accrcrdance with, the laws in force in the Provinco of Ontmio (excluding any conflict of laws, rule or principle which migþt refer such interpretation to the laws of another jurisdiction). Each party irrevocably submits to the non-exclusive jurisdiction of the courts of Ontario with respect to any matter arising hereunder or related hereto. 9. COTJNTERPARTS This Agreement may be executed in any number of cormterparts. Each executed counterpart shall be deemed to be an original. All executed counterpaÌts taken together shall constituüe one agregment, IN WTT¡IESS ]VHEREOF this Agreernent has been executed by each of the parties hereto as of the first date written above. CANADIÄN MUSEUMS ÀSSOCIATION Narne: John McAvity Titler ExecutiveDirector & CEO THE CORPORATION OF THE MTJNICIPALITY OFBAYEAM By: Name: LyndaMillard Title: Clerk By: By-law 2009-011 A By-law to authorize the execution of a... Page 303 of 335 Page 304 of 335 THE CORPORATION OF THE MTJMCIPALITY OX' BAYIIAM BY-LAW NO.2009-012 A BY.LAW TO AUTHORIZÊ' THE EXECUTION OX' AII AGREEMENT BETWEEN TITE MUIVCIPALITY OF BÄYIIÄM A¡ID STE\üARDSHIP ONTARIO FOR TÍTE PROVISION OF FUNDING FOR HAZARDOUS WASTE MANAGEMENT WHEREAS by letter received by Waste Diversion Ontario on December 12,2006, the Minister of the Environment for the Province of Ontario required Waste Diversion Ontario to develop a waste diversion program for municipal hazardous or special waste and that Stewardship Ontario act as the Industry Funding Organization for the program; AND WHEREAS the Municipality of Bayham operates a municipal haza¡dous or special waste collection annually; AND WHEREAS the Council of the Corporation of the Municipality of Bayham is desirous of entering into an agreement for provision of funding for hazardous waste management. TIIEREFORE THE COUNCIL OF'THE CORPORATION OX'THE MT]NICIPALITY OF BAYHAM ENACTS AS FOLLO\ilS: 1. THAT the Mayor and Treasurer be and are hereby authorized to execute the Agreement attached hereto as Schedule "4" and forming part of this byJaw between the Municipality of Bayham and Stewa¡dship Ontario for the provision of funding for hazardous waste management. 2. THAT this byJaw shall come into full force and effect upon final passing. READ A F'IRST, SECOND AND THIRD TIME AND F'INALLY PASSED THIS sih DAY OFFEBRUARY2OO9. MAYOR CLERK By-law 2009-012 A by-law to authorize the execution of a... Page 305 of 335 By-law 2009-012 A by-law to authorize the execution of a... Page 306 of 335 SCHEDULE 'A' TO BY-LAW 2OO9-OI2 MTINICIP AL IJAZARDOUS OR SPECIAL WASTE MANAGEMENT SHARED RESPONSIBILITY AGREEMENT THIS AGREEMENT made in duplicate is effective as of the 5th day of February,2009. BETWEEN: STEWARDSHIP ONTARIO (hereinafter referred to as "Stewardship Ontario") -and- MUNICIPALITY OF BAYHAM (hereinafter referred to as the "Municipallty") [If not a municipality, the name of the entity will be used, e.g. Eastern W'aste Services BoardJ (hereinafter referred to as the "Parties" or singularly as a'rParty") WHEREAS: A. By letter received by Waste Diversion Ontario on December 12,2006,the Minister of the Environment for the Province of Ontario required V/aste Diversion Ontario to develop a waste diversion program for municipal hazardous or special waste and that Stewardship Ontario act as the Industry Funding Orgarization for the program, which requirement was made pursuant to subsection23(l) of the Yf/aste Diversion Act 2002 (Ontario); B. Stewardship Ontario, at the direction of and in cooperation with V/aste Diversion Ontario, developed a municipal hazardous or special waste program plan, which was approved for implementation by the Minister of the Environment for the Province of Ontario by letter dated February 19,2008; C. The municipal hazardous or special waste program plan provides, inter alia, for Stewardship Ontario to arrange for the management of municipalhazardous and special waste which has been collected by municipalities and other collection systems in the Province of Ontario. NO\il THEREFORE in consideration of the premises and mutual agreements contained herein and subject to the terms and conditions hereinafter set forth, the Parties covenant and agree as follows: By-law 2009-012 A by-law to authorize the execution of a... Page 307 of 335 SCHEDULE 'A' TO BY-LAW 2OO9-OI2 1.0 Definitionsandlnterpretation 1.1 Terms beginning with capital letters and used herein without definition shall have the meanings given to them in either the W'aste Diversion Act 2002 (Ontario) or the Municipal Act, 2001 (Ontario), as the case may be unless otherwise specified. 1.2 Inthis Agreement: (a) 3(Act" means the Waste Diversion Act, 2002 (Ontario), as amended; (b) "Agreement" means this Agreement and includes all schedules and amendments thereto; (c) "Bank of Canada Rate" means the floating annual rate of interest published from day to day in the GLOBE and MAIL Report on Business in its "Money Rates" column as the "Bank of Canada Ovemight Rate". Should such publication not continue to publish the Bank of Canada Overnight Rate or a substitute rate, then Stewardship Ontario will select a comparable announced rate. (d) "Business Day" means Monday through Friday, excluding statutory holidays and any other day that the Government of Ontario has elected to be closed for business; (e) "Certificate of Approval" means a legal instrument issued by the Director of the Environmental Assessment and Approvals Branch of the Ministry of the Environment of Ontario pursuant Section 27 to the Environmental Protection Act (Ontario); (Ð "Collection Services" means all the activities, including those conducted at Depots and Events operated by or on behalf of the Municipality for the purpose of receiving, classiffing and storing MHSW including the manifesting of the MHSV/ after the MHSV/ is loaded into the transportation vehicle prior to transportation away from the Depot or Event, but not including Value-Added Collection Services; (g) "Commencement Date" means July 1, 2008; (h) "Depot" means a collection facility/location, at an address for which a Certicate of Approval has been issued, for receiving MHSV/ from the public andlor Exempt Small Quantity IC&I Generators within the Municipality's service area; (i) "Event" means a one-day or other mobile collection event conducted to receive MHSW from the public andlor Exempt Small Quantity IC&I Generators operated for or on behalf of a Municipality; (j) "Exempt Small Quantity IC&I Generator" or rúExempt SQG" means a business that is not required to submit a Generator Registration Report with respect to MHSW under subsection 18 (l) of Regulation 347, made under the Environmentql Protection Act (Ontario), as amended from time to time, and By-law 2009-012 A by-law to authorize the execution of a... Page 308 of 335 SCHEDULE 'A' TO BY-LAW 2OO9-OI2 generates MHSW and that does not generate more than 100 kilograms per month of MHSW; (k) "Generator" means the operator of a waste generation facility; 0) "Manifesting" means those activities associated with preparing a manifest for Post-Collection Services in accordance with Regulation 347 made under the Envir onme ntal P r ote ct i o n Act (Ontario); (m) "MFIPPA" means the Municipal Freedom of Information and Protection of Privacy Act. R.S.O. 1990, c. M.56, as amended from time to time. (n) "Municipal Hazardous or Special Waste" or "MHS\il" means waste materials dehned under Ontario Regulation 542106 and includes both Municipal Hazardous and Special Waste as defined therein. (o) "Municipal Hazardous or Special Waste Program Plan" or "MHS\il Program Plan" means the waste diversion program approved by the Minister of the Environment on February 19, 2008, pursuant to section 26 of the Act, and any amendments thereto; (p) "MHSW Services" means Collection Services and Post-Collection Services for Phase 1 MHSW; (q) "Minister" means the Minister of the Environment for the Province of Ontario; G) "MinÍster's Program Request Letter" means the Minister's letter to Waste Diversion Ontario received on December 12,2006 requesting a waste diversion program for MHSW and directing Stewardship Ontario to act as the Industry Funding Organization; (s) "Phase I MHSW" means MHSW designated as such in the Minister's Program Request Letter and further defined in the MHSW Program Plan; (t) "Post-Collection Services" means activities relating to the management of MHSW after the point of Manifesting, including but not limited to transportation of waste from collection facilities, processing, recycling, and disposal of waste and other waste management activities; (u) "Seryice Provider" means a third party that provides services to the Municipality in relation to the MHSW Services; (v) "service Provider Contract" means the contract between the Municipality and the Service Provider pursuant to which the Service Provider provides some or all of the MHSW Services of the Municipality; (w) "stewards" means the persons or companies obligated by Stewardship Ontario to pay fees under the MunicipalHazañous or Special Waste Program Plan; By-law 2009-012 A by-law to authorize the execution of a... Page 309 of 335 (x) SCHEDULE 'A' TO BY-LAW 2OO9-OI2 "Value-Added Collection Services" means additional procedures listed in Schedule D which the Municipality has agreed to perform at the time of providing Collection Services, at the request of Stewardship Ontario; "Waste Diversion Program" means a program referred to in Sections 23 and 25 of the Act. (y) 1.3 In this Agreement, (a) W'ords denoting the singular include the plural and vice versa and words denoting any gender include all genders; (b) The word "including" or "includes" shall mean "including [or includes] without limitation"; (c) Any reference to a statute shall mean the statute in force as of the date of this Agreement, together with all regulations promulgated thereunder, as the same may be amended, re-enacted, consolidated andlor replaced, from time to time, and any successor statute thereto, unless otherwise expressly provided; (d) When calculating the period of time within which or following which any act is to be done or step taken, the date which is the reference day in calculating such period shall be excluded; if the last day of such period is not a Business Day, the period shall end on the next Business Day; (e) All dollar amounts are expressed in Canadian dollars; (Ð Any tender of notices or documents under this Agreement shall be made upon the relevant party atthe address set out in Section 12.0; (g) The division of this Agreement into separate sections and subsections, and the insertion ofheadings are for convenience ofreference only and shall not affect the construction or interpretation of this Agreement; and (h) Excep as specifically defined or provided for in this Agreement, words and abbreviations which have well known or trade meanings are used in accordance with their recognized meanings. 1.4 The Parties acknowledge that the recitals to this Agreement are true and correct. 2.0 Term of Agreement and Amendment 2.1 The term of this Agreement shall commence as of the Commencement Date and shall remain in effect until three (3) years after that date unless terminated earlier in accordance with Section 14.0 of this Agreement or amended in accordance with Subsection 2.2. This Agreement shall automatically renew for up to two further one (1) year terms, unless either party notifies the other at least ninety (90) days in By-law 2009-012 A by-law to authorize the execution of a... Page 310 of 335 SCHEDULE 'A' TO BY-LAW 2OO9-OI2 advance of any renewal term commencement date that the Agreement shall not be renewed. Subject to hereinafter provided, this Agreement constitutes the entire agreement between the Parties with respect to the subject matter hereof and contains all of the representations and warranties, covenants and agreements of the respective Parties and may not be amended or modified except by an instrument executed by all of the Parties hereto. The Parties recognize that there may be changes to the MHSW Program Plan, in which event, the Parties will, if necessary, amend this Agreement. 3.0 The Municipality's Current MHSIV Senices Information 3.1 The Municipality represents that Schedule A is a complete description of all MHSW Services that are provided by the Municipality as of the date referenced therein. The Municipality shall supply copies of all relevant Certificates of Approval and any amendments thereto to Stewardship Ontario, upon request. The Municipality shall notify Stewardship Ontario when any Certificates of Approval included in Schedule A are replaced or amended. 3.2 Should the Municipality plan to change the MHSV/ Services it provides, the Municipality shall notifr Stewardship Ontario : (a) at least six (6) months in advance of the date on which MHSV/ Services will be decreased; or (b) as soon as practicable in advance of the date on which MHSW Services will otherwise be changed or increased and such notice shall include a revised Schedule A which will replace the previous Schedule A forming part of this Agreement. 3.3 Should changes occur to the MHSW Services provided by the Municipality which are outside of the Municipality's control, the Municipality shall notiff Stewardship Ontario as soon as practicable of those changes and such notice shall include a revised Schedule A which will replace the previous Schedule A forming part of this Agreement. 4.0 MHS\il Service Provider Information and Contracts 4.1 The Municipality represents that Schedule B is a complete description of all contracts to which the Municipahty is a party at the time of signing this Agreement for the provision of any MHSW Services and which may continue to be or will be in force during any part of the term of this Agreement. The Municipality shall supply copies 2.2 2.3 By-law 2009-012 A by-law to authorize the execution of a... Page 311 of 335 SCHEDULE 'A' TO BY-LAW 2OO9-OI2 of any such contracts to Stewardship Ontario upon request subject to the provisions of MFIPPA. 4.2 The Municipality shall not, during the term of this Agreement, amend, enter into or extend any contracts for MHSW Services which are inconsistent with the terms of this Agreement, or without the consent of Stewardship Ontario, which consent shall not unreasonably be withheld. Stewardship Ontario shall be deemed to have given its consent, unless, within fifteen (15) days following receipt of a request for consent, Stewardship Ontario has notified the Municipality that it is withholding its consent along with the reasons therefor. Upon amendment or execution of any such contracts, the Municipality shall deliver to Stewardship Ontario a revised Schedule B which will replace the previous Schedule B forming part of this Agreement. 4.3 The Municipality shall, subject to the obligations of the Municipality under the Service Provider Contracts identified in Schedule B, carry out those actions described in Schedule C with respect to the provision of MHSW Services, including: (a) Amendments to Service Provider Contracts requiring separate pricing for Phase I MHSW Post-Collection Services or Value-Added Collection Services; (b) Amendments to Service Provider Contracts pursuant to section 9.3; (c) Early termination or partial termination of certain Service Provider Contracts if the agreement permits termination and where the Municipality and Stewardship Ontario agree that such termination or pafüal termination should take place in order to achieve the objectives of the MHSV/ Program Plan; and (d) Tendering processes conducted jointly by Stewardship Ontario and the Municipality, or separately by Stewardship Ontario or the Municipality for future Service Provider Contracts. 4.4 Nothing in this Agreement is intended to interfere with the Municipality's contractual relations with Service Providers. 5.0 Changes and Enhancements to the Municipality's MHSW Services The Parties shall work cooperatively to improve the MHSW Services of the Municipality consistent with the MHSW Program Plan. The Parties represent that Schedule D is a complete description of the changes and improvements to the MSHW Services of the Municipality, as well as the respective commitments of Stewardship Ontario and the Municipality to achieve those changes and improvements, for the time period specified therein. 5.1 5.2 By-law 2009-012 A by-law to authorize the execution of a... Page 312 of 335 SCHEDULE 'A' TO BY-LAW 2OO9-OI2 6.0 Promotion and Education 6.1 The Parties represent that Schedule E sets forth the roles and responsibilities of each with respect to promotion and education for MHSW Services. 7.0 FinancialArrangements 7.1 The Municipality shall submit invoices on a quarterly basis for reimbursable MHSW Services and payment shall be made by Stewardship Ontario to the Municipalþ in accordance with the provisions of this agreement, including Schedule F. 7 .2 Invoices shall be paid by Stewardship Ontario within thirty (30) days of the date of receipt of the invoice by Stewardship Ontario provided that such invoices are proper, accurate, and not in dispute. Interest shall apply to any amounts unpaid within fifty (50) days of the date of receipt of the invoice by Stewardship Ontario at the Bank of Canada Rate plus 2%ó per annum 7.3 The Parties represent that Section 7.0, together with Schedule F, sets forth all requirements for allowable reimbursement by Stewardship Ontario for MHSV/ Services provided by Municipalities. 8.0 Reporting 8.1 The Municipality shall keep proper books and records in respect of MHSW Services for which the Municipality is reimbursed by Stewardship Ontario in accordance with good business practices and generally approved accounting procedures. These records shall be available at all reasonable times for examination or audit by Stewardship Ontario. 8.2 The Municipality shall provide Stewardship Ontario, or such other parties as Stewardship Ontario shall direct, with all the necessary information and reports relating to the collection and management of MHSW, as reasonably required by Stewardship Ontario in support of any claim by the Municipality for reimbursement of expenses pursuant to this Agreement or for purpose of improving MHSW services, including: (a) Quarterly reports: The Municipality, on a quarterly basis, shall provide Stewardship Ontario with information with respect to the following: (Ð Summaries of all manifests (for products requiring Manifesting) and other shþing documents (for products not requiring Manifesting) prepared by the Municipality or a Service Provider; (iÐ Quantities and type of Phase I MHSW managed by the Municipality for Value-Added Collection Services, including, where reasonably available : By-law 2009-012 A by-law to authorize the execution of a... Page 313 of 335 (b) SCHEDULE 'A' TO BY-LAW 2OO9-012 (A) Number of drums of bulked products; (B) Weight or volume of containers remaining after bulking; (C) Weight or volume of crushed oil filters; (D) Reuse quantities; and (E) PCB testing; (iiÐ Information regarding use of Collection Services, including the number of users and category ofusers; (iv) Information regarding services for Exempt SQGs; and (v) Information regarding disposition of MHSV/; Annual reports: Upon reasonable request, the Municipality shall report or provide a copy of the part of the Municipality's Annual Report to the Ministry relating to MHSW for the preceding year; User and other surveys: The Municipality agrees, as a Value-Added Collection Service, to gather information for studies or surveys required by Stewardship Ontario for the purpose of improving the MHSW Program Plan; The Municipality shall submit the reports required under this section in the manner and formats stipulated by Stewardship Ontario; and The Municipality shall keep and preserve throughout the term of this Agreement, and for a period of not less than twenty-four (24) months thereafter, all records, documents, and information relating to this Agreement. (c) (d) (e) 9.0 Regulatory and Compliance 9.I Title to products: The Municipality shall have title to all MHSV/ from the time when the Municipahty accepts the MHSW unless and until the point in time that title has transferred to a Service Provider or other person. At no time will Stewardship Ontario have title to MHSV/ unless handled directly by Stewardship Ontario employees. 9.2 Regulatory compliance: In performing its obligations under this Agreement, the Municipality shall obtain all permits, licenses, authorizations, and approvals required by law and observe and comply with all applicable laws, including any Certificates of Approval issued to the Municipality. The Municipality shall comply with all applicable laws, regulations and safety guidelines relating to the MHSV/ Program Plan and assist Stewardship Ontario, as required, in providing information and reports to satisfr regulatory and reporting requirements relating to the MHSW Program Plan. The Municipality shall take all reasonable steps to ensure any Service Providers meet the same requirements. By-law 2009-012 A by-law to authorize the execution of a... Page 314 of 335 SCHEDULE 'A' TO BY-LAW 2OO9-OI2 Program standards: Stewardship Ontario may develop, in consultation with participating municipalities, and revise from time to time standards or guidelines with respect to MSH'W Services, in which case Stewardship Ontario shall provide copies of such standards to the Municipality. The Municipality shall comply, and shall use its best efforts to cause its Service Providers to comply, with any such standards or guidelines. Stewardship Ontario shall be responsible for any additional Phase 1 MHSW Post-Collection Services costs incurred by the Municipality for Post- Collection Services that meet any standards or guidelines revised by Stewardship Ontario after the effective date of this Agreement. Schedule F shall be amended to reflect any additional Phase 1 MHSW Post-Collection Services costs related to any such revised standards or guidelines. Site visits and audits: Upon reasonable notice, Stewardship Ontario or its agent shall have the right to enter upon any facility utilized by the Municipality for the MHSV/ Program Plan for the purpose of conducting inspections or compliance audits. The Municipality shall take all reasonable steps to ensure that Stewardship Ontario has the same rights in respect of any Service Provider used by the Municipality. Stewardship Ontario or its agent shall be accompanied by a representative of the Municipality for any such visits or audits. Information obtained by Stewardship Ontario pursuant to such inspections and audits shall be only be used for the purposes of this Agreement. 10.0 Indemnity and Insurance 10.1 Indemnity: Each party (the "Indemnifying Party") hereby indemnifies and saves harmless the other party (the "Indemnified Party"), its directors, ofhcers, contractors, employees and agents, from and against any and all manner of actions or causes of actions, damages (but not including consequential damages), costs, loss or expenses of whatever kind (including related legal fees on a full indemnity basis) which the Indemnified Party, its directors, officers, contractors, employees and agents may sustain, incur or be put to by reason of or directly or indirectly arising out of any wilful misconduct or negligence of the Indemniffing Party or any person for whom the Indemnifying Party is, at law, responsible, in relation to matters arising out of this Agreement. 10.2 The Municipality shall, during the term of the Agreement, self-insure, maintain at its expense and/or require its Service Provider to maintain at either the Municipality's or Service Provider's expense Comprehensive General Liability coverage with limits of not less than $5,000,000 (five million dollars) per occurrence. For clarity, only the Municipality can self-insure. 10.3 The Comprehensive General Liability policy of insurance referred to in this section shall include Stewardship Ontario as an additional insured for acts committed by the named insured 10.4 Unless the Municipality wholly self-insures, the Municipality shall deliver a copy of Certifrcate(s) of Insurance maintained by the Municipality or a Service Provider 9.3 9.4 By-law 2009-012 A by-law to authorize the execution of a... Page 315 of 335 SCHEDULE 'A' TO BY-LAW 2OO9-OI2 pursuant to this Agreement, upon the effective date of this Agreement, and annually upon renewal of the Municipality or Service Provider's insurance, naming Stewardship Ontario as an Additional lnsured with the following language: "Stewardship Ontario and its affiliated entities, offrcers, partners, directors, employees, representatives and agents aÍe included as Additional Insureds for Comprehensive General Liability. Such coverage is primary and non-contributing." 10.5 The Certificate(s) of Insurance, referred to in subsection 10.4, must also provide that the Municipality shall provide Stewardship Ontario with thirty (30) days advance written notice of cancellation, termination, non-renewal or material change. 11.0 Assignment 1l.l The Municipality shall not subcontract or assign any of its rights or obligations under this Agreement or any part thereof without the prior written consent of Stewardship Ontario, which consent shall not unreasonably be withheld. 11.2 Notwithstanding subsection 11.1, the Municipali$ may assign any of its rights or obligations under this Agreement or any part thereof without the prior written consent of Stewardship Ontario: (a) From a Lower-tier Municipality to an Upper-tier Municipality or vice versa; (b) To a municipal service board pursuant to sections I94 to 202 of the Municipal Act, 2001, as amended; or (c) To a municipal business corporation pursuant to section 203 of the Municipal Act, 2001, as amended. 12.0 Notices Any notice, request, demand or other instrument or communication herein provided, permitted or required to be given by either Stewardship Ontario or the Municipality shall be in writing and suffrciently given if delivered personally, by facsimile transmission or other electronic means of written communication tested prior to transmission to the extent such testing is available (unless otherwise expressly provided herein) or if sent by registered mail to the following respective address hereinafter set out, namely: Notices to Stewardship Ontario shall be delivered to: Joyce Barretto, CEO, Stewardship Ontario 26 Wellington Street East Toronto. ON M5E 1S2 10 By-law 2009-012 A by-law to authorize the execution of a... Page 316 of 335 SCHEDULE 'A' TO BY-LAW 2OO9-OI2 Facsimile: Fax: 4 1 6-5 94-3463 Email : jbanetto@stewardshipontario.ca Notices to The Municipality shall be delivered to: o Municipality of Bayham o PO Box 160. 9344PlankRoad o Straffordville ON NOJ 1Y0 Attention: o Kyle Kruger, CMO Facsimile: o 519-866-3884 Email: o kl<ruger@bayham.on.ca Any such notice if delivered personally, by facsimile transmission or by other electronic means of written communication on a Business Day before 5 p.m. shall be conclusively deemed to have been given on the day of personal delivery, or facsimile transmission or electronic communication (and if after 5 p.m. E.T. the next following Business Day), or, if mailed as aforesaid, shall be conclusively deemed to have been received on the fifth (5th) business day following the day on which such notice is mailed as aforesaid (except during a postal strike in which case such notice shall be delivered personally). Either party may, at any time, give written notice to the other of any change of address of the party giving such notice and from and after the giving of such notice the address therein specified shall (in the absence of knowledge to the contrary) be deemed to be the address of such party for the giving of notices thereafter. 13.0 DisputeResolution 13.1 If any dispute arises between the Parties as to amounts payable by Stewardship Ontario to the Municipality pursuant to this Agreement the Parties shall resolve the dispute pursuant to the dispute resolution process established by Waste Diversion Ontario, pursuant to section 5(e)(i) of the Act, as amended from time to time and described on Vy'aste Diversion Ontario' s website (http ://www.wdo.ca). 13.2 If any other dispute arises between the Parties out of this Agreement: (a) The Parties shall attempt to resolve the dispute through designated representatives from each of Stewardship Ontario and the Municipality within thirty (30) days upon which written notice of the dispute was first given, or as otherwise agreed upon; (b) If the Parties are unable to resolve the dispute within the above period, the Municipality and Stewardship Ontario shall, within thirty (30) days thereafter, jointly select an arbitrator to arbitrate the dispute; and 11 By-law 2009-012 A by-law to authorize the execution of a... Page 317 of 335 (c) SCHEDULE 'A' TO BY-LAW 2OO9-OI2 The arbitrator shall render a decision on the dispute and the award arising there from, in accordance with the Arbitration Act (Ontario) or the Municipal Arbitrations Act (Ontano), as applicable and as amended from time to time. 14.0 Termination I4.l If, in the reasonable opinion of either party, there has been a breach of this Agreement by the other party (the "defaulting party"), the Municipality or Stewardship Ontario (the "party giving notice") may give the defaulting party written notice to remedy the breach or default within sixty (60) days, failing which the Agreement may be terminated. In the event that the remedy of such breach reasonably requires more than sixty (60) days, the defaulting party shall so advise the party giving notice forthwith and provide a revised timeline for remedying the breach. The party giving notice shall notiff the defaulting party in writing as to whether the revised time line is acceptable and, if it is, the revised time line to remedy such breach will apply. 14.2 Notwithstanding subsection 14.1, the Municipality may terminate this Agreement without cause upon delivery of six (6) months written notice to Stewardship Ontario. 14.3 Notwithstanding subsection 14.1, Stewardship Ontario may terminate this Agreement immediately upon written notice to the Municipality if: (a) The Municipality assigns or subcontracts any of its rights or obligations under this Agreement or any part thereof except as expressly provided for herein; and (b) A receiver or trustee is appointed for any part of the assets of Stewardship Ontario. I4.4 On the date of termination neither party shall have any obligations, financial or otherwise, hereunder save and except for matters arising prior to termination, which may involve obligations of the Parties after termination. 15.0 GeneralProvisions 15.1 All of the terms, covenants, conditions and other provisions contained herein and all of the obligations under or pursuant to this Agreement shall be binding upon and shall enure to the benefit of the Parties hereto and their respective successors and permitted assigns. 15.2 There are no representations, warranties, collateral agreements, or conditions affecting this Agreement, other than those expressed in writing herein. 15.3 This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario. t2 By-law 2009-012 A by-law to authorize the execution of a... Page 318 of 335 SCHEDULE 'A' TO BY-LAW 2OO9-012 15.4 This Agreement may be executed in counterpart, the counterpart copies of this Agreement together constituting a full, valid and binding Agreement among the Parties hereto. 15.5 In the event that any provision of this Agreement is determined by a Court of competent jurisdiction to be illegal or invalid or unenforceable for any reason whatsoever, such provision shall be severed from this Agreement and will not affect the legality or validity or enforceability of the remainder of this Agreement or any other provision hereof. 15.6 The rights, remedies and privileges in this Agreement given to the Parties: (a) are cumulative and any one or more may be exercised; (b) are without prejudice to and are in addition to and apply notwithstanding any other provisions in this Agreement; and (c) are not and shall not be dependent or conditional upon, or in any way lessened, restricted or affected by any other provisions of this Agreement. 15.7 No term, condition or provision hereof shall be or be deemed to have been waived by Stewardship Ontario or the Municipality by reason of any act, forbearance, indulgence, omission, or event. 15.8 Stewardship Ontario or the Municipality may, from time to time, waive the performance of the other Party of any provision of this Agreement, either before or after that performance is done, but a waiver is not effective or binding upon the Party providing the waiver, unless it is in writing and signed by the Party providing the waiver or under its authority, and does not limit or affect the Party providing the waiver's right with respect to any other breach or non-performance, whether prior or subsequent thereto. 15.9 Any Service Providers engaged by the Municipality to assist in providing MHSW Services shall be required by the Municipality to comply with and adhere to the terms and conditions, as applicable, of this Agreement. 15.10 Each party shall perform the acts, execute and deliver the writings, and give the assurances necessary from time to time to give full effect to this Agreement. 15.11 This Agreement supersedes and replaces all oral and written communications between the Parties relating to the subject matter of this Agreement. 15.12 Stewardship Ontario understands that if and whenever and to the extent that the Municipality shall be prevented, delayed or restricted in whole or in part in the fulfillment of any obligations under this Agreement by reason of strikes or work stoppages, failure of any service or utility whether or not under the Municipality's control, or by reason of any statute, law or regulation preventing, delaying or restricting this fulfillment, or inability to obtain aîy permission from any 13 By-law 2009-012 A by-law to authorize the execution of a... Page 319 of 335 SCHEDULE 'A' TO BY-LAW 2OO9-OI2 governmental or other body having jurisdiction, or arry cause beyond the Municipality's reasonable ability to control, the Municipality shall have no responsibility or liability for any loss or damage sustained by the Stewardship Ontario by reason thereof. 16.0 Signatures IN WITNESS WHEREOF the Parties hereto have executed this Agreement as of the date stated in the Preamble to this Asreement. STEWARDSHIP ONTARIO Joyce Barretto, CEO I/We have authority to bind Stewardship Ontario MUNICIPALITY OF BAYHAM Per: Name: Lynn Acre Title: Mayor Per: Name: Lynda Millard Title: Clerk We have authority to bind the municipality. Per: t4 By-law 2009-012 A by-law to authorize the execution of a... Page 320 of 335 July 30, 2008 Schedules to Municipal MHSV/ Shared Responsibility Agreement Schedule A - 2009 Services Municipality Name:Municioalitv of Bavham Address: PO Box 160.9344 Plank Road City/Town: Straffordville Postal Code:N0J lYO WDO Program Code: Phone: 519-866-5521 Ext. E-mail: smantel@bayham.on.ca- MHS\il Program Information Population Served: 6750 Total Households Served: 2502 Households Served: Single Family Multi Family By Curbside By Depot By Event Days 2478 Exempt Small Quantity Generators (Exempt SQG) Served: ! Yes X No Service Area (as per C of A): N/A Program delivered by (may be shared): Municipality of Bayham- Residential Program: I Free to residents ! charge residents (include fee schedule) Exempt SQG Program: lFree to Exempt SQG ! charge to Exempt SQG (include fee schedule) 24 15 By-law 2009-012 A by-law to authorize the execution of a... Page 321 of 335 Julv 30. 2008 Schedules to Municipal MHSV/ Shared Responsibility Agreement Table l:2009 Planned Permanent and Mobile Depot Operating Times Depot Locations Operating Days Operation Hours Total Annual Operating Days Permanent Mobile Months of Operation (a) Straffordville Public Works Yard Saturday after May long weekend 9:00 am - 2:00 pm I (b) (c) (d) (e) (Ð (e) (h) (Ð T6 By-law 2009-012 A by-law to authorize the execution of a... Page 322 of 335 July 30, 2008 Schedules to Municipal MHSW Shared Responsibility Agreement Table 2z 2009 Planned Permanent and Mobile Depot Operational Activities Depot Locations Reuse Activity Bulking MHSV/ (list) Oil Filter Compaction PCB Testing Storage Capacity Other (a) Straffordville Public V/orks Yard (b) (c) (d) (e) (Ð (e) (h) (Ð t7 By-law 2009-012 A by-law to authorize the execution of a... Page 323 of 335 Julv 30. 2008 Schedules to Municipal MHSW Shared Responsibility Agreement Table 3: MHSW MOE Waste Classes Permitted at each Depot Location: Depot Locations MOE V/aste Classes MOE Limitations (a) (b) (c) (d) (e) (Ð (e) (h) (Ð 18 By-law 2009-012 A by-law to authorize the execution of a... Page 324 of 335 Julv 30. 2008 Schedules to Municipal MHSW Shared Responsibility Agreement Schedule B: Contract(s) Summary List all Contractors used for each depot location: Depot Locations Collection Contractor Disposal Contractor (s) by Waste Class (a) Straffordville Public W'orks Yard Clean Harbours Canada Inc Clean Harbours Canada Inc. (b) (c) (d) (e) (Ð (g) (h) (Ð t9 By-law 2009-012 A by-law to authorize the execution of a... Page 325 of 335 Julv 30. 2008 Schedules to Municipal MHSW Shared Responsibility Agreement Contractor(s) Coordinates : 1. Contractor Company Name: Clean Harbours Canada Inc Address: 1829 Allanport Road CitylTown: Thorold, Ontario Postal Code: L2V 3V9 Contact Person!_Ba4d)LZdçlar Title: Phone: 905-680-7600 E-mail: Contract start date: -YCA.r-toJgAL-bASis Contract end date: Contract extension: YesÀllo. lf Yes: possible extension period: ! Yes: termination notice period:nNo 20 By-law 2009-012 A by-law to authorize the execution of a... Page 326 of 335 Julv 30.2008 Schedules to Municipal MHSV/ Shared Responsibility Agreement MHS\il Management Methods: Please check off the MHSW Management Methods used by the contractors and downstream processors your contractors use to manage the MHSW received. Recycle Landfill Secure Landfill Incin- eration Fuel Blending Physical Chemical Treatment Other: Paints and coatings X Solvent X Solvent containers X Oil Filters X Oil Containers X Single Use Dry Cell Batteries X Antifreeze X Antifreeze Containers X Pressurized Containers X Fertilizers, Fungicides, Herbicides, Insecticides, Pesticides X solids X liquids Other: Inorganic acids X Other: Inorganic bases X 2l By-law 2009-012 A by-law to authorize the execution of a... Page 327 of 335 July 30, 2008 Schedules to Municipal MHSW Shared Responsibilþ Agreement Other: Inorganic oxidizers X 22 By-law 2009-012 A by-law to authorize the execution of a... Page 328 of 335 Schedule C - Actions Regarding Current And Future Service Provider Contracts 17.0 Modification of Existing Service Provider Contracts l7.I The Municipality shall obtain the following amendments to its Service Provider Contracts: (a) Separate pricing for each of the following Phase I MHSV/ Post-Collection Services (i) paints and coatings and the containers in which they are contained; (ii) solvents and the containers in which they are contained; (iii) single use dry cell batteries; (iv) pressurized containers, such as propane tanks and cylinders; (v) fertilizers and the containers in which they are contained; and (vÐ pesticides, fungicides, herbicides, insecticides and the containers in which they are contained. (b) Where existing Service Provider Contracts include the management of oil filters, oil containers, antifreeze and antifreeze containers (collectively referred to as "Automotive MHSW"), the Municipality agrees to take all reasonable steps to remove Automotive MHSV/ Post-Collection Services from its existing contract, enabling payment for such Automotive MHSV/ to be managed by Stewardship Ontario through its Transport and Processing Incentive System. (c) discontinue bulking of Phase 1 MHSW in accordance with Stewardship Ontario's Municipal MHSW Standard as amended from time to time and available on Stewardship Ontario's website ( ). By-law 2009-012 A by-law to authorize the execution of a... Page 329 of 335 July 30, 2008 Schedules to Municipal MHSW Shared Responsibility Agreement Schedule D - Proposed Changes and Improvements To MHSW Service [Note: modify paragraphs below as requiredJ 18.0 Expansion of MHSW Collection Services 18.1 The Municipality agrees to: (a) extend existing depot days/hours as follows: times, dates, Iocations) (b) open new collection sites as follows: (specfy (dates, locations, MHSW accepted, e.g. batteries and paint only) (c) operate additional collection events as follows: (dates, locations) (d) accept MHSV/ from other municipalities as follows: (provide specifics including description of other municipalities, collection locations, types of MHSW, other information) 19.0 Range of MHSW accepted 19.1 The Municipality agrees to expand the types of MHSW accepted in its MHSV/ Collection Services as follows: 20.0 Accessibility to Collection Services 20.1 The Municipality agrees to take the following steps, including related amendments for Certificate(s) of Approval (C of As), to make its Collection Services accessible to more users as follows: (a) acceptance of paint and batteries from Exempt SQG as follows: (provide specifics including locations, types of MHSW, other information) 21.0 Reuse Programs 2I.l The Municipality agrees to commence/expand the MSHV/ reuse program as follows: 24 By-law 2009-012 A by-law to authorize the execution of a... Page 330 of 335 July 30, 2008 Schedules to Municipal MHSV/ Shared Responsibility Agreement Schedule E Roles & Responsibilities Regarding Promotion and Education 22.0 Local Promotion and Education Support 22.1 Stewardship Ontario shall provide funding in each year of the Agreement, as described in Schedule F, to be used by the Municipality in support of local promotion and education relating to MHSW, such as news releases, calendars, guides, flyers, newsletters, media (i.e. print and/or electronic, e.g. radio), visits to schools, community events. 22.2 The Municipality shall provide proof of these activities (including samples of materials created), on an annual basis following each calendar year end, or otherwise as Stewardship Ontario shall specify. 23.0 Depot and Event Advertising 23.1 Stewardship Ontario shall schedule and pay directly for the costs of newspaper advertising that are solely for Phase 1 MHSW for local depots or events of the Municipality, provided that the Municipality submits aprior written request. Any such request shall be limited to a maximum of three local newspaper advertisements per depot or for up to two (2) events. 23.2 Stewardship Ontario shall use a standard, reasonably sized, advertisement template modified to include required information about depots or events or the Municipality may, at its own cost, develop the advertisement design subject to the approval of Stewardship Ontario. 24.0 MHSW Provincial Promotion and Education Stewardship Ontario shall provide promotion and education for the MHSW program in accordance with the MHSV/ Prosram Plan. 24.1 25 By-law 2009-012 A by-law to authorize the execution of a... Page 331 of 335 July 30, 2008 Schedules to Municipal MHSV/ Shared Responsibility Agreement Schedule F - Financial Arrangements l. Reimbursable MHSW Services 1.1 The Parties shall perform the following tasks to enable the Municipality to submit an invoice for reimbursable MHSW Services as follows: 1.1.1 The Municipality must invoice Stewardship Ontario by submitting, on a quarterly basis, the Municipal MHSW Report administered by WDO and submit an invoice that includes the Municipal MHSW Report Summary generated automatically upon submission and referencing the purchase order number provided in the Summary. 1.I.2 In order to receive payment of any invoice submitted, the Municipality must provide all of the information required by the Municipal MHSW Report. 2. Financial Arrangements for Promotion and Education 2.1The Municipality shall receive a share, as described in this Schedule F, of the $600,000 fund ("LocalP&E Fund") provided by Stewardship Ontario for local promotion and education activities (as described in Schedule E) for the period July 1, 2008 to June 30, 2009. 2.2The Local P&E Fund, less 10 %o, shall be distributed among municipalities entering into MHSV/ program agreements with Stewardship Ontario by December 15,2008. Any reference to municipality or municipalities in this Schedule F includes local service boards or other entities entering into MSHW Shared Responsibility Agreements with Stewardship Ontario. 2.3 The Local P&E Fund shall be divided on a per household basis, subject to a minimum of $ 1,000 per municipality. 2.4 Ten percent of the Local P&E Fund shall be held in reserve to provide funding, at the same rate per household (subject to the $1,000 minimum), for any MHSW programs initiated by a municipality which begins an MHSW program between January I and June 30,2009, ("New 2009 Programs") provided that the Municipality enters into an Agreement on or before June 30,2009 and the Municipality did not operate an MHSW program in calendar year 2008. If the l\Yo reserve is not sufficient to allow the same rate to be paid to New 2009 Programs, then New 2009 Programs shall be limited to their respective share of the amount available in the 10olo reserve. 2.5 Any unused balance of the 100á reserve shall be distributed after June 30, 2009 on a per household basis among all participating municipalities except those municipalities subject to the minimum $1,000 payment. 26 By-law 2009-012 A by-law to authorize the execution of a... Page 332 of 335 July 30, 2008 Schedules to Municipal MHSW Shared Responsibility Agreement 2.6 Any municipality which operated an MHSW program in 2008 but does not enter into an MHSW Shared Responsibility Agreement with Stewardship Ontario by December 15, 2008 shall not share in the Local P&E Fund which is allocated for the period July 1, 2008 to June 30,2009. 2.7 Municipalities receiving the minimum $1,000 amount shall be paid in one instalment at the time of reimbursement to the municipality for the quarter ending December 31, 2008, while municipalities receiving more than the minimum $1,000 shall be paid in two instalments at the time of reimbursement to the municipality for each of the quarters ending December 31,2008 and June 30,2009. 2.8 The number of households shall be calculated using data obtained from the Municipal Property Assessment Corporation or other data source as selected by Stewardship Ontario. The household count shall include all municipalities that have entered into MHSW shared responsibility agreements. 2.9 Payments shall be made by Stewardship Ontario to the Municipality and it shall be the responsibility of the Municipality to make any redistribution required among other municipalities or entities utilizing the MHSW services provided by the Municipality. 27 By-law 2009-012 A by-law to authorize the execution of a... Page 333 of 335 By-law 2009-012 A by-law to authorize the execution of a... Page 334 of 335 THE CORPORATION OF'TEE MI]NICIPALITY OF' BAYHAM BY-L.AW NO.2009-013 A BY.LA}Y TO CONF'IRM ALL ACTIONS OF' THE COI]NCIL OF THE CORPORATION OF THE MTJNICIPALITY OF BAYSAM FOR THE. REGULAR MEETING HELD F'EBRUARY 5.2009 WHEREAS under Section 5 (l) of the Municipal Act 2001 S.O. 2001, Chaptet 25, the powers of a municþal corporation are to be exercised by the Council of the municipality; AflD WHEREAS under Section 5 (3) of the Municipal Act, 2001, the powers of Council are to be exercised by by-law; AllD WIIEREAS the Council of the Corporation of the Municþality of Bayham deems it advisable that the proceedings of the meeting be confirrned and adopted by by-law. THæ¡¡¡¡O¡P THE COIJNCIL OF'THE CORPORATION OF THT' MI]NICIPALITY OF' BAYIIAM ENACTS AS F'OLLO\ilS: 1. TIIAT the actions of the Counsil of the Corporation of the Municþality of Bayham in respect of each recommendation and each motion and resolution passed and other action by the Council at the regular meeting held February 5, 2009 is hereby adopted and confinne.d 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 necessaryto give effect to the action of the Council executing all documents aod affixing the Corporate Seal. READ A tr'IRST, SECOI\D AND THIRD TIME and fìnally passed this 5th day of tr'ebruary 2009. MAYOR CLERK By-law 2009-013 A By-law to confirm all actions of Counc... Page 335 of 335