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HomeMy WebLinkAboutMay 05, 2011 - CouncilCOUNCIL AGENDA THE CORPORATION OF THE MUNICIPALITY OF BAYHAM 9344 Plank Road, Straffordville Thursday, May 5, 2011 7:00 p.m. 6:30 p.m. Committee of Adjustment - Hiemstra 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 April 21, 2011. (b)Added Item(s) 4.DELEGATIONS (a)7:05 p.m. - Christine Churchill regarding "Outback Camping Application for exemption from Noise By-Law". (b)7:15 p.m. - Carole Engelhardt regarding "Outback Camping Application for exemption from Noise By-Law". (c)7:25 p.m. - Helene Cerna regarding "Outback Camping Application for exemption from Noise By-Law". (d)7:35 p.m. - Karen Cummings regarding "Outback Camping Application for exemption from Noise By-Law". 5.INFORMATION ITEMS (a)AMO Breaking News regarding "Firefighters Mandatory Retirement Legislation Introduced". File: A01 (b)Correspondence from Local Authority Services Ltd regarding "LAS Energy Workshop Sessions". File: A01 5-15 17-20 21 23 25-26 27-28 Page 1 of 131 Council Agenda May 5, 2011 Page 5.INFORMATION ITEMS (c)Correspondence dated March 24, 2011 from Ministry of Revenue regarding "Ministry of Revenue, Get Your Money Cards". File: A16 (d)Correspondence dated April 27, 2011 from Long Point Region Conservation Authority regarding "Financial Statements for the period ending December 31, 2011". (Details available) File: A16 (e)Joint Cemetery Board Draft Minutes of meeting held April 19, 2011. File: C06 (f)Correspondence received from County of Elgin regarding "2011 Community Festival & Event Partnership Program". File: F11 (g)Correspondence dated April 8, 2011 from Citizenship and Immigration Canada regarding "Canada's Citizenship Award 2011". (Nomination Forms Available) File: M02 (h)Correspondence dated April 19, 2011 from Town of Ingersoll regarding "HST charged on gasoline and diesel sales". File: C10 6.PLANNING, DEVELOPMENT, RECREATION & TOURISM (a)Staff Report D2011-18 regarding "MacNeil Subdivision Port Burwell Pre-Servicing Agreement Amendment". File: D12.08ELIZ 7.ROADS, AGRICULTURE & DRAINAGE 8.PROPERTY, BUILDING & PROTECTIVE SERVICES (a)Building Permit Report for month ending April 30, 2011. (b)Staff Report P2011-008 regarding Outback Camping Noise Exemption". File: P01 29 31-35 37-39 41-46 47 49-52 53-58 59 61-84 Page 2 of 131 Council Agenda May 5, 2011 Page 8.PROPERTY, BUILDING & PROTECTIVE SERVICES (c)Staff Report P2011-009 regarding "Committee of Council - By-Law Review". File: P01 (d)Correspondence dated May 2, 2011 from Bayham / Port Burwell Horticultural Society regarding "Use of Municipal Sign". File: C13 9.FINANCE, ADMINISTRATION & PERSONNEL (a)Cheque Register being Cheque #10345 to Cheque #10411 inclusive, except Cheques #10292 and #10314 totaling $68,675.20 and Payroll Disbursements for the period ending April 17, 2011 totaling $52,457.59. (b)Correspondence dated April 21, 2011 from Town of Ingersoll regarding "Resolution on Elimination of Municipal Health Care Professionals Recruitment Incentives". File: C10 (c)Staff Report PR2011-06 regarding "Harbour Facilities 2011". File: L04 (d)Staff Report F2011-06 regarding "Valko-Giesbrecht Property". File: F22 (e)Correspondence dated April 29, 2011 from Corinth Pavilion Fund Raising Committee regarding "Corinth Pavilion Fundraiser". File: C13 (f)Staff Memorandum regarding "Dredging Information Update". File: D06 10.ENVIRONMENT 11.COMMITTEE OF THE WHOLE (a)In Camera. (b)Closed session minutes of the regular meeting of Council held April 21, 2011. (c)Confidential Report regarding litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board. (Illegal Building Construction) 85-86 87 89-100 101-102 103-109 111-112 113 115-117 Page 3 of 131 Council Agenda May 5, 2011 Page 11.COMMITTEE OF THE WHOLE (d)Correspondence regarding personal matters about an identifiable individual, including municipal or local board employees. (Land Division Committee - Future Considerations) (e)Confidential Verbal Report regarding advice that is subject to solicitor-client privilege, including communications necessary for that purpose. (Project Ojibwa Lease Update) (f)Out of Camera. 12.BY-LAWS (a)By-Law 2011-038 A By-Law to authorize the execution of a lease agreement. (Bradfield) (b)By-Law 2011-039 A By-Law to authorize the execution of an amendment to a Pre-Servicing Agreement. (Jo-Lynn Pt. Burwell Inc.) (c)By-Law 2011-040 A By-Law to confirm all actions of Council 13.ADJOURNMENT (a)Adjournment 119-124 125-129 131 Page 4 of 131 COUNCIL MINUTES THE CORPORATION OF THE MUNICIPALITY OF'BAYHAM 9344 Plank Road, Straffordville Thursday, April 21, 20ll 7:00 PM The regular meeting of the Council of the Municipality of Bayham was held on Thursda¡ April 21,2011 in the Council Chambers. Present were Mayor Paul Ens, Deputy Mayor Mark Taylor, Councillors Tom Southwicþ Wape Casier and Ed Ketchabaw, Administrator Kyle Kruger and Clerk Lynda Millard. 1. CÄLL TO ORDER Mayor Ens called the meeting to order at 7:00 p.m. 2. DISCLOSURE OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF None 3. APPROVAL OF MINUTES AND ADDITION OF AGENDA ITEMS (a) Minutes of the regular meeting of Council held April 7,2OIl. 20tL-170 Moved by Councillor E Ketchabaw Seconded by Councillor W Casier ffTHAT the minutes of the regular meeting held April 7,2011be approved as circulated." CARRIED UNANIMOUSLY (b) Added rrem(s) 20lt-t7r Moved by Councillor W Casier Seconded by Councillor E Ketchabaw "TIIAT in accordance with Section 21 of Procedural By-law 2002-93, Mike Timmermans as a delegation, request by Rose Gardner to use the Bayham Library basement; verbal update regarding a meeting of County Councillors with representatives of the Thames Valley District School Board; Closed session minutes of the meeting held April7,20ll and Verbal Report regarding advice that is subject to solicitor-client privilege, including communications necessary for that purpose (Ojibwa Lease Negotiations) be added to the agenda as items 4(e), 9(g), 9(h) and 11 respectively." CARRIED LINANIMOUSLY Page 1 of11 Minutes of the regular meeting of Council held April 21, 2011.Page 5 of 131 Council Minutes 4. DELEGATIONS ApnI2l,20ll (a) 7:15 p.m. - John Peters regarding "Value added agriculture uses to a farming operation and the zoningby_law". Mr. John Peters made a presentation regarding his farming operation consisting of growing com, wheat, and other grains to be milled on-farm, to make flour, com tortillas and chips, and wheat tortillas. He suggested the carrying on of these activities is permitted under the cunent Tsning by-law without the need for site specific rezoning as requested by municipal staff. He requested Council's support for the continuation of the activities without going through the rezoning process. The Administrator noted that fþe ¡e2¡ning process allows the opportunity for the municipality to review and address concerns that may arise, such as impact on roads, noise and odours and for public input from nearby property owners. Costs for an application to rezone would include a fee of $1,000 plus a deposit of $1,000. 7:25 p.m. - Marc Ce¡ra regarding "Outback Camping Application for exemption from O) Noise By-Law". Marc Cerna was against the application for an exemption from the noise by-law to be granted until 6:00 a.m. He raised concerns with the booming sounds that kept people and animals awake, inappropriate language, heavy traffic, speeding and careless driving as well as alcohol bottles being thrown and broken in the ditches. He suggested 11:00 p.m. until midnight would be reasonable. (c) 7:30 p.m. - Robert Cema regarding "Outback Camping Application for exemption from Noise By-Law". Robert Cerna agreed with the previous delegation noting that both people and animals were affected by the loud noise kilometers away. He requested Council to take into consideration the petition submitted by a number of nearby residents against any exemption beyond the prohibited 1l:00 p.m. period as requestedbyMr.M. Timmermans of Outback Camping. (d) 735 p.m. - Christine Churchill regarding "Outback Camping Application for exemption from Noise By-Law". Christine Churchill spoke in opposition to any exemption from the noise by-law based on failure of the owner to control the music and noise at the campgrounds in the summer of 2010. She commented that the request for extended hours of exposure of the neighbours to loud music and noise for 16 to 19 of 24 hours is unrealistic. She added that the owner should provide a sound proof building for camper use during prohibited hours. Ms. Churchill suggested that the site be monitored during all long week-ends and that the OPP conduct a RIDE program nearby. She advised that a petition containing fifty-three signatures of persons against any exemption had been submitted and commented that the applicant is not worthy of Council's consideration for an s¡smption. (e) 7:45 p.m. - Mike Timmermans regarding "Outback Camping request for exemption from Noise By-Law". Page2 of 17 Minutes of the regular meeting of Council held April 21, 2011.Page 6 of 131 Council Minutes APril2l,20ll Mike Timmellnans, olilner Outback Camping, thanked Council for considering his reques! for noise by-law exemptions. He advised that it is not the intent to play music all night but rather to accommodate campers who wish to stay up and talk with others. He noted that he has improved security over 2010 to help manage crowd control. Mr. Timmermans noted that his campers have a considerable economic impact on local businesses, particularly on long holiday weekends. He submitted a petition of support sigued by nineteen representatives of local businesses. He suggested that his business cannot run without some noise byJaw exemption. He commented that otherprivate campgrounds have the same issues, however, not on as large a scale. 5. INF'ORMATION ITEMS (a) Correspondence dated April 14, 20ll from Association of Municipalities of Ontario regarding "AMO Supports Accessible Communities". File: 401 (b) Long Point Region Conservation Authority minutes of meeting held February 25, 20tt. File: A16 (c) Bayham Harbourfront Committee minutes of meeting held February 23,2011. File: C06 (d) Bayham Historical Society minutes of meeting held March 10,2011. File: C06 (e) Lake Erie Region Source Protection Committee minutes of meeting held March 3, 2011. File: E00 (Ð Correspondence dated April 15, 2011 from City of Oshawa regarding "School Boards' Declaration of Voting Day as a Professional Activity Day". File: C10 (g) Conespondence dated March 3l,20Ll from City of Mississauga regarding "Revenue from H.S.T. Charged on Gasoline and Diesel Sales Transportation Inf¡astructure Fundirg". File: C10 (h) Correspondence dated March 3l,2OI1 f¡om Ministry of Transportation regarding "Project Ojibwa". File: D06 (Ð Correspondence datedMarch 31,2011 from Stewardship Ontario regarding "Industry Funding for Municipal Blue Box Recycling for 2010 Program Year". Page 3 of 11 Minutes of the regular meeting of Council held April 21, 2011.Page 7 of 131 Council Minutes APnI2L,20IL File: E07 (t) Correspondence dated March 2011 from Ministry of Citizenship and Immigration regarding "Lincoln M. Alexander Award 201I". File: M02 20tt-t72 Moved by Councillor T Southwick Seconded by Councillor W Casier I'THAT items 5(a) through 5(i) be received for information.rr CARRIED IINANIMOUSLY 6. PLA¡INING. DEVELOPMENT. RECREATION & TOURISM (a) StaffReport D2011-15 regarding "Growmark Site Plan Agteement /By-Law 20ll- 032". File: DII.GROW 20|t-t73 Moved by Councillor'W Casier Seconded by Councillor E Ketchabaw "THAT By-Law 20ll-032, being a By-law to authorize the execution of a Site Plan Agreement with Growmark Inc. and the Municipality of Bayham, be presented for enactment.tt CARRIED UNANIMOUSLY (b) Staff Report D2OI I -16 regarding "Froese Amended Conse,nt Application s F;20 -23 / 11" . File: D10.11Froese The Administrator advised that the two bams are currently housing livestock, however, the Minimum Distance Separation does not apply. Deputy Mayor Taylor noted his opposition to decisions made based on assessment mapping not necessarily bsing correct. 20rt-t74 Moved by Councillor W Casier Seconded by Councillor E Ketchabaw "TIIAT Council recommend to the Elgin County Land Division Committee the four consent applicationsB2Û-23lll, submitted by John Froese, be granted with each application subject to the following conditions: 1. copy of the final survey be provided to the rnunicipality 2. $500 cash-in-lieu parkland dedication fee payable to the municipality 3. conceptual plan of subdivision 4. municipal lot assessments subject to municipal approval Page4ofll Minutes of the regular meeting of Council held April 21, 2011.Page 8 of 131 Council Minutes April2l,20Lt 5. grading plan for the entire lands subject to municipal approval 6. municipal drainage works subject to municipal and authorizing agencies' approval 7. water quantity testing report subject to provincial standards on each proposed lot 8. water quality testing report for nitrates and bacteria content subject to provincial standards on each proposed lot 9. purchase of municipal civic numbering signage from the municipality 10. road access permit subject to municipal approval 11. rezoning to remove the holding provision." CARRIED (c) Correspondence dated April 14, 2011 from Oxford County regarding "Draft Approval of Plan of Subdivision". File: D12 20ll-175 Moved by Councillor T Southwick Seconded by Councillor W Casier "THAT copy of correspondence from Oxford County to the Town of Tillsonburg regarding Draft Approval of Plan of Subdivison be received for information." CARRIED UNANIMOUSLY 7. ROADS. AGRICULTURE & DRAINAGE (a) SbffReport DR201l-005 regarding "Richmond Outlet Municipal Drain". File: E09 Richmond Outlet 20tL-t76 Moved by Councillor W Casier Seconded by Councillor E Ketchabaw "TIIAT the Drainage Superintendent's reassessment of the Richmond Outlet Drain as set out in "Agreements between Property Owners for Drainage Apportionment due to Land Severance or Sale" as executed by Cornelius Teichroeb and Martin and Emily Gazendam are hereby filed and accepted by Council; THAT the Drainage Superintendent's reassessment as set out in "Agreements between Property Owners for Drainage Apportionment due to Land Severance or Sale" as executed by Cornelius Teichroeb and Kelly and Emily Gazendam are hereby filed and accepted by Council; AND THAT By-law #2011-034 being a By-law to amend the drainage assessment for those lands identified as Assessment Roll #34-01-000-007-05210, Assessment Roll #34-01-000-007-05205 and Assessment Roll #34-01-000-007-05215 in the watershed of the Richmond Outlet Municipal Drain referred to in Engineer's Report forming Page 5 of11 Minutes of the regular meeting of Council held April 21, 2011.Page 9 of 131 Council Minutes April2I,2Dll part of the Municipality of Bayham By-law 2008-023, as amended, be presented to Council for enactment." CARRIED UNANIMOUSLY 8. PROPERTY. BUILDING & PROTECTIVE SERVICES (a) Request received from Eileen DeJager, Supervisor Bayham Library, to use the municipal sign to promote celebration of the 75th anniversary of the Elgin County Library System. File: C13 20tt-177 Moved by Deputy Mayor M Taylor Seconded by Councillor W Casier "THAT Council grants permission to the Supervisor of the Bayham Library to use the Municipal sign as requested, subject to Municipal needs." CARRIED UNANIMOUSLY O) Application for Exemption from Bayham By-Law 2001-57 (to regulate and control noises) received from Outback Camping, Mike Timms¡¡¿¡s. File: Cl3 20rt-r78 Moved by Councillor E Ketchabaw Seconded by Councillor W Casier 'TTHAT Council inform the applicant that due to the public feedback already received, they are not interested in approving this application." CARRIED UNANIMOUSLY 9. FINANCE. ADMINISTRATION & PERSONNEL (a) Cheque Register being Cheque#10267 to Cheque #10344 inclusive, except Cheques #10342 totaling $327,510.84 and Payroll Disbursements for the period ending April 3, 20 I 1 totaling $54,249.04. 20tt-179 Moved by Councillor T Southwick Seconded by Councillor E Ketchabaw 'TTIIAT Cheque Register being Cheque #10267 to Cheque #10344 inclusive, except Cheques #10342 totaling $327,510.84 and Payroll Disbursements for the period ending April3,20ll totaling 554,249.04 be approved." CARRIED I'NANMOUSLY (b) Correspondence dated March 3L, 2}ll from the Municipality of Halton regarding Page6ofll Minutes of the regular meeting of Council held April 21, 2011.Page 10 of 131 Council Minutes Apnl2l,20II "Harmonized Sales Tax Revenue and a New Funding Mechanism for Transportation Infrastructure". File: ClO 201 1-180 Moved by Councillor E Ketchabaw Seconded by Deputy Mayor M Taylor "THÄT correspondence from Municipality of Halton regarding Harmonized Sales Tax Revenue and a New Funding Mechanism for Transportation Infrastructure be received.tt CARRIED I]NANIMOUSLY (c) Correspondence dated April 5, 2011 from Elgin Group Police Services Board regarding "Policing Costs - 2011". File: P17 201 t-181 Moved by Councillor E Ketchabaw Seconded by Councillor T Southwick "TIIAT the Municipality of Bayham hereby authorizes and approves of the four- year occurrence method of cost apportionment phased-in over a four-year period (Option #f4B) for Ontario Provincial Police contract costs and Elgin Group Police Services Board budget.rr CARRIED 20rt-t82 Moved by Deputy Mayor M Taylor Seconded by Councillor E Ketchabaw "THAT the Municipality of Bayham hereby approves the 2011 budget of the Elgin Group Police Services Board as presented." CARRIED (d) SbffMemorandum regarding "Tax Sale". Ftle: F22-ll 20r 1-183 Moved by Councillor E Ketchabaw Seconded by Councillor T Southwick "THAT staff be directed to retain the services of an Engineer to get an opinion as to the structural condition of the building.r' CARRIED UNANIMOUSLY Page7ofll Minutes of the regular meeting of Council held April 21, 2011.Page 11 of 131 Council Minutes Apnl2l,20ll (e) Staff Memorandum regarding "Dredging Information/Update". File: D06 OJIB The Administrator advised that Mr. Underwood and Jim Atkinson, IMS were present. It was noted that staff have not been advised of the status of the Sand Plains proposal for planning studies. The depth and method of disposal required for dredging is still unknown. Mr. Kruger is to meet with officials regarding dredging requirements next week. Details regarding a proposed refundable deposit on the purchase of the dredge are to be sought. 20tl-t84 Moved by Councillor W Casier Seconded by Councillor E Ketchabaw I'THAT StaffMemorandum regarding Dredging Information Update be received for information." CARRIED TINANIMOUSLY 201 1-185 Moved by Councillor E Ketchabaw Seconded by Councillor W Casier "THAT in accordance with Section 12 of Procedural By-Law 2002-93, Council shall deal with business until 11 p.m. at its meeting of April 21,2011." CARRIED TINANIMOUSLY (Ð StaffMemorandum regarding "Municipal Assistance Applications 2011". File: Fll Assist 201 1-186 Moved by Councillor E Ketchabaw Seconded by Deputy Mayor M Taylor "THAT Council approves fee waivers for use of the Straffordville @ayham) and Vienna Community Centres as follows: 1. Straffordvitle (Bayham) Community Centre use - Optimist Club of Straffordville/Bayham main hall plus kitchen 2 events - Otter Valley Chamber of Commerce main hall l event - SERVE Parents Association main hall2 events - Straffordville Community Committee main hall, parking lot, cement pad and grounds 3 events, main hall5 events - Straffordville Lioness Club main hall2 events - Straffordville Lions Club main hall bi-monthly dinner meetings, weekly Bingo' plus 3 events - Straffordville Santa Claus Parade Committee main hall l event; Page8ofll Minutes of the regular meeting of Council held April 21, 2011.Page 12 of 131 Council Minutes Apn12L,20II 2 Vienna Community Centre use - Bayham Historical Society use of Council Chambers for monthly meetings, use of Edison Museum storage, display, student and researchers, use of photo copier and supplies, Memorial Park 1 event, hall for I event (inclement weather) - Eastern Star upper hall 10 meetings plus other fundraising events - St. Lukes Anglican Church Guild basement with kitchen 2 events plus funeral luncheons as required Memorial Park 2 events - Straffordville Firefighters Association entire hall2 events - Vienna Lioness den with kitchen for 10 monthly meetings, entire hall3 events two days and possible addítional events - Vienna Lions CIub den with kitchen 21 meetings, whole hatt with kitchen 3 events, basement 2 events, possible additional events; AND THAT the cleaning fee only apply except for funerals." CARRIED LINANIMOUSLY (g) Request from Rose Gardner to use Bayham Librarybasement for a cold dinner and meeting by non-profit volleyball league. File: C13 20tt-t87 Moved by Councillor E Ketchabaw Seconded by Councillor W Casier "THAT Council approves use of Bayham Library basement on April30 as requested by Rose Gardner for dinner and meeting of non-profit volleyball league." CARRIED T]NANIMOUSLY (h) Verbal update regarding a meeting held April 20 of County Councillors with representatives of the Thames Valley Dishict School Board. Mayor Ens advised that County Council had met with Thames Valley District School Boa¡d rqrresentatives on April 20th. Trends of attendance projected over the next five years were discussed. It was noted that many schools in the region are down in attendance. School buildings are being assessed and amenities ranked. Ideal goals for attendance are between 500 to 700 students in order to provide extra curricular activities. 10. ENVIRONMENT (a) Correspondence dated March 3l,2}ll from Elgin Area Primary Water Supply System regarding "Elgin Area Primary Water Supply System 2010 Compliance Report,' File: E08 201 1-188 Moved by Councillor E Ketchabaw Seconded by Councillor T Southwick Page 9 of 11 Minutes of the regular meeting of Council held April 21, 2011.Page 13 of 131 Council Minutes Apnl2l,20ll "THAT Elgin Area Primary Water Supply System 2010 Compliance Report be received for information. " CARRIED UNANIMOUSLY 11. COMMITTEE OF THE WHOLE (a) In Camera. 201 l-189 Moved by Councillor E Ketchabaw Seconded by Councillor T Southwick "THAT the Council do now rise to enter into an "In Camera" Session of Committee of the Whole at 10:48 p.m. to discuss: ¡ advice that is subject to solicitor-client privilege, including communications necessary for that purpose.t' CARRIED IINANIMOUSLY (b) Verbal Report regarding advice that is subject to solicitor-client privilege, including communications necessary for that purpose. (Ojibwa Lease Negotiations) (c) Closed session minutes of the regular meeting of Council held April 7 , 2011. (d) out of camera. 20tt-t90 Moved by Councillor T Southwick Seconded by Councillor E Ketchabaw "TIIAT the Committee of the Whole do now rise from the "In Camera" session at llzl2 p.m." CARRIED UNANIMOUSLY 12. BY.LAWS (a) By-Law 2OIl-032 A By-Law to authorize the execution of an agreement (Growmark Inc) (b) By-Law 2}ll-033 A By-Law to authorize the renewal of an agreement (Donnell) (c) By-Law 2}ll-034 A By-Law to fluther amend By-Law 2008-023 as amended (Richmond Outlet Drain) 20tt-tgt Moved by Councillor W Casier Seconded by Councillor E Ketchabaw "THAT By-Laws 20ll-032,2011-033 and 2011-034 be read a first, second and third time and finally passed." CARRIED UNANIMOUSLY Page l0 of I 1 Minutes of the regular meeting of Council held April 21, 2011.Page 14 of 131 Council Minutes Apnl2I,20lL (d) By-Law 2011-035 A By-Law to confirm all actions of Council 20tt-192 Moved by Councillor E Ketchabaw Seconded by Councillor W Casier TTTHAT confirming By-Law 2011-035 be read a firsÇ second and third time and finally passed." CARRIED UNANIMOUSLY 13. ADJOURNMENT (a) Adjoumment 20tt-t93 Moved by Councillor T Southwick Seconded by Councillor W Casier "TIIAT the Council meeting be adjourned at 11:13 p.m." CARRIED UNANMOUSLY MAYOR Page 11 of11 Minutes of the regular meeting of Council held April 21, 2011.Page 15 of 131 Page 16 of 131 + Pcl Subject:FW: noise bylaw exemption being sought for May 5/11 Dear Members of CounciI, As an immediate neighbor of OutBack Campground we are definitely not in favour of Mr. Timmermans 2nd request of an exemption -in regards to our Noise By-Law #2001-57, table 3-1, parts 4eI2. (to regulate & control noises )Presently, the prohibited perì-od of time to emit This allows us & others within the immediate and 24 - an opportunity to obtain an undisturbed and hrs. out of 24 for activity. music/noise is from 11pm to 7am. close proximj-ty of the park 8hrs. out of adequate nights sleep. The park has 16 During the summer of 2010, music from the front stage of the park was off at 1lpm. But music,/noise which incl-uded a DJ (music), yelling, shouting, car horn blowinq etc. from the back of the park foJ-lowed, which is certainJ-y not within our present Noise By-Law. This disturbance lasted wel-l- into the night on many occasions. In addition to this, the park also continued to play music,/noise wefl into the night on Labor Day weekend last year after he was denied an exemption in regards to the Noise By-Law. boes this sound like someone who is respectful, considerate and have compassion for his felfow neighbors? fn my opinion, Mr. Timmermans has deflnitefy failed to prove that he can maj-ntain his business j-n a responsibfe and respectfuf way in regards to our Nolse By-Law. Mr. Timmermans is again requesting an exemption to, operate an e.l-ectric device or devices incorporating 1 or more loudspeakers or other el-ectromechanicaf transducers, intended for production, reproduction or amplification of sound plus yelling, shouting, hooting, whistJ-ing and singing ti1l 1am in the morning - FOR ALL 4 LONG IIEEDENDS which íncfudes 3 consecutive nights each session this sunìmer beyond 11pm. If the exemption is granted it is my understanding that the park wilJ- be entitfed to emit music,/noise which is a disturbance for 18hrs. out of 24 for 3 consecutive nì-ghts for al-I 4 long weekends. This entitles us and others 6 hrs. out of 24 to obtain hopefully an undisturbed and uninterrupted nights sleep. And, this would only be if ALL music/noise (inclusive DJ music, ye1J-ing, shouting, horn blowing etc. is off exactly at 1am. ) Deputy Mayor Taylor, made a factuaf statement l-ast council- meeting in regards to the Port Burwell Provincial Park in regards to controlling noise. This park maintains quiet hours within our present Noise By-Law. This park is ful-l every long weekend and most weekends and weekdays of JuJ-y and August. It consists of 232 regular sites and 2 group sites with a totaf maximum capacity of approx. 1-512 people. INTERESTING, WHAT WE PERMIT 9üE PROMOTEI The Coal- Yard Flats this is what I had Londons Rock in the for Londons SpeciaÌ Bl-ues Festivaf in May is shutting down at 10pm. (I'm not 100å of this, heard and have not seen the advertisement on it as yet) Park ends at 11pm. for speciaf events.(see the attached Noise Bylaw Events ) lrfhy are we even considering exemptlng, when other communities are not permitting it. Outback campground was agriculture Iand prior to being amended to open space area without adjacent landowners being notified a num-ber of years agol Tt is my belief that the Noise By-Law was put into effect for the benefit of all living within our municipality. Let's keep it that way. As a full- time resident of this municipality, I feef we are entitfed to peace, 7:05 p.m. - Christine Churchill regarding "Outback Camping Application for exemption from Noise By-Law". Page 17 of 131 tranquiJ-ity, an opportunity to enjoy our properties and maintain a heal-thy lifestyle and a good quality of tife. V{ithin our Noise By-Law it states "the peopl-e have a right to and shoul-d be ensured an environment free from unusual, unnecessary or excessive sound or vibration, without nulsance. " At the l-ast counci-I meeting, I submitted a petition with 53 signatures from our immediate and cl-ose residents whom were not in favour of an exemption being granted. I bel-ieve this speaks loud and clear, we do not want an exemption to our present Noise By-Law! Members of Council: It is my belief that Mr. Timmermans was wel-l aware of our Noise By- Law upon entering into our community and yet, chose to ignore it on many occasions in 201-0. In Iight of what has transpired this past camping season, I strongly feel he is not entitfed to any kind of exemption. In closing, Mr. Tj-mmermans is hofding special- events on all- 4 weekends, is it mandatory for his business to hire off duty police officers l-ike other events in our community? Tf so do these police officers report back to the municipality? T noticed in the Nolse By-Law for special events in London, that decibel- readinqs are taken while an event is being heJ-d (in respect to bands) no l-ouder than 90 decibefs wlthin 100 feet of the music, wj-l-l- these be done by our municipality? lrlhat company has he hired for security and their experience with handling Ìarge crowds? Vrlhere wifl- Mr. Ti-mmermans park vehicles for his 1000 patrons? If this was in your backyard, or with-in cfose proximity what woufd your personal- response be to such an exemption. Members of council: My husband and myself remain not in favour of any kind of an exemption in regards to the Noise By-Law #2007-51. SincereJ-y Christine and Michael Churchill 7:05 p.m. - Christine Churchill regarding "Outback Camping Application for exemption from Noise By-Law". Page 18 of 131 noise policy Page I of2 www.london.ca Home > Parks & Recreation > Events & Planning > Special Event Planning 13.0 Noise Policy The amplification of sound for Special Events will be limited to the hours of 9:00 a.m. to 11:00 p.m. Exception: New Year's Eve Event will be limited to the hours of 9:00 a.m. - 1200 midnight 13.1 a. All special event operators with an amplified concert will be required to post security under this section. Security - $500 - no noise violation in previous year b. lf there was no noise violations from the previous year, all special event operators will be required to post $500 security (cash or letter of credit). lf there are no noise violations during the special event, the security will be returned. However, if there are noise violations during the special event, the security will be forfeited. Security - minimum $1,000 - noise violation in previous year c. lf there was a noise violation from the previous year, the special event operator will be required to post a $1,000 security (cash or letter of credit). lf there are no noise violations during the special event, the security will be returned, and in the following year a $500 security under section 13.1(b) will be required. New - Security - $5,000 - noise violation in previous year d. lf there was a noise violation from the previous two years, the special event operator will be required to post $5,000 security (cash or letter of credit). lf there are no noise violations during the special event, the security will be returned. However, if there are noise violations during the special event, the security will be forfeited. lf there are no noise violations during the special event, the security will be returned, and in the following year a $1 ,000 security under section 13.1 (c) will be required. The operator of the Special Event known as Rock the Park will not be required to provide security in the amount of $5,000 for the 2010 Rock the Park Special Event, but shall be required to otherwise comply with the Special Events Policies and Procedures Manual. e. At the discretion of the Special Events Manager or designate an event may be required to hire an off duty police officer to monitor the sound levels to ensure compliance. lf the special event operator is unable to secure a police officer due to lack of officer availability, the Special Events Manager or designate may waive this requirement or require other security officers to be hired. f. lf the event fails to comply with the Special Event Policy and Procedures Manual, the provisions of the City of London's Noise By-law apply, and any person failing to comply with the Noise By-law shall be subject to By-law charges. 13.2 All amplified concerts shall not exceed a sound pressure 90 decibels beyond 30m (100 feet) from the front edge of the stage. The decibel level within the 30m zone, shall be at the discretion of the event operator, however sound equipment and speaker placement should be designed such that the 90 decibel level is not exceeded at the 30m limit. 13.3 The Corporation of the City of London staff may monitor and document the decibel levels with a decibelsound meter once every l12hour during the amplified concert. Non compliance could result in http://www.london.cald.aspx?s:/Events_Planning/Special Events/noise_policy.htm 02105120rr 7:05 p.m. - Christine Churchill regarding "Outback Camping Application for exemption from Noise By-Law". Page 19 of 131 noise policy Page2 of2 cancellation of future events held by that special event operator and forfeiture of the security (cash or letter of credit). 13.4 Labatt Park: \Mll not be used for amplified concerts. 13.5 Harris Park: a. Wll be limited to 5 major special events (4 consecutive days in length) totaling no more than 12 days combined of amplified concerts per year. b. To limit sound carrying along the river, staging of all amplified concerts will be directed to set-up at the north end of the park with staging facing to the south. c. All speaker stacks should be aimed downward into the crowd versus projecting straight out over the crowd and park property. Special Events staff reserves the right to order adjustments to speakers. 13.6 Victoria Park: a. Wll be limited to nine special events with produced amplified concerts between June 1st and Labour Day in September. 13.7 Springbank Park: a. Wll be limited to five non-amplified concerts per year (not more than two hours in length) and they will not occur on consecutive weekends. b. Non-amplified sound for a special event shall not start before 9:00 a.m. c. No amplified concerts will be allowed in Springbank Park (with the exception of Storybook Gardens). 13.8 The special event operator may be required to do a mail-out to surrounding neighbours. The mail- out would include the following information: a. a contact name and telephone number that the public can reach during each event so that the organizers can immediately address any neighbourhood concerns; b. a synopsis of the history, purpose and not-for-profiVcharitable and economic benefits of the event. Definitions: Amplified Sound: is any sound created by any electronic device or group of connected electronic devices incorporating one or more loudspeakers or other electro-mechanical transducers intended for the production, reproduction or amplification of sound, including but not limited to a radio, television, amplifier, loud speaker, public address system, sound equipment. Non-amplified Sound: when a special event or bandshell booking does not use sound equipment (other than a public address system) to increase the volume of natural sound levels. http://www.london.cald.aspx?s:Ævents_Planning/Special Events/noisejolicy.htm 0210512011 7:05 p.m. - Christine Churchill regarding "Outback Camping Application for exemption from Noise By-Law". Page 20 of 131 Page 1 of 1 Brenda Gibbons From: Carole and John [jcengelhardt@amtelecom.net] Sent: Monday, May 02, 2011 3:38 PM To: Brenda Gibbons Subject: Thursday's meeting re: noise exemption Just a quick outline:a) I thought that it had already been agreed upon that there would be no more revisiting a no¡se exempt¡on from the last meet¡ng regarding the same. DM Mark Taylor requested a revisit of the possibility of an earlier no¡se exemption be looked at rather than having to put Mr. Timmermans through this same ordeal at another time. His motion was not seconded.b) How does Mr. Timmermans' expect to keep the noise level down when he has not been able to in the past? There are no written rules at the campground regarding noise levels. What are the consequences of a noise violation to both his campers and to him if the neighbors complain?c) Not being able to handle the crowds: last year and in past years we have had people wander onto our property. lf something happens to them while on our property we are liable not Mr. Timmermans. Most of the people that find themselves on our property are in a drunken/or some other stupor. We have family members at our house almost every long weekend. (We might as well have them at our house because leaving our property on a long weekend is out of the question i.e.. there has been in the past people breaking into our vehicles).d) Parking - where are all of these people going to be parked? Some try to park along the roadside and on our property. This is a menace to us. Are they by law allowed to park on Agricultural land or along the roadside?e) People leaving the campgrounds - traffic is very quick and a lot of the people leaving who may or may not be under the influence, drive carelessly. This puts us who live on the road all at risk. Also on Monday mornings when people are leaving, there were incidences of people in vans with the side doors open and are vomiting in the road way. There was also traffic issues close to the stop sign on Vienna LineMoodworth road junction. Ð Garbage - Mr. Hamilton was very good about cleaning up the garbage quickly. There was a lot of refuse left in the ditches for well over a week. lf their company makes the mess, then someone has to pick it up. Why should our road look derelict because of the campground. This is my outline - hopefully it makes sense, I did it very quickly. Thank you for your attention to this matter. Carole Engelhardt 5l2l20tt 7:15 p.m. - Carole Engelhardt regarding "Outback Camping Application for exemption from Noise By-Law". Page 21 of 131 Page 22 of 131 Subject: Noise exemption May 3/2OLL Dear Mr. Kruger, I would like to speak to the council at the next meeting opposing the proposed noise By-law exemption, requested by Outback camping. Although the stats and the economic impact out lined by Mr. Timmermans are quite thorough I believe it to be a very bias estimate. The young adults attending these camping functions bring all necessary food, supplies and equipment and are encouraged to stay on the camping site because of consumption of alcohol. These young adults do not usually visit the restaurants and other sites they come to Outback camping because it is a great place to party. I am quite surprise at the estimated income that these young people would bring in. I have lived in this area for more than 20 years and have seen very little traffic during the day, but come the end of the week-end or the beginning and yes our road becomes a 401 with non-stop traffic and often racing car to the campground. How unfortunate that the police rarely check at the end of such week-ends for drinking and driving. Perhaps money needs to be allotted to the police to maintain safety on these roads after these parties/camping week-ends. Although Mr. Timmermans is allowing for S20 000 for security for four events, what does that all include. That is SS OOO per event. From Friday till Monday that may involve 96 hour divided by SS 000 which amounts to S52 an hour. How much security is that? What is the ratio of professional security officers to campers? When you are spending SS OOO on portable washrooms and S20 000 on security I am wondering how that works. Drinking, youth, long week-ends and a rural campground can make for a very dangerous crowd control and the amount being spent on security does not make me comfortable as I have seen the vast amount of cars parked in and around the area. How is he going to control the noise of his campers, because we have not seen or heard this control in the past, and that amount of noise is just too much for any neighborhood especially after 11 pm. To allow this noise to go on to 1 a.m is not acceptable, it would be even more difficult to control a crowd at that late time. The noise By-law we now have is respectfulto the environment and to the community and I would like to see it enforced and would not like to see any changes. Sincerely, Helene Cerna 7:25 p.m. - Helene Cerna regarding "Outback Camping Application for exemption from Noise By-Law". Page 23 of 131 Page 24 of 131 5 Ao \Subject AMO breaking news re Firefighters mandatory retirement legisation introduced TO THE IMMEDIATE ATTENTION OF THE CLERK AND COUNCIL April 19,2011 Firefighters Mandatory Retirement Legislation lntroduced The provincial government today introduced legislation to amend the Fire Protection and Prevention Act (FPPA) that, if passed, will: ¡) impose a duty of fair representation on bargaining agents for firefìghters and as such sets out that the process for enforcing the duty and enabling complaints is to be addressed through the Labour Relations Board, rather than the court system; and ¡¡) authorize collective agreements to set age 60 or over as the mandatory retirement for firefighters who are regularly assigned to fire suppression duties and they shall retire at the age specified in their collective agreement, unless their employers can accommodate them without undue hardship. After two-years from the date of Royal Assent of the Bill, collective agreements that do not contain a mandatory retirement provision or that provide for a mandatory retirement age under 60, these agreements will be deemed to contain a provision requiring retirement at the age of 60. The Bill's provisions apply despite the Human Rights Code. Note: The legislation does not affect volunteer firefighters. Some lnitial Comments from AMO: While the Bill proposes that complaints about representation will be addressed through the Labour Relations Board, rather than the court system, there are some unique elements about the process for fire fighters. For example, if the Labour Board determines that the bargaining unit has violated their duty of fair representation, the employer can be ordered to reinstate the firefighter with compensation. lt would seem that the municipality holds the liability if the Fire Association has broken the law. The proposed legislation does not define fire suppression, but hinges on the phrase, "regularly assigned to fire suppression duties". Does this include those who do fire suppression training? Does it include others? The Bill, as constructed, means that this too is negotiated locally. lt may become a patchwork of different'definitional' approaches across Ontario. Setting aside the limited evidence that there is a health and safety risk due to the unique physical and hazardous work of suppression firefighters, the Bill proposes that a municipal employer is to provide accommodation if they do not wish to retire. While the tests of undue hardship contained in the Bill are those within the Human Rights Code, it appears that only the municipality has a role in the accommodation process and that the Fire Association and the individual firefighter do not. lf passed, it is likely that this provision may provoke additional labour relation issues. Given the entry age of firefighters, and if 60 is the retirement age for fire fighters, we should expect to see fire suppression personnel not have their pensionable years by 60 and we should expect pressure to mount for the best three years rather than the current best five years of service. AMO Breaking News regarding "Firefighters Mandatory Retirement Legislation Introduced". Page 25 of 131 Status: There are a number of fire agreements currently in negotiations and more to come later in the year. Untilthe Bill is passed and receives RoyalAssent, it is not law. We will keep members updated on the status of the legislation as it progresses. At this time, we are not certain of the other parties' support for this Bill in contrast to the original motion (see below) that did receive all party support of members sítting on the day of the vote on the motion. There was a brief consultation period conducted by the government on this matter with stakeholders. AMO believes the Bill should be given the opportunity for public comment and that a committee hearing is held after second reading. Background: As reported to you in the March 21,2011 AMO Breaking News, there was all party support (36-0) received for a private membe/s motion regarding firefighter mandatory retirement legislation in the Ontario Legistature on March 10,2011. Mike Brown, Liberal MPP for Algoma Manitoulin, proposed the following motion: That, in the opinion of this House, the Legislatíve Assembly of Ontario, in recognition of the role Ontario's firefighters plan every day in keeping our communitíes safe, and in recognition of the evidence of health and safety rsks fo firefíghters over the age of 60, and in keepíng with the recent Human Rþhfs Tribunaldecr'sions, call on the Government to introduce legislation allowing for the mandatory retirement of firefighters who are involved in fire suppression activities in the province of Ontario. Additional commentary on the proposed legislation can be found at: AMO Contact: Monika Turner, Director of Policy, at email: mturner(Oamo.on.ca or 416- 971-9856 ext. 318 PLEASE NOTE AMO Breaking News will be broadcast to the member municipality's council, administrator and clerk. Recipients of the AMO broadcasts are free to redistribute the AMO broadcasts to other municipal staff as required. We have decided to not add other staff to these broadcast lists in order to ensure accuracy and efficiency in the management of our various broadcast lists. DISCLAIMER These are final versions of AMO documents. AMO assumes no responsibility for any discrepancies that may have been transmitted with the electronic version. The printed versions of the documents stand as the official record. AMO Breaking News regarding "Firefighters Mandatory Retirement Legislation Introduced". Page 26 of 131 ut Co Ol ul!- (U(u(, o_o -cUI -\Zl-o = 5 AMO/LAS presents a brand new Energy workshop geared towards g!!-municipal staff Aol and elected officials interested in energy planning. You know there are opportunities to save money, and you know that the faster you act on them, the faster you start saving. Knowing what to do and where to find help is the hard part. Energy costs can be expected to rise in the future due to market deregulation, global demand, and the Province's planned investments of over SAZ g¡liion in energy infrastructure. Municipalities currently spend over 5955 million per year on energy- and we expect annual increases of at least 3.5o/o 1o¡ each of the next 20 Years (according to Ontario's Building Our Clean Energy Future plan). LAS' hands-on workshops recognize the reality that municipalities are all at different stages of development regarding energy conservation planning and energy management. This full-day workshop will provide the necessary tools for your municipality to start to develop an operational and practical energy plan-positioning you in front of regulatory requirements expected to be released in Spring 2011. All participants will receive a detailed workshop package and access to an online toolkit with loads of information about best practices, new technologies, available funding programs... and much more. Energv Management Planning Workshop Content: Explores the principles, concepts, and future requirements for municipal Energy Management Planning including: o A review of the plan/report required from the perspective of the Green Energy Act o Detailed treatment of key areas including: a. Energy policy b. Projects and lnitiatives c. Use of Benchmark and Audit++ lnformation d. Distributing the human resource burden o ldentify and capitalize on immediate savings opportunities o Develop cost-saving energy management solutions ¡ An overview of the LAS Energy Planning Tool (EPT) o The numbers behind the GEA plan/report ¡ Sources of energy data within the small municipality o Simple procedures for energy tracking and reporting. o Provision of and practice with a simple set of spreadsheets for tabulating, analyzing and summarizing the energy consumption primarily from billing (invoice) data. These workshops are an ideal opportunity to: ¡ Network - exchange ideas and challenges with municipalities facing similar issues ¡ Learn about new products and opportunities o Save money - reduce energy waste and improve efficiency o Revitalize your interest in energy efficiency . Learn about new NRCan software and energy planning documents o Gain knowledge to support municipal economic/environmental objectives This workshop is facilitated by Stephen Dixon and Garth White and is generously supported by Natural Resources Canada l+I '*6ffi*6 xy¿*"* C¿rn Session Dates & Locations: June 2nd, 2011 - Brockville Quality Hotel Conference Centre & Spa 100 Stewart Boulevard June 3'd, 2o1-l- - Brantford Best Western Plus Brant Park lnn 19 Holiday Drive June 9th, 2011 - Thunder Bay Valhalla lnn l Valhalla lnn Road June loth, 2011 - Sudbury Fairfield lnn & Suites 490 Barrydowne Road June 14th,2011 - owen Sound Best Western lnn On The Bay 1800 2nd Avenue East June 15th, 2}tl- - Downtown Toronto Hilton Garden lnn 92 Peter Street Correspondence from Local Authority Services Ltd regarding "LAS Energy Workshop Sessions". Page 27 of 131 E v1 OtJ CJ V', =o.C = EUo Oll-oc LLI UIco'(/t (no (¡ Lfl o_o - -Lrl -Yl-o = REGISTRATION FORM Please type of print clearly. Use one form per registrant. Payment MUST accompany registration. Please fax registration form to (415) 97I-6L9t Full name: Title: MunicipalitV/Org: Address: City: Province: Phone: Postal Code: Fax: E-mail: Please check the session you wish to attend below: PAYMENT: Registration forms CANNOT be processed unless accompanied by proper payment. Total amount to be remitted: S Payment Method: ECheque Payable to: Local Authority Services - 200 University Ave, Suite 801, Toronto, ON., M5H 3C6 Credit Card: EMastercard E visa Card # Name on Card Expiry Date Signature x DATE LOCATION cosT June 2nd,2o!!Brockville Quality Hotel Conference Centre & Spa - 100 Stewart Blvd. s3S0.00 plus HsT (Ssss.so¡ June 3'd, 2011 Brantford Best Western Plus Brant Park lnn - 19 Holidav Drive June 9th, 2011 Thunder Bay Valhalla lnn - l Valhalla lnn Road June 10th, 2oL1 Sudbury Fairfield lnn & Suites - 490 Barrydowne Road June 14th, 2011 Owen Sound Best Western lnn On The Bav - 1800 2nd Avenue East June 15th, 2011 Downtown Toronto Hilton Garden lnn - 92 Peter Street Refund Policy: Cancellations must be made in writing and received by LAS 14 days prior to the date of the selected Correspondence from Local Authority Services Ltd regarding "LAS Energy Workshop Sessions". Page 28 of 131 _s Ministry of Revenue Ministère du Revenu Harmonized Sales Tax Group Harmonisée de Communications Group commun¡cations de tax devente Frost Building South Edifice Frost sud 7 Queen's Park Cres. 1"tFl. 7 Queen's Park cres. 1"t' FI. Toronto, ON M7A 1Y7 Toronto ON M7A 1Y7 Tel.: (416) 314-0567 Té1. (416) 314{567 A tL Date March 24,2011 MEMORANDUM TO: All Get Your Money card distribution rec¡p¡ents FROM: Jorge Quijano Communications Coordinator SUBJECT: Ministry of Revenue, "Get Your Money" Cards The Ontario Ministry of Revenue has begun a campaign highlighting the benefits of filing your 2010 tax return. ln conjunction with this campaign there are two Get Your Money - Fill Out Your Tax Form" cards outlining the incentives ava¡lable to low-to-middle-income individuals and families, seniors as well as students. The Ontario Ministry of Revenue is sending you a supply of the bilingual cards that specifically apply to your organization. These cards are being sent to charitable agencies and organizations across Ontario, to help low- to-middle income individuals and famílies, seniors as well as students become aware of the many tax credits and benefits available to them. lf your organization seryes more than one group outlined above you may receive both versions of the card. The lowto-middle income card also contains important information for students. You can order and view copies of these cards online through ServiceOntario Publications at www.serviceontario.calpublications or call our ServiceOntario PublicationS Contact Centre at: 41 6-326-5300 1-800-668-9938 1-800-268-7095 TTY These cards are also available on the Ontario Ministry of Revenue Tax Change website (in 22 la n g ua ges ) at www. o nta rio. caltaxch a nqe. Thank you. Correspondence dated March 24, 2011 from Ministry of Revenue regarding "Ministry of Revenue, Get Your Money Cards". Page 29 of 131 Page 30 of 131 5' Long Point Region Conservation Authority 4 Elm St., Tillsonburg, Ontario N4G 0C4 519-842-4242 or 1-888-231-5408 . Fax 519-842-7123 Email: conservation@lprca.on.ca . www.lprca.on.ca April27, 2011 Municipality of Bayham 9344 Plank Rd, PO Box 160 Straffordville ON NOJ 1Y0 Aüention: Kvle Kruqer. Administrator oeartar.26e,, l/,,1 Please find enclosed the financial statements for the period ending December 31 , 2010. Also enclosed are copies of the annual report for distribution to the Mayor and councillors. Encl. ./_o rpCl E g A Member of Conservation Ontario Correspondence dated April 27, 2011 from Long Point Region Conservation Authority regarding "Financial Statements for the Page 31 of 131 LONG POINT REGION CONSERVATION AUTHORITY Statement of Financial Position December 31,2010, with comparative figures for 2009 2010 2009 Financial Assets Cash (note 3) lnvestments (note 4) Accounts receivable Accrued receivable Other receivables 685,524 809,015 67,738 35,185 59,822 $ 86,678 1,059,040 77,627 31,888 21,033 Financial Liabilities Accounts payable and accrued liabilities 1,657,284 1,275,266 287,004 55,273 Deferred revenue (note 6) 298,851 192,067 585,855 247,340 Net financial assets Non-Financ¡al Assets ïangible capitalassets (note 5) 1,071,429 1,027,926 5,937,700 5,792,403 Net assets $ 7,009,129 $ 6,820,329 Accumulated Surplus Accumulated surplus - internally restricted (note 7) Accumulated surplus - externally restricted (note 8) Accumulated surplus - tangible capitalassets $ 901,728 169,70'l 5,937,700 $ 860,116 167,810 5,792,403 Total accu mulated surplus $ 7,009,129 $ 6,820,329 See accompanying notes to financial statements. behalf of Board: Correspondence dated April 27, 2011 from Long Point Region Conservation Authority regarding "Financial Statements for the Page 32 of 131 LONG POINT REGION CONSERVATION AUTHORITY Statement of Operations Year ended December 31,2010, with comparative figures for 2009 Revenue: Municipal levies: General Special Government grants: Provincial transfer Corporate/fixed services CommuniÇ relations Watershed management services Conservation land management - forestry Backus Heritage conservation area Conservation land management - conservation Parks Donations Other 907,922 135,358 68,240 72,600 14,741 246,124 443,000 319,512 744,853 247,090 907,922 135,358 68,240 96,485 8,256 330,800 478,497 313,625 728,553 150,400 317,296 844,137 184,000 68,240 199,332 13,810 199,923 712,204 329,972 737,575 387,892 Total revenue Expenditures: Corpo rate/fixed services Community relations Watershed management services Conservation land management - forestry Backus Heritage conservation area Conservation land management - conservation Parks Other 3,199,440 787,597 118,419 578,589 358,933 418,124 521,230 377,821 3,535,432 826,131 108,762 608,200 369,313 431,376 3,677,085 649,087 1 08,1 07 440,434 406,533 447,358 5r6,936 485,914 504,627 575,722 expenditures 3,160,3,346,632 3,1 xcess of revenue over expenditures See accompanying notes to financial statements. Correspondence dated April 27, 2011 from Long Point Region Conservation Authority regarding "Financial Statements for the Page 33 of 131 LONG POINT REGION CONSERVATION AUTHORITY Statement of Changes in Net Financial Assets Year ended December 31, 2010, with comparative figures for 2009 2010 Excess of revenue over expenditures Acquisition of tangible capital assets Amortization of tangible capital assets $ 188,800 (250,556) 105,259 $ 545,217 (686,313) 96,631 Change in net financíal assets Net financial assets, beginning of year 43,503 1,027p26 (44,465',) 1,072,391 Net flnancial assets, end of year $ 1,071,429 $ 1,027,926 See accompanying notes to financial statements. Correspondence dated April 27, 2011 from Long Point Region Conservation Authority regarding "Financial Statements for the Page 34 of 131 LONG POINT REGION CONSERVATION AUTHORITY Statement of Cash Flows Year ended December 31,2010, with comparative figures for 2009 2010 2009 Cash provided by (used in): Operating activities: Excess of revenue over expenditures Items not involving cash: Amortization of tangible capital assets Contributed tangible capital assets Changes in non-cash operating working capital: Accounts receivable Accounts payable and accrued liabilities Deferred revenue Accrued receivable Other receivables 188,800 $ 105,259 (150,400) 9,889 231,731 106,784 (3,2e7) (38,789) 545,217 96,631 6,228 (110,207) (115,332) 40,643 353 lnvesting activities: Acquisition of tangible capital assets Purchase of investments Proceeds on maturities of investments 449,977 (1 00,1 56) (550,e75) 800,000 463,533 (686,313) (e00,000) 1,000,000 148,869 (586,313) lncrease (decrease) in cash Cash, beginning of year 598,846 86,678 (122,780) 209,458 $ 685,524 $ 86,678Cash, end ofyear See accompanying notes to financial statements. 4 Correspondence dated April 27, 2011 from Long Point Region Conservation Authority regarding "Financial Statements for the Page 35 of 131 Page 36 of 131 5 Municþality of Bayham Joint Cemeterv Board Meetine Minutes Bayham Municþal OffÌce Council Chambers Lo¿ 9344 Plank Road, Straffordville Tuesday, April l9,20ll at 7:00 p.m. Present were: Ralph Carter, Marlene Carter, Jim Tait, Herwin Ouellette, Ray Maddox, Redvers Conod, Mark Elliott, George Beard Jr., Thomas Godby Robert Gregson, Vera Dickhout, Joseph Dickhout, LizBall, Jim Tupper, Brad Swance, Emery Silverthorn, Council Representative Wayne Casier and Lynda Millard, Secretary. There was no representation from Calton cemetery. 1. Call to Order & Appointment of Chairman The Secretary called the meeting to order. Robert Gregson volunteered to chair the meeting. Councillor Casier was introduced and welcomed to the Board. 2. Minutes of meeting held Tuesda¡ November 23r 2010 and business from minutes The minutes were read by the Secretary. It was noted that Council referred the request to set aside $10,000 for upgrades to the inactive cemeteries to budget discussions. The Secretary advised that the contract for grass cutting with Grounds Effects Landscape is for 2010 and 2011, so renewal is not required. It was confirmed that the 'þermanent" paint used on monuments does fade in time. It was also noted that the Carc & Maintenance2010 interest payments have been delayed and will be issued shortly. Moved byRayMaddox. Seconded by Herwin Ouellette "That the minutes of the Joint Cemetery Board meeting held November 2312010 be approved as read." Canied 3. Correspondence & Reports (a) Board members who had not completed and handed in the volunteer forms were asked to do so. 4. fnactive cemetery update from Ray Maddox Ray noted that the sub-committee had not met to assess the inactive sites over the winter due to harsh weather conditions. He reported that there is a steep embankment with no Joint Cemetery Board Draft Minutes of meeting held April 19, 2011. Page 37 of 131 Bayham Joint Cemetery Board Minutes - 2 -April 19,2011 fence at the rear of the Ridge Road cemetery. He commented that he had advised all mernbers of Council what the subcommittee proposes to do. Current members of the subcommittee are from Ward 3, additional representatives from V/ard I and2 are being sought. Councillor Casier encouraged the committee to bring pictures and a list of proposed work for consideration at a budget meeting. Mr. Maddox requested members to stay and meet following the Joint Board meeting. 5. Other Business Jim Tait asked about the placement of corner markers and who lvas responsible for the cost. The response provided by the Secretary was inaccurate and should be as follows: Section E Operations item IV Corner Post states 1. The boundaries of any new lot or plot sold shall be marked with corner posts on approval by the Board. All corner posts are to be placed by the Board at the expense of the owner of the lot or plot wherein the same are placed. 2. All corner posts shall be placed level with the ground. In response to questions regarding mandatory size of foundations it was noted that directions for placement of ma¡kers is found under Section H: Markers in the Cemetery Regulations manual as approved under By-law 2000-27, as amended. Emery Silverthorn noted that dead pine trees from abuttingproperty are leaning over fences that may fall and cause damage to markers at the Guysboro cemetery. It was questioned whether the property owner could be held responsible for any damage. The Public Works Manager Gerry LeMay is to be requested to contact Emery to see what can be done. Bob Gregson added that old maples at the Smuck cemetery are also in danger of falling on markers. Redvers Conod commented thatZap's did a good job of removing trees at the Dobbie Cemetery. It was suggested that members assess their sites to see if a combined effort for professional removal is in order. A joint effort might be more cost effective. Joint Cemetery Board Draft Minutes of meeting held April 19, 2011. Page 38 of 131 Bayham Joint Cemetery Board Minutes - 3 -April 19, 2011 6. Members Questions / Concerns / Comments It was noted that James Elliott, has submitted his resignation as Secretary-Treasurer of the Dobbie Cemetery Board. No one from the Board is interested in taking the responsibility on. Moved by Jim Tupper Seconded by Mark Elliott "That the Joint Cemetery Board recommend that the bank account for the Dobbie Cemetery Board at the Tillsonburg Royal Bank be closed; And That the funds be transferred to the Municipality of Bayham and the Municþality be responsible for the administration of the remaining funds." Carried 7. Next Meeting & Adjournment Moved by Redvers Conod Seconded by Jim Tait "That the meeting be adjourned at 8:10 p.m. to meet again on Tuesday, November 22r20ll at 7:00 p.m." Carried Chairman Secretary Date Approved: Joint Cemetery Board Draft Minutes of meeting held April 19, 2011. Page 39 of 131 Page 40 of 131 5 ElgrnCounty l: /¿ 2011 Community Festival & Event Partnership Program The County of Elgin and City of St. Thomas encourage goups to build community and celebrate the area's unique culture by holding special festivals and events in the County and City. In support of this goal, County Council are pleased to announce that contributions are available again this year for community groups which take it upon themselves to enhance the quality of life of Elgin and St. Thomas citizens by organzing festivals and events within the community. The Community Festival and Event Partnership Program (CFEPP) consist of three separate contributions of $2,000 per qualifuing festival or event. In order to be eligible to receive the CFEPP contribution the sponsoring Elgin County or St. Thomas based organrzation, must be a registered charity, non-profit organrzation or coÍìmunily oryaruzation holding a community festival or event in Elgin County or St. Thomas. Please review the eligibility and evaluation criteria as well as the terms and conditions to determine if your group qualifies. Applications may be submitted by fax (519) 63I-4549, e-mail, and in-person or by mail to: County of Elgin, Attn: Economic Development, 450 Sunset Drive, St. Thomas, Ontario, N5R 5Vl. Application Deadline: Friday, illfay l3,20lt If you have questions or require more information, call (519) 631-1460 ext.164, or e-mail lmorritt@elgin- county.on.ca .You may also visit us online at www.elgintourist.com Thank you for your interest and good luck with your application. Sincerely, Alan Smith General Manger Economic Development Progressive by Nature Correspondence received from County of Elgin regarding "2011 Community Festival & Event Partnership Program". Page 41 of 131 ElgrnCounty Appendix "A" 2011 Communitv Festival & Event PaÉnershio Program Guidelines ooo' o" Overuiew The County of Elgin and City of St. Thomas encourages groups to build community and celebrate the areas unique culture by holding special festivals and events in the County and City. In suppott of this goal, we are please to announce that contributions are available again in 2011 for community groups which take it upon themselves to enhance the quality of life of Elgin and St. Thomas citizens by organizing festivals and events within the communiÇ. The Community Festival and Event Partnership Program (CFEPP) consist of three separate contributions of $2,000 per qualifuing festival or event. Please review the following eligibility and evaluation criteria and terms and conditions to determine if your group qualifies. If you have questions, call the Economic Development Depaftment at (519) 631-1460 ext. 164, send an e-mail to lmorritt@elgin-county.on.ca or visit the web at vwvw.elqintourist.com Groups applying for the program also need to fill out and submit a CFEPP Application Form before the submission deadline of May t3,2017. You may obtain the CFEPP Application Form at www.elqintourist.com or pick one up at the County of Elgin, Administration Building, Economic Development Office, The total amount of the Community Festival and Event Partnership Program contribution for festivals or events held between June 1, 2011 and December 3L, 20tt is $6,000, However, the County may not grant all of the funds, depending on the quality and number of applicants. Important notet funding for this Program may be reduced and/or eliminated due to budgetary considerations, Criteria for CommuniW Festival & Event If you are interested in applying for a contribution towards helping to cover some of the costs for your community festival or event please review the following eligibility requirements listed below: . Qualifying groups based in Elgin County and St. Thomas who organize festivals and events in the following areas *""i''fufif:i*"tions' . MulticulturalEvents,. New Community Festivals. . Your group must submit an accurate and complete Community Festival & Event Paftnership Program application by the deadline of May 13, 2011. . Applications must meet the goals of the Tourism and Marketing Plan including: 1. Increase the amount of people that visit. 2. Increase the length of stay of visitors, 3, Increase the amount of money that visitors spend. Progressive by Nature Correspondence received from County of Elgin regarding "2011 Community Festival & Event Partnership Program". Page 42 of 131 ElgrnCounty Eligibility Criteria for Community Festival & Event - continued All applications are for one-time funding, projects must be completed between June 1, 2011 and December 3t,20tt. Admission to your event must be free or low cost admission to pafticipants. The event must be held within County and/or City limits. CFEPP contributions will not be awarded to individuals. Applicants must submit an event budget and show financial need. Applicants must identify whether or not the event will be a fundraiser. (The application review team will decide on a case-by-case basis whether or not they will allow contributions to be given to festivals or events that are fundraisers.) The sponsoring organization must be a registered charity, non-profit organization or community organization. Applicants must attach a copy of non-profit documentation if the organization has such documentation, CFEPP contributions must be used only for the event or festival. Applications must submit a one-page report (plus photos) confirming that the project is complete after the festival or event. Applicants must obtain required permits, clearances, insurance, and event/festival authorization and pay any relevant fees in a timely manner, All Applicants must fill out a Community Festival & Event Paftnership Program Application Form. Organizations receiving CFEPP contributions must acknowledge the support of the County of Elgin and CiÇ of St. Thomas where appropriate including print and website marketing. Organizations that are collaborating with the County or City in co-sponsoring an event are eligible to apply for a contribution. However, contributions can only be used to defray expenses incurred by the co-sponsoring organization(s) rather than the County or City. Applicants cannot be currently receiving any additional funding from the County of Elgin or City of St. Thomas (with the exception of Tourism Directional Signage grants) to qualifli for CFEPP contributions. Pro(,ressive by Nature Correspondence received from County of Elgin regarding "2011 Community Festival & Event Partnership Program". Page 43 of 131 ElgrnCounty Evaluation Criteria Applications will be evaluated for funding based on the following criteria: . The festival or event encourages celebrations of community which focus on the character, diversity and quality of the County of Elgin and City of St. Thomas and provide vitality and identiÇ to the community. . The festival or event meets the goals of the Tourism and Marketing Plan. . The festival or event produces economic impact to Elgin-St.Thomas. . The festival or event is of a CounÇ/City wide nature and demonstrates an ability to draw a crowd of at least 500. . Priority will be given to Elgin CounÇ and St, Thomas Tourism Members. . The sponsoring organization must demonstrate the abiliÇ to produce a well-planned, safe event. . The sponsoring organization demonstrates strong financial management and effective management controls, i ncl udi ng cost-effectiveness. . The review team will consider the financial and budgetary capabilities of the sponsoring organization, The Community Festival and Event Partnership Program contribution will represent no more than 500/o of the total budgeÇ including the value of in-kind goods and seruices. . Higher priority will be given to encouraging new festivals and events, as well as supporting existing events that have been highly successful in the pasÇ subject to other criteria. Terms and Conditions If the applicant is successful in receiving a contribution, the following terms and conditions apply. The authorized signatures below indicate that the applicant agrees to abide by these terms and conditions. 1. Once a contribution is approved, the amount of the contribution will not increase. 2. Because funding is limited, applications will be evaluated based on the eligibility and evaluation criteria. 3. Festivals and events carried out on municipal or city property will be carried out in paftnership with the department involved. All such applications must be reviewed by the municipal/city contact prior to submission and a letter of support from the relevant department is required. Pro(ressive by Nature Correspondence received from County of Elgin regarding "2011 Community Festival & Event Partnership Program". Page 44 of 131 ElgrnCounty Terms and Conditions - continued 4. Applicants will be considered only if they are submitted before the project begins and any eligible costs associated with the project are incurred. Projects will not be funded retroactively. 5. Organizations that receive contributions through the CFEPP must acknowledge the suppott of the County of Elgin and City of St. Thomas in all advertising, publicity, signage etc. related to the festival or event. Branding, signage, and logo usage pertaining to the County of Elgin and City of St. Thomas must be approved by the Economic Development Office prior to use or inciusion in any marketing/communications material. 6. CFEPP contributions must be expended between June 1, 2011 and December 31,20tL. Extensions must be requested in writing in advance. 7. CFEPP contribution approval in a given year does not set a precedent or guarantee approval for future years. All applicants are subject to a fresh review vis-à-vis competing applications each year. 8. CFEPP recipients (and their sponsors, if applicable) are entirely responsible for planning, promoting, and staffing their festival or event. The CounÇ or City will not be involved in planning, promoting, or staffing the festival or event. 9, Recipients agree to indemnify and hold harmless the County of Elgin or the City of St. Thomas from any an all claims arising out of the providing/withdrawal of funds, construction of projects or any other use of contributions provided as a result of the CFEPP process. 10. All applicants consent to the public release and County or City use of information contained in their applications and reports submitted to the CFEPP and agree that the content of the application may form a public record that can be accessed by the public. 11. If information in the application proves to be inaccurate or if the project is not being completed in accordance with the application information, or if the applicant does not follow the CFEPP terms and conditions, the County of Elgin and City of St. Thomas reserues the right, at its sole discretion, to withhold payment and not issue any fufther funds. Progressive by Nature Correspondence received from County of Elgin regarding "2011 Community Festival & Event Partnership Program". Page 45 of 131 ElgrnCounty Terms and Conditions - continued 12. The County of Elgin shall have the right to review the applicant's books and records regarding the CommuniÇ Festival & Event Paftnership Program project. 13. By accepting the Community Festival and Event Partnership Program contribution, the applicant consents to the release to the County of Elgin of fìnancial/project information by any other organization providing funding or financial support to the applicant regarding the same project, Authorized Signature(s) (two needed if not incorporated): Name Name Signature Siqnature Applicants should mail, fax, e-mail or deliver a signed copy of the Application Form, Terms and Conditions and supporting materials to the Economic Development Offrce att Community Festival & Event Partnership Program Economic Development Depaftment County of Elgin 450 Sunset Drive St. Thomas, Ontario N5R 5V1 Fax: 519-63t-4549 E-mail : lmorritt@elgin-county,on,ca Deadline: Friday, May 13, 2011 at 4:00 p.m. Pro{ressive by Nature Correspondence received from County of Elgin regarding "2011 Community Festival & Event Partnership Program". Page 46 of 131 5 !þ-tb IY D2 I jlil ir April 8, 20l l Dear Sir/Nladam: I am pleased to announce the launch of Canada's Citizenship Award 2011. This award recognizes Canadians who dedicate themselves tirelessly to active citizenship in their communities. A successful nominee is a Canadian who demonstrates exemplary citizenship by assisting newcomers to successfully integrate into the Canadian family, or a Canadian who promotes active citizenship by putting into practice the rights and responsibilities of Canadian citizenship. Recipients of Canada's Citizenship Award will be announced during Citizenship Week which takes place from October l7-23,2011. I encourage you to help make this award special and significant by promoting it within your network and with your stakeholders and partners. Enclosed are promotional posters and brochures including the nomination form. Information and nomination forms can be downloaded on-line at www.cic.gc.ca,/citizenshipaward. Additional hard copies of the brochure and promotional posters can be ordered through CIC's distribution services at servicesdedistribution@cic.gc.ca. The deadline to submit nominations for this year's award is May 13,20II. Yours sincerely, ßu/¿-rþ"/'^ Raylene Baker Registrar of Canadian Citizenship Attachment: Promotional package for Canada's Citizenship Award I * I fl'fiiJ:ii.i:.*" flli'';åìi"'i 8ln"o"Canadä Correspondence dated April 8, 2011 from Citizenship and Immigration Canada regarding "Canada's Citizenship Award Page 47 of 131 Page 48 of 131 5 Cfo TOWN OF INGERSOLL f 30 Oxford Street, lngersoll, Onlario N5C 2V5 Phone: (519) 485{120 Fax: (s19) 485-3543 www.ingersoll,ca April 19,2011 To All Ontario Municipalities Aüention: Mayor and Council In response to comespondence received at the Town of Ingersoll on March 1 8, 20 I 1 from Mr. John Ènnis, Govemment Relation Specialist for CAA South Central Ontario, Council for the Town of Ingersoll took action and did pass the following resolution: Moved by Councillor Mcleod; seconded by CouncillorMott C11-04-087 THAT the Council of the Town of Ingersoll advise the CAA that Ingersoll does support the call for the Government of Ontario to consider dedìcating a portion of the nevv revenue collected from the provincial portion of H.S.T. charged on gasoline and diesel sales to a new predictable frurding mechanism directed to Ontario's munícipalities for. transportation infrastructure investment, and frrther endorses the following resolution: WIIERDAS the introduction of the Harmonized Sales Tax (H.S.T) on July 1,2010, and its application to gasoline and diesel sales will result in new revenue for the Government of Ontario; and WIIEREAS based on 2010 average price levels of gasoline and diesel, and 2009 average consumption levels in Ontario, the Government of Ontario's projected new revenue will be approximate $1.53 billion; and WIIEREAS the Provincial-Municipal Fiscal and Service transportation infrastructure inveshnent gap between the Ontario' s municipalities of approximateþ $3.8 billion; and WHEREAS a lack of sufficient funding for essential construction, maintenance and rehabilitation has created Ontario's municipalities do not have the financial transportation infrashucture and conduct the maintenance sustain existing transportation infrastructure; and Delivery Review identified a Government of Ontario and transportation inftastructure a situation where many of capacity to construct new and rehabilitation needed to Correspondence dated April 19, 2011 from Town of Ingersoll regarding "HST charged on gasoline and diesel sales". Page 49 of 131 TOWN OF INGERSOLL 130 Oxford Street, lngersoll, Onlario NsC 2V5 Phone: (519) 485-A12A Fax: (519) 485-3543 www.ingersoll.ca TIIEREFORE BE IT RESOLVDD TIIAT the Council of the Town of Ingersoll requests that the Government of Ontario consider directing a portion of the revenue deiived from HST charged on gasoline and diesel sales to a new predictable funding mechanism that will allow Ontario's municipalities to make the critical investments needed to be effective stewards of transportation infrastructure; and ¡'URTI{ER THAT a copy of this resolution be forwarded to Premier Dalton McGuinty, Hon. Dwight Duncan, Minister of Finance, Hon. Kathleen Wynne, Minister of Transportation, Hon. Bob Chiarelli, Minister of Infrastructure, the Ontario Good Roads Association and to CAA South Central Ontario, and FURTHER TIIAT this resolution be circulated to all municþalities in Ontario reqì.resting their support. CARRIEI) The Council for the Town of Ingersoll is requesting that the Government of Ontarìo consider directing a portion of the revenue derived from HST charged on gasoline and diesel sales to a new pr"ãi.tuble funding mechanism that wilt allow Ontario's municipalities to make the critical investments needed to be effective stewards of tlansportation infrastructure. 'We are asking for your support by passing a similar resolution. Sincerely, tr" lÁJ,aG / Ann Wright Deputy Clerlc{Executive Assista¡rt c Dalton MeGuinty, Premier Hon. DwightDuncan, Minister of Finance Hon. Kathleen Wynne, Minister of Transportation Hon. Bob Chiarelli, Minister of Infrastructure Ontario Good Roads Association CAA South Central Ontario Attachment (1) Correspondence dated April 19, 2011 from Town of Ingersoll regarding "HST charged on gasoline and diesel sales". Page 50 of 131 Auto lnsurance Travel Lífe-side AssÍsfance March 15,2011 Head and Members of Council Town of lngersoll 130 Oxford Street lngersoll, ON N5C 2V5 To the Head and Members of Council: trAn t s Z¡n Subject: CAA South Gentral Ontario and OGRA proposal to have H.S.T. gas tax revenue dedicated to transportation infrastructure and maintenance The need for greater investment and funding support from the Government of Ontario for OntarÍo's municipalities was clearly highlighted ín the Report of the "Provincial-Municipal Fiscal and Service Delivery Review - Facing the Future Together". This report highlighted how Ontario's municipalities continue to struggle to keep up with transpoÍation infrastructure demands needed to support their local economies and to ensure the highest possible standard of living and safety for their residents. With a transportation infrastructure investment gap (roads, bridges and transit) between the Government of Ontario and Ontario's municipalities of approximately $g.g billion, it is clear that greater funding support is needed for Ontario's municipalities to build the transportation infrastructure needed to support local economies and to sustain the quality of life that Ontarians have come to expect. CAA South Central Ontario and the Ontario Good Roads Association are asking municipalities throughout Ontario to support our callfor the Government of Ontario to consider dedicating a portion of the new revenue collected from the provincial portion of H.S.T. charged on gasoline and diesel sales to a new predictable funding mechanism directed to Ontario's municipalities for transportation infrastructure investment. Application of the H.S.T, on gas and diesel sales came into effect on July 1,2010, effectively applying the former Provincial Sales Tax of I percent to gasoline and diesel sales. CAA SCO estimates that the Government of Ontario will collect approximately $1.53 bilfion annually in new revenue through the application of the H.S.T. on gasoline and dieselsales, Since the implementation of the H.S.T., over 6000 CAA members and non- members have shown their suppoÍ of this initiative by signing CAA's petition and e-petition (at https://www.caasco.com/communitviworst-roads/) calling for a CAA South Central Ontario, ô0 Commerce Valley Dr. E., Thornhlll, Ontario L3T 7P9 T. 905-771 -3457 F. 905-77 1 -3292.1e¡!@jAAS99.çê wv/w.caasc,o.com Ontario Good Roads Associalion, 6355 Kennedy Road, Unit 2 Mississauga, ON LsT 215 T. 905-795-2 555. E xt. 24 F. 905-795-2660 Scottlôoora Brq ui{,r¡¡/.0crä.q.fa ", 1 Correspondence dated April 19, 2011 from Town of Ingersoll regarding "HST charged on gasoline and diesel sales". Page 51 of 131 portion of the new revenue collected from H.S.T. on the sale of gasoline and diesel to be dedicated to transportation infrastructure and maintenance. Attaining the support of municipal councils from across the province is the next step ín this initiative. Attached you will find draft resolution text to assist your Council. Should you have any questions or require furthei clarification, please do not hesitate to contact us directly. Kind Regards, John Ennis Government Relations Specialist CAA South Central Ontario Ætachments (1) eAA South eenlral Onlario. 60 Commerce Valley Dr. E., Thornhill, Ontario L3T 7P9 T . 9t5 -77 1-3457 F. 905-771 -3292 ieflnr@câ¿ sco.câ wlw.cãas cqÆm Ontario Good Roads Association, 6355 Kennedy Road, Unit 2 Missîssauga, ON LsT 2L5 T. 905-795-2555 . Exl. 24 F. 905-795-2660 Scottôoora.oro u t444!gla.gg Scott R. Butler Manager, Policy and Research Ontario Good Roads Association Correspondence dated April 19, 2011 from Town of Ingersoll regarding "HST charged on gasoline and diesel sales". Page 52 of 131 a CORPORATION OF THE MUNICIPALITY OF BAYHAM STAFF REPORT TO: Mayor and Members of Council FROM: Administrator SUBJECT: MacNeil Subdivision Port Burwell Pre-Servicing Agreement Amendment DATE: May l, 2011 FILE: DI2.0&ELIZ NUMBER: D2011-18 Purpose To consider an amendment to a Pre-servicing Agreement for the MacNeil Subdivision Port Burwell. Background Jo-Lynn Pt. Burwell Inc., the owner of the MacNeil Subdivision on Elizabeth Street in Port Burwell, entered into a pre-servicing agreement with the municipality. A Pre-Servicing Agreement is intended to permit the construction and installation of certain services in advance of the execution of a subdivision agreement and registration of a plan of subdivision. The agreement permits the construction of the services subject to the restrictions included on the proposed agreement. Jo-Lynn has proceeded with installation of services in Phase I and certain services in Phase 2, and is proceeding with registration of Phase 1 of the subdivision. Staff Comments Ståffand Jo-Lynn have discussed appropriate security regarding the remaining Phase 2 of the subdivision. Security for Phase 1 is established in the subdivision agreement. As a result of discussions, security as outlined in a draft amending agreement attached to this report has been deemed satisfactory regarding Phase 2. Ättachments 1. Draft By-law 207I-039, to authorize the execution of an amendment to a Pre-Servicing Agreement with Jo-Lynn Pt. Burwell Inc. Strategic Plan Goal(s) Goal# 2 Ensure reliable, well-maintained and secure infrastructure. Goal # 6 Provide and encourage attractive lifestyle choices. RECOMMENDATION THAT Staff Report D2011-18 regarding a pre-servicing agreement with Jo-Lynn Pt. Burwell Inc. be received; AND THAT draft By-law 20Il-039 be presented to Council for enactment. Staff Report D2011-18 regarding "MacNeil Subdivision Port Burwell Pre-Servicing Agreement Amendment". Page 53 of 131 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO.2011-039 A BY.LA\il TO AUTHORIZE THE EXECUTION OF AN AMENDMENT TO A PRE.SERVICING AGREEMENT WITH JO.LYNN PT. BURWELL INC. }VITH RESPECT TO THE PROPOSED MACNEIL SUBDIVISION IN THE VILLAGE OF PORT BURWELL WIIEREAS: 1. Jo-Lynn Pt. Burwell Inc. applied to the Municipality of Bayham to permit the construction of certain services in advance of the execution of a subdivision agreement and registration of a plan of subdivision. 2. The Municipality of Bayham and Jo-Lynn Pt. Burwell Inc. entered into a Pre- Servicing Agreement authorized by By-LawNo. 2010-061. 3. Jo-Lynn Pt. Burwell Inc. has completed installation of certain services and has applied for registration of Phase 1 of MacNeil Subdivision. 4. The Council of the Municipality of Bayham deems it necessary and expedient to enter into an amending agreement with Jo-Lynn Pt. Burwell Inc. respecting the pre- servicing agreement for the MacNeil Subdivision. NOW THEREFORE, THE COUNCTL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. That the Mayor and Clerk be and they are hereby authorized and directed to execute an agreement in the form affixed hereto Schedule "A", being an agreement to amend an agreement with Jo-Lynn Pt. Burwell Inc., with respect to the pre-servicing of the proposed MacNeil Subdivision. Read a FIRST and SECOND time this 5th day of May 2011. Read a THIRD and final time this sth day of May 2011. MAYOR CLERK Staff Report D2011-18 regarding "MacNeil Subdivision Port Burwell Pre-Servicing Agreement Amendment". Page 54 of 131 AGREEMENT THIS AGREEMENT dated this - day of 2011. BETWEEN: JO.LYNN PT. BURWELL INC. hereinafter called "Jo-Lynn" AND THE CORPORATION OF THE MUNICIPALITY OF BAYHAM hereinafter called the "Municipality" WHEREAS: 1. Jo-Lynn Pt. Burwell Inc. applied to the Municipality of Bayham to permit the construction of certain services in advance of the execution of a subdivision agreement and registration of a plan of subdivision. 2. The Municipality of Bayham and Jo-Lynn Pt. Burwell Inc. entered into a Pre-Servicing Agreement authorized by By-LawNo. 2010-061. 3. Jo-Lynn Pt. Burwell Inc. has completed installation of certain services and has applied for registration of Phase 1 of MacNeil Subdivision. 4. The Council of the Municipality of Bayham deems it necessary and expedient to enter into an amending agreement with Jo-Lynn Pt. Burwell Inc. respecting the pre-servicing agreement for the MacNeil Subdivision. NO\il THEREFORE,IN CONSIDERATION of the Corporation granting Jo-Lynn permission to commence installation of the 'Works for the proposed Plan of Subdivision Application No. 34-T-88007 prior to the execution of the subdivision agreement and the mutual covenants contained herein, the parties agree and acknowledge as follows: 1. That Schedule "8" to the Pre-Servicing Agreement between the Corporation of the Municipality of Bayham and Jo-Lynn Pt. Burwell Inc. be and the same is hereby repealed and replaced with Schedule "B" as affixed hereto and forming part of this Agreement; 2. TFIAT all other terms and conditions of the original agreement remain in full force and effect; Staff Report D2011-18 regarding "MacNeil Subdivision Port Burwell Pre-Servicing Agreement Amendment". Page 55 of 131 2 IN \ilITllESS WIIEREOF the parties have set their hands and corporate seals as attested by the hands of the proper signing officers in that behalf. SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF: THE CORPORATION OF THE MUNICIPALITY OF BAYHAM MAYOR, Paul Ens CLERK, Lynda Millard O\ilflER: JO-LYNN PT. BUR\ilELL INC. SIGNATURE I have the authority to bind the Corporation. Name:(prinÐ Position:(prinÐ Staff Report D2011-18 regarding "MacNeil Subdivision Port Burwell Pre-Servicing Agreement Amendment". Page 56 of 131 SCHEDULE "8"(pe.1) MacNeil Subdivision - Port Burwell ESTIMATED COST OF WORKS Primarv Services (including all underground V/orks and surface Works excluding final asphalt and boulevard Works) a) Elizabeth Street Watermain Storm Sewers Road $ 55,023.80 b) MacNeil Court (William Court on drawings) $ $ $ Subtotal Sanitary Sewers Watermain Storm Sewers Road c) Charles Court Sanitary Sewers $'Watermain $ Storm Sewers $ Road ('B' Gravel base only) $ Subtotal Easements Storm Sewers Storm Water Management Pond Surface Asphalt Sidewalks Driveway Ramps Blvd Topsoil & Sod Blvd Trees Street Liehtine Street Lights & Wiring 24,926.00 8,817.80 21,280.00 24,618.00 18,473.00 17,700.00 49,740.00 $110,531.00 24,426.00 19,870.00 11,644.00 17,840.00 $ 73,780.00 $ 31,389.00 $ 73,615.58 $ 10,710.00 $ 8,294.00 $ 7,000.00 $ 4,900.00 $ 2,100.00 Subtotal ofSecondary Services $ 33'004.00 $ 5,000.00 $ $ $ $ Subtotal Subtotal of Primary Services $344,340.18 Secondarv Services - Phase 1 MacNeil Court (includes surface asphalt and boulevard Works) TOTAL Servicing Cost $382,344.18 Staff Report D2011-18 regarding "MacNeil Subdivision Port Burwell Pre-Servicing Agreement Amendment". Page 57 of 131 SCHEDULE "B" (pe.2) FINANCIAL REOUIREMENTS 1. Cash Payment a) Payment for Water Meters Phase I (14 units @5250 each) $ 3,500'00 b) Administration and Inspection Fees Based on Total Internal Servicing Cost of $382,344.18 i. 4% of hrst $100,000 $ 4,000.00 ii. 3.55% of $282,344.18 $ 10,023-22 Grand Total Cash S 17.523.22 2. Letters of Credit a) 25% of Storm Sewers - Phase 2 Charles Court $11,644.00 Easements Lots l2ll3 $12,272.00 Easements RLCB7.2lDICB7.l $ 9.648.80 Total Storm Sewers $33,564.80 x25%o $ 8,391.20 b) Grading, Seeding, erosion controls Total Letters of Credit $ 10,000.00 $ 18391.20 Staff Report D2011-18 regarding "MacNeil Subdivision Port Burwell Pre-Servicing Agreement Amendment". Page 58 of 131 Municipality of Bayham Building Permits For The Month of Aprtl 20ll D¡te:May-02-2011 File: PlO No.Date Roll #Permit Holder Property Description Building Tvoe Value Permit Fee Septic /Sewer Fee t2 4-Apr f-001-19504 Ðnns, Frank 10 Fulton Street construct one storey house w/att garage 2382sq ft 160.000 1331.0(185.0( 13 8-Aor )-007-12500 ÊIamm, Abram 53717 Heritaee Line lonstruct one storey addition 618so ft 40.000 377.0( l4 8-Apr )-002-t1702 Schmitt. Henrv 54624 CaltonLine lonvert portion ofgarage into living space 537sq ft 40.000 468.0( 15 l-Aor l-008-06334 Wall. Peter 5598 Richmond Road feDair septic field bed (additional runs to bed)1.00(265.0( l6 3-Apr î-001-21710 Suderman, Tony 7 Centre Street ;onstruct patio deck to side ofhouse 308sq ft t.20(80.0( t7 5-Apr )-003-02900 lvirida, Steve 55828 Calton Line install laundry facilities in house s0(104.0( 18 5-Anr 4-001-21300 3iesbrecht, Abram 15 Centre Street ronshuct patio deck at back ofhouse 392sq ft l -50(80.0( r9 20-Anr 0-001-0900 3regory Underhill Farms Inc 5634 Brown Road install srain bin 2346so ft 140.00(80.0( 20 20-Aor )-002-l 5800 Mafin, Steve 56009 Calton Line reoair seotic tile bed 2.50(265.0( 2t 29-Aor 4-001-20810 Wall. Issak 33 Centre Steet :onstruct patio deck to rear ofhouse 240sq ft 80(80.0( 22 29-Aor )-004-23 I 0s lhilcott. Dannv 3359 Sandvtown Road install earden shed in backvard 240so ft 4.7s:80.0( 23 29-Apr +-001-21720 Bergen. Herman 5 Centre Street :onstruct patio deck at back ofhouse l92so ft 80(80.0( April-11 393.055 2.760.00 715.0( 2011 YEAR TO DATE 681555 E.767.00 1090.0r April-10 15830(1.997.00 0.0( 2OIO YEARTO DATE 1.227.9t1 12.1E1.00 I 125.0r sl[.{s12l20tl excel\monthly\buildper B u i l d i n g P e r m i t R e p o r t f o r m o n t h e n d i n g A p r i l 3 0 , 2 0 1 1 . P a g e 5 9 o f 1 3 1 Page 60 of 131 I CORPORATION OF THE MUNICIPALITY OF BAYHAM f..t\)l STAFF REPORT TO: Mayor and Members of Council DATE: May 5, 2011 FROM: Gord Roesch FILE: By-law Enforcement Officer SUBJECT: Outback Camping Noise Exemption NUMBER: P2011-008 Purpose: To Provide Council with information regarding an application for exemption from By-law 2001- 057, a By-law to regulate and control noises in Bayham. Background: Mr. Timmermans, representing Outback Camping at6697 Woodworth Rd. in Bayham attended council April2I,20LltorequestanexemptionfromtheBayhamnoiseby-law,specificallyfora PA and or DJ sound system to operate past 11:00pm as described in Table 3-l section 4. Mr. Timmermans has submitted a new (revised) application dated April 25, 2011to Councíl for consideration at the May 5,zOLt meeting. Staff Comments: Council should note: o Section 6.1L2 (f) states the applicant must state the steps if any to bring compliance with the by-law. ln this case because it is for amplified music and a PA, this section may not apply in this situation. o Section 6.LL.2 (g)states that the applicant has proof of publication in a local newspaper within the preceding ten days. Mr. Timmermans has provided a detailed report showing the economic benefits of Outback Camping to the local economy. Staff does not have any reason to doubt the economic impact to our local economy as contained in the report. However, it should be noted that the economic impact report does not mention the need for extended hours for a noise exemption. Noise exemptions have been approved in the past for this campground, under previous ownership. ln 2004, as part of the previously approved exemption, a noise policy was adopted by Council. lt is attached for review. Mr. Timmermans April 25, 2011 application states the P.A. from the main stage will end at 11:00 pm and sound systems/camper noise by 1:00 am. Staff Report P2011-008 regarding Outback Camping Noise Exemption". Page 61 of 131 Public lnput: Staff received comment from several residents in the area of Outback Camping; all were opposed to the original application for exemption as submitted. Attached to this report are copies of the concerns raised by local residents. Additionally, Council previously received a petition in support from local businesses, submitted by Mr. Timmermans. ln 2010, noise from Outback Camping was a contentious issue. Municipal Staff received several complaints from area residents, as did the Elgin OPP. Considering the feedback from the advertisement for the exemption, I would expect more complaints should an application be granted. Options: L. Council accepts the application as presented by Mr. Timmermans after verification of the ad being published in local newspapers within the preceding ten days and furthermore appoints a Noise Control Officer. Council not approve an exemption for noise. Councilgrant a noise exemption as requested or a variation of the dates and times Council feels are acceptable and reasonable. Attachments L. Application from Mr. Timmermans for exemption April 25, 2011 2. Concerns from residents regarding the noise exemption (original application) 3. Petition from local business in support (original application) 4. Municipality of Bayham Noise Policy (December 2OO4). Strategic Goals Goal #4 - Be Dedicoted to Service Excellence Recommendations: 1. That Staff report 2OLI-0I7 be received by Council and 2. That Council accept the application dated April 25, 2011as submitted by Mr. Timmermans on behalf of Outback Camping, and 3. lf an exemption from Noise By-law 2OOI-O57 is granted, that Outback Camping be required to comply with the noise policy December 2OO4 as attached to this report. Respectfu I ly su bmitted,Reviewed By, Gord Roesch By-Law Enforcement Officer 2. 3. Staff Report P2011-008 regarding Outback Camping Noise Exemption". Page 62 of 131 6679 Woodworth Rd. Port Burwell, Ontario NOJ 1T0 mike@outbackcamping.ca www.outbackca m ping.ca 5L9 874-L752 April 25,2011 Mayor Paul Enns and Councillors Municipality of Bayham Straffordville, Onta rio Re: Noise Bv-Law Extension Application for Outback Campins Dear Sirs, Enclosed please find our application for a noise by-law extension for the 4 long weekends of the summer ol2OLL till 1:00 a.m. each night, along with information on the economic and community benefits of Outback Camping. We have applied for the noise by-law extension for all four long weekends, but respectfully request the extension can be subject to approvalfollowing the successfulexecution of the first event on the May long weekend. This request has been made in order to save Council's valuable time and the time of both the applicant and neighbours. The noise by-law extension has been adjusted to 1:00 a.m., as from what we heard in the meeting of April 21s, the majority of delegates who spoke agreed that 1:OO a.m. was a reasonable expectation. Outback Camping has made plans to improve the running of the park by híring professional security, a waste management team, event planning and production. Although ideally we would not have any noise issues, the running of an event venue that's target market is still in the under 30 age group still has a reasonable expectation to allow music till normal bar closing times. As always, fine tuning an event venue is a work in progress, and we hope to improve with every event. As well, Outback's audience has changed since its predecessor's, Country Camping. Since our audience is now largely following the live, name entertainers - and not comíng for things like the "Animal Olympics" Country Camping used to hold, it doesn't have the same expectations. There are now rules in place and a professional security company to enforce them. However, we feel extending the noise by- law till 1:00 a.m. will allow for a more realistic noise expectation considering our patrons. lf Outback ís not given the noise extension, we feel the venue will not be as attractive to its core target audience, and unlike other campgrounds that might be able to recover revenues in other markets, Staff Report P2011-008 regarding Outback Camping Noise Exemption". Page 63 of 131 6679 Woodworth Rd. Port Burwell, Ontario NOJ 1T0 mike@outbackcampine.ca www.outbackca m ping.ca 5L9 874-t752 q-d Outback's ability to do business will be extremely limited. ln short, people will stop coming to the venue altogether. According to the attached Tourism Regional Economic lmpact Model, the approximately 6,000 people who currently attend Outback's events over the summer spend over S1,000,000 at area restaurants, stores, gas stat¡ons and markets - monies that are desperately needed by Port Burwell businesses. As you know, businesses in the area already have a tough enough time, and we feelcutting off this valuable source of revenue willjust be adding another nail to their coffins. We would welcome the opportunity to speak with the By-Law Enforcement Officer about future plans and/or any concerns - something that was apparently an oversight with the previous application. We would also recommend he speak with the area businesses that enjoy the benefits of Outback's audience. At the previous council meeting, we submitted a list of area businesses that support Outback Camping, which was compiled in just one afternoon. lf given more time, we are certa¡n the list would number substantially more names. Thank you for your time and consideration. We look forward to working with you to expand the area's local economy and develop Port Bun¡rrell's tourism industry. Yours very truly, Mike Timmermans Staff Report P2011-008 regarding Outback Camping Noise Exemption". Page 64 of 131 Name of applicant: (Sample ad notice for publishing) Notice of application for Exemption from Bayham By-Law #2001-57 (to regulate and control noises) Outback Campine. Mike Timmermans Address: 6679 Woodworth Rd.. Port Burwell. Ontario NOJ lT0 Telephone # (519\ 874-1752 Address of event if different: Description of Sound Source:P.A. from Main Stase till I l:00 o.m. and/or Disc Jockey sound system on camoground till l:00 a.m. and audience in attendance on the nights/earlv mornings of summer long weekends as described below. Statement of the particular provisions of the byJaw from which exemption is sought: See By-Law #2001-57, Table 3-1, Parts _4_&,12 Pertaining to: (details) "the operation of any electronic device or group of connected electronic devices incomorating one or more loudspeakers or other electromechanical transducers and intended for the production. reproduction or amplification of sound." And "Yelline. shoutine. hooting. whistling and sineing." Reasons: To accommodate the noise of live music and Disc Jockeys and the people attending long weekend events. Date of Council meeting when application will be considered: Mav 5. 2011 Date(s) and reason for exemption: RWORD\By-[aw Enforcement\l.Ioise Conûol\hlotice of application for exemption Staff Report P2011-008 regarding Outback Camping Noise Exemption". Page 65 of 131 6679 Woodworth Rd. Port Burwell, Ontario NOJ 1T0 mike@outbackca mping.ca www.outbackca m ping.ca 5L9 874-L752 Community Benefits - Outback Camping As a concert/event venue, Outback Camping generates a number of benefits to the community -both economic and promotional. For your review, we have put together both economic impact and marketing/promotional information in consideration of the noise by-law extens¡on. Outback lnvestment local Trades Total Over 4 Events Staff Over 4 Events Portable Washrooms ss,000.00 Gate - 40 hrs per X 4 S3,2oo.oo Water ss00.00 Merchandise s3,200.00 Garbage Removal S8,ooo.oo Event Planner s21,5oo.oo Septic Ssoo.oo Ooerations s9.600.00 Design/Graphics ss.000.00 Security s20,000.00 Printine s8.000.00 Total Ssz,soo.oo Fencins Rental S2.ooo.oo Barricade Rental S6,ooo.oo Marketing/Promotion Lumber S4,ooo.oo Radio 512,000.00 Firewood S4,ooo.oo Print (50,000 flyers, posters, ads, 5,000 rodeo magazines, etc.)Slo,ooo.oo lce s1,200.00 lnternet/Social Media including 80,000 Groupon lmpressions and Eblasts s5,ooo.oo Property Ma intena nce/Plum bing, Heating, Etc.Slo,ooo.oo Other S4,ooo.oo Total S54,2oo.oo Total s31,fi,0.ü) Total lnvestment s142,700.00 Staff Report P2011-008 regarding Outback Camping Noise Exemption". Page 66 of 131 6679 Woodworth Rd. Port Burwell, Ontario NOJ 1T0 m ike @outbackca m ping.ca www.outbackca m ping.ca 5L9 874-L752 qd Local Trades/Suppliers Outback hires everything from plumbers and heating/cooling specialists to portable washrooms and security. We also hire staff to man the front gates, sell merchandise and perform operation funct¡ons. There are additional expenditures of S120,000 per season Outback spends on hiring performers and production - however we chose not to list those as not easily perceived as assisting the local community. Staff Report P2011-008 regarding Outback Camping Noise Exemption". Page 67 of 131 6679 Woodworth Rd. Port Burwell, Ontario NOJ 1T0 mike@outbackcam ping.ca www.outbackca mping.ca 5L9 874-L752 Marketing/Promotion Port Bunruell's name, along with local attractions such as the area's museums, lighthouse, beach and the forthcoming Ojibwa Submarine benefit from Outback's extensive marketing and promotion. lt is difficult to put a price on what the benefit is of this insinuation of the Port Burwell brand is - however, there is no question people learn of Port Burwell's location and attractions through Outback Camping. Outback's marketing has included a flyer drop of 50,000 to London, Guelph & Kitchener areas, a Groupon promotion with over 80,000 email impressions, 5,000 rodeo magazines, two separate websites, over 512,000 spent on radio (FM 96 is a presenting sponsor), advertising buys, posters and facebook and google adword ¡nternet ads. As well, the performing bands are post¡ng the event on their sites and inviting friends through their own Facebook pages. I estimate our reach will be well in the 2,000,000 range. Economic lmpact Attached please find an economic impact report from TREIM (Tourism Regional Economic lmpact Model) based on an attendance of 6,000 people over the summer. We have purposely kept the attendance figure conservative (there could be 5,000 people alone at the Rodeo event) because we feel the formula they base the numbers on is not specific to our community. However, that said - our figures show visitors general spend approximately S50 each at area hardware stores, shops, gas stations, markets, restaurants - and of course, at the local liquor store. Without reading the full report - I can tell you the figure is a little over 51,000,000. Other Considerations Although we have asked for the noise extension tíll 1:00 a.m.... this is mainly to cover the additional noise of people - not for bands to play on the stage. All "concerts" will still end at 11:00 p.m. - however the people that come to the campground still play music, talk, sing and sometimes shout. We have applied for the noise extens¡on to cover the noise of the people themselves ... not for music we are generating. For the people who are spending the money in our community. Staff Report P2011-008 regarding Outback Camping Noise Exemption". Page 68 of 131 6679 Woodworth Rd. Port Bunruell, Ontario NOJ 1T0 mike@outbackcamping.ca www.outbackca m ping.ca 5L9 874-t752 qd As well, Outback is an active member in the community, donating a stage for the Ojibwa fundraising event on May 15th and partnering with other businesses on promotional and marketing opportunities. Staff Report P2011-008 regarding Outback Camping Noise Exemption". Page 69 of 131 The Economic lmpact of Outback Gamp¡ng in Southwestern Ontario in 2011 This report was generated by the Ontario Ministry of Tourism's TREIM model. April20,2011 Note: The Ministry of Tourism does not take any responsibility for inputs that the user has provided, nor for the interpretation of the results. Staff Report P2011-008 regarding Outback Camping Noise Exemption". Page 70 of 131 l. lntroduction This report provides an estimate of the economic impact that Outback Camping is expected to have on Ontario's economy, in terms of Gross Domestic Product, employment and taxes generated. The analysis is based on the following information the user has provided to the MTR's Tourism Regional Economic lmpact Model: Number of Visitors for or Event ofT Festivals/Fairs Given that the detailed breakdown of spending by the above visitors on category, such as transportation, accommodation, etc. is not available from the user, the TREIM utilized the average expenditure of visitors in Southwestern Ontario with characteristics closest to those provided by the user from Statistics Canada's 2004 Canadian Travel Survey and the Intemational Travel Survey to generate the detailed spending as followings ( in dollars ): Travel Services $( Public Transportation $30,08: Pdvate Transoortation - Rental $3,28( Private Transportation - Ooeration $199,1& Local Transoortation $2,192 Accommodation $205,47C Food & Beveraoe - At Stores $122,821 Food & Beveraqe - At Restaurants/Bars $217,80C Recreation & Entertainment $128,93( Retail- Clothinq $107,34r Retail- Other $55,24t Total $1.072.32t Total Number of Visitors Staff Report P2011-008 regarding Outback Camping Noise Exemption". Page 71 of 131 The user also has selected the following parameters:. The visits take place in Southwestem Ontario in 2011o The impact is to be shown for Southwestem Ontario and for Rest of Ontarioo Induced impacts of household spending are includedo lnduced impacts of business investment are included. The economic environment is as follows: Baseline 2007 2008 2009 2010 2011 Ontario RealGDP l%chanoe)1.660/o 2.11%2.73%2.92o/o 3.00o/o Ontarío CPI lol"chanoeì 2.53o/o 1.84o/o 1.96%2.15%1.88o/o Ontario Population (%chanoe)0.69%0.78o/o 0.87%O.83o/o O.77o/o Ontario Unemolownent Rate 6.52o/"6.38%5.98%5.65%5.O7o/" Govemment of Ganada 3 month T- BillRate 4.45o/o 4.78o/o 4.77o/o 4.65o/o 4.49o/o Staff Report P2011-008 regarding Outback Camping Noise Exemption". Page 72 of 131 2. Summary of Findings Table l. Economic lmpacts of Outback Gamping in Southwestern Ontario in 2011 ( in dollars ) Southwestern Ontario Rest of Ontario Total Visitors' Spending $ 1,072,328 Gross Domestic Product (GDP) Direct $ 472,537 $ 41,558 lndirect $ 98,360 $ 66,435 lnduced $ 100,231 $ 69,396 Total $ 671,128 $ 177,389 Labour Income Direct $ 296,936 $ 29,329 lndirect $ 69,879 $ 46,994 lnduced $ 64,592 s 43,721 Total $ 431,408 $ 120,045 Employment (Jobs) Direct 9 'l lndirect 1 1 lnduced 1 1 Total 1'l 2 Direct Taxes Federal $ 131,498 $ 9,094 Provincial $ 125,503 $ 6,826 Municipal $ 952 $88 Total $ 257,953 $ 16,008 Total Taxes Federal $ 196,095 s 37,425 Provincial $ 162,369 $ 28,845 Municipal $2,152 $ 7,145 Total $ 360,615 $73,4',14 Staff Report P2011-008 regarding Outback Camping Noise Exemption". Page 73 of 131 Table 2. Economic lmpacts of Outback Camping in Southwestern Ontario on GDP by industry ( in dollars ) Direct GDP Total GDP Direct GDP TotalGDP Croo and Animal Production $2,822 $ 4,567 $ 736 $2.214 Forestrv. Fishino and Huntino $33 $ 260 $25 $ 480 Mininq and Oiland Gas Extraction $0 $ 4s3 $0 $ 825 Utilities $0 $ 11,479 $o $ 3,463 Construction $0 $ r3,3s5 $0 $ 3,637 Manufacturing s 12,282 $ 21,392 $ 19,084 $ 45,280 Wholesale Trade $ 1 1,862 $ 21,763 $ 6,025 $ 14,907 RetailTrade $ 52,811 $ 71,679 $0 $ 9,100 Other Transportation and Warehousino $ 21,989 $ 29,351 $ 6,941 $ 13,904 Ground Passenger Transportation (excl. Rail) $ 1,900 $ 3,039 $ 400 $ 1,150 lnformation and Cultural lndustries $ 2,946 $ 11,837 $ 495 $ 8,207 Other Finance, lnsurance, Real Estate and Rentino and Leasino $0 $ 39,746 $0 $ 20,546 Car Rentino and Leasino $ 1,802 $2,628 $0 $ 851 Owner Occuoied Housinq $o $ 19,160 $0 $ 4,047 Professional, Scientific and Technical Services $0 $ 12,489 $o $ 11,396 Other Administrative and Other Suooort Services $0 $ 7,082 $0 $ 5,077 TravelAoencies $0 $0 $0 $0 Education Services $221 $ 726 $0 $257 Health Care and Social Assistance $0 $ 4,202 $0 $ 1,954 Arts, Entertaínment and Recreation $ 45,299 $ 47,985 $ 756 $2,288 Accommodation Services $ 137,309 $ 138,539 $ 2,375 $ 3,824 Food & Beveraoe Services $ 64,877 $ 68,270 $ 4,276 $ 7,100 Other Services (Except Public Administration) s742 $ 6,806 $0 $ 3,148 Operating, Office, Cafeteria, and Laboratorv Suoolies $0 $o $0 $o Travel & Entertainment, Advertisino & Promotion $0 $0 $0 $0 Transoortation Maroins $0 $0 $0 $0 Non-Profit Institutions Serving Households $ 3,548 $ 7,631 $o $ 1,263 Government Sector $ 4,295 $ 10,186 $0 $ 2,938 Net lndirect Taxes on P;oduction $0 $ 767 $0 $ 6,772 Total $ 472,537 $ 671,128 $ 41,558 $ 177,389 Staff Report P2011-008 regarding Outback Camping Noise Exemption". Page 74 of 131 Appendix: The Economic lmpact of Visits in Southwestem Ontario and other Ontario regions: since no Ontario region is economically self-sustaining, in order to produce the goods and services demanded by its visitors, it will need to import some goods and services from other regions. As such, some of the economic benefits of the visitors' spending in Southwestern Ontario will spill over to other Ontario regions, such as the one you have selected as 'additional". lf the second column of Table 1 contains only zeros, then that means that Southwestem Ontario does not trade with that regíon. Gross Domestic Product (GDP): value of goods and services produced by labour and capital located within a country (or region), regardless of nationalig of labour or ownership. This GDP is measured at market prices. Tourism GDP refers to the GDP generated in those businesses that directly produce or provide goods and services for travelers. Direct impact refers to the impact generated in businesses or sectors that produce or provide goods and services directly to travelers, e.g. accommodations, restaurants, recreations, travel agents, transportation and retail enterprises etc. Direct impact on GDP, employment and tax revenues is also called tourism GDP, tourism employment and tourism tax revenues. Indirect impact: refers to the impact resulting from the expansion of demand from businesses or sectors directly produce or provide goods and services to travelers, to other businesses or sectors. lnduced impact: refers to the impact associated with the re-spending of labour income and /or profits eamed in the industries that serve travelers directly and indirectly. Employment: refers to number of jobs, include full-time, part-time, seasonal employment, as well as both employed and selfcmployed. Federaltax revenues: include personal income tax, corporate income tax, commodity tax (GST, gas tax, excise tax, excise duÇ, air tax and trading profits) and payroll deduction that collected by the federal government. Provincialtax revenues: include personal inc¡me tax, corporate income tiax, commodity tax (PST, gas tax, liquor gallonage tax, amusement tax and trading profits) and employer health tax that collected by Ontario provincial government. Municipal tax revenues: include business and personal property taxes that collected by the municipalities. Collection, however, does not follow immediately the consumption or production of goods and services in a municipality by visitors (as is the case with GST or personal income taxes). Rather, these taxes show the percent of the total property taxes collected by a municipality that can be attributed to tourism because of tourism's contribution to the economic activity of the municipality and hence its tax base. Industry: The industry follows Statistics Canada's 1997 North America lndustry Classification System (NAICS) lnput-Output small aggregation industry classification. Staff Report P2011-008 regarding Outback Camping Noise Exemption". Page 75 of 131 i : - j:¿^i'i c;:..e ca¡¡¡ç61þ[ ftgm Main Stage till 1 1 {9ktl . :.: )' ::': - ^;i ^,ai^.^o I niOFrß/ä¡¡ii'tï,öı;'' i'.d'io::T:l;;***"-: ::',, nisr'b{ early moFiitgs of summer longwækenß as dæcribed b-elow' -- :' " ' ' ovisions of üre by:law from which exemption is SlatementotÛrepartícularpn : -, . Á ¿Áe@rqrrrerr¡er :'-r-'---'Table3-l'Parts4&12' sought SeeBy-Law#200'1-57. .,-:r-^-i^¡^.i ;',',-iffi i' !i¡,j¡ü'- ãdjäñ;r *1-o:l,j?il1,i':::*: :'"', :l#*:lff:i:Íí t [[Tläls,ï*]ïl i "Ìl;"iii,,äA ääl *;;llqï¡*i::,. *qï:5fff$1'jffi'f, ''ff ;-'id'{[:'o'oqu$on:o':a'i'rliriiation.orsoúnc'' nnO 'Y.tiing, shoutlng, hooting;whisÍling and singiitg' oatelii and reasoñ for exemPtion: , :Ëï:i,ffi äì:iÄö,'ilil*nd sundav; Ma,, 22d - tirr 1 :00 a' m' saturdav' . nirrOrv ¡un* ¡0", r¡Oay, Juty 1d and Salurday' July 2il ' till 1:0may älo, éun. ¡¡ay 22ú and Monday, May 23d' till 1:00 a.m. FridaY, Jul lú, NAME 0F Timmermans d;RES$ ntario lloJ lTo attending iong weekend eì/ents'altgl rurrr9 Date of Councii meeting wnen applióation will be considered: May 5' 2011 27c Staff Report P2011-008 regarding Outback Camping Noise Exemption". Page 76 of 131 Page 1 of I Kyle Kruger From: Marc Cerna [cem_oldskool@hotmail.com] Sent: Þpril 17, 2011 7:O1 PM To: Kyle Kruger Subiect: Outback Camping Complaint Dear Mr. Kruger, My name b Marc Cerna and I am a resident of rural Bayham. I live in the vicinity of an infamous place known as Outback Camping (formally known as Country Camping) which has caused my parents, the other residents and I ùouble through out the years. I have lived in this areâ my entire lÍfe and whenever Outback Camping has their festivities, it brings ùouble to us all. Although I am an individual that fits into the age category of the people who would attend Ouback Camping, I do not f¡nd it neæssary for an o<emption to the noise by-law in our area. Even though we live 2 kilometers away, with all the windows shut and the house fan on, we constanüy hear the booming of the bass and it keeps my family and our farm animals awake all night. The hnguage is often inappropriate and we have children living around here as well. Because of the o<emption, we also have traffic through out the nþht as well as bottle tossing, and speed racing. I thank you for reading my e-mait, and I hope for this to be read to the council as a reason to not give Outback Camping a noise by-law o<emption. Marc Cerna t8/04/2011 Staff Report P2011-008 regarding Outback Camping Noise Exemption". Page 77 of 131 Kyle Kruger From: Sent: To: Subiect: April 20,2070 chu rchill@porchlight.ca April 20, 2011 6;26 AM Kyle Kruger council re:noise By-law exemption request Dear Mr. Kruger, I would like to speak at this upcoming council meeting as previously requested by rne. I am providing council members with the material before hand in order to assj-st in why weare not in favour of an excemption to our current noise By-law.Also, I would like council to be aware of the Noise issues that had been sent to themunicipal-ity in 2010 dated June 28, July 5th and July 20. I have copies if you need them.I wil-L be in J-ater this am. with the petition of not in favour of exemptj-on. (Vfed. ) Thanks Chris Churchill Members of Council As an immediate neighbour of Outback Campground we are definiteJ-y not in favour of Mr. Tímmermans request of an exemption in regards to our Noise By-law 2OOI-5'7, Table 3-1,Parts 4. (to regulate and controL noises).Presently the prohibited period of ti¡ne to emit music,/noise (which also includes yelling,shouting, hooting, whistling or singing) is from llprn- ?arn. This allows ourselves and others within the immedi-ate and close proximtry of the parkBhrs. out of 24 an opportunity to obtain, an undisturbed and adequate nights sleep. Thepark has l-6hrs, out of 24 for activity. During the summer of 2010, music,/noise from the front stage of the park was off by 1lpm.but music/noise from the back of the park followed., which is certainly not within ourpresent Noise By-law. fn my opinon, Mr. Timmermans has failed to prove that he can maintain his business in aresponsible and respectful way in regards to our Noise By-Iaw. The park continued to play music,/noise on labour day weekend l-ast year after he was denied an exemption j-n regardsto the Noise By-J-aw. Mr. Tirnmermans is requesting to "operate an electronic devicd or devices incorporating 1or more loudspeakers or other electromechanical tranducers, intended for production. reproduction or amplification of sound" for all 4 long weekends this summer beyond l1pm.If the exemption or variant of it is granted it is rny understanding that the park will beentitled to emit music,/noise for 19hrs. out of 24 on Fri-./sat. night and 23h¡s. out of 24on Sunday nights of ALL THE LONG h¡EEKENDS I We have lived here for 28yts., we love our property and the area in which we live in and v.re plan to continue to do so. I have obtained 53 signatures from our inmediate and closeresidents whom are not j-n favour of this exemption being granted. Members of Council - I believe this speaks loud and c.l-ear - we the peiople within closeproxirntry of Outback Campground do not want this exemption.And speaking for myself any variant of it. As a full tj-me resident of this municipality, r feel we are all entitled to peace.tranquility, an oportunity to enjoy our properties and maintain a healthy Iifestyle and agood gua-lity of life. llit,hj-n in our Noise By-law, it states "the people have a right to and should be ensuredan envj-ronment free from unusual, unnecessary or excessivesound or vibration, without nusiance". Staff Report P2011-008 regarding Outback Camping Noise Exemption". Page 78 of 131 My suggesti-on to Mr. Timmermans is to prorride his clientel with a sound proof building to carry on past our prohibi-ted hours of llpm. Shoow us and other respect and consideration and in turn, I'm sure he would be rewarded with the same. file have experienced many prob.Lems in the past with the previor¡s ohrner in regards to an escalation of music/noise and hope to prevent a relapse. On closing - I would like to make a couple of suggestions to further ensure safety wit,hin our coÍrmu4ity.1. fn anticipation that music/noise may occur past 11pm or an exemption, wifl the municipality monitor al-I the long weekends on site by a By-law officer or OPP on site? 2. Possibility of having a ride program Monday am. following a Long weekend. Members of Council, It is my betief that Mr. Timmermans was weLl aware of our Noise By-1aw upon entering into our community and yet chose to ignore it in 2010, In light of what has transpi-red this past carnping season f strongly feel he is not entitled to amy kind of an exemptíon at this present time. Thank you Christine Churchill Staff Report P2011-008 regarding Outback Camping Noise Exemption". Page 79 of 131 Irr April 16,20ll We the people of the Bayham Municipality whom are living within the immediate and/or close of outback Camping are not in favor of aq exemption of the Bv-Law #2fi17-57 bevond tùe orohibited llp.m. neriod which has been by Mr. M. Timmermans in the Aylmer Express during the week of April 12,2011. Print Name Address 1!4a,gr¡^)f Ckt(¿t*lq (,731 k)oòLù erf a(/', .t t t-s/ArA I ;MC b ot 4tßtl,yz Ervs t31ayY,:--!.'::^',,'.T,ß1' , P y' A rno EntvS i"3"?'r-8 vl¿-V'v+¿tdJe Êßl CI"-, 2-2ù Úitt oo lAo^ ilo.ncr4 Ro,')'N.^,oLl f?',- f,\r's'l-rtre R"^ l.t*,.u fsva' Rr*p ß<,t R.^f ú -*\=*,.- Gmrrlcf l:ar.e" C-.f.ip *o'Íh,.', n D¿lou- Ait[A þfau,,t í I t, L ll*rl^"",.*l ß,1. f37?3 Vftnno- LV*- 5a I f 'l L/¡",',.'.- Ir'^' 5LtàLl Þ {,<r,nr l-,lap 5t{)HL Vì qnn,u i-rn< 4t c" ,O*,,- þ- 4âqu lq7'{¿ 54s83 53\ut / ui<ø n rrlt'n e l/, .nno L'n. (),rnn,- '/'j"PJ'/l Rt ôÉ-Ar cÉKlA ¡"31 S I U )EIJNA A('JE- rßo nn,à R h .L[ S g.Its (J u e-nr' n l--'" .,.e ,-ß-."-*^ò ãf*aL) Õq.u,d RUlirqtf )Yst¡ uìennq L,ìn( fi ufon o ll;f b,,,'Í Ytt<llrl cÅ ,t, t n eVteûf|4 ltfl€ b t tu (,Zttuto^tÒ KD t 6 /ó Í,I/na""/ ,(/ 66J7 ltchn,n) Ll 6ø z rl R,, J *o*) kJ Slot" tQi"¡ ^oná R/ ' V 16^'¿ Staff Report P2011-008 regarding Outback Camping Noise Exemption". Page 80 of 131 (,t ) April 16,20ll We the people of the Bayham Municipalþ whom are living within the immediate and/or close proximity of outback Camping are not in favor of âãdÈ! neriod which has been requested by }fr. M. Timmermans in the Aylnner Express during the weck ofApril 12,2011. Print Name rtL, f, ,rrJen /(s-lß,c/, htond in4-x =",u1;Zf ,r. ,#qt ßtcuaçt1r<Þ. s,4 Ên z/¿,4 M+rft,1u 2-+a¿zr'Xftf fV'llì ß r0 lKtlssN 5zø ¡= Cajf"A_ Ltr,¿ f.fr r l?r."e "-n AYtrw+* ' ôNJ l/exr.l F<tes<u -/ f{a-fr;,..r¡ 4/ario H ff,'e*ert ßø\¿"t Uc.çç¡ tlc, Mru Cernr, l4q cC Ceìfia, 3lt7 c*llunL,* rr ( t 5àG) fr^lt¿'^ Lìr'e /.¿lz;-¿r/ 1",¿€ C+¿for¿,/rttj Szlst l),unna /^rnn 53 7s I vi(np^ L i¡e %4e.^. Bana ¡yI'Qutêaltk 53?ao iÀo?> ttfloQu tc6.4¡t tt THt:ßrsq [1.e rqt:e oR tl,rlry RtçH,,toNÒ RItí ^,^,_ ./_) /{.n{l,f uoql_(}Uqu>att14-ñ" t PoBr-tSu ñrtic {cao t- (r+ueedr<- L?. \ ¿-},^}r, \¡ oz / D hrtY&no t?3 r .-Lob.¿o¿r( ı Staff Report P2011-008 regarding Outback Camping Noise Exemption". Page 81 of 131 (4) April 16,20ll \Me the people of the Bayham Municipality whom are living within the immediate and/or close proximity of Outback Camping are not in fevor of on avartnf - ..:- - a_l- period which has been requested by Mr. M. Timmermans in the Aylmer Express during the week of April 12,2011. Address 517Ct I Vìe¡,¿a 1ìne ff to I /|rrnl¡7 L''ø{ ilo/ úFuør+ lìhÊ 51 T13 &-u{"'trJc..,r l,'utc b678 L.,bølwor4hfr.* 6b7 I tiocl¿/'u¿,. Signature Staff Report P2011-008 regarding Outback Camping Noise Exemption". Page 82 of 131 Toumship of Bayhanr, April 20, 20IL. Our businesses benefit from the people who come to Outback Camping events. We recognize that for Outback Camping to run successfully, it requires an exemption from the noise by-laws. We support the granting of a noise exemption for Outback Camping's long weekend events throughout the summer. Business ù.'¡zn | ./\ i?ll¿ri l.4t?¡¿Y R*,ñ¿v (þ,'t{{-,¿Åu,'l Staff Report P2011-008 regarding Outback Camping Noise Exemption". Page 83 of 131 December 2004 j Municipality of Bayham Noise Policy Where the Council of the Municipality of Bayham grants an exemption ptrsuant to Section 6 of Noise By-LawNo. 2001-57 (as amended), the following shall appty: Noise levels at the event (by amplifred sound and/or yelling, shouting, hooting, whistling, or singing) shall not exceed the following: . During the event (12 noon to I I pm) sor¡nd pressure level not to exceed 90 dB, 100 ft from the site (or at nea¡est residence, whichever is less) . From 1l pm to I am, sormd pressr¡re level not to exceed 80 dB, 100 ft fiom the site (or at nea¡est residence, whichever is less) . After I am, amplification of soundprohibited Breach of any ofthese items may nullifr any futue exemptions. The event operator may be required to do a mail-out to surrounding neighbours (all properties within 1000 feet) to include a contact name and telephone number that the public can reach during the event so that the organizers can immediately address any neighbou¡hood concerns. The Municipality of Bayham staff will monitor and document the decibel levels with a decibel sound meter a minimum of once every % hotx during the exemption period of any amplified concert subject of an exemption to the Noise By-law. Additionall¡ staffwill attend at the end of the exemption period to monitor compliance with the exemption granted. The cost of such staffrng will be at a rate of $40.00 per hour, to a mæ<imum of four (4) hours each day, and will be invoiced to the event operator. Staff Report P2011-008 regarding Outback Camping Noise Exemption". Page 84 of 131 Í CORPORATION OF THE MUNICIPALITY OF BAYHAM STAFF REPORT TO: Mayor and Members of Council DATE: April 19, 2011 FROM: Gord Roesch FILE: Þo t By-law Enforcement Officer SUBJECT: Committee of Council - By-Law Review NUMBER: P2011-009 Purpose: To Provide Council with options for updating the Yard Maintenance By-law and further to review enforcement policy for Municipal By-laws. Background: Council received staff report P2OLL-OO? dated January t3,zOtL. Council passed a resolution at the regular Meeting of Council on January 20,2011. "That staff report P2OLL-002 regarding By-law Enforcement in the Municipality of Bayham be received; AND THAT Council direct staff to establish a committee that will review the current Yard Maintenance By-law, By-law enforcement policy and procedures and report back to council with recommendations." Staff advertised and received four applications to sit on the committee. Staff Comments: The following persons applied for the committee as advertised: 1. Jamey lnwood - 18 Victoria Street Port Burwell 2. Sean Hurley - 4 Edison Drive Vienna 3. Christine Churchill -673L Woodworth Road Port Burwell 4. LarryJohnson -8632 Mitchell Road Bayham Attachments None Strategic Goals Gool #4 - Be Dedicoted to Service Excellence Staff Report P2011-009 regarding "Committee of Council - By- Law Review". Page 85 of 131 Recommendation: That staff report P2011-009 regarding a By-Law Enforcement Review Committee be received by Council and furthermore that Council appoint the persons listed below: L. Jamey lnwood - 18 Victoria Street Port Burwell 2. Sean Hurley - 4 Edison Drive Vienna 3. Christine Churchill -673L Woodworth Road Port Burwell 4. Larry Johnson - 8632 Mitchell Road Bayham And furthermore that the terms of reference be established as stated below: 1. Committee will review the current By-law enforcement procedures, specifically evaluating complaint based inspection vs. routine inspections and make recommendations to Council and, 2. Review Yard Maintenance and Property Standard By-laws specifically as to what should be the regulated in Bayham and make recommendations to Council. Reviewed By, I Staff Report P2011-009 regarding "Committee of Council - By- Law Review". Page 86 of 131 Correspondence dated May 2, 2011 from Bayham / Port Burwell Horticultural Society regarding "Use of Municipal Sign". Page 87 of 131 Page 88 of 131 2010.1 1.19 6.3 9050 MUNICIPALITY OF BAYHAM Accounts Payable Royal Bank Cheque Register - 0412112011 OOOO23 AAROCAGGREGATES LTD JO65O59 WINTER SAND 0313112011 I 387.88 010345 Cheque Amount - 387.88 001337 AROUND ABOUT BAYHAM 213 EMERG PREPAREDNESS WEEK O4I2OI2O11 I 33.90 010346 Cheque Amount - 33.90 OOOO75 AYLMER EXPRESS 0000160354 BAYHAM EVENT BROCHURES 0313112011 I 1,104.0't 0103/'7 0000160500 zoNlNG, oJtBWA, VoLUNTEERS 03t31t2011 I 275.27 010347 Cheque Amount - 1,379.28 001144 BERES' MEAT & GROCERY 2'I MEALS FOR RECRUIT TRAINING MIOA2Of I 554.89 010348 Cheque Amount- 554.89 OOO154 CANADIAN KOOLWATER 2563 WATERBOTTLES 000160 CANON CANADA INC. 6688987 METER BILLING 00017í cBSc oAP|TAL tNC 3745940 COPIERRENTAL OOO183 CHRIS MCQUIGGAN firefighter haining SURVIVAL TRAINING 0ø.t19t2011 I 58.00 010349 Cheque Amount - 58.00 0411112011 I 1,690.75 010350 Cheque Arnount - 1,690.75 04t10t2011 I 1,294.98 010351 Cheque Amount - 1,294.98 o4l1a20't1 I 212.50 010352 Cheque Amount - 212.50 001826 CHRISSYS CORNER STOR meals MEALS FOR RECRUIT TRAINING O4l18l2o'11 I 452.00 010353 Cheque Amount - 452.00 000220 CJDL 6386 ELIZABETH STREET SUBDIV|S|ON 04t13t2011 I 1,073.50 0't0354 Cheque Amount - 1,073.50 001432 CULLIGAN D1 133350515 UN|T RENTAL - S.C.C. 000218 cuPE LOCAL 35 Mardr'11 remit UNION DUES 04t0'U20't1 I 29.32 010355 Cheque Amount - 29.32 0313112011 I 367.96 010356 0412112011 9:334M Cheque Amount - 367.96 Page 1 Cheque Register being Cheque #10345 to Cheque #10411 inclusive, except Cheques #10292 and #10314 totaling Page 89 of 131 2010.11.19 6.3 9050 MUNICIPALITY OF BAYHAM Accounts Payable Royal Bank Cheque Register - 0412112011 OO,I7O8 EASTLINK 81275224500058r'.2-N¡ INTERNET - FIREHALL 0/rl'1012011 I 51.92 010357 81275224500113454pr INTERNET-OFFICE O4/!O2O11 I 91.47 010357 81275224500'17417Þpr INTERNET- FIREHALL 0/rl't012011 I 51.92 010357 8127522450031459Apr INTERNET- EDISON MUSEUM 0411012011 I 51.92 010357 81275224500399654pr TNTERNET- MARINE MUSEUM 0/¿11012011 I 51.92 010357 81275224500501034pr INTERNET-GARAGE UlßnÙf I 51.92 010357 ChequeAmount- 351.07 OOO3OO ELGIN ROAD SUPERVISORS tsuck rodeo TRUCK RODEO 0411812011 I 100.00 010358 ChequeAmount- 100.00 OOO334 FASTENALCANADA ONTIS43173 SUPPLIES 0/.10612011 I 63.33 010359 ChequeAmount- 63.33 æ0337 FIRE MARSHAL'S PUBLIC FIRE 1N001318 MEMBERSHTP RENEWAL 04t12J201't I 100.00 010360 Cheque Amount - 100.00 OOO357 G& K SERMCES CANADA INC '1518680033 SHOP TOVI/ELS, FLOOR MATS MllA2Of I 211.93 01036'l Cheque Amount - 211.93 OOO373 GERALDCROCKER firefightertaining SURVIVALTRAINING 0!111812011 I 127.50 010362 Cheque Amount - 127.50 OO.I27O GORD ROESCH meals MEALS FOR RECRUITTRAINING 041182011 I 279.75 010363 Cheque Amount - 279.75 OOO39I GREGCOLE firefighter taining SURVIVAL TRAINING 0411812011 I 212.50 010364 Cheque Amount - 2'12.50 000416 HETEK SOLUTIONS INC 1NV036355 0N S|TE CALTBRATTON 04t05t2011 I 359.34 010365 ChequeAmount- 359.34 OOO427 HYDRO ONE NETWORKS INC Apr0ercO - 08880 UTILITIES - STRAF LIBRARY 04113120'11 I 244.æ 010366 4pr12660 - 62007 UTILITIES - MED BLDG 0411A2011 t 87.U 010366 Þpr15773 - 68016 UTILITIES - PUMP#s o4hu2ü1 I 327.61 010366 Ap¿5260 - 09578 UTILITIES - OFFICE 041131201'l I 4æ.21 010366 4pr53993 - 93004 UTILITIES - PUMPP{ 0411312011 I 60.28 010366 0412112011 9:334M Page 2 Cheque Register being Cheque #10345 to Cheque #10411 inclusive, except Cheques #10292 and #10314 totaling Page 90 of 131 2010.11.19 6.3 9050 4pr68860 - 08015 UTILITIES - FIREHALL 4pr73394 - 81003 UTILITIES - PUMP#3 4pr86590 - 87008 UTILITIES -PUMP#2 4pr87640 - 15034 UTILITIES - S.C.C. MUNICIPALITY OF BAYHAM Accounts Payable Royal Bank Cheque Register - 0412112011 0412112011 9:334M Cheque Amount - 2,U8.44 001678 INGENIOUS SOFTWARE 3726 FTREPRO2 SERVTCE CONTRACT 04t20t2011 I 1,423.80 0'10367 Cheque Amount - 1,423.80 OO178O JAMIE PILKEY Guelph Course ANDERSON COURSE OOO5O4 KEVIN KITCHING firefighter baining SURVIVAL TRAINING OOO513 KOOLEN ELECTRIC 16704 WATER PUMP WRING ChequeAmount- 660.00 Cheque Amount - 297.50 Cheque Arnount - 187.81 000610 MINISTER OF FINANCE licence renewal OPERATOR LICENCE RENEWAL Ml20l2O11 I 75.00 010371 Cheque Amount - 75.00 000631 NATHAN DAWLEY JTAG JTAG RECRUIT & MILEAGE MNA2O1'I I 282.50 010372 Cheque Amount - 282.50 001480 NEWRO SALES (2004) LTD 68285 PROFILEGASKET 000658 oMERS 04100 Ma/11 MARCH'I'l REMIT 04100 form 105 FORM 105 000679 OXFORD SAND & GRAVEL LTD INOOIí5455 PREMIUM COLDMX 041111201',t I 82.52 010373 82.52 Cheque Amount - 13,217.26 04t08t2011 I 819.25 010375 ChequeAmount- 819.25 OOO727 PUROLATOR COURIER LTD 4',t1918279 COURTER SERVTCE 04t08/2ü1 I 22.98 010376 Ml1A2ü1 I 263.59 010366 0411312011 I 94.58 010366 o4t1a2ü't t 278.17 010366 ul1a2ú1 I 1,027.52 010366 04na20f I 660.00 010368 0411a20fi I 297.50 010369 04t0612011 I 187.81 010370 Cheque Amount - o3t31t2011 I 12,470.96 010374 04t20t2011 I 746.30 010374 001738 R.J. BURNSIDE &ASSOCIATES LIMITED Cheque Amount -22.98 Page 3 Cheque Register being Cheque #10345 to Cheque #10411 inclusive, except Cheques #10292 and #10314 totaling Page 91 of 131 MSO019018.0000 MAINTENANCE & SUPPORT 000660 RELIANCE HOME COMFORT 4pr0066310304721018 UNIT RENTAL - E.C.C. 0r'.11512011 I 610.20 010377 Cheque Amount -610.20 31.08Mnlnú1 I 0't0378 Cheque Amount -31.08 212.50o41w20f I 010379 Cheque Amount - 2010.1'l.19 6.3 9050 000756 RICKABRAMS extrication baining 0000620755 æ00620861 OOI599 STEVEADAMS Guelph course OOO845 STEVENVALKO firefighter baining 001418 TELUS F201',t414 OOO93O TSCSTORESL.P. 1810354et OOO935 UNION GAS LIMITED 27321061969754Þpr 27321062430725Þçr MUNICIPALITY OF BAYHAM Accounts Payable Royal Bank Cheque Regíster - 0412112011 04t2112011 9:334M 010380 010380 OOO829 SPECTRUM COMMUNICATIONS LTD EXTRICATION TRAINING O\ÆRCALLS ANSWERING SERVICE ANDERSON COURSE LICENCE FEE - DUJARDIN SAFETYGRIT uTtLtTtEs - E.c.c. UTILITIES - PUMP#1 04115120Í 0ø,|',t512011 2't2.50 22.15 9s.99 Cheque Amount - o4rtu2011 I 118.14 660.00 010381 Cheque Amount - SURWVALTRAINING 04118/201l I Cheque Amount - 016242498031 PAPER FEE, LONG DISTANCE CHÍ O4IO5I2O11 I 016242498031f23/,9014 MOBTLE H|GH SPEED 041051201',t I 016242498031/6366069 CELL PHONE - B KNTFTON 04105t201't r 016242498031/6780758 MOBILE HIGH SPEED 0410512011 I 016242498031t6781743 MOBTLE H|GH SPEED 0ø,10512011 I 021916315001t2361245 CELL PHONE - E ROLOSON 041æ12011 ! Gheque Amount - 127.50 2.27 010383 41.75 010383 27.75 010383 41.75 010383 41.75 010383 29.83 010383 660.00 't27.50 010382 010384 010385 010386 010387 01 0387 Page OO12OO TODD MCMILLAN JTAG JTAG RECRUIT OOO9I1 TOVVN OF TILLSONBURG 04t18t20't1 185.10 85.00 Cheque Amount - 04t19t20't1 I 85.00 250.00 Cheque Amount - 0/,|131201'l 250.00 50.74 Cheque Amount - 0411512011 o4115t2011 50.74 305.79 23.32 Cheque Register being Cheque #10345 to Cheque #10411 inclusive, except Cheques #10292 and #10314 totaling Page 92 of 131 20f0.11.19 6.3 90s0 000986 WORKPLACE SAFETY & INSURAI.¡CE 1625314March'11 MARCH'11REM|T MUNICIPALITY OF BAYHAM Accounts Payable Royal Bank Cheque Register - 0412112011 04t2112011 Cheque Amount - o3l't212011 I 329.11 2,656.æ 010388 Cheque Amount - Gheque Run Total -34,573.63 Page Cheque Register being Cheque #10345 to Cheque #10411 inclusive, except Cheques #10292 and #10314 totaling Page 93 of 131 OO.I7g8 DENIS DUGUAY confer-€nêe exp€nsg CONFERENCE Ð(PENSES Cheque Register being Cheque #10345 to Cheque #10411 inclusive, except Cheques #10292 and #10314 totaling Page 94 of 131 2010.11.19 6.3 9050 001271 BRENDA GIBBONS mun¡c¡pal law MUNICIPAL LAW OOO175 CEDAR SIGNS 20775 SIGNS 001096 COLDSTREAM CONCRETE LIMITED 7275'l 001828 COREYVANDENNEST screws SCREWS GASKETS,RISERS, BELL & SPIGO' MI14I2O11 I Cheque Amount - MUNICIPALITY OF BAYHAM Accounts Payable Royal Bank Cheque Register - 0412912011 o4t27t2011 I Cheque Amount - 0411512011 I Cheque Amount - o4t27t2011 Cheque Amount - o4r12t2011 o41A20tl O4l29l2O'11 12:57PM 367.25 010390 367.25 1,826.96 010391 1,826.96 4.828.05 0'10392 4,828.05 26.07 0r0393 OOO334 FASTENALCANADA oNTts43358 oNTls43360 SUPPLIES SCREWS, PARTS OOO357 G& K SERVICES CANADA INC 1518674609 1518685486 000367 GENERAL CHEMICAL 90400358 ALUMSULFATE OOO427 HYDRO ONE NETWORKS INC Cheque Amount - SHOP TOV\IELS, FLOOR MATS 0312912011 sHoP TOV\|ELS, FLOOR MATS 04t26t2011 Cheque Amount - 142.41 211.93 010395 211.93 010395 26.07 73.80 68.61 010394 010394 010396 010399 0ø.l't81201',l 423.86 665.76 4pr25390 -072æ Ap¿5390 - 5s002 þ143018 - 26008 Nr50221- 05009 4pr62396 -22001 Apr6279O - 07266 4pr81590 - 07297 4pr87790 -07295 UTILITIES - VIENNA STL UTILITIES - PB STL HWY I9 UTILITIES. EAST ST STL UTILITIES - SEWAGE PI.ANT UTILITIES - STRAF STL UTILITIES - RICHMOND STL UTILITIES - EDEN STL UTILIITES - CORINTH STL Cheque Amount -665.76 615.59 010397 1,782.82 010397 21.19 010397 5,448.97 010397 1,121.44 010397 200.17 010397 609.67 010397 261.77 010397 o411912011 0411912011 0411912011 041191201'l 0411912011 0411912011 04t19t2011 0411912011 I I I I I I I I 001827 J. TICKNER SALES & SERVICE siien system ¡NSTALL SIREN SYSTEM OOO588 MCBAIN SIGNS & GRAPHIC DESIGN 't1774 STGNS Cheque Amount - 04127120't1 10,061.62 638.45 010398 Cheque Amount -638.45 50.85o41u20r I Page Cheque Register being Cheque #10345 to Cheque #10411 inclusive, except Cheques #10292 and #10314 totaling Page 95 of 131 2010.11.19 6.3 9050 000633 NATURAL RESOURCE GAS LIMITED 4pt81237841 NrE1421241 N'E223æ41 NrE2420o41 AprE45407{1 4prE4540941 AprE45410{1 AprEs160G01 AprFl929G01 AprF20600{1 AprF26864{1 AprG06210-01 4prG0630il1 4prc0630741 AprG1570O{l 4prc4040741 MUNICIPALITY OF BAYHAM Accounts Payable Royal Bank Cheque Register - 0412912011 Cheque Amount - 0412912011 12:57PM UTILITIES. FIREHALL UTILITIES. MED BLDG UTILITIES. PUMP#5 UTILITIES - S.C.C. UTILITIES - OFFICE UTILITIES- PUMP#2 UTILITIES - LIBRARY UTILITIES - GARAGE UTILITIES - EDISON MUSEUM UTILITIES - V.C.C. UTILITIES. PUMP#6 UTILITIES. PB FIRE UTILITIES - MARINE MUSEUM UTILITIES - PB FIREHALL UTILITIES - OPP OFFICE UTILITIES. PB WORKS GARAGE 50.85 423.47 010400 196.84 010400 25.19 010400 400.07 010400 290.81 010400 27.13 010400 58.45 010400 738.11 010400 180.80 010400 43.98 010400 23.37 010400 123.26 010400 201.47 010400 377.77 010400 19.68 010400 18:ì.86 010400 0411912011 041't9t2011 0/,|191201',1 04t19t2011 0411912011 04119t2011 0/,|1912011 04t19t2011 04t20t2011 0412012011 o4l20nu1 041201201'l 0/.t2012011 0ø,12012011 04t201201'l u12012011 I I I I I I I I I I I I I I I I Cheque Amount - 001,180 NEWRO SALES (2004) LTD 68298 PUMP, REPAIR KIT, SUPPLIES O4I12I2O'11 I Cheque Amount - OOO727 PUROI-ATOR COURIER LTD 411993989 COURIER SERVICES 0/.115t2011 I Cheque Amount - OOO743 RBCROYALBANK 45r6050004037598 CREDTT - OBOA COURSE MAr4s 1 6050004037598 AMTCO Mar451605000403 7598 CWWA Mar451 6050004485284 ANNUAL FEE 5,1U.14 96.32 010402 3,314.26 5,1U.14 0't0401 010405 010406 Page 03l01l20't1 0312112011 0312412011 0310112011 c I I I 96.32 -293.87 010403 265.55 010403 565.00 010403 12.00 010403 001532 RELISH ELGIN 570 OO18O7 RJR TRAINING SERVICES STANDARD FIRST AID OOO77O RODGER MARIIN #3 March'11 MARCH'11 K-9 CONTROL Cheque Amount - l/4 PAGE AD - DISCOVER BAYHA¡! 0411912011 I Cheque Arnount - 0ø,t18t2011 r Cheque Amount - 548.68 197.75 010404 387 197.75 1,406.71 1,406.71 1,322.100313112011 I Cheque Register being Cheque #10345 to Cheque #10411 inclusive, except Cheques #10292 and #10314 totaling Page 96 of 131 2010.11.',tg 6.3 9050 OOI83O SPRINGFIELD TIM.BR MART 21245',t5 2124721 OOO914 TOWNSHIP SOUTH-WEST OXFORD 41-201'l MUNICIPALITY OF BAYHAM Accounts Payable Royal Bank Cheque Register - 0412912011 Cheque Amount - 04t20t2011 I Cheque Amount- o3t31t2011 I Cheque Amount - MEALS FOR RECRUITTRAINING 041161201'I I Cheque Amount - LUMBER,PRESSURETREATED MIO7I2O11 WAFERBOARDS 0/.|1512011 Cheque Amount- Ungl2Ù11 12:57PM OOO783 ROYAL FENCE LIMITED 43,4,08 GUIDE RAIL REPAIR 000796 SANDS CAI.IADA INC./AI.¡GUS 00668298 001829 SCOTTYS PTZZA 29 SUPPLIES 1,322.10 1,æ8.27 010407 1,808.27 1,116.38 010408 't,116.38 18/..76 18/.76 u.92 010410 l$.¡m 010410 LAW ENFORCEMENT TRAINING 0411912011 I Cheque Amount - Cheque Run Total - 287.52 218.32 287.52 01041',l 34,666.49 Page Cheque Register being Cheque #10345 to Cheque #10411 inclusive, except Cheques #10292 and #10314 totaling Page 97 of 131 201b.11.19 6.3 90sO 04f291201'l 12:42PMMUNICIPALITY OF BAYHAM General Ledger Posting Summary Trace: 015114 Report Dale:0412912011 Accounts Payable Voided Gheque Fiscal Year: 2011 PostedBy: SANDRA Posting Pd.z 1 Posting Date: 04129//2011 01-010G1030 @neral bank 01-010G1950 Accounb Pa¡rable Trade CDIST amount not balanced CDIST amount not balanced Vold Chq: 10292 RBC ROYAL BA¡IK Void Chq: 10292 RBC ROYAL BAI¡K Total Debits Total Credits Net Posting u2.55 e2.55 æ2.55 &2.55 0.00 Page Cheque Register being Cheque #10345 to Cheque #10411 inclusive, except Cheques #10292 and #10314 totaling Page 98 of 131 2010.'t1.19 6.3 9050 0412'112ï11 9:384MMUNICIPALITY OF BAYHAM General Ledger Posting Summary Trace: 015085 Report Date:0412112011 Accounts Payable Voided Gheque Fiscal Year: 2011 PostedBy: SANDRA Postlng Pd.: 4 Postlno Date: 0412112011 014100-1030 General bank 01-010G.'1950 Accounts PayableTrade GDIST inconec.t expense amount CDIST inconect expense amount Void Chq: 10314 DENIS DUGUAY Void Chq: 10314 DENIS DUGUAY Total Debits Total Credits Net Posting 429.13 429.13 429.13 429.13 0.00 Page Cheque Register being Cheque #10345 to Cheque #10411 inclusive, except Cheques #10292 and #10314 totaling Page 99 of 131 sORW ].IUNICIPALITY OF BAYHAH TOT PACKETS . 2 CURRENT 8,982.59 ADP CANADA PAYROLL TECHNOLOGIES DAILY UPDATE REPORT COHPANY TOTALS ADJUST - CR CURRENT TOTAL 8,952.59 I,96r.18 4,366 -52 949.4? L6,?69.7r 36,056.77 36,056-77 52,326.48 I 16. 05 r5.08 52,457 .59 ANALYSIS OF SERVICE CHARGES ITE]'I UNITS CHARGE HOURLY WORKPAYS IO T6.50 COURIER FEE I 12. OO RUN: APR 18 2011 N0: E PAGE: 558 HST REc: I00057413 RT0004 COMPANY PAGE: 3 DEBIT DATE: APR 19, 2OLL DATE 0F PAY: APR 2I , 20LL ADJUST -DR YTD ADJUST I TEI'I PAYROLL RUNS YTD TOTAL 79 ,4O8.63 FEDL TAX NR TAX PROV TAX L6,694.94 Er CoNT QPIP 34,542.94 CAN PEN QC PEN QC HSF 8,404.32 0N EHT HB HET NL HAPSET I45,090.83 TOT STATS CHEQUES 33A,229.04 DEPOSITS US DEPS DED DEPS 334,229.04 ToT NPAY RRS P RTI 48T,3L9.87 TOT PAYROL I ,70 I .20 SERV CHRG GST 22L.L4 HST 4A3,242.2t GRAND TOT FEDL TAX NR TAX PROV TAX EI CONT QPIP CAN PEN QC PEN QC HSF ON EHT }IB HET NL HAPSET TOT STATS CHEQUES DEPOS I TS US DEPS DED DEPS TOT NPAY RRSP RTI TOT PAYROL SERV CHRG GST HST GRAND TOT L,96L.L8 4,366.52 989.42 L6,?69.7L 36,056.77 36,056.77 52,326 -48 r16.05 I5. 08 52 ,457 - 59 ITEM UNITS SALARIED WORKPAYS 20 PAY ADVICE FOLD 30 TOTAL S,/C SUBJECT TO HST IS TOTAL PAYROLL DEBIT IS CHARGE 55.00 6 .60 UNITS t CHARGE 47 -93 I 16.03 52,457.59 DEBIT INF0RI'IATI0N: 005 05102 t0tI925 C h e q u e R e g i s t e r b e i n g C h e q u e # 1 0 3 4 5 t o C h e q u e # 1 0 4 1 1 i n c l u s i v e , e x c e p t C h e q u e s # 1 0 2 9 2 a n d # 1 0 3 1 4 t o t a l i n g P a g e 1 0 0 o f 1 3 1 Y Clo TOWN OF INGERSOLL 130 Oxford Street, lngersoll, Ontario N5C zvs Phone: (519) 485-0120 Far (519) 4Bs-3543 wvwinoersoll.ca Ãptil2l,20ll To All Ontario Municipalitìes: Councìl for the Town of Ingersoll, at their meeting on April 71,2017, after a recotded vote was requested, passed the following resolution unanimously in support: lryHEREAS the number of health care professionals including physicians are declining in relation to the population of the Province of Ontario; and, WIIEREAS it is evident to the Town of Ingersoll that municipalities are feeling prcssure to provide incentives to attlact and obtain health care professionals to meet their residents' health care needs; and, \ryHEREAS the Town realizes there are inconsistencies in the types and amounts of incentives being offered by municipalities across the Province; and, WHEREAS the affordability by municipalities to offer incentives ìs inequitable potentiaþ jeopardizing the health care of residents geographically; and, TIIEREF-ORE BE IT RESOLVED that the Council for the Town of Ingersoll sees it fit to eliminate incentives given by municipalities as part of health carc recruitment as it is seen as a Provincial responsibility; AND FURTHER THAT municipalities request the Province to develop and implement aplan to attrbot health care plofessionals including physicians in a fair and equitable manner without cost to municþalities; AND X'URTHER TIIAT the Couneil for the Town of Ingersoll respectfully requests that all municipalities in the Province of Ontario consider supporting the resolutíon from the Town of Ingersoll; AND X'URTHER THAT a copy of this resolution be forwarded to the Honourable Leoua Aglukkaq, Federal Minister of Health; Premier Dalton Correspondence dated April 21, 2011 from Town of Ingersoll regarding "Resolution on Elimination of Municipal Health Care Page 101 of 131 TOWN OF INGER5OLL 130 Oxford Street, lngersoll, Ontario NsC 2V5 Phoner (5f9) 4t¡5-0120 Fax: (519) 485'354{} wvury.inoersoll.ca McGuinty; Ontario Minster of Health Deb Matthews; Christine ElliotÇ Ontario PC Health Clitic; and, France Gelinus, Ontario NDP Health Critic; AND FURTHER THAT this resolution be circulated to all municipalities in Ontario. The Town of Ingersoll is requesting suppolt ftom all municipalities in Ontario to have cash incentives for the recruitment of heatth care professionals including doctors eliminated at the municipal level, and to shift the responsibility back to the province to create a plan to attract such professionals to all communities in a fair and equitable manner. Please have your Council consider supporting a similar resolution and forward your support. Sincerely, ,/)Ú"', ù4i Ann Wrigh , I Deputy Clerk/ Executive Assistant c Premier Dalton McGuinty LeonaAglukkaq, Federal Minister of Health Deb Matthews; OntarÌo Minster of Ftrealth Ch¡istine Elliott; Ontario PC Health Critic France Gelinus, Ontario NDP Health Critic Correspondence dated April 21, 2011 from Town of Ingersoll regarding "Resolution on Elimination of Municipal Health Care Page 102 of 131 CORPORATION OF THE MUNICIPALITY OF BAYHAM STAFF REPORT TO: Mayor & Members of Council FROM: Kyle Kruger, Administrator SUBJECT: Harbour Facilities 2011 DATE: i|;4:ay 2,2011 FILE: L04 NUMBER: PR201l-06 Purpose To recommend lease arrangements for the municipal Black Docks, boat launch, and finger docks for 201r. Background The Municipality last issued a Request for Proposals in the spring of 2009 for the lease and operation of the municipal black docks, boat launch, and finger docks. Previous to that, there had been an agreement with Mr. Ron Bradfield (Bradcranex) to operate the mentioned facilities for a number of years. Although part of the agreements, the boat launch and finger docks have not been in actual use since at least 2000. Only one proposal was received from the request, being from Mr. Ron Bradfield (Bradcranex Inc.), in a total amount of $600. Council therefore entered into lease arrangements with Bradcranex for 2009 and in 2010. Mr. Bradf,reld has expressed interest to renew the agreement for the 2011 season with the same arrangements as for 2010. Staff Comments Bradcranex submitted the only complete proposal in 2009. Considering that, and given the limited access and opportunities for recreational boating in the harbour, it may be unlikely that other parties will be interested in lease arrangements. It is therefore suggested that Council again consider renewing the arrangements with Bradcranex. Options l Enter into agreement with Bradcranex Inc. to operate the facilities again for 201 1. 2, Issue a Request for Proposals for 2011 3. Cease operation of the harbour facilities Attachments 1. Draft ByJaw No. 201 1-038, to authorize agreement with Ron Bradfield, Bradcranex Inc. Strategic Plan Goal(s): Goal #l - Practice responsible financial management Goal #3 - Create a positive business atmosphere Goal #6 - Provide and encourage attractive lifestyle choices Recommendation THAT By-law No. 2011-038 to authorize an agreement with Ron Bradfield, Bradcranex Inc. to operate the municipal Black Docks, boat launch, and finger docks for 2011 be presented to Council for enactment. q Staff Report PR2011-06 regarding "Harbour Facilities 2011". File: L04 Page 103 of 131 THE CORPORATION OF'THE MTJNICIPALITY OF BAYHAM BY-LAW NO. 2011-038 BEING A BY.LAW TO AUTHORIZE THE MAYOR AND CLERK TO EXECUTE A LEASE AGREEMENT BET\ilEEN THE MT]NICIPALITY AI\D RONALD BRADFIELD' BRADCRANEX INC. F'OR THE LEASE OF LANDS DESCRTBED AS PART OF LOT 11, CONCESSION I rN THE MT]NICIPALITY OF' BAYHAM (FORMERLY VILLAGE OF PORT BURWELL), COUNTY OF ELGIN AND RENTAL OF THE MTJNICIPAL FINGER DOCKS WHEREAS Ronald Bradfield, Bradcranex [nc. has provided a proposal to lease and operate Municipal facilities known as the Municipal Boat Launch and Black Docks, located in Part of Lot 11, Concession 1 in the Municipality of Bayham (formerly Village of Port Burwell) located opposite Part 7 on Plan l lR-990, and to rent the municipal owned finger docks, in accordance with the Request for Proposal issued by the Municipalþ of Bayham; AND \ilHEREAS the Council of the Corporation of the Municipality of Bayham deems it necessary and expedient to enter into such lease agreement. THEREFORE THE COTJNCIL OF THE CORPORATION OF THE MTJNICIPALITY OF BAYHAM ENACTS AS FOLLO\MS: l. THAT the Agreement attached hereto as Schedule "4" and forming part of this By-law between the Corporation of the Municipality of Bayham and Ronald Bradheld, Bradcranex Inc. be and same is hereby approved. 2. THAT the Mayor and Clerk be hereby authorized to execute the attached agreement marked as Schedule rrArr on behalf of the Corporation. READ A FIRST AND SECOND TIME this 5th day of May 2011. READ A THIRD TIME AND FINALLY PASSED this 5th day of May'20L1- MAYOR CLERK Staff Report PR2011-06 regarding "Harbour Facilities 2011". File: L04 Page 104 of 131 THIS LEASE AGREEMENT made in triplicate this - day of 20tl BETWEEN: THE CORPORATION OF THE MUNICIPALIW OF BAYHAM (Hereinafter called the "Municipality") OF THE F'IRST PART And RONALD BRADFIELD, BRADCRANEX INC. (Hereinafter called the "Lessee") OF'THE SECOND PART IN CONSIDERATION of the mutual covenants in this Lease agreement the parties agree as follows: 1.01 Terms Defined In this Agreement: "Leased Premises" means the lands described in Schedule "8", including the area described as the black dock, boat launch, parking for boats and trailers forming part of this agreement and finger docks. 2.01 Term The Lessee shall have the right to use the leased premises for and during the term, which shall be for the period May 1, 20lI to and including September 30, 2011. 3.01 Payment The Lessee will pay to the Corporation of the Municipality of Bayham a total lease fee in the amount of $600.00 on or before September 30,2011. 4.01 The Lessee Covenants with the Municipality as follows: Ð To use the Leased Premises for the purpose of renting out boat slips and launching of boats along with the sale of gas, confections only and other products associated with the use of the leased premises (does not include mobile food booths selling hotdogs, french fries and similar foodstuffs). ii) To pay thelease fee without demand. iiÐ To obtain all necessary approvals from the Coast Guard and arry other authority with respect to the placement of the finger docks; maintain in good repair the Municipalþ's docks and to return those docks to the municipality at the end of the term, in the same condition as the lessee received them. Place and remove the docks with a crane in order to ensure minimal damage. Should any dock(s) become damaged beyond repair, or lost, when in the possession and use of the Lessee, howsoever caused, the Lessee agrees to replace such dock(s) to the Municipality's satisfaction or to pay to the Municipality a sum of money as compensation, which sum shall be the replacement cost of the dock(s) as determined at the sole discretion of the Municipality. Upon the removal of the Staff Report PR2011-06 regarding "Harbour Facilities 2011". File: L04 Page 105 of 131 docks they are to be placed and stored in a location and manner satisfactory to the Muricipality. To be responsible for the rental of space to Charter Boats utilizing the Black Dock for the 2010 season and to ensure that only paid boaters are perTnitted to utilize the Black Dock. To acknowledge that all facilities are being leased on an "as is" basis and that no improvements will be made by the Municipality. Further, that the Lessee aglees to have all boaters either launching from the municipal boat launch, utilizing the finger docks or the Black Dock sign a waiver form to be supplied by the tvtunicipality. Said waiver form shall release the Lessee, the Municipality and the owner ıf tn" said lands from all claims resulting from injury or damage caused while using the said facilities. The Lessee shall keep the original executed waiver forms to be submitted to the Municipahty at the end of the term of the Lease. Any boater utilizing the facility (ies) on more than one occasion is only required to the sign the waiver form once for the season. V/orkplace Safety & lnsurance Board If the nature of the Lessee's operation is such as to place all or any of its employees under the coverage of the V/orþlace Safety lnsurance or similar statutes, the Lessee also will keep in force, at its expense, during the term, Worþlace Safety lnsurance or similar insurance affording statutory coverage and containing statutory limits. 5.01 InsurancePolicies Each insurance policy referred to herein will: name the Municipality and any persons, firms or corporations designated by the Municipality as ãdaitional named insureds as their interest may appeari and provide to the Municipality proof of liability insurance in the amount of $1,000,000.00 (one million dollars); and, contain, if available and as appropriate, a waiver of rights of subrogation against the Municipality and the Lessee, or a cross-liability clause protecting the Municipality *d other insureds designated by it against claims as if the Municipality were separately insured; and, contain a clause that the insurer will not cancel or change or refuse to renew the insurance without first giving the Municipality thirty (30) days prior written notice; and all policies of insurance will be with insurers acceptable to the Municipality and in á form satisfactory to the Municipality, and the Lessee will see that there is delivered to the Municipality copies of certificates of the policies. If the Lessee fails to take out or keep in force any policy of insurance referred to herein, the Municipality may do so and pay the premiums, and in that event the amount so paid as premiums plus ten percent (10%) for overhead shall be due and payable as Rent in arreats; and, all policies will be kept in force throughout the term and during such other time as the Lessee occupies the Leased Premises or any part thereof. vi) iv) v) d) e) a) b) c) Staff Report PR2011-06 regarding "Harbour Facilities 2011". File: L04 Page 106 of 131 6.01 IndemnifTcation of the Municipality The Lessee agrees to indemnifi the Municipality and save it harmless from and against any and all claims, actions, damages, liability and expenses in connection with loss of life, personal injury or damage to property arising from any occurrence on the Leased Premises or the occupancy or use of the Leased Premises or occasioned wholly or in part by an act or omission of the Lessee, its officers, employees, agents, customers, contractors or other invitees, lessees or concessionaires or by anyone permitted by the Lessee to be on the premises. In case the Municipality, without actual (as opposed to merely vicarious) fault on its part, is made a pafi to litigation begun by or against the Lessee, excepting a bona fide action by the Lessee against the Municipalþ, the Lessee will protect and hold the Municipality harmless and will pay all costs, expenses and reasonable legal fees incurred or paid by the Municipality in connection with the litigation. 7.01 Nuisance and Garbage The Lessee agrees not to cause, permit or suffer any unusual or objectionable noises or odors to emanate from the Leased Premises. The Lessee shall deposit all garbage, debris, trash and refuse from the areas in approved containers as designated by the Municipality. Garbage, debris, trash and refuse disposal shall be the responsibility of the lessee. If garbry, debris, trash and refuse is not disposed of in a timely fashion, it shall be picked ,rp bf the municipal authorities at the expense of the Lessee, atarøite of $100.00 per occulTence. 8.01 Costs The Lessee agrees to pay to the Municipality all costs incurred including all legal fees (on a solicitor and his own client basis) and disbursements incurred in enforcing any covenants contained in this Lease or in the event that the Lessee fails to perform its obligations and the Municipality assumed those obligations pursuant to the terms of this agreemen! or with respect to any other litigation arising from this agreement. 9.01 Compliance with Legislation The Lessee agïees to observe and fulfil the lawful provisions and requirements of all statutes, by-laws rules and regulations, municipal, provincial or federal, relating to the Leased Premises, and, in particular and, without limiting the generality of the foregoing, shall maint ain all equipment and apparatus no\¡r installed or required to be installed from time to time by any authority on the Leased Premises. 10.0f Operating and Managing Leased Premises The Lessee agrees to be responsible for operating and managing the Leased Premises including ptor,'iding health facilities (portable toilets) as required, repairs to existing ramps and docks aJ required, keep the area clean and clear of garbage including disposal thereof. 11.0f The Municipatity covenants with the Lessee as follows: i) To permit the Lessee to use the docks owned by the Municipality, for the purpose of renting out docking spaces to boat users; iÐ To permit the Lessee to charge and collect fees for boat docking and boat launching, as the Lessee shall determine in its discretion; Staff Report PR2011-06 regarding "Harbour Facilities 2011". File: L04 Page 107 of 131 To permit the Lessee to manage and operate the Leased Premises as they see fit, so long as the Lessee is in compliance with the terms of this agreement and all applicable laws. 12.01 The Municipality and Lessee mutually agree as follows: Ð Re-entry That the Municipalþ has a right of re-entry on non-payment of lease fee of non- performance of covenants, subject to the provisions of this Lease. Failure to Pay Lessee X'ee or Observe Covenants If the Lessee fails to pay any installment of the licence fee or additional Lease fees payable herein then the Lease granted shall be terminated and the rights hereby granted to the Lessee hereunder shall thereupon immediately cease and expire. Right of Entry to Per{orm Covenants That if the Lessee shall default in the performance of any covenant in this Lease other than the payment of the lease fee, and if such default shall continue for ten (10) days after written notice thereof to the Lessee, the Municipality may perform that covenant on the Lessee's behalf and may enter the Leased Premises for that pu{pose, and the Municipality shall not be liable to the Lessee for any loss or damage to the Lessee's property or business caused by so doing. Signs That the Lessee shall have the right to place a sign or signs setting out the name and business of the Lessee, provided that it shall first have obtained the Municipality's consent in writing, such consent not to be unreasonably withheld, as to the specifications and location therefore, and provided the sign or signs conform to all municipal regulations and by-laws. 13.01 The Municipality and Lessee mutually agree as follows: (cóntinued) No Waiver That the waiver by the Municipality or the Lessee of a breach of a term, covenant or condition of this Lease will not be considered to be a waiver of a subsequent breach of the term, covenant or condition or of another term, covenant or condition. The subsequent acceptance of lease fees by the Municipality will not be considered to be a waiver of a preceding breach by the Lessee of a term, covenant or condition of this Lease, and regardless of the Municipality's knowledge of the preceding breach, it will not be considered to have been waived by the Municipality or by the Lessee unless the waiver is in writing signed by the Municipality or by the Lessee, as the case may be. Assignment The Lessee may not sublet or assign or transfer its interest in this Lease without securing the written consent of the Municipalþ, which consent may not be unreasonably and arbitrarily refused by the Municipality. iii) ü) iir) v) vi) Staff Report PR2011-06 regarding "Harbour Facilities 2011". File: L04 Page 108 of 131 vii) Notice That all notices which it may be necessary or proper for either party to serve upon the other shall be effectively served if sent postage prepaid to the following addresses, or alternatively, served personally: LESSEE'S ADDRESS Ronald Brødlìeld Bradcrønex Inc. P.O. Box 59 Port Burwell, Ontario N0J 1T0 MT]NICIPALITY'S ADDRESS Munícipalíly of ßayhøm PO Box 160,9341 Plank Rd StraffordvìIle ON N0J 1Y0 All notices so mailed shall be deemed to have been received on the third business day after mailing provided that each party may from time to time speciff in writing a new address to which any such notice shall thereafter and until further notice be serit. In Witness Whereof the parties hereto have hereunto set their hands and seals. CORPORATION OF THE MT'NICIPALITY OF BAYIIAM MAYOR Date CLERK Date BRADCRANEX INC. Ronald Bradfreld Date: Witness Staff Report PR2011-06 regarding "Harbour Facilities 2011". File: L04 Page 109 of 131 Page 110 of 131 CORPORATION OF THE MT]NICIPALITY OF BAYHAM STAFF REPORT TO: Kyle Kruger, Administrator FROM: Denis Duguay, Treasurer SUBJECT : Valko-Giesbrecht Property DATE: May 5, 2011 FILE: F22 NUMBER: F2011-06 Background The two properties in question are located in Vienna. The original parcel was severed in 1997 , this created a smaller parcel which should have had a roll# of 3401 004 002 21310 and the owner being Mr. Giesbrecht with a lot size of about I acre and the larger parcel having a roll# of 3401 004 002 21300 and the owner being Mr. Valko and a lot size of 3.86 acres. I)iscussion Staff has discovered an error generated by Municipal Property Assessment Corporation (MPAC) an oversight on assigning the ro11 numbers to the correct property owner when the severance was satisfied. It seems that Mr. Giesbrecht was assigned the roll# 3401 004 001 21300 with a lot size of 3.86 acres, what this entails is that Mr. Giesbrecht was being taxed at the 3.86 acres and should have been taxed at I acre. Mr. Valko was assigned the ro11# 3401 004 001 21310 and a lot size of I acre and was taxed as per description of the lot. Staff would also advise council that property owners never identified the error, all rate payers receive an assessment notice from MPAC yearly identiffing the assessment associated to their properties, and in this case neither ofthe rate payers have discovered this gross manifest error. Under the legislation for gross manifest errors 358(1) Upon application to the treasurer of a local municipality made in accordance with this section, the local municipality may cancel, reduce or refund all or part of the taxes levied on land in one or both of the two years preceding the year in which the application is madefor any overcharge caused by a gross manifest error in the preparation of the assessment roll that is clerical orfactual in nature, including the transposítion offigures, typograpltical error or similar errors, but not in judgment in assessing the property. Under the legislation Council may refund taxes paid by Mr. Giesbrecht. Mr. Giesbrecht will be entitled to a credit for 2009 in the amount of $347.00 and for 2010 in the amount of $394.00; Mr Giesbrecht will see a changen2}ll. In this circumstance there is an overcharge and a under charge. Mr. Valko was under charged and under the legislation Staff Report F2011-06 regarding "Valko-Giesbrecht Property". File: F22 Page 111 of 131 359. (1) Inctease in taxes. - (Ipon application made by the treasurer of a local municipality, the local municipality may increase the taxes levied on land in the year in respect ofwhich the application is made to the extent of any surcharge caused by a gross manifest error that is clerical or føctual in nature, including the transposition offigures, typographical error or similar errors, but not in judgment in assessing the land. (Jnder this legislation council shall notify the treasurer and the person ofwhom the application ís made of the meeting by mail sent at least l4 days beþre the meeting; Under the legislation Mr. Valko will see an increase in his property taxes in the current year and has been informed bymail. Strateeic Plan Goallsì Goal #1 - Practice responsible financial management. Recommendation: THAT council dírect staff to ødjustpropefi taxesfor Mn Gíesbrecht ønd Mn Valko as outlíne ín report F2011 - 06. Respectfully submitted,Received by, Staff Report F2011-06 regarding "Valko-Giesbrecht Property". File: F22 Page 112 of 131 ø51ø2/2øL1. 1.3:48 8663ø66 Lori King and Wendy Chilcott R.R.#4, Aylmer, ON NsH 2R3 ':¿*-* Tel 519-86G5004 JDHN F PETER PAGE ø2 April29,20ll Att¡u Municlpal¡ty of Bayham Council Re: Corinth Pavilion fi,urdraiser We are sendi¡rg this letter to request a withdrawal of fi¡nds that were deposited last year into an accot¡nt for the pavilion frndraiser. The funds were the result of a charity barbeque th¡t wc had and since it was such a great success, we would like to once again incorporate a barbeqrre into or¡¡ communþ yard sale. We are also planning on attending the Edison Fest with a barbeque and selling any remaining food items after 3 pm when ottrer food vendo¡s leave for the day. We estimate the amount needcd to puchase food and drink iæms to be $250.00. It would be greatly apprcciatcd if these fi¡nds could bc withdrawn ¡n time for or¡r community yard sale and fr¡nd raising barbequo on Saturday May 28, 2011. Tbanks, (Corinth Pavilion Fund raising Comminee) Lori King and Wendy Chilcott Correspondence dated April 29, 2011 from Corinth Pavilion Fund Raising Committee regarding "Corinth Pavilion Fundraiser". Page 113 of 131 Page 114 of 131 CORPORATION OF THE MUNICIPALITY OF BAYHAM STAFF MEMORANDUM TO: Mayor & Members of Council DATE: I|v4ay 2,2017 FROM: Kyle Kruger FILE: b O ø SUBJECT : Dredging Information Update This is to provide an update respecting Project Ojibwa/Dredging Timelines. Proj ect Oj ibwa/Dredging Timelines Attached for review is the Project Ojibwa/Dredging Timelines drafted by a small workgroup previously circulated. . Elgin Military Museum Lease Discussions with the Elgin Military Museum regarding the draft lease agreement for municipal property continue. . Planning Studies The period for completing these studies are each estimated at 4 to 6 weeks, and estimated costs are $17,000. Sand plains has reviewed the pre-proposal and encouraged completion of a full application. Staff are advised expenses incurred after submission of the final application are eligible expenses. . Dredging Agency Comments and Approvals Staff initiated a proposal at the end of March for hydraulic dredging with in-water disposal. The proposal was circulated to the various required agencies, based on revised information regarding depths required for Project Ojibwa (8 to l2 feet deptþ. Staff met with representatives of these various agencies (including Small Craft Harbours, Fisheries and Oceans, Ministry of the Environment, Ministry of Natural Resources and LPRCA) April29th,20ll. Mr. Brian Riggs of Riggs Engineering attended to assist staff with the process. In general, the discussions were positive, however some additional information and amendments to the proposal are required before comments will be ñnalized. Staff have retained Riggs Engineering to further assist (pending receipt of estimates) to assist in finalizing this information. It is estimated that finalization of comments and obtaining clearance to proceed will not occur until at least mid to late June. . Dredging Option Investigation The issue regarding the immediate option of acquiring dredge equipment (and operating it in- house or contracting operations) vs. contracting out the service remains at this time. With the availability of in-water disposal still dependent on agency approvals, the municipality will need to determine if it is prepared to proceed without that information. Staff Memorandum regarding "Dredging Information Update". File: D06 Page 115 of 131 Staff remain concerned with the feasibility of achieving the required depths needed for project Ojibwa upon its arrival with the type of equipment proposed by the Harbourfront Committee. At 45 cubic meters per hour capacity, the equipment would need to work 444 hours to remove 20,000 cubic meters of material cited in the Committee business case. It has just been recently confirmed that for Ojibwa, clear depths of 10 feet to a full width of 60 feet will be required. Staff have initiated works to further define the amount of material that will need to be dredged, but the amount will be significantly more than 20,000 cubic meters, particularly when on- going additional siltation during the dredging period is considered. Therefore, it is suggested by staff that although acquisition of dredge equipment for local operation may be feasible and beneficial for local maintenance needs in future years, in order to meet time constraints and achieve depths for a date set to match the arrival of the Ojibwa, dredging for that project may need to be contracted out. . Dredging RFP/Tender Assuming that it is determined that contracting out dredging is the requirement, proceeding to an RFP or tender process launched in mid-May is appropriate. Again, discussions have indicated this would be reasonable timing. In regard to future dredge acquisition, it may be possible to include an add-on option to include a "buy-out" provision at the completion of works, solely at the municipality's option. . Dredging Works Commencement of dredging works will depend on the method and who carries out the works. It would be suggested that a key parameter for proposals would be requirements for the contractor achieve the anticipated depths required for Project Ojibwa on specified dates. Staff Memorandum regarding "Dredging Information Update". File: D06 Page 116 of 131 Project Ojibwa/Dredging Timelines - Draft April6, 2011 Item EMM Lease Agreement Lease Public Consultation Planning Studies Dredging Agency Comments Dredging Approvals Dreding Option lnvestigation Dredging RFP/Tender Dredging Works Emergency Plann ingiCoord April Dredge operator training or contract out operations Partner Municipality discussions I nsurance confirmation Dredge fabrication EMM Lease inclusion June 23 July23 August 23 September October234141 outstanding Sand Plains Application 41 lity to meeUmaintain depth for Ojibwa arrival timeframe jibwa depth confirmation Divestiture d iscussions Costs ty of Contractors Ojibwas depth confirmation Divestuture d iscussions S t a f f M e m o r a n d u m r e g a r d i n g " D r e d g i n g I n f o r m a t i o n U p d a t e " . F i l e : D 0 6 P a g e 1 1 7 o f 1 3 1 Page 118 of 131 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2011-038 BEING A BY.LAW TO AUTHORIZF. TIJE MAYOR ANI) CLERK TO EXECUTE A LEASE AGREEMENT BETWEEN THE MUNICIPALITY AND RONALD BRADFIELD, BRADCRANEX INC. FOR THE LEASE OF LANDS DESCRTBED AS PART OF LOT 11, CONCESSTON I IN THE MT]NICIPALITY OF BAYHAM (FORMERLY VTLLAGE OF PORT BURWELL), COUNTY OF ELGIN AND RENTAL OF THE MUNICIPAL FINGER DOCKS WHEREAS Ronald Bradheld, Bradcranex Inc. has provided a proposal to lease and operate Municipal facilities known as the Municipal Boat Launch and Black Docks, located in Part of Lot 11, Concession I in the Municipality of Bayham (formerþ Village of Port Burwell) located opposite Part 7 on Plan I lR-990, and to rent the municipal owned finger docks, in accordance with the Request for Proposal issued by the Municipalþ of Bayham; AND WHEREAS the Council of the Corporation of the Municipality of Bayham deems it necessary and expedient to enter into such lease agreement. THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLO\ilS: l. THAT the Agreement attached hereto as Schedule "A" and forming part of this By-law between the Corporation of the Municipality of Bayham and Ronald Bradfield, Bradcranex Inc. be and same is hereby approved. 2. THAT the Mayor and Clerk be hereby authorized to execute the attached agreement marked as Schedule rrArr on behalf of the Corporation. READ A FIRST AND SECOND TIME this 5th day of May 2011. READ A THIRD TIME AND FINALLY PASSED this 5th day of M"y, 2011. MAYOR CLERK By-Law 2011-038 A By-Law to authorize the execution of a lease agreement. (Bradfield) Page 119 of 131 THIS LEASE AGREEMENT made in triplicate this _ day of BETWEEN: THE CORPORATION OF THE MUNICIPALITY OF BAYHAM (Hereinafter called the'6Municipality") OF THE FIRST PART And RONALD BRADFIELD, BRADCRANEX INC. (Hereinafter called the "Lessee") OF THE SECOND PART IN CONSIDERATION of the mutual covenants in this Lease agreement the parties agree as follows: 1.01 Terms Defined In this Agreement: "Leased Premises" means the lands described in Schedule "8", including the area described as the black dock, boat launch, parking for boats and trailers forming part of this agreement and finger docks. 2.01 Term The Lessee shall have the right to use the leased premises for and during the term, which shall be for the period May 1, 20ll to and including September 30, 201I. 3.01 Payment The Lessee will pay to the Corporation of the Municipality of Bayham a total lease fee in the amount of $600.00 on or before September 30,2011. 4.01 The Lessee Covenants with the Municipality as follows: Ð To use the Leased Premises for the pu{pose of renting out boat slips and launching of boats along with the sale of gas, confections only and other products associated with the use of the leased premises (does not include mobile food booths selling hotdogs, french fries and similar foodstuffs). ii) To pay the lease fee without demand. iiÐ To obtain all necessary approvals from the Coast Guard and any other authority with respect to the placement of the finger docks; maintain in good repair the Municipality's docks and to return those docks to the municipality at the end of the term, in the same condition as the lessee received them. Place and remove the docks with a crane in order to ensure minimal damage. Should any dock(s) become damaged beyond repair, or lost, when in the possession and use of the Lessee, howsoever caused, the Lessee agrees to replace such dock(s) to the Municipality's satisfaction or to pay to the Municipality a sum of money as compensation, which sum shall be the replacement cost of the dock(s) as determined at the sole discretion of the Municipahty. Upon the removal of the 20ll By-Law 2011-038 A By-Law to authorize the execution of a lease agreement. (Bradfield) Page 120 of 131 docks they are to be placed and stored in a location and manner satisfactory to the Municipality. To be responsible for the rental of space to Charter Boats utilizing the Black Dock for the 2010 season and to ensure that only paid boaters are permitted to utilize the Black Dock. v) To acknowledge that all facilities are being leased on an "as is" basis and that no improvements will be made by the Municipality. Further, that the Lessee agrees to have all boaters either launching from the municipal boat launch, utilizing the finger docks or the Black Dock sign a waiver form to be supplied by the Municipality. Said waiver form shall release the Lessee, the Municipality and the owner of the said lands from all claims resulting from injury or damage caused while using the said facilities. The Lessee shall keep the original executed waiver forms to be submitted to the Municipality at the end of the term of the Lease. Any boater utilizing the facility (ies) on more than one occasion is only required to the sign the waiver form once for the season. vi) Workplace Safety & Insurance Board If the nature of the Lessee's operation is such as to place all or any of its employees under the coverage of the Workplace Safety Insurance or similar statutes, the Lessee also will keep in force, at its expense, during the term, \Morþlace Safety Insurance or similar insurance affording statutory coverage and containing statutory limits. 5.01 InsurancePolicies Each insurance policy referred to herein will: a) name the Municipality and any persons, firms or corporations designated by the Municipality as additional named insureds as their interest may appear; and provide to the Municipality proof of liability insurance in the amount of $1,000,000.00 (one million dollars); and, b) contain, if available and as appropriate, a waiver of rights of subrogation against the Municipality and the Lessee, or a cross-liability clause protecting the Municipality and other insureds designated by it against claims as if the Municipality were separately insured; and, c) contain a clause that the insurer will not cancel or change or refuse to renew the insurance without flrrst giving the Municipality thirty (30) days prior written notice; and d) all policies of insurance will be with insurers acceptable to the Municipality and in a form satisfactory to the Municipality, and the Lessee will see that there is delivered to the Municipality copies of certificates of the policies. If the Lessee fails to take out or keep in force any policy of insurance referred to herein, the Municipality may do so and pay the premiums, and in that event the amount so paid as premiums plus ten percent (10%) for overhead shall be due and payable as Rent in arrears; and, e) all policies will be kept in force throughout the term and during such other time as the Lessee occupies the Leased Premises or any part thereof. irr) By-Law 2011-038 A By-Law to authorize the execution of a lease agreement. (Bradfield) Page 121 of 131 6.01 Indemniflrcation of the Municipality The Lessee agrees to indemnifr the Municipality and save it harmless from and against any and all claims, actions, damages, liability and expenses in connection with loss of life, personal injury or damage to property arising from any occurrence on the Leased Premises or the occupancy or use of the Leased Premises or occasioned wholly or in part by an act or omission of the Lessee, its officers, employees, agents, customers, contractors or other invitees, lessees or concessionaires or by anyone permitted by the Lessee to be on the premises. In case the Municipality, without actual (as opposed to merely vicarious) fault on its part, is made a party to litigation begun by or against the Lessee, excepting a bona fide action by the Lessee against the Municipality, the Lessee will protect and hold the Municipality harmless and will pay all costs, expenses and reasonable legal fees incurred or paid by the Municipality in connection with the litigation. 7.01 Nuisance and Garbage The Lessee agrees not to cause, permit or suffer any unusual or objectionable noises or odors to emanate from the Leased Premises. The Lessee shall deposit all garbage, debris, trash and refuse from the areas in approved containers as designated by the Municipality. Garbage, debris, trash and refuse disposal shall be the responsibility of the lessee. If garbage, debris, trash and refuse is not disposed of in a timely fashion, it shall be picked up by the municipal authorities at the expense of the Lessee, at a rate of $100.00 per occurrence. 8.01 Costs The Lessee agrees to pay to the Municipality all costs incurred including all legal fees (on a solicitor and his own client basis) and disbursements incurred in enforcing arry covenants contained in this Lease or in the event that the Lessee fails to perform its obligations and the Municipality assumed those obligations pursuant to the terms of this agreemen! or with respect to any other litigation arising from this agreement. 9.01 Compliance with Legislation The Lessee agrees to observe and fulfil the lawful provisions and requirements of all statutes, by-laws rules and regulations, municipal, provincial or federal, relating to the Leased Premises, and, in particular and, without limiting the generality of the foregoing, shall maintain all equipment and apparatus now installed or required to be installed from time to time by any authority on the Leased Premises. 10.01 Operating and Managing Leased Premises The Lessee agrees to be responsible for operating and managing the Leased Premises including providing health facilities (portable toilets) as required, repairs to existing ramps and docks as required, keep the area clean and clear of garbage including disposal thereof. 11.01 The Municipality covenants with the Lessee as follows: Ð To permit the Lessee to use the docks owned by the Municipality, for the purpose ofrenting out docking spaces to boat users; iÐ To permit the Lessee to charge and collect fees for boat docking and boat launching, as the Lessee shall determine in its discretion; By-Law 2011-038 A By-Law to authorize the execution of a lease agreement. (Bradfield) Page 122 of 131 iiÐ To permit the Lessee to manage and operate the Leased Premises as they see fit, so long as the Lessee is in compliance with the terms of this agreement and all applicable laws. 12.01 The Municipality and Lessee mutually agree as follows: l) Re-entry That the Municipality has a right of re-entry on non-payment of lease fee or non- performance of covenants, subject to the provisions of this Lease. ii) Failure to Pay Lessee Fee or Observe Covenants If the Lessee fails to pay any installment of the licence fee or additional Lease fees payable herein then the Lease granted shall be terminated and the rights hereby granted to the Lessee hereunder shall thereupon immediately cease and expire. iii) Right of Entry to Perform Covenants That if the Lessee shall default in the performance of any covenant in this Lease other than the payment of the lease fee, and if such default shall continue for ten (10) days after written notice thereof to the Lessee, the Municipality may perform that covenant on the Lessee's behalf and may enter the Leased Premises for that pu{pose, and the Municipality shall not be liable to the Lessee for any loss or damage to the Lessee's property or business caused by so doing. rÐ Signs That the Lessee shall have the right to place a sign or signs setting out the name and business of the Lessee, provided that it shall first have obtained the Municipality's consent in writing, such consent not to be unreasonably withheld, as to the specifications and location therefore, and provided the sign or signs conform to all municipal regulations and by-laws. 13.01 The Municipality and Lessee mutually agree as follows: (continued) v) No Waiver That the waiver by the Municipality or the Lessee of a breach of a term, covenant or condition of this Lease will not be considered to be a waiver of a subsequent breach of the term, covenant or condition or of another term, covenant or condition. The subsequent acceptance of lease fees by the Municipality will not be considered to be a waiver of a preceding breach by the Lessee of a term, covenant or condition of this Lease, and regardless of the Municipality's knowledge of the preceding breach, it will not be considered to have been waived by the Municipality or by the Lessee unless the waiver is in writing signed by the Municipality or by the Lessee, as the case may be. vi) Assignment The Lessee may not sublet or assign or transfer its interest in this Lease without securing the written consent of the Municipality, which consent may not be unreasonably and arbitrarily refused by the Municipality. By-Law 2011-038 A By-Law to authorize the execution of a lease agreement. (Bradfield) Page 123 of 131 Yii) Notice That all notices which it may be necessary or proper for either party to serve upon the other shall be effectively served if sent postage prepaid to the following addresses, or alternatively, served personally : LESSEE'S ADDRESS Ronald Bradfteld Brødcrønex Inc. P.O. Box 59 Port Bunryell, Ontario N0J 1T0 MUNICIPALITY'S ADDRESS Municipølity of Bayham PO Box 160,9344 Plønk Rd Strafþrdville ON N0J 1Y0 All notices so mailed shall be deemed to have been received on the third business day after mailing provided that each pafi may from time to time specifr in writing a new address to which any such notice shall thereafter and until further notice be sent. In Witness Whereof the parties hereto have hereunto set their hands and seals. CORPORATION OF THE MTJNICIPALITY OF BAYHAM MAYOR Date CLERK Date BRADCRANEX INC. Ronald Bradfïeld Date: Witness By-Law 2011-038 A By-Law to authorize the execution of a lease agreement. (Bradfield) Page 124 of 131 THE CORPORATION OF THE MTINICIPALITY OF BAYHAM BY-LA\il NO.2011-039 A BY.LAW TO AUTHORIZE THE EXECUTION OF AII AMENDMENT TO A PRE.SERVICING AGREEMENT WITH JO.LYNN PT. BURWELL INC. WITH RESPECT TO THE PROPOSED MACNEIL SUBDIYISION IN THE VILLAGE OF PORT BTJRWELL WHEREAS: 1. Jo-Lynn Pt. Burwell Inc. applied to the Municipality of Bayham to permit the construction of certain services in advance of the execution of a subdivision agreement and registration of a plan of subdivision. 2. The Municipality of Bayham and Jo-Lynn Pt. Burwell Inc. entered into a Pre- Servicing Agreement authorized by By-LawNo. 2010-061. 3. Jo-Lynn Pt. Burwell Inc. has completed installation of certain services and has applied for registration of Phase I of MacNeil Subdivision. 4. The Council of the Municipality of Bayham deems it necessary and expedient to enter into an amending agreement with Jo-Lynn Pt. Burwell Inc. respecting the pre- servicing agreement for the MacNeil Subdivision. NOW THEREFORE, THE COUNCIL OF THE CORPORATTON OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. That the Mayor and Clerk be and they are hereby authorized and directed to execute an agreement in the form affrxed hereto Schedule "A", being an agreement to amend an agreement with Jo-Lynn Pt. Burwell Inc., with respect to the pre-servicing of the proposed MacNeil Subdivision. Read a FIRST and SECOND time this 5th day of May 2011. Read a THIRD and final time this 5th day of May 2011. MAYOR CLERI( By-Law 2011-039 A By-Law to authorize the execution of an amendment to a Pre-Servicing Agreement. (Jo-Lynn Pt. Burwell Page 125 of 131 AGREEMENT THIS AGREEMENT dated this _ day of 2011. BETWEEN: JO.LYNN PT. BURWELL INC. hereinafter called'Jo-Lynn" AND THE CORPORATION OF TITE MUNICIPALITY OF BAYHAM hereinafter called the "Municipality" WHEREAS: 1. Jo-Lynn Pt. Burwell Inc. applied to the Municipality of Bayham to permit the construction of certain services in advance of the execution of a subdivision agreement and registration of a plan of subdivision. 2. The Municipality of Bayham and Jo-Lynn Pt. Burwell Inc. entered into a Pre-Servicing Agreement authorized by By-Law No. 2010-061. 3. Jo-Lynn Pt. Burwell Inc. has completed installation of certain services and has applied for registration of Phase I of MacNeil Subdivision. 4. The Council of the Municipality of Bayham deems it necessary and expedient to enter into an amending agreement with Jo-Lynn Pt. Burwell Inc. respecting the pre-servicing agreement for the MacNeil Subdivision. NO\il THEREFORE,IN CONSIDERATION of the Corporation granting Jo-Lynn permission to commence installation of the Works for the proposed Plan of Subdivision Application No. 34-T-88007 prior to the execution of the subdivision agreement and the mutual covenants contained herein, the parties agree and acknowledge as follows: 1. That Schedule "8" to the Pre-Servicing Agreement between the Corporation of the Municipality of Bayham and Jo-Lynn Pt. Burwell Inc. be and the same is hereby repealed and replaced with Schedule "B" as affixed hereto and forming part of this Agreement; 2. THAT all other terms and conditions of the original agreement remain in full force and effect; By-Law 2011-039 A By-Law to authorize the execution of an amendment to a Pre-Servicing Agreement. (Jo-Lynn Pt. Burwell Page 126 of 131 2 IN \ilITNESS \ilHEREOF the parties have set their hands and corporate seals as attested by the hands of the proper signing officers in that behalf. SIGNED, SEALED AIID DELIVERED IN TIIE PRESENCE OF: THE CORPORATION OF.THE MT]NICIPALITY OF BAYHAM MAYOR, Paul Ens CLERK, Lynda Millard OWlt[ER: JO-LYI\N PT. BURWELL INC. SIGNATURE I have the authority to bind the Corporation. Name:(prinÐ Position:(prinÐ By-Law 2011-039 A By-Law to authorize the execution of an amendment to a Pre-Servicing Agreement. (Jo-Lynn Pt. Burwell Page 127 of 131 SCHEDULE "8"(pe.1) MacNeil Subdivision - Port Burwell ESTIMATED COST OF \ilORKS Primarv Services (including all underground V/orks and surface W'orks excluding final asphalt and boulevard Works) a) Elizabeth Street Watermain Storm Sewers Road $ 55,023.80 b) MacNeil Court (William Court on drawings) Sanitary Sewers 'Watermain Storm Sewers Road c) Charles Court $110,531.00 $ $ $ Subtotal 24,926.00 8,817.80 2r,280.00 Sanitary Sewers $ Watermain $ Storm Sewers $ Road ('B' Gravel base only) $ Subtotal Easements Storm Sewers Storm Water Management Pond Surface Asphalt Sidewalks Driveway Ramps Blvd Topsoil & Sod Blvd Trees Street Liehtine Street Lights & V/iring 24,618.00 78,473.00 17,700.00 49,740.00 24,426.00 19,870.00 11,644.00 17,840.00 $ 73,780.00 $ 31,389.00 $ 73,615.58 $ 10,710.00 $ 8,294.00 $ 7,000.00 $ 4,900.00 $ 2,100.00 Subtotal of Secondary Services $ 33,004.00 $ 5,000.00 $ $ $ $ Subtotal Subtotal of Primary Services $344,340.18 Secondarv Services - Phase I MacNeil Court (includes surface asphalt and boulevard Works) TOTAL Servicing Cost $382.344.18 By-Law 2011-039 A By-Law to authorize the execution of an amendment to a Pre-Servicing Agreement. (Jo-Lynn Pt. Burwell Page 128 of 131 SCHEDULE "B" (ps.2) FINANCIAL REOUIREMENTS 1. Cash Payment a) Payment for'Water Meters Phase I (14 units @$250 each) $ 3,500'00 b) Administration and Inspection Fees Based on Total Internal Servicing Cost of $382,344.18 i. 4%o of ftrst $100,000 $ 4,000.00 ii. 3.55% of $282,344.18 $ 10,023.22 Grand Total Cash S 17,523.22 2.LeIters of Credit a) 25% of Storm Sewers - Phase 2 Charles Court $11,644.00 Easements Lots l2ll3 512,272.00 Easements P.LCB7.2|DICB7.1 $ 9.648.80 Total Storm Sewers $33,564.80 x25Yo $ 8,391.20 b) Grading, Seeding, erosion controls $ 10,000.00 Total Letters of Credit $ 18391.20 By-Law 2011-039 A By-Law to authorize the execution of an amendment to a Pre-Servicing Agreement. (Jo-Lynn Pt. Burwell Page 129 of 131 Page 130 of 131 THE CORPORATION OF THE MT]NICIPALITY OF BAYIHM BY-LAW NO. 2011-040 A BY-LAW TO CONFIRM ALL ACTIONS OF TIIE COTJNCIL OF THE CORPORATION OF THE MT]NICIPALITY OF BAYHAM FOR THE REGULAR MEETING HELD MAY 5,2OII \üIIEREAS under Section 5 (1) of the Municþal Act, 2001 S.O. 2001, Chapter 25,thepowers of a municipal corporation are to be exercised by the Council of the municipality; AND WHEREAS under Section 5 (3) of the Municipal Act, 2001, the powers of Council are to be exercised by by-law; AND WIIEREAS the Council of the Corporation of the Municipality of Bayham deems it advisable that the proceedings of the meeting be confirmed and adopted by byJaw. THEREFORE TIIE COT]NCIL OF THE CORPORATION OF THE MI]NICIPALITY OF BAYIIAM ENACTS AS FOLLO\MS: 1. TIIAT the actions of the Council of the Corporation of the Municipality of Bayham in respect of each recommendation and each motion and resolution passed and other action by the Council at the regular meeting held May 5,2011 is hereby adopted and confirmed as if all proceedings were expressly embodied in this by-law. 2. TIIAT the Mayor and Clerk of the Corporation of the Municipality of Bayham are hereby authorized and directed to do all things necessary to give effect to the action of the Council including executing all documents and affixing the Corporate Seal. READ A FIRST, SECOND AND THIRD TIME and fìnally passed this Sthday of May, 2011. MAYOR DEPUTY CLERI( By-Law 2011-040 A By-Law to confirm all actions of Council Page 131 of 131