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HomeMy WebLinkAboutMay 07, 2009 - CouncilCOUNCIL AGENDA THE CORPORATION OF THE MUNICIPALITY OF BAYHAM 9344 Plank Road, Straffordville Thursday, May 7, 2009 7:00 p.m. Page 1.CALL TO ORDER 2.DISCLOSURE OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF 3.APPROVAL OF MINUTES AND ADDITION OF AGENDA ITEMS (a Minutes of the regular meeting of council held April 16, 2009. (b Added Item(s) 4.DELEGATIONS (a 7:05 p.m. - Wanda Hoshal regarding Estherville Cemetery (b 7:15 p.m. - Fran Southwick on behalf of Concerned Citizens of Vienna regarding Skateboard Committee Item 8(j) (c 7:25 p.m. - Mary Taylor regarding land title problem Item 8(k) (d 7:40 p.m. - Bob Lozon and Lee Kent from local Masonic lodges regarding Ch.I.P. program Item (e 8:30 p.m. - Closed Session Delegation - Scott Campbell and Kim Husted regarding municipal land title issues 5.INFORMATION ITEMS 9-24 Page 1 of 309 Council Agenda May 7, 2009 Page 5.INFORMATION ITEMS (a Draft minutes of Joint Cemetery Board Meeting held April 21, 2009. File: C06 (b Bayham Cenotaph Committee minutes of meeting held March 31, 2009. File: A01 (c Correspondence dated April 17, 24, 27, 28 and 29 regarding "Approval of the Used Tires Program Plan", "REMINDER: P.J. Marshall Award Deadline May 15, 2009", "AMO Report to Members on April 2009 Board Meeting", "CRTC Changes national Do Not Call List - Municipal Candidates Now Exempt", "HRSDC Enabling Accessibility Fund Call for Proposals" and "AMO Advises Members on Changes to Funding for Local Immigration Partnerships (LIPs)" File: A01 (d Correspondence dated April 3, 2009 from Nestle Waters Canada regarding "environmental stewardship and health benefits associated with bottled water". File A01 (e The Source Spring 2009 newsletter regarding "The Clean Water Act". File E00 (f Elgin Group Police Services Board Detachment Commander's Report dated March 2009. File: P17 (g AMO Communication dated April 22, 2009 regarding "Local Authority Services Audit Report Results". File: A01 (h Correspondence from Minister Responsible for Seniors regarding "Seniors Month". File: A16 (i Correspondence dated April 21, 2009 from Human Resources and Skills Development Canada regarding the "2009 Therese Casgrain Volunteer Award". File: M02 (j Correspondence from South Central Ontario Region regarding "Diversifying the Economy of South Central Ontario Region". File: D02 (k Correspondence dated April 28, 2009 from Tourism Industry Association of Canada regarding "Swine Flu - Communication Strategy and Key Messages for Canada's Tourism Industry". 25-27 29-31 33-41 43-46 47-50 51-58 59-60 61 63-65 67-74 75-76 Page 2 of 309 Council Agenda May 7, 2009 Page 5.INFORMATION ITEMS File: S08 (l Correspondence from Tax Recovery Group regarding "HST". File: C13 (m Elgin County Matters newsletter dated April 2009. File: A16 (n Correspondence dated April 14, 2009 from Friends of the Greenbelt Foundation regarding "Fourth anniversary of the Greenbelt". File: A01 (o Correspondence dated April 27, 2009 from Municipal Law Enforcement Officers Association regarding "Paul Groeneveld Certified Municipal Law Enforcement Officer". File: M04 6.PLANNING, DEVELOPMENT, RECREATION & TOURISM (a Staff Report D2009-016 regarding Concession Stands. File: P09 (b Request from Mark Taylor for discussion regarding "Map Research". 7.ROADS, AGRICULTURE & DRAINAGE (a Staff Report DR2009-003 regarding Little Jerry Creek Drain Improvement. File: E09 (b Staff Report DR2009-004 regarding Casier Municipal Drain Reapportionment (Nurse). File: E09 (c Staff Report DR2009-005 regarding Adler Municipal Drain Reapportionment (Nurse). File: E09 (d Staff Report PW2009-10 regarding Public Works Monthly Report. File: T06 77-78 79-82 83 85 87-88 89-90 91-95 97-101 103-104 Page 3 of 309 Council Agenda May 7, 2009 Page 7.ROADS, AGRICULTURE & DRAINAGE (e Staff Report PW2009-09 regarding Stop Signs - Somers Road - Trillium Railway. File: T07 8.PROPERTY, BUILDING & PROTECTIVE SERVICES (a Building Permit Report for the Month ending April 30, 2009. File: P10 (b Staff Report P2009-013 regarding Fire Department 2009 First Quarter Report. File: P16 (c Staff Report P2009-012 regarding By-Law Enforcement Program - 2009 1st Quarter Report. File: P16 (d Staff Report P2009-019 regarding By-Law Yard Maintenance Contract Services 2009. File: P01 (e Staff Report P2009-017 regarding Dog Control By-Law 2001-094 Amendment. File: P14 (f Staff Report P2009-018 regarding 2009 Canine Control Services / Contract. File: P14 (g Staff Report P2009-016 regarding Fire Prevention and Education Simplified Risk Assessment. File: P16 (h Staff Report P2009-015 regarding Fire Master Plan. File: P16 (i Staff Report PR2009-11 regarding Eden Community Centre - Repairs and Designated Substances. File: A20 (j Correspondence dated April 23, 2009 from Fran Southwick requesting two other members of the Concerned Citizens of Vienna speak to Council. File: C13 105-106 107 109-115 117-122 123-129 131-145 147-150 151-173 175-187 189-197 199 Page 4 of 309 Council Agenda May 7, 2009 Page 8.PROPERTY, BUILDING & PROTECTIVE SERVICES [Addenda] (k Correspondence dated April 23/09 from Mary Taylor regarding land title problem. File: C13 (l Correspondence dated April 21, 2009 from Lori King representing Corinth Community Of Christ Church requesting use of municipal sign. File: C13 (m Correspondence dated April 23, 2009 from Deb Travis, Rec Society and Paul Vyse, Optimist Club regarding Tub Daze. File: R06 (n Correspondence dated April 23, 2009 from Bev Fellows, Program Supervisor, Ontario Early Years Centre Elgin-Middlesex London requesting use of green space in Straffordville, Vienna and Port Burwell for "Summer Park Program". 9.FINANCE, ADMINISTRATION & PERSONNEL (a Cheque Register being Cheques #6311 to Cheque #6412 inclusive, except Cheques #6239 totaling $226,355.94 and Payroll Disbursements for the period ending April 19, 2009 totaling $49,830.36. (b Staff Report F2009-26 regarding Tax Rates. File: F05-09 (c Staff Report F2009-25 regarding IT Support Services 2009. File: L04 (d Staff Report E2009-06 regarding Build Canada Fund Water Works Project. File: BCF#1 (e Staff Report F2009-22 regarding Municipal Office. File: F05 (f Staff Report E2009-07 regarding Project Management File: BCF#1 (g Staff Report C2009-007 regarding Survey Map Restoration. File: F18 / R01 201-216 217 219-222 223 225-240 241-244 245-250 251 253-254 255-256 257-260 Page 5 of 309 Council Agenda May 7, 2009 Page 9.FINANCE, ADMINISTRATION & PERSONNEL (h Proposed ROMA Resolution for discussion. File: A01 (i Staff Memorandum regarding Committee - Vienna Library / Former Town Hall. File: R02 [Addenda] (j Staff Report C2009-008 regarding Additional Cemetery Care Services. (not available at time of printing) File: L04 10.ENVIRONMENT 11.COMMITTEE OF THE WHOLE (a In Camera. (b Closed session minutes of the regular meeting of council held March 26, 2009. (c Closed session minutes of the regular meeting of council held April 2, 2009. (d Closed session minutes of the regular meeting of council held April 16, 2009. (e Delegation - 8:30 p.m. regarding municipal land titles issues. (f Confidential Memorandum regarding a potential acquisition or disposition of land. (g Out of Camera. 12.BY-LAWS (a By-Law 2009-059 A By-Law to Regulate and Contol Dogs (b By-Law 2009-060 A By-Law to amend By-Law 2008-095 (Canine Control/Pound Keeper) (c By-Law 2009 061 A By-Law to authorize the execution of an agreement (IT Support) 261 263 265-272 273-284 285 287 Page 6 of 309 Council Agenda May 7, 2009 Page 12.BY-LAWS (d By-Law 2009-062 A By-Law to authorize the execution of an agreement (Froese) (e By-Law 2009-063 A By-Law to establish levy and adopt tax rates (f By-Law 2009-064 A By-Law to amend By-Law #1690 (Casier Municipal Drain) (g By-Law 2009-065 A By-Law to amend By-Law #1429 (Adler Municipal Drain) (h By-Law 2009-068 A By-Law to regulate the stopping of vehicles (Trillium Railway) [Addenda] (i By-Law 2009-069 A By-Law to authorize the execution of an agreement (Smith) (not available at time of printing) [Addenda] (j By-Law 2009-067 A By-Law to authorize the execution of an agreement (Ens) (k By-Law 2009-070 A By-law to confirm all actions of Council 13.ADJOURNMENT (a Adjournment 289-292 293-294 295 297 299 301 303-307 309 Page 7 of 309 Page 8 of 309 COUNCIL MINUTES THE CORPORATION OF THE MUNICIPALITY OF BAYHAM 9344 Plank Road, Straffordville Thursday, April 16, 2009 7:00 p.m. The regular meeting of the Council of the Municipality of Bayham was held on Thursday, April 16, 2009 in the Council Chambers. Present were Mayor L¡mn Acre, Councillors Mark Taylor, Wayne Casier and Ed Ketchabaw, Administrator Kyle Kruger and Clerk Lynda Millard. Deputy Mayor Cliff Evanitski was absent. Chief Building Offrcial / Drainage Superintendent Bill Knifton, Fire Chief / By-Law Enforcement OfÏicer Paul Groeneveld, Treasurer Suzanna Dieleman Mantel and Water Mastewater Superintendent Ed Roloson were in attend¡nce to present their respective reports. 1. CALL TO ORDER Mayor Acre called the meeting to order at 7:00 p.m. 2. DISCLOSURE OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF' None 3. APPROVAL OF MINUTES AND ADDITION OF'AGENDA ITEMS (a) Minutes of the regular meeting of council held March 26,2009. Councillor Taylor requested that his comment from the March 26th meeting that, in his opinion Med 3 training is not required to provide rescue services in the area of the breakwall, be recorded herein. 2009-t93 Moved by Councillor M Taylor Seconded by Councillor E Ketchabaw ffTHAT the minutes of the regular meeting held March 26,2009 be approved as circulated." CARRIED T.INANIMOUSLY (b) Minutes of the regular meeting of council held April 2,2009. 2009-194 Moved by Councillor E Ketchabaw Seconded by Councillor W Casier "THAT the minutes of the regular meeting held April 2,2009 be approved as circulated.r' CARRIED TINANIMOUSLY (c) Added Item Page 1 of 16 Minutes of the regular meeting of council held April 16, 200... Page 9 of 309 Council Minutes April 16,2009 2009-195 Moved by Councillor W Casier Seconded by Councillor E Ketchabaw 'TTHAT in accordance with Section 21 of Procedural By-law 2002-93, a confidential property acquisition / disposition matter be added to the agenda as item 11.'r CARRIED UNANIMOUSLY 4. DELEGATIONS (a) 7:05 p.m. - Wanda Hoshal regarding Estherville cemetery Item 9(i) Wanda Hoshal confirmed she had sent a large package of documents to the Cemetery Regulations Unit as referenced in her correspondence. She added that Mae Leonard would be pleased to return to respond to any questions regarding her presentation on dowsing. Mrs. Hoshal also read the letter from Susan Start, agenda item 5þ). She requested permission to attend as a delegate at the next meeting. Council consented. (b) 7:20 p.m. - Jan Collins on behalf of the Vienna Skate Board Park Committee regarding Library building, services and Vienna downtown revitalization Jan Collins advised that the Vienna Library building had been inspected by an architect from SJMA Vision Based Solutions and verbally responded that he believed it was salvageable and worth saving based on it's historical value. Ms. Collins requested information and local pictures including hall use, particularly the stage. She raised concerns of a lack of visible community support by Council. She encouraged support for preservation oflocal history and heritage, including buildings. She noted that the $300 had been raised to cover the costs and agreed to provide a written copy of the report when available. Council members indicated appreciation for the dedication and work of the volunteers in the Vienna community. Suggestions were made for potential firnding support. 5. INFORMATION ITEMS (a) Copy of resolution passed by Tay Valley Township regarding "Fisheries management" File: ClO (b) Correspondence dated April 3, 2009 from Elizabeth Ball regarding noise complaint along with letter of response f¡om By-Law Enforcement OfTicer. File: C13 (c) Correspondence dated April 3 and 92009 from Association of @ljties of Ontario regarding "Energy Minister Extends Deadline for Public Sector Regulated Price Plan Eligibility" and "AMO Position on Bill 150, Green Energy and Green Page 2 of 16 Minutes of the regular meeting of council held April 16, 200... Page 10 of 309 Council Minutes April 16,2009 Economy Act". File: A16 (d) Long Point Region Conservation Authority Board of Directors minutes of Annual General Meeting held February 27,2009. File: .A16 (e) Bayham Historical Society minutes of meeting held March 12,2009. File: C06 (Ð Elgin Group Police Services Board minutes of meeting held March 11,2009. File: C06 (g) Correspondence dated April 3, 2009 from Ministry of Tourism regarding 2009 Ontario Budget. File: 416 (h) Conespondence dated March 2009 from Ministry of Citizenship and Immigration regarding "Lincoln M. Alexander Award 2009"- File: M02 (Ð Correspondence dated April 6, 2009 f¡om Tourism London regarding "Annual General Meeting". File: A0l (t) Lake Erie Region Source Protection Committee mintues of meeting held February 5,2009. File E00 (k) Conespondence dated March 31,2009 from Stewardship Ontario regarding "Industry's 4th contribution to the Municipal Blue Box Recycling Program for 2008". File: E07 0) South West Local Health Integration Network highlights of meetings held during March 2009. File: A0l (m) Correspondence dated April 8, 2009 from HELP Clean Wate¡ regarding "$150 Million HELP Clean Water project a go". File: M07 (n) Museums Bayham minutes of meeting held April8,2009. File: C06 (o) Surveyor's Real Property Report regarding "Get to Know Your Property". File: A0l (p) Conespondence dated April 11, 2009 from Susan Start regarding "Estherville Cemetery". File: C13 2009-196 Moved by Councillor W Casier Seconded by Councillor M Taylor "THAT information items 5(a) through 5(p) be received for information." CARRIED I-INANIMOUSLY 6. PLATINING. DEVELOPMENT. RECREATION & TOtruSM (a) Staff Report D2009-13 regarding Schafer Consent Applications 817, E18, 819109. File Dl 2009-t97 Page 3 of16 Minutes of the regular meeting of council held April 16, 200... Page 11 of 309 Council Minutes April 16,2009 Moved by Councillor E Ketchabaw Seconded by Councillor W Casier *THAT StaffReport D2009-13 regarding Schafer severance applications be received; AND THAT Council recommends to the Elgin County Land Division Committee that severance applications 817/09, 818/09 and E19/09, submitted by Mathew A. Schafer Limited and Mathew Schafer, be approved and each is subject to: 1. $500 cash-inlieu ofparkland dedication fee for each proposed lot 2. apportionment of assessment for drainage as per the Drainage Act 3. water quantÍty testing report on each proposed lot4. water quality testing report for nitrates and bacteria content on each proposed lot5. Sewer Services Permit for each proposed lot 6. lot grading plan 7. purchase ofa 911 sign for each proposed lot 8. copy of a final survey provided to the municipality" Councillor Taylor noted his oppositíon to decisions made based on assessment møppìng not necessarily being corrent and requested a recorded vote. In Føvour Opoosed Mayor Acre Councíllor Taylor Councíllor Casíer Councíllor Ketchøbøw Motion Carried on a vote of 3 to I in favour (b) Staff Report D2009-14 regarding Daniel Road Use Agreement. File: L04 2009-198 Moved by Councillor E Ketchabaw Seconded by Councillor W Casier "THAT StaffReport D2009-14 regarding the Daniel road use agreement be received; AND TIIAT Bylaw 2009-053 regarding a Road Use Agreement with Janet Daniel for a portion of Baldwin Line road allowance be presented to Council for enactment.tt CARRIED UNANIMOUSLY (c) Staff Report D2009-15 regarding Road Access and Water/Sewer Services Permit Policy and Proceduies. File: 409 2009-199 Page 4 of 16 Minutes of the regular meeting of council held April 16, 200... Page 12 of 309 Council Minutes April 16,2009 Moved by Councillor W Casier Seconded by Councillor E Ketchabaw *THAT Staff Report D2009-15 regarding the Road Access and Water/Sewer Services Permit be received; AND THAT Council adopt the Road Access and Water/Sewer Services Permit with the policy and procedures as outlined in Staff Report D2009- 015.' CARRIED UNANIMOUSLY 7. ROADS. AGRICULTURE & DRAINÄGE (a) Staff Report DR2009-002 regarding Petition for Drainage from Abraham Peters. File: E09 2009-200 Moved by Councillor W Casier Seconded by Councillor E Ketchabaw "THAT Council of the Municipality of Bayham acknowledges the filing with the Clerk, on April 6,2009, of the Petition for drainage works by Abraham Peters; AND TIIAT StaffReport DR2009-002 regarding the petition for drainage and for drainage improvement be received; AND TIIAT Council wishes to proceed with this matter and appoints Spriets Associates, Engineers, to prepare a preliminary report on the proposed drainage area, pursuant to Section 5 and Section 78 ofthe Drainage Act for Council's consideration." CARRIED TTNANIMOUSLY (b) Staff Report PR2009-10 regarding Road Closure Application - Concession 5 and South Gore. File: T09 2009-20r Moved by Councillor E Ketchabaw Seconded by Councillor W Casier "THAT Staff Report PR2009-10 regarding Road Closure Application - Concession 5 and South Gore be received; AND THAT staff be directed to initiate required procedures pursuant to the Municipal notice bylaw to close a portion of unopened road allowance between Concession 5 and Concession South Gore, through Lots I anil2 provided the applicants pay required expenses, and that upon closure of the road, the lands be conveyed to the abutting property owners at appraised Page 5 of 16 Minutes of the regular meeting of council held April 16, 200... Page 13 of 309 Council Minutes April 16,2009 value.ff Councillor Taylor noted hìs opposítion to decisions møde based on øssessmenl mapping not necessarþ being conect and requested a recorded vote. In Favour Opoosed Mayor Acre Councillor Tøylor Councíllor Casíer CouncìIlor Ketchabaw Motion Canied on a vote of 3 to I in favour (c) Staff Report PR2009-09 regarding Designation of Lands as Part of Road System - Carson Line. File: L07 2009-202 Moved by Councillor Ketchabaw Seconded by Councillor Casier 'THAT Staff Report PR2009-09 regarding Designation of Lands as Part of Road System - Carson Line be received; AND TIIAT draft Bylaw No. 2009-052, being a Bylaw to assume and establish lands in the Municipality of Bayham as part of the open public highway system (Carson Line) be presented to Council for enactment." Councìllor Taylor noted hìs opposition to decísìons made bused on assessment mapping not necessarily beíng correct and requested a recorded vote. In Favour Opoosed Mayor Acre Councillor Taylor Councillor Casíer Councillor Ketchøbaw Motion canied on a vote of 3 to I in favour (d) UNFINISHED BUSINESS - Staff Report PW2009-01 regarding Mail Box By- Law and insurance coverage (defened from April 2,2009) This item was deferred until the next Council meeting to be held May 7,2009. (e) Staff Report PW2009-06 regarding By-Law #58 Landscaping Services. File: L04 2009-203 Moved by Councillor M Taylor Seconded by Councillor W Casier "TIIAT StaffReport PW2009-06, regarding By-Law #58 Landscaping Services, be received; AND THAT Bylaw 2009-058, being a by-law to authorize the Mayor and Clerk to execute an agreement for landscaping services with Wilson Lawn Care and Snow removal, be presented to Council for enactment.rr Page 6 of 16 Minutes of the regular meeting of council held April 16, 200... Page 14 of 309 Council Minutes April 16,2009 CARRIED UNANIMOUSLY (Ð Staff Report PW2009-07 regarding Street Lighting Locations. File: Ul3 2009-204 Moved by Councillor W Casier Seconded by Councillor M Taylor "THAT StaffReport PW2009-07 regarding Street Lighting Locations be received; AND THAT staff be authorized and directed to proceed with installation of the streetlights as follows: Corinth - Pole across from new playground between 54273 and 54267 Best Line - Pole number 242 south east corner of Culloden Road at the end of sidewalk (2008) Eden - Plank Road south across from the Pumping Station Pole #2168 - west of Plank Road on Eden Line in front of 56898 (200S) Straffordville - Heritage Line east before the Pumping Station pole in front of 56710 - East of Straffordville on Heritage Line in front of pumping station chamber (2008) Vienna - Pole 1404 across from 35 Chapel Street - In front of 41 Chapel Street top of hill (2008) Port Burwell - Pole by driveway 44 Newton Street first pole on the north side east of Shakespeare Street - 46 Newton Street (2008) .r' CARRIED T.INANIMOUSLY 8. PROPERTY. BUILDING & PROTECTIVE SERVICES (a) Building Pennit Report for the month ending March 31,2009. File: P10 2009-205 Moved by Councillor M Taylor Seconded by Councillor E Ketchabaw "THAT the Building permit report for the month ending March 2009 be received for information.!' PageT of16 Minutes of the regular meeting of council held April 16, 200... Page 15 of 309 Council Minutes April 16,2009 CARRIED UNANIMOUSLY (b) Staff Report P2009-014 regarding Emergency Management Program First Quarter Report. File: Pl6 2009-206 Moved by Councillor E Ketchabaw Seconded by Councillor W Casier "TIIAT Staff ReportP2009-014 regarding the Emergency Management Program First Quarter Report for 2009 be received for information." CARRIED UNANIMOUSLY (c) StaffReport P2009-011 regarding Port Burwell Fire Station Renewal. File: Pt6 2009-207 Moved by Councillor E Ketchabaw Seconded by Councillor W Casier "That staff report #P2009-011 regarding Port Burwell Fire Station Renewal be received; AND THAT Council authorizes staff to establish a Port Burwell Fire Station Renewal Committee consisting of a maximum of five (5) members consisting of the following . Fire Chief (Chairperson) (1) . Council member (1) . Station Chief or Captain (1) . Station Health and Safety Representative (1) o Firefighter appointed by members of station (non-ofïicer) (1) and, with a Terms of Reference as follows: . Establish minimum station facility requÍrements such as training, administration, parking, apparatus bay size and accessories, . Identify municipal properties suitable for location of proposed facilityifire station, o Prepare a report to Council with proposed facility minimum design details/floor plan, site location and strategic plan to move forward with station renewal, . Explore potential opportunities for partnerships pertaÍning to occupancy of the building and where possible include a proposal for such in the report to Council." CARRIED UNANIMOUSLY 9. FINAIICE. ADMINISTRATION & PERSOI{NEL Page 8 of 16 Minutes of the regular meeting of council held April 16, 200... Page 16 of 309 Council Minutes April 16,2009 (a) Cheque Register being Cheque #6212 to Cheque #6310 inclusive, totaling 5205,563.73 and Payroll Disbursements for the period ending April 5, 2009 totaling $47,677.77 . 2009-208 Moved by Councillor E Ketchabaw Seconded by Councillor W Casier "THAT Cheque Register being Cheque #6212 to Cheque #63f0 inclusive, totaling $205,563.73 and Payroll Disbursements for the period ending April 5,2009 totaling 547,677.77 be approved." CARRIED UNANIMOUSLY (b) StaffReport F2009-23 regarding Rates and Fees. File: Fll 2009-209 Moved by Councillor W Casier Seconded by Councillor E Ketchabaw I'THAT Staff Reportß2009-23, regarding Rates and Fees be received; AND THAT ByJaw 2009-055, being a byJaw to further amend Bylaw 2005-102 imposing rates and fees be presented to council for enactment." CARRIED UNANIMOUSLY (c) Staff Report F2009-24 regarding Financial Report. File: F03 2009-210 Moved by Councillor W Casier Seconded by Councillor M Taylor f TTHAT Staff Report D2009-24 regarding financial reporting be received." CARRIED UNANIMOUSLY (d) Staff Report F2009-20 regarding Budget 2009. File: F05.09 2009-2tt Moved by Councillor E Ketchabaw Seconded by Councillor W Casier "THAT Staff Report F2009-20 regarding Budget 2009 be received; THAT the policing credit for 2008 be applied to 2009 expenditures and that the budgeted transfer from the policing reserve not be withdrawn. THAT Vienna be the designated location to receive playground renewal funding as available in the 2009 capital budget; AND THAT estimates be obtained to carry out repairs identified in the Page 9 of 16 Minutes of the regular meeting of council held April 16, 200... Page 17 of 309 Council Minutes April 16,2009 Genesis Rehabilitation report for further consideration. THAT Council provide funding for events and festivals as follows: $800 each to: Eden BBQ & Road Rally Edison Fest Canada Day Tub Daze Watermelontr'est. TIIAT wireless/cellular internet service be obtained for members of council; AND THAT staff be directed to obtain laptop computers suitable for council use. THAT the 2008 surplus be allocated as follows: $30,000 to2009 operating budget $35,542 to bad debt allowance for uncollectible account $14,550 to purchase GIS hardware and software with Malahide and Aylmer $56,512 to capital rate stabilization reserve. THAT Clarke Road Bridge, Carson Road Bridge, and a road restoration project be identified as council's highest priorities for the next Build Canada Fund application process; AND THAT the Roads & Bridges grant and infrastructure grant be utilized to fund the municipality's share of the project costs.'f CARRIED UNANMOUSLY (e) Municipal Assistance Applications Summary - 2009 (as amended) spreadsheet and Value of Community Centre Fee Waivers spreadsheet. File: Fl I 2009-212 Moved by Councillor W Casier Seconded by Councillor M Taylor "THAT Council directs areas of municipal assistance support as follows: - Bayham Historical Society use of the Council Chambers for monthly meetings, photocopier, paper and envelopes, use of Edison Museum for storage; - Straffordville Community Committee use of Committee Room for monthly meetings, photocopier and sign, Park, parking loÇ dumpster for Watermelontr'esÇ parade, staff support, picnic tables, portable washroom facilities; - Port Burwell Historical Society Canada Day parade assistance; - Port Burwell - Bayham Legion Br 524 Armistice parade staff assistance; - Santa Claus Parade Committee (Lions) parade staff assistance and road closure (excepting parade insurance); - Port Burwell Historical Society beach area for Canada Day; and Page 10 of 16 Minutes of the regular meeting of council held April 16, 200... Page 18 of 309 Council Minutes April 16,2009 - St. Lukers Anglican Church Guild Vienna Memorial Park for 2 events. A¡ID THAT Council provide municipal cash assistance as follows: Plowing Match $3¡75 East Elgin Community Assistance Program (Corner Cupboard) $1,000 Elgin County Plowman's Assoc. $200 OV Chamber of Commerce $181 (wage) Port Burwell Community Childcare $500 Port Burwell Historical Society (Canada Day) $500 Tillsonburg & District Multi-Service Centre $500; A¡{D THAT the Straffordville Lions Club request for fee waivers at the Straffordville (Bayham) Community Centre lor 2l meetings, 4 annual events and weekly bingos be approved; AND THAT all applicable cleaning fees shall apply' CARRIED I.]NANIMOUSLY (Ð Staff Report F2009-31 regarding Building Canada Fund Agreement. File: F05 2009-213 Moved by Councillor M Taylor Seconded by Councillor W Casier ''TIIAT Staff Report F2009-31, regarding Building Canada Fund Agreement be received; AND THAT By-Law No. 2009-054, being a by-law to authorize an agreement between the Municipalilty of Bayham and Her Majesty the Queen in Right of Ontario regarding the Building Canada tr'und be presented to Council for enactment.r' CARRIED UNANIMOUSLY (g) StaffReport H2009-07 regarding Performance Appraisal Program. File: H 2009-214 Moved by Councillor W Casier Seconded by Councillor E Ketchabaw I I THAT Staff Repor t H2009 -07 regardin g Performance Appraisal Pro gram be received; AND THAT the Bayham Confidential Performance Appraisal Program as attached to report H2009-07 be adopted." CARRIED UNANIMOUSLY (h) Staff Report C2009-05 regarding 2010 Election Items. File: C07 2009-215 Moved by Councillor M Taylor Page 11 of16 Minutes of the regular meeting of council held April 16, 200... Page 19 of 309 Council Minutes April 16,2009 Seconded by Councillor W Casier TTTHAT Staff Report C2009-05, regarding 2010 Election ltems, be received; AND THAT staffbe directed to review and report alternative voting methods for the 2010 Municipal election process." CARRIED UNANIMOUSLY (i) Correspondence dated April 13, 2009 from Wanda Hoshal regarding "Delegation to Discuss Cunent Situation in Estherville". File: S09 2009-2t6 Moved by Councillor M Taylor Seconded by Councillor W Casier "THAT correspondence from Wanda Hoshal regarding Current Situation in Estherville be received. rr CARRIED UNANIMOUSLY û) Conespondence received from Bayham Historical Society regarding letterhead for ttre Historical Society. File: C13 2009-217 Moved by Councillor W Casier Seconded by Councillor M Taylor "THAT correspondence from Bayham Historical Society regarding letterhead be received; AND THAT the Bayham Historical Society be advised that general use of the Bayham logos cannot be supported, however individual letters or campaigns can be considered by Council as they arise." CARRIED UNANIMOUSLY (k) Request from Tammy Thiessen to hold a wedding at the Port Burwell Memorial Park on August 15,2009 with approximately 200 - 250 guests. 2009-218 Moved by Councillor W Casier Seconded by Councillor M Taylor "THAT the request from Tammy Thiessen to hold a wedding and reception at the Port Burwell Memorial Park on August 15,2009 be received; AND THAT Council approves use of the Port Burwell Memorial Park for a wedding ceremony only on August 15, 2009 subject to: . provision of liability insurance coverage Page 12 of 16 Minutes of the regular meeting of council held April 16, 200... Page 20 of 309 Council Minutes April 16,2009 o cleanup of the park is the responsibility of the users.f r CARRIED I.INANIMOUSLY (l) Staff Report C2009-006 regarding Cemetery Care Services. File: L04 2009-219 Moved by Councillor W Casier Seconded by Councillor M Taylor "THAT StaffReport C2009-006 regarding Cemetery Care Services be received; AND THAT the price quote submitted by Ground Effects Landscape & Design for cemetery care services be accepted; AI\D TIIAT By-law 2009-057, being a byJaw to authorize the execution of an agreement between the Municipality of Bayham and Ground Effects Landscape & Design for the provision of cemetery care services, be presented to Council for enactment." CARRIED TINANIMOUSLY (m) MOTION TO EXTEND LENGTH OF MEETING 2009-220 Moved by Councillor M Taylor Seconded by Councillor E Ketchabaw ffTHAT in accordance with Section 12 of Procedural By-law 2002-93, Council shall deal with business until 11:30 p.m. at its meeting of April 16th, 2009." CARRIED UNANIMOUSLY 10. EIIVIRONMENT (a) Staff Report E2009-005 regarding MOE Drinking Water System Inspection Report. File: E03 2009-22r Moved by Councillor M Taylor Seconded by Councillor W Casier I'THAT StaffReport 82009-005, regarding MOE Drinking \ilater System Inspection Report, be received for information." CARRIED UNANIMOUSLY (b) Correspondence dated March 26,2009 from Elgin Area Primary Water Supply System regarding "Elgin-Middlesex Pumping Station 2008 - Aylmer Secondary Water Supply System Compliance Report". (full report available at the office of Clerþ File: E08 Page 13 of 16 Minutes of the regular meeting of council held April 16, 200... Page 21 of 309 Council Minutes April 16,2009 2009-222 Moved by Councillor W Casier Seconded by Councillor M Taylor "THAT Correspondence from Elgin Area Primary Water Supply System regarding Elgin-Middlesex Pumping Station 2008 - Aylmer Secondary \ilater Supply System Compliance Report be received; AND TIIAT Council acknowledges receipt of the report to meet specific reporting obligations." CARRIED TINANIMOUSLY (c) Correspondence dated March 31,2009 from Elgin Area Primary Water Supply System regarding "Development of Regulations and knplications for the Lake Huron & Elgin fuea Primary Water Supply Systems". File: E08 2009-223 Moved by Councillor E Ketchabaw Seconded by Councillor W Casier T'THAT correspondence dated March 3112009 regarding Development of Regulations and Implications for the Lake Huron & Elgin Area Primary \ilater Supply Systems be received for information." CARRIED IINANIMOUSLY (d) 2008 Year End Financial Statements for the Elgin fuea Primary Water Supply System. File: E08 2009-224 Moved by Councillor W Casier Seconded by Councillor M Taylor I'THAT the 2008 Year End tr'inancÍal Statements for the Elgin Area Primary Water Supply System be received / for information.rr CARRIED UNANIMOUSLY 11. COMMITTEE OF THE WHOLE (a) In Camera. 2009-225 Moved by Councillor M Taylor Seconded by Councillor W Casier "TIIAT the Council do now rise to enter into an "In Camera" Session of Page 14 of 16 Minutes of the regular meeting of council held April 16, 200... Page 22 of 309 Council Minutes April 16,2009 Committee of the Whole at 11:15 p.m. to discuss: o a proposed or pending acquisition or disposition of land by the municipality or local board." CARRIED UNANIMOUSLY (b) Confidential item regarding acquisition or disposition of property (c) Out of Camera. 2009-226 Moved by Councillor W Casier Seconded by Councillor M Taylor I'THAT the Committee of the Whole do now rise from the "In Camera" session at 11:35 p.m." CARRIED UNANIMOUSLY 12. BY.LAWS (a) By-Law 2009-044 A By-Law to regulate the erection, construction and use of mail boxes (defened from Apr 2) This item was defened until the next Council meeting, Thursday, May 7,2009 (b) By-Law 2009-052 A By-law to assume and establish lands (Carson Line) (c) By-Law 2009-053 A By-law to authorize the execution of an agreement (Daniel) (d) By-Law 2009-054 A By-law to authorize the execution of an agreement (Building Canada Fund) (e) By-Law 2009-055 A By-law to further amend By-law 2005-102 (Rates and Fees) (Ð By-Law 2009-057 A by-law to authorize the execution of an agreement (Cemetery Care Services) (g) By-Law 2009-058 A By-law to authorize the execution of an agreement (Landscape Services) 2009-227 Moved by Councillor W Casier Seconded by Councillor E Ketchabaw "THAT By-Laws 2009-052, 2009-053, 2009 -054, 2009-055, 2009-057 and 2009-058 be read a first second and third time and finally passed." Page 15 of16 Minutes of the regular meeting of council held April 16, 200... Page 23 of 309 13. Council Minutes April 16,2009 CARRIED UNANIMOUSLY (h) By-Law 2009-056 A By-law to confirm all actions of Council 2009-228 Moved by Councillor E Ketchabaw Seconded by Councillor W Casier 'iTHÄT confirming By-Law 2009-056 be read a firsÇ second and third time and finally passed." CARRIED UNANIMOUSLY ADJOURNMENT (a) Adjounment 2009-229 Moved by Councillor M Taylor Seconded by Councillor E Ketchabaw "THAT the Council meeting be adjourned at 11:36 p.m." CARRIED UNANIMOUSLY MAYOR Page 16 of 16 Minutes of the regular meeting of council held April 16, 200... Page 24 of 309 Municipality of Bayham Joint Cemetery Board Meeting Minutes Bayham Municipal Office Council Chambers FT ¿DÇ Tuesday, April 21,2009 at 7:00 p.m. Present were: Ralph Carter, Jim Tait, Vera and Theodore Dickhout, Tracey Davies, Redvers Conod, George Beard, Jim Tupper, Tom Godby, Robert Gregson, Joe Neville,Carl Biro, Jim Elliott, Peter V/all, Isaak Banman, Peter Neufeld and Lynda Millard, Secretary. 1. Call to Order & Appointment of Chairman The Secretary called the meeting to order at7:00 p.m., welcomed new members and requested the appointment of a Chairman. Moved by Theodore Dickhout Seconded by Redvers Conod ú6That Robert Gregson be appointed as Chairman for the meeting." Canied Mr. Gregson assumed the Chair. 2. Approval of Minutes of meeting held November 2512008 Moved by Jim Tait Seconded by Carl Biro "That the minutes of the Joint Cemetery Board meeting held November 25r 2008 be approved as circulated." Carried 3. Business from minutes In response to a request by "church representatives for permission to dig burial plots" the following excerpt from the Procurement By-law 2004-009 was provided: "suppliers will be required to províde proof of ìnsurance along with a WSIB cleørance certiJicate (or municipøl waiver, ,Í øpplicable) lor øll contrscts. Insurance requiremenß will be detailed in the procurement documentøtion ønd must be adhered to throughout the term of the contract." A "Certificate of insurance" is required with a minimum of $2 million liability insurance coverage, naming the Municipality of Bayham as an additional insured. Concerns were raìsed by members that the requirement to provide proof of liability ínsurance coverage removes the abìlity of the Boards to provide a locøl youth / student wíth a part-time grøss cuttìng job. The Secretary was requested to ensure this concern was brought to the attention of Council. Draft minutes of Joint Cemetery Board Meeting held April 21,... Page 25 of 309 Cemeteries Minutes .) -L-April2l,2009 4. Correspondence & Reports (a) Staff Report Cem2009-06 regarding Cemetery Names and Signage was presented by the Secretary. Discussion ensued regarding the various aspects. T Davies advised thqt she supported retaining both the Calton and VanPine nomes. B Gregson noted that the vinyl sign donated to the Smuck is still adequate. C Biro noted that Straffirdville would be installing a new gate and may need a replacement sign if the overhead metal one will no longer be suitable. Moved by Tracey Davies Seconded by Carl Biro '6That Staff Report Cem2009-06 be received; That the Joint Cemetery Board recommends to Council that the following names be approved to clearly identiff specific Municipal cemeteries: Bayham \ilest Old Eden Old Richmond Best Estheville; That the quote from McBain Signs & Graphic Design Inc. for signage described as: tr 2'x4'x.080 aluminum, be accepted, and upon support by Council' installation be arranged for Firby, Old Eden, Old Richmond, Best, Dobbie, Amerman, Eden, Otter Valley, Estherville, (and Stanton if necessary), subject to budget constraints; And That the necessary entities affected be advised upon approval." Carried (b) Verbal update regarding consideration for cremation plots. It was advised that the Straffordville board would discuss cremation plots at their next meeting. It was noted that Calton members would consider including cremation plots when a survey ofthe new section is undertaken. (c) 2009 grass cutting / landscape contractor service arrangements for individual Boards. The Secretary advised that some reasonable quotes had been received for the abandoned cemetery grass cutting and offered to obtain additional quotes for their sites. She will obtain quotes and advise as appropriate. (d) Ministry of Small Business & Consumer Services, Cemetèries RegulationfUnit correspondence dated April 15ft Notice regarding submission of reports. Draft minutes of Joint Cemetery Board Meeting held April 21,... Page 26 of 309 6. Cemeteries Minutes -J-April2l,2009 Lynda reminded the Secretary-Treasurers of the importance of submitting year- end documents to the Municipality on time, in order to meet auditing and provincial deadlines. 5. Member Training Workshop - forms As several members showed interest, a training workshop will be held Tuesday evening, June 9ú, at7:00 p.m. at the Bayham Municipal Office. All those interested are welcome to attend. Other Business Robert Gregson noted that he had spoken to the owner of the property abutting the Smuck cemetery, and that the owner is willing to sell a portion approximately 20' x 300' to the Municipality for cemetery purposes. It was suggested that the Board hold a meeting and members pass a resolution recommending purchase of the property and submit, with details, to Council for approval. Mr. Banman noted that the church at Mount Salem no longer wished to hold the rights to several plots at the Calton Cemetery, purchased some time ago. The Secretary advised that the Repurchase of Interment Rights Request form would need to be completed and submitted for the remainder of the lots, and that refund of the Care and Maintenance portion would be forfeited. She provided Mr. Banman with copies of the form and agreed to provide him details. Members Concerns Site needs were identified as follows: tr replacement or repair of fence on the south side along the Best Line; tr cut and removal of pine trees at Calton; tr background on overhead sign to be painted black, driveway marker stones to be painted white, cut and removal of dead pine hanging towards road at Guysboro. Next Meeting & Adjournment Moved by George Beard Seconded by Joe Neville "That the meeting be adjourned at 9:00 p.m., to meet at the Municipal Office on Tuesday November 24,2009 at 7:00 p.m. Canied Chairman 7. 8. Date Approved: Secretary Draft minutes of Joint Cemetery Board Meeting held April 21,... Page 27 of 309 Page 28 of 309 Municipality of Bayham Joint Cemetery Board Meeting Minutes Bayham Municipal Office Council Chambers FT ¿DÇ Tuesday, April 21,2009 at 7:00 p.m. Present were: Ralph Carter, Jim Tait, Vera and Theodore Dickhout, Tracey Davies, Redvers Conod, George Beard, Jim Tupper, Tom Godby, Robert Gregson, Joe Neville,Carl Biro, Jim Elliott, Peter V/all, Isaak Banman, Peter Neufeld and Lynda Millard, Secretary. 1. Call to Order & Appointment of Chairman The Secretary called the meeting to order at7:00 p.m., welcomed new members and requested the appointment of a Chairman. Moved by Theodore Dickhout Seconded by Redvers Conod ú6That Robert Gregson be appointed as Chairman for the meeting." Canied Mr. Gregson assumed the Chair. 2. Approval of Minutes of meeting held November 2512008 Moved by Jim Tait Seconded by Carl Biro "That the minutes of the Joint Cemetery Board meeting held November 25r 2008 be approved as circulated." Carried 3. Business from minutes In response to a request by "church representatives for permission to dig burial plots" the following excerpt from the Procurement By-law 2004-009 was provided: "suppliers will be required to províde proof of ìnsurance along with a WSIB cleørance certiJicate (or municipøl waiver, ,Í øpplicable) lor øll contrscts. Insurance requiremenß will be detailed in the procurement documentøtion ønd must be adhered to throughout the term of the contract." A "Certificate of insurance" is required with a minimum of $2 million liability insurance coverage, naming the Municipality of Bayham as an additional insured. Concerns were raìsed by members that the requirement to provide proof of liability ínsurance coverage removes the abìlity of the Boards to provide a locøl youth / student wíth a part-time grøss cuttìng job. The Secretary was requested to ensure this concern was brought to the attention of Council. Bayham Cenotaph Committee minutes of meeting held March 31, ... Page 29 of 309 Cemeteries Minutes .) -L-April2l,2009 4. Correspondence & Reports (a) Staff Report Cem2009-06 regarding Cemetery Names and Signage was presented by the Secretary. Discussion ensued regarding the various aspects. T Davies advised thqt she supported retaining both the Calton and VanPine nomes. B Gregson noted that the vinyl sign donated to the Smuck is still adequate. C Biro noted that Straffirdville would be installing a new gate and may need a replacement sign if the overhead metal one will no longer be suitable. Moved by Tracey Davies Seconded by Carl Biro '6That Staff Report Cem2009-06 be received; That the Joint Cemetery Board recommends to Council that the following names be approved to clearly identiff specific Municipal cemeteries: Bayham \ilest Old Eden Old Richmond Best Estheville; That the quote from McBain Signs & Graphic Design Inc. for signage described as: tr 2'x4'x.080 aluminum, be accepted, and upon support by Council' installation be arranged for Firby, Old Eden, Old Richmond, Best, Dobbie, Amerman, Eden, Otter Valley, Estherville, (and Stanton if necessary), subject to budget constraints; And That the necessary entities affected be advised upon approval." Carried (b) Verbal update regarding consideration for cremation plots. It was advised that the Straffordville board would discuss cremation plots at their next meeting. It was noted that Calton members would consider including cremation plots when a survey ofthe new section is undertaken. (c) 2009 grass cutting / landscape contractor service arrangements for individual Boards. The Secretary advised that some reasonable quotes had been received for the abandoned cemetery grass cutting and offered to obtain additional quotes for their sites. She will obtain quotes and advise as appropriate. (d) Ministry of Small Business & Consumer Services, Cemetèries RegulationfUnit correspondence dated April 15ft Notice regarding submission of reports. Bayham Cenotaph Committee minutes of meeting held March 31, ... Page 30 of 309 6. Cemeteries Minutes -J-April2l,2009 Lynda reminded the Secretary-Treasurers of the importance of submitting year- end documents to the Municipality on time, in order to meet auditing and provincial deadlines. 5. Member Training Workshop - forms As several members showed interest, a training workshop will be held Tuesday evening, June 9ú, at7:00 p.m. at the Bayham Municipal Office. All those interested are welcome to attend. Other Business Robert Gregson noted that he had spoken to the owner of the property abutting the Smuck cemetery, and that the owner is willing to sell a portion approximately 20' x 300' to the Municipality for cemetery purposes. It was suggested that the Board hold a meeting and members pass a resolution recommending purchase of the property and submit, with details, to Council for approval. Mr. Banman noted that the church at Mount Salem no longer wished to hold the rights to several plots at the Calton Cemetery, purchased some time ago. The Secretary advised that the Repurchase of Interment Rights Request form would need to be completed and submitted for the remainder of the lots, and that refund of the Care and Maintenance portion would be forfeited. She provided Mr. Banman with copies of the form and agreed to provide him details. Members Concerns Site needs were identified as follows: tr replacement or repair of fence on the south side along the Best Line; tr cut and removal of pine trees at Calton; tr background on overhead sign to be painted black, driveway marker stones to be painted white, cut and removal of dead pine hanging towards road at Guysboro. Next Meeting & Adjournment Moved by George Beard Seconded by Joe Neville "That the meeting be adjourned at 9:00 p.m., to meet at the Municipal Office on Tuesday November 24,2009 at 7:00 p.m. Canied Chairman 7. 8. Date Approved: Secretary Bayham Cenotaph Committee minutes of meeting held March 31, ... Page 31 of 309 Page 32 of 309 AÞ-{O Asso(i¡lion of Municipalilie; of Onl¡¡io J 200 University Ave, Suite 801 Toronto, ON M5H 3C6 Tel.: (416) 971-9856 | Fax: (416) 971-6191 E-mail: amo@amo.on ca ho, ALERT No: 09/024MEMBER GOMMUNICATION To the attention of the Clerk and Council April 17, 2009 FOR MORE INFORMATION GONTAGT: Milena Avramovic, AMO Senior Policy Advisor (416) 971-9856 ext342 F É tUJ Approval of the Used Tires Program Plan lssue: The Minister of the Environment, John Gerretsen, approved the Used Tires Program Plan on April 8, 2009. The full cost and physical responsibility of the program is now with the industry. Background: With this program, Ontario's 12 million tires will be recycled into high value end uses. The Used Tires Program Plan can be viewed at http://wr,rw.ebr.qov.on.calERS-WEB- Exte rn a l/d i sp I ayn oti ceco nte nt. d o ? n oti ce I d = MTAl OTYz&status ld = MTU4O DYz&la nq u a ge=e n The Program includes the following core components: . An aggressive scrap tire collection and recycling system that will divert 90% percent of scrap on-road tires over the first five years of the program through a program funded by tire brand owners and importers (collectively referred to as 'stewards'). . An industry-leading initiative to collect and recycle almost 50o/o of the scrap off-road tires over the first five years of the program, also funded by tire Stewards.. A comprehensive collection network for scrap tires that will make it easier for Ontario consumers and businesses to recycle their old tires.. A stockpile abatement and remediation strategy that will result in the complete elimination of scrap tire stockpiles in Ontario within three years. . Tracking systems that will help eliminate illegal dumping of scrap tires and ensure that tires are managed by service providers that have adopted best practices. . lncentives to promote sustainable development and new markets for recycled materials and innovative uses for recycled rubber products. ln the first year of the Program, this will represent a $22 million investment in the Ontario tire recycling industry, stimulating economic grovtrth and increasing capacity.. An inclusive administration modelto help strategically guide the program to bring together industry stakeholders to ensure the effective and efficient delivery of the used tires. Mu n icipar iî::î?äi"¿r"j AllO1-2 Correspondence dated April 17, 24, 27, 28 and 29 regarding "... Page 33 of 309 The Used Tires Program promotes 3Rs end-u the WDA and the Minister of the Environment' hierarchy of end-uses currently supported by t derived aggregate and fabricated products. One of the core elements of the Used Tires Pr existing scrap tire stockpiles. lt is estimated th tires currently sit in stockpiles across the Provi of the Environment to ensure an aggressive id execution of stockpile site clean-up. The implementation of the program will start Septembe r 1,2009. For those ñ+^.i^ - .^<municipalities interested in providing collection services for used tires, the Ontario Tire Stewardship will provide registered Collectors with a Used Tire Collection Allowance of $0.88 per PUT tire and $3.05 per medium truck and off-the-road tires. Action: FYI This information is available in the Policy /ssues section of the AMO website at vvww.amo.on.ca. 2-2 rr¡un ¡c¡ par ¡îl:îiËl"J."i Al'lo Correspondence dated April 17, 24, 27, 28 and 29 regarding "... Page 34 of 309 200 University Ave, Suite 801 Toronto, ON MsH 3Co Tel.: (416) 971-9856 | Far (416) 971-6191 E-mail: amo@amo.on.ca MEMBER COMMUNIGATION ALERT No. 09/026 ¡--& IJJJTo the attention of the Clerk and Council April 24,2009 FOR MORE INFORMATION GONTAGT: Judy Dezell, Project Manager (41 6) 971-9856 ext 306 REMINDER: P.J. Marshall Award Deadline May 15, 2009 lssue: The deadline for the P.J. Marshall Municipal lnnovation Award is approaching. Background: The Peter J. Marshall Municipal lnnovation Award recognizes those municipal governments demonstrating excellence in the use of innovative approaches fo improve capital and/or operating efficiency and fo generate effectiveness through alternative service delivery initiativel and partnershþs. The Award's objective is to showcase instances where Ontario municipalities have implemented and can point to tangible, measurable outcomes from new, more cost effective ways of providing public services and facilities. Awarding and profiling innovation advances creativity and strong municipal government. 1n 2008 the City of Hamilton received the Plaque Award for the Woodward Avenue Water and Wastewater Facility: Biogas Cogeneration. The 2008 Certificate of Merit was awarded to the Towns of Aurora, East Gwillimbury, Georgina, Newmarket, Whitchurch Stouffville and Township of King for their Shared Waste Diversion Strategy' Action: Complete the appropriate attached entry form and deliver to AMO's office on or before Friday, May 15, 2009. . 2009 P.J. Marshall Call for Submission Entry forms are also available on AMO's website at www.amo.on.ca - click on the AMO Conference icon. This information is available in the Policy /ssues section of the AMO website at wwW.Amg.onQ4' Association of ^lloM unicipalities of Ontario'l-1 Correspondence dated April 17, 24, 27, 28 and 29 regarding "... Page 35 of 309 Page 36 of 309 ^Hl*såff¡âünn of A{¡¡r¡ieipalili* o'f O*tarío MEMBER COMMUNICATION l--tr |.J.JJ 200 University Ave, Suite 801 Toronto, ON MsH 3C6 Tel.: (416) 971-9856 | Fax (416)971-6191 E-mail: amo@amo.on.ca ALERT No: 09/030 To the attention of the Clerk and Council April29,2009 AMO Report to Members on Apr¡l 2009 Board Meeting To keep members informed, AMO provides updates on important issues considered at regular AMO Board of Directors' meetings. Highlights of the April 2009 Board meeting follow: o Continuous lmprovement Fund: The Board was provided with an update by Andy Campbell, Director of the Continuous lmprovement Fund. This $20 million fund provides grants and loans to municipalities to execute projects that will increase the effìciency of municipal Blue Box recycling and help boost system effectiveness. Contact: Milena Avramovic, Senr'or Policy Advisor, email: milena@amo.on.ca; ext. 342. o Ontario Building Officials Association (OBOA) Self-Management Proposal: The Board received a report by Dean Finlay and Leo J. Cusumano of the OBOA regarding a proposal to the province for self-management of building officials. Contact: Brian Rosborough, Director of Policy, email: brosborough@amo.on.ca; ext. 318. . Green Energy and Green Economy Act Response: The Board was briefed on AMO's proposed response to Bill 150: Green Energy and Green Economy Act regarding renewable energy, conseryation and municipal planning. Board approved AMO's position which can be found in our April 9th Alert. Contact: Scott Vokey, Energy Servrbes Coordinator, email: svokey@amo.on.ca; ert. 357. o Provincial Budget Briefing: The Board received information regarding the municipal impacts of the Provincial Budget. Our alert on the budget can be found in our March 26 Alert. Contact: Matthew Wilson, Senrbr Policy Advisor, email: mwilson@amo.on.ca; ext. 323. . Provincial-Municipal Fiscal Service Delivery Review lmplementation Update: The Board received an update on the process for the implementation of the PMFSDR, with appointments announced for the Human Services Steering Committee, Ontario Works Funding Principles Working Group, Road and Bridge Review Working Group and the Court Security Steering Committee. A list of appointees is attached. Contact: Brian Rosborough, Director of Policy, email: brosborough@amo.on.ca; ext. 318. 1-2 uunic¡p¡¡îl:ïJä'li:fi ^Ho Correspondence dated April 17, 24, 27, 28 and 29 regarding "... Page 37 of 309 . AMO Appointments to the PMFSDR Human Services lmplementation Steering Committee: Dan Best, Director of Community Services, County of Dufferin Anne Comtois Lalonde, Administrator, Social Services, United Counties of Prescott and Russell Brian Hutchings, Commissioner, Community Services, Region of Niagara David Landers, CAO, District of Cochrane Social Services Administration Board Janet Menard, Executive Director, Human Services, Transition and lntegration, Region of Peel Patti Moore, General Manager, Health and Social Seryices, Norfolk County Joe-Anne Priel, General Manager of Community Services, City of Hamilton Mike Schuster, Commissioner, Social Services, Region of Waterloo Ronna Warsh, General Manager, Social and Health Services, City of Windsor BillWhite, CAO, District of Nipissing Social Services Administration Board Adelina Urbanski, Commissioner, Social and Community Services, Region of Halton A representative from City of Ottawa . . AMO Appointments to the PMFSDR Ontario Works Funding Principles Working Group: Dan Best, Director of Community Services, County of Dufferin Anne Comtois Lalonde, Administrator, Social Services, United Counties of Prescott and Russell Steve Gatward, Deputy Director, Social Services, Gounty of Hastings Gillian Hendry, Director, Employment and lncome Support, Gommunity Services, City of Hamilton Cindy Howard, Director, Community Services, City of London Mary Lucas, CAO, District of Thunder Bay Social Services Administration Board Janet Menard, Executive Director, Human Services, Transition and lntegration, Region of Peel Janet Patterson, CAO, District of Parry Sound Social Services Administration Board Sarah Pennisi, Director, SocialAssistance and Employment Opportunities, Niagara Region Community Services Teresa Piruzza, Executive Director of Social Support Services, City of Windsor Rod Sutherland, Manager, Social Services, City of Kawartha Lakes o AMO Appointments to the PMFSDR Road and Bridge Review Working Group: Ken Becking, Director Engineering and Public Works, City of Kawartha Lakes Dan Cowin, Executive Director, Municipal Finance Officers' Association Andrew Head, Manager of Transportation Services, Region of Halton Paul Jankowski, General Manager, Road, Region of York Norm Lemke, CAO, County of Renfrew Pat Mauro, Manager of Engineering, City of Thunder Bay Jim Pine, Chief Administrative Officer, County of Hastíngs Joe Tiemay, Executive Director, Ontario Good Roads Association Joe Torlone, CAO, City of Timmins Susan Siopis, Director of Transportation and Field Servíces, Regíon of Durham Gerry Wolting, General Manager, Corporate Services, Municipality of Chatham-Kent . AMO Appointments to the PMFSDR Gourt Security Steering Gommittee: Ron Bain, Executive Director, Ontario Association of Chiefs of Police Yvan Brousseau, CAO, Town of Kapuskasing Jim Harrold, City Manager, City of Owen Sound Fred Kaustinen, Executive Director, Ontario Association of Police Services Boards Linda McNaughton, Director of Corporate Services/ Treasurer, City of Dryden Steve Robinson, CAO, Town of Cobourg Vern White, Police Chief, City of Ottawa This information is available in the Policy /ssues section of the AMO website at www.amo.on.ca. 2-2 uun¡c¡par¡â!:î?ä'li:fi allo l'-tr rüJ Correspondence dated April 17, 24, 27, 28 and 29 regarding "... Page 38 of 309 200 University Ave, Suite 801 Toronto, ON M5H 3C6 Tel.: (416) 971-9856 | Fax (416) 971-6191 E+nail: amo@amo.on.ca MEMBER COMMUNICATION ALERT No: 09/029 To the attention of the Clerk and Council April 29,2009 FOR MORE INFORMATION CONTAGT: Petra Woltueiss , AMO Senior Polícy Advisor (416) 971-9856 ext 329 l'-tr EJJ AMO Advises Members on Changes to Funding for Local lmmigration Partnerships (LlPs) lssue: AMO has learned from a number of member municipalities that funding for some Local lmmigration Partnerships (LlPs) contracts has been postponed. Background: The Canada Ontario LlPs initiative was developed through the work of AMO's Municipal lmmigration Committee. This important initiative provided funding for communities to develop a collaborative framework to facilitate the development and implementation of sustainable local and regional solutions for successful integration of immigrants to Ontario. LlPs would help communities to put immigration on their overall planning agenda in order for communities to benefit from the successful social and economic integration of new immigrants. The LlPs were seen by many as the central building block for improved service coordination and delivery across Ontario's communities and ultimately improved outcomes for our community's newcomers. AMO has recently leamed that a number of municipalities have been advised that LlPs contracts would not be signed as some federal immigration funding for 2009 and 2010 has been reprofiled for future years. Specifics regarding what this means for the future of LlPs and the funding are unclear. AMO is advising municipalities who have negotiated or are in negotiations with Citizenship and lmmigration Canada (ClC) on their LlPs contracts to contact their regional offices to determine the status of the negotiations and contracts. Action: AMO has contacted CIC for further clarification on the future of LlPs and will continue to address this issue through the Municipal lmmigration Committee. AMO will also be communicating with the Federal lmmigration Minister for clarification on this issue. This information is availaþle in the Policy /ssues section of the AMO website atwww.amo.on.ca. Association of AHOMunicipalities of Ontario1-1 Correspondence dated April 17, 24, 27, 28 and 29 regarding "... Page 39 of 309 200 University Ave, Suite 801 Toronto, ON MsH 3C6 Tel.: (416) 971-9856 | Fax (416) 971-6191 E-mail: amo@amo.on.ca MEMBER COMMUNICATION ALERT No: 09/027 To the attention of the Clerk and Council FoR MoRE INFoRMATIoN coNrAcr: Aprit27,200e uîåi3i1i'å"iÆrs"nio.'PdcvAdvisor GRTC Ghanges National Do Not Call List - Municipal Gandidates Now Exempt lssue: Candidates for municipal office in Ontario are now exempt from the provisions of the National Do Not Call List (DNCL). Background: On April 20,2OO9, the Canadian Radio-television and Telecommunications Commission (CRTC) issued "Telecom Public Notice 2008-14" which sets out modifications to the rules governing unsolícited call made by municipal candidates for elected office. The CRTC has now concluded, "that telemarketing telecommunications made by or on behalf of non-party candidates should also be exempt from the National DNCL Rules." The CRTC has adopted the following change to the National DNCL Rules (Part ll) with the applicable change in italics below: 3.1 ln addition to the exemption set out in section 3(d), the National DNCL Rules do not apply to a telemarketing telecommunication made by or on behalf of a candidate as defined in subsection 2(1) of the Canada Electíons Act or a candidate under provincial law for the purposes of a provincial or municipal election, or by or on behalf of the official campaign of such a candidate. On September 30, 2008, the CRTC launched the National Do Not Call List (DNCL) which imposed enforceable restrictions on organisations and individuals placing unsolícited telephone calls to Canadians who had registered on the List. Exemptions from this restrictíon were granted to political parties for a municipal election but only if the calls are made on behalf of a registered political party under provincial law. ln Ontario, with no municipal political parties, this represented an unacceptable infringement on democratic activities at the municipal level in Ontario. ln early September AMO President Peter Hume wrote to the federal government and the Chairman of the Canadian Radio-television and Telecommunications Commission, urging that steps be taken to address this issue. ln response, the CRTC agreed to review these provisions and their effect on municipal candidates. The issuing of new rules to include Ontario municipal candidates responds to the original concerns AMO raised. Action: For your information. This information is available in the Policy /ssues section of the AMO website at www.amo.on.ca. 1-1 uun¡c¡pariîl:î?äi",:fi aHo Ftr ruJ Correspondence dated April 17, 24, 27, 28 and 29 regarding "... Page 40 of 309 200 University Ave, Suite 80'1 Toronto, ON MsH 3Co Tel.: (416) 971-9856 | Fax: (416) 9716191 E-mail: amo@amo.on.ca 1- É tUJ MEMBER COMMUNICATION ALERT No: 09/028 ro the attention of the Cterk and Councit 5:,åi'?ffij$ooüYJ:fl:,"]ì:11"01i,". April 28, 2009 (416) 97i-9s56 er 329 HRSDC Enabling Accessibility Fund Call for Proposals lssue: Municipalities with populations under 250,OOO can apply for up to $50,000.00 for public project's that improve accessibility through building renovations, transportation and access to information and communications. Background: The E-nabling Accessibility Fund is part of a $4S-million, three-year commitment to expand opportunitieJ for people with disabilities and improve accessibility across Canada. Eligible activities include: ' renovations for buildings within Canada that improve physical accessibility; , enhancing of existing tiansportation by modifying an existing vehicle to improve physical accessibility; and . modifying or enhancing media or hardware to increase accessibility to information and communication. All projects must be accessible to the public. Examples of eligible activities for projects include but are not limited to: ' building an interior or exterior ramp . installing wider doors or automated door openers . lowering sinks or counters . improving lighting and increasing colour contrast; . building an accessible washroom ' installing accessible door handles and light switches . installing a computer that is voice interactive . installing a wheelchair lift to a community-based vehicle The Application deadline is May 8, 2009. Projects must begin before January 1,2010, and cannot start before Human Resources and Skills Development Canada awards the grant. Action: For more information and access to the funding apptication go to: This information is avaitabte in the Policy /ssues section of the AMO website at www.amo.on.ca. 1-1 rrrunicipa|r1l:ïäi"Jr"i aì'lo Correspondence dated April 17, 24, 27, 28 and 29 regarding "... Page 41 of 309 Page 42 of 309 5 NESTLE WATERS CANADA 101 Brock Road South, Guelph, Ontar¡o NlH 6H9 TEL 519-763-9462 FAX 519-763-8156 April3, 2009 Mr. Kyle S. Kruger Administrator Municipality Of Bayham Po Box 160 Straffordville, ON NOJ 1Y0 MUNICIPALITY OF BAYHAM Dear Mr. Kyle S. Kruger, The purpose of my writing is to follow-up on my letter to you of December 3, 2008, regarding the environmental stewardship and health benefìts associated with bottled water. Over the last nine months, more than 36 municipalities and school boards across Canada have rejected resolutions to ban the sale of bottled water in their facilities Some have opted to use municipal tap water in pitchers during Council meetings and at all other internal staff meetings, which we fully support. During our discussions with municipal leaders across Canada, we have advocated for that common sense approach where potable municipal water exists. Contrary to recent media reports, just 11 municipalities and two school boards have banned the sale of bottled water on their properties over the last three years. However, rather than focus on bottled water, several thousand local governments have quite rightly determined that repairing aging water and sewer infrastructure, improving on the delivery of basic municipal services and keeping property taxes low are more important priorities. We were disappointed when the Board of Directors of the Federation of Canadian Municipalities recently urged its members to ban the sale of bottled water on civic facilities. We weren't consulted. The livelihoods of the 13,000 Canadians employed in our sector weren't considered. The millions of dollars we pay annually in taxes, including water taking fees, and philanthropic and emergency assistance were ignored. Fortunately, the resolution was not unanimously supported by the Board. Here are the facts about bottled water: Bottled Water and Health: Most Canadians don't drink bottled water instead of tap water. According to independent research fìrm Probe Research, 70% of Canadians drink both. They drink tap water at home and they drink bottled water out-of-home to support their busy, on-the-go lifestyles - and do so largely for convenience and good health. About 1% of municipal water is actually consumed by Canadians. lf the bottled water industry was to disappear tomorrow, there will be no noticeable increase in the consumption of municipalwater; About 70% of Canadians said if bottled water wasn't available, they'd consume less healthy alternatives, also according to Probe Research. Similar studies conducted amongst US consumers by Penn, Schoen & Berland Associates pegged the number at 51o/o, (\ \ Correspondence dated April 3, 2009 from Nestle Waters Canada... Page 43 of 309 . Health Canada recently identified obesity as the most critical, emerging health issue facing Canadians. About 30o/o of Canadians born after the year 2000 are obese, susceptible to diabetes and are at risk of being the first generation whose life expectancy may not exceed their parents Hence, Health Canada recommends drinking water as a key and recommended component of a healthy lifestyle;. "We do have concerns about the possible unintended consequences of removing the sale of bottled water in City-operated facilities where other nutritionally-deficient bottled drinks can remain to be offered for sale lf bottled water is not available, and access to municipal drinking water fountains is limited, then the public may opt for other drinks with higher levels of sugar, no nutritive value and a high acid content. Both the sugar content and the acidity of these beverages can have a negative health impact on the person's oral health and levels of nutrition " -- James Reffle, Director, Environmental Health and Ghronic Disease Prevention Services, Middlesex-London Health Unit. Bottled Water and the Environment: ¡ According to the provincial stewards responsible, about 60% of plastic beverage containers, including plastic water bottles, are recycled. Plastic beverage containers, including water bottles account for one-flfth of 1o/o of the waste stream. lf the bottled water industry was to disappear tomorrow, there would be no appreciable reduction in the amount of refuse going to landfill;o Plastic water bottles account for 40o/o of all plastic beverage containers, according to independent consumer research firm A.C. Nielsen. Plastic beverage containers account for 60% of all plastic containers used for food packaging purposes. Unlike many food packaging containers, plastic beverage containers are made of PET, are 100o/o recyclable and are the third most valuable commodity in the recycling stream;¡ About 97o/o of Canadians have access to recycling - and g3% of those programs offer plastics recycling. All residential recycling programs in Canada are a minimum 50% funded by Canadian bottled water producers and their partners in other industry sectors. ln a 2008 Leger Marketing study, 9ô% of Canadian bottled water drinkers indicated they recycle their plastic water bottles,. According to Environment Canada, the Canadian bottled water industry uses just .02% of permitted water in Canada compared to thermal power generation (640/0), manufacturing (14%), municipalities (12%), agriculture (9%)and mining (1%). Should you have any questions, require access to our research on bottled water or desire to discuss improving recycling methodologies through such initiatives as public spaces recycling, please contact me at your earliest convenience by telephone at 1 888 565-1445, ExT.6422 or via email at gail.cosman@waters. nestle.com. Sincerely, GailCosman President Correspondence dated April 3, 2009 from Nestle Waters Canada... Page 44 of 309 TOROI\TO STAR Should citv ban bottled water? NO: Loss of choice, convenience and revenue must be considered DOUG HOLYDAY COUN CILfOR FOR WÆD 3- ETOBICOKE CENTffi 'Wl en theboa¡d of directors fo¡ ttre Federation of Canadim Murici¡ral- ities met last week in Victoria, rep- resentatives f¡orn rnuicipâlities across Canada (including seven councillors and one staff pereon from Toronto) dealt with, as tJreir key item, a rnotion that could best be described æ an attempt ât being political-ly correct: encouragin g municipalities to phase out ttre sale oftrottled water in cit¡z facilities. One wor¡ld Ìrave thought that u- der the present circuhstances their time would have been better spent dealing witl. the current re- cession md læking for mys tl..at municipalities couldhelp stimulate tlae econolny. This is tokenism at its worst arrd it is just â drop in tl-.e bucket wtren dealing with real enwiron¡nental problems. The amor¡nt of plætic gofurg to landflrll as a ræult of water bottles is truly ¡ninimal cornpared to the overall arnount of plastic frorn other sources, Ou efforts'wouldbe better spent ùnproving our litter collectior¡ in- creasing the nmrber of products ræycled md reused a¡d trying to encouage the reduction of exces packaging Most of the wâter and otherbever- ages currently sold in ou ciÇ buildings corne frorn rnadrinesthat are the¡e for the eonvenience and choiæ of our residents and employ- ees. Ttre ban of bottled water will rernove ttris ctroice. Not everyone euies ttreir ou¡n plastic water container witb. thern, and if they wish to purehase a por- table beverage to talre witJl them to tl.e ganne or meeting or the CNE grounds, tl..e chmces æe gæd that tÌey will be forced to rnake a les-s hæItlry choice tl-an water if this banis irnplmented. One Toronto councillor hæ al- ready put forward an idea, for wtrictrhe willbe seekingcouncil ap- proval to bave ice rnachines in- stalled tl. ro.ughout Toronto CitJZ llaLl and tl-.emal containere rode available to employeæ fo r fresh m- ter at their desks- Coroideration must be giwen to tlae costs of i¡rstallation and main- tenance of ttrese ice rnachines in terrns of tllei¡ energz conzurnption md øbon fooþrint. F'uÉher, the cost of upgrading, imtallirrg md maintaining additionaÌ drinking fomtains tlrougbout cit¡z facilities would be mother ffmcial c.onsid- erâtion. If these ideas were implemented at all cit¡r facilities in Toronto, the cost would be alaming: N€lrt we can exIEct to hear that more in- spectore @lastic bottle police) will be neæssar¡l to errforce tl.e bm, The Canadian Bottled'W'ater ,As- sociation curlently is a successfr.rl putner with mmicipalities in Que- bec to redr¡ce the nrrmber of plastic containers and other recXrclables going to landfill. It ¡rso Ìras indicat- ed its interest in initiating this pro- grarn in Ontario if requested to do so. In the way of due diligence, mu- nicipalities shouldalso see.k the ad- vice of thei¡ own healtl-. mits to en- zure tllat wâter is ar¡ailable to all and tl.at the quality is up to stan- drd Theysl.ou-ld corsult \Mith the public and induslry stakeholders regarding ttre loss of consu¡ner clroice ft orrrwatÊrJoodxerÞeverag;- s. 'W?ren coreidering this Þæe of policy, factors such æ loss ofconve- nience, loss of droice, inc¡eased costs Ðd a loss of revenrre strou-ld tre taken irrto account. Ttre wa¡ on bottled water aside, itq/ill be interesting to learrr if ou delegation brings any new wortl.- wfrile ideæ back fro¡n ttre Victol.ia get-togetlrer. Correspondence dated April 3, 2009 from Nestle Waters Canada... Page 45 of 309 Correspondence dated April 3, 2009 from Nestle Waters Canada... Page 46 of 309 r - -.1The goal of the Clean Water Act is to protect the sources of municipal drinking water from poltution and overuse. The law was passed follôwing the Walkerton water tragedy and to.rms part of a multi-layer approach to protecting : drinking water from its source to the tap in your home. e Protectlon f;l I and will be co ln order to protect the sources of munrcipal drinking wateç ¡t is necessary to answer several questions: . Where cloes the water come fronr? . What activitìes on the surface could pollute the water source? . \4./here are these ¿ctivrties Iocateciz First, studies are underway to identify the areas that supply water to wells and intakes. These Wellhead Protection Areas (WHPA) and lntake Protection Zones (IPZ) are being assessed to learn their "vulnerability" - how easily pollutants can travel from the land to the well or the intake. The second question will be answered by identifying the activities taking place in vulnerable areas that could potentially threaten municipal water sources. These activities include the use and storage of materials such as industrial chemicals, farm fertilizers (natural or chemical) and even human waste four-rd in septic systems. Finally, municipalities and conseryation authorities will work together to identify the locations and assess the potential level of risk as low, moderate or significant. When the vulnerable areas and potential threats have been identified, then a Source Protection Plan will be developed to reduce the risk posed by existing threats to w,ater supplies and to prevent new ones from developing. Sou rce P rotecti on Ti m eli n e i,/atershed 5tud¡es l,.4un ici pai Technical Stud ies Terms cf Reference Ass€ssment Report(s) 5our.Ê Protectian Plans The Source Spring 2009 newsletter regarding "The Clean Water... Page 47 of 309 A Wellhead Protectton Area? 100 mgtre ZCne - That's the area where the risk to the well is highest and the greatest care should be taken in handling of all potential contami nants. 2 yeAf iime of tfAvel- ln the second ring, bacteria and viruses from human and animal waste are a concern, as are hazardous chemicals. 5 yeAf time Of tfAVel- Biological contaminants are less of a concern in the third ring but chemical pollutants remain a concern. 25 yeAf tirne oi tfAve!- The most persistent pollutants remarn a concern. For communities that rely on groundwater, computer models and other tools are being used to identify vulnerable areas where activities can threaten the municipal drinking water supply. From that information, researchers can build a Picture of the groundwater conditions around each well. ln each area there are different contaminants that couJd Pose a risk. There are two key concepts that are used to assess a wellhead area: Time of Travel Water moves slowly through the ground. The underground area feeding w'ater to a well is known as the well's 'rcapture zone." Capture zones are defined by the amount of time it takes water to travel through the aquifer to the well, called the "time of travel." Capture zones have been identified at the 1 O0-metre, two-year, five-year and 25-year time-of- travel limits. Areas on the su rface matching the caPture zones are known as "wellhead protection areas." Vulnerability Vulnerability is a measure of how easily watei (and potential contaminants) can penetrate the ground to reach the aquifer supplying the well. The Source Spring 2009 newsletter regarding "The Clean Water... Page 48 of 309 the Lake Erte Source Prctection Region? This region covers four watersheds and drains into Lake Erie. These watersheds include Kettle Creek, Catfish Creek, Long Point Region and the Crand River. A 25 person committee is responsible for developing the policies and programs to deal with significant risks to the water supply as well as reducing the opportunity for low and moderate risks to become significant. -l : The source protection committee is an independent grouP comprised of: . Farmers . Businesses ' Municipalities . Citizens . First Nations Source Protection committees have been established across Ontario in each of the Source Protection Regions as established by the Ministry of the Environment. Each committee is responsible for developing the policies and programs to deal with significant risks to the water supply and to prevent low or moderate risks from becoming signifìcant. t¡ns Poitrt ReS¡or Con*rct¡on Aulhor¡t9 Prinled on FSC cerlified paper containing 50% rec.vcled contenl including 259l. post-consumer lvaste. .Þ'-- ¡¡rOntariol*;1ru"å$"nîL".li?ii:1,"i',.',""i"* The Source Spring 2009 newsletter regarding "The Clean Water... Page 49 of 309 An lntake Protection Zone? For communities that rely on surface w'ater, computer forecasting and modeling is used to determine lntake Protection Zones. These ã,. ut"ut where a spill or leak may threaten the water supply so quickly that there may noi b" enough time to warn a community to shut its water intake. For a river intake, researchers have to take into account riverflows-inbothhighandlowflowconditions-since this can have a significãnt effect on time of travel' They have to look at streams feeding into the river' They also have to know where municipJ storm sewers or rural drains enter the river. The land surrounding the river, streams, sewers and drains b".ot", part of theintake Protection Zone 0P71)' ln the case of "n inttku on a Creat Lake, a one-kilometre zone (lPZ1) is established around the intake which' in some cases, may include shore areas' ln addition, a second zone (lPZ2) is created that includes a larger area that can have an impact on an intake' intak?, Prcteetirsn Zones (iPZ) are ihe 'irecs ci lani anC "vcter t-)psiíeci,) of the Munici'pclit¡e5' "t'tit:?í tr¡take where spe-ciiiiíilr'r rÎ- :;¡ be:oken in the use artd hcn'Jiirtç c!'poi.ei titai tc!1tan¡tcí'''5 To learn rnore about the Clean Vlater Act and source water protection visit Th e M u lti-Ba r r i e r SYStem Protecting water sources is part of a mLrlti-bariier system to keeping municipal drinking lvater frorn becoming contaminated or depleted' Each barrier provicles an addecl layer of security for municipal water suPPlies' to protect water before it enters the treatmenV d istribution sYstem' The five barriers are: 1 . source water Protection 2. adequate treatment 3. a secure distribution sYstem 4. proper monitoring and warning systenrs 5. well thought-out responses to problems The Source Spring 2009 newsletter regarding "The Clean Water... Page 50 of 309 5 Detachment Com Report MUNICIPALITY OF BAYHAM ELGIN GROUP f-\ì -f Police Services Board March 2OO9 Detachment Commanders Report "lE4ceffence'in wfiat we [o, Integrity in wño we øre" Won CoX- Ircpector - (Detacñment Commanler Elgin Group Police Services Board Detachment Commander's Rep... Page 51 of 309 Elgin County O.P.P. 42696 John.Wise Line St Thomas, Ontario N5P 3S9 Tel: (519) 631-2920 Fax: (519 631-2923 April 7th, 2009 MEMORANDUM Elgin Group Police Services Board 450 Sunset Drive St. Thomas, Ontario NsR 641 Attention: Mr. Chairman, and Police Service Board Members I am pleased to present the March 2009 Report. This report includes three sections: . General information Update . Business Plan Gommitments & lnitiatives . Financial Reports Ryø,tvCov lnspector Detachment Commander Elgin County OPP 2 Elgin Group Police Services Board Detachment Commander's Rep... Page 52 of 309 General Information . Provincial Constable Anne Fisher has submitted her resignation effective April 30th. Anne has completed 16 years of service. Anne is joining her husband Brian who recently retired on December 31tt. . Provincial Constable Perry Graham will transfer to the Highway Safety Division April 2o|¡'. . Four recruits who are assigned to the Elgin County Detachment graduated from the Ontario Police College on April 2nd. They will report for duty at our detachment after five weeks of orientation training at the OPP Academy on \Aay 12th. Auxiliarv Unit Auxiliarv Patrol Hours llllonth 2008 2009 January 270 109 Februarv 272 113 It/arch 3U April 2Æ lvhv 312 June 301 Julv 351 Auor-st 2% September 228 Oct¡ber 215 Nolember 216 December 110 Year to Daþ 3114 22. Elgin Group Police Services Board Detachment Commander's Rep... Page 53 of 309 Business Plan lnitiatives and Gommitments Results Driven Policing A joint crime initiative with St. Thomas and Aylmer Police services is being planned for the week of May 11-1lth lt will be conducted in the same fashion as the one in December 2008. This initiative will lead into the Victoria Day long weekend. General lncidents 2008 & 2009 Elqin Group Area Provincial Area Totals 2008 2009 2008 2009 2008 2009 657 788 149 179 806 967 666 638 192 122 858 760 591 601 149 106 740 707 730 164 894 820 181 I 001 959 150 1109 996 165 1161 904 173 1077 846 161 906 783 149 932 683 164 847 694 133 827 9329 2027 1930 407 11158 2434 4 Break and Enter lncidents 2008/2009 Actual lncidents lncidents Cleared Month 2008 2009 2008 2009 Januarv 20 13 1 0 Februarv 15 8 0 0 March 16 16 1 1 April 16 1 Mav 8 1 June 16 0 Julv 18 3 Auqust 22 3 September 21 1 October 11 0 November 16 0 December I 1 I Ota¡s 188 37 12 1 Elgin Group Police Services Board Detachment Commander's Rep... Page 54 of 309 Motor Vehicle Collisions Motor Vehicle Collisions Elgin Gounty 2008/2009 Property Damage Perconallniury Fatalities Total Deer Collisions Month 2008 2009 2008 2009 2008 2009 2008 2009 2008 2009 January 77 62 13 6 0 I 89 68 24 21 Februarv 73 29 10 7 0 0 8'1 Jb 24 13 March 56 23 I b 0 0 65 29 22 '16 Aor 52 11 1 53 17 Mav 45 12 0 59 23 June 54 6 1 61 23 Juv 36 11 1 48 7 Auoust 42 12 0 54 11 September 39 12 1 52 '15 October 69 14 0 83 38 November 86 I 2 96 34 December 98 12 1 111 23 Total 727 1',|4 130 19 7 1 837 133 261 50 Deer- Motor Vehicle Collisions Elgin County 2OOBl20Og By Township Elgin Group Police Services Board Detachment Commander's Rep... Page 55 of 309 The following tables are included: o Municipal Contract Statistics - Hours of Service Table . OPP Municipal Policing - Detachment Revenue Report . Criminal Records Checks Summary Report Contract Hours of Service 2008 6 5121.O5 5121.O5 5121.O5 17198.5Year to Date Elgin Group Police Services Board Detachment Commander's Rep... Page 56 of 309 OPP Municipal Policing - Detachment Revenue Report Month Total Revenues Collected Januarv $2,911.50 Februarv $2,976.25 March $4,1 54.00 April Mav June Julv Auoust Seotember October November December Year To Date Total $10,041.75 Won CoX lnspector Elgin County Detachment 7 Griminal Record Checks 2009 Jan Feb Mar Apr May Jun Jul Auq Sept Oct Nov Dec Total Vulnerable Screeninq 161 144 112 417 Regular 14 26 38 78 Total 175 170 150 o o 0 o 0 0 0 o o 495 Elgin Group Police Services Board Detachment Commander's Rep... Page 57 of 309 Elgin Group Police Services Board Detachment Commander's Rep... Page 58 of 309 5 From: Sent: To: Subject: com m unicate@amo.on.ca Wednesday, April22,2009 4:19 PM Lynda Millard LAS Audit++ Report Results Coming Soon! TO THE TMMEDIATE ATTENT]ON OF THE CLERK AND COUNC]L çlt,\ t''\ l' ^ (') As CAO and/or Clerk for your municipality you provide strategic feadership on a range of pressing issues of interest to the municipal sector. SimiJ-arly, Local Authority Services (LAS) works with etected officials and senior l-evef staff from across Ontario to provide support on issues such as energy conservation through the principles of economies-of-scal-e and co-operative procurement efforts. You witf have or are about to recelve in the mail a box containing 3 binders containing case studies from our recently completed Audit++ Program. lrie ask that you help the knowledge transfer intended under this program by passing these binders onto staff and/or council- interested in energy management. The Audit++ Programf which was rolled out across Line 42 sites from May 2008 to February 2009, combined a number of val-uabfe services for each participating facility, incJ-uding: * Pre-audit communications and i-nformation collection with focal staff* Historlcaf energy use analysis incfuding creation of a foad proflle* An lntroductory meeting with local stakehol-ders to provide overview of energy -issues* A full day assessment of facility and equipment focusing on energy impacts* Interactlon with facil-ities personneJ- to understand local operating and management practices* Metering and l-oad profiling of key equipment* DeveJ-opment of a RETScreen profile and related assessment of current performance and opportunities for energy efficiency retrofits, as wefl- as reconmendations to improve operating practices* Devetopment of an Audit Report that functions as a blend between a deta-ifed audit and basic re-commissioning report* Evafuation of retrofit projects for federal-, provinciaf and utility funding* Development of an Implementation Report that detaifs the operational and technoJ-ogical improvement opportunities discovered during the shared audit, as well with an explanation of how to realize these opportunities and financial analysì-s detaifs that may be used to seek and justify necessary capitaÌ support* A full day post audit c.l-assroom session on energy management and review of i-mprovement plans* An update of reports to include feedback from classroom sessions The purpose of the Audit++ was to help meet the Greenhouse Gas Emissions Targets set for the municipal sector in the Province's Go Green Action Pfan on Cl-imate Change by building l-ocal energy management capacity, positioning recipient municipaÌities to appÌy for the retrofit support under the MECF and other incentive programs, and adding to the best practice l-iterature being developed by LAS for disseminatlon across the province. LAS maintains that the cost-effectiveness of reducing GHGs through energy efficiency projects is unsurpassed while the operating savings and job creation in focaf municipaÌlties are welcome spin-of f s. The 42 facifities in the Audit++ Program covered a wide spectrum j-n terms of size, function, co.r"r*þtion, and equipment use. Considerabfe opportunities were identified in each of Llne 42 facilities and ranged from routine maintenance procedures to dramatic al-terat.ions of building operating systems that often incfuded renewable energy systems. Ïn total-, t]ne 42 faclfities consumed over I00,410,000 ekbih per year (55,966,000 of efectricity and 44,444,000 of fuef) durj-ng 2007, which resul-ted in 20,335 tonnes of greenhouse gas emissions. To sequester this amount of carbon we would have to plant approximately 33,000 acres of forest (US EPA figures) . The average operating cost savings per site was $26,980.95 on a total- investment of ç6,418,600 for aLI 42 sites, which amounts to an approximate simple payback of 5.12 years. Fortunately, the Audit++ team identified considerabfe savings potential. Thank you for your cooperation in helping to make our conmunities glreener and more 1 AMO Communication dated April 22, 2009 regarding "Local Auth... Page 59 of 309 efflcient, Scott Vokey Energy Services Coordinator svokey@amo. on. ca (mailto: svokeyGamo. on. ca> ff you have problems opening the attachment(s) please call AMO/LAS at (416) 971-9856. PLEASE NOTE AMO/LAS communications wilf be broadcast to the municipality's administrator and cferk. Recipients of the AMO/LAS broadcasts are free to redistribute the AÌ4O/LAS broadcasts to other municipal staff and elected officiafs as required. We have decided Lo not add other staff to these broadcast lists in order to ensure accuracy and effj-ciency in the managemenl of our various broadcast l-ists. DISCLAÏMER These are finaf versions of AI4O/LAS documents. AMO/LAS assumes no responsibility for any discrepancies that may have been transmitted with the efectronic version. The printed versions of the documents stand as the official record. AMO Communication dated April 22, 2009 regarding "Local Auth... Page 60 of 309 Minlster Minletre déléguee Responsible for aux Aflaires desSEnlors personnes âgées 5ù Floor, Mowat Block 5" étage, álifice Mowat 900 Bay Street 900, rue Bay Toronto ON M7A 112 Toronto (Ontario) M7A1L2 Tel: (416) 325-1660 Tél: (416) 325-1660 Fax (416) 325-1726 Téléc: (416) 325-1726 Þ'\ t l.' Dear Friend: June 2009 marks the 25ü anniversary of Seniors' Month in Ontario. This year's theme is "Creating Age-Friendly Communities". The theme celebrates Ontario's seniors and recognizes the tremendous contributions they make to our communities. Teamwork by local businesses, non-profit groups, municipalities and individual res¡dents assists the creation of Age-Friendly Communities. To find out more about making your community age- friendly, please visit the Ontario Seniors' Secretariat website at www.ontarioseniors.ca. I encourage you to honour local seniors by attending and hosting events in your communit¡es. Please let us know how you are plann¡ng to celebrate Seniors' Month so we can promote your event on our website calendar. You willfind an Event Notice Form on our Seniors' Month 2009 pages at www.ontarioseniors.ca. Please also mark your calendars for June 15: World Elder Abuse Awareness Day. By wearing something purple that day, we will demonstrate that we are united in the belief that elder abuse cannot be tolerated. For more information, visit the lnternational Network for the Prevention of Elder Abuse website at www.inpea.neVweaad.html. The Ontario government is proud to celebrate 25 years of honouring our seniors. I look forward to hearing about the many ways you are celebrating seniors in your community this June, Thank you for your interest in honouring Ontario's seniors. Yours truly, Minister Correspondence from Minister Responsible for Seniors regardi... Page 61 of 309 Page 62 of 309 I*I Human Resources and Skills Development Canada Ressources humaines et Développement des compétences Canada <\J CEIVE APR 2 7 2009 Dear Sir/lvladam:MUNICIPALITY OF BAYHAM Please find enclosed a nomination brochure and poster for the 2009 Thérèse Casgrain Volunteer Award. The 2009 award will be presented to two exceptional volunteers - one for Youth Participation (from the age of 18 to 30) and one for Lifelong Commitment (from the age of 31 and over). The award recognizes volunteers from communities across Canada. Recipients are individuals whose social commitment and p ersistent efforts have contributed signifi cantly to the well-being of their fellow Canadians. The award also honours the memory of Thérèse Casgrain, who was the force behind various social reforms promoting justice and equality and whose actions continue to serve as an example to all. I encourage you to share this information with your colleagues and to invite others to participate in the nomination process. The call for nominations is open until June 19, 2009. AVR I I ]flí-r.ìAPR ¿. ¡ stlu., Madame, Monsieur, VL{ r-ì .,1 Vous trouverez ci-joint, une brochure et une affiche de mise en candidatwe pour le Prix Thérèse-Casgrain du bénévol at de 2009. Le Prix de2009 sera décerné à deux bénévoles exceptionnels - un pour Participation jeunesse (de 18 à 30 ans) et un pour l'Engagement de toute une vie (31 ans et plus). Le Prix sert à souligner le travail de bénévoles de toutes les collectivités du Canada. Les lauréats sont des personnes dont I'engagement social et la persévérance' ont contribué de façon considérable au mieux-être de leurs concitoyens. Le Prix est aussi décemé à la mémoire de madame Thérèse Casgrain, qui a été f instigatrice de diverses réformes sociales qui ont favorisé la justice e|l'égalíté et dont les actions continuent de servir d'exemples à tous. Je vous encourage àpartager cette information avec vos collègues et à inviter d'autres persorutes à participer au processus de mise en candidature. L'appel de mises en candidatures est ouvert jusqu'au 19 juin 2009. FìE Canadä l2 Correspondence dated April 21, 2009 from Human Resources and... Page 63 of 309 -2- Additional brochures and information on the award can be found on Human Resources and Skills Development Canada's V/eb site under Community Partnership at www.hrsdc . gc.cal en;gl community¡lartnerships/t herese_casgrain/index.shhl or you may contact departmental officials at 1 -866-46 8-437 7 . Thank you for helping in the promotion of this prestigious award. D' autes brochures et renseignements concemant te Prix peuvent être obtenus sur le site Web de Ressources humaines et Développement des compétences Canad4 sous Partenariats communautaires, à I'adresse suivante : www.rhdcc . gc.cal fr alpartenariats-communautaire s/therese_casgrain/index. shtml, ou en communiquant avec des fonctionnaires du Ministère, au 1 -866-4 68-437 7 . fe vous remercie de nous aider à faire la promotion de ce prix prestigieux. (.-- >_ (') Liz Rootham Director General, Community Development and Partnerships Directorate Directrice génerale, Direction du développement communautaire et des partenariats Correspondence dated April 21, 2009 from Human Resources and... Page 64 of 309 THE DEADTINE IOR NOMINATION' I5 .,UNE, 19,2OO9 THE AWARD RECOóNIZE5 INDIVIDUAL' WHO5E SOCIAL COMMIT^^ENT AND PER'I'TENT EFFORT9 HAVE CONTRIBUTED 5I6NIFICANTLYTO THE WELL-BEINC OF THEIR FELLOW CANADIANs. AWENP CATEGORIEg: ONE YOUTH PARTIcIPATIoN AWARD (¡no¡u\ THE AóE oF 1B ro ]O) ONE IIFEIONG COMMITMENT AWARD (TRO¡U\ THE AóE OF } 1 RNP OVTR) FOR MORE INFoRMATIoN, PLEAsE VI5IT www.HRSD<.G<,<A oR CoNTACT U5 AT: THÉnÈse CAsóRAIN VoLUNTEER AWARD SEcRETARIAT HUMAN REsouRCES AND 5KILLs DEVELoPMENT CANADA ] ] ] NORTH RIVER RoAD, PLACE VANIER, TowER A, 2 ND FLooR OTTAWA, ONTARIo K1 A OL1 TELEpHoNE: 1-866-468-4)77 | FAX: ó 1)-948-7 5)l OR SEND U5 AN EMAIL U5IN6 THE SEcURE EMAIL FoRM FoUND AT: WWW. H R'D<.GC.C.NÊNGI(ORPORATE,/<ONTACT US/ <P/T<V A.SHT,!tL l*I $i:låiå" Îiå"iffr"* Correspondence dated April 21, 2009 from Human Resources and... Page 65 of 309 Page 66 of 309 nr:,f-o Diversifying the Economy of South Gentral Ontario Region (scoR) \ l'- t. The South Central Ontario Region is a municipal partnership comprised of the counties of Brant, Elgin, Middlesex, Norfolk and Oxford, working collectively to develop a long-term economic revitalization and diversification strategy for the region. The SCOR Partnership recognizes that taking a regional approach to economic development ís important to improving the vitality and sustainability of our communities. By working together, we can harness the region's potential and become a rural economic powerhouse for the Province of Ontario and Canada. Significant progress has been made with respect to business planning with volunteer working groups developing a list of 15 recommended priorities for action. The SCOR Executive Committee is seeking community input prior to finalizing the recommendations for submission to the SCOR partners. Your opinions and comments on the priorities for action are needed. Join us at one of the five stakeholder meeting being held across the region from 7:00-8:00 p.m. Monday, May 11,2009 Goldstream Community Centre,10227 Ilderton Road (north of Egremont Dr) Tuesday, May 12,2009 Burford Gommunity Centre & Arena, Burford (Potter Drive) Wednesday May 13, 2009 Delhi District German Home, 43 James Street (Hwy 3), Delhi Thursday May 14,2OOg Shedden Keystone Gomplex, 35921 Talbot Line (Hwy 3), Shedden Wednesd"y, May 20,2009 Nonvich Gommunity Gentre,53y2 Stover Street South (Hwy 59), Nonrich Please note that public open houses will be taking place from 4:00-5:30 p.m. (same dates and locations). More information is available at www.scorregion.com. Comments can be made online at www.scorregion.con by following the links to Gommunity Survey. Correspondence from South Central Ontario Region regarding "... Page 67 of 309 SCOR Strategic Management Plan Business Planning Produces l5 Priorities for Action The volunteer working groups have reported to the SCOR Executive Coml,,,,..o= c, rv ,,crys recommended fifteen (15) priorities for action. lmplementation of the 15 priorities for action will: . Greatly contribute to achievement of the SCOR Vision & Goals.. lmmediately respond to the challenges of economic change and decline being experienced throughout the region.. Strategically invest in people, businesses, communitíes and infrastructure vital to the diversification of the regional economy.. Bring an estimated investment of $760M from public sources into the regional economy with approximately $700M going to public infrastructure.. Private investment will match or follow.. Create an estimated 15,500 jobs across the region within five years.. Become a model of rural economic revitalization demonstrating ways to sustain and expand agriculture while adding and expanding complementary rural and urban economic activity. The SCOR Executive Committee have reviewed the priorities and are now seeking community input before recommending them to the SCOR Partners - Brant, Elgin, Middlesex, Norfolk and Oxford. The 15 priorities for action proposed by the working groups are: 1. Maintaining the Gompetitive Edge The five Counties maintain a supportive business environment in the region. With the commitment of the SCOR Partners to a regional approach to economic revitalization and diversification and adoption of the SCOR Vision and Goals, it is important for the Partners to ensure that the region, as a whole remains competitive. Both our rural and urban communities must be supported in their efforts to improve their quality of life. Working Groups recommend that the SCOR Partners review the region's regulatory environment including policies, programs, taxes, fees and charges to ensure that the new directions set out in the SCOR Vision & Goals are being supported to the greatest extent possible across the region. lt is recognized that there are both single-tier and two-tier Counties in the region and this must be taken into account in the review process. Also recommended is advocacy with senior levels of government and their agencies'for regulatory change that minimizes barriers and supports achievement of our Vision and Goals. 2. Supporting Entrepreneurship Sustainable economic growth and diversification of the SCOR economy will be driven by entrepreneurs and businesses ín all sectors of our economy. They need and want focused business support that is coordinated across the region. Correspondence from South Central Ontario Region regarding "... Page 68 of 309 For example, in the short term, retention of existing manufacturing operations in SCOR is a key priority. Expansion and attraction efforts should be focused on those sub-sectors and segments where SCOR has demonstrated a competitive advantage and there appear to be good growth prospects. These are: food processing; fabricated metal processes; automotive assembly and parts manufacturing; and, manufacturing relating to renewable energy and green products. Two initiatives are proposed: i. Business Support Services The regíon is well-served by a network of agencies including CFDCs, Enterprise Centres, municipal economic development and tourism departments, provincial/federal programs and staff services and private agencies offering business support services. Working Groups recommend that these agencies review their services with the intent of focusing and coordinating their services, on a regional basis, to support achievement of the SCOR Vision & Goals. Services of key interest are: market identification and marketing know-how; product development including research, development and commercialization; business information; and, networking and mentoring. More knowledge, expertise and leadership will be needed for regional producers to effectively take advantage of agribusiness opportunities in the pharmaceutical industry, construction products, energy from biomass and, other sectors seeking bio-products. Support to farmers and processors for business planning and product development is needed including building corporate contracts on a sheltered, long-term and risk sharing basis with pharmaceutical and other firms and, access to patient investment capital. Similarly, business support and capital investment needs to be directed towards the manufacturing sectors that SCOR believes can be expanded across the region. ¡¡. BR+E (business retention, expansion and attraction) The region is active in business retention, expansion and attraction activities. The challenge is to shape this work to support the SCOR Vision & Goals. Working Groups recommend that the municipal economic development and tourism departments lead efforts with the other agencies active in the region to:. Enhance, and coordinate on a regional basis, business retention, expansion and attraction (BR+E) activities to ensure that the target sectors are the focus of activities.. Use BR+E to drive a grass-roots approach (community driven, locally focused); strengthen relationships with stakeholders such as agricultural producers, tourism operators and manufacturers.. Support analyses including the potentialfor import replacement and emerging and niche markets. Correspondence from South Central Ontario Region regarding "... Page 69 of 309 3. Accessing Business Capital A companion requirement to entrepreneurial support is access to business capital. lnitiatives, such as marketing and investment attraction, should generally be complementary to and jointly undertaken with other relevant groups such as the Southwestern Ontario Marketing Alliance (SOMA) and the South West Economic Alliance (SWEA). There are three initiatives: i. lncrease knowledge, among entrepreneurs, of sources of investment capital. ii. Establish the $50M SCOR lnnovation Fund increasing both public and private pools of investment capital in the region. iii. Greate incentives for investment in new products, services and processes using tools such as community improvement plans. 4. lnvesting in lnfrastructure Working Groups identified infrastructure projects of regional significance, estimated at $670- 700M in 2009 dollars for projects involving SCOR participation. Ranging from roads to broadband communications, infrastructure investment is vital to the diversification of the SCOR economy. i. Sustainability - Assimilative Capacity Studies for the three watersheds - Thames, Grand & Long Point - are recommended. ii. Water - A linked regional system of piped water is proposed: iii. Provincial Highways & County Roads - including the improvement of north-south roads for the movement of goods and people. iv. Sewer v. Rail vi. Harbours vii. Broadband viii. Public Utilities ix. Public Transportation 5. Expanding Research, Development & Commercialization There are two centres of excellence proposed. These centres will become catalysts for regional economic growth positioning SCOR as a leader in several economic sectors. i. Diversification of the Agriculture Sector ' lncrease applied research, product development and commercialization of agricultural products, services and processes in the region.. lncrease regional sales to both food and non-food markets.. Expand the function of the Erie Agri-Food lnnovation Centre, making good use of under- utilized facilities in the region, to fill knowledge gaps, support a dynamic interaction between researchers and producers and, accelerate commercialization of field products. - commercialization of new agricultural products, services and processes;- commercialization of sustainable technologies and practices;- pursuit of non-food markets such as pharmaceutical. Correspondence from South Central Ontario Region regarding "... Page 70 of 309 ' Establish a business incubator to assist with commercialization by producers including: business support services including access to business capital; and, mentoring/networking among producers. ' Provide research scholarships and internships for SCOR youth to bring their academic training back into the region and apply it to commercialization of new agricultural products, processes and services. Launch a virtual centre by working with youth, schools, conservation authorities, researchers, etc. ii. Centre of Excellence Providing Rural and Agricultural Solutions to Climate Change . lncrease applied research and support for commercialization of environmental and energy solutions - products, services and processes - in the region.. Re-purpose one or more unrer-utilized facility in the region (such as the federally-owned research station near Delhi), as a centre of excellence for rural and agricultural solutions to climate change. The concept for the centre is:- commercialization of sustainable agricultural practices - commercialization of sustainable rural and agri-based energy production - demonstration of climate change adaptations in rural communities.. Create a business incubator to assist with commercialization of products by farmers, processors and businesses.. Provide research scholarships and internships for SCOR youth to bring their academic training back into the region and apply it to commercialization of new environmental and energy products, processes and services.. Launch a virtual centre by working with youth, schools, conservation authorities, researchers, etc. 6. Recognizing Youth As lnnovators Five initiatives are recommended: i. Provide research scholarships and internships for SGOR youth. ii. Launch a virtual centre of excellence. (see #5 above) iii. Launch a youth-driven online campaign to promote a green lifestyle. Use the SCOR web site as a platform and design/build a web presence. Use Facebook, MySpace, Youtube, Twitter, Flickr and other networking sites to spread the campaign. iv. Foster creativity early in life. Enhance and expand the educational focus on creativity at the elementary and secondary school levels by placing greater emphasis on music and the arts, math, science and technology. Encourage Ministry of Education and school boards to enhance curriculum accordingly. v. Promote community voluntarism. Expand experiences and opportunities available to students during their secondary school years. Create post-secondary experiences in SCOR that contribute to career development and support community projects. Support participation in experiential and internship programs such as Katimavik whereby participants work in a service learning environment of benefit to the community and with personal living expenses and modest stipends provided. Correspondence from South Central Ontario Region regarding "... Page 71 of 309 7. Accessing the Marketplace (Agribusiness & Food lndustry) . Increase the ability of regional producers to bring their products to the marketplace and obtain a greater return for their products.. Replace imports with regional products to the greatest extent possible and promote buy local.. Support development of an Agri-Tourism Showcase in the region at a high profile location on a 400 series highway.. Study the feasibility of options for improving the food chain for the benefit of producers (farmers and processors) in SCOR. Options to be considered include: cooperative marketing group; clearing house function; and, regionalfood brokerage centre. 8. Gommun¡cat¡ons Strategy (Skills & Training) The solutions that follow are being driven by two significant situational changes:. Economic Recession - Those seeking services now include an increasing number of experienced and skilled workers needing a new career path. Workers requiring educational and life skills upgrades are growing in numbers as are the number of youth. Employers are faces stresses that affect their ability to manage their labour force needs.. Provincial skills programs are under review and significant changes are anticipated as Ontario responds to shifts in the provincial economy. The training system in the region is dynamic, being able to respond quickly to changing training needs through a wide range of agencies and facilities throughout the region. A key solution, for both workers and employers in the region, is an aggressive communications campaign that addresses the immediate needs brought on by the recession and continues through the changes in provincial skills programming, anticipated by early 2010. 9. Enhance the Quality of Life of Our Gommunities i. Support voluntarism. Begin with a current assessment of the volunteer environment in the region. Provide this assessment to SCOR Partners, community and volunteer groups, etc. and encourage action to improve the volunteer experience. ii. Engage our youth. See priority #6- Recognizing Youth as Innovators. iii. Enhance access to public facilities for community and cultural activities. Review best practices in the region and beyond and make recommendations to the SCOR Partners for improved policies and practices regarding the operation of public facilities. 10. Field a Winning Team (Energy) We need to act immediately to demonstrate our competitiveness in biomass energy from agricultural products. We need to show that we have a competitive team that: ' Speaks with a single voice for agricultural producers in the region. Has the ability to produce and deliver the quantity and quality of agricultural product needed. Has the technology partners needed to process our agricultural product into desired fuel product Correspondence from South Central Ontario Region regarding "... Page 72 of 309 ¡ Has both the marketing and communications expertise needed to work with power corporations and governments, assuring them of our ability to deliver a competitive and reliable product.. Have the support of our communities as reflected in the advocacy of regional representatives - SCOR Partners, MPPs and MPs. I l. Advocacy (Energy) Renewable energy offers important economic benefits to both our rural and urban communities. The benefits can be realized throughout SCOR. SCOR needs to undertake consistent and aggressive advocacy with senior levels of government for locally-grown renewable energy solutions. While the proposed Ontario Green Energy Act addresses a number of our concerns (i.e., the 'arbitrariness' of rates paid for power going into the grid), more is needed and now is the time to advocate for SCOR stakeholders. There is a need to 'even the playing field'for regional proponents that tend to be smaller, cooperative companies with strong ties to our rural and agricultural communities. There is a need for senior levels of government to be partners in the process of developing renewable energy with a consistent and rational program package that supports development of a diverse network of renewable projects throughout SCOR. Program support needs to support development of renewable energy projects from conception through delivery with research and development, technology and project development and supply chain improvements. There is a need to address issues regarding power transmission. The power grid needs to be more flexible and decentralized, accepting power inputs from sources throughout SCOR region. lt needs to be 'smarter'. 12. Reducing Our Carbon Footprint (Environment) Use the existing ALUS (Alternative Land Use Services) program, operating in Norfolk County, as the basis for a regional program. This farm based program uses biomass to sequester carbon and reduce our footprint and provides co-benefits in nitrate management and in reduction of farm operating costs. ALUS uses incentives to offset the initial operating expenses associated with restoring the environmental balance on the farm. This approach also supports source water protection and ís a start on readiness for Cap 'n Trade. 13. Drinking Water Protection (Environment) ln preparation for provincial regulatory changes taking effect in 2012, SCOR Partners support regional implementation of strategies currently being developed by the region's Conservation Authorities with support of MOE. There is potential to use Cap 'n Trade income to partially fund implementation in two to five years. Correspondence from South Central Ontario Region regarding "... Page 73 of 309 14. Promote Themed Touring Routes (Tourism) Six regional tourism themes are recommended for SCOR - festivals and fairs; outdoor activity and eco-adventure; authentic smalltowns; agri-tourism, food and the culinary arts; world-class natural heritage; and, cultural heritage. The Tourism Working Group recommends the development of neMexpanded themed touring routes for the region. 15. Develop An Agri-Tourism Showcase (Tourism) At a premier site on a 400 series highway, develop a mixed use centre accommodating food retailing, food service;food science and culinary arts education; and, a travel information centre. This showcase could be developed in conjunction with a food brokerage centre (see priority #7 - Accessing the Marketplace Correspondence from South Central Ontario Region regarding "... Page 74 of 309 TIAC AITC TOURISM INDUSTRY ASSOCIATION OF CANADA ASSOCIATION DE I]INDUSTRIE TOURISTIQUE DU CANADA Swine FIu - Communications Strategy and Key Messages for Canada's Tourism lndustry Current Status lApril 28. 2009 - l:00 PM) An outbreak of the H1N1 flu strain, known as "Swine Flu" (en francais: "grippe porcine"), has originated in Mexico with more than 1,600 known cases of the disease. At present, there are six known cases in Canada - two in British Columbia and four in Nova Scotia. ln the United States, there are 40 known cases thus far. Canada's tourism sector is clearly aware of the impact that a potential pandemic may have on the industry's well-being, given the atfect of the SARS scare. Currently, three countries (lndia, Malaysia, and Australia) have issued varying levels of warnings with regard to travelling to Canada, although allof these have grouped us in with the U.S. and Mexico, and none have singled out Canada specifically. TIAC President and CEO Randy Williams is in contact with relevant authorities at Transport Canada and Health Canada, and is in regular communication with the U.S. Travel Association to assess the current status of the disease and its possible impacts on the industry. TIAC is also coordinating with the Canadian Airports Council and the National Airlines Council of Canada. Strateoic Approach It is still early in the development of this story to assess and understand what will be the impact on Canada in generaland ourtourism sectorin particular. ln general, tourism should nottakethe lead in communications on this issue. At present, there is not sufficient reason to be aggressive in a media approach to this story. lt would be ill-advised to put out any pro-active media products (communiqués, media releases or statements), as that will only serve to raise fears of an outbreak. However, as the story of the outbreak is developing quickly, we should track on a day-to-day, hour-to-hour basis and be prepared to adjust our messages and tactics. We should also be prepared to cooperate on our messaging and share information as it becomes available. TIAC will continue to monitor this situation, and will provide updates to stakeholders on this issue. Kev Messaqes It is important that we are careful and circumspect in our dealings with the media, and that we not contribute to a perception that thís event is having an undue influence on Canada's tourism sector. Therefore, individuals who are contacted by the media for a reaction to the Swine Flu outbreak should consider the following key messages: . At this point, swine flu is a reason for concern for the tourism industry, but not for alarm.. Swine flu is a public health issue, and any questions concerning the current state of the disease and its presence in Canada should be directed to the relevant public health Correspondence dated April 28, 2009 from Tourism Industry As... Page 75 of 309 authorities in your province or territory. Tourism stakeholders should not assess the possible risks to travellers.. Anyone speaking with members of the media on this issue should be concise with their comments. At this point, we should refrain from speculating on the possible impact of the disease on travel, and we should not provide anecdotal evidence on the impact that it might have on tourism.. At this time, the World Health Organization is not recommending any trade or travel restrictions in reaction to the swine flu. For more information . The World Travel Organization's special site for travel advisories: htto://www.sos.travel/o Public Health Agency of Canada: http://www.phac-aspc.qc.cal ; http://www.fiqhtflu.cal or call 1-800-454-8302o Travel notices and advisories: http://vovage.gc.ca. lnformation from the Canadian Tourism Commission: http ://www. corporate. ca nad a. travel/en/cal Correspondence dated April 28, 2009 from Tourism Industry As... Page 76 of 309 Tax Recovery Group April 29,2009 Re1ently the ontarlo Governmenl announced that as of July t , zO1O it woufd harmonizeGST with PST so that Ontario GST registrants would begin charging 1g% HST. Currgqlly there is specrrlation that Municipalities would receive a robate of oNLy zolo o1all HST paid !l We are asking that you write your MPP as well as Mr. Dalton McGuinty's otficerequesling thal me reþate be 100% of HST to simplify the process. rurtrrei Municipalities should not be burdened with the cost of tax io operate, as the expenseportion of tax simply gets passed on through propeny lax and user fees. Since the rebate ie Ín the discusEion phase now, it is irrrportant to þe heard now. I have enclosed a copy of ot¡r letter to Mr- McGuinty on the 6ame subject. please feeffree to use this letter or create youf own. You can reach the Premier of Ontario at: Dalton McGuinty, Premier Legislative Building Queen's Park Toronto ON MZA 141 Ta¡< Recovery Group www.taxrecoveryg ro up. com Allan Correspondence from Tax Recovery Group regarding "HST". Fil... Page 77 of 309 Tax Recovery Group April 29, Z00g Mr, Datton McGuinty, premier Legislative Building Queen's park Toronto ON M7A 1A1 Mr. McGuinty: working diligently for the reduction of unnecessary taxesoften our reviews find too many compricated rures, for afínances to a minimum. amount of money, and is there is a public es in Ontario. . C.urrently Municipaliiies pay which is inctuded in the cosr to iroviOe iná Any Tax from one level of government to another is not fair to the end users which arethe residents of ontario. Éaving ,HT*.0;ä;;'[ior"o up as o niúo"i cosr ¡s simprynot the way any of us want to co-nduct business. r'J It is exciting to think that ontario is.moving to a fair tax with HST as it will be visibte andI!9 ry!:t lre Iery clear, as welt it shoutd plrov¡ã"än åOOit¡on"l mt¡ch needed cosrredualon for Ontario Business. It has been rumored that the rebate tor Municipalities will be 7g%. we would hope thatthis is simply a rumour and that Municipatit"À *ìiiiã*iu" a lilQo/orebate instead tosup¡:ort the increased downloading to Murticipalltieè io, "ost during an uncerta¡n t¡me. we hope that you wíll consíder this and that July 1 , 2o1o Municipalltles can count onfurther simplification to ensure efficient cash flow, åno- a fair tax system to all residents. si'cffh-- AilanY lláfonralne President Tax Recovery Group www. taxrecoveryg ro up, com Correspondence from Tax Recovery Group regarding "HST". Fil... Page 78 of 309 ElgmCounty Mattgrs VOL3No1 April2009 lll\r ¡- '¡ i¿l-.-.-- -. i Elg¡n County Libraries Participate in World Record Challenge for Family Literacy Day F.rnrily l-itcracl' D.ry is l'rclcl cvery Jcr nucl')r to cncotr ragc f.r In iI ics to sh.r¡'c in thc joy of'r'c.rtling. 'I-his yc.r, A[ìC C.rn.rcl.r Litcr'.rcy Found.rtion issuecl .r ch.rllcngc to C.rnadi.rn liblaries to brc.rh the rvorlcl rccord firr Most Chilclrcn Rcading rvith .rn AdLrlt, Multi¡rlc Loc.rtions. "l'hc cull'ent rccord - holder is thc Unitccl St.rtcs rryith 78,7 9t pa rti ci ¡r.r n ts. Continued on pate 4 Sandy Heffren: A Legacy of Service, L977-2009 Deputy Clerk and Manager of Administrative Services Sandy Heften retired at the end ofJanuary completing a career with the Countyof Elgin spanning 3ryears. Sandy began her service to the County in Decembet rgTT awards event held Febmary 5th in To¡onto. The awards attracted overr5o ntbmissions, and thewins are a tangible recognition of Elgin County's historyof innovation and continued prcpensity to break new ground. as a bookkeeper/ clerk-typist with lìì;iÌiri'.I,1:{ilÌ the Clerk-Treasurer's Department, whÌêll, at that time was responsible for Council, Financial Services and Human Resources functions, as well as general ad,ministrative responsibilities including contract negotiations, tenant leases and property management. In the absence of computers (the Countywas not automated until r99o), Sandy's job entailed manualþ typlng Council reports, minutes and correspondence and copying these using a Gestetner machine; handwriting financlal accounts registers and cheques; filing; and reception duties; not to mention making and delivering coffee to staff. Sandywas appointed Deputy County Clerk in September r99z and served as acting County Clerk in Januar), 1993 following the retirement of former Clerk George Leverton and pending the appointment of his successor, Mark McDonald, in February r9gl. She achieved herAMCT designation from theAssociation of Municipal Managers, Clerlc and Treasurers of Ontario in rgg¡. In October, zoo4 Sandy $,¿u¡ promoted to Manager of Administrative Services but continued to carry the title of Deputy Clerk. She was also responsi:ble for authorizing and signing cheques when the Continued on page 4 Elg¡n's Progressive By Nature Brand Wins at Economic Development Council of Ontario Awards Elgin Counry's new brand, "Prog¡ressive By Nature" and its new attraction package were both w{¡rners under the categorles of ' Branding" ar.rd "Pr¡blieadons" at the Ecor,romic Derelopment Council of Ontario (EDCO) Sala "Or¡r brand has been described as creative, powerful andvibrant - all things that give us the competitiræ edgenæ need to Pncmote our strategic location and progressine approach in the keysectors of Contínued on page 3 Elgin County Matters newsletter dated April 2009. File: A1... Page 79 of 309 ElgrntPage 2 Elgin County Archives announces online availability of digitization project docu menting Elgin County's contributions to Canada's First World War effort. The Elgin County Archives is pleased to announce the launch of "Elgin's Great War: Sources on the First World War from the Holdings of the Elgin County fuchives.'This digitization project, made possible through the financial support of the Canadian Culture Online Program of the Department of Canadian Heritage, Library and Archives Cpl. Wallace Anttll artd farnily, t\yirner, Cpl. Anttll ¡ttas killr:d al the t]anle of the sorn¡ne. ,Nr:ve nr l-rer, -19-1 6. Canada and the Canadian Council of Archives provides searchable, online access to more than 3ooo photographs, documents and objects relating to Elgin County's contributions to Canada's First World War effort. "The completion of this project has greatly enhanced access to unique sources of information documenting a defining era in the history of Canada and Elgin County and will attract a national and international audience,o said Elgin County Warden Graham Warwick. The success of this project is directly attributable to the support the Archives has received from Elgin County Council, the Elgin County Museum and our community partners, the 3r Combat Engineer Regiment (The Elgins). The site can be viewed by clicking on the "Explore... Our First World War Records" link on the Archives' website at wwwelgin.ca. , April 2009 Get an Emer$ency { }i il ir y Matters Elgin County Matters newsletter dated April 2009. File: A1... Page 80 of 309 April 2009 ElgrnCounty Mqtters Pase 3 Elgin County United Way Special Events Calenda r, 2OO9 'l'he Elgin County Unitc<l Way Spcci.rl I :r'cnt s (l<¡rrunil tt't' ( 1-.('UWSI;C) is ¡rl.rrrrrirrg lùnclr.risitrg ¿llrl soci.rl cvclrts lix' 2oor¡. So, SAVIi .l'l IL I)A'l I:: f urte rz,2o()9 - W¡ltk'll's Clrality Gol f' -ltrur'n.r ¡ncnt, l(ct Ilc ('r'ccl< Golf Course, l)ort St.rnlcl'. Àll u,clcorìì(' to ¡llay in this cvcrìt. lLcgisLe l youlscll or.r tc¡uI trr ¡r1.r1,. Cost is sl'lo ¡rcl plalcr'. Iìcgisl latiorì n:(x) a.rrt. ; slrot gtui tcc oll r:(x) l).rìr. I'it l<ct inrlurlt's rÍJ holcs ol goll, c.u't, lulrt:l¡, stc.rl< tli ¡lncr-, ¡'llizcs.'l'icl<cts .rr,¿il.rl ¡lc fir clinncl ollly (s¡s). l-iln i tccl sl)rccs .rv.ril¡blc fiu qrrl f ' ¿ncl rlinllcr'. I:rrtry rlc.rtllirrtr Jrrnt' 5, 2(x)9. Proccctls to l:lgirr-St. 'I'lronr¿s Uni tt'cl \,V.t),. jttly zz, z()()9 '- "[)inc r\l-otulcl" Polt St.rnlcy'l'ìrc¿tl'c lrvcllt. Conrc join us fìx'.rrr cvenirrg out. r\ll rvclconlc. Cost Í;(rt¡.o<¡ l)cr l)t:t'sotI inclurles.rn ap¡rctizcr' ¿t I(cttlc Crcek llrn alrrl Nlc.rrtl Srtsie's; Pl'cvicu, Shorvittg of ' lìclrcll ilr tlrt Sun" ¿t llrrt Stanlcl l csl ir'¿l 'l hc.rtt'c; ¡ncl .r sclcct rlt.sst'll ¿t Winrlj.r nrrncr Inn- l)rrrccccls tt ¡ lrlgin-St.'l'lrorn.rs Uni tctl \,\{r1,. l-inli tctl S¡r,rr:cs r\r,¡ il¿ lrlc. Novelrrbel 28, ;oo9 - ¡\¡lrtrt¿ì Strlf Clltistrnas l)alt1,, St. r\nnc's Cclrtrc, St. Thollras. ¡\ll Wcltorrre- Cost $:5.oo J)ct' l)crson. Cockt¿ils, Dinncr', Ct¡nlcrli.u Chtrcl< lìyrn, .rrrcl [)¿ncc - l).f . Chris flisk¿. I;r¡r' nlr¡lc ilrf ourr¡tiolì r olìt,lt t ccu\vscc(.r,rc| gi n-corr n t y'.()r ì c.ì ( )r call 519-6;r-14(ro c.rt ,15fi.I Elg¡n's Brand Wins Continued from page L Energy and Environment, Ag¡i-Business and Tourism. Theawards notonþshow thatwe're on the right trach butrrwa¡d the efforts and inrestments rnade byourfurward- thinking County Council," said Warden G¡ahamWarwick. The brand, including a modem new logg, community profile brochurt and municipal prcfile brochurewere developed as a result ofa recent Economic Development Marketing Strategy, executed þfirms Millier Dickenson Blais and Yfactor ln collaboratlon with the Elgtn County Economic Dwelopment and Tourlsm Advisory Commlttee (CEEDIAC). The Strategy was partialþ funded by Foreign Afiairs and International Trade Canada's Invtst- Canada Community Initiatives-sponsored Cornmunity Inr¡estrnent Suppon Program (CISP) and the Onta¡io Ministry of Economic Development's The councils of the Municipaltty of Central Eþn and the County of Elgin have established afoint Acresstbility Advisory Com¡nittee to advlse the councils on accessibility matters. Among the Advisory Comn ittee's duties is the identification of barriers to persons with disabilities in all facilitiec, prcgrams, regralations, policies, practices, and services offered by the Municþlity and County as Committee Members Required - Joi nt Accessi bi I ity Advisory Com m ittee Corn¡nunities ln Tlansition hogtam (CfP).All pr{nted matedals used in the attractionpackages a¡e Forcst $ewardship Council of Canada- crrtifi ed, appropriateþ relnfr rcing the brandt commltment to the er¡vimrunent. EDCO consists of close to 6oo prtvaæ and publ,ic sector membe¡s from all segments of the Ontario bus{ness community. The awards cerernony honours the locatlon and tourisrn prcmotion efforts of Ontario citie¡ and Municipalities. Alan Smith, DepuÇ Dkector, Cornmunity and Cultural Services and Warden Graham Warwick ecc'epted the awa¡ds on behalf of the Elgin Countytearn. I well as the recornmendation of rneans to rtmoYe these barriers. If you are interested in serving on theAdvisory Committee orwish to learn rnore about the Cemmlttee, contact Dianne Wilson, Deputy Oeftat 5r963r-4Eóo Ext 286 - drräson@ccntralel gtn. org or Cok Aicken, Euilding Sciences Rcùnologtist at 5r9631-t46o Ext 43 - calcken@lgin-c0unty.on.ca t Elgin County Matters newsletter dated April 2009. File: A1... Page 81 of 309 ElgrnCounty Matters April 2009 Sandy Heffren Continued from page 7 Director of Financial Services was absent or unavailable. Sandy's many accomplishments in the County's service include coordinating the County-wide irnplementation of the Civic Addressing program and 9-r- r services, from 1995 to 1998; acting as Secretary to the County Implementation Committee during the restructuring of CounÇ operations and goYernance structure resulting from the amalgamation of 1998; acting as Secretary to the Western Ontario Warden's Association in z, oor; coordinating the implementation of the County's Provincial Offences Administration for the Ontario Court of Justice in zoor and the addition of French Language Court Services in zoo5;and overseeing the relocation of the Administrative Services Department to the 3rd Floor in 2oo7. In her ownwords, "I have always been proud to work for the County of Elgin and am verygrateful to Elgin CounÇ Council for their trust and confidence placed in me overthe past 3r years. Many thanks go to the Administrative Services Department staffand to the C.A,O, who mentored and always encouraged me. Their dedication and teamwork over the past manyyears helped me to grow professionally and personally." We thank Sandy sincerely for her faithful and exemplary service to the County of Elgin for the past 3r yrcars and wish her all the best in her well-deserved retirement.T WOfld ReCOfd Challenge continued rrom page 1_ Elgin County Libr.rrics took up the challcngc along rvith loc.rl schools, dayc.rres .rncì E.rrly Yca rs Ccntrcs, by hosting public rcadings of'five popular Robert Munsch storics. Over r8o,ooo groups registtrccl tcl p.rrticip.rtc C.rn.rcla -widc .r nd the total number o[confirmed participants submitted to Guinncss stands.rt rzr,z68. Our schtxlls .rnd libr.rl ies contlibutcd ll[ì6 p.uticipants to the final t.rll1,. \,47"..t" still waiting for confirm.rtion fiom Guinness, but it lool<s like C.rnad.r r,r,ill h.rve set a ncw rryr¡rld rccorcl! Our spccial tlranks go to thc fbllowing dignitaries ancl staff wlrosc participation in this event madc it even ilìorc speci.rl at our librarics - County W.rrden Grah.rm Warn,ick, Aylmel Mayor Bob llabl<irl<, Malahide Mayor fohn Wilson, Malahidc Councillor Max Moore, Springficld Firc Chief' )cff Spoo¡ Dutton /Dunwich Mayor Borrnic Vorvcl, West Elgin Councillor Trudy Balint, .rncl Community ¿nd Cultural Scrviccs Director Brian Masschaele. T Vienna L¡brary Closure At its M.rrch l(), z()(x) lnccting, Elgin County Council cnclorsed thc recomlnendation ol'st.rlf that the Vicnn.r br.rnch of'the El¡¡in County Libr.rry bc closecl pertnancntly chlc to rclatively lovr, circulrtion.rltcl p.ìtron numbcrs, prtximity tr¡ othcr ltr.rllchcs, irrcsolvable structnr.rl pnrblcnrs r,r'ith tl're building.rrrcl to rccluct costs to tlrc County ancl tllc Munici¡r.rlity of' B.ryh.rtn during ch.rllengirrg ccononlic circurnst.lllccs.'I'hc ckr.strle clccision r,r'as fbrln¡lized in ¿ IryJ.l,r, ¡r.rsscd at thcApril ul, zoo() Council ntceting, .rnd it is anticip.rtccl th.rt thc br¿nch n ill bc ckrscd to the public clll'ctivc Mcì) t, z<xry. Lilrrary scrvices to Vienlra p.ìtl(rns rvill continuc lo bc.rv.ril.rhlc .tt nealby branchcs ìn Port Burrvell (6.5 l<rns arv.ry) and Straffil dville ([ì l<nls clistant). El¡;in County Council .rcl<norvlcclgcs rvith ¡¡r.rtituc{c thc rÌìcury yc(ìrs c¡f cxccllclrt scn'icc th.rt Liltrary st.rff'¿llcl thc Municipality of B.ryh.rnt h.rvc providcd thc Vielrna l.illrary sincc its est.rblishnterrt in r95o. Elgin County Matters newsletter dated April 2009. File: A1... Page 82 of 309 ICEI APR20 urD 2009 Friends of the Greenbelt Foundation 68 Scollard Street, Suite 201 Toronto, ON M5R 1G2 Tel: 41 6-960-0001 Fax:416-960 0030 www.g reenbelt.caPossibility grows here. April 14,2009 Dear Friend of the Greenbelt, MUNICIPALITY OF BAYHAM ' t\ With the fourth anniversary of the Greenbelt upon us, there's a lot to celebrate. ln September, a study produced by the David Suzuki Foundation found that the Greenbelt is responsible for 52.6 billion worth of ecological goods and services per year. Meaning all of the invaluable services the Greenbelt offers - from filtering our drinking water, providing fresh air and growing fresh food - has amounted to over S 10 billion worth of services since its inception. Noi only is Ontario's Greenbelt economically an.d ecologically sustainable, but it's also world-leading. A recent Globe and Mail article touted Ontario's Greenbelt as a "model for the world," not only in size but also for leadership in policy and protection. All of this great news has allowed us to grow more confident in this landscape and the people and work that come from it - and we aren't the only ones. Recent polling numbers show public opinion at an all time high with 93olo support for the Greenbelt. ln addition, 91 0/o believe the Greenbelt is one of the most important contributions of our generation to the future of Ontario. ln the spirit of celebrating our successes and affirming leadership, we have enclosed our latest publication, the Greenbelt Book. This dynamic 16-page publication showcases Ontario's Greenbelt through vivid imagery and vibrant language, communicating the message of the Greenbelt as world-leading and vitalto all Ontarians. We encourage you to use this document as a means of promoting our mutual work towards preserving and enhancing Ontario's Greenbelt, utilizing the language and spirit to convey to all Ontarians about the immense worth of the landscape that's in their very own backyards. Burkhard Mausberg President Correspondence dated April 14, 2009 from Friends of the Gree... Page 83 of 309 Page 84 of 309 April27th,2009 Kyle Kruger, Administrator Municipality of Bayham 9344 Plank Road, Box 160 Straffordville, ON NOJ lYO Dear Mr. Kruger, RECE MAY - VE 2009 MUNICIPALITY OF BAYHAM On behalf of the Board of f)irectors of the Municipal Law Enforcement Officers' Association of Ontario (MLEOA), I am pleased to advise you of the achievement of tlrc Municipal Law Enforcement Officer Certifted [MLEO (C)] designation by a member of your municipality's staff. Paul J. Groenveld Munícipøl Law Enforcement Officer recognized and awarded Municipal Law Enforcement Officer Certífted The MLEOA is a non-profit professional Association representing Municipal Law Enforcement Officers throughout the Province of Ontario. It was established in 1979, and incorporated in 1985 as a non- profit organization. Currently, the Association represents over 1500 Municipal Law Enforcement Officers from small rural communities to the large urban centers. On July 27't,199t Bill PrB3 received Royal Assent giving the MLEOA the authority to grant Certification to its members and prescribe the requirements for certification. All recipients of this designation have successfully mi' the education, job responsibility and membership requirements as determined by the MLEOA. Yours truly, Jon Popple, MLEO (C), CMM III Municipal Law Enforcement Executive Vice Presíde.nt-MLEOA Enclosures - Paul J. C:uenveld www.nrleoa.ca MLEOA Board of Directors Brenda Russell, MI.EO rc), C M lvl tI I X4 u n ic ipn I L u t+' F) nJb rc e m e n t lì:rta t t ive President Mgr, Municipal [¿w & Prosecution Services City of Barrie Jon Popple, I,ll-EO (C), Clvflv[ II Ìl,tunícípaI L.an Enlbrcemùtt F,.tttclttit)e Vice President Senior Municipal I-aw Enforcement Officer Town of Wasaga Beach Randy Berg, lvlLI:O tC'1 Secretary Supervisor, Byìaw Enforcement Town of Niagara on the l¿ke Mary Uildersma, tril,|,() ((:) Treasurer Senior Municipal L¿w Enforcement Office¡ Haldimand County Randy Charlton, trl|,I:O (:), C'lf M It Mturici¡tul [.ott llnþrcentuil [.xccutìr:c Director Municipat [¿w Enforcement Officer Haldimand County Debbie Callaghan, tutl.lt() ((') Director Retired Justin Harris Director Municipal [¿w Enforcement Officer City of Kitchener Allistair Thomas Director Municipal Standards Officer City of Toronto Doug Rose, !il-LO (C) Director Retired Mgr, Standards & Licensing City of Hamilton Correspondence dated April 27, 2009 from Municipal Law Enfor... Page 85 of 309 Page 86 of 309 lo CORPORATION OF THE MUNICIPALITY OF BAYHAM STAFF REPORT TO: Mayor & Members of Council FROM: Planning Coordinator/Deputy Clerk SUBJECT: Concession Stands DATE: April30,2009 FILE: P09 NUMBERz D2009-16 Purpose To discuss allowing concession stands in the municipality. Background Recently the municipality has received requests for establishing concession stands in the municipality. A request by councilors has prompted this report. Staff Comments Historically, the community and previous councils expressed the desire to preclude concession stands/chip wagons in the municipality due to concerns that included such items as parking, aesthetics and unfair competition to permanent businesses with the absence of tax assessment on mobile businesses. Our Zoning By-law permits concession stands in the commercial zones that permit "restantrants". Namely, Highway Commercial (HWC), Hamlet Commercial (HC), Central Business District (C1) and Tourist Commercial (C3) Zones permit restaurants. By definition, a "restaurant" includes "snack bar or refreshment room or stand'. The intent of the definition is to include the trailer type booths or chip wagons. For clarification, the concession stand located on the East Beach is permitted through a site-specific "Open Space -5" Zoningpermitting "public washrooms and concession stand". Staff can continue to uphold previous Councils' wishes by precluding concession stands. However, if Council is interested in providing further direction to regulate such uses, it can be done through a business licensing by-law under the Municipal Act and a license/permit system. Such a by-law and permit system would be preferred rather than any zoring controls because Council could regulate additional issues such as hours of operation, months of operation, sale location, fire safety requirement, waste management etc. At this time, I have confirmed that the Township of Malahide and Norfolk County have business licensing by-laws and a permit system in place for concession booths. Strategic Plan Goal(s) Goal #3 - Create a positive business atmosphere GoaI#4 - Be dedicated to service excellence Staff Report D2009-016 regarding Concession Stands. File: ... Page 87 of 309 Staff Report D2009 -16 Concession Stands Recommendation "THAT StaffReport D2009-16 regarding concession stands be received; AND THAT the issue of Concession Stands be referred to the Otter Commerce/lVlunicipality of Bayham Liaison Committee." Page2 Valley Chamber of Planning Coordinator/Deputy Clerk Staff Report D2009-016 regarding Concession Stands. File: ... Page 88 of 309 CORPORATION OF THE MUNICIPALITY OF'BAYTIAM STAFF'REPORT TO: Mayor & Members of Council FROM: Drainage Superintendent SUBJECT: Little Jerry Creek Drain Improvement Date: May7,2009 File: 809 Report: DR2009-003 PURPOSE: This report is to address a written request from Mr. Gerry LeMay, Municipality of Bayham's Public Works Manager, regarding the lack of proper outlet for the road ditches on Green Line that drain into the Little Jerry Creek. BACKGROUND: The Municipality has received a request to have the Little Jerry Creek Municipal Drain in the vicinity of Green Line, in the Municipality of Bayham reconstructed to provide adequate drainage outlet for Green Line. The Little Jerry Creek Municipal Drain is an open ditch drain that was established in 1955. The drain begins at the road culvert of Pressey Road, Lot 13, Concession 11 and ends in a natural watercourse at Lot 1, Concession 8 which is south of Eden Line. The Little Jerry Creek is a class "D" drain. Class "D" drains require project specific approval from the Department of Fisheries and Oceans (DFO), due to being fish habitat. The Township of South-West Oxford uses the Little Jerry Creek for outlet for their Smith Drain and the Derehem Bayham Townline Drain. In the vicinity of Green Line at the Little Jerry Creek, Bayham has 4 tiled municipal drains that outlet into the creek. The Camrthers drain, Elliott #1 and Elliott #2 drain. Just further to the south of Green Line the Smith Municipal drain outlets into the creek. STAFF COMMENTS: In the vicinity of Green Line at the Little Jerry Creek, there is a large area of land that drains into the creek. The creek has been a Municipal Drain for over 50 years and unfortunately very little maintenance has been done on it. In the past couple of years specific maintenance requests have been forwarded to DFO for approval. The DFO has not been very receptive in having any work done on the Little Jerry Creek due to the fish habitat. They require compensating construction such as riffles and sedirnent traps be installed under the design of an Engineer. This type of work is not regular maintenance and cannot be done without an Engineers Report. Staff Report DR2009-003 regarding Little Jerry Creek Drain I... Page 89 of 309 Green Line at the Little Jerry Creek floods during heavy rainfalls and during runoff. The ditches back up as the culverts outleting into the creek become submerged when the creek fills up. Similarl¡ the tiled municipal drains also back up, causing back pressure on the tiles. Every year we repair blow outs on the Smith drain in the two fields upstream of the creek outlet. The reconstruction of the Smith Drain in South V/est Oxford adds more flow and pressure to the creek. The creek banks are collapsing and the bottom is silted in. The creek needs to be rebuilt starting from Pressey Road to Somers Road. If this area of the creek can be enlarged, deepened, etc. more water volume could pass. Pursuant to Section #78 of the Drainage Act Municipal Council may (without the petition required in Section 4) but on the report of an engineer appointed by it, undertake and complete the repair andlor improvement of drainage works. The engineer has all the powers and shall perform all the duties of an engineer appointed with respect to the construction of drainage works under this Act. All proceedings, including appeals shall be the same as on a report for the construction of a drainage works. Strategic Plan Goals: Goal#2: Ensure reliable, well maintained and secure infrastructure. RECOMMENDATION: TIIAT Council appoints Spriet Associates as the Engineers to make an examination of the drainage area and prepare a preliminary report for Council's consideration. Respectfully submitted, Drain Superintendent Staff Report DR2009-003 regarding Little Jerry Creek Drain I... Page 90 of 309 ) CORPORATION OF THE MI]NICIPALITY OF BAYHAM STAFF REPORT TO: Mayor & Members of Council Report Date: April 30' 2009 Council Meeting: 1s'4.ay 712009 FROM: Drainage Superintendent Report: DR¿009-004 File #: EO9 Casier MuniciPal Drain SUBJECT: Casier MunicipalDrain: - ReApportionment pursuant to Section #65 of the Drainage Act Regarding David, Joan and Aaron Nurse Proposed Severance Consent Application E90/08 Purpose: This report seeks Council approval of a Section#65 Drainage Act reassessment for severed lands lying within the watershed of the Casier Municipal Drain. Bacþround: When a severance of land takes place on property assessed to a municipal drain, problems can result if Section #65 of the Drainage Act is not addressed at the time of the severance (or at least prior to the commencement of any future maintenance or improvement). When amunicipality does maintenance and or improvement on its drainage works, it must assess costs fairly against all properties within the drainage area as defined by the appropriate By-law. Therefore when a severance takes place on land that has a drainage assessment two issues should be addressed, namely: (a) If there is drainage assessment against this land, the assessment must'be apportioned between the new parcels; (b) If the municipal drain actually passes through the severed land, the new o\¡/ner may have to allow a working space for machinery operation or spreading of excavated material in the event maintenance and/or improvement is required and should be notified of same. Failure to keep the Drainage By-law up-to-date with respect to apportionment of assessment, or failure in keeping landowners advised of their obligations, can result in disputes, extra costs and serious delays when maintenance and/or improvement is required. Staff Report DR2009-004 regarding Casier Municipal Drain Rea... Page 91 of 309 Staff Report DR2009-004 Council Meeting: May 7, 2009 APPORTIONMENT OF ASSESSMENT PURSUANT TO THE DRAINAGE ACT: In accordance with the Drainage Act (Section #65) there are two options available to deal with the matter of apportioning an assessment. OPTION #1: Section #65 (l): Council may appoint an Engineer to apportion the assessment currently showing in the Engineer's Report, among the parts into which it is divided. This method normally takes longer and is more costly. Engineer fees will be assessed against the parties involved in the severance. This method should be used in the case of a subdivision or when landowners cannot mutually agree on the apportionment of assessment. OPTION #2: Section #65(f): The owners of the subdivided land may enter into an agreement on the apportionment of the assessment contained in the Engineer's Report. This written agreement is completed by the Drainage Superintendent, executed by the landowners, filed with the Clerk and is subject to Council approval. This method is more desirable in most instances since it allows the landowners to mutually agÍee on apportionment of assessment. Costs are kept to a minimum and approval of apportionment canbe done very quickly. Landowners should normallybe allowed to use this method, especially in cases where only one or two parcels are to be severed. Staff Comments: 1. Pursuant to the David, Joan and Aaron Nurse Consent Application E90/08 Parts I &.2 of Reference Plan 1lR-5144 is proposed to be severed from a portion of Part Lot 15, Concession 5. 2. This property is assessed to the Casier Municipal Drain. 3. Reapportionment of assessment for drainage as per the Drainage Act rc,qufuertents is a condition of the proposed severance. 4. David and Joan Nurse are to be the owners of the proposed severed parcel identified as Part I & 2 of Reference Plan l lR-5144. David, Joan and Aaron Nurse are currently the owners of the proposed remaining parcel identified as Part Lot 15, Concession 5. 5. The landowners have agreed to the Drainage Superintendent's reapportionment of assessment as contained in the executed "Agreement between Property Owners for Drainage Apportionment due to Land Severance or Sale" attached hereto. Attachments: o Agreement between Current Property Owners for Drainage Apportionment due to Land Severance or Sale as executed by David, Joan & Aaron Nurse and David & Joan Nurse o Draft By-law #2008-054. Staff Report DR2009-004 regarding Casier Municipal Drain Rea... Page 92 of 309 StaffReport DR2009-004 Council Meeting: Ìtday 7, 2009 Recommendations: THAT Staff Report DRl009-004 regarding apportionment of assessments contained within the CasÍer Municipal Drain be received; AND THAT the Drainage Superintendent's reassessment as set out in "Agreement between Property Owners for Drainage Apportionment due to Land Severance or Sale" as executed by David, Joan & Aaron Nurse and David & Joan Nurse is hereby filed and accepted by Council; AND TIIAT By-law #2009-064 being a By-law to amend the drainage assessment for those lands identified as Assessment Roll #34-01-000-003-03400 in the watershed of the Casier Municipal Drain referred to in Engineer's Report forming part of Bayham Township By- law #L690, be presented to Council for enactment." Respectfully submitted,Reviewed By, Drainage Superintendent Staff Report DR2009-004 regarding Casier Municipal Drain Rea... Page 93 of 309 ÀGREEMENT between PROPERTY O\ilI\ÍERS for DRAINAGE APPORTIONMENI due to LAlt{D SEVERA,NCE or SALE Drainage Act RS.O. 1990, Chapter D.17, Section 65 THIS AGREEMENT is between DAVIDNURSE& JOAI.INURSE& AARONNURSE (current property owners ofretained parcel) and DAVIDNURSE& JOANNURSE (current property owners ofsevered parcel) for the cost apportionment due to the severance or sale ofland in the following municipal drainage systeri: Casier Municþal Drain by Bayham By-law #1690 WE, the parties of this Agreement, do hereby agree that the ap'portioned costs of any fuhre maintenance work authorized by the Council of the Municipality of Bayham and carried or¡t r¡nder the supervision of the Drainage Superintendent on the above noted municipal drainage system, is to be hereby divided as follow: ORIGINALPROPERTY: (assessment identified in Engineer's Rqrort dated Decernber 5,1969): Assessment Roll Number : 3441400403-03500 Legal Description : Part Lots 15, Concession 5 DrainageApportionment : 'Watershed 3.09 acres Valued at $43.00 REVISED DRÀINÄGE ASSESSMENT SEVERED PROPERTY: Assessment Roll Nr¡nber : 34-01-000-00343400 Legal Description : PART l, 2 on PLAN 1lR-5144, Part Lot 15, Concession 5 Drainage Apportionment : Assessed Value $34.95 (0.35yù REMAININGPROPERTY: Assessment Roll Number : 3441-00040343500 Legal Description : Part Lots 15, Concession 5 Drainage Apportionment : Assessed Value $14.05 (0.14%) 'We do further agree that this Agreement will cease whe¡r a new Engineer's Report is accçted by Council of the Municipality of Bayharn, assessing this portion of the above noted mr¡nicipal drainage systerL We hereby petition the Council of the Municipalþ of Baybam to acce,pt these teìÃ, appodionments by resolution and/or By-law and we attest to this Agreement by signing our names as the property owners of the lands hereinbefore described. (Signature of: Aaron Nurse) DArED: l{?¡iL9- oq DArED: A ?^iL "- 01 #34-01-000-003-03500 for Roll #344 1 -000:003 -03400 (Signature of: David Nurse) á ¿L--: (Signature of Witness)'4-¿' tl)*_,--- (Signature of Witness) Staff Report DR2009-004 regarding Casier Municipal Drain Rea... Page 94 of 309 TEE CORPORATION OF' TIIT' MI]NICIPALITY OF' BAYHAM BY-LAW #2009-064 AMENDINGBY.LAW #1690 BEING A BY.LAW TO PROYIDE FOR THE CASIER MI]NICIPAL DRAIN \ryHEREAS the Corporation of the Township of Bayham By-law #1690 enac'ted on the 25ü day of Ma¡ch 1968 provided for the construction of the Casier Mrmicipal Drain; a¡rd for the levy assessments upon lands and roads to which the Casier Municipal Drainage works is chargeable; AND WIIEREAS a portion of lands falling within the watershed of the Casier Municipal Drain are proposed to be severed and, as a condition of Severance conse.nt Application E90/08, as such it is necessary to reapportion the drainage assessm€nt affecting those lands affected; AND IYIIEREAS an "Agreeinent betweeri Property Owners for Drainage Apportionment due to Land Severance or Sale" as prepared by the Ba/ram Drainage Superinte,ndent has been accepted and duly executed by the current property o'wners ofthose retained and severed lands; AI\D \ilHERJAS the Council of the Corporation of the Municipality of Bayham now deerns it necessary to reapportion the assessments contained within the assessment schedules attached to By-law #1690; NOW THEREFORE THE CORPORATION OF THF', MI]NICIPALITY OF BAYHAM HEREBY ENACTS AS FOLLOWS: l. THAT the assessment contained in Graham, Berman and Associates Ltd. Engineer's Report dated December 5,1969 affecting property identified as Roll Number 3401- 000-003-03500 for lands located within part of Lot 15, Concession 5, with a watershed of 3.09 acres, valued at $43.00 shall be reapportioned as follows: Severed Property: AssessmentRoll#3,1-01-000-003-03400 Legal Description: Part l, 2 on Reference Plan #l lR-5144 Part Lot 15, Concession 5 Drainage Apportionmart: Assessed at $34.95 Rernaining Prooerty: Assessment Roll #34-01 -000-003-03500 Legal Description: Pa¡t Lot 15, Concession 5 Drainage Apportionment: Assessed at $14.05 2. TEAT the apportioned costs of any futu¡e maintenance work authorized by the Council of the Municipality of Bayham and carried out under the supenrision of the Drainage Superintendent on the Casier Municipal Drain shall reflect the reapportionment in Paragraph #l herein. 3. THÄT the reapportionment of drainage assessments as set out in Paragraph #1 herein will cease when Council accepts a new Engineer's Report assessing this portion of the Casier Municipal Drain. 4. Effective D¡te: This By-law comes into full force and effect on the passing thereof. Read a first, second and third time and finally passed this 7tJr. day of May 2009 Mayor Clerk Staff Report DR2009-004 regarding Casier Municipal Drain Rea... Page 95 of 309 Page 96 of 309 CORPORATION OF THE MUNICIPALITY OF BAYHAM STAFF REPORT TO: Mayor & Members of Council Report Date: April30, 2009 Council Meeting: IÙ[ay 712009 FROM: Drainage Superintendent Report: DR¿009-005 File #: EO9 Adler Municipal Drain SUBJECT: Adler Municipal Drain: - ReApportionment pursuant to Section #65 of the Drainage Act Regarding David, Joan and Aaron Nurse Proposed Severance Consent Application E90/08 Purpose: This report seeks Council approval of a Section1165 Drainage Act reassessment for severed lands lying within the watershed of the Adler Municipal Drain. Background: When a severance of land takes place on property assessed to a municipal drain, probløns can result if Section #65 of the Drainage Act is not addressed at the time of the severance (or at least prior to the commencement of any future maintenance or improvement). When a municþality does maintenance and or improvement on its drainage works, it must assess costs fairly against all properties within the drainage area as defined by the appropriate ByJaw. Therefore when a severance takes place on land that has a drainage assessment two issues should be addressed, namely: (a) If there is drainage assessment against this land, the assessment must be apportioned between the new parcels; (b) If the municipal drain actually passes through the severed land, the new owner may have to allow a working space for machinery operation or spreading of excavated material in the event maintenance and/or improvement is required and should be notified of same. Failure to keep the Drainage By-law up-to-date with respect to apportionment of assessment, or failure in keeping landowners advised of their obligations, can result in disputes, extra costs and serious delays when maintenance and/or improvement is required. Staff Report DR2009-005 regarding Adler Municipal Drain Reap... Page 97 of 309 Staff Report DR2009-005 Council Meeting: Ìt{ay 7, 2009 APPORTIONMENT OF ASSESSMENT PURSUANT TO THE DRAINAGE ACT: In accordance with the Drainage Act (Section #ó5) there are two options available to deal with the matter of apportioning an assessment. OPTION #1: Section #65 (l): Council may appoint an Engineer to apportion the assessment currently showing in the Engineer's Report, among the parts into which it is divided. This method normally takes longer and is more costly. Engineer fees will be assessed against the parties involved in the severance. This method should be used in the case of a subdivision or when landowners cannot mutually agree on the apportionment of assessment. OPTION #2: Section #65(f): The owners of the subdivided land may enter into an agreement on the apportionment of the assessment contained in the Engineer's Report. This written agreønent is completed by the Drainage Superintendent, executed by the landowners, filed with the Clerk and is subject to Council approval. This method is more desirable in most instances since it allows the landowners to mutually agree on apportionment of assessment. Costs are kept to a minimum and approval of apportionment can be done very quickly. Landowners should normally be allowed to use this method, especially in cases where only one or two parcels are to be severed. Staff Comments: 1. Pursuant to the David, Joan and AaronNurse Consent Application E90/08 Parts I &.2 of Reference Plan l lR-5144 is proposed to be severed from a portion of Part Lot 15, Concession 5. 2. This property is assessed to the Adler Municþal Drain. 3. Reapportionment of assessment for drainage as per the Drainage Act rc,quirements is a condition of the proposed severance. 4. David and Joan Nurse are to be the owners of the proposed severed parcel identified as Part I & 2 of Reference Plan l1R-5144. David, Joan and Aaron Nurse are currently the owners of the proposed remaining parcel identified as Part Lot 15, Concession 5. 5. The landowners have agreed to the Drainage Superintendent's reapportionment of assessment as contained in the executed "Agreement between Property Owners for Drainage Apportionment due to Land Severance or Sale" attached hereto. Attachments:. Agreement between Current Property Owners for Drainage Apportionment due to Land Severance or Sale as executed by David, Joan & Aaron Nurse and David & Joan Nurse o Draft By-law #2009-065 Staff Report DR2009-005 regarding Adler Municipal Drain Reap... Page 98 of 309 Staff Report DR2009-005 Council Meeting: ll.f,ay 7, 2009 Recommendations: THAT StaffReport DR¿009-005 regarding apportionment of assessments contained within the Adler Municipal Drain be received; AND TIIAT the Drainage Superintendent's reassessment as set out in ú'Agreement between Property Owners for Drainage Apportionment due to Land Severance or Sale" as executed by David, Joan & Aaron Nurse and David & Joan Nurse is hereby filed and accepted by Council; AND TIIAT By-law #2009-065 being a By-law to amend the drainage assessment for those lands identified as Assessment Roll #34-01-000-003-03400 in the watershed of the Adler Municipal Drain referred to in Engineer's Report forming part of Bayham Township By- law #1429, be presented to Council for enactment." Respectfu lly submitted, Drainage Superintendent Staff Report DR2009-005 regarding Adler Municipal Drain Reap... Page 99 of 309 AGREEMENT between PROPERTY OWNERS for DRAINAGE APPORTIO¡{MENT due to LÄIYD SEVERANCE or SALE DrainageAct RS.O. 1990, ChapterD.lT, Section 65 TI{IS AGREEMENT is between DAVIDNURSE& JOANNURSE& AARONNIJRSE (current property owners ofretained parcel) and DAVIDNURSE& JOANNTIRSE (current properly owtrers ofsevered parcel) for the cost apportionment due to the severance or sale ofland in the following municipal drainage system; Adler Municþal Drain by Bayham By-law #1429 WE, the parties of this Agreement, do hereby agree work authorized by the Council of the Municipality the Drainage Superintendent on the above noted municipal drainage syste,m, is to be hereby divided as follow: ORIGINALPROPERTY: (assessment identified in Fîgineer's Report dated September 27, 1960): Assessment Roll Number : 3441400-003-03500 Legal Description : Pa¡tLots 15. Concession5 Drainage Apportionment : Watershed l/2 acræ Valued at $20.00 REVISED DRA,INAGE ASSESSMENT SEVERED PROPERTY: Assessment Roll Number : 3,1-01400-003-03400 Legal Description : PART l, 2 on PLAN l lR-51,l4, Part Lot 15, Concession 5 Drainage Apportionment : Assessed Value $20.00 (0.37o) REMAININGPROPERTY: Assessment Roll Number : 3441400-00343500 IægalDescription : Partlots 15, Concession5 Drainage Apportionment : Assessed Value $0.00 (0%) We do firrther agree that thìs Ag'eement will cease when a new Engineer's Report is accepted by Council of the Municipality of Bayham, ¿5s6ssi¡g this portion of the above noted municipal drainage system. We hereby petition the Council of the Municipality of Bayham to accept these new apportionments by resolution and/or By-law and we attest to this Agreement by signing our names as the property owners of the lands hereinbefore described. (Sipature of: Aaron Nurse) DATED:DATED: (Signature of Wihess)(Signature of Wiüress) Staff Report DR2009-005 regarding Adler Municipal Drain Reap... Page 100 of 309 TIIE CORPORATION OF THE MT]NICIPALITY OF BAYHAM BY-LAW #2009-06s AMENDINGBY-LAW #1429 BEING A BY.LAW TO PROVIDE Í'OR THE ADLERMI]MCIPAL DRAIN WHEREAS the Corporation of the Township of Bayham ByJaw #1429 ertaciced on the 31r day of October 1960 provided for the construction of the Adler Municipal Drain; and for the levy assessm€nts upon lands and roads to which the Adler Municipal Drainage works is chargeable; AND WIIEREAS a portion of lands fa[ing within the watershed of the Adler Municipal Drain are proposed to be severed and as a condition ofSeverance Consent Application E90/08, as zuch it is necessary to reapportion the drainage assessment affecting those lands affected; AND WIIEREAS an "Agreement between Propefy Owners for Drainage Apportionment due to Iand Severance or Sald' as prepared by the Bayharn Drainage Superintendent has been accepted and duly executed by ttre cun€nt property owners ofthose retained and severed lands; AND IVHEREAS the Council of the Corporation of the Municipality of Bayham now deems it necessary to reapportion the assessments contained within the assessment schedules attached to By -law #l 429 ; NOW THEREFORE THE CORPORATION OF TI{f'. MI]NICIPALITY OF BAYHAM HEREBY ENACTS AS FOLLOWS: l. THAT the assessment contained in G. Duncan Black Engineer's Report dated September 27, 1960 affecting property identified as Roll Number 34-01-000-003- 03500 for lands located within part of Lot 15, Concession 5, with a watershed of l/2 acre, valued at $20.00 shall be reapportioned as follows: SeveredProperty: Assessme¡rtRoll#34-01-000-003-03400 Legal Description: Part l, 2 on Reference Plan #l1R-5144 Pa¡t Lot 15, Concession 5 Drainage Apportionment: Assessed at $20.00 Remaining Propertlr: Assessme,nt Roll #34-01 -000-003-03500 Legal Description: Pa¡t Lot 15, Concession 5 Drainage Apportionment: Assessed at $0.00 2. TIIAT the apportioned costs of any future maintenance work authorized by the Council of the Municipality of Bay4ram and carried out under the supenrision of the Drainage Superintendent on the Adler Municipal Drain shall reflect the reapportionment in Paragraph #1 herein. 3. THAT the reapportionment of drainage assessments as set out in Paragraph #l herein will cease when Council accepts a new Engineer's Rqrort assessing this portion of the AdlerMunicþal Drain. 4. Effective Date: This By-law comes into full force and effect on the passing thereof. Read a firs! second and third time and finally passed this 7th day of May 2009 Mayor Clerk Staff Report DR2009-005 regarding Adler Municipal Drain Reap... Page 101 of 309 Page 102 of 309 CORPORATION OF THE MTJNICIPALITY OF BAYHAM STAFF REPORT TO: Mayor & Members of Council DATE: April 30,2009 FROM: Gerry LeMay, Manager Public Works FILE: SUBJECT: Monthly Report NUMBER: PW 2009-10 Purpose This report outlines the work done by The Public V/orks Department in the past month as a bench mark to ensure all is being done to ensure we are moving forward with repairs and ensuring the roadways and sidewalks are safe for the residents within the Municipality of Bayham. Background Council has discussed a desire to ensure the Public Works Depafment is meeting all legal requirements in checking roads, sidewalks and utilities to prove our legal requirements while inspecting all utilities and repair those requiring work in a timely manner. This report outlines where the repairs have been undertaken and what the Public Works Department has planned for the future' Staff Comments The Manager of Public Works indicates the steps taken to ensure all legal requirements have been meet and steps are being taken to eliminate any future concerns. Under the Strategic Priorities Goal #2 (Ensure reliable, well maintained and secure infrastructure) subsection 3 we have meet this parameter of the priorities with this By-Law ensure a standard system for the Municipal roadways. Attachments 1. Monthly Report Strategic Plan Goal(s) 1. Goal #2 - Ensure reliable, well maintained and secure infrastructure Recommendation THAT Staff Memorandum 2009-10 be received. Respectfully submitted, Gerry LeMay, Manager Public Works Staff Report PW2009-10 regarding Public Works Monthly Report... Page 103 of 309 Monthly Report - Public Works Department *Equipment- Rust proofing of atl equipment in order to extend the life and increase the resale value of equipment from Bayham * Tenders have gone out for a broom for the loader, Y¿Ton Truck, Hot Mix Transporter, Steel Siding on Garage Building and Sand Shed for the Works Garage. *Changing of several culverts, which we have found to be in ill repair due to inspections, as outlined in our inspection protocol -Changed the culvert at Owl Cage and Toll Gate Road just north of Light Line. *Road Inspections carried out in order to ensure we have a record of any deficiencies and place these on a list for repairs *Catch basins have been cleaned in Port Burwell and Vienna and the County Roads in order to allow for the proper escape of water. Crews also repairing lids and catch basins, which are damaged. *Signs are being installed and straightened up thru out the municipality *Shoulders of roads have been graded in order to regain the area for vehicles to pull oyer in the event they require to do so also to allow for the escape of water from the roadway, which will give us a longer life on the roadway. *Cleaning of ditches thru out the municipality and fixing areas' which caused some concerns thru the winter where ice formed on the roadways and we are now hopefully eliminating this concern *Streets have been swept and bridges have been flushed down to remove the winter sand/salt *Picking up garbage thrown on roadways and right of ways and assisting in cleanup with Community groups. *Cleaning the beach area in Port Burwell in anticipation of summer- removing the debris from the beach area and raking the sand in an attempt to give a grade to have the water drain from the beach to provide a clean area for the tourists *Getting information together for repair of roadway (Mitchell) in order to correct the sharp curve before Heritage Line. *Continue to work on Policies and Procedures as well as By-Laws Staff Report PW2009-10 regarding Public Works Monthly Report... Page 104 of 309 CORPORATION OF THE MTINICIPALITY OF BAYHAM STAFF REPORT TO: Mayor & Members of Council FROM: Gerry LeMay, Manager Public Works SUBJECT: Stop Signs-Somers Road- Trillium Railway DATE: luf.ay7,2009 FILE: ' I ' NUMBER: PW 2009-09 Purpose This By-Law is to present recommendations from the Manager of Public Works regarding a stop sign on Somers Road and Trillium Railway in both the north and south directions within the Municipahty of Bayham. Background The reasoning for stop signs on Somers Road at the Trillium Railway would be to eliminate any concern with vehicles climbing the railway tracks and causing traffic concerns with vehicles and trains colliding. This By-Law outlines where the vehicles will stop going both northerly and southerly on Somers Road while approaching the Trillium Railway crossing. Staff Comments The Manager of Public'Works indicates the legal description of the area, being Lots 10 and 11, Concession 10, as outlined in the By-Law which will allow the By-Law Enforcement Officer or the Ontario Provincial Police the right to prosecute any one who does not stop at the signs once installed. Under the Strategic Priorities Goal #2 (Ensure reliable, well maintained and secure infrastructure) subsection 3 we have met this parameter of the priorities with this By-Law ensuring a standard system for the Municipal roadways. Attachments 1. Stop Sign By-Law- Somers Road/Trillium Railway Strategic Plan Goal(s) 1. Goal #2 - Ensure reliable, well maintained and secure infrastructure Recommendation THAT By-Law No. 2009-068, being a By-Law to regulate the stopping of vehicles at the intersection of the Trillium Railway tracks and Somers Road be presented to Council for enactment. Respectfully submitted, Gerry LeMay, Manager Public'Works Staff Report PW2009-09 regarding Stop Signs - Somers Road - ... Page 105 of 309 TIIE CORPORÀTION OF THE MUNICIPALITY OF'BAYIIAM BY-LA\il NO. 2009-068 BEING A BY-LAW TO REGULATE TIIE STOPPING OF VEHICLES AT THE INTERSECTION OF'THE TRILLII]M RAILWAY TRACKS AND SOMERS ROAD }YITHIN THT', MUNICIPALITY OF'BAYHAM \ilHEREAS The Munìcípallcr, Section 1l authorizes Municþalities to pass By-Laws regarding highways; AllD WHEREAS the Municipality of Bayham is desirous to regulate the stopping of vehicles at Lots l0 & 11, Concession 10, being the intersection of the Trillium Railway and Somers Road within the geographic boundaries of the Municipality of Bayham; AND IYEEREAS the Council of the Municipality of Bayham deems it expedient to approve such regulation of vehicle stoppage by By-Law; NOW THF-R]EFORE THE COI]NCIL OF THE CORPORATION OF TIIE MI]IVCIPALITY OF BAYIIAM ENACTS AS F'OLLOWS: 1. THAT a stop sip be placed on the west side of Somers Road, a distance of 949.58 meters southedy from Green Line prior to the crossing of the northwest section of the Trillium Railway 2. TIIAT a stop sign be placed on the east side of Somers Road, a distance of 1,036.78 meters northerly from Best Line prior to the crossing of the southeast section of the Trillium Railway 3. THAT this byJaw shall come into full force and effect upon final passage and enactnsnt. READ A trTRST, SECOND A¡ID THIRD TIME AITD FINALLY PASSED TIIIS 7Ih DAYOFMAY2OO9. MAYOR CLERK Staff Report PW2009-09 regarding Stop Signs - Somers Road - ... Page 106 of 309 Municipality of Bayham Building Permits For The Month of Apr 2009 D¡te¡May-02-2009 File: Pl0 No.Date Roll #Permit Ilolder Property Description Bulldtng Tvoe Value Permlt Fee Septic /Sewer Fee l4 7-Anr 008-06338 Wall, Abram 5562 Richmond Road reoair existine septic svstem 1.200 2s0.0( l5 16-Aor 2-001 -30700 Henrv. Rick 13 Pitt Street )onstruct \ilood deck 3ó0so ft I,200 75.0( l6 l4-Apr 006-02801 Robinson, Diane 56371 Howev Line Jonstruct detached storase sarase 480so ft 5.000 75.0( l7 l4-Aor 2-00t -t 7600 B&S Crevits Holdinss Inc 57575 Lisht Line ùemollsh existine detached sarase 2.00c l8 l5-Apr )0s-12100 Suitor. William 1338 Culloden Road rebuild roofofexistine house l68so ft & oorch 50c 189.0( 19 l7-Aor 003-12220 Veit, Terry 57250 Jackson Line ronstruct storase shed 400so ft 50c 75.0( 20 20-Aor )02-00800 Theriault. John 5974 Plank Road rebuild front exterior steos 72so ft 1.00(83.0( 2l 21-Arr.0-00s- I 3620 Hoorelbeke. Ronald 55767 Green Line rne storey house w/attached sarase 29l2sq ft 225.00(1510.0(350.0( 22 2l-A¡r 2-001-05700 Tavlor. Sam 72 Victoria Street ]onstruct two one storey additions 350sq ft 30.00(332.0( 23 23-Aor ¿-001 -13500 Redsell. Mathew 18 Shachan Street .'nclose front and rear entrance. sreenhouse addition 1.00(I 19.0( 24 30-Apr )-006-l 390s Dunn, Sidnev l25l I Bayham Norfolk Rd tonstn¡ct detached storase buildins 768sq ft 15.00(252.01 April-09 282.400 2.710.00 600.0( 2OO9 YEARTO DATE 1.151.600 9.EE7.00 2175.00 Aprtl-08 r.029.90r 10.791.00 1050.0( 2OO8 YEAR TO DATE l-6s2-291 17.34s.00 1575.0C fÏll,ltå1ï,r,0",,00., PrePared bY: X"ri"*"dAfu Building Permit Report for the Month ending April 30, 2009. ... Page 107 of 309 Page 108 of 309 CORPORATION OF THE MUNICIPALITY OF BAYHAM STAITI REPORT TO: FROM: Mayor & Members of Council P. Groeneveld Fire Chief/CEMC/By-law Enforcement Officer DATE: May 7,2009 F'ILE: P16 NUMBER: P2009-013SUBJECT: Fire Department 2009 First Quarter Report Purpose Provide Council an overview of Fire Department activities for the First Quarter (January - March) of2009. Fire Department Activities Response Activities The Fire Department responded to 4l emergency incidents in the l't Quarter of 2009 as compared to 32 in the same period of 2008, a22o/o increase. I Annual lncident Volumes 45 40 35 s3o625 Ezos1s 10 5 0 coI s o 140 120 100 80 60 40 20 0 2005 - 2009 First Qtr. lncidenr Volumes cooıs o Annual lst Qtr. lncident Volumes 16 '14 12 10 6 4 2 0 I 1 l Staff Report P2009-013 regarding Fire Department 2009 First ... Page 109 of 309 Incident Tvpes Medical incidents represented 58% (24) of the total responses for this period. Patient symptoms initiating the medical responses included "chest pain" (I2) and "VSA" (2). Requests for assistance due to EMS Delay or Assistance resulted in the stations responding to ten (10) incidents. The Department responded to 6 (15%) motor vehicle collisions. The Department responded to 6 (15%) fires. Fire incidents included responses as a result of unauthorized/uncontrolled burniîg(2), vandalism, vehicle, stovetop and appliance malfunction. Other alarms included monitored alarm malfunctions (3) and one unknown odor incident. Smoke alarm violations were observed at the two emergency incidents involving fire/smoke conditions in residences. Department offrcials took appropriate actions to ensure smoke alarms were in place as per the Fire Code immediately following the incidents. lncident Types - lst Qtr. 2008 lncidents Types - lst Qtr. 2009 Other (2) 60/o Fire (4) MVC (8) 25% I Medica / (24) ' 58% Pt. Bunvell lncident Types - lst Qtr. 2009 Fire (4) 21o/o Straffordville Incident Types - 1st Qtr. 2009 Fire (2) fVledical ,i (10) I 460/o -=\MVC (0) Oo/o Staff Report P2009-013 regarding Fire Department 2009 First ... Page 110 of 309 Response Pt. Burwell responded to 46%o (19) of incidents and Straffordvilleto 54Yo (22) (see chart). lncident Volumes by Station - 1sû Qtr. 2009 R. Burwell (1e) 460/o a strarrordville 54o/o Straffordville and Pt. Burwell assisted each other at one incident involving reports of fires in a structure/residence. The average attendance per incident was I2.0 firefighters (2008 avg.- l2.l;2007 avg.- 12.7). The Port Burwell station averaged 10.5 firefighters per incident and Straffordville 13.6. Economical Impact The total estimated dollar loss for the 1't Quarter was -$15,000, all related to vehicle darnage at a MVC fire. Fire SafeW Inspections The Municipality did not receive requests for fire safety inspections or complaints regarding violations of the Ontario Fire Code. The Chief Fire Offrcial conducted three inspections as a result of post-incident investigation. Department personnel have scheduled a number of industry tours throughout 2009. The tours will include the development of Fire Pre-plans to assist department response during a ltre emergency. Public Education and Awareness Staff prepared a smoke alarm article "Make it Stop Campaign article for the Municipal Newsletter distributed in the first property tax bill (February). Staff Report P2009-013 regarding Fire Department 2009 First ... Page 111 of 309 Staff has arranged to place fire safety articles in the Pt. Burwell and Straffordville school newsletters, Around About Bayham Newspaper and on the municipal website. The following articles appeared in the respective media outlets: Other hre safety messages were provided as follows: . Stay clear of high water and ice - Pt. Burwell Station Sign . Change your clock - Change your alarm batteries on Municipal Sign in March Training Department Training Officers, Trainer Facilitators, Station Chiefs and Chief have jointly established training programs and schedule for 2009. The program includes training in the Ontario Fire College Firefighter Curriculum, traffic protection, CPR, AED, firefighter survival - self- rescue, driver safety, ladders, shore based water rescue, auto extrication and SCBA. The first quarter avetage attendance per station training session was 15.4 firefighters (2008 avg. - 15.7;2007 avg.- 14.1) with Straffordville averaginglT.3 firefighters (2008 avg.- 18.8;2007 avg.- 16.2) and Pt. Burwell 13.5 f,rrefighters (2008 avg.- 13.2;2007 avg.- 12.0). The average participation in apparatus and equipment inspection days was: All Specialty Teams have established a training schedule (one session per month) for 2009. The Specialty Teams will normally meet monthly as follows: Firefighters also attended courses at the Ontario Fire College. The Fire Chief and one Captain from the Port Burwell station attended an Anhydrous Ammonia training seminar sponsored by a local distributor. Payroll lValue per Point) Since December 2008 firefighters accumulated-3396 points (Fire + Regular Training Sessions + Meetings) over the first four (4) months (Dec. '08 - March '09) of this pay period (Dec. '07 - May'08). In 2008 firefighters accumulated^2437 points and in 2007 fireftghters accumulated 3122 points for the same period. Staff Report P2009-013 regarding Fire Department 2009 First ... Page 112 of 309 The average points accumulated per month (Dec. - Mar.) for the department was 849. Based on the average points per month the projected total points for the current pay period will be -5094 (Dec. - Mar. (3396) + Apr. - May (1698). Therefore the projected pay per point value for the period December'08 to May'09 is -$6.85 (534,922 + 5094). Based on the projected pay per point value the minimum point value of $10.00 per point will be applied. Therefore a shortfall of approximately $16,000 is projected for the first pay in 2009. Pending second half fire activities, the department is expecting a shortfall in firefighter salary and wages as approved in the 2009 budget. Staff The current staff complement is as follows: Port Burwell - 18 firefighters Straffordville - 19 firefighters, 1 auxiliary firefighter Burn Permits Since January 1,2009 staff issued 40 burn permits as compared to nineteen (19) in 2008. Points Per Pay Period - Dec. to May 09 Dec - î¡hr !t.9 6000f sooo E 40003 sooo{ zooog 1000cn oÀ 09 ftojected Year Staff Report P2009-013 regarding Fire Department 2009 First ... Page 113 of 309 The department responded to one grass fire where the property owner obtained a burn permit and violated the conditions of the permit, and one gtass fire where the owner did not obtain a burn permit. Department Officials issued written warnings to both property owners. Automatic Aid Agreement The municipality was not invoiced for any incidents in the first quarter under the Automatic Aid Agreement with Southwest Oxford. Ministr.y of Transportation The municipality did not respond to any incidents on Highway 3 in the first quarter and therefore did not invoice the Ministry of Transportation. The following chart indicates the amount of fees collected annually by the municipality for responding to incidents on Highway 3. 12000 I 0000 P 8000g 6000t 4ooo 2000 0 Automatic Aid Fees - Annual 8000 6000 4000 2000 0 Staff Report P2009-013 regarding Fire Department 2009 First ... Page 114 of 309 Stratesic Goals Goal #4 - Be Dedicated to service excellence. Recommendation í(THAT Staff Report 2009-013 regarding the 2009 First Quarter Report - Fire (January l't - March 31t) be received for informationt'. Respectfully submitted, Staff Report P2009-013 regarding Fire Department 2009 First ... Page 115 of 309 Page 116 of 309 CORPORATION OF THE MUNICIPALITY OF BAYTIAM .SI7[I|IÍ]HEföKT'rl-i* i j :'',- i'::'. TO: FROM: Mayor & Members of Council P. Groeneveld By-law Enforcement Officer DATE: May 7,2009 FILE: P16 SUBJECT: By-Law Enforcement Program -20091't Qtr. Report NUMBERIP2009-012 Purpose Provide Council an overview of the By-law Enforcement Program activities for the First Quarter (January - March) of 2009. Bvlaw Activities Do g Re gistration/Licensing Municipal staff processed approximately 895 dog registration renewals from Jan. - Mar. 2009 as compared to 839 in 2008. In 2008 the Municipality registered 1,052 dogs. For the period Jan. - Mar.2009,512,526 was collected $13,526 for the same period in 2008. in annual fees as compared to Annual Dog Registrations 1200 ø 1000tr.e 8oo (!! 600ú, B 400É' 2oo 0 Annual Dog Tag Revenues 25000 20000 eE 15000 oã 10000 cl 5000 0 Staff Report P2009-012 regarding By-Law Enforcement Program ... Page 117 of 309 Dog License Renewal Notices were distributed to all households in the municipalþ via general mailing prior to the November 2008 property tax installment due date. As of March 31,2009 based on 2008 records there are approximately 148 outstanding dog tags for 2009 as compared to 202 in 2008. In April staff will be distributing final notices to these dog owners encouraging renewal for 2009. Early Renewal Program As of January 31,2009 approximately 553 tags had been sold (Nov. 1/08 to Jan.3ll09)' under the early renewal discount program as compared to 600 tags sold under the early renewal discount program for 2008 tags (sold Nov. 1/07 to Jan 3ll08). Dog Licensing Agent In February and March 2009 the municipality's Dog Licensing Agent attended the residences and attempted to secure fees and renew dog licenses for 2009. The Agent sold 195 dog tags during his door-to-door visits to residents. As of April2l,2009 an additional 80 tags were sold at the municipal office as a result of the Agents visits. 2005 2006 2007 2008 2009 Tags Sold By Dog Licence Agent (February 1't - March 31$)250 239 328 168 195 Tags Sold as a Result of Agent's visit (Office Purchases)097 154 94 86'80*" Total Tags Sold At Agent Visit 347 393 422 254*275** Dog Licence Agent Fees ($8 / Tag)92,776 $3,1,14 $3,376 $2,032 $2,200** * As of April 3,2008 ** As ofApril2l,2009 2 Early Registration - Dogs o 700 ,9 600 E sooo'ı 400oÉ 3oo E zoo t¡l5 100+Èo Staff Report P2009-012 regarding By-Law Enforcement Program ... Page 118 of 309 Dogs lmpounded Annually 60 50 3,40oo30 lro 10 0 Canine Control The Municipality requested the Canine Control Agent pick up fifteen (15) dogs from January to March 2009 as compared to ten (10) during the same period in 2008. Canine Control costs from January to March 2009 were $3750 as compared to $3590 for the same period in 2008. Annual Ganine Gontrol Costs - 1st Qtr' 4000 3500 3000 g 2500 E zooot rsoo 1 000 500 0 As of March 3l't the Canine Control Agent was able to arrange adoption for four (4) dogs. Eight (8) owners reclaimed their dogs and three (3) were dealt with in accordance with the By-law. Staff sends a written warning to owners of dogs found running atlarge. 3 Annual Canine GontrolAgent Gosts 14000 1 2000 I 0000 Ë Booo E 6000 4000 2000 0 Staff Report P2009-012 regarding By-Law Enforcement Program ... Page 119 of 309 Dogs Adopted/Cla imed FircÉ Quarter - 2009 Adopted 27o/o OainBd 53o/o Dogs Adopted/Claimed - 2008 doPted 29o/o By-Law Enforcement The Municipality received approximately fifty-one (51) complaints pertaining to various Municipal ByJaws. The majority of complaints were received in March (51% (26)). By-Law lnquiries/Month 30 ,25 Ê'ı 20 -o. E15o 3rooIts 0 JFMAMJJASOND Month Dog Control issues accounted for approximately 58% (30) of all complaints in the first quarter of 2009. 4 Staff Report P2009-012 regarding By-Law Enforcement Program ... Page 120 of 309 By-law Complaints - lst Qtr. 2009 Yard Mtc. (5) 1Oo/o \ Other (6) 12% ) ì Garbage/Litter ing (2) 4o/o Other type complaints were in regards to animal control, parking, gafta'gellittering and property standards. Enforcement Officers contacted owners in violation of a By-law and educated them of their responsibilities under the related By-law. In addition staff continues to monitor progress on compliance with "Notices of Violation" and "Notices of Non-Compliance" issued under the Property Standards and Yard Maintenance By-laws. Staff did not issue any charges in the first quarter for by-law violations. Livestock Valuation Staff did not receive any requests for reimbursement under the Livestock Valuation program. General In January staff issued two parking tickets to a resident in Corinth for continued parking on the sidewalk. On March 4,2009, staff attended court and the municipality achieved conviction for a zoning by-law violation (2003). The defendant was fined $750 and a court prohibition order was issued. The municipality incuned $1,354.14 for legal fees in the first quarter. Staff has one charge from 2008 before the courts with a trial date of April 27,2009. Dog (30) 58o/o Staff Report P2009-012 regarding By-Law Enforcement Program ... Page 121 of 309 Strateeic Goals Goal #4 - Be Dedicated to service excellence. Recommendation "THAT StaffReport 2009-012 regarding the By-law Enforcement Program 2009 l't Quarter Report (January l't- March 31') be received for information". Respectfully suþitted, 6 Staff Report P2009-012 regarding By-Law Enforcement Program ... Page 122 of 309 CORPORATION OF THE MI]NICIPALITY OF BAYHAM STAF'F REPORT TO: Mayor & Members of Council DATE: ll4ay 7,2009 FROM: Paul Groeneveld FILE: POlYard By-law Enforcement Officer SUBJECT: By-Law Yard Maintenance Contract NUMBER: P2009-019' Services 2009 Purpose: Obtain Council approval for the Mayor and Clerk to enter into an agreement for yard maintenance services pertaining to By-law Enforcement. Background: By-law 2002-009 Maintenance of Yards (As Amended) Section 20.1 of Municipality of Bayham By-law #2002-009 Maintenance of Yards provides: If any owner and/or any occupant of any lands andlor premises fails to comply with anything required to be done in accordance with this By-law, the Municipality of Bayham in addition to all other remedies, shall: (a) Have the right to repair the said lands andlor premises so as to create and/or maintain compliance with those standards set forth in this By-law, and, for this purpose with its servants and agents from time-to-time to enter in and upon the property; (b) Not be liable to compensate such owner or any other person having an interest in the property by reasons of any thing done by or on behalf of the Municipality of Bayham under provisions of this subsection, and (c) Have the right to recover from the owner of the property any amount expended by or on behalf of the Municipality of Bayham under the authority of this section and such amounts may be collected in like manner as municipal taxes (d) Where any of the matters or things are removed in accordance with this By-law the matters or things may be immediately disposed of by the Chief Building Official, Property Standards Officer or designate. Enforcement Staff investigates all complaints regarding violation of the Yard Maintenance ByJaw. Residents in violation of the By-Law are issued a Notice of Violation and Repair requesting compliance with the By-Law by a specific date. By-Law Enforcement staff may exercise the Municipality's authority under the By-Law when the property owner fails to comply with the violations by the specified date. Staff Report P2009-019 regarding By-Law Yard Maintenance Con... Page 123 of 309 The Municipality utilizes a contractor (under agreement with the Municipality) to exercise its authority under the By-Law. The Municipality's authorþ includes entering on to the property and undertaking necessary action to bring property into compliance. The property owner is responsible for all costs incurred by the Municipality plus a fifty-dollar ($50) administrative charge to bring the property into compliance. If the property owner does not pay the invoice within a reasonable period of time the costs incuned by the municipality are added to the property's tax roll and are subject to the same penalties and interest as over due tax payments. In most cases the municipality utilizes a contractor to address violations under the Yard Maintenance By-Law pertaining to the length of grass and weeds. Yard Maintenance Agreement - 2008 The 2008 service provider has informed staff they are no longer interested in continuing the yard maintenance enforcement activities for the Municipality. The current agreement expired December 31, 2008. The Contractor provided services as an independent contractor and not as an employee of the municipality. From 2006 to 2008 the Municipality incurred yard maintenance fees as follows: .2006 $3,607.49 . 2007 $1,053.25. 2008 $ 772.80 Yard Maintenance Agreement - 2009 Staff contacted four (4) local service providers and requested a quote for yard maintenance services as per the current yard maintenance agreement. The new Contractor will be required to maintain a comprehensive liability insurance policy of not less than $2,000,000 providing coverage for and including bodily injury, death or property damage and waive their rights under Section 11(3) of the Workers' Compensation Act to hold the Municipality liable for any liability of the Contractor for assessments and levies owing to the Worþlace Safety and Compensation Board. Staff received one quote as follows: . Ground Effects Landscape and Design, Aylmer ON $80.00 per hour Two service providers did not provide a quote and the third did not have the required liability insurance. Staff Report P2009-019 regarding By-Law Yard Maintenance Con... Page 124 of 309 Staff Comments: In 2008 the Municipality agreed to pay the Contractor $64.00 per hour plus applicable taxes for grass cutting,yard clean up and debris removal. The Municipality will also be invoiced for extra charges (example: tipping fees regarding debris to be disposed of) in addition to the hourly rate. Written confirmation of the amounts expended on behalf of the Municipality will be provided and attached to the invoice reflecting said charge. All costs for enforcement of the yard maintenance provisions are applied to the property tax assessment file and collected in accordance with the Municipal Act. Based on past history of the number of incidents where the Contractor assisted the Municipality, staff anticipates the Municipality's2009 budget will not be negatively impacted. Authorize the Mayor and Clerk to execute an agreement with Ground Effects Landscape and Design as per By-law #2009-062 to provide Yard Maintenance Contract Services for a period ending April30' 2009. Utilize public works staff to provide the required services and recover costs incurred by the Municipality. Recommendation: That staff report P2009-019 regarding By-law Yard Maintenance Contract Services for 2009 be received; AND THAT Council authorizes the Mayor and Clerk to execute an agreement with Ground Effects Landscape and Design as per By-law #2009-062 for a period ending April 30,2009. Respectfu lly submitted, 2. Enforcement Officer Staff Report P2009-019 regarding By-Law Yard Maintenance Con... Page 125 of 309 THE CORPORATION OF THE MTJNICIPALITY OF BAYHAM BY-LAW NO. 2009-062 A BY.LAW TO AUTHORIZE THE EXECUTION OF AGREEMENT BET\ilEEN THE MUNICIPALITY OF BAYHAM AND LEN FROESE OPERATING AS GROUND EFF'ECTS LANDSCAPE AND DESIGN FOR THE PROVISION OF BY.LAW ENF'ORCEMENT YARD MAINTENANCE SERYICES WHEREAS the Municipalþ of Bayham is desirous of entering into an agreement for the provision of yard maintenance services associated with by-law enforcement on an "as needed" basis; AND WHEREAS the Council of the Corporation of the Municipality of Bayham is desirous of entering into a contract agreement for provision of said services with Len Froese O/A Ground Effects Landscape and Design. THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. THAT the Mayor and Clerk be and are hereby authorized to execute the Agreement attached hereto as Schedule $A" and forming part of this By-law between the Municipality of Bayham and with Len Froese O/A Ground Effects Landscape and Design for the provision of yard maintenance services associated with by-law enforcement on an "as needed" basis. 2. THAT this By-law shall come into full force and effect upon final passing. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 7th DAY OX'MAY 2009. MAYOR CLERK Staff Report P2009-019 regarding By-Law Yard Maintenance Con... Page 126 of 309 YARD MAINTE NANCE SE RW CE S THIS AGREEMENT made intriplicate this day of ,2009. BETWEEN: LEN FROESE O/A GROUND EFFECTS LANDSCAPE AND DESIGN (hereinafter referred to as the "Contractor") of the First Part -and- THE CORPORÄTION OF THE MUNICIPALITY OF BAYHAM (hereinafter referred to as the "Municipality") ofthe Second Part \ryHEREAS the Municipality of Bayham is desirous of entering into an Agreement for the provision of yard maintenance services associated with By-law Enforcement on an "as needed" basis, within the geographical area of the Municipality of Bayham; AND WHEREAS the Council of the Corporation of the Municipality of Bayham is desirous of entering into a contract agreement for provision of said services with Len Froese, O/A Ground Effects Landscape and Design. NOW THIS AGREEMENT WITNESSETH AS FOLLOWS: 1. The Contractor hereby covenants and agrees to perform yard maintenance services as requested and specified by Bayham By-law Enforcement Officers, at residences within the Municipality of Bayham. 2. The Municipality hereby covenants to pay to the Contractor the sum of EIGHTY ($80.00) DOLLARS per hour, plus applicable G.S.T. Payment will be made within twenty (20) days following the submission of completed and approved invoice. Extra charges (example: tipping fees regarding debris to be disposed of) will be charged to the Municipality in addition to the hourly rate. Written confirmation of the amounts expended on behalf of the Municipality will be provided and attached to the invoice reflecting said charge' Staff Report P2009-019 regarding By-Law Yard Maintenance Con... Page 127 of 309 6. 7. 4. 5. ll. The Agreement shall take effect upon the execution of this Agreement for a period up to and including April 30, 2009, unless sooner terminated in accordance with the Agreement or by agreement of the parties. Either party may terminate this Agreement upon forty-five (45) days notice in writing to the other party. Such notice may be mailed by ordinary prepaid mail to the other parry, and this Agreement shall terminate on the forty-fifth day following the date of the mailing. It is understood by the parties hereto that there will be no adjustment in fees paid by the Municipality during the full term of this Agreement. It is understood by the parties that all services carried out hereunder by Len Froese, O/A Ground Effects Landscape and Design shall be as an independent contractor and not as an employee of the Municipality, Any notice required to be given under this Agreement must be in writing and in the case of the Municipality, to: The Clerk, The Municipality of Bayham 9344Plank Road, PO Box 160, Straffordville Ontario NOJ 1Y0 and in the case of Len Froese, O/A Ground Effects Landscape and Design to: Len Froese, O/A Ground Effects Landscape and Design 51475 Talbot Line East, RR #1 Aylmer Ontario N5H 2Rl That there have been no representations, oral or written, by either party, save as contained herein. The Contractor covenants and agrees as follows: (a) They shall, during the entire term of this Agreement, provide and keep in force for the benefit of the Municipality, a comprehensive general liability insurance policy, including the Municipality as an additional insured, in an amount of not less than $2,000,000 providing coverage for and including bodily injury, death or property damage; (b) They shall furnish to the Municipality, upon the execution of this Agreement, copies of the certificates of insurance, showing that they have complied with the provisions of Paragraph 5(a) including naming the Municipality as an additional insured. The Contractor shall indemniff and save harmless the Municipality and their employees from all actions, suits, claims and demands whatsoever which may arise directly or indirectly by reason of a requirement of this Agreement, save and except from damage caused by the negligence of the Municipality or their employees. The Contractor shall furnish to the Municipality, upon the execution of this Agreement, a Clearance Certificate issued by the Worþlace Safety & Insurance Board, which waives its rights under Section 11(3), R.S.O. 1990 of the llorkers' Compensation Act to hold the Municipality liable for any liability of the Contractor for assessments and levies owing to the V/orþlace Safety & Compensation Board. In the case the Worþlace Safety & Insurance Board refuses to issue such certificate, a waiver form satisfactory to the municipality shall be executed. 8. 9. 10. 12. Staff Report P2009-019 regarding By-Law Yard Maintenance Con... Page 128 of 309 13. The contractor shall use his or her own vehicle and yard maintenance equipment for carrying out the services requested. 14. The Municipality shall supply to the contractor an identification card bearing their photograph, which shall be displayed for all persons contacted by the contractor, while providing the services herein. Such card shall be returned to the Municipality immediately at the end of the service period. 15. This Agreement shall ensure and be binding upon the Parties hereto when attached to and confirmed by By-law of the Council of the Municipality and signing by the Contractor and shall not be assigned without the consent of the Municipality. IN WITNESS WHEREOF I HAVE HEREUNTO SET MY HAND AND SEAL, CONTRACTOR: Date WITNESS: Date IN WITNESS WHEREOF THE CORPORATE SEAL OF THE MUNICIPALITY IS HERETINTO AFFIXED AND ATTESTED BY TIIE PROPER SIGNING OFFICERS THEREOF. AUTHORIZÄTION: THE CORPORATION OF THE MI]I¡TCIPALITY OF B,A.YIIAM BY-LAW NO. #2009-0062 Mayor Date Clerk Date Staff Report P2009-019 regarding By-Law Yard Maintenance Con... Page 129 of 309 Page 130 of 309 CORPORATION OF THE MUNICIPALITY OF BAYHAM STAFF REPORT TO: Mayor & Members of Council DATE: lllay 7,2009 FROM: Paul Groeneveld FILE: Pl4 By-law Enforcement Offrce SUBJECT: Dog Control By-Law 2001-094 Amendment NUMBERz P2009-017 Purpose: Council to enact proposed ByJaw #2009-059 to amend ByJaw 2001-094, being a By-law to regulate and control dogs, to consolidate By-law 2001-094 and all amending By-laws, introduce provisions required under The Accessibilityþr Ontarians With Disabilities Act and amend fees for impoundment of dogs. Backsround: By-law 2001-94 Municipal By-law 2001-094 regulates and controls dogs harbored within the municipality. This ByJaw has been amended since enactment to include provisions for fee adjustments and Animal Rescue Facilities. The By-law curri:ntly requires dog owners to pay the following fees for dogs impounded for running at large. Where a dog is transported to the Pound, Fees paid to Pound Keeper: First full day or part day in the pound $50.00 Additional day or part day in pound S15.00/day In addition, the municipality pays the Canine Control Agent an additional $50.00 per dog impounded/picked-up as per an agreement between the Municipality and Agent. During 2009 Budget meetings Council directed staff to move forward with a cost recovery mechanism in the By-law requiring owners of dogs to pay full cost of impounding a dog. Accessibility for Ontarians With Disabilities Act Accessibility standards for customer service under this Act require municipalities to establish policies, practices and procedures governing the provision of goods or services to persons with disabilities. Every designated public sector orgarization shall prepare policies, practices and procedures with respect to guide dogs, service animals and support persons as defined under the regulations. Staff Report P2009-017 regarding Dog Control By-Law 2001-094... Page 131 of 309 Staff Comments Impoundment Fees Currently a person retrieving an impounded dog contacts the Canine Control Agent to arrange for pick up and payment of fees as prescribed under the By-law. The Agent collects $50.00 plus $15.00 per day boarding fee for dogs impounded. In addition, the Municipahty pays the Agent an additional $50.00 for each dog impounded. The Agent receives at a minimum $100.00 plus boarding fees for each dog impounded and retrieved by the owner. The Agent at a minimum receives $50.00 plus boarding fees from the Municipality for all dogs impounded by the Agent and not retrieved by the o\tr'ner. Proposed ByJaw 2009-059 The attached proposed By-law 2009-059 consolidates By-law 2001-094 and all amending By- laws and incorporates the following amendments: . Definition of a Service Companion Animal as defined under the Accessibilityþr Ontariøns with Disabilities Act . Provisions for a person with a disability and having care and control of a service or companion animal to enter onto the East Beach in Port Burwell . Fee exemptions for registration of service or companion animal (dog) . Increased fees for impoundment of dog . Payment of all impoundment fees to the Corporation . Increased set fines for Dangerous and Potentially Dangerous Dog violations Short Form Wordings By-law 2001-094 contains short form wordings and set fines for violations under the By-law. The Attorney General must approve short form wordings for Provincial Offence Notices. Approval must be obtained when a new By-law is enacted and it contains short form wordings and set fines. Approval is completed once the Municipality passes a By-law. Staff contacted the Crown Law Office for assistance with the proposed By-law, short form wordings and set fltnes. The Office pre-approved the proposed By-law and contents. Staff will forward the proposed By-law for final approval upon Council enacting the By-law. Impoundment Fee Recovery Procedure Cunently the Canine Control Agent collects $50.00 plus boarding fees from owners who retrieve their dog from the Pound. In addition, the Canine Control Agent invoices the Municipality in accordance with the By-law Fee Schedule for all dogs picked up and/or impounded by the Agent, as authorized by the Municipality. The current fee is $50.00 plus boarding fees per dog, regardless if the owner claims the dog. Staff consulted with the Canine Control Agent and he prefers the municipality collect all fees and reimburse him as per the proposed By-law and Agreement amendment. Staff Report P2009-017 regarding Dog Control By-Law 2001-094... Page 132 of 309 Staffhas developed internal procedures for collection and payment of fees for dogs impounded by the Municipality. Attachment: Draft By-law #2009-059. Options: 1. Enact proposed By-law #2009-059. 2. Take no action. Strategic Goals Goal #I - Practice responsible financial management Goal #4 - Be dedicated to service excellence Recommendation: That staff report #P2009-017 regarding Dog Control By-Law 2001-094 Amendment be received; AND THAT Council enact proposed By-law #2009-059, being a By-law to Licence and Control Dogs. Staff Report P2009-017 regarding Dog Control By-Law 2001-094... Page 133 of 309 THE CORPORATION OF rHE MTJNICIPALITY OF' BAYHAM BY-LAW 2009-059 Being a ByJaw to Regulate and Control Dogs }YHEREAS Section ll, of Ìhe Municipal Act, S.O. 2001, c.M.25, as amended, authorized the Councils of local municþalities to pass By-laws to regulate, restrict, prohibit and conhol the keeping of dogs in the Municipality of Bayham, or in any defined area thereof; AND WHEREAS Section ll, of the Munícípal Act, S.O. 2001, c.M.25, c. M.45, as amended authorized the Councils of local municipalities to pass By-laws for the licensing aod regisEation of dogs in the Municipality of Bayham, or in any defined area thereof; AND \ryHEREAS Section ll, of the Munìcipal Act, S.O. 2001, c'M. 25, c. M. 45, as amørded, authorizes the Councils of local municipalities to pass By-laws for prohibiting or regulating the running at large of dogs in the municipality or in any defined area thereof, for seizing and impounding and for killing, whether before or after impounding dogs running at large contrary to the ByJaw and for selling dogs so impounded at such time and in such manner as is provided; AND WHEREAS Sections 1,6, 12,60, and 6l of lhe Provincial Ofences,4ct, R.S.O. 1990, c. P. 33, as amended, provides that local municþalities can create a fine set by the Court for an offence, and other penalty provisions; A¡tD WHEREAS Council now deems it necessary to rescind ByJaw #2001-94, as amemded and enact and pass a new ByJaw fo¡ this pulpose; AND \YIIEREAS the Council of The Corporation of the Municipality of Bayham deems it desirable to pass a ByJaw to provide for the regulation and conhol of dogs within the Municipality of Bayham, under the provisions of the Mu¿icìpal Act, S.O. 1990. NO\il THEREFORE, the Council of The Corporation of the Municipality of BayhaÍl enacts as follows: I. SHORT TITLE: This ByJaw maybe cited as the "Dog ConEol ByJaw". DEF'INITIONS: In this ByJaw, "By-law Enforcement OIIìcer" means an officer or desipatg who is appointed by Council and whose duties include the enforcement ofthis ByJaw. "Corporation" shall mean The Corporation of the Municipality of Bayham. "Council" shall mean the Council of The Corporation of the Municþality of Bayham. "I)og" means any dog male or female, of any age. "I)angerous l)og" means: (a) a dog that, in the absence of any mitigating factor, has attacked, bittø¡ or caused injury to a person, or has dernonstrated a propensit¡ tendency or disposition to do so; O) a àog that, in the absence of any mitigating factor, has attacked, bitten, or caused an injury to a domestic animal requiring the services and treatment of a veterinarian; or (c) a ãog previously desigrated as a potentially dangerous dog that is kçt or permitted to be kept by its owner in violation of the requirements for zuch dog' 2.t 2.2 2.3 2.4 2.5 Staff Report P2009-017 regarding Dog Control By-Law 2001-094... Page 134 of 309 Dog Conhol By-law Municipality of Bayham 2.6 "DwellÍng' or r'I)welling Unif' shall mean one ormore habitable rooms occupid or desigrred to be occupied by one or more persons as an independent and separate housekeeping establishment in which separate kitchen and sanitary facilities are provided for the use ofsuch Persons. 2.7 "Enclosure" shall mean an enclosed pen of sufficient dimension and construction to provide humane shelter for the dog while preventing it from escaping there from and preventing the entry therein of unsupervised children. 2.8 "Hamlef' shall mean those urban areas designated as hamlets within the Official Plan of the Municipality of Bayham, passed on July 5, 2001, as amended from time to time. 2,9 "Keeps" shall mean orÀ¡ns, possesses or harbours. 2.10 "Kennel" shall mean a premises, lot, building structure or establishment on or within which four (4) or more dogs, more than four (4) months of age, are housed, groomed, bred, boardd trained, sold or raised, and which may offer provisions for minor medical heatment; and which premises shall require a site specific zoning desigrration to allow for the use ofa kennel. 2.ll "Licence Agent" means an agent who is appointed by Council and whose duties include the issuance of dog licenses. 2.12 "Mitigating F¡ctor" meaos a circumstance which excuses aggressive behaviour of a dog and, without limiting the generality of the foregoing may include circumstances where: (a) the dog was, at the time of the aggressive behayiour, acting in defense to an attack from a person or domestic animal; (b) the dog was, at the time of the aggressive behaviour, acting in defense of its young or to a person or domestic animal trespassing on the property of its owner, or (c) the dog bite, attack or threat of attack was sustained by a person who, at the time was committing a willful hespass or other tort upon the prernises occupied by the owner or keeper ofthe dog; (d) the dog was, at the time of the aggressive behaviour, being physically tormented. 2.13 "MunÍcþality" means the geographical a¡ea of The Corporation of the Municipalþ of Bayham. 2.74 "tr/Iuzzle" means a humane fastening or covering device of adequate strength placed over a dog's mouth to prevent it frombiting. 2.15 "Owner" of a dog includes any person who possesses or harbours a dog; and where the owner is a minor, the person responsible for the custody of the minor. "Owns" and "o\ryned" have a corresponding meaning. 2.16 "Potentially Dangerous Dog" means: (a) a dog that, in the absence of any mitigating factor, chases or approaches any person or domestic animal anywhere other than on the property of its owner, in a menacing fashion or apparent attitude of attacþ including but not limited to behaviour such as growling or snarling; or (b) a dog that has been irnpounded; (c) a dog whose owner has been convicted on a total ofth¡ee (3) occasions for such dog being at large in the municipality. 2.17 "Pound" shall mean such premises and facilities desigrated by The Corporation of the Municipality of Bayham as the Municþal Dog Pound. 2.18 "Pound Keeper" shall mean person, persorxr or association appointed by The Corporation of the Municipality of Bayham to operate, maintain and administer ttre Municipal Dog Pound. 2.19 "Premises" includes the enti¡e lot on which a single dwelling unit is situate; or a dwelling unit within a multi-dwelling rurit building but does not include common areas adjacent to a multi- dwelling unit unless tltose co¡nmon area¡¡ are completely enclosed. Staff Report P2009-017 regarding Dog Control By-Law 2001-094... Page 135 of 309 Dog Control By-law Municipality of Bayham 2.20 "Purebred" means: (a) registered or eligible for regisfration in the Register of the Canadian Kennel Club, lncorporated, or (b) registered or eligible for registration in the Register of an International Kennel Club, Incorporated. 2.21 "Running at Large" means to be found in any place other than the premises of the owner of the dog and not under the physical conhol ofany person by means ofa leash. 2.22 *Service or companion animal': is a dog used as a sen¡ice animal for a person with a disability a. ifit is a guide dog as defined in Section loîthe Blind Persons Rights' Act; b. ifit is readily apparent that the animal is used by the person for reasons relating to his or her disability; or c. if the person provides a letter from a physician or nurse confinning that the person requires the animal for reasons relating to the disability. (Accessibilityfor Ontaríans with Disabilìtíes Act, 2005 - O. Reg. a29l7 ssa(8) & (9)) 2.23 "Yillage" shall mean those urban areas desigrated as villages within the Official Plan of the Municipality of Bayham, passed on July 5, 2001, as amended from time to time. 3. LICENSING: 3.1 No person, who is residing temporarily or permanently within the Munircipality shall own, keep, possess or harùour a dog unless a licence has been issued under this ByJaw. 3.2 The Council may appoint and authorize a license agent to assist the ByJaw Enforcement Offrcer, with the issuance oflicences required under this By-law, and every such licence shall be executed on behalf of the Corporation. 3.3 The owner of any dog within the limits of the Municipalþ shall cause such dog to be registered with the Corporation, and shall be fumishd with a dog tag onpayment of the annual licence fee. 3,4 Puppies may be kept with the mother for a period not exceeding tbree (3) months/ninety (90) days following birth. 3.5 The owner shall keep such tag furnished secureþ fixed on the dog at all times during the year and until the owner procwes a tag for the following year. A tag may be removed while the dog is being lawûrlly used for hunting in the bush. 3.6 All dogs shall be regisered and licence fees paid for on or before March 31r in each year; or within-feuteet (1a) days from the date of which such dog is acquired. All licence fees paid for after these dates shall be subject to a licence fee increase often ($10.00) dollars. 3.7 Every licencæ and dog tag shall expire on December 31" of the year for which same is issued and every dog owner shall renew the dog tag yearly. 3.8 Where the owners of any dog have moved into the limits of the Municipality, the.y thall be required to register and pãy thé annual licence fee, as set out in Appendix "4", within fourteen (f4) days from the date-of the move. All licence fees paid after this date shall be subject to a licence fee increase often ($10.00) dollars. 3.9 No person shall transfer a licence or tag issued by the Corporation ftom orrc owner to another, or from one dog to another. 3.10 the Corporation, or description of each dog, such dog; and a reco the dog and showing the telephoné number of number of the dog tag furnishd. 3.11 The annual licence fees payable by the owner of every dog under this ByJaw, as set out in Appendix rA', shall be ihe rates ai approved by Council, from time to time. 3.L2 Service or companion animals are exempt from the payment of all licence fees applicable pursuant to this ByJaw. Staff Report P2009-017 regarding Dog Control By-Law 2001-094... Page 136 of 309 Dog Conhol ByJaw Municipality of Bayham 3.L3 Where a dog tag has been lost, a replacement tag shall be issued at no cost upon receþ of proof that the crurent year's licence fec has been paid. Where second or subsequent tags have been lost, an application shall be made to the Corporation for a replacement tag and the replacement tag fee shall be paid. 3.14 In accordance with Section ll of the Municipal Act, S.O. 1990, Chapter M.45, the Clerk or other officer as designated shall keep a book, record or file in which shall be recorded: o the name of the owner of every dog registered under the provisions of this By- law; ¡ the address and telephone number of the owner of every dog registered under the provisions of this ByJaw; ¡ the licence and dog tag number; ¡ the year and expiration date ofthe licence and tag; o the date ofsuch registration;o the description of the dog; o amount of fee paid. 4. KENNELS AND A¡IIMÁ.L RJSCUE F'ACILITY: 4.1 All persons shall obtain a kennel licence from the Corporation before operating a kennel ofdogs. 4.2 All applications for kennel licences shall be accompanied by the following information: (a) Name and address ofkennel owner; (b) Type ofbreed or purebred dogs housed, boarded, bred or raised; (c) Location ofkennel; (d) Proofofapproved site specific zoning to provide for kennel use for said location. (e) Applicable fee. 4.3 (a) Notwithstanding the provisions of Section 3.11 of this ByJaw, prior to March 3l$ in each year, the owner of a ke,nnel of dogs that a¡e registered or eligible for registration with an association incorporated under the Anímal Pedigree Act (Canada) shall pay an annual kennel licence fee, as set out in Appendh tA', instead ofa licence fee for each dog. (b) Notwithstanding the provisions of Section 3.11 of this By-law, prior to March 3lr in each year, the owner of a kennel of dogs that a¡e not eligible for registation with an association incorporated under the Animal Pedigree Act (Canada) shall pay a licence fee for each dog residing at the kennel, as set out in Appendix 3'A'. 4.4 Every kennel owner shall submit on a monthly basis, to the Corporation, the names and addresses of Municipal residents who have purchased dogs from the said kennel. 4.5 The owner of every kennel of dogs shall remove all excrement and soiled bedding from which odour may arise not less than weekly during the period of Nove¡nber l$ to Ma¡ch 3lr inclusive, and daily during the other months. 4.6 ANIMAL RESCUE FACILITY 4.6.1 In this section "Animal Rescue Facility''means an person approved to operate a dog rescue and adoption program at a specific property within the Municipality. 4.6.2 In this section *Approved" means annual written approval from the Council of the Municipality of Bayham. 4.6.3 The Municipality shall authorize a person to operate an approved Animal Rescue Facility where such person has dernonstrated he/she is operating a dog rescue and adoption program in good faith, a rescue program for a specific dog breed recogrized by the Animal Pedígree Act (Canada), or a dog rescue and adoption program as a not for profit corporation, and is reei-stered with a recognized animal welfa¡e organization and provides the Municþality a letter of reference signed by their primary veterinarian confirming that he/she provides medical care for the pets in his/her rescue and adoption program. Staff Report P2009-017 regarding Dog Control By-Law 2001-094... Page 137 of 309 5.1 5.2 5.3 Dog Control ByJaw Municþality of Bayham 4.6.4 The Municþality's authorization under Section 4.6.3 to operate an approved Animal Rescue Facility shall expire on Decernber 3ls of the year for which the authority was issued. 4.6.5 The Municipality may renew the authority issued under Section 4.6.3 for a person to continue to operate an approved Animal Rescue Facility where the person has provided an annual report to the Municipality with information regarding the adoption of dogs, including the number of dogs adopted, who adopted the dog address ofthe new owner and date the dog was adopted, and dernonshated he/she continues to meet the requirements under Section 4.6.3. 4.6.6 The person approved to operate an Animal Rescue Facility shall not be required to pay a licence fee pursuant to this By-law for the first year, from the date ofregistration, a dog is harboured by or in the possession of the approved Animal Rescue Facility and where the dog is harboured by or in the possession of the approved Animal Rescue Facility for the purpose of rescue and adoption. 4.6.7 Despite Section 4.6.6 where a person approved to operate an Animal Rescue Facility harbours or possess a dog for the purpose ofrescue and adoption for more than one year, from the date of regishation, the person shall pay a licence fee for such dog in accordance with Appendix A Section l(a) ofthis ByJaw. 4.6.8 Despite Section 4.6.1 to Section 4.6.7 a person operating an approved Animal Rescue Facility shall at all times comply with all other requirements of this ByJaw' OtrTENCES: No person shall suffer, allow or pennit a dog, of which that person is the owner to run at large, (a) on any private property without the consent of the person appare.ntly in possession or having ownership ofthe property, or (b) in apublicplace. No owner ofa dog shall perrnit the dog to trespass on any private proPerty. Every owner ofa dog and every person who has a dog under his or her care, custody or conüol shall resnain or cause the dog to be restrained on a leash where the dog is at any place other than on the property of the owner, or on the property of any person with the consent of that person. No person shall use a leash forrestraining any dog unless it is zubstantially constnrcted or composed of strong material and shall be capable, at all times, of securely restraining zuch dog. No person shall use a leash for reshaining a dog that exceeds 6 feet (1.8 mehes) in length. No owner of a dog shall suffer orperrrit any such dog to attack or fight with another dog or any other animal; or to do any damage whatsoever in any place, building or convenience to which the public has or is permitted to have acc€ss, including any highway, street, lane, park or public place or resort or of amusement, Every owner or person having the care and custody of a dog three (3) months of age or over shall ensure that the dog is immunized against rabies, and shall ensure that the dog is reimmunized against rabies by the date specified in the certificate of immunization issued. At the reçest of the By-law Enforcement Officer, the owner or person hav4g tle ca¡e and- custody oi a dog shall irovide a valid certificate verifring that such dog has been vaccinated against rabies. Removal of Canine Vy'aste: (a) Any person who owns, harbours or possqsses any dog shall forthwith remove and sanitarily dispose of any excÌrement of the said dog; ft) Every person having control of a dog shall forthwith remove any excrement or feces left by such dog on any highway or public park or public area within the boundaries of the Municipalit¡4 (c) Any yartl oipen where a dog or dogs are allowed to run, shall be kept in a clean and sanitary "o.tãitioo and all excrement, feces, Ûlanure, refirse or-dropped or scattered feed sha[ bé removed by the owner or keeper at least every three (3) days; and such refuse 5.4 5.5 5.6 5.7 5.8 Staff Report P2009-017 regarding Dog Control By-Law 2001-094... Page 138 of 309 resulting from the keeping of such dog or dogs shall be removed from the premises as to prevent odour arising there from. 5.9 Number of Dogs per Premises: (a) No person shall keep more than two (2) dogs on any premises within a hamlet or village area as designated on the Official Plan of the Corporation of the Municipality of Bayham, passed on July 5,2æ1, as amended from time to time, unless otherwise designated as a kennel. (b) No person shall keep more than th¡ee (3) dogs on any premises in all other areas of the Municipality, unless otherwise designated as a kennel. (c) Notwithstanding Subsection.5..9 (Ð, any person keeping thrry (3) liceuc{ dggs 91^a_ prerruses wrthin-a designated hamlet or village area on or before November 15, 2001, shall be perrritted to continue keeping such licenced dogs, but shall not be pemitted-to keep 1ny addlitional or newly licenced dogs on th premises. At such time as a licence for any of the subject dogs is not continued, such person shall be subject to Section 5.9 (a)." 5.10 Any person who owns, harbours or possesses any dog shall not allow said animal to make any noise, which unduly disturbs the peace, quiet, comfort and repose ofany individual. 5.11 Any person who owns, harbours, possesses or is in the care and,/or control ofany dog shall not allow said dog to enter upon the Municipal East Beach in Port Burwell. 5 .12 Despite Section 5. 1 I a disabled person having care and control of a se¡¿ice or companion animal may enter upon the Municipal East Be¿ch in Port Burwell providing the service or companion animat is leåshd and the disabled person is in control a¡d care of the service or companion animal at all times. 5.13 Any person who owns, possesses or harbours any dog shall provide suiøble and adequate shelter, a) "adequate shelter" means a stn¡cture capable of shedding rain water, protecting the dog from wind, which is to be situated in a well draind area and be of a sizp suitable to the size of the dog which the said shelter is intended to house, b) ttre size ofthe said shelter stated in Section 5.10, paragraph (a), shall be large enough to allow the dog to siand, lay down and turn around in a 360degree circle. Dog Conrol By-law Municipality of Bayham DANGEROUS DOG/POTENTIALLY DA¡IGEROUS DOG: An owner who has acknowledged that they are the owner of a potentially dangerous dog or a dangerous dog, shall keep the dog from leaving the premises on its own by means of: (a) An enclosure; O) Containment within a fenced a¡ea; or (c) Physic¿l restraint of the dog by chain, or other simila¡ means. fa potentially dangerous dog or a boundaries ofthe owner's lands, owner of the dog, on a leash not longer than 2 feet (0.6 metres) in length. the w. upon (a) keep such dog confined, o within the owner's dwelling, or 6. 6.1 6.2 6.3 (b) (c) o in an enclosed pen shelter for the ðog the when it is not confined in accordance with such dange policy arú licy sh4l-conøin a prolision requiring the irisorer ement Ofñcer should tlre policy expire, be cancelled or be tenninated for any reason' Staff Report P2009-017 regarding Dog Control By-Law 2001-094... Page 139 of 309 6,5 Dog Control ByJaw Municipality of Bayham (d) permit the By-law Enforcement Officer to insert a microchip implanøtion in such dog for the purpose ofidentiffing such dog as a dangerous dog. All owners of such dog shall comply with the requirements referenced above and as contained within the Notice. 6.4 A direction in writing from the ByJaw Enforcement OfEcer shall be sufficient notice that the owner is the owner of a pstentially_dangepgC_dqg and must comply with the provisions of this By-law. Where the ByJaw Enforcement Offrcer designates a dog as a potentially dangerous dog, the ByJaw Enforcement Officer shall serve rytlc.e-ugon^t!9 owner of such dog, requiring the owner, upon receipt of such notice, to comply with the following requirements: (a) keep such dog confined, ¡ within the owner's dwelling, ¡ in an enclosed pen or fenced area of sufEcient dimension and construction to provide humane shelter for the dog while preventing it from escaping there from and preventing the entry therein ofunsupervised children, or (b) securely o by physical restraint of the dog by chain or other similar means' nelv attach amvzzle to such dog at all time when it is not confined:securely attach a mvzzle to such dog at all time when it is not confined in accordance with Section 6.4 (a), and be under the care and control ofa person 16 years ofage or older. (c) be cancelled or be terminated for any reason. (d) if requested, permit the ByJaw Enforcement Officer to insert a microchip implantation in such dog for the purpose of identifying such dog as a potentially dangerous dog. All ownen of such dog shall comply with the requirements referenced above and as containd within the Notice. The notice referred to in Section 6.3 and Section 6.4 shall include: (a) A statement that the By-law Enforcement Officer has reason to believe that the dog is a potentially dangerous or dangerous dog as the case may be; (b) The requirernents that the owner must comply with in accordance with this By-law and when such requirements take effect; and (c) A statement that the owner may reques! within three (3) working days of receþt of the By- law Enforcement Officer's notice, and is entitled to a hearing by a committee designated by the Council of the Corporation of the Municipality of Bayham, which may affi¡m or rescind the By-law Enforcement Officer's designation of the dog as potentially dangerous or dangerous, as the case may be, and which committee may substitute it's own designation, or it's own requironents ofthe owner ofa dangerous dog pursuant to Section 6.3 (a) to (d) and ofapotentiallydangerous dogpursuantto Section 6.4 (a) to (d). Officer designating in writing to the Clerk , a committee of :"ffiTiï,ÌHfå5f åiiå.ffiäJ, and such committee may: (a) Affimr or rescind the ByJaw Enforcement Officer's designation of the dog as a potentially dangerous dog or as a dangerous dog, as the case may be; (b) Substitute its own desigration ofthe dog as potentially dangeror¡s dog or as a dangerous dog, as the case may be; and/or (c) Substitute it's own requirements of the owner of a dangerous dog pursuant to Section 6.3 (a) to (d) and ofa potentially dangerous dog pursuant to Section 6.a (a) to (d). sult of a complaintinçþ into dog, as the case may be. The requirement of Section 6.3 (c) and (d) ,trd Section 6.4 (c) and-(d) which may be imposed on "ãog o^*o by the By-law Enfùóement Ofñcer pursuant to such Sections shall not be required ""tif""itn"itt e'time fór appeal under Section 6.6 has elapsed without the dog owner requesting an 6.6 6.7 6.8 Staff Report P2009-017 regarding Dog Control By-Law 2001-094... Page 140 of 309 Dog Control ByJaw Municipality of Bayham appeal pursuant to that Section or the Dangerous Dog Appeal Committee has ordered such requirement, whichever occurs ei[lier. 6.9 An owner of a dog which has been designated a potentially dangerous dog or a dangerous dog pursuant to this By-law shall advise the By-law Enforcement Offrcer immediately if he/she transfen ownership ofsuch dog to anotherperson, changes the address at which such dog is kept or has the dog euthanized; and shall furnish the By-law Enforcement Officer with particulars of same and other information which may be reasonably requested by the By-law Enforcement Officer. 6.10 An owner ofa dog, which has been designated a potentially dangerous dog or a dangerous dog pursuant to this ByJaw shall post and display a sign on the premises at the front entrance and in a conspicuous place onhis/Ter property stating that there is a potentially dangerous dog or dangerous dog, as the case may be, on the premises. 6.11 Any notices served by the By-law Enforcement Officer or requests for hearings made by an owner pursuant to this ByJaw shall be provided by hand delivery or prepaid registered mdil and in the évent of service by prepaid registered mail, shall be deemed received on the fifth (5') working day after the date of mailing. 7. 7.t 7.2 7.3 7.4 7.5 7.6 7.9 7.t0 7.7 7.8 IMPOTINDING: The By-law Enforcenent Ofñcer shall, and any Police Officer may, seize and impound any dog found running at large confrary to this ByJaw. Every dog seized by a Police Officer shall forthwith be delivered by the Police Officer to the ByJaw Enforcement OfEcer or Pou¡d Keeper. The Pound Keeper shall impound any dog seized by him or delivered ¡s him by the By-law Enforcement Officer or a Police Officer. The By-law Enforcement Offrcer may capture all dogs nrnning at large contrary to this ByJaw and may take them to the animal's o\ryner, if known; or at the ByJaw Enforcement Officer's discretion, to the pound for impounding by the Pound Keeper. For the purpose of Section 7 of this By-law, the By-law Enforcement Offtcer and the Pound Keeper may enter onto any public property or may enter onto any private property and into the structures thereon with the consent of the owner or occupant. expenses according to law. The owner of a dog that has been impounded shall upon, application to the Corporation, claim the dog before the Þormd Keeper is entitled to dispose of the impounded dog according to the provisions of Section 7.10 of this ByJaw. I provide proof e, and provide proof of ownership , and compensate the Where a dog that is impounded is not claimed by the owner thereof within the redemption . period specfied under ihis ByJaw, the Pound K9ep9r may_retain the dog for such further time as he mãy consider proper and during that time the Pound Keeper may: (a) sell the dog for such price as he may consider proper; (b) euthanize the dog;(ci ¿ispose of the dıg in accordance withthe Animals for Research Act, R.S.O. ßm aú refrlations appenaø to the said Act, as amended from time to time.' 7.IL og Staff Report P2009-017 regarding Dog Control By-Law 2001-094... Page 141 of 309 Dog Control By-law Municipality of Bayham 7.t2 or without offering it for sale, and no compensation shall be recovered by the owner of the dog for said destruction. (a) Where a dog is captured or taken into custody and the services of a veterinarian are securd by the Pound Keeper or Corporation, the o\ryner shall pay to the Corporation all fees and charges ofthe veterinarian in addition to all othe¡ fees and per diem charges payable under this By-law, whether the dog is alive, dies or is euthanized. (b) Where a dog is captured or taken into custody and the owner is not identified, the Pound Keeper shall confirm the services of a veterinarian with the Corporation, and the Corporation shall pay to the Pound Keeper all fees and charges for authorized veterinarian services rendered. No compensation, damages, fees or any other sum of money on account of or by reason of the impounding, euthanizing or other disposal of the impounded dog in the cou¡se of the administration and enforcement of this By-law shall be: (a) recovered by any owner or other person; or (b) paid by the ByJaw Enforcement Of8cer, the Corporation, or the Pound Keeper. Every pound o¡ other maintenance fee and licence fee that is urpaid in whole or in part is a debt due the Pou¡rd Keeper and the Corporation a¡rd is recoverable in any court of competent jurisdiction in which a debt or money demand may be recovered. Every pound fee expended by or on behalfofthe Corporation under the authority ofthis By- law that is unpaid in whole or in part is a debt due to the Corporation and shall be collected in like manner as municipal taxes. No person shall forcibly retrieve a dog from the ByJaw Enforcement Offrcer or the Pound Keeper, or break and enter into a patrol vehicle or a live trap, or retrieve a dog, without payment in firll of all fees and charges required to be paid under this ByJaw. ADMIIIISTRATION AND ENF'ORCIEMENT: Every person who contravenes any provision ofthis By-law is guilry ofan offence and on conviction is liable to a fine as provided for in the Proincinl Affences AaR.S.O. 1990, c. P. 33 as amended. Each day during which there is a breach ofthis ByJaw shall be regarded as a separate and distinct offence and any person, who continues in breach of this ByJaw, may be charged for each separate day during the continuation ofthe offence. The ByJaw Enforcement Officer rnay cornmence a proceeding in Provincial Offences Court by filing a Certificate of Offence or Information in the manner prescribed under the Provincial Afences AaR' S.O. 1990, as amended. The Court in which the conviction has been entered, and any court of com¡rtent jurisdiction thereafter, may make an order prohibiting the continuation or repetition of the offence by the person convicted, and such an order shall be in addition to any other penalty imposed on the person convicted. It is declared mtwithstanding that any section of this ByJaw or part thereof may be found by a court ofcornpetentjurisdiction to be invalid, nforce¿ble or ultra vires than such section shall conclusiveþ be deemed to be servable and all other sections or parts ofthis ByJaw are separate and independent there from and enacted æ such. In this By-law, unless the contrary intention appeårs, words importing only singular number or masculine gender shall include more peËons, parties or things of the same kind than one and the feminine or neuter gender. Licences issued under the provisions of ByJaw {2æl-94, as amended shall be deemed to have been issued under this By-law and will be valid until the licence is replaced or expires' This By-law shall come into full force and effect upon final passing. Uponpassing of this ByJaw, By-laws 2001-94,2001-110, 2ú3'093,.2ffi74/;9,2007ß9 ^fÅZClJ.l-ÎtS arã repealed. All or any other By-laws regulating the licensing, care and control of dogs are also repealed. 7.13 7.14 7.15 7.16 8. 8.1 8.8 8.9 8.2 8.3 8.4 8.6 8.7 8.5 Staff Report P2009-017 regarding Dog Control By-Law 2001-094... Page 142 of 309 Dog Control ByJaw READ A FIRST AND SECOND TIME fhis day of Mayor Clerk READ ATHIRD TIME AND PASSED rhis day of ,2009. Mayor Clerk Municipality of Bayham ,2009. l0 Staff Report P2009-017 regarding Dog Control By-Law 2001-094... Page 143 of 309 Dog Control By-law l.Licence Fees: For first dog For second dog For third dog Service or companion animal A Kennel for Purebred Dogs A Kennel for non-Purebred Dogs First Replacement Tag Additional Replacement Tag A dog harbored by an Approved Animal Rescue Facility for the first year, from the date ofregishation. Where the dog is released directly to the owner By the By-I-aw Enforcement Of,ficer, Fees paid to the Corporation Pound Fees: Where the dog is transported to the Pound, Fees paid to Corporation: First full day or part day inthe poud Additional day orpart day inpourd Euthanasia & Incineration: Per Dog Municipality of Bayham TIIE CORFORATION OF TTIE MT'MCIPALITY OF BAYIIAM By-law 20t9-59 Being a ByJaw to Regulate and Control Dogs APPEI\DIX "A'' FEE SCHEDI.JLE (a) (b) (c) (d) (e) (f) (e) (h) (Ð On or Before March 31: $22.00 $ 25.00 $ 30.00 $ 0.00 $100.00$ 15.00/dog$ 0.00 $ 10.00 $ 0.00 After March 31 $ 32.00 $ 35.00 $ 35.00 $ 0.00 $135.00 $ 25.00/dog$ 0.00 $ 10.00 $ 0.00 Licence Fee Reductions: (a) The owner of a spayed or neutered dog shall receive a Five ($5.00) Dollar reduction per Dog Tag/Licence Fee, provided that at the time of the registration a Veterinary Celificate identifing the dog and conñrming the operation is received. (b) A Five ($5.00¡ Dollar ¡eduction per Dog Tagllicence Fee will be granted to residents who purchase the Dog Tagllicence directly from the Municipal Office on or before January 3ls. (c) A Five ($5.00¡ Dollar reduction per tag to new residents or new dog owners registering their dogs between October 1r and December 31r. 2. X'ees: 3. 4. $100.00 $100.00 $15.00/day $75.00 ll Staff Report P2009-017 regarding Dog Control By-Law 2001-094... Page 144 of 309 Dog Control Bylaw Municipality of Bayham THE CORPORATION OF THE MUNICIPALITY OF BAYIIAM SETFINE SCHEDULE PART I Provincial O/fences Act For By-Law #2009- 059 Being a ByJaw to Regulate and Control Dogs ITEM COLUMN 1: Short Forr¡ Wording COLIJMN2: Provision Creating rr ñ-fr-in¡ ôtr--¡¡ COLIJMN3; Set Fine I Failure to resist€r dos for licence.Section 3.1 $ 10s.00 2 Failure to fix tag securely on dos,Section 3.5 $ 5s.00 J Failure to renew dos tae for current vear.Section 3.7 $105.00 4 Unlawfullv hansferred dos tas.Section 3.9 $105.00 5 Failwe to obtain kennel licence.Section 4.1 s155.00 6 Failure to submit list of doe ourchasers.Section 4.4 $ 55.00 7 Failure to removddispose of dog excrement and soiled beddins from kennel. Section 4.5 s105.00 8 Permit dos to run at larse.Section 5.1 s105.00 9 Permit doe to hesDass on Drivate DroDertv.Section 5.2 $105.00 10 Failure to restrain doe on leash.Section 5.3 $r05.00 ll Restaining dog on leash exceeding 6 feet (1.8 metres) in lensth. Section 5.4 $ s5.00 l2 Permit dog to attack/fight another dog or animal. Section 5.5 $155.00 l3 Failure to immunize dos asainst rabies.Section 5.6 $105.00 l4 Failure to provide certificate of immunization asainst rabies. Section 5.7 $105.00 15 Failure to forthwith rernove/dispose of dog excrernent. Section 5.8 $105.00 l6 Keeping ofmore than two (2) dogs.Section 5.9(a)$105.00 l7 Keeping of more than three (3) dogs.Section 5.9(b)$105.00 t8 Allow dog to unduly disturb peace ofother individuals. Section 5.10 $105.00 l9 Allow dos onto beach-Section 5 I s105.00 20 Failure to provide sufficient shelter.Section 5 J $105.00 21 Failure to restrain dangerous dos.Section 6.$305.00 22 Failure to restrain potentially dangerous dos- Section 6.1 s305.00 23 Failure to muzzle daneerous dos.Section ó.2 $305.00 24 Failure to muzzle potentially dangerous dos- Section 6.2 $305.00 25 Failure to reshain daneerous doe on leash.Section 6.2 $30s.00 26 Restraining dangerous dog on leash exceedins 2 feet (0.6 metres) in lensth. Section 6.2 $305.00 27 Failure to reshain potentially dangerous dog on leash. Section 6.2 $305.00 28 Reshaining potentially dangerous dog on leash exceeding2 feet (0.6 metras) in lensth. Section 6.2 $30s.00 29 Failure to comply with conditions of Danserous Dos Notice. Section ó.3 $305.00 30 Failure to complywith conditions of Potentiallv Dans€rous Dos Notice. Section 6.4 $305.00 31 Failure to notiff of change of ownership of danserous dos- Section 6.9 $105.00 32 Failure to notifi of change of ownership of ootentiallv dan gerous do g. Section 6.9 $105.00 33 Failure to Post Sisn Section 6.10 $105.00 34 Forciblv retrieved captured dog.Section 7.16 s155.00 NOTE: ThepeoaltyprovisionfortheofrencesindicatedaboveisSection8.lofByJaw#2009-059,a certified copy ofwhich ByJaw has beetr fìled. t2 Staff Report P2009-017 regarding Dog Control By-Law 2001-094... Page 145 of 309 Page 146 of 309 CORPORATION OF THE MTJNICIPALITY OF BAYHAM STAFF REPORT TO:Mayor & Members of Council DATE: Ìv4ay 7,2009 FILE: P. 14 NUMBER: P2009-018 FROM: Paul Groeneveld By-law Enforcement Offrcer SUBJECTz 2009 Canine Control Services/Contract Purpose: Obtain Council approval for the Mayor and Clerk to execute an amendment to the agreement for Canine Control/Pound Keeper Services for 2009. Background: Dog Control By-law #2001-94 provides for the prohibiting and regulating of dogs running at large within the Municipality and authorizes the seizing and impounding of any dogs found to be running at large. The By-law provides the owner shall pay the Pound Keeper a fee of $50.00 plus boarding fees of $15.00 per day before retrieving or claiming the dog. In addition, the Pound Keeper receives $50.00 for picking up a dog. Therefore the Agent receives 100.00 dollars for impoundment of a dog claimed by an owner. Staff Comments: The Municipality's recent initiative to recover all costs for impoundment of dogs from dog owners required internal procedures for the payment of fees to the Corporation and Agent. Staff proposes the Municipality collect all fees related to impoundment of dogs from the dog owner and then reimburse the Agent in accordance with the Agreement and current invoicing practices. Staff plans to introduce administrative procedures for the payment of fees for dogs impounded by the municipality for running at large. Since all fees will be paid to the Corporation the legal provision for the owner to pay a fee directly to the Pound Keeper has been removed from the Dog Control By-law (2009-059). Staff proposes the Canine Control/Pound Keeper Services Agreement Schedule A outlining the fees to be paid to the Agent be amended to incorporate the additional payment of $50.00 to the Agent for dogs claimed by the owner. Staff Report P2009-018 regarding 2009 Canine Control Service... Page 147 of 309 Enact By-law 2009-060 to authorizing the Mayor and Clerk to execute an amendment to the agreement between the Municipality and Roger Martin for CanÍne ControllPound Keeper Services by amending Schedule A as per the attached By-law. Take no action at this time. Strateeic Goals Goal #I - Practice responsiblefinancial management Goal #4 - Be dedicated to service excellence Recommendation: íTHAT staff report #P2009-018 regarding2Û09 Canine Control Services/Contract be received; AND TIIAT By-law #2009-060 being a by-law to authorize the Mayor and Clerk to execute an amendment to the Agreernent between the Municipality and Rodger Martin for Canine ControUPound Keeper Services be presented to Council for enactment. " By-Law Enforcement Officer 2. Staff Report P2009-018 regarding 2009 Canine Control Service... Page 148 of 309 THE CORPORATION OF'THE MUNICIPALITY OF BAYHAM BY-LAIV NO. 2009-060 A BY-LAW TO AMEND BY.LAW #2008-095 AUTHORIZING A¡[ AGREEMENT BET\ryEEN THE MUNICIPALITY OF BAYHAM & RODGER MARTIN FOR THE PROVISION OF CANINE CONTROLÆOUND KEEPER SERVICES WHEREAS the Municipalþ of Bayham did enter into a contract agreement with Rodger Martin for the provision of canine control offrcer and pound keeper services for the Municipality of Bayham. A¡fD WHEREAS the Municipality of Bayham and Roger Mafin have agreed and are desirous of amending the Agreement for the provision of canine control offrcer and pound keeper services. THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. THAT Schedule "4" attached to By-law #2008-095 be rescinded and replaced with the Schedule "4" attached hereto; 2. A¡tD THAT all other terms and conditions of the agreement be and are hereby confirmed; 3. Al{D THAT this By-law shall come into full force and effect upon final reading. READ A FIRST, SECOND AIID THIRD TIME, AND FINALLY PASSED THIS Tthday of May 2009. MAYOR CLERK Staff Report P2009-018 regarding 2009 Canine Control Service... Page 149 of 309 Service: Schedule'A" to By-law #2009-060 CANINE CONTROL SERVICES AGREEMENT BETWEEN THE CORPORATION OF THE MT]NICIPALITY OF BAYHAM ANI) RODGER MARTIN Owner & operator of LOBO PINES KENNEL SCHEDULE T6A'' Fee: l. Monthly Retainer Fee 2. Fee Per Dispatch as authorized by Municipal Staff 3. Containment Fee per animal per day to a maximum of three days 4. Rate to Provide Patrol (if requested) 5. Quarantine (ifrequested) 6. CourtAppearance Fee 7. Reimbursement of authorized Veterinary Costs associated with unidentifred injured/ill Dogs (if requested). 8. Fee for Dog claimed by the registered owner S50,00 $1,000.00 $50.00 $15.00 $25.00 per hour, plus municipal rate allowed per kilometer $ 50.00 for pick up of animal plus $10/day for the duration ofthe quarantine (10 days from the date of the incident) plus veterinary service costs, if any. $25.00 per hour, plus mruricipal rate allowed per kilometer Staff Report P2009-018 regarding 2009 Canine Control Service... Page 150 of 309 CORPORATION OF THE MUNICIPALITY OF BAYHAM STAFF REPORT TO: Mayor & Members of Council DATE: i|lfay 7,2009 FROM: Fire Chief/CEMC/ By-law Enforcement Offrcer FILE: P16 SUBJECT: Fire Prevention and Education Simplihed Risk NUMBER: P2009-016 Assessment Purpose Provide Council an update on the Municipal Fire Department Fire Prevention and Public Fire Safety Education Simplified Risk Assessment. Background Fire Prevention is an integral part of overall fire protection. As part of the need for a positive change in attitude of the public towards fire safety, the fire service must actively pursue activities to decrease the occurrences of uncontrolled and accidental fires. Fire prevention methods utilized by the fire service must focus on public fire safety education, fire inspections, code enforcement and fire investigations. The Municipality of Bayham originally conducted a Simplified Risk Assessment in July 2002. The Office of the Fire Marshal of Ontario has suggested municipalities review and updates their risk assessment every 3 - 5 years. Municipalities have a legislated responsibility under the Fire Protection and Prevention Act (FPPA) to provide public education with respect to fire safety and certain components of fire prevention. Conducting a simplihed risk assessment is the first step towards compliance with these requirements and is intended to identifr information required by a municipality to make informed decisions about the programs and activities necessary to effectively manage the community frre risk based upon local needs and circumstances. In general terms, needs and circumstances relate to a municipality's economic situation, geography, population, building profiles and service delivery system, e.g. volunteer fire department. Staff Report P2009-016 regarding Fire Prevention and Educati... Page 151 of 309 Simplified Risk Assessment Conducting a Simplified Risk Assessment (SRA) is a practical information gathering and analyzing exercise intended to create a community fire profile to aid in identifring appropriate programs or activities a municipality may implement to effectively address the community's fire safety needs. The SRA is designed to serve the needs of smaller municipalities and should also be used as a first step (basic foundation) for larger municipalities facing more complex fire safety challenges within their communities. A municipality's fire safety program shall include the following: . Simplified Risk Assessment . Smoke Alarm Program with home escape planning . Distribution of fire safety education materials and delivery of public education programs, and . Participating in inspections upon complaint or when requested to assist with Fire Code compliance. . Refer to PFSG 04-40-12 in respect of public education and fire prevention services. As each community is different, the SRA and ensuing fire concern profile will assist in identiffing the degree to which these activities are required in accordance with local needs and circumstances. The SRA is made up of the following components: . Demographic profile . Building stock profile . Local and provincial fire loss profiles . Information analysis and evaluation . Priority setting for compliance . Implementingsolutions Staff Comments In consultation with the Offrce or the Fire Marshal staff has updated the Municipality's Fire Prevention and Public Fire Safety Education Simplified Risk Assessment (attached). Staff s goal is to undertake activities to assure the municipality continues to meet its obligations for Fire Prevention and Public Fire Safety Education under the Fire Protection and Prevention Act and where possible enhance fire prevention and public education programs (see SRA Priority Setting Worksheet). Strategic Goals Goal #4 - Be dedicated to service excellence Staff Report P2009-016 regarding Fire Prevention and Educati... Page 152 of 309 Recommendation ff1¡flf staff report #P2009-016 regarding the Municipality's Fire Prevention and Public Fire Safety Education Simplified Risk Assessment be received" Respectfu lly submitted, Paul Groeneveld Fire Chief Reviewed By, Staff Report P2009-016 regarding Fire Prevention and Educati... Page 153 of 309 MUNIGIPALITY OF BAYHAM FIRE PREVENTION and PUBLIC FIRE SAFETY EDUCATION SIMPLIFIED RISK ASSESSMENT March 2009 Prepared by: Paul Groeneveld, Fire Chief/CEMC Staff Report P2009-016 regarding Fire Prevention and Educati... Page 154 of 309 MUNICIPALITY OF BAYHAM FIRE DEPARTMENT FIRE PREVENTION AND PUBLIC EDUCATION SIMPLIFIED RISK ASSESSMENT INDEX Introduction Purpose Simp I ifi e d Ris k As s es s ment Data Collection Component Demographic Profile Building Stock Profile Municipal Fire Loss Profile Provincial Fire Loss Profile Municipal By-laws Fire Inspections Fire Safety Plans Building Plan Examination and Approval Public Education Smoke Alarm Program Enforcement Emergency Management Program Pre-incident Planning Fire Protection Water Resources Propose Program Enhancements Page J aJ 3 5 5 7 8 9 t3 13 13 t4 I4 t4 15 15 15 15 I6 Staff Report P2009-016 regarding Fire Prevention and Educati... Page 155 of 309 INTRODUCTION Fire Prevention is an integral part of overall fire protection. As part of the need for a positive change in attitude of the public towards fire safety, the fire service must actively pursue activities to decrease the occurrences of uncontrolled and accidental hres. Fire prevention methods utilized by the fire service must focus on public fire safety education, fire inspections, code enforcement and fire investigations. The Municipality of Bayham conducted a Simplihed Risk Assessment in July 2002. The Office of the Fire Marshal of Ontario has suggested municipalities review and update their risk assessments every 3 - 5 years. PURPOSE Municipalities have a legislated responsibility under the Fire Protection qnd Prevention Act (FPPA) to provide public education with respect to fire safety and certain components of fire prevention. Conducting a simplified risk assessment is the first step towards compliance with these requirements and is intended to identiff information required by a municipality to make informed decisions about the programs and activities necessary to effectively manage the community fire risk based upon local needs and circumstances. In general terms, needs and circumstances relate to a municipality's economic situation, geography, population, building profiles and service delivery system, e.g. volunteer fire department. SIMPLIFIED RISK ASSESSMENT Conducting a Simplified Risk Assessment (SRA) is a practical information gathering and analyzing exercise intended to create a community fire profile to aid in identi$ring appropriate programs or activities a municipality may implement to effectively address the community's fire safety needs. The SRA is designed to serve the needs of smaller municipalities and should also be used as a first step (basic foundation) for larger municipalities facing more complex fire safety challenges within their communities. A municipality's f,rre safety program shall include the following: . Simplified Risk Assessment . Smoke Alarm Program with home escape planning . Distribution of fire safety education materials and delivery of public education programs, and . Participating in inspections upon complaint or when requested to assist with Fire Code compliance. . Refer to PFSG 04-40-12 in respect of public education and fire prevention services. Staff Report P2009-016 regarding Fire Prevention and Educati... Page 156 of 309 As each community is different, the SRA and ensuing fire concern profile will assist in identiffing the degree to which these activities are required in accordance with local needs and circumstances. The SRA is made up of the following components: . DemoeÍaphic profile . Building stock profile . Local and provincial fire loss prof,rles . Information analysis and evaluation . Priority setting for compliance . Implementingsolutions DATA COLLECTION COMPONENT The municipality examined local demographic data to determine the following: attractions Data examined was obtained from Statistics Canada and the municipal plaruring office. DEMOGRAPHIC PROFILE The municipality's population has increased by 5.5%ofrom2001 to 2006. The provincial population has grown by 6.6% over the same period. The Municipality's population demographics are consistent with the provinces. Approximately 35%o of the municipality's population is either youth (Age 0 - 14 :24%) or seniors (Age 65+ : Ilo/o). Seniors make up approximately 13.6% of the provinces population. The municipality's senior population is expected to increase by 53% (340 people) within the next five years. Aees of Pooulation # of Residents o/" of Total Population 0-14 1630 24 t5-64 4365 65 65 and Over 730 11 Total Population 6725 100 Staff Report P2009-016 regarding Fire Prevention and Educati... Page 157 of 309 Age characteristics I iTotal population4 0 to 4 years 5 to 9 years 10 to 14 years 15 to 19 years 20 to 24 years 25 to 29 years 30 to 34 years 35 to 39 years 40 to 44 years 45 to 49 years 50 to 54 years 55 to 59 years 60 to 64 years 65 to 69 years 70 to 74 years 75 to 79 years 80 to 84 years 85 years and over 6,725 s05 540 585 610 450 310 385 425 505 490 465 385 340 260 185 160 70 55 3,450 275 265 310 330 235 170 190 215 255 265 235 200 165 135 90 80 30 20 5,930,700 343,475 369,670 42O,7O5 427,L85 4OO,445 360,525 382,030 43O,22O 507,130 486,390 423,345 378,530 283,545 222,640 187,510 149,585 97,240 60,555 275 280 280 220 140 195 2LO 255 230, 23ol I 185 t75 t25 I 95, I 75', I 4ot 4ol 12,760,285 670,77O 721,59O 8t8,445 833,1 1 5 797,255 743,695 791,955 883,990 L,O32,4r5 991,97O 869,400 774,53O 581,985 466,24O 401,950 338,910 25O,27O 191,810 229,58O 327,290 351,920 397,740 405,925 396,815 383,170 409,925 453,770 525,280 505,585 446,060 395,995 298,44O 243,600 2t4,445 189,325 153,035 73L,260 D emo grap hic Profile Concerns recreational vehicles and campers. accommodation facilities. Staff Report P2009-016 regarding Fire Prevention and Educati... Page 158 of 309 Vulnerable Groups / Indivìduals I Popaløtion Flucluation (Tourism) 6,700 - 11,000 I Influx of tourists from May - September industry Occupancy types: Cottages Campgrounds (6) Local Attractions - Museums, Festivals Agriculture housing accommodations Bsrríers to Public EducatÍon Language a Low German language and is an audio learning group. Low German language. Demogrøp hic ProJile Commentary The Municipality of Bayham population of 6,727 increases by approximately 39%o during the suÍrmer months due to tourism, and accommodations provided by local campgrounds, bed and breakfast facilities and day use facilities (beaches, museums, local attractions). Our profile also indicates there is a large number of seniors (11%) and youth (24%) accounting for approximately 35Yo of the population, before considering seasonal fluctuations. Approximately 2000 people enter the community during the summer months and reside in recreational vehicles/accommodations or cottages at local parks or campgrounds on a short-term basis. A large percentage of residents have knowledge of the English language. A low percentage of residents solely use a non-official language for communication and are considered to be an audio communicating community. Staff Report P2009-016 regarding Fire Prevention and Educati... Page 159 of 309 BUILDING STOCK PROFILE The Municipalþ utilized information from the properly tax assessment records to identifr property classifications consistent with the Ontario Fire Code. The Municipality has approximately 2,305 residential units or private dwellings with95o/o (2,194) being occupied by permanent residents. There are four (4) elementary schools located in the municipality. The Thames Valley District School Board operates two of the schools, and the other two are owned and operated as private schools for a Mennonite community within Bayham. Assembly occupancies include churches, community centers, libraries and other public meeting places. The majority of residential, commercial and industrial buildings, specifically in the village cores, were constructed prior to 1986. The commercial group contains two large chemical warehouse facilities, and two large manufacturing operations. These businesses account for the majority of employment opportunities within the municipality. There is potential for a negative economical impact to the municipality should one or more of these businesses close for a period of time The two public schools provide education for approximately 800 students. Local private schools are culture specific and have a low level of enrollment. The majority of residential units are single detached buildings. Multi unit buildings are normally single-family dwellings converted into multi family dwellings (retrofit) prior to the introduction of the Building Code. Most properties with multi unit dwellings are classed as legal non-conforming properties under the zoning by-law. The municipality's fire prevention policy relies on the owners of multi-unit dwellings to ensure compliance with the Fire Code. Provincial statistics indicate residential dwellings as being the leading occupancies for fire deaths and injuries. There are six (6) campgrounds and mobile home parks located in the municipality. Some campgrounds have accommodations for both mobile homes and season campsites. In 2008 the province recorded a number of deaths in seasonal campers and recreational vehicles. The municipality responded to one recreational vehicle fire in 2008. l0 Staff Report P2009-016 regarding Fire Prevention and Educati... Page 160 of 309 Occupancy Classification # Of Occupancies Group A Assembly JJ Group B Institutional 4 Group C Single Family 201 8 Duplex 13 Triplex 5 Multi-Unit - Other 7 Mobile Homes & Trailers 48 RV's / Trailers - Seasonal 465 Other 18 Group D/E Commercial 135 Group F Industrial 37 Totals 2,783 Building Stock Profile Concerns under the Fire Code. 11 Staff Report P2009-016 regarding Fire Prevention and Educati... Page 161 of 309 MUNICIPAL FIRE LOSS PROFILE The Municipality analyzed historical fire data to provide a municipal fire loss profile of the municipality for 2006 - 2008. Emergency Fire Responses Year # Of Calls # Of Fires Loss Fires No-Loss Fires 2004 84 20 t2 r4%8 r0% 2005 108 I4 11 10%J 3% 2006 t33 15 ll 8%4 3% 2007 rt2 15 t2 lt%J 3% 2008 179 18 7 6%11 9% Municipal Fire Deaths and Injuries Occupancy Classification 2006 2007 2008 Total Deaths / InjuriesDeathslnjuriesDeathslnjuriesDeathsInjuries Group A Assembly 0 0 0 0 0 0 0 Group B Institution 0 0 0 0 0 0 0 Group C Residential 0 1 0 0 0 0 I Group DIE Commercial 0 0 0 0 0 0 0 Group F Industrial 0 0 0 0 0 0 0 Mobile Homes and Trailers 0 0 0 0 0 0 0 Other 0 0 0 0 0 0 0 Total Deaths / Injuries 0 I 0 0 0 0 0 t2 Staff Report P2009-016 regarding Fire Prevention and Educati... Page 162 of 309 Municipal Property Dollar Loss Occupancy Classification 2006 2007 2008 Percent of Total $ Loss 2006-2008 #of Fires $ #of Fires $ #of Fires $ Group A Assembly 0 0 0 0 0 0 0 Group B Institution 0 0 0 0 0 0 0 Group C Residential 5 71,000 4 165,000 2 165,500 68.2 Group DIE Commercial 0 0 0 0 0 0 0 Group F Industrial I 2,000 1 100,000 0 0 17.3 Mobile Homes and Trailers I 500 1 5,000 0 0 .9 Other 8 0 9 0 t6 80,000 13.6 Total Dollar Loss 73,500 270,000 245,500 100 Municipal Fire Loss Profile Commentary In 2008 one of the two residential fires was due to a flooding condition with $500 damage to fumiture. The other structure was an unoccupied dwelling unit under renovation by the owner, with a motor home parked adjacent to the building with electrical access to the dwelling unit. In2007 one residential fire was a suspicious fire occurring post eviction of tenants. Since 2005 the municipality has noticed an increase of hres related to the improper installation and maintenance of solid fuel burning appliances in attached and detached garages, and other type structures. A large number of fire incidents resulting in no loss were the result of open air buming being conducted without a permit or in violation of a permit. Appropriate enforcement action is taken inst all violators. Municipal Fire Loss Profile Concerns installed improperly or poor maintenance practices. 13 Staff Report P2009-016 regarding Fire Prevention and Educati... Page 163 of 309 PROVINCIAL FIRE LOSS PROFILE The following data was accessed from the Office of the Fire Marshal hre loss statistics. Ontario Fire Incident Summary 2006-2007 2007: Fire lncidents in Ontario rroperty Type Number of loss* fires Fire lnjuries Fire fatalities** Estimated No loss $ loss in fires**' millions Structure rroperty/Outdoor Storage /ehicle 9,1 06 2,107 3,806 775 34 31 85 2 6 485.8 3,80t 12.2 6,49:47.9 68r Iotal 15.019 840 93 545.9 10,98i 'A loss fìre is a fire with an injury, fatality or estimated $ loss. '" Does not include 8 fatalities on Federal or First Nations properties '** Does not include 791 no loss fires reported with no propertv tvpe 2006: Fire lncidents ¡n Ontario Property Type Number of loss* fires Fire lnjuries Fire fatalities** Estimated No loss $ loss in fires**' millions 3tructure rroperty/Outdoor Storage /ehicle 8,732 2,397 3,850 698 19 29 75 4 3 389.5 3,69i 9.2 5,78t 47.5 69( Iotal 14,979 746 82 446.2 10,171 ncludes 1 firefighter line of duty fatality 'A loss flre is a fire with an injury, fatality or estimated $ loss. '* Does not include 5 fatalities on Federal or First Nations orooerties Overview of fires (with loss repoded') Fre l-m in ùizio 2003 -2007 Cæ¡.Tand¡mdlw ffir ro,fæ D.chê - 14,ô23 15J89 't4,979 ts,ots oc -.._---j- --+---l tlt ¡- 6,289 6,0i1 6,¿82 F'6 o l__ 'firrrrcollingin m io¡ry. fatali¡ or I lør I Fæ Læ i¡ o¡trio 2ooíl - 2007 Loss fites by Pfopefty class lc*-,r.,¡'-¡t'* Buiiæ's ¡nd Pñond SaÍicis Sûuchresl Properfles nol ¡' Ræidential \. 44Io classifed by o.B.c l3% Number offrês: 75 6,19 l4 Staff Report P2009-016 regarding Fire Prevention and Educati... Page 164 of 309 Fn Lm h O¡trio ã)03 - ãXl7 Loss Fires Property class: lcs.,rmd"dl*¡ Structures only Assembly Number ol lrucluro nros: 15,162 Smoke alarm operat¡on 'Smoks ôlam presênce undelemlned nol lncluded Alarm present, operatim _ mdeÞnnhed \ lnt:ln*ffi; ÜL.- r¡r. Éi dii-' la=-r Smoke alarm present i operated 4gh n0 34l( romotêls€oùded ftom llro l4%undleÍrinod 5%Pos¡lble unËfdlüo 2% lmprop.r lnst¡lldhn 2%T¡merod *fttr lvand¿¡¡¡m) l0% oths Smoke Alarms that did not d,rlo gnd<c /!mI sldrÁ ilìRGi.¡d¡JI rirs !| ')1:ttJto'iút I ontrlogilokeAlm 9¡lnl hRddedlJ Smoke Alarm Status *!ü-, No¡lamr ^{larm present, did operate r\larm presenl, opcrnlion u¡knon'n Alarm present, l5 Staff Report P2009-016 regarding Fire Prevention and Educati... Page 165 of 309 FahlFires Smoke Alarm Operation: ijiffl$ffÎli ,:' lIPrevenhble Residential fires t¡ÉI ?ßtom/ Afim Fesglt opèrdlon - unfr(eßiFd I Smoke dam l4't"pnsenl, operaled 399| No smoke alarn zffi Smoke darm pnsÊnt, d¡d not opüate 21Í Number 0f ¡ewnl¿Uê rGsiderlid ldai Rres:229 (73Í 0ll¡l¡l prÉvêfllable ßsidenlhl flres) 1998.2007; Fire fatalities Orfú ReËdefltiC FdC Fres Ct{ôil, Aûi[, Sedff3 t5 to 64 58% p15l Tohl ktalifes: 883 0to 14 65+ 2901, The OFM undertook al}-year review of fire losses in Ontario, spanning the years 1985 to 1994. The aim of the review was to define the fire problem in Ontario, thereby assisting the fire service to focus its efforts in areas that should have the greatest impact on fire losses. The review analyzed over 150,000 structure fires and 1,400 fire deaths and indicated that over 92yo of all f,rre deaths occuffed in residential occupancies. Further analysis created the following four profiles as the most likely fire fatality scenarios. Scenario I Results in the greatest number of deaths, lProperty Type: involves the ignition of upholstered i furniture by smoking articles. The fire i Area of Fire Origin:Iurnllure oy smoKrng aftloles. lne llrc begins in the living area atnight while i;__,.,^_ .^--_^^- the victims are either "rl;;;-;;;"1ì"¿ ilgnition Source: lVictims: lVictims: I Residential Living area Lit smoking articles, matches or lighters These fires also claim the lives of young IO6¡ect First Ignited:I Upholstered furniture, other objects children living with adults. I t¡me of occurrence: lNieht l I Asleep or impaired adults, children living with adults I Scenario 2 Also takes place while victims are either Propcr ly Type: j Residential Area of Fire Origin: i Sleeping area ti i lgnition Source: iSmoking articles, lighters, matches iOU¡ect First Ignitedt le"dding, other objects t-Time of Occurrence: Night t6 f tAdults asleep or impaired, children living with adultst' Staff Report P2009-016 regarding Fire Prevention and Educati... Page 166 of 309 The fire starts in the kitchen, where cooking equipment igrites cooking oil. Unlike the average non-fatal cooking fire, this f,rre occurs at night while an adult victim either falls asleep or is impaired. Children living with adults depicted in this scenario also become victims of these fires. Scenario 3 Property Type: r Area of Fire Origin: i Ignition Source: lOn¡ect First lgnited: i Time of Occurrence: I Victims: Residential It<itchen I lCooking equipment rFlammable liquid, other objects ,Nigttt I Asleep or impaired adults, children living with adults Scenario 4 This scenario is specihc to adults aged 65 iProperty Type: Residential and over. An older adult. who may be ; disabled, ignites personal clothing with :Vict¡ms: Ages 65+ ' either cooking equipment or smoking i ^. .. ^'- ;, --'--'-"'Þ Obiect Isnited: :Clothins. fabricanlcles. l nts vlcilm ts unaole to 'extinguish the flames and normally dies Ignition cooking equipmenlsmoking articles, lighters or matches as a result of burn complications. Sãu."", MUNICIPAL BY-LAWS The Municipality of Bayham Fire Department establishing By-law (#2007-044) prescribes the municipality's fire prevention policy: "The Fire Prevention Policy of the Bayham Fire Department shall consist of the following: (a) to conduct inspections of property and buildings upon written request or complain! (b) to conduct public awareness programs designed to educate the public on matters pertaining to Fire Prevention and Safety." Further the By-law prescribes the Fire Chief shall: "Take proper meosures for the prevention, control and extinguishment offires andfor the protection of life and property and exercise the powers imposed on him/her by the Fire Prevention and Protection Act. " FIRE PROTECTION AND PREVENTION ACT The FPPA prescribes the following: "Every municipality shall, (a) establish a program in the municipality which must include public education with respect to fire safety and certain components of fire prevention; and (b) provide such other fire protection services as it determines may be necessary in accordance with its needs and circumstances. t7 Staff Report P2009-016 regarding Fire Prevention and Educati... Page 167 of 309 Clause (b) is broad in scope and may include protection services such as a progressive approach to fire safety inspections and Fire Code compliance. For example, residential dwelling units, including multi-unit dwellings, account for the majority of fires and fire related death and injuries in the province. Based on the provincial statistics for residential fires, municipalities will be expected to enhance local fire prevention policies to include progressive inspections for multi-unit dwellings to ascertain compliance with the Fire Code. FIRE INSPECTIONS The Fire Chief performs all fire safety inspections to provide consistency, continuity of inspection services and to be readily available during normal business hours for the convenience of the public. lnspections are upon request of the property owner or when a complaint has been made. The Department does not have a progressive fire safety inspection program to ascertain if multi-unit dwellings (retrofit), assembly, industrial and commercial occupancies comply with the Fire Code. FIRE SAFETY PLANS The Ontario Fire Code (O.F.C.) Section 2.8 of Division B, requires certain occupancies to prepare, obtain approval of the Fire Chief and implement a Fire Safety Plan. These occupancies include: (a) Group "4" or "B" (Assembly) (b) Group "C" where the occupant load exceeds 10 (Residential) (c) Group "D" where the occupant load exceeds 300, (Business & Personal Services) (d) Group "E" where the occupant load exceeds 300, (Mercantile) (e) Group "F" Division I where the occupant load exceeds 25, (High Hazard Industrial) (f) Group "F" Division 2 where the occupant load exceeds 100, (Medium Hazard Industrial) (g) Group "F" Division 3 where the occupant load exceeds 300, (Low Hazard Industrial) Pursuant to the Fire Code property owners are required to conduct an annual review of their emergency/hre safety plans and obtain approval from the local fire offrcial annually. Review and approval of fire safety plans for the above mentioned occupancies are conducted at the request of the property owner, complaint or during fire safety inspections. The Department maintains a file of fire safety plans submitted by property owners. In 2008 the Department coÍrmenced requesting updated plans from occupancies where a previous plan was on file with the department and during fire safety inspections of the above said occupancies. Owners are responsible to ensure their building meets the requirements of the Fire Code. The Fire Department is diligent in taking measures to obtain compliance with the Fire Code by ensuring violations they may be aware of through inspection and enforcement activities are corrected. 18 Staff Report P2009-016 regarding Fire Prevention and Educati... Page 168 of 309 BUILDING PLAN EXAMINATION & APPROVAL PROCESS The municipality has established a Development Committee consisting of the Fire Chief Chief Building Official, Planner, Road Department Manager, Water/Wastewater Superintendent and Administrator to review and examine building plans and proposed land planning applications. The municipality has established a protocol for communication between the Chief Building Official and Fire Chief to share information regarding construction impacts of the Fire Code on existing buildings being expanded or renovated under a building permit. Subsequently the Fire Chief advises the property owner of the potential for Fire Code application and requirement for the owner to ensure the building and property is compliant with the Fire Code. The Chief Fire Official has not received training in the review of plan examination and approval of plans. Both the Ontario Fire College and Ontario Association of Building Officials provide educational opportunities. PUBLIC EDUCATION The Fire Chief, in consultation with the Fire Prevention Officer at each fire station, is responsible for coordinating and directing all public education and fire prevention activities under the direction of the Fire Chief. Current activities for public education include: . Participation in Fire Prevention W'eek activities . Annual Open House at the fire stations . Fire Station Tours (when requested) . Fire Extinguisher Training (when requested) . Annual visits to elementary schools . Speaking to publiclprivate groups about hre safety (when requested) . Include fire safety information in municipal newsletters . Participate in Risk Watch Program (as requested) . Participate in The Arson Prevention Program for Children (as requested) . Distribute Public Education materials at public events In 2008 the Department provided public fire safety education materials and information via the municipal website (www.bayham.on.ca). In 2009 the municipality is transferring website services to a new service provider to improve accessibility and user friendliness of the website. SMOKE ALARM PROGRAM The F.P.P.A. mandates every municipality shall have a smoke alarm program with home escape planning component. In November 1998 the Department conducted a door-to-door campaign to 19 Staff Report P2009-016 regarding Fire Prevention and Educati... Page 169 of 309 promote the installation and maintenance of working smoke alarms in all dwellings, awareness of the new 9-1-1 P.E.R.S. system and fire station response areas. Following the door-to-door campaign the Department continued to provide smoke alarms to residents upon request. Smoke alarm inspections continued upon request of the property owner, during fire safety inspections and post fire investigation. In early 2009 the Department implemented a formalized Smoke Alarm Program with home escape planning component to promote the installation and maintenance of smoke alarms in all dwelling units, and to monitor the compliance level within the municipality on an annual basis. ENFORCEMENT The Fire Chief is responsible for enforcement of the Fire Code, including smoke alarm violations. Enforcement is carried out in accordance with Fire Marshal direction and guidelines. Compliance with other areas of the Fire Code are encouraged and where appropriate more persuasive enforcement action is initiated. EMERGENCY PLANNING The Municipality has established an Emergency Management Program in accordance with Emergency Management Ontario standards. The Municipality maintains annual compliance with EMO Essential Level Emergency Management Program. PRE.INCIDENT PLANNING A pre-incident plan is a site-specific plan providing information to firefighters either when responding to an incident or for training purposes. In2009 the Department commenced preparation of pre-incident plans and conducted site tours of specific high-risk properties in the municipality. This initiative will better prepare the department in responding to fires or emergencies at these sites. FIRE PROTECTION \ilATER RESOURCES The majority of the municipality is not protected by a municipal water supply. The Department relies on static water sources or municipal water supplies to provide a water supply to areas not protected by hydrants. 20 Staff Report P2009-016 regarding Fire Prevention and Educati... Page 170 of 309 In 2008 the Department incorporated usable rural static water supplies and hydrants on Department mapping information and on the fire services dispatch providers CAD program to assist firefighters in accessing and locating the nearest water supply. The Fire Chief and Chief Building Offrcial work closely during the municipality's site planning and development process to ensure high hazard industrial and commercial properties expanding or establishing operations are in compliance with the water supply and fire safety requirements prescribed under the Ontario Building Code. The Department is a member of the Elgin County Fire Department Mutual Aid Program. This program allows the Department to request assistance from neighboring municipalities to enhance water supply capabilities at emergency incidents. The Municipality's long-term strategic plan has identifred the potential to expand rural static water resources for the Department. PROPOSED PROGRAM ENHANCEMENTS The Municipality has identified risk areas for enhanced public fire safety education and awareness programs. The municipality should also continue to use Provincial statistics to guide its public fire safety education and prevention programs to promote fire safety in the community. Continued enhancement of municipality's website section for public fire prevention awareness and education information will assist in continued promotion of public fire safety in the community. 2t Staff Report P2009-016 regarding Fire Prevention and Educati... Page 171 of 309 PRIORITY SETTING FOR COMPLIANCE The following chart identihes fire safety and prevention priorities for the municipality to assist the Department in promoting public hre safety programs to the community and mitigate future fire losses and public injury. Priority Setting Worksheet Effectiveness, Goals/Obj ectivesPriority Fire Safety Priority List in order of priority Status Current fire prevention / public education programs that address the fîre safety priority Existing programs adequately address the fire safety priority & ensure compliance with minimum FPPA requirements? If No, how would you reallocate resources and/or implement additional fire prevention or public education program / activities? Fire Prevention Public Education (Inspection) Activities Activities Fire Prevention (inspection) Activities Request or Complaint Public Education Activities Fire safety information mailing, newspaper advertising, public ldisplays i lGeneral fire safety linformation ,mailing, newspaper iadvertising, public ldisplays. Annual Open House at hre istations with formal ,invitation to rMennonite schools/community Fire safety information mailing, newspaper advertising, public idisplays Partner with Senior support agencies (e.g. meals on wheels, home care providers) Educate employers with seasonal accommodations on smoke alarm requirements. Invite Mennonite community to annual open house at fire stations. Conduct voluntary inspection program at local campgrounds, Presentations to ;senior groups (e.g. Older / Wiser) Distribute fire safety education material in low German and Spanish. Radio broadcast educational material to low German residents. Distribute smoke alarm educational material to known employers of seasonal workers. Partner with campgrounds and mobile home park owners and managers for distribution of Y/N YSeniors - frre safety ll Migrant iRequest or worker/seasonal lComplaint t¡ employee fire safety l l Trailers/RV/Motor i Request or homes lComplaint Y Y aa Staff Report P2009-016 regarding Fire Prevention and Educati... Page 172 of 309 Multi-unit dwelling units Assembly Occupancies wood burning appliances Industry- emergency plans Home Heating - !lo not mailing, newspaper advertising, public displays Fire safety information mailing, newspaper advertising, public displays Fire safety information mailing, newspaper advertising, public displays Contact known industry and request fire safety plans. Conduct inspections for Fire Code compliance on all known multi- unit dwelling units. Inspect all assembly Annually request updated fire safety plans for approval by chief fire offrcial. Send direct mailings to property owners of multi-unit dwelling units to promote compliance and upgrades to meet retrofit requirements. Send direct mailings to property owners of Direct contact with industry representatives for annual submission of fire safety plans for chief fire official approval. Distribute educational materials to industry sectors required to submit fire safety plans. Request or Complaint Request or Complaint Fire Code;and upgrades to meet request iretrofit requirements, (annually) fire iand request jsafety plans from ;submission of fire Fire safety information mailing, newspaper advertising, public displays specific to wood burning appliance safety.t all know lsafety plans for assembly lapproval by chief fire occupancies. loffìcial. Request V/ETT 23 Staff Report P2009-016 regarding Fire Prevention and Educati... Page 173 of 309 Page 174 of 309 CORPORATION OF THE MUNICIPALITY OF BAYHAM STATT'REPORT TO: Mayor & Members of Council DATE: I|;4.ay 7,2009 FROM: Fire Chief/CEMC/ By-law Enforcement Officer FILE: P16 SUBJECT: Fire Master Plan NUMBER: P2009-015 Purpose Obtain Council approval to establish a Steering Committee for undertaking a Fire Master Plan and eñdorsement of the proposed Fire Master Plan Request for Proposal. Background Fire Master Planning Fire Master Planning is a strategic long-range blue print for fire protection services to assist the municipality in addressing local hazards, needs and circumstances, and capital and current budget costs for delivering services. A Fire Master Plan includes the following Key Features: providers, as well as Council. capabilities, with community stakeholder input. prevention services that meet local needs and circumstances and comply with the Fire Protection and Prevention Act. your community. The benefits of a Fire Master Plan for Fire Departments and Municipalities include: protection and prevention service needs. In 2003 the Office of the Fire Marshal (OFM) conducted a Municipal Fire Protection Survey on the Municipalþ. The OFM report included a number of other Opportunities for Improvement, including a hve to seven year Fire Master Plan to assist Council in their need to plan for challenges of the next decade. Staff Report P2009-015 regarding Fire Master Plan. File: P... Page 175 of 309 A Fire Master Plan would also assist staff and Council in updating the Fire Department Establishing By-law to better define the fire protection services to be provided by the municipality. This would also assist staff with determining firefighter training needs and recommending annual budget allocations for both operating and capital requirements to Council. Staff Comments Financial Impact Staff identified the funding for the development of a Fire Master Plan in the Fire Department 2009 Operating Budget. The cost for a consultant to develop a Master Fire Plan report is projected to be approximately $8,000. Steering Committee Staff recommends forming a Fire Master Plan Steering Committee to liaise with the selected proponent and monitor progress of the proponent in accordance with the proponents' proposal. Staff recommends the Steering Committee consist of the following members: As part of the proponent's activities, staff will expect the proponent to, at a minimum, conduct group meetings with stakeholder groups such as Council, firefighters and fire department officers. To facilitate efficient and effective use of the Consultants time, municipal employee and volunteer time, and municipal resources the Committee will meet during the daytime and early evening hours. Committee Terms of Reference The following terms of reference are recommended for the Committee: (pending Council direction) Staff Report P2009-015 regarding Fire Master Plan. File: P... Page 176 of 309 Request for Proposal A proposed Fire Master Plan Request for Proposal is attached for Councils perusal. The following chart proposes a schedule for completion of a Fire Master Plan. Action Items Projected Completion Date Issue RFP May 8,2009 RFP Closing Date Jwe22,2009 Consultant Evaluation Jwe23 -July 10,2009 Award of ContraclProject Start-up July 17,2009 Draft Report to Steering Committee October 31,2009 Fire Master Plan Final Report to Council November 19,2009 Options l. Establish a Fire Master Plan Steering Committee with a Committee Terms of Reference as proposed in Staff Report 2009-015. 2. Establish a Fire Master Plan Steering Committee and Terms of Reference in accordance with Council recommendations. 3. Instruct staff to undertake a Fire Master Plan without a Steering Committee and provide interim reports to Council on the progress of the Fire Master Plan process. Strategic Goals Goal #l - Practice responsible financial management Goal #4 - Be dedicated to service excellence Staff Report P2009-015 regarding Fire Master Plan. File: P... Page 177 of 309 Recommendation 6'That staff report #P2009-015 regarding Fire Master Plan RFP and Steering Committee be received; Al[D THAT Council authorizes the establishment of a F'ire Master Plan Steering Committee with a Committee Terms of Reference as proposed in Staff Report 2009-015. Respectfully submitted,Reviewed By, Staff Report P2009-015 regarding Fire Master Plan. File: P... Page 178 of 309 REQUEST FOR PROPOSAL FIRE MASTER PLAN SUBMIT TO:Fire Chief Paul Groeneveld Municipality of Bayham 9344 Plank Road Straffordville, ON NOJ 1YO 51 9-866-5521 June 22,2Q09CLOSING DATE: Staff Report P2009-015 regarding Fire Master Plan. File: P... Page 179 of 309 Section 1 Section 2 Section 3 Section 4 Section 5 Section 6 Section 7 Section I Section 9 Section 10 Section 11 Section 12 Table of Gontents Scope of Work. Overview and Background. Bayham Fire Rescue Services Submission Requirements. . Summary of Expected Outcomes.... Anticipated Schedule... ... Evaluation and Award Selection Criteria. Award of Contract,.. ... . Steering Committee Terms and Conditions. 3 3 5 5 6 7 I I I I 10 10 Staff Report P2009-015 regarding Fire Master Plan. File: P... Page 180 of 309 MUNICIPALITY OF BAYHAM FIRE MASTER PLAN REQUEST FOR PROPOSAL ,1. GENERAL The Municipality of Bayham is issuing a Request for Proposal for a Consultant to develop a comprehensive Fire Master Plan as outlined in the document. All inquiries should be directed to Fire Chief Paul Groeneveld, 519-866-5521 or by e-mail pgroeneveld@bayham.on.ca, prior to June 15, 2009, in order to receive a reply prior to the closing date of submissions. 2. SCOPEOFWORK The scope of the project will be to review all operations within the Fire Department, in order to develop a comprehensive Fire Master Plan for the provision of a full range of services, including recommendations for service level standards, staffing and apparatus deployment, and implementation strategies as well as addressing the context of the recommendations in terms of the financial realities of the municipality. The study is to be conducted with best practices, industry standards and current legislation as the foundation for all work undertaken. Key areas of the study will include but not be limited to: 1. Assess the situation, staffing and apparatus implications identified by the Ontario Fire Marshal's Public Fire Safety Guidelines. 2. Consider the grov'rth in population and employment over the next 10-20 years and the potential impact to service delivery, and operations of the Fire Department. 3. Review of the Establishing and Regulating By-law of Bayham Fire Department. 4. Consider all areas including staffing, station location, impact of traffic calming on response times, vehicles and apparatus (new and replacement cycles), vehicle and apparatus maintenance, other equipment, administration, training, mechanical, fire prevention, emergency planning and public education. 5. Benchmark the Department's size, structure and operating costs against a similar comparator group based vis-à-vis the Ontario Fire Marshal's Performance Measurement & Benchmarking System (PMBS). 6. lnclude recommendations and approximate financial implications and an implementation plan or plans including a timetable. 7. Consider the effects of mutual aid and automatic aid agreements with regards to Contract Service Areas. 8. With respect to Development Charges, the study shall identify growth and non-growth related needs within the MunicipaliÇ of Bayham and non-growth related needs of the Fire Department identified within the plan. The proponent will liaise with the Planning and Building Departments to review the methodology to allocate the growth related capital costs between the residential and non-residential users of the service. 9. Review the efficiency and effectiveness of Fire Prevention and Public Fire Safety Education activities. Staff Report P2009-015 regarding Fire Master Plan. File: P... Page 181 of 309 l0 11 12 13 14 15 Review the Municipality's Fire Underwriters Survey (FUS) rating and opportunities for insurance premium savings in the municipality. Conduct a fire services hazardlrisk assessment and gap analysis between hazards/risk and current level of fire & rescue services provided by municipality The successful consultant will meet with the Steering Committee at the outset of the project to establish specific project requirements. Beyond that, the consultant should propose other meetings of the Steering Committee and with other departments and Municipal staff as necessary to carry out the study. At a minimum, the scope of work must include an initial meeting with the Steering Committee to review the scope of work required, a review of the Draft Fire Master Plan and a presentation to the Senior Management Team and Council of the Final Fire Master Plan. Five (5) copies of the Draft Report and ten (10) copies of the Final Report are required. ln addition, one camera-ready unbound original of the Final Report must be provided at the end of the study along with an electronic version of the report compatible with Word 2000 or 2007, and PDF format. A number of reports and other information will be made available to the selected consultant. This includes the Simplified Risk Assessment, MFPIS and the most recent Master Finance Plan. These are available for viewing during the RFP process. ln addition, the Municipali$ will provide available maps, plans and other fire department statistics as available. 3. OVERVIEW AND BACKGROUND The Municipality of Bayham is a progressive, growing urban and rural municipality located on the shores of Lake Erie in the heart of Southwestern Ontario with a population of 6,727 people. Both the Ci$ of London and the City of St. Thomas are located at our doorstep. The Municipality of Bayham is a mix of urban living with a large rural area covering approximately 247 square kilometers. Bayham was formed in 1998 through the amalgamation of three former municipalities, the Village of Straffordville, Village of Vienna and Village of Port Burwell. We boast vibrant and active communities, offering a rich variety of recreational, leisure and cultural activities for all ages. Lake Erie is situated on the municipality's most southerly border including approximately 19 kms of shoreline, with the Community of Port Burwell located on the most westerly side. On the weekends and during the summer months, tourists flock to the area to enjoy 2 km of sandy beaches with great swimming and boating opportunities. Bayham's Council works proactively to deliver services to our citizens and businesses to ensure long-term prosperity and success for our municipality. This innovative approach is fundamental to Bayham's future. This commitment to manage our growth and other factors such as the new Municipal Act, the Fire Protection and Prevention Act, service level standards that have been identified by the Ontario Fire Marshall's Otfice, and the National Fire Protection Association (NFPA) will form the basis for developing a new Fire Master Plan to guide the development of the Fire Department over the next 10 years. 4. BAYHAM FIRE DEPARTMENT The following is a brief overview of the Municipality of Bayham Fire Department and its' current mission and goals as outlined in the Department establishing By-la Staff Report P2009-015 regarding Fire Master Plan. File: P... Page 182 of 309 Bavham Fire Depaftment Mission Statement The primary mission of the Bayham Fire Department is to provide a range of programs to protect the lives and property of the inhabitants of the Municipality of Bayham from the adverse effects of fires or exposure to dangerous conditions created by man or nature. Primarv Goals of the Bavham Fire Depañment The goal of the Bayham Fire Department is to provide fire protection services through a range of programs designated to protect the lives and property of the inhabitants from the adverse effects of fires, exposure to dangerous conditions created by man or nature; first to the municipality; second to those municipalities requiring assistance through authorized emergency fire service plans and programs (mutual aid). Fire protection services provided by the Bayham Fire Department will include, but not be limited to the following no- fire emergencies. (a) Rescue from motor vehicle accidents, industrial accidents, confined spaces and building collapse, agricultural accidents; (b) Rescues involving water and ice (Land Based and Controlled Water Entry); (c) Emergencies involving hazardous materials (First Responder Awareness Level); (d) Tiered Response - Medical Assist for chest pain/cardiac arrest symptoms, VSA, MVC, Delay of EMS and Request of EMS (potential life threatening). Bayham Fire Department is a composite Department consisting of, at the present time, one part{ime Fire Chief, two Station Chiefs and approximately 35 Volunteer Firefighters. The locations of the two current stations are: Þ Straffordville Station 55764 Third Street, Straffordville, ON Þ Port Burwell Station 20 Pitt Street, Port Burwell, ON 5. SUBMISSION REQUIREMENTS The proposal submission shall be typewritten and spiral bound on the left side, contents shall be divided into parts as itemized in this section. Five (5) copies of each submission are required. Proposals shall include the following information: Descriotion of the Firm: A brief description of the firm's history highlighting the services related to this RFP. This should include the name, address and telephone number of the firm and all sub-consultants (if any). Descriotion of the Team: An outline of the qualifications and experience of the Project Manager and team members to be assigned to the project, including all sub-consultants (if any). This should include the respective roles and responsibilities of each team member in the development of the Fire Master Plan. lndicate the previous experience the proposed team members have in working together on similar recent projects. lnclude Curriculum Vitae for each team member in an appendix to the proposal submission. Project Exoerience: Brief documentation of significant similar projects completed by members of the project team. lnclude three client references, including contact name, address and phone numbers Understanding of the Proiect: a brief description of your understanding of the project and general approach to the conduct of the study. Work Plan: A detailed work plan that contains the tasks/activities to be undertaken in order to meet the project requirements. Proiect Schedule: A description of the project schedule, by task/activity and indicating the approximate timing of key meetings. Staff Report P2009-015 regarding Fire Master Plan. File: P... Page 183 of 309 Project Costs: Provide the total upset limit cost to complete the project, including disbursements. This shall include a breakdown of hourly rates, time and fees, by staff assigned and activity. 6. SUMMARYOF EXPECTED OUTCOMES The Master Fire Plan Review process should include a number of issues such as the following (but not limited to): f . inventories2. equipment needs3. building/space requirements4. statfing needs5. administrative needs6. budget processes (operating and capital)7. long range planning 8. statf policies9. statf structure and duties10. Council/FireDepartmentrelationship11. communications with Council, 12. authorizing by-laws13. reporting structure and requirements14. governancestructure15. public education16. fire prevention 17. emergencymanagement18. building code and fire code review19. mutualaid and/or partnerships and/or automatic aid agreements20. workload and response records21. volunteermanagement22. again, comment on the Fire Underwriters Survey and how what we do might effect our scoring on that survey.23. Firefighter training in relation to established services and time allocation for training activities 24. Efficient and effective use of resoLrrces, and effectiveness to provide services uniformly across the municipality25. Fire services hazard/risk assessment and gap analysis between hazards/risk and current level of fire & rescue services provided by municipality Administration/Gouncil 1. workload and response records2. staffing needs3. staff policies4. staff structure and duties5. administrative needs6. reporting structure and requirements7. volunteermanagement8. communications with Council9. Council/FireDepartmentrelationship10. governancestructure 11. authorizingby-laws12. long range planning13. building/spacerequirements. 10 Staff Report P2009-015 regarding Fire Master Plan. File: P... Page 184 of 309 Equipment lssues f . inventories2. equipment / apparatus needs Emerqencv Matters 1. emergencymanagement2. mutual aid and/or partnerships (eg. automatic aid agreements) Finance 1. budget processes (operating and capital) Fire Prevention 1. public education2. fire prevention (eg. inspections)3. building code and fire code review.4. simplified risk assessment 7. ANTICIPATED SCHEDULE The anticipated schedule for the selection of the successful consultant and the conduct of the study is as follows: 8. EVALUATION AND AWARD The proposals submitted in response to this solicitation will be evaluated based on the criteria listed below. The objective of the evaluation is to determine which proposal otfers the best prospect for attainment of the project goals. 9. SELECTION CRITERIA The Project Team will review all proposals received and score the proposals in relation to the criteria and points which are identified. An award may be made solely on the basis of the proposal submission, without iequesting any clarification from the proponent. However, one or more proponents may be invited to attend a formal presentation with the Project Team to provide clarification of their proposal. The award of this contract is not based solely on cost but will take into consideration the best value to the Municipality including: Experience and Qualification of Firm Experience and Qualifications of Proiect Team Members ll Staff Report P2009-015 regarding Fire Master Plan. File: P... Page 185 of 309 Demonstrated U nderstandinq of Obiectives Approach and Methodoloqv Proposed Work Plan. Schedule and Levelof Effort Pro\ride áwork plan and schedule, including a breakdown of the major tasks and the level of etfort of the identified team members in sufficient detail to allow a complete understanding as to how and by whom the work is to be carried out. Professional Fees The Proponent is to provide a firm price, to include all professional fees and disbursements, to complete the entire assignment in accordance with the services detailed herein and in the Proponent's proposal. Qualitv of Submission IO. AWARDOFCONTRACT Submitted proposals shall be valid and subject to acceptance by the Municipality of Bayham on the basis of the proposal amount for a period of up to and including ninety (90) days from the date of closing of this Request for Proposal. This Request for Proposal should not be constructed as a contract to purchase goods or services. The Municipali$ reserves the right to reject any and all proposals. Any purchase as a result of this RFP is conditional on full project approval by Municipal Council. The successful proponent will be required to execute a contract in a form satisfactory to the Municipality. The MunicipaliÇ of Bayham, without prejudice, reserves the right to cancel the resulting contract at no cost to the Municipality of Bayham with thirty (30) days written notification in the event the successful proponent fails to perform in -accordánce with the Terms, Time Scheduled of the contract. This will be in the sole opinion of the Municipali$ of Bayham. 11. STEERING COMMITTEE The Municipality of Bayham Councilwill appoint the Steering Committee. 12. TERMS AND CONDITIONS 1. The Proposal must remain in effect for 90 days after the due date for submission for the proposal. 2. Payment terms for the proposal must be indicated. 3. A matrix covering the selection criteria will be developed and reviewed by the selection management team. 4. Unless otherwise stated, the prices are quoted in Canadian Funds. Provincial Sales Tax and Goods and Services Tax must be clearly listed separately. 5. Companies will be allowed to withdraw their proposal, unopened after it has been deposited, if such a request is made to the Fire Chief in writing and it is before the closing date of the proposal. t2 Staff Report P2009-015 regarding Fire Master Plan. File: P... Page 186 of 309 6. The Municipality of Bayham may refuse proposals, which are not filled out in their entirety. 7. The supplier otfering lowest priced proposal may not necessarily be awarded the project, as the proposals will be evaluated on the basis of the criteria set out in Section 9 of this RFP. L The proposal requires Council budgetary approval and may be cancelled if the proper fundíng is not available. 13 Staff Report P2009-015 regarding Fire Master Plan. File: P... Page 187 of 309 Page 188 of 309 TO: Mayor & Members of Council FROM: Kyle Kruger, Administrator SUBJECT: Eden Communþ Centre - Repairs and Designated Substances DATE: April30,2009 FILE: ) NUMBER: PR2009-11 Purpose This report is to provide further information regarding Eden and Area Community Centre building repairs/improvements and the results of a designated substances survey. Background In February 2009, Council considered information received outlining concems regarding the location of asbestos in the Eden Communþ Centre. The issue was discovered upon responding to requests from the Eden and Area Community Centre to undertake repairs to the heating system/hot water tank, and to consider repairs to ceilings damaged by roof leaks prior to 2008. Council directed that staff proceed with a Designated Substances Survey, and inspect the building to assess other capital needs/compliance issues. The CBO and Fire Chief undertook inspections in late February. Staff received the Designated Subst¿nces Survey Apnl 29th, 2009. Staff Comments The Designated Substances Survey results did identiff asbestos issues, largely as outlined in the draft findings presented in February. Since asbestos containing materials have been confirmed, the building is subject to requirements for an asbestos management program. The report does recommend that certain asbestos material is in fair to poor condition, and should be repaired or removed. Also, certain other designated substances have been identified, however these are not recommended for removal, but rather will require notice and work practices in accordance with va¡ious regulations when the materials are disturbed (constructior/demolition/disposal). In regard to an asbestos management program, the following are the general requirements: a) Prepare and maintain on the premises a record of the location of the asbestos containing material b) Give any other person who is an occupier of the building written notice of any information in the record that relate to the area occupied by the person c) Give any employer with whom the owner arranges or contracts for work written notice of the information in the record, if the work, i) may involve material mentioned in the record, or ii) may be carried on in close proximity to such material and may disturb it d) Advise the workers employed by the owner who work in the building of the information in the record, if the workers may do work that i) involves material mentioned in the record, or ii) is to be carried on in close proximity to such material and may disturb it e) Establish and maintain for the training and instruction of every worker employed by the owner who works in the building and may do work in clause d), a program dealing with Ð the hazards ofasbestos exposure Staff Report PR2009-11 regarding Eden Community Centre - Rep... Page 189 of 309 r aét ii) the use, care, and disposal of protective equipment and clothing to be used and worn when doing the work iii) personal hygiene to be observed when doing the work iv) the measures and procedures prescribed by regulation Ð lnspect the material mentioned and update the survey at reasonable intervals (annually) or whenever the owner becomes aware of new information relating to matters within the survey. The staff inspections of the building did identiff significant other capital repairs/works that the building will require in the near future and works to comply with current fire code requirements. These items range from small maintenance (ie: painting) to extensive renovations (ie: accessible washroom facilities, window replacement, exterior doors, soffilfacia repair). Estimates to carry out immediate requirements are as follows (information from local contractors and"/or staff): Replacement of ceiling tiles - $ 17,000 Doors,miscellaneous -$ 10,000 Removal of asbestos and reinsulation of plumbing - $ 36,800 Replacement of control valves, new water heater - $ 11,500 to $15,900 These estimates include only immediate items. Estimates have not been sought for the items such as accessible washrooms etc. previously mentioned. ln addition, staff have just been informed of recent additional roof leaks at the building. At this time, staff are reviewing whether repairs may fall within the warranties from the repairs done in 2007. Options l. Commence with removal of asbestos as recommended in the Designated Substances Survey, and other immediately required repairs (plumbing etc.), and develop Asbestos Management Plan in accordance with regulations. 2. Initiate discussions with the Eden and Area Community Centre regarding the continued use of the building. Attachments 1. Memo of CBO February 24,2009 2. Memo of Fire Chief February 25,2009 3. Extract from Designated Substances Survey March 25,2009 - Recommendations section Strategic Plan Goal(s) Goal #1 - Practice responsible financial management Goal#2 - Ensure reliable, well maintained and secure infrasructure Recommendation THAT staff be authorized to initiate discussions with the Eden and Area Community Centre regarding the continued use of the building. Staff Report PR2009-11 regarding Eden Community Centre - Rep... Page 190 of 309 MUIVCIPALITYOF BAYHAM MEMORANDUM DATE: FEBRUARY 24,2008 TO: Council RE: Eden Community Centre Building Condition FROM: BILL KNIFTON NUMBERz C2009-02 An audit inspection of the Eden Community Centre building was carried out with the following findings and recommendations:o The existing hot water heating system is in need of upgrading. All exposed valves are extremely corroded. There is existing asbestos pipe wrap to be removed and replaced to all piping. The boiler is 16 years old; will need replacement within the next 5 to 10 years. Recommend replacing entire heating system at one time rather than just the valves and insulation.o The exterior front double door, binds on the door sill, so that extreme force is required to open the door. This is the handicap access to the building, therefore , at present, there is no handicap access to the building. This door system needs to be replaced and the new entrance door should have an automatic handicap door opener. o The existing washrooms are original, and outdated. There is no handicap accessible washroom, which is a requirement for a public building. Extensive washroom renovations will be required to provide a handicap accessible washroom for both sexes. o The existing exterior door from the mechanical room needs to be replaced. It is poorly fitted and wom out.. The other two exterior door systems, are in working condition, but should be replaced within the next couple of years o The existing windows are functional, but are original, don't provide any insulation value and should be replaced within the next few years. . The exterior soffit and fascia is painted wood. The paint is blistered and peeled off. There was no access to verifr if the wood was rotten, but can assume that some areas are. All paint should be scrapped off and repainted, or capped with aluminum, with any rotten wood replaced.. The interior classroom door adjacent to the kitchen is missing the glass lite. New glass should be installed in this door lite.o No comments are made regarding ceiling tiles or fire code issues, as the Fire Chief is commenting on those items Staff Report PR2009-11 regarding Eden Community Centre - Rep... Page 191 of 309 MIINICIPALITY OF BAYHAM FIRE DEPARTMENT MEMORA'VDUM DATE: February 25,2009 TO: Kyle Kruger, Administrator FROM: Paul Groeneveld Fire Chief RE: Eden Community Centre - Fire Code Compliance On February 25, 2009 I conducted a Fire Safety Inspection at the Eden Community Centre to ascertain compliance with the Ontario Fire Code. Ontario Fire Code The Ontario Fire Code (OFC) prescribes requirements for fire safety of persons, the elimination or control of fire hazards in and around buildings, the maintenance of certain life safety systems in buildings and the establishing of a fire safety plan in specific buildings. The OFC prescribes the building owner is responsible to ensure his/her building is in compliance with the OFC at all times. Fire Safety Inspection The Eden Communþ Centre was originally constructed in 1963 as a public school and regulated under the Education Act. The OFC prescribed requirements apply to a building in its current use; being assembly occupancy. Ontario Fire Code Part2 - Fire Safety, Part 6 - Fire Protection Equipment and Part 9.2 - Retrofit for Assembly Occupancies applies to this building. The attached chart outlines violations, potential resolutions and estimated costs to bring the building into compliance with the Fire Code. Legal Implications Identification of the violations of the Fire Code places the senior management, department heads and the municipality in a liable situation should a person be injured as a result of items not in compliance with the Fire Code. Staff Report PR2009-11 regarding Eden Community Centre - Rep... Page 192 of 309 Financial Impact Staffestimates the cost of renovations to bring the building into compliance with the Fire Code using current contractor estimates for replacing ceiling tiles and best guess estimates for doors and other upgrades. The projected cost for capital upgrades for Fire Code compliance is estimated to be a minimum of $25,000. This estimate includes $3700 cost for ceiling tile replacement for quotes from contractor for heating system repairs. General Comments Investing the minimum amount of capital expense will require the municipality to issue a written policy restricting the occupant load of all rooms to a maximum of 60 persons at one time. In order to achieve full capacity of each room will require the doors to swing in the direction of exit travel. The inspection was completed on the basis the building will not be used for cooking of foods generating grease-laden vapors' (e.g. cooking offoods containing fats). Staff Report PR2009-11 regarding Eden Community Centre - Rep... Page 193 of 309 Fire Code Item Violation Solution Estimated Cost Interior Finishes spread rated. and assembly area is not fire rated. Remove or replace Remove or replace Remove - $0 Replace - $1000 Remove - $0 Replace - S1500 Emergency Planning Fire Offrcial. >$0 Doors direction of exit travel (outward). intended. obtain appropriate level of fire separation. fire separation and requires automatic closing device. direction of exit travel or restrict load to 60 persons. rated doors. Install new door and automatic closing device. Þ Doors - $4000* / Restrict occupant load $0, pending written direction - owner. Replace - $800 Chimneys, Flues and Pipes not sealed to prevent passage of smoke or fire. Fire Separations between rooms rooms; men and women's washrooms require fire rate ceiling tiles. conduits, throughout building. Replace with fire rated ceiling tile. Repair Records of tests, inspections and maintenance maintenance, including monthly inspections must be kept. process for building to consolidate all information. * Doors are the same - price is estimated to be $4000 for a fire rated door swinging outward. Staff Report PR2009-11 regarding Eden Community Centre - Rep... Page 194 of 309 Designated Substances Survey 56967 Eden Line Municipality of Bayham March 25, 2009 AEC Project No.: 09-4518 6.0 RECOIT,IMENDATIONS The following recommendations are made with respect to the Designated Substances noted at the Site: 6.1 Asþesfos 6.1.1 Asbestos Management Program Since asbestos-containing materials were identif¡ed at this facility, the building is subject to the requirement for an Asbestos Management Program, as specified under Ontario Regulation 278105 until demolition of this building occurs. \Mere an owner knows that asbestos-containing materials has been used in the building, the owner shall, (a) Prepare and maintain on the premises a record of the location of the asbestos containing material, (b) Give any other person who is an occupier of the building written notice of any information in the record that relates to the area occupied by the person, (c) Give any employer with whom the owner arranges or contracts for work written notice of the information in the record, if the work, (i) may involve material mentioned in the record, or (ií) may be carried on in close proximity to such material and may disturb it; (d) Advise the workers employed by the owner who work in the building of the information in the record, if the workers may do work that, (i) involves material mentioned in the record, or (ii) is to be carried on in close proximity to such material and may disturb it; (e) Establish and maíntain, for the training and instruction of every worker employed by the owner who works in the building and may do work; (f) lnspect the material mentioned and update the survey at reasonable intervals (annually) or whenever the owner becomes aware of new information relating to the matters within the survey. Advanced Environmental Corp.Page I Staff Report PR2009-11 regarding Eden Community Centre - Rep... Page 195 of 309 Designated Substances Survey 56967 Eden Line Municipality of Bayham March 25, 2009 AEC Project No.: 09-4518 6.1.2 Mechanical lnsulation Asbestos-containing mechan¡cal insulation is present within the facility. Some of this material is in fair to poor condition and/or accessible to building occupants and should be repaired or removed. Please refer to Appendix lV for a list of recommended remedial actions. Any activity, which will disturb asbestos-containing mechanical insulation, is governed by the procedures outlined in Ontario Regulation 278105. The disturbance of less than one (1) square metre of asbestos-containing mechanical insulation may be performed as a Type 2 operation, while any greater disturbance requires Type 3 precautions. Samples collected of the brown layered cellulose insulation contain trace amounts (i.e. less than 0.1% asbestos, Sample Group 09). Since the sampling strategy employed during the assessment complies with Table 1 of the Regulation and asbestos was not detected at a concentration in excess of O.5o/o asbestos, this material can be treated as a non-asbestos product. 6.1.3 Drywall JointGompound The drywall finishes with asbestos-containing joint compound are in good condition and remediation is not required at this time. The removal of less than one (1) square metre of drywall where asbestos-containing drywalljoint compound has been used may be conducted following Type 1 procedures outlined in Ontario Regulation 278105. The removal of more than one (1) square metre of drywall where asbestos-containing drywall joint compound has been used must be conducted following Type 2 procedures outlined in Ontario Regulation 278105. 6.1.4 Flooring Mastic The asbestos-containing mastic used to adhere vinyl floor tiles is in good condition and remediation is not required at this time. Mastic and associated floor tile may be removed, with manually powered tools, following the Type 1 procedures outlined in Ontario Regulation 278105. The use of powered equipment on non-friable asbestos materials, an activity which could result in the release of airborne fibres, must be performed under Type 3 precautions. 6.2 Lead in Paint The results from the paint samples collected found elevated levels of lead in paint samples submitted for analysis. The lead-containing materials in the building will not generate airborne lead dust in the absence of disturbance. However, significant lead dust levels can result when uncontrolled work procedures are used on lead-based Advanced Environmental Corp.Page 9 Staff Report PR2009-11 regarding Eden Community Centre - Rep... Page 196 of 309 Designated Substances Survey 56967 Eden Line Municipality of Bayham March 25, 2009 AEC Project No : 09-4518 materials. The control of dust levels during the demolition of the buildings can be accomplished through proper work practises such as wetting the surface of the mater¡als to reduce overall dust levels and providing workers with washing facilities and proper respiratory protection. The procedures outlined in the MOL document 'Guideline - Lead on Construction Projects' (2004) should provide an adequate standard for the handling or disturbance of the material. 6.3 Mercury The presence of mercury in fluorescent light tubes and thermostats poses minimal risk to occupants or workers provided the equipment is handled properly and the mercury is not allowed to escape. Light tubes should be removed intact to prevent the mercury vapour from escaping. It is good management practice to take precautions to prevent mercury vapours from becoming airborne during building demolition. Exposure to airborne mercury is regulated under R.R.O. 1990, Reg. 844 amended by O. Reg 110104, Regulation Respecting Mercury - made under the Occupational Health and Safety Acf. The current TWAEV for mercury vapour is 0.025 mg/m3 (except alkyl compounds)' Mercury waste must be handled and disposed of according to Ontario Regulation 347, as amended by O. Reg. 102/07, and may be subject to Leachate Criteria (Schedule 4) of this regulation. 6.4 Sílrca Disturbance of materials containing silica will occur during demolition of walls and ceilings, saw cutting floor slabs and removal of lay-in acoustic ceiling tiles containing silica and is regulated under Ontario Regulation 845/90, Designated Substance - Silica made under the Ontario Occupationat Heatth and Safety Ácf. The current TWAEV for amorphous fused silica is 0.1 mg/m3 and is 0.05 mg/m3 for crystalline silica (quarE). This can be accomplished through proper work practices such as wetting the surface of the materials to reduce overall dust levels and providing workers with washing facilities and proper respiratory protection. The procedures outlined in the MOL document 'Guideline - Silica on Construction Projects' (2004) should provide an adequate standard for the handling or disturbance of the material. Advanced Environmental Corp.Page 10 Staff Report PR2009-11 regarding Eden Community Centre - Rep... Page 197 of 309 Page 198 of 309 Correspondence dated April 23, 2009 from Fran Southwick requ... Page 199 of 309 Page 200 of 309 Correspondence dated April 23/09 from Mary Taylor regarding ... Page 201 of 309 Correspondence dated April 23/09 from Mary Taylor regarding ... Page 202 of 309 Correspondence dated April 23/09 from Mary Taylor regarding ... Page 203 of 309 Correspondence dated April 23/09 from Mary Taylor regarding ... Page 204 of 309 Correspondence dated April 23/09 from Mary Taylor regarding ... Page 205 of 309 Correspondence dated April 23/09 from Mary Taylor regarding ... Page 206 of 309 Correspondence dated April 23/09 from Mary Taylor regarding ... Page 207 of 309 Correspondence dated April 23/09 from Mary Taylor regarding ... Page 208 of 309 Correspondence dated April 23/09 from Mary Taylor regarding ... Page 209 of 309 Correspondence dated April 23/09 from Mary Taylor regarding ... Page 210 of 309 Correspondence dated April 23/09 from Mary Taylor regarding ... Page 211 of 309 Correspondence dated April 23/09 from Mary Taylor regarding ... Page 212 of 309 Correspondence dated April 23/09 from Mary Taylor regarding ... Page 213 of 309 Correspondence dated April 23/09 from Mary Taylor regarding ... Page 214 of 309 Correspondence dated April 23/09 from Mary Taylor regarding ... Page 215 of 309 Correspondence dated April 23/09 from Mary Taylor regarding ... Page 216 of 309 Lori Kiog R.R. #4, Aylmer, ON N5H 2R3 MUNTCTPAUTY 0F BAYHAM Tel (519)866-s004 C/O Corinth Community Of Christ Church April 21,2009 Attn.: Lynda Millard Our Church would like to request use of both sides of the sign in front of the Municipality of Bayham office to advertise our upcoming Craft Sale and Car Show. The event is on Jvne 27 ,2009 and so therefore we are requesting use of the sign for the week following the event ifpossible. (June 19 to June 26) We feel that advertising on this sign will greatly help to get our event advertised in Bayham. The following is what the sign would advertise: Craft Sale Car Show C of Christ :i::::ïi If the sign is available to us we would be willing to come and set up the sign and take it down if need be after the event. Sincerely: Lori King Event Coordinator Correspondence dated April 21, 2009 from Lori King represent... Page 217 of 309 Page 218 of 309 April 23r 2OOg MUNICIPALITY OF BAYHAM Municipality of Bayham P.O. Box 160, 9344 Plank Road $traffordviller Ontario NOJ ITO Dear Sirs: Re: 2OO9 Tub Daze 25th Anniversary This year Port Burwetl Tub Daze will be held on Fridayr July 3lstt Saturday, August lst, and Sunday, August 2ndr 2OO9. Our $pecial Occasion Permit will be requested for July 3lstr August lst and August 2nd 2OO9, 11¡OOam to l2:O0am' Friday evening we will be holding a Youth Dance from 7:OOpm to IO:OO pm. Saturday, August lst, there will be a Volleyball Tournament, Pull Our Bickle, Karate Demo and a DJ for the evening. We will not be holding a Tractor Parade this year! Sunday, August 2nd, Dave Bellaire will be entertaining in the evening and fireworks at dusk. We will need a letter from the Municipality stating this event is a Gommunity Festival for us to obtain an Outdoor Special Occasion Permit, Should you have any questions please feel free to call myself at 874- 44¡5¡lÐ or Paql Vyse. L: I -l Correspondence dated April 23, 2009 from Deb Travis, Rec Soc... Page 219 of 309 È\$.",-?,--l'++ Sincerely, Deb Travis Rec, Society Paul Vyse Optimist Glub Correspondence dated April 23, 2009 from Deb Travis, Rec Soc... Page 220 of 309 April 23, 2OOg Municipality of Bayhamt P,O, Box 160, Straffordvi lle, Ontario. NOJ IYO Dear Gouncil: The Port Bururell/Otter Valley Optimist and the Port Burrvell Rec. $ociety are requesting an exemption from the noise bylaw for the weekend of Tub Daze, July 3lstr August lst and August 2ndr 2OO9' Thank your N\T"J'?tw Deb Travis Paul Vyse Rec. Sociebl Optimist Glub Correspondence dated April 23, 2009 from Deb Travis, Rec Soc... Page 221 of 309 Otter Valley Port Bunryell Optimist Glub We the Optimist Club are once again seeking the exemption for Table 3-1 part 1 of the Municipality of Bayham noise by-law which states the detonation of fireworks. The Port Burwell Tub Daze event has one of the best fireworks displays in the area. The fireworks are detonated on the pier of the east beach out over the water, this will take place on Aug 2nd, 2O09 at dusk, (9:45 p.m. to 11:O0 p.m.) We are also seeking exemption of Table 3-1 parts 4 and 12, these pertain to the operation of electroñic devices or a group of connected electronic devices incorporating one or more loud speakers, also yelling, shouting, hooting, whistling and singing. The music the Optimist Club provides to the people who attend Tub Daze events is crucíal to making this a successful event for the entire community. This exemption will be for the hours of I 1 :00 a.m. July31st, to 1 :00 a.m. Aug 1st, 1 1 :00a.m. Aug 1st to 1:00 a.m. Aug 2nd and I 1:00 a.m. Aug 2nd to 1:00 a.m. Aug 3rd, 2009. ThÍs will be the Twenty fifth year of the Tub Daze celebration and this event attracts many people to our community. These people help support our local businesses in the community and help us continue to be a good tourist area. Optimist PaulVyse Ottervalley/Port Burwell Optimist Glub Correspondence dated April 23, 2009 from Deb Travis, Rec Soc... Page 222 of 309 Ontario Errlt/ YêaE Ãpn123,2009 Municipality of Bayham g344PlarkRoad, PO Box 160 Straffordville, ON NOJ lYO (,', \') ,,To Whom ltMay Concsrn: The Ontario Early Years Cente would like to obtain park pennits to use green space in order to bring our free program "Sunmer Park Progran" into the Straffordville, Vienna, and Port Burwell Community Parks again this summer. The prograrns would rul on Friday monrings commencing the beginning of JuIy until the end of August from 9:30- l1:30 am (weather permitting). We bring our own supplies and do not require any special equipment. Bybringing ourprogmm to this public areaagain we hope to increase exposure tô the so that fa:rrilies can be¡refit from the programs that we offer. 'We currently are running a progftun from Straffordville Public School during the school months. If you have any questions or conc€flls, please contact me at (519) 637-9496, exL 242. Thank you in advance for your assistance. Program Supervisor, Ontario Early Years Ceerfre Elgin-Miala[esex-London Onlorio Eorly Yeors Cenhe Elgi+Middlesex-london Moin Cenlre 7 Morrison Drive, Sl- lhomos, ON NsR 4S5 Tel.: (5191 ó31-949ó Fox (5ì9) ó310820 www.onlorioeorlyyeors.co Wih soÌellite oflices in Eosl ond WesÌ Elgtn à q"*r""r^rroN rotr COMMIJNITY LIVING ¿00/200'd 289# fz:0t 800¿/Ez/Þfl !8889988191:01 3Ä10:tuo-U Correspondence dated April 23, 2009 from Bev Fellows, Progra... Page 223 of 309 Page 224 of 309 lnvoice Payee Number lnvoice Date Type Cheque Gheque Amount Number 2008.08.19 6.3 9050 OOOO33 AGLINE 1191467 1191731 5561 5564 5573 5579 5694 OIL, GRAPHITE TOGGLE SWITCH TIRE REPAIR BALL JOINT, SHOCKS U-JOINT, FLUID LOF TRANS FLUID MUNICIPALITY OF BAYHAM Accounts Payable Royal Bank Cheque Register - 0411612009 0411612009 1:28PM 0312612009 I 208.93 006311 04to1t2009 I 48.37 006311 Cheque Amount - 257.30 OOOO52 AMTELECOM COMMUNICAÏIONS Apr0060257907 INTERNET - OFFICE 0410112009 I 81.85 006312 Apr0060341982 INTERNET - EDISON MUSEUM 04t0112009 I 45.10 006312 Apr0060408229 INTERNET - MARINE MUSEUM 0410112009 I 45.10 006312 4pr0060493387 INTERNET - GARAGE 0410112009 I 28.30 006312 4pr5198665521 MONTHLY TELEPHONE 04t01t2009 I 1,236.08 0063í2 4pr5198744054 TELEPHONE - INTERP CENTRE 0410112009 t 108.21 006312 Cheque Amount - 1,544.64 OOOO75 AYLMER EXPRESS 0000144722 EVENT BROCHURES 0313112009 I 1,240.74 006313 0000145093 ENVELOPES - RETURN ADDRESS 0313112009 I 179.67 006313 Cheque Amount - 1,420.41 OOO141 CAIN'S AUTO SALES & SERVICE o3t11t2009 I 16.95 006314 03t11t2009 I 1,422.01 006314 0311212009 I 388.01 006314 0311312009 I 44.02 006314 o3t3112009 I 56.42 006314 Cheque Amount - 1,927 .4'l OOOIOO CORPORATE EXPRESS 22251460 CANON TONER 0311912009 I 172.88 006315 22384976 TONER, PENS, STAPLES 0410812009 I 184.23 006315 22388041 IMAGE READER 0410812009 I 38.41 006315 Cheque Amount - 395.52 001432 CULLIGAN D0933350515 UNlr RENTAL 0410112009 I 25.12 006316 Cheque Amount - 25.12 OO1IlO DOUGANDERSON expense cheque RoAD SCHOOL 0411512009 I 660.00 006317 Cheque Amount - 660.00 OOO282 ED BRADFIELD expenses - course ROAD SCHOOL 0411512009 I 864.93 006318 Cheque Amount - 864.93 T00É}67 GEI{ERAb CHEMIGAT Page 1 Cheque Register being Cheques #6311 to Cheque #6412 inclusiv... Page 225 of 309 2008.08.19 6.3 9050 90220712 OOO991 HORVATHAUTOPARTS I 89259 I 89681 I 89841 189915 MUNICIPALITY OF BAYHAM Accounts Payable Royal Bank Cheque Register - 0411612009 0411612009 'l:28PM ALUM SULFATE GLOVES, PAINT DECALS, LETTERING LAMPS GLOVES 03t25t2009 I 499.59 006319 Cheque Amount -499.59 03/03/2009 I 63.84 006320 03/19/2009 I 206.23 006320 0312712009 I 361.60 006320 0313112009 t 14.68 006320 Cheque Amount - 646.35 OOO427 HYDRO ONE NETWORKS INC AprÐ0240-14793 UTILITIES - GARAGE 0410612009 I 625.76 006321 4pr06460-08880 UTILITIES - STRAF LIBRARY 0410812009 I 167.95 006321 Apr12660-62007 UTILITIES - MED BLDG 0410812009 I 99.73 006321 Aprl5773-68016 UTILITIES - PUMP#s 0410812009 I 364.93 006321 Apr25260-09578 UTILITIES - OFFICE 0410812009 I 397.31 006321 Apr35795-43000 UTILITIES - PUMP#6 0410312009 I 636.72 006321 Apr50370-20077 UTILITIES - VIENNA LIBRARY 0410312009 I 409.09 006321 Apr62770-20225 UTILITIES - VIENNA MEM PARK 0410312009 I 134.55 006321 Apr68860-08015 UTILITIES - STRAF FIRE 0410812009 I 329.75 00632'l Apr86590-87008 UTILITIES - PUMP#2 0410812009 I 207.04 006321 4pr87640-'15034 UTILITIES - S.C.C. 0410812009 I 1,097.24 006321 Cheque Amount - 4,470.07 OOO485 JUST PIPE & FITTING INC. 008272-2 FENCE, TUBING, LINERS 0311712009 I 192.86 006322 008593-2 PI-ASTIC TUBING, COUPLERS 0410212009 I 1,492.04 006322 Cheque Amount - 1,684.90 OOO517 KROWN RUSTCONTROL 22259 FLAT DISC 03t31t2009 I 120.86 006323 Cheque Amount - 120.86 001433 MICROCAD COMPUTERCORPORATION 163117 FLAT PANEL MONITORS 0110112009 I 1,176.33 006324 Cheque Amount - 1,176.33 001484 PELMOREX MEDIA INC. 108032 WEATHER FORECAST SERVTCE 0313112009 I 315.00 006325 Cheque Amount - 315.00 000796 SANDS CANADA INC./ANGUS 00661849 GLOVES 0410812009 I 46.33 006326 lnvoice Payee Number lnvoice Date Type Cheque Cheque Amount Number OO+489 SOFALVIÐOOR SYSTEMS Cheque Amount -46.33 Page 2 Cheque Register being Cheques #6311 to Cheque #6412 inclusiv... Page 226 of 309 lnvolce Cheque Date Type Amount 1070 REPLACE & TNSTALL CABLES 04/03/2009 I 291.11 006327 2008.08.1e 6.3 s050 MUNtCtpALtTY OF BAYHAM 0411612009 1:28PM Accounts Payable Royal Bank Cheque Register - 0411612009 Cheque Amount - 291.11 000930 TscsroREs L.P. ß1A27070 oRANGE JACKET, SWEATER 0312412009 I 96.03 006328 181032341 SOLDER, ELBOWS 031Q5t2009 I 54.04 006328 181033585 V|NYL TUBING O3l18t2AO9 I 42.21 006328 Cheque Amount- 192.28 OOO99O ZAPS TREE AND I.AWN SERVICE 000u2a7 REMoVAL oF TREES 0410812009 t 4,677.75 006329 Cheque Amount - 4,677.75 Cheque Run Total - 2'1,215.90 Cheque Register being Cheques #6311 to Cheque #6412 inclusiv... Page 227 of 309 2008.08.1S 6.3 9050 MUNICIPALITY OF BAYHAM 04/16/2009 2:18PM Accounts Payable Royal Bank Cheque Register - 0411612009 lnvoice Payee Number lnvoice Cheque Cheque Date Type Amount Number OO,I5O7 ST ALBAN'S CHURCH MEMORIAL FUND memorial donation E. LORRAINE BAILEY 04Í1612009 I 50.00 006330 Chegue y'rrnount - 50.00 Cheque Run Total - 50.00 Page 'l Cheque Register being Cheques #6311 to Cheque #6412 inclusiv... Page 228 of 309 2008.08.19 6.3 9050 MUNICIPALITY OF BAYHAM Accounts Payable Royal Bank Cheque Register - 0412312009 0412312009 1:00PM lnvoice Payee Number lnvoice Cheque Cheque Date Type Amount Number 001513 1483310 oNTARTO L|MTTED computer DELL TOWER & MONITOR 04l22l2\Og I 384.18 006331 ChequeAmount- 384.18 000008 407 ETR 82665,1445 Apr TOLL CHARGES 04l12l2}Og I 41-28 006332 Cheque Amount - 41.28 000009 843002 oNTARro tNc 11051003 HAULING GRAVEL 0410612009 I 1,679.66 006333 Cheque Amount - 1,679.66 OOOOI2 A & L CANADA LABORATORIES INC. 172648/ ORGANIC CARBON, ENV PARAME 03/31/2009. I 546.00 006334 Cheque Amount - 546.00 OOOO23 AAROCAGGREGATES LTD J057086 CRUSHED STONE, GRAVEL 0411612009 I 1,277.79 006335 Cheque Amount - 1,277.79 001511 ABEXAFFILIATED BROKERS EXCHGE 210691 BAYHAo2 - TNSURANCE RENEWAL 04/08/2009 I 4,904.28 006336 Cheque Amount - 4,904.28 OOOO42 ACU-TEC INSPECTION & SERVICE LTD 2009't78 ANNUAL INSPECTION 0410712009 I 7'19.04 006337 2009179 tNSpECTtON OF L|FT EQUTP 0410712009 I 503.74 006337 Cheque Amount - 1,222.78 OOOO31 ADT SECURITY SERVICES CANADA 37827003 ALARM SYSTEM 0412012009 I 219.45 006338 Cheque Amount - 219.45 001337 AROUNDABOUTBAYHAM smoke alarm ad 'lTS THE LAl¡r AD O4l14l2OOg I 30.00 006339 Cheque Amount- 30.00 OOOOTO ATKINSON, DAVIES INC 27470 GEOTECHNICAL REPORT 04101t2009 I 393.75 006340 Cheque Amount - 393.75 OOOOTI ATI.ANTIC INDUSTRIES LIMITED 626316 CROSSINGS 0411312009 I 2,835.46 006341 Cheque Amount - 2,835.46 OOOO75 AYLMER EXPRESS 00001,f4779 PUBLIC MTG,I-ANDSCAPING, PW O3l31l2OOg I 216.09 006342 Cheque Amount -216.09 Page 1 Cheque Register being Cheques #6311 to Cheque #6412 inclusiv... Page 229 of 309 2008.08.19 6.3 9050 OOOI6O CANONCANADAINC. 6182364 METER BILLING 000171 cBsc CAP|TAL tNC 2735220 COPIERRENTAL MUNICIPALITY OF BAYHAM Accounts Payable Royal Bank Cheque Register - 0412312009 O4l23l20}g 1:00PM 0411512009 I 519.61 006343 Cheque Amount -519.61 04t10t2009 I '1,294.98 006344 Cheque Amount - 1,294.98 OOO212 COUNTY OF ELGIN tNoooo13552 APR|L',Og POLTCE SERVTCES 04t1412009 I 56,530.41 006345 Cheque Amount - 56,530.41 000263 DINGLE LINE EQUIPMENT SUPPLY 799 WATER STOPPERS 04t1412009 I 7,627.50 006346 Cheque Amount - 7,627.50 001515 EAST ELGIN FAMILY HEALTH TEAM Janl-Mar31/09 KRISTAL PITTER JAN 1-MAR 3ll0g 04115t2009 I 25,'196.70 006347 Cheque Amount - 25,196.70 OOO284 ED ROLOSON expenses - conferenc WATER WORKS CONFERENCE O4l2Ol2OOg I 576.62 006348 Cheque Amount - 576.62 OOO316 EQUIPMENT CENTRE SIMCOE LTD T050621 FLOOR SAW, BI.ADES 04109/2009 I 74.95 006349 Cheque Amount - 74.95 OO1288 FARMINGTON MECHANICAL INC. 007437 METER CHANGE OUT 04t1312009 I 6,237.00 006350 007442 UNTON ST pUMp STATTON REPATR 0412A2009 I 8,082.90 006350 Cheque Amount- 14,319.90 OOO338 FIRE SAFETY DISTRIBUTION CTR lNoo0438 MEMBERSHIP RENEWAL 0411412009 I 100.00 006351 Cheque Amount- 100.00 001514 FLEXO PRODUCTS LIMITED 88s262 DESCALER O4t1512009 I 118.60 006352 Cheque Amount - 118.60 OOO357 G& K SERVICES CANADA INC 1518394773 SHOP TOWELS, FLOOR MATS 04t16t2009 I 219.42 006353 Cheque Amount - 219.42 OO15O8 GENESÍS REHABILITATION 09042009-8T01 ASSESSMENT OF PLYGRD EQU|P 0410912009 I 990.78 006354 lnvoíce Payee Number lnvoice Gheque Cheque Date Type Amount Number ChequeAmount- 990.78 Page 2 Cheque Register being Cheques #6311 to Cheque #6412 inclusiv... Page 230 of 309 lnvoice ,Date Type Cheque Cheque Amount Number OOI51O HARTMAN ELECTRONICS & 30436 PORTABLERADIOS OOO427 HYDRO ONE NETWORKS INC 2008.08.19 6.3 9050 4p153993-93004 4pr73394-8'1003 36657 37679 37680 39356 39357 39358 41018 57748 000564 LYNDA MILI.ARD F200$023 OOO572 MANULIFEFINANCIAL 100594574 100594802 MUNICIPALITY OF BAYHAM Accounts Payable Royal Bank Cheque Register - 0412312009 0410912009 I Cheque Amount - 0412312009 1:00PM 4,824.31 006355 4,824.31 ô4.96 006356 73.30 006356 138.26 2,759.84 006357 2,759.U 874.65 006358 874.65 158.'t4 158.14 't,181.25 006360 1,181.25 787.29 006361 626.42 006361 927.63 006361 516.63 006361 9'12.08 006361 279.05 006361 1,206.77 006361 120.78 006361 5,376.65 17.75 006362 17.75 6,596.14 006363 2,809.25 006363 9,405.39 467.48 0063il UTILITIES - PUMP#4 UTILITIES - PUMP#3 REG GAS DIESEL DYED ULSD REG GAS DIESEL DYED ULSD ULS DIESEL REG GAS REG GAS PAIL LUBE PUMP LUNCH EXPENSE MAY'09 REMIT MAY'09 REMIT 04t09t2009 0410912009 Cheque Amount - 001512 JOSEPHINE KOZAKIEVICZ reimburse credit CREDIT ON TAX ACCT 04t16t2009 I Cheque Amount - OOO5I3 KOOLEN ELECTRIC 14481 RELOCATE SWITCH 04t14t2009 r Cheque Amount - OOO518 KWK KOPY PRINTING 24195 BUSINESS CARDS ED B, / M TAYL( O4I22I2OO9 I Cheque Amount - OOO542 LIFE SUPPORT SERVICES 09-024 CPR RECERTIFICATION OOO235 LIPPERT & WRIGHT FUELS LTD. 0410712009 I 006359 Cheque Amount - o310412009 03/13/2009 0311312009 03t20t2009 03t20t2009 03t20t2009 03/30/2009 o3t10t2009 Cheque Amount - 04t23t2009 I Cheque Amount - 04/09/2009 04t09t2009 001483 PARTSMASTERCANADA Cheque Amount - 5OO3O3I7 AEROSOLS, STARTERKIT 0313112009 I Page Cheque Register being Cheques #6311 to Cheque #6412 inclusiv... Page 231 of 309 lnvoice Payee Number lnvoice Date Type Cheque Cheque Amount Number 2008.08.19 6.3 9050 MUNICIPALITY OF BAYHAM Accounts Payable Royal Bank Cheque Register - 0412312009 0412312009 1:00PM Cheque Amount - 467.48 OOOTIO PORT BURWELL HOME HARDWARE 6668 C|-AMPS, ADAPTER O3t0412009 I 5.84 006365 6669 ELBOWS, BUSH|NG, COUPL|NG O3t04t2009 I 17.54 006365 6681 SPRAY BOTTLE, CLOTH, WHEEL 03/09/2009 I 18.03 006365 6692 BROOM HANDLE, POLE 03/13/2009 I 19.19 006365 6693 BATTERTES 03/13/2009 I 7.31 006365 6696 FOAM, ADHESTVE 03/13/2009 I 20.65 006365 6709 MARKERS 03t21t2009 I 11.71 006365 6718 GARBAGE BAGS 03t31t2009 I 40.67 006365 710 DETERGENT, PESTTCTDES 03125t2009 I 21.09 006365 Cheque Amount - 162.03 OOO727 PUROLATOR COURIER LTD 404764914 COURTER SERVÍCE 04t03t2009 I 75.98 006366 Cheque Amount - 75.98 OOO733 R& R REFRIGERATION 2788 CHECK COOLER 04t06t2009 I 210.00 006367 Cheque Amount - 210.00 OOO742 RBC LIFE INSURANCE COMPANY 21842 þr'09 APRIL'O9 REMIT O4l21l2OOg I 60.94 006368 Cheque Amount - 60.94 OOO743 RBCROYALBANK 4516050000954176ESAGSAO - DVD 03/30/2009 I 33.90 006369 4516050000954176HydrHYDRO ONE - STREETLIGHTS 03/122009 I 2,431-97 006369 45160500009s4176MTOMTO - LTCENCE PLATE 03t24t2009 I 235.25 006369 4516050000954176SymóYMANTEC O3l25l200g I 537.86 006369 OOO744 REALTAXINC 25't80 Cheque Amount - 3,238.98 FTNAL NOTTCES 4-001-03400 04t}7t2009 I 467.25 006370 03/30/2009 I 237.30 006372 03/30/2009 t 237.30 006372 03/30/2009 I 237.30 006372 03/31/2009 I 237.30 006372 Cheque Amount - 467.25 OOO745 RECEIVER GENERAL FORCANADA application fees APPLICATION FEES O4l2Ol20Og I 525.00 006371 Cheque Amount- 525.00 OOI5O9 ROB GILLIES TRUCK KO8O7 DRILL & SPRAY KO8O8 DRILL&SPRAY KO8O9 DRILL&SPRAY KO81O DRILL&SPRAY Page 4 Cheque Register being Cheques #6311 to Cheque #6412 inclusiv... Page 232 of 309 2008.08.19 6.3 9050 MUNICIPALITY OF BAYHAM Accounts Payable Royal Bank Cheque Register - 0412312009 lnvoice Payee Number lnvoice Cheque Cheque Date Type Amount Number K08l 1 DRILL & SPRAY 0313112009 I 237.30 006372 Cheque Amount- 1,186.50 OOO77O RODGER MARTIN sale ofdog tags TAGS 0801-0995 OOO789 SAFEDESIGN APPAREL LTD 0412112009 I 2,200.00 006373 Cheque Amount - 2,200.00 227246 COATS. PANTS 0411412009 I 3,488.82 006374 Cheque Amount - 3,488.82 OOO829 SPECTRUM COMMUNICATIONS LTD 0000005782 ANSWERING SERVTCE O4rt512009 I 84.70 006375 Cheque Amount - 84.70 OO1482 SUN MEDIA CORPORATION x11213512 ZONTNG BY-|-AW- NU FARMS 04t01t2009 I 243.05 006376 x11213513 ZONTNG BY-|áW- SCHWARTZ 04t01t2009 I 242.00 006376 x11214454 SALE OF SURPLUS EQUtp 04t08t2009 I 153.09 006376 ChequeAmount- 638.14 OOí4,I8 TELUS 016242498007 CELL PHONE - B KNTFTON cø.t}5t2009 I 34.89 006377 Cheque Amount -34.89 OOO935 UNION GAS LIMITED Apr273-210619È9754 UITILITIES - E.C.C. Nr273-2106243-0725 UTILITIES - PUMP#I Cheque Amount - 632.04 000966 WEBER'S WELDING & MFG 13325 FLATBARS, SHAFT 04t15t2009 I 80.80 006379 Cheque Amount - 80.80 Cheque Run Total - 159,609.98 0412312009 1:00PM 04116t2009 I 613.77 006378 04113t2009 I 18.27 006378 Page 5 Cheque Register being Cheques #6311 to Cheque #6412 inclusiv... Page 233 of 309 2008.08.19 6.3 9050 MUNICIPALIWOF BAYHAM General Ledger Posting Summary Trace: 008816 04123/2009 4:12PM Accounts Pavable Voided Cheque 01-0100-1030 2009 04 04/2312009 cDtsT 0l-0100-1950 2009 04 04/2312009 cDtsr Posted By: SANDRA recipient is decease{ recipient is deceased Void Ghq:6239 PETER KOZAKIEVICZ Void Chq:6239 PETER KOZAKIEVICZ Total Debits Total Credits Net Posting 2,759.U -2,759.U 2,759.U -2.769.U 0.00 Page Cheque Register being Cheques #6311 to Cheque #6412 inclusiv... Page 234 of 309 2008.08.r9 6.3 9050 MUNICIPALITY OF BAYHAM Accounts Payable Royal Bank Cheque Register - 0413012009 04/30/2009 9:304M OO15I7 ALLIED MEDICAL 077759 MASKS, NASALATRWAYS 0/.t21t2009 t 412.37 006380 Cheque Amount - 412.37 OOOO6O ANNEX PUB. & PRINTING INC rN3819s ESSENTTALS V|DEO CLrpS DVD c/,t24t2009 r 1,193.85 006381 ChequeAmount- I,193.85 001518 AYLMERFIRE DEPT. 22 MEETING & MEAL Ml22l20A9 I 15.00 006382 Gheque Amount - 15.00 001295 B &B GRAYDON ENTERPRISES reimburse credit 2OOT|OB SUPPLEMENTAL - CREDIT O4l23l2OOg I 1,U9.75 006383 Cheque Amount - 1,8/;9.75 000146 CANADA l-AW BOOK tNC T090169 MUNtCtpAL LEctSt-ATtON Mt15t200S I 239.36 006384 ChequeAmount- 239.36 æ0175 CEDARSIGNS '15159 STEEL Mll7nOOg I 497.49 006385 Cheque Amount - 497.49 OO1O12 CLEARTECH INDUSTRIES INC. 370760 SJC POTASS|UM PERSULFATE O4tI7t2ltr,g t 124.67 bOOeeO Cheque Amount - 124.67 OOOIOO CORPORATE EXPRESS 22473952 F|LE FOLDERS O4t23t2009 I 157.06 006387 Cheque Amount - 157.06 OOO25O DEL-BAC SALES LIMITED 198922 GARBAGE BAGS, CUPS, STAN Rrv O4lO2r20Og I 365.62 00638{l ChequeAmount- 365.62 000263 DINGLE LINE EQUIPMENT SUPPLY 804 DOZER TRACK, YARD HYDRANTS O4t20t2009 I 1,771.00 006389 Cheque Amount - 1,771.00 000001 DPoc o24 POSTAGE 04t29t2009 I 1,0s0.00 006390 Cheque Amount - 1,050.00 OOO282 EDBRADFIELD reimburse purchase WORKBOOTS OOO334 FASTENALCANADA 04t29t2009 I 135.59 006391 Cheque Amount -135.59 Page 1 Cheque Register being Cheques #6311 to Cheque #6412 inclusiv... Page 235 of 309 2008.08.19 6.3 9050 oNTrs25s8l PAINT, EAR PLUGS 000367 GENERALCHEMICAL 90225467 ALUM SULFATE OOO427 HYDRO ONE NETWORKS INC MUNICIPALITY OF BAYHAM Accounts Payable Royal Bank Cheque Register - 0413012009 0413012009 9:30AM o4l16l?009 84.99 006392 Cheque Amount -84.99 0411712009 I 575.66 006393 Cheque Amount - Ap¿539047266 4pr2539G55002 4pr50221{5009 Apr6239è22001 4p162790{7266 4pr81590{7297 4p187790{7295 000¡f46 JACKIE BOOTLE Aprl5/09Mayl5/09 AprilE1237&01 ApdlE1421241 AprilE2238G01 ApnlE2420041 April E4540741 April E45409-01 April E454'10-01 UTILITIES. MENNA STL UTILITIES - PB STL HVUI19 UTILITIES - TREATMENT PI.ANT UTILITIES. STRAF STL UTILITIES - RCHMD STL UTILITIES - EDEN STL UTILITIES - CORINTH STL UTILITIES - FIREHALL UTILITIES. MED BLDG UTILITIES - PUMP#s uTtLtTtEs - s.c.c. UTILITIES. OFFICE UTILITIES - PUMP#2 UTILITIES - LIBRARY 04117t2009 041't7t2009 0/.12012009 0411712æ9 0411712009 0411712009 0ø.|17t2009 575.66 547.32 006394 1,617.58 006394 5,553.28 006394 1,014.96 006394 181.10 006394 487.46 006394 178.69 006394 Cheque Amount- MANAGER FEES & LD CALLS 04f29t2009 I Cheque Amount - OOO54O LAERDAL MEDICALCANADALTD. 81131126 DATACARD W/CARD TRAY 0/.113t2009 I Cheque Amount - 000610 MINISTER OF FINANCE 71't9 NEW PROGRAM REGISTRATION O4l20l2009 I Cheque Amount - 000614 MOBIL STRIPING & SVVEEPING LTD 27470 POWER SWEEPTNG O4t1s2009 27535 POWER SWEEPING. GREEN LINE O4l21l2009 Cheque Amount - 000619 MUNICIPAL HEALTH & SAFETY 2009272 COURSE - F|RE SECTOR SpECtFt( 03t31t2009 I Cheque Amount - 000633 NATURAL RESOURCE GAS LIMITED 794.48 121.48 9,580.39 794.48 006395 006396 006397 006398 006398 006399 121.48 585.00 585.00 11,635.31 211.31 11,U6.62 1,023.75 04t17t2009 0411712009 0/,t17t2009 0411712009 04117t2009 04117t2009 04t17t2009 1,023.75 620.98 006400 185.31 006400 14.47 006400 520.99 006400 281.98 006400 15.29 00900 60.77 006400 Page Cheque Register being Cheques #6311 to Cheque #6412 inclusiv... Page 236 of 309 2008.08.19 6.3 90s0 MUNICIPALITY OF BAYHAM Accounts Payable Royal Bank Cheque Register - 0413012009 04/30/2009 9:304M April E51600-01 UTILITIES - GARAGE 0411712009 I 875.89 00ô400 F19290{l April UTILITIES - EDISON MUSEUM 0412012ñ9 I 154.50 006400 F20600-01 April UTILITIES - V.C.C. 0412012009 I 39.10 006400 F26864-01 April UTILITIES - PUMP#6 0/.12Û12009 I 13.64 00erc0 G0621041 April UTILITIES - PB LIBRARY 0412012009 I 97.53 006400 G06305{1 April UTILITIES - PB MUSEUM C/,l20l2æ9 I 291.17 006400 G06307-01 April UTILITIES - PB FIREHALL 04l20l2ùOg I 4!û.22 006400 G15700-01 April UTILITIES - PB OPP 0412012009 I 12.08 006400 G4040741 April UTILITIES - PB GARAGE O4nU2@9 I 154.50 006,100 Cheque Amount- 3,W4.42 001480 NEwRo SALES (2004) LTD 64859 REPA|RTO ABS pUMp 0É't15t2009 I 1,249.13 006401 Cheque Amount - 1,249.13 000694 PAULGROENEVELD purcfrase - supplies MULTI CARD READER OOO727 PUROLATOR COURIER LTD 404821883 COURTER SERVTCE 404880994 COURTER SERVTCE e/.12712009 I 22.33 00ô402 Cheque Amount - 22.33 04t09t2009 I 279-45 006403 0411712@9 I 62.51 006403 Cheque Amount - 34'1.96 001487 RTCKWETSLER vaccinations HEP B VACCINATIONS O4l29l2OOg I 155.43 00ô404 Cheque Amount - 155.43 OOO77O RODGER MARTIN #3 Mar'09 MARCH'O9 K-9 CONTROL 0313112009 I 1,207.50 006405 Cheque Amount - 1,207.50 001516 ROYANDERSON reimburse credit 2008 SUPPLEMENTAL - CREDIT O4l23l2æ9 I 135.69 006406 ChequeAmount- 135.69 OOO797 SANDYTOWN DE\ÆLOPMENTS tax credit 2008 SUPPLEMENTAL - CREDIT O4l24l2OOg I 824.96 006407 Cheque Amount - 824.96 OO.1OO2 TILLSONBURG FIRE & SAFETY EQUIPMENT 11509 EMERGENCY LTGHT PAK O4t14t2009 I 157.02 006408 Cheque Amount - 157.02 OOO932 UNDERHILL FARM SUPPLYLTD 203361 COUPLERS, CLAMPS 04t20t2009 I 22.76 006409 Gheque Amount - 22.76 Page 3 Cheque Register being Cheques #6311 to Cheque #6412 inclusiv... Page 237 of 309 2008.08.19 6.3 9050 MUNICIPALITY OF BAYHAM 04130/2009 9:3OAM Accounts Payable Royal Bank Gheque Register- O4lSOl2OOg 001216 WATSON & ASSOCTATES 15078 PSAB&ASSETMANAGEMENT A/28t2009 | 4,670.,t0 006410 15223 PSAB &ASSET MAMGEMENT 03/31/2009 J 2,323.39 006410 Cheque Amount - 6,993.79 000966 WEBER'S WELDING & MFG 13u1 FIáTBARS, SQUARE BAR 0/.t23t20Æ,9 I 370.78 006411 Cheque Arnount - 370.78 Cheque Run Total - 47,739.90 Page 4 Cheque Register being Cheques #6311 to Cheque #6412 inclusiv... Page 238 of 309 2008.08.19 6.3 9050 OO15I9 DAVIDMARTENS refund deposit MUNICIPALITYOF BAYHAM Accounts Payable Royal Bank Cheque Register - O4l30l2OOg REFUND GRADING DEPOSIT 0/.13012009 I ChequeAmount- Cheque Run Total - O4lSOl2OOg l0:174M 0fIj4.12 500.00 Page Cheque Register being Cheques #6311 to Cheque #6412 inclusiv... Page 239 of 309 SORW }IUNICIPALITY OF BAYHAI{ TOT PACKETS - 2 ADP CANADAPAYROLL TECHNOLOGIESDAILY UPDATE REPORTCOI{PANY TOTALS ADJUST. CR CURRENT TOTAL 8,596.54 L ,732.L4 4,355. I 0 939.29 L5,623.07 34,044.31 50.00 34,094.3r 49,7L7 .38 107.60 5.5E 49 ,850 .36 ANALYSIS OF SERVICE CHARGES RUN: APR 2L 2009 N0: APAGE: I129GST REG: 100057415 RT0004C0ilPANY PAGE¡ 5 DEBIT DATE3 ^PR 22, 2OO9 DATE 0F PAY: APR 24, 2OO9 YTD TOÎAL 79 ,304.86 FEDL TAX NR TAX PROV TAX L5,748.20 Er CONT QPIP 39,59I.E8 CAN PEN QC PEN QC HSF 8,531 .75 0N EHT I{B HET NL HAPSET t43,L76.69 T0T STATS CHEQUES 3LO,404.42 DEPOSTTS US DEPS 45O. OO DED DEPS 31O,844.42 TOT NPAY RRSP RTI 454,031.11 TOT PAYRoL L,394.92 SERV CHRG 69.75 GST PST 455,494.74 GRAND TOT UNITS I CHARGE 41t.00 FEDL TAX NR TAX PROV TAX EI CONT QPIP CAN PEN QC PEN QC HSF ON EHT lIB I{ET NL I.IAPSET TOT STATS cl{EQuEs DEPOS ITS US DEPS DED DEPS TOT NPAY RRSP RTI TOT PAYROL SERV CHRG GST PST GRAND TOT CURRENT E,596.54 L,732.L4 4,355.10 939.29 L5 ,623 .07 34,044.3L 50.00 34,094.3r 49,717 .38 107.60 5. s8 49,830 .36 ADJUST-DR YTD ADJTJST I TEI{ PAYROLL RUNS ITEI{ UNITS CHARGE SALARIED I{ORKPAYS 2L II.92 PAY ADVICE FOLD 50 6.00 TOTAL S,/C SUBJECT TO GST IS: TOTAL PAYROLL DEBIT IS ITEI{ HOURLY I{ORKPAYS COURlER FEE 107.60 UNTTS 9 I CHARGE 15.68 t0.00 49,850.36 DEBIT INFORI{ATIoN: 005 05102 l0ll925 Cheque Register being Cheques #6311 to Cheque #6412 inclusiv... Page 240 of 309 I CORPORATION OF THE MTTNICIPALITY OF BAYTIAM STAFF REPORT TO: Mayor & Members of Council FROM: Suzanna Dieleman Mantel, CGA, SUBJECT: Tax Rates DATE: April29,2009 FILE: F 05-09 NUMBER: F2009-26 Discussion Further to council's approval ofthe 2009 budget, a by-law is required to set the actual tax rates for the fiscal year. Total tax rates decreased by 1.83%. The average reassessment increase for 2009 is 4.3%;o. Combined with the tax rate decrease, an average residential property will see an increase of 2.39%o. Individual changes in assessment will vary from property to property and will affect the level ofchange in property taxes. Recommendations: THAT by-law 2009-063, being a by-law to establish a levy for the year 2009, to adopt tax rates, provide for penalty and interest in default of payment and the collection thereot be presented to council for enactment. Respectfu lly submitted,Reviewed by, Suzanna Dieleman Mantel, Treasurer Staff Report F2009-26 regarding Tax Rates. File: F05-09 Page 241 of 309 TT{E CORPORATION OF TIIE MUI\ICIPALITY OF BAYIIAM BY-LAW NO.2009-063 BEING Ä BY-LAW TO ESTABLISH A LEYY FOR TIIE YEAR 2OO9' TO ADOPT TAX RATES, PROVil)E FOR PDNALTY A¡tn INTEREST IN DEFAULT OF PAYMENT AI\D TIIE COLLECTION TIIEREOX" \YIIEREAS the Munícipal Act, 2001, S.O.2001, c.25 as amended provides that the Council of a local municipality pass a by-law to levy a separate tax rate on the assessment in each property class, and; ÌVHEREAS the Municipal Act, 2001, S.O.2001, c.25 require tax rates to be established in the same proportion to tax ratios, and; \ilIIEREAS cærtain regulations require reductions in certain tax rates for cefain classes or subclasses of propefy, and; WHEREAS it is necessary and expedient to levy on the whole rateable proPerty according to the las revised assessment roll of the Municipality the srun of 52,702,556 for the purposes of the lower-tier municipality for the current year, NOW TIIEREFORE THE COT]NCIL OF TIIE CORPORATION OF THE MUMCIPALITY OX' BAYHAM I{EREBY ENACTS AS F'OLLOWS: 1. TIIAT for the purpose ofproviding for the Corporation's general Puq)oses, the tax rates set out in Schedule sA' be hereby adopted and levied for the year 2009 upon the whole of the said assessment of ltre Municipality according to the last revised assessment ¡oll. 2. THAT for the purpose of providing for the County of Elgin general levy, the tax rates set out in County of Elgin ny-faw OS-t¡ b€ hereby levied for the year 2009 upon the whole of the said assessment ofthe Municipality according to the last revised assessment roll. 3. TIIAT in additiorl for the purpos€s of providing for the public and separate school education putposes, the tax rates set out by the Ministsr of Finance under Regulation 98/06,as revised, of the Education Act be hereby levied for the year 2009 upon the respective portions of the said ass€ssment of the School supporters of the said Municipality according to the last revised assessment roll. 4. TIIÄ,T all tores and other special rates shall be paid in the office of the Tax Collector or Treasurer of the Municipalþ of Bayham. 5. TIIAT taxes for all properties shall become due and payable one-half on or before August 28' 2009 and one-halfon or before November 20, 2009, and non-payment ofthe amount as noted, on the dates stated in accorda¡rce withthis section shall constitute default- 6. TIIAT on all tæres, which a¡e in default on the lst day following t}le above noted due dates, a penalty of 1.25% shall be added and thereafter a penalty of l.25Yo per month will b€ added on the ìo day of eacn and every month the default continues, until December 311 2009. 7. TIIÄT on all ta,xes in default on January 1't, 2010, interest shall be added at the rate of 1.25% per month for each month or fraction thereof in which the default continues. 8. TIIAT penalties and interest added in default shall become due and payable and shall be collected as if the same had originally been imposed and formed part of such unpaid tax levy. g. TIIAT the Collector shall cause the same to be mailed to the residence or place of business of such person indicated on the last revised assessment roll, a written or printed notice specifying that amount oftaxes payable. Staff Report F2009-26 regarding Tax Rates. File: F05-09 Page 242 of 309 ByJaw 2ü)F0{Í1 '2- 10. TIIAT all byJaws inconsistent with the provisions of this by-law are hereþ repealed. READ À FIRST, SECOND AT\D THIRD TIME A¡TD FINALLY PASSED TIIIS TTTI DAY oFlt{aY2009. MÄYOR CLERK Staff Report F2009-26 regarding Tax Rates. File: F05-09 Page 243 of 309 ByJaw 2fi)9-063 -3- CORPORATION OF TIIE MT]NICIPALITY OX' BAYIIAM BY-LAWNO.2009-M3 Schedul-e A Pro¡rert¡' Class Residential/îarm Farmland Awaiting Development Multi-Residential Commercial OceuPied Commercial Vacant Units Commercial Vacant Land Industrial Occupied fndustrial Vacant Units fndustrial Vacant Land Pipelines Farmlands Managed Forests 2009 lax Rate 0 .6417]-32 0.320857å 1_. 5053318 1. 0508708 0.7356098 0.735609â L.4278'7'tÈ 0.9281202 o.92BL20Z 0.7345053 0.L60428+ 0.L604282 Staff Report F2009-26 regarding Tax Rates. File: F05-09 Page 244 of 309 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM STAFF REPORT TO: Mayor & Members of Council DATE: Aptil2I,2009 FROM: Suzanna Dieleman Mantel, Treasurer FILE: i SUBJECT: IT Support Services 2009 NUMBERtF2009-25 PurDose This report is to recommend approval in principal for an agreement to provide IT support services for 2009. Background The Municipality of Bayham approved a by-law, with several arcamunicipalities, for a shared service agreement for IT support in late 2007. This shared service agreement has worked well in providing the municipality the support it requires for IT services. Discussion A new agreement for 2009 has been drafted to reflect changes in time requirements for the various municipalities and agencies included in the agreement. Staff support the proposed by-law and time allotted within the agreement. Attachments: l. IT Support Agreement Recommendation THAT by-law 2009-061being a by-law to authorize the execution of an agreement with Elgin County area municipalities and agencies for the sharing of information technology support services be presented for enactment. Respectfully submitted,Reviewed by, Suzanna Dieleman Mantel, Treasurer Staff Report F2009-25 regarding IT Support Services 2009. F... Page 245 of 309 THE CORPORATION OF THE MI'IVCIPALITY OF BAYHAM BY-LAW2009-61 A BY-LAW TO AUTHORIZI"THE EXECUTION OT'AII AGREEMENT WITH ELGIN COUNTY AREA MTJMCIPALITIES AIID AGENCIES FOR TIIE SHÄRING OF INFORMATION TECIINOLOGY SI]PPORT SERVICES WIIEREAS Corporation of the Township of Malahide proposes to retain staff for information technology support services and to contract with area municipalities and agencies to provide such services; .A.ND WHEREAS certain area municipalities and agencies of the Elgin County a¡ea wish to participate in this co-operative approach to meeting information technology support needs of their respective organizations; AND \ryHEREAS the Council of the corporation of the Municipality of Bayham deems it necessary and expedient to execute an agreement with the Township and Malahide and other parties for the provision ofIT supPort services. NOW TIIEREF'ORE THE CORPORATION OF' TIIE MI]NICIPALITY OF BAYIIAM ITEREBY ENACTS AS X'OLLOWS: 1. TIIÁ,T the Mayor and Clerk be and are hereby authorized to execute the Agreement attached hereto as Schedule "A" and forming part of this byJaw between The corporation of the Township of Malahide, The corporation of the Municipality of Bayham, The Corporation of the Municipality of Central Elgin, The Corporation of the Municipatity of West Elgin, The Corporation of the Municipality of Dutton-Dunwich, The Corporation of the Township of Southwold, and The Elgin St. Thomas Health Unit for the provision of Information Technology Support Sevices. 2. AND THAT this byJaw shall come into full force and effectupon final passing. READ A X'IRST, SECOND AND THIRD TIME AND FINALLY PASSED TIIIS 6TH DAY ox'MAY 2009. MAYOR CLERK Staff Report F2009-25 regarding IT Support Services 2009. F... Page 246 of 309 AGREEMENT FOR THE SHARING OF IT SUPPORT THIS AGREEMENT made this day of May,2008. BETIù/EEN: The Elgin St. Thomas Health Unit (Hereinafter referred to as "Health Unif') ofthe First Part AND: The Corporation of the Municipality of Central Elgin (Hereinafter referred to as "Central Elgin") ofthe Second Part AND: The Corporation of the Municipality of West Elgin. (Hereinafter referred to as "'West Elgin') of the Third Pa¡t AND: The Corporation of the Municipality of Dutton/I)unwich (Hereinafter referred to as sDutton/I)unwich') of the Fourth Part AND: The Corporation of the Municipality of Bayham (Hereinafter refemed to as "Bayham") of the Fifth Pa¡t AND: The Corporation of the Township of Southwold (Hereinafter referred to as "Southwold") of the Sixth Part AND: The Corporation of the Township of Malahide (Hereinafter referred to as "Malahide') ofthe Seventh Part Staff Report F2009-25 regarding IT Support Services 2009. F... Page 247 of 309 \üIIEREAS pr¡rsuant to the provisions of the Municipal Act, 2001, S' O. 2001, c.25, s. 20 (l) as amended, the parties have enacted By-laws to authorize an agreement between the parties; AND ÌVHEREAS the above parties with to exercise a co-operative approach to the respective needs for IT Support; AND WHEREAS it is deemed expedient to share services between the municipalities to ensure adequate IT Support is available in each community; NO\ry THEREFORE the parties hereto mutually agree as follows: Specialist, Malahide has including H&S training, Township employees, e actions of the emPloYee, as with all employees is insured through the Township's Insurance with Frank Cowan Company (2) Each member agrees to purchasing the following hours annually, effective January 1,2009 (lravel time is not a billable cost) : Elgin St. Thomas Health Unit - 588 hours (49 weeks @ 12 hours) Municipality of Central Elgin - 196 hours (49 weeks @ 4 hours) Municipality of West Elgin - 48 hours (12 days @ 4 hours) Municipality of Dunwich/Dutton - 48 hours (12 days @ 4 hours) Municipality of Bayham - 48 hours (12 days @ 4 hours) Township of Southwold - 48 hours (12 days @ 4 hours) Township of Malahide - 576 hours (12 months @ 48 hours) (3) 2009 Rates Hourly rate: $52.50 Overtime hourly rate: $62.00 The following mileage charges will apply: Municipality of West Elgin - S.50/km tolfrom St. Thomas Municipality of Dunwich/Dutton - $.50/km to/from St. Thomas Municipality of Bayham - $.50/km tolfrom Aylmer Township of Southwold - $.50/km to/f¡om St. Thomas Mileage charges will also be charged when the IT Support Specialist is requested to pick up purchases on the Member's behalf at a rate of $.50/km The Township of Malahide will invoice each Member a monthly flat rate estimated charge of l/12ú for the periods January to November. The December invoice will reflect the reconciliation for actual annual hours used. (4) All members agree that the IT Support Specialist will generally commit to a predetermined time period, such as all day ìVednesday for 50 weeks ofthe year. However, all members recognize that trnforeseen circumstances may require the pre-determined time to be shifted. (5) Those members who require the IT Support Specialist to work beyond normal work hours of 8:00 am to 4:30 pm will be charged at the Overtime hourly rate. (6) Ifthe incumbent IT Support Specialist quits, or is unavailable for long periods of time (such as illness) the Township will not be responsible to provide a replacement IT Support Specialist Support scope Staff Report F2009-25 regarding IT Support Services 2009. F... Page 248 of 309 (8) Any performance issues should be brought to the attention ofthe Treasurer of the Township of Malahide. (9) The IT Support Specialist will provide each member with a written description ofthe work for each visit. (10) This agreement is for the year 2009, and members must provide notice by òciober 31 2009 of their intent to withdraw/change this agreement for the year 2010. IN MTNESS WHEREOF the parties have duly executed this agreement by their proper authorized officers in that behalf and affixed their Corporate Seals. The Elgin St Thomas Health Unit The Corporation of the Municipality of Cenfral Elgin The Corporation of the Municipality of West Elgin. The Corporation of the Municipality of Duffon/Dunwich The Corporation of the Municipality of Bayham Staff Report F2009-25 regarding IT Support Services 2009. F... Page 249 of 309 The Corporation of the Township of Southwold The Corporation of the Township of Malahide Staff Report F2009-25 regarding IT Support Services 2009. F... Page 250 of 309 CORPORATION OF THE MUNICIPALITY OF BAYHAM TO: FROM: STAFF REPORT Mayor & Members of Council V/aterlWastewater Superintendent DATE: April30,2009 FILE: BCF #1 NUMBER: E2009-06SUBJECT: Build Canada Fund Water Works Project Purpose This report is to bring forward pricing of materials for the Build CanadaFund waterworks project. Background A number of waterworks suppliers through the manufacturers have provided quotes to supply the material for the said project. The material consists of stainless steel service saddles, brass main and curb stops, epoxy coated steel couplers, service and main boxes, main valves and fire hydrants. All materials must meet both Provincial and American Waterworks Standards. The said material comes with a full five-year manufacturer's warranty and has ¿ JQ+-year life expectancy once in the ground. Staff Comments The lowest quotes were received from Evans Utility and Sandale Water Vy'orks, who have been supplying municipalities with water works materials for many years. Evans through Ford Meter Box supplies stainless steel and brass products. Sandale supplies main valves and fire hydrants through Clow Canada. Both company's products provide the said warranty and conform to the above standards. The municipality has worked with both manufactures over the last 15 yrs. and has found their products and service to be excellent. All products are U.S.A and Canadian made containing no offshore steel or brass. Evans total price to supply stainless steel saddles, brass main and curb stops, service boxes, epoxy coated steel couplers, and pipe restrainers is 5204,692.17. Sandals total price to supply main valve boxes, main water valves, valve extensions and fire hydrants is5257,623.39. By purchasing direct for this project the municipality will save upwards to 30% compared to contractor pricing. Recommendation That Staff Report E-2009 - 06 be received for information and that staff be authorized to purchase water u'orks material for the Build Canada Fund V/ater Works Project from Evans Utility totaling 5204,692.17 and from Sandale Water Works totaling $257,623.39. Respectfully submitted, Ed Roloson Water/Wastewater Superintendent Staff Report E2009-06 regarding Build Canada Fund Water Work... Page 251 of 309 Page 252 of 309 CORPORATION OF THE MT'NICIPALITY OF'BAYHAM STAFF REPORT TO: Mayor & Members of Council FROM: Suzanna Dieleman Mantel, Treasurer SUBJECT: Municipal Ofhce DATE: April9,2009 F'ILE: F05.09 NUMBER: F2009-22 Purpose: To recommend repair work required to the exterior of the municipal office. Background: The brickwork on the municipal office is beginning to shale and deteriorate. A review of the roof was undertaken and it was determined that there are no issues with the roof that may be contributing to the deterioration of the brickwork. As such, written estimates were requested from various contractors. Two estimates were received for council's consideration. Discussion: Both contractors acknowledged that the windows require work as well. The first contractor, John Guenther, provided an estimate for the brickwork and simply resealing the windows. This estimate amounts to $8,500.00. The second contractor, Patrick Meulemeester, included a separate estimate from a subcontractor to replace all the windows in the front offrce. The estimate to complete the brickwork is valued at $8,681.00. The replacement of all seven windows is estimated at $16,800.00 (approximately $2,400.00 per window). The 2009 budget includes $8,000 for these building repairs. The lower estimate from John Guenther provides an interim solution to address the old, drafty windows at the same time that the brickwork is replaced. It is recommended that this estimate be accepted. However, staff also recoÍrmend that council begin replacing the older windows at arate of at least one or two per year. Alternatively, council could opt to replace the windows all at once. This would maximize any energy effrciencies. These upgrades should improve heating and air conditioning costs for the municipal offrce. Staff Report F2009-22 regarding Municipal Office. File: F0... Page 253 of 309 -2- Strategic Plan Goal: GoaI#2 - Ensure reliable, well-maintained and secure infrastructure. Recommendation: THAT the estimate from John Guenther be accepted; AND THAT replacement of the windows be referred to the 2010 budget deliberations. Respectfully submitted,Reviewed by, Suzanna Dieleman Mantel, Treasurer Staff Report F2009-22 regarding Municipal Office. File: F0... Page 254 of 309 CORPORATION OF THE MUNICIPALITY OF BAYTIAM STAFF REPORT TO: Mayor & Members of Council DATE: Illlay 4,2009 FROM: Suzanna Dieleman Mantel, CGA FILE: BCF #1 SUBJECT: Proiect Management NUMBERIE2009-07 Purpose To obtain council approval for project management - request for proposal submissions. Background Prior to issuing a tender call for the construction work required for the water renewal infrastructure project, staff determined that a project manager would be helpful in orchestrating the entire project and provide much needed oversight assistance. The scope of the project is extensive and the assistance of a project manager would be beneficial. Discussion Requests for proposal were issued by invitation to four companies. Two proposals were received in response. Both engineering firms provided hourly rates and an upset limit for the entire project. The lowest rates and lowest upset limit were provided by Cyril J Demeyere Limited. The upset limit is set at lYo of the total project value or $20,000 not including GST. The second proponent was Spriet Associates and the upset limit provided was 527,400, not including GST. Strategic Plan Goal: Goal #1 - Practice responsible financial management. Goal#2 - Ensure reliable, well-maintained and secure infrastructure. Staff Report E2009-07 regarding Project Management File: B... Page 255 of 309 2 Recommendations: TIIAT the proposal submitted by Cyril J Demeyere Limited be accepted; Al[D THAT staffbe directed to negotiate the final contract with Cyril J Demeyere Limited based on the proposal and to draft the necessary byJaws for council's consideration. Respectfully submitted,Reviewed by, Suzanna Dieleman Mantel, Treasurer Staff Report E2009-07 regarding Project Management File: B... Page 256 of 309 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM STAFF REPORT TO: Mayor & Members of Council FROM: Lynda Millard, Clerk SUBJECT: Survey Map Restoration DATE: April24,2009 FILE: Fl8 / R01 NUMBERI C2009-007 Purpose To provide Council with a recommendation for conservation measures for Scarborough's Survey of Middlesex and Elgin Counties dated 1910. Background Quite some time ago a survey map of Middlesex and Elgin Counties was brought to the office by Vane Chute, former Township Reeve, with the offer to donate it. The map was identified from printing on it as follows: "Scarborough's Survey of Middlesex and Elgin Counties, Ontario Compiled from the Standard Topographical work of James A. White, Chief Cartographer of the Dominion of Canada and revised from the Militia & Defence Survey under Capt. W. B. Anderson, Director. 1910". The map appeared to be in poor condition. The top dowling was unattached, the paper at the top was torn, with small pieces missing and the edges were taped and brittle. An attempt to unroll it revealed a rip starting from the top running down through the middle. A Conservator was consulted who provided a brief assessment of the map. He suggested that attempts be made to determine how common the map is. It was suggested at the time that repairs would cost about $1,000. The map has been stored at the office for a number of years since then. Staff Comments Recently, staff was able to make contact with local archivists and found that the Archives at the University of Western Ontario had the same map in similar condition and suggested that repairs would now cost approximately $250 more. Arrangements were made with Mary Gladwin, County of Oxford Archivist, to assess the survey map on Apnl22"d. She has provided a detailed repair and conservation report with an estimate of $600 to complete the work. Mary provided pictures of map restorations she has done and I am confident her experience and devotion to preserving and conserving local history will ensure excellent results that we can be proud of. Staff Report C2009-007 regarding Survey Map Restoration. Fi... Page 257 of 309 Suggested Recommendation: "THAT Staff Report C2009-007 be received; AND THAT Mary Gladwin, Archivist, County of Oxford, be requested to undertake the conselvation measures for the Scarborough's Survey of Middlesex and Elgin Counties as outlined in her report dated April 22r 2009, at a cost of $600 plus tax, at her earliest convenience.tt Strategic Plan Goal # 6 Provide and encourage attractive lifestyle choices Respectfully submitted Reviewed by Attachment: Conservation Report Lynda Millard Staff Report C2009-007 regarding Survey Map Restoration. Fi... Page 258 of 309 REPAIR / CONSERVATION REPORT ITEM UNDER CONSIDERATION FOR REPAIR / CONSERVATION: Map - Scarborough's Survey of Middlesex and Elgin Counties - ca. 1910 - large map with rods supporting top and bottom edges, approximately 99 cm x 103 cm - has index of municipalities - also, churches, schools, post offices, bridges, etc. are coded and marked on the map CONDITION DESCRIPTION: - large format paper map, very dry and brittle - irregular top border where part of the top of the map is attached to a metal support rod, and has torn away from the rest of the map - tears along the remaining top border have curled inward - tape along the top portion of the side edges of the map has lifted - a long 49.5 cmtear runs half way down the centre of the map - several small sections have torn away from the main portion of the map - small tear to the right of the index lists, near the bottom of the map - otherwise the bottom half of the map is in very good condition PROPOSED TREATMENT: . The map should be cleaned and humidified. . The top rod should be opened and the section of map removed so that it can be reattached to the main body of the map. County of Oxford Archives I2 Vine Street, P.O. Box #69, Beachville, Ontario. N1J IA0 www.county. oxford. on. calarchives Bayham Township Box 160, 9344PlankRoad, Straffordville, ON NOJ 1Y0 51 9-866-5521 Contact: lynda Millard, Clerk Staff Report C2009-007 regarding Survey Map Restoration. Fi... Page 259 of 309 Z. . If the acidity level is high, the map should be deacidified. . All required repairs should be made, using different weights and types of Japanese repair tissue. Tears, beginning with the large tear down the centre of the map should be closed; small pieces frt into the conect spaces, and any remaining holes should be filled in. All repairs should be trimmed carefully. . Remove side tapes if possible and replace with repair tissue; otherwise reattach tape on both sides. . It would be advisable to attach alarge strip of 100% cotton across the back surface at the top of the map and have this fabric attached to the metal rod. . Likewise, the bottom rod should be removed and another strip of cotton used to reinforce the bottom of the map and to attach the map to the bottom rod. . Since this map will probably be displayed in the Council Chamber, instead of using two separate strips of cotton, the map could be backed with a large piece of cotton that is long enough to fit into the top and bottom rods. . After removing the cord from the top rod, rod extensions (dowels) should be attached to facilitate exhibiting the map. Hooks could then be used to secure the rod to the wall. . A large piece of mylar that fits over, and around, the map and rods will protect it from fingerprints. Pl-ease l/ote: Aff processes are reversibLe. ESTIMATED COST FOR CONSERVATION OF THIS MAP: $600.00 PLUS G.S.T. oate: 22 April2009 Archivist: Staff Report C2009-007 regarding Survey Map Restoration. Fi... Page 260 of 309 l l'iBrenda Gibbons 'i \¡' .; From: Sent: To: Subject: Lynda Millard Monday, May 04, 2009 9:09 AM Brenda Gibbons FW: proposed ROMA Resolution Brenda Pfease incl-ude this as a request from Mayor Acre as an 9 item for Council discussion Lynda MilJ-ard, CMO üIHEREAS the Rural- Ontario Municipal Associatj-on (ROMA) is on the l-eading edge of themunicipal environment resulting in the need to be innovative and proactive requiring newideas and a fresh outlook; AND WHEREAS the munj-cipal representatives on the ROMA Board ofDirectors are vol-unteers who have limited time to devote to the ever changing issues faci-ng municipalities; AND WHEREAS the four year term of Council provides lj-ttle opportunj-ty for int.erested council- members to run for membership on the ROMA Board ofDirectors due to demands in their home municipality; THEREFORE be it resofved that theterm for members on the ROMA Board of Directors be changed to 2 years commencing with theterm fofl-owing the 2010 municipal efections; AND FURTHER that the Chair and Vice Chairs terms of office be l-imited to two years each; to al-l-ow for new ideas and a fresh outl-ook Proposed ROMA Resolution for discussion. File: A01 Page 261 of 309 Page 262 of 309 3 CORPORATION OF THE MUNICIPALITY OF BAYHAM STAFF MEMORANDT]M TO: Mayor & Members of Council FROM: Kyle Kruger, Administrator SUBJECT: Committee - Vienna Library/Former Town Hall DATE: April30,2009 FILE: ROÀ At its'April 16th meeting, Council received a delegation regarding the Vienna Library/Former Town Hall building. It was suggested following the delegation that some form of Committee be established to work on this building issue. Following the meeting, staff issued a suggestion of a Committee with a maximum 2 members of Council, I staff, and 3 community representatives. Two members of Council responded expressing interest (Councillor Taylor and Mayor Acre). Jan Collins responded on behalf of the delegation advising they have 4 members for the Committee. At this time, Council members may wish to finalize representation on the Committee and establish first meeting dates. For additional information, I would note that the report of the Architectural Conservancy of Ontario "Preservation Works!" program has not been received at this time. Staff Memorandum regarding Committee - Vienna Library / Form... Page 263 of 309 Page 264 of 309 THE CORPORATION OF THE MTTNICIPALITY OF BAYHAM STAFF REPORT TO: Mayor & Members of Council FROM: Lynda Millard, Clerk SUBJECT: Additional Cemetery Care Services DATE: IÙ'{ay 4,2009 FILE: L04 NUMBER: C2009-008 Purpose: To provide Council with a recommendation regarding provision of additional cemetery care services. Background: As Council is aware, grass cutting quotes received this year for our abandoned cemeteries were lower than in previous years. At the Apnl22"d Joint Board meeting members were advised of the potential for cost reductions at their sites. The three lowest bidders were invited to provide individual quotes for the Straffordville, Bayham'West, Smuck, Eden and Guysboro cemeteries. The following are the quotes received: Municipality of Bayham Cemeteries Cemetery Name Property Location Smith & Son Quote per cut per site Ground Effects Aylmer Garden Ctr $ 135 $ 225 $ 180 $ 135 $ 90 $ r20 $ 200 $ 180 $ 120 $ 80 $ 100 $ 160 $ 150 $ 100 $ 40 # I BayhamWest Straffordville Eden Guysboro Smuck 53688 Heritage Line (west of Richmond) 55939 Heritage Line 56897 Eden Line 57682HentzgeLne 55177 Jackson Line Staff Comments: Upon receipt, the quotes were forwarded to the Chairmen/Secretaries, who contacted members to determine whether they wanted to accept the lowest quote for their site. The following Boards have confirmed theywish to accept the quote provided for their cemetery: Bayham West, Smuck and Eden. The Conhactor is aware of proof of $2million liability insurance and IWSIB coverage or equivalent requirements. As with the abandoned cemeteries, no spray was required. Staff Report C2009-008 regarding Additional Cemetery Care Se... Page 265 of 309 By-law 2009-069 is attached to authorize an agreement with Shaun Smith, Smith and Son Grounds Maintenance for these services. It is suggested that the Municipalitypaythe monthly invoice from the contractor and be reimbursed by the individual boards. Sussested Recommendation : "THÁ,T Staff Report C2009-008 be received; TIIAT the price quotes submitted by Smith and Son Grounds Maintenance for cemetery care services be accepted; AND THAT By-Law 2009-069, being a by-law to authorize the execution of an agreement between the Municipality of Bayham and Smith and Son Grounds Maintenance for the provision of additional cemetery care services, be presented to Council for enactment.t' Strategic Plan Goals: Goal # 1 Goal # 3 Goal# 4 GoaI# 7 Respectfully submitted Attach: By-law 2009-069 Practice responsible financial management Create a positive business atmosphere Be dedicated to service excellence Promote excellence in environmental stewardship Reviewed by Lynda Millard Staff Report C2009-008 regarding Additional Cemetery Care Se... Page 266 of 309 TEE CORPORATION OF THE MUNICIPALITY OF BAYHAM Bv-LA\ry NO.2009-069 ABY.LA\il TO AUTIIORIZE THE EXECUTION O¡'AN AGREEMENT BET\ryEEN TEE MUNICIPALITY OF BAYIIAM AND SHAIJN SMITH O/A SMTTH AND SON GROIJNDS MAINTENANCE FORTHE PROYISION OF ADDITIONAL CEMETERY CARE SERVICES \ilHEREAS the Corporation of the Municipality of Bayham is responsible for the cemetery lands sho\ryn on the map attached hereto as "Map #3", hereinafter referred to as the "lands"; AND \ilHEREAS the Council of the Corporation of the Municipality of Bayham is desirous ofentering into an agreement for cemetery ca¡e services on these lands. TIIEREFORE TIIE COIJNCIL OF THE CORPORATION OF TEE MI]NICIPALITY OF'BAYHAM ENACTS AS FOLLOWS: 1. Grounds Maintenance for the provision of cemetery care services. 2. TEAT the respective individual cemetery boards reimburse the Municipality for the costs incuned. 3. AND THAT this by-law shall come into full force and effect upon the date of its enactnent. READ Ä FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS TTHDAY OFMAY 2009. MAYOR CLERK Staff Report C2009-008 regarding Additional Cemetery Care Se... Page 267 of 309 Schedule "A" to B/L 2009-069 THIS AGREEMENT made in niplicate this 7ù day of May 2009' BETWEEN: SHAI,IN SMITH O/A SMITH AND SON GROUNDS MAINTENANCE (hereinafter refened to as the " Contractor") of the First Pa¡t -and- TIIE CORPORÄTION OF'TEE MIJNICIPALITY OF BAYHÄM (hereinaft er refened to as lhe " Munlcípality") of the Second Part \ilHEREAS the Municipality is responsible for the maintefiance, management and confrol of the lands shown on the map attached hereto as "Map #3", hereinafter refened to as the "lands"; AND WHEREAS thc Conhactor wishes to provide c€metery care services for the said lands; hereto agree as follows: The Municipality grants permission to the Conhactor to enter upon municþal lands for the purpose of maintaining the lands. The Conüactor agre€s to provide cemetery ca¡e and maintenance as needed for the lands. The Municipality shall pay to the Conhactor for the following properties' the sum, payable within 30 days of receipt of invoice as follows: Munlclpality of Bayham Cemeterles O Crmctery Namc Proporty Locatlon Quoto p¡r cut pGr tlte lBayhamwcrt f;iflT"tð*ttinc(wætor s 2 Edcn 5689? Edenline $ I l. 3. Staff Report C2009-008 regarding Additional Cemetery Care Se... Page 268 of 309 Schedule "4" to B/L 2009-069 4. ûom , provi to MaY I' 2009 as an additional insured. The Contractor shall provide proof of same to the Municipality. 5. The Conhactor shall fi¡rnish to the Municipality, upon the execution of this Agreement, a Clea¡ance Certificate issued by the Worþlace Safety & Insurance Board which waives its rights under Section 1l(3)' R,S.O. 1990 of the llorlærs' Compewationlc¡ to hold the Municipality liable for any liability of the Conhactor for assessments and levies owing to the'#orþlace Safety & Insurance Board. 6. The Conhactor will observe and adhere to the standards set out in Appendix "4" attache.d hereto. 7. Ttre Contractor shall not impede parking, pedestrian or vehicular traffic to the subject lands. 8. The Municipality shall have access to the site and sunounding area at all times. 9. Ttre Contractor shall not subconhact any or all of this agreement without the prior and expr€ss approval of the Municipality. 10. This Agreement may be terminated at any time by eithø party giving the other party 30 days written notice of termination. IN WITNESS Iü/HEREOF the Conhactor and the Municþality have hereunto set their hands and Corporate Seals this 16h day ofApril 2009. SIGNED AND \ryITNESSED THE CORPORATION OFTEE MUNICIPALITY OF BAYHÁ,M LynnAcre'MAYOR fn the Prerence of LyndaMlllard, CLERK CONTRACTOR Wltncc¡ Staff Report C2009-008 regarding Additional Cemetery Care Se... Page 269 of 309 Schedule "A" to B/L 2009-069 l. l.l 1.2 1.3 1.4 1.5 APPENDD("4" CEMETERY MAINTENANCE SCOPE OFWORK GENERÄL. SERVÍCE Except æ othenyise expressly provided the conbactor shall fumish all necessary labour, materials and equipment to perform the work specified in this contract. The contactor shall be solely responsible for loss or damage of his equipment and for any material delivered to him from \ryhatever source. The contactor shall be responsible for all damages caused during the performance of the work during the term of this conhact, All work performed by the con¡actor shall bo executed to the satisfaction of the municipality. Failure to provide and maintain a standard of service to the Municþality will, at it's discretion, result in hired to do the work with the cost of same deducted contractor. Repeated failure to meet our standards of service and workmanship will result in termination of the conhact. TERMOFCONTRACT This conhact shatl be in force for a period of one year, commencing May I in the year in which it hæ been awarded, and may be rcnewed for an additional two years at the agreement of both the contractor and the Municipality. PAYMENT Invoices shall be submitted to each Cemetery Boa¡d in care of the Municipality on a monthlybasis starting one month from the comm€ncement of work. DESCRIPTION OF'\ryORK L¡wns ¡nd Grassed Areas 3.1.1 Thoroughly rake all grassed areas to remove debris and dead græs early in May. 3.1,2 All debris shall be picked up prior to mowing opøations. Mowing of all turfed areas shall be performed on a¡l "as nee.ded" bæis (including immediately prior to Mother's Da¡ Father's Day and Decoration Day) to ensr¡re grass does not exceed 4" in height. The grass is not to be cut to a height ofless than 2". Reduced or addltlonal cuß src to beperformed at thc requcst ola Boørd mcmber or the Municlpalily, 3.1.3 Municipal grassed areas along public roadways abutting the cemeteries (where possible) are included in this contract. 3.1,4 Trimming of græs adjacent to monuments, markers fences, hees, etc, shall be done immediately after each mowing. 3.1.5 Leaves shall be raked and disposed of when they fall ûom the tees in autumn. 2.1 2.2 3. 3.1 Staff Report C2009-008 regarding Additional Cemetery Care Se... Page 270 of 309 3,2 Schedule "A" to B/L 2009-069 Appendix "A" Pg 2 Prunlnq and Trlmmlns Trees methods, Workmen shall not be permitted to climb live tees with climbing spurs, but they shall employ accepted Eee climbing methods. Timbø, bn¡sh and all other debris resulting from this work shall be entirely removed from the project and disposed of by the contactor at his own expensc on the saÍie day hees are pnrne.d, 3,2,2 Trimming, and removal of dead growth, of all hedges and shn¡bs shall be performed during June (evergreens), in June, July and Sçtember (deciduous) and vines are to be trimmed æ required to pr€sent a neat apPearance. Cemeterry Decoratlon Davs . 3d Sunday in August Smuck. 4ü Sunday in Augrrst Bayham West. I't Sunday in Septembø Eden Map # 3 to be attached Staff Report C2009-008 regarding Additional Cemetery Care Se... Page 271 of 309 t' I I I lllunlclRaliU of Bayham 1 q Kl'lomeile # C"metery Name I Bayham West 2 Eden 3 Smuck Staff Report C2009-008 regarding Additional Cemetery Care Se... Page 272 of 309 THE CORPORATION OF THE MT]NICIPALITY OF BAYHAM BY-LA\V 2009-059 Being a By-law to Regu-late and Control Dogs ÌYHEREAS Section ll,of theMunícípalAct, S.O.2001, c.M.25, as amended, authorizedthe Councils of local municipalities to pass ByJaws to regulate, restrict prohibit and control the keeping of dogs in the Municipality of Bayham, or in any defined a¡ea thereof; authorized the Councils of local municipalities to pass ByJaws for the licensing and regisfration of dogs in the Municipalþ of Bayham, or in any defined area thereof; AI\[D \ilHEREAS Section ll, of ìhe Munícípal Act, S.O. 2001, c.M,25, c. M. 45, as amended, authorizes the Councils of local municipalities to pass ByJaws for prohibiting or regulating the running at large of dogs in the municþality or in any defined area thereof, for seizing and impounding and for killing whether before or after impounding, dogs running at large contrary to the ByJaw and for selling dogs so impounded at such time and in such manner as is provided; AI\[D W FREAS Sections 1,6,12,60, and 6l of the Províncíal Ofences lct, R.S.O. 1990, c. P. 33, as amended, provides that local municipalities can sreate a fine set by the Court for an oflence, and other penalty provisions; AND WIIEREAS Council now deems it necessary to rescind ByJaw #2001-94, as amernded and enact and pass a new ByJaw for this purpose; AND \üHEREAS the Council of The Corporation of the Municipality of Bayham deerns it desirable to pass a By-law to provide for the regulation and conhol of dogs within the Municipality of Bayham, under the provisions of the M¿¡r icipal Act, S.O. I 990. NOW TTTF.REFORE, the Council of The Corporation of the Municþality of Bayham enacts as follows: 1. SHORTTITLE: This By-law may be cited as the "Dog Control ByJaf'. DEFINITIONS: In this By-law, "By-law Enforcement Oflicer" mea¡u¡ an officer or desigrate, who is appointed by Council and whose duties include the enforcem€nt of this By-law. "Corporation" shall mean The Corporation of the Municipality of Bayham. "Council" shall mean the Council of The Corporation of the Municipality of Bayham. "Dog" means any dog male or female, of any age. "Dangerous l)og" means: (a) a dog tha! in the absence ofany mitigating factor, has attacked, bitten, or caused injury to a percoq or has dernonstrated a prope,lrsity, tendency or disposition to do so; (b) a dog that, in the absence ofany mitigating factor, has attacked, bitten, or caused an injury to a domestic animal requiring the services and treatment of a veterinarian; or (c) a dog, previously designated as a potentially dangerous dog that is kept orpermitted to be kept by its owner in violation of the requirements for zuch dog. 2. 2.1 2.2 2.3 2.4 2.5 By-Law 2009-059 A By-Law to Regulate and Contol Dogs Page 273 of 309 Dog Conbol Bylaw Municipality ofBayham 2.6 "l)¡ryslling' s¡ øþç,slling Unit" shall mean one or more habitable rooms occupid or desigred to be occupied by one or more persons as an independent and separate housekeeping establishment in which se,parate kitchen and sanitary facilities are provided for the use of such persons, 2.7 "Enclosure" shall mean an enclosed pen of sufñcient dimension and construction to provide humane shelter for the dog while preventing it from escaping there from and preventing the entry therein of unsupervised children. 2.8 "Ilamlef' shall mean those urban areas designated as hamlets within the Official Plan of the Municipality of Bayham, passed on July 5,2001, as amended from time to time. 2,9 "Keeps" shall mean o\ryns, possesses or harbours. 2.10 "Kennel" shall mean a premises, lot, building, structure or establishment, on or within which four (a) or more dogs, more than four (4) months of age, are housed, groomed, bred, boarded hained, sold or raised, and which may offerprovisions forminor medical Featrnent; and which premises shall require a site specific zoning designation to allow for the use ofa kennel. 2.ll "Licence Agent" means an agent who is appointed by Council and whose duties include the issuance of dog licenses. 2.12 "Mitigating Factor" means a ci¡cumstance which excr¡ses aggressive behaviour of a dog and, without limiting the generality of the foregoing may include circumstances where: (a) the dog was, at the time of the aggressive behaviour, acting in defense to an attack from a person or domestic animal; (b) the dog was, at the time of the aggressive behaviour, acting in defense of its young or to a person or domestic animal hespassing on the property of its ownø, or (c) the dog bite, attack or threat of attack was sustained by a person who, at the time was committing a willful hespass or other tort upon the premises occupied by the owner or keeper ofthe dog;(d) the dog was, at the time of the aggressive behaviour, being physically tormented. 2.13 "Municipality" means the geographical area of The Corporation of the Municipality of Bayham. 2.14 "Muzzle" means a humane fastening or covering device of adequate shength placed over a dog's mouth to prevent it from biting. 2.15 "Owner" of a dog includes any person who possesses or harbours a dog; and where the owner is a minor, the person responsible for the custody of the minor. "Owls" and "owned" havo a corresponding meaning. 2.16 "Potentially Dangerous Dog" means: (a) a dog that, in the absence of any mitigating factor, chases or approaches any peñion or domestic animal anywhere other than on the property of its owner, in a menacing fashion or apparent attitude of attack, including þs¡ ¡st limited to behaviour such as growling or snarling; or (b) a dog that has been impounded; (c) a dog whose owner has been convicted on a total ofthree (3) occasions for zuch dog being at large in the municipality. 2.1'l "Pound" shall mean such prernises and facilities designated by The Corporation of the Municipality of Bayham as the Municþal Dog Pound. 2.18 "Pound Keeper" shall mean person, pen¡ons or association appointed by The Corporation of the Municipality of Bayham to operatg maintain and administer the Municipal Dog Pound. 2.19 "Premises" includes the enti¡e lot on which a single dwelling unit is situate; or a dwelling unit within a multi-dwelling unit building but does not include common areas adjacent to a multi- dwelling unit unless those common areas are completely enclosed. By-Law 2009-059 A By-Law to Regulate and Contol Dogs Page 274 of 309 Dog Control By-law 2.20 "Purebred" means: Municipality of Bayham (a) registered or eligible for registation in the Register of the Canadian Kennel Club, Incorporated, or (b) registered or eligible for regisüation in the Register of an Intemational Kennel Club, Incorporated. 2.21 "Running at Large" means to be found in any place other than the premises of the own€r of the dog and not under the physical confrol ofany person by means ofa leash. 2.22 "service or comp¡nion animal': is a dog used as a service animal for a person with a disability a. if it is a guide dog as defined in Section lof the Blind Persons Rights'Act; b. ifit is readily apparent that the animal is used by the person for reasons relating to his or her disabilþ; or c. if the person provides a letter from a physician or nurse confirming that the person requires the animal for reasons relating to the disability. (Accessibilityþr Ontarians with Dßabilíties Act, 2005 -O.P':eg.429/7 ssa(8) & (9)) 2.23 "Villâge" shall mean those urban areas designated as villages within the Ofñcial Plan of the Municþality of Bayham, passed on July 5,2001, as amended from time to time. 3. LICENSING: 3.1 No person, who is residing temporarily or permanently within the Municipality shall own, keep, possess or harùour a dog unless a licence has been issued under this ByJaw. 3.2 The Council may appoint and authorize a license agent to assist the ByJaw Enforcement Ofñcer, with the issuance oflicences required under this By-law, and every such licence shall be executed on behalf of the Corporation. 3.3 The owner of any dog within the limits of the Mrmicipalþ shall cause such dog to be registered with the Corporation, and shall be furnishd with a dog tag on payment of the annual licence fee. 3.4 Puppies may be kept with the mother for a period not exceeding tb¡ee (3) months/ninety (90) days following birth. 3.5 The owner shall keep such tag fi¡rnished secureþ fixed on the dog at all times during the year and until the owner procures a tag for the following year. A tag may be removed while the dog is being lawfrrlly used for hunting in the bush. 3.6 All dogs shall be registered and licence fees paid for on or before March 31" in each year; or within fourteen (14) days from the date of which such dog is acquired. All licence fees paid for after these dates shall be subject to a licence fee increase often ($10.00) dollars. 3.7 Every licence and dog tag shall expire on December 31" of the year for which same is issued and every dog owner shall renew the dog ag yearly. 3.8 Where the otryne$ of any dog have moved into the limits of the Municipality, they shall be required to register and pay the annual licence fee, as set out in App€ndix "4", within fourteen (14) days from the date of the move. All licence fees paid after this date shall be subject to a licence fee increase of ten ($10.00) dollan. 3.9 No person shall transfer a licence or tag issued by the Corporation from one owner to another, or from one dog to another. 3.10 Owners shall supply the Corpotation, or the licensing agent, with a description of each dog, sufFrcient to identify such dog; and a record shall be kept identiffing the dog and showing the name, address and telephorc nr¡mber of the owner; and the serial nrmber of the dog tag furnished. 3.11 The annual licence fees payable by the owner of every dog under this ByJaw, as set out in Appendix 'A', shall be the rates as approved by Council, from time to time. 3.12 Serr¡ice or companion animals are exempt from the payment of all licence fees applicable pursr¡Írnt to this ByJaw. By-Law 2009-059 A By-Law to Regulate and Contol Dogs Page 275 of 309 Dog Control ByJaw Municipality of Bayham 3.13 Where a dog tag has been lost, a replacement tag shall be issued at no cost upon receipt of proof that the cuûent year's licence feæ has been paid. 'Where second or subsequent tags have been lost, an applicati6n shall be made to the Corporation for a replacement tag'and the'replacement tag fee shall be paid. 3.14 In accordance with Section 7l of the Municìpal Act, S.O. 1990, Chapter M.45, the Clerk or other officer as designated shall keep a booþ record or file in which shall be recorded: ¡ the name of the owner of every dog registered under the provisions of this By- law; ¡ the address and telephone number of the owner of every dog registered under the provisions of this ByJaw; . the licence and dog tag number; o the yea¡ and expiration date ofthe licence and tag; . thedateofsuchregisfration; o the description of the dog; . amount of fee paid. 4. KEI{NELS AIID A¡IIMÄL RESCUE F'ACILITY: 4.1 All persons shall obtain a kennel licence from the Corporation before operating a kennel ofdogs. 4.2 All applications for kennel licences shall be accompanied by the following information: (a) Name and address of kennel owner; (b) Tlpe ofbreed or purebred dogs housed, boarded, bred or raised; (c) Location ofkennel; (d) Proofofapproved site specific zontng to provide for kennel use for said location. (e) Applicable fee. 4.3 (a) Notwithstandingtheprovisionsof Section3.ll ofthisBy-law,priortoMa¡ch3lsineach year, the owner of a kennel of dogs that a¡e registered or eligible for regishation with an association incorporated under the Anìmal Pedigree Act (Canada) shall pay an annual kennel licence fee, as set out in Appendk tAt, instead ofa licence fee for each dog. (b) Notwithstandingtheprovisionsof Section3.ll ofthisBy-law,priortoMarch3lrineach year, the owner of a kennel of dogs that a¡e not eligible for registration with an association incorporated under the Anímal Pedigree Act (Canada) shall pay a licence fee for each dog residing at the kennel, as set out in Appendix "At. 4.4 Every kennel owner shal submit on a monthly basis, to the Corporation, the names and addresses ofMunicipal residents who have purchased dogs from the said kennel. 4.5 The owner of every kennel of dogs shall remove all excrement and soiled bedding from which odour may a¡ise not less than weekly during ttre period of Novemb€r ls to Ma¡ch 3ls inclusive, and daily during the other months. 4.6 A¡IIMÄ.L RESCUE FACILITY 4.6.1 In this section "Animal Rescue Facility''means an person approved to op€rate a dog rescue and adoption program at a specific property within the Municipality. 4.6.2 In this section "Approved" means annual w¡itten approval from the Council of the Municipality of Bayham. 4.6.3 The Municipality shall authorize a person to operate an approved Animal Rescue Facility where zuch person has dei¡ronstrated he/she is operating a dog rescue and adoption progfam in good faitlr, a rescue program for a specific dog breed recogrizúby the Animal Pedigree Act (Canada), or a dog rescue and adoption program as a not for profit corporation, and is registered with a recognized animal welfare organization and provides the Municþalþ a letter of reference signed by their primary veterinarian confirming that he/she provides medical care for the pets in hiVher rescue and adoption program. By-Law 2009-059 A By-Law to Regulate and Contol Dogs Page 276 of 309 Dog Contol By-law Municipality of Bayham 4.6.4 The Municipality's authorization under Section 4.6.3 to operate an approved Animal Rescue Facility shall expire on December 3l'¡ of the year for which the authority was issued. 4.6.5 The Municþality may renew the authority issued under Section 4.6.3 for a person to continue to operate an approved Animal Rescue Facilþ where the person has provided an annual report to the Municipality with information regarding the adoption of dogs, including the number of dogs adopted, who adopted the dog address ofthe new owner and date the dog was adopted, and demonstrated he/she continues to meet the requftements under Section 4.6.3. 4.6.6 The person approved to operate an Animal Rescue Facility shall notbe required to pay a licence fee pursuant to this By-law for the first year, from the date ofregistration, a dog is harboured by or in the possession of the approved Animal Rescue Facility and where the dog is harboured by or in the possession of the approved Animal Rescue Facility for the purpose of rescue and adoption. 4.6.7 Despite Section 4.6.6 where a person approved to operate an Animal Rescue Facilþ harbours or possess a dog for the purpose ofrescue and adoption for more than one year, from the date of regisüation, the person shall pay a licence fee for such dog in accordance with Appendix A Section l(a) of this ByJaw. 4.6.8 Despite Section 4.6.1 to Section 4.6.7 a person operating an approved Animal Rescue Facility shall at all times comply with all other requirements of this By-law. 5. OÍTENCES: 5.1 No person shall suffer, allow or perrnit a dog, of which that person is the owner to run at large, (a) on any private property without the consent ofthe person apparently in possession or having ownership ofthe property, or (b) in apublicplace. 5.2 No owner of a dog shall permit the dog to trespass on any private prop€rty. 5.3 Every owner of a dog and every person who has a dog under his or her care, custody or contol shall reshain or cause the dog to be resEained on a leash where the dog is at any place other than on the property ofthe owner, or on the property ofany person with the consent ofthat person. 5.4 No person shall use a leash for restraining any dog unless it is substantially constnrcted or composed of strong material and shall be capable, at all times, of securely restaining such dog. No person shall use a leash for restraining a dog that exceeds 6 feet (1.8 metres) in length. 5.5 No owner of a dog shall suffer or permit any such dog to attack or fight with another dog or any other animal; or to do any damage whatsoever in any place, building or convenience to which the public has or is permitted to have acc€ss, including any higþway, sbeet lane, park or public place or resort or of amusem€nt. 5.6 Every owner or person having the care and custody of a dog three (3) months of age or over shall ensure that the dog is immunized against rabies, and shall ensr¡re that the dog is reimmunized against rabies by the date specified in the certificate of immunization issued. 5.7 At the request of the By-law Enforcement Ofñcer, the owner or person having the carg and- custody ola dog shall provide a valid certificate veriffing that such dog has been vaccinated against rabies. 5.8 Rernoval of Canine Waste: (a) Any person who owns, ha¡bours or possesses any dog shall forthwith remove and sanitarily dispose ofany excrement ofthe said dog; (b) Every penon having control of a dog shall forthwith remove any excrement or feces left by such dog on any highway or public park or public area within the bounda¡ies of the Municipalit¡ (c) Any yard or pen where a dog or dogs a¡e allowed to run, shall be kept in a clean and sanitary condition and all excrernent, feces, ¡nanure' refirse 9¡-6ton* or scattered-feed sha[ bé removed by the owner or keeper at least every three (3) days; and such refuse By-Law 2009-059 A By-Law to Regulate and Contol Dogs Page 277 of 309 Dog Control ByJaw Municipality of Bayham resulting from the keeping of such dog or dogs shall be removed from the premises as to prevent odour arising there from. 5.9 Number of Dogs per Premisesr (a) No penon shall keep more than two (2) dogs on any premises within a hamlet or village area as designated on the Ofücial Plan of the Corporation of the Municipality of Bayham, passed on July 5, 2001, as amended from time to time, unless otherwise designated as a kennel. (b) No penon shall keep more than three (3) dogs on any premises in all other areas of the Municipality, unless otherwise designated as a kennel. (c) Notwittrstanding Subsection 5.9 (a), any person keeping three (3) licenced dogs on a premises within a designated hamlet or village area on or before November 15, 2001, shall be permitted to continue keeping such licenced dogs, but shall not be permitted to keep any additional or newly licenced dogs on the premises. At zuch time as a licence for any of the subject dogs is not continued, such person shall be subject to Section 5.9 (a)." 5.10 Any person who owns, harbours or possesses any dog shall not allow said animal to make any noise, which unduly disturbs the peace, quiet, comfort and repose ofany individual. 5.11 Any person who owns, harbours, possesses or is in the care and/or control ofany dog shall not allow said dog to enter upon the Municipal Fast Be¿ch in Port Burwell. 5.12 Despite Section 5. 11 a disabled person having care and conEol of a service or companion animal may enter upon the Municipal East Be¿ch in Port Burwell providing the service or companion animal is leashed and the disabled person is in control ad care of the service or companion animal at all times. 5.13 Any penon who owns, possesses or harbours any dog shall provide suiable and adequate shelter, a) "adequate shelter" means a structure capable of shedding rain water, protecting the dog from wind, which is to be situated in a well drained area and be of a sizp suitable to the size of the dog which the said shelter is intended to house, b) the size ofthe said shelter stated in Section 5.10, paragraph (a), shall be large enough to allow the dog to stand, lay down ard turn around in a 360degree ci¡cle. DANGEROUS DOG/FOIENTIALLY DANGEROUS DOG: An owner who hæ acknowledged that they are the owner of a potentially dangerous dog or a dangerous dog, shall keep the dog from leaving the premises on its own by means of: (a) An enclosure; @) Containment within a fenced area; or (c) Physical ¡estraint of the dog by chain, or other similar means. The owner who has acknowledged that they are the owner of a potentially dangerous dog or a dangerors dog shall at all times, when the dog is outside the boundaries of the owner's lands, keep the dog muzzled and it shall be securely leashed to the owner of üe dog, on a leash not longer than 2 feet (0.6 metres) in length. A direction in writing from the ByJaw Enforcement Officer shall be sufficient notice that the owner is the owner of a dangerous dog and must comply with the provisions of this By-law. Where the ByJaw E¡forcement Officer designates a dog as a dangerous dog, the ByJaw Enforcement Officer shall serve notice upon the owner of such dog, requiring the owner, upon receipt of such notice, to comply with the following requirements: (a) keep suchdog confined, o within the owner's dwelling, or o in an enclosed pen of sufficieut dimension and construction to provide humane shelter for the ðog while preventing it from escaping there from and preventing the entry therein of unsupervised children, @) securely aitach a mt¡zzle to ìuch dog at all time when it is not confined in accordance with Section 6.3 (a), and be under the care (c) such dangerous dog and provide to the B policy and the irsurer expire, be cancelled or be terrninated for any reason. 6. 6.1 6.2 6.3 By-Law 2009-059 A By-Law to Regulate and Contol Dogs Page 278 of 309 Dog Control ByJaw Municipality of Bayham (d) permit the By-law Enforcement Officer to insert a microchip implanøtion in such dog for the purpose ofidentifuing such dog as a dangerous dog. All ownen of such dog shall comply with the requirements referenced above and as contained within 1þs Notice. 6.4 A direction in writing from the ByJaw Enforcement Officer shall be sufficient notice that the owner is the owner of a pglg¡tially_dangeteuc_deg and must comply with the provisions of this ByJaw. Where the ByJaw Enforcement Officer designates a dog as a potentially dangerous dog, the By-law Enforcement Ofñcer shall serve notice-upon t¡9 owner of such dog, requiring the owner, upon receip of such notice, to comply with the following requirements: (a) keep such dog confined, o within the owner's dwelling, ¡ in an enclosed pen or fenced area of suffrcient dimension and construction to provide humane shelter for the dog while preventing it from escaping there from and preventing the entry therein ofunsupervised children, or . by physical restraint of the dog by chain or other similar means. (b) securely attach a muzzle to such dog at all time when it is not confined in accordance with Section 6.4 (a), and be under the care and control of a person 16 yean of age or older. (c) if requested, obtain and maintain in force a policy ofpublic liability insurance issued by an insurer licensed by the Province of Ontario providing third paty liabilþ coverage in an amount of not less than One Million ($1,000,000) Dollars for any damage or injury caused by such dangerous dog and provide to the ByJaw Euforcement Officer a certificate of such policy and each subsequent renewal thereofsuch polþ shall contain a provision requiring the insurer to immediately notifr the ByJaw Enforcement Officer should the policy expire, be cancelled or be terminated for any reason. (d) if requested, permit the ByJaw Enforcement Offrcer to insert a microchip implantation in such dog for the purpose of identif,ing such dog as a potentially dangerous dog. All ownen of such dog shall comply with úe requirements referenced above and as contained within the Notice. 6.5 The notice referred to in Section 6.3 and Section 6.4 shall include: (a) A statement that the ByJaw Enforcement Officer has reason to believe that the dog is a potentially dangeror$ or dangerous dog as the case maybe; (b) The requirements that the owner must comply with in accordance with this By-law and when such requirements take effect; and (c) A staternent that the ownermay request within three (3) working days of receþt of the By- law Enforcement Officer's notice, and is entitled to a hearing by a committee designated by the Council of the Corporation of the Municipality of Bayham, whichmay affi¡m orrescind the By-law Enforcernent Officer's designation of the dog as potentially dangerous or dangerous, as the case may be, and which committee may substitute it's own designation, or it's own requirements of the owner of a dangerow dog pursuant to Section 6.3 (a) to (d) and ofa potentially dangerous dog pursuant to Section 6.a ($ to (d). 6.6 6,7 Where the owner of a dog receives a notice from the By-law Enforcement Officer designating such dog as a potentially dangerous dog or as a rlângeror¡s dog so requests in writing to the Clerk of the Corporation, within three (3) working days of receipt of such notice, a committee of Council to be known as the 'Dangerous Dog Appeal Qemmi6ss", shall hold a hearing pursuant to the provisions of the Ontario Statutory Powers Procedure Act within fifteen (15) working days of the Clerk's receþ of the request for a hearing and such committee may: (a) Affion or rescind the By-law Enforcement Officer's designation of the dog as a potentially dangerous dog or as a dangerous dog as the case may be; (b) Substitute its own designation ofthe dog as potentially dangerous dog or as a dangerous dog, as the case maybe; and/or (c) Substitute it's own requirements of the owner of a dangerous dog pursuant to Section 6.3 (a) to (d) and ofa potentially dangerous dogpursuant to Section 6'4 (a) to (d). The ByJaw sult of a.comPlaint receivãdby qeuiv þto whether a ã dog, as the case may be. The requirement of Section 6.3 (c) and (d) ard Section 6.4 (c) and_(d).whic4 qtiy be imposed on a dog o:wner by the By-law Enforcement Officer pursuant to such Sections shall not be required until-either the time fır appeal under Section 6.6 has elapsed without the dog owner requesting an 6.8 By-Law 2009-059 A By-Law to Regulate and Contol Dogs Page 279 of 309 Dog Conhol By-law Municipality of Bayham appeal pursuant to that Section or the Dangerous Dog Appeål Committee has ordered such requirement, whichever occurs earlier. 6.9 An owner of a dog which has been designated a potentially dangerous dog or a dangerous dog pursuant to this ByJaw shall advise the ByJaw Enforcement Officer immediateþ if he/she transfers ownership ofsuch dog to anotherperson, changes the address at which such dog is kept or has the dog euthanized; and shall furnish the ByJaw Enforcement Officer with particulars of sÍrme aDd other information which may be reasonably requested by the ByJaw Enforcement Officer. 6.10 An owner ofa dog, which has been designated a potentially dangerous dog or a dangerous dog pursuant to this By-law shall post and display a sign on the premises at the front entrance and in a ıonspicuous place onhis/Ter property stating that there is a potentially dangerous dog or dangerous dog, as the case may be, on the premises. 6'll and working day after the date of mailing. 7. 7.1 7.2 7.3 7.4 7.5 7.6 7.9 7.r0 7.7 7.8 IMPOLINDING: The ByJaw Enforcement Officer shall, and any Police Officer may, seize and impound any dog found running at large conüary to this By-law. Every dog seized by a Police Officer shall forthwith be delivered by the Police Offrcer to the ByJaw Enforcement OfEcer or Pound Keeper. The Pound Keeper shall impound any dog seized by him 6¡ dslivs¡ed to him by the ByJaw Enforcement Offrcer or a Police Officer. The By-law Enforcement Officer may capture all dogs running at large contrary to this ByJaw and may take therr to the animal's owner, if known; or at the ByJaw Enforcement Officer's discretion, to the pound for impounding by the Pound Keeper. For the purpose of Section 7 of this ByJaw, the ByJaw Enforcement Offrcer and the Pound Keeper may enter onto any public propefy or may enter onto any private propeay and into the structures thereon with the consent of the owner or occupant. expenses according to law. The owner of a dog that has been impounded shall upon, application to the Corporation, claim the dog before the Pound Keeper is entitte¿ to dispose of the impounded dog according to the provisions of Section 7.10 of this By-law. provide proof ,Ðd provide proof of ownershiP , and compensate the erption further time (a) sell the dog for such price as he may consider proper; o)i.Í in accordance withtheônimalsfor Research Act' R,S'O. 19m ^úed to the said Act, as amended from time to time." 7.TT By-Law 2009-059 A By-Law to Regulate and Contol Dogs Page 280 of 309 Dog Control By-law Municipality of Bâyham 7.12 or without offering it for sale, and no compensation shall be recovered by the owner of the dog for said destruction. (a) Where a dog is captured or taken into custody and the services of a veterinarian are secr¡rd by the Pound Keeper or Corporation, the owner shall pay to the Corporation all fees and charges ofthe veterinarian in addition to all other fees and per diem charges payable under this By-law, whether the dog is alive, dies or is euthanized. O) Where a dog is captured or taken into custody and the owner is not identified, the Pound Keeper shall confimr lhe services of a veterinarian with the Corporation, and the Corporation shall pay to the Pound Keeper all fees and charges for authorized veterinarian services rendered. No compensation, damages, fees or any other sum of money on accor¡nt of or by reason of the impounding, euthanizing or other disposal of the impounded dog in the course of the administration a¡d enforcement of this By-law shall be: (a) recovered by any owner or other person; or @) paid by the ByJaw Enforcement Offrcer, the Corporation, or the Pound Keeper. Every pound or other maintenance fee and licence fee that is unpaid in whole or in part is a debt due the Pourd Keeper and the Corporation ard is recoverable in any court ofcompetent jurisdiction in which a debt or money demand may be recovered. Every pound fee expended by or ofthis By- law that is uryaid in whole or in collected in like manner as municipal taxes. No person shall forcibly retrieve a dog from the ByJaw Enforcernent Offrcer or the Pound Keeper, or break and enter into a patrol vehicle or a live trap, or retrieve a dog, without payment in full of all fees and charges reçired to be paid under this By-law. ADMINISTRATION AND ENT'ORCEMET{T: Every person who contravenes any provision ofthis By-law is guilty ofan offence and on conviction is liable to a fine as provided for in the Prwincial Affmces Ac'tR.S.O. 1990, c. P. 33 as amended. Each day during which there is a breach ofthis ByJaw shall be regarded a¡i a separate and distinct offence and any pe$on, who continues in breach of this ByJaw, may be charged for each separate day during the continuation ofthe offence. The By-law Enforcement Officer may commence a proceeding in Provincial Offences Court by filing a Certificate of Offence or Information in the manner prescribed upder the Provincial Affences AaR,S.O. 1990, as amended. The Court in which the co¡wiction has been entered, and any court of competent jurisdiction thereafter, may make an order prohibiting the continuation or repetition of the offence by the person convicted, and such an order shall be in addition to any other penalty imposed on the person convicted. It is declared rctwithstanding that any section of this By-law or part tlrereof may be found by a court ofcompetentjurisdiction to be invalid, nforceable or ultra vires than such section shall conclusively be deemed to be servable and all other sections or parts ofthis ByJaw are separate and independent there from and enacted æ such. In this ByJaw, unless the contrary intention appe¿rs, words importing only singular numberor masculine gender shall include more persons, parties or things of the same kind than one and the feminine or neuter gender. Licences issued under the provisions of By-law f2ffiL-94, as amended shall be deemed to have been issued under this By-law and will be valid until the licence is replaced or expires. This ByJaw shall come into ful force and effect upon final passing. Uponpassing ef this ByJaw, By-laws 2ffi1-94,2001-110, 2ú3'098,-2æ7449,2c07469 md 2m7-Il5 arã repealed. All or any other By-laws regulating the licensing, care and control of dogs are also repealed. 7.t3 7.14 7.t5 7.t6 8.2 8.3 8.4 8. 8.1 8.8 8.9 8.5 8.7 By-Law 2009-059 A By-Law to Regulate and Contol Dogs Page 281 of 309 Dog Conmol By.law Municipality of Bayham READ A FIRST AND SECOI\ID TIME this day of ,2009. Mayor Clerk REÀD A THIRD TIME AND PASSED rh¡s day of ,2W9. Mayor Clerk l0 By-Law 2009-059 A By-Law to Regulate and Contol Dogs Page 282 of 309 Dog Conrol ByJaw 1.Licence Fees: For first dog For second dog For third dog Service or companion animal A Kennel for Purebred Dogs A Kennel for non-Purebred Dogs First Replacement Tag Additional Replacement Tag A dog harbored by an Approved Animal Rescue Facility for the first year, from the date ofregistration. Where the dog is released directly to the owner By the By-Iaw Enforcement Officer, Fees paid to the Corporation Por¡nd Fees: Where the dog is transported to the Pound, Fee,s paid to Corporation: First full day or part day in the poud Additional day or part day in pound Euthanasia & Incineration: Per Dog TIIE CORPORATION OF TIIE MT]I\ICIPALITY OF BAYHAM By-law 20t9-59 Being a By-law to Regulate and Control Dogs APPENDTX "A'' FEE SCIIEDIJLE Municipality of Bayham After March 31 $ 32.00 $ 35.00 $ 35.00 $ 0.00 $13s.00 $ 25.00/dog$ 0.00 $ 10.00 $ 0.00 (a) o) (c) (d) (e) (Ð G) (h) (Ð On or Before March 31: $22.00 $ 25.00 $ 30.00 $ 0.00 $100.00$ 15.00/dog$ 0.00 $ 10.00 $ 0.00 Licence Fee Reductions: (a) The owner of a spayed or neutered dog shall receive a Five ($5.00) Dollar reduction per Dog Tag/Licence Fee, provided that at the time of the registration a Veterinary Certific¿te identifring the dog and confirming the operation is received. (b) A Five ($5.00¡ Dollar reduction per Dog Tagllicence Fee will be granted to residents who purchæe the Dog Tagllicence directly from the Municipal Offrce on or before January 31$. (c) A Five ($5.00¡ Dolla¡ reduction per tag to new residents or new dog owners registering their dogs between October 1$ and December 31s. 2. Fees: 3. 4. $100.00 $100.00 $15.00/day $75.00 ll By-Law 2009-059 A By-Law to Regulate and Contol Dogs Page 283 of 309 Dog Control ByJaw Municipality of Bayham THE CORPORÁ,TION OF'TIIE MITNICIPALITY OF BAYIIAM SET FINE SCHEDULE PART I Províncial Ofences Act For By-Law #2009- 059 Being a ByJaw to Regulate and Control Dogs ITEM COLUMN 1: Short Form ÌYording COLIJMN2T Provlsion Creatlng a: ñ-fr-in- ôtr-^^- COLUMN 3: Set Fin¿ I Failure to resister dog for licence.Section 3.1 $105.00)Failure to fix tae securelv on dos.Section 3.5 s 55.00 3 Failure to renew doq tag for current vear,Section 3.7 s105.00 4 Unlawfully hansferred dos tas.Section 3.9 $105.00 5 Failure to obtain kennel licence.Section 4.1 $1s5.00 6 Failure to submit list of dos ourchasers.Section 4.4 $ 55.00 7 Failure to remove/dispose of dog excrement and soiled beddine from kennel. Section 4.5 $105.00 8 Permit dos to run at laree.Section 5^l $r05.00 9 Permit dos to tresDass on o¡ivate prooerty.Section 5.2 $105.00 10 Failure to restain dos on leash.Section 5.3 $10s.00 1t Restaining dog on leash exceeding 6 feet ll.8 metes) in lensth. Section 5.4 $ 55.00 t2 Permit dog to attacl/fight another dog or animal. Section 5.5 $155.00 l3 Failure to immunize dos asainst rabies.Section 5.6 $10s.00 l4 Failure to provide certificate of immunization asainst rabies. Section 5.7 $10s.00 l5 Failure to forthwith remove/dispose of dog excrement, Section 5.8 $105.00 t6 Keeping ofmore than two (2) dogs.Section 5.9(a)$105.00 t7 Keeping ofmore than three (3) dogs.Section 5.9(b)$105.00 18 Allow dog to unduly disturb peace ofother individuals. Section 5.10 $105.00 t9 Allow doe onto beach.Section 5 $105.00 20 Failure to provide zufficient shelter.Section 5.3 $105.00 21 Failure to restrain danserous dos.Section 6.$305.00 22 Failure to restrain potentially dangerous doç Section 6.1 $305.00 23 Failure to mwzle danserous dos.Section 6.2 $305.00 24 Failure to muzzle potentially dangerous r{no Section 6.2 $305.00 25 Failure to reshain danserous doe on leash.Section 6.2 $305.00 26 Reshaining dangerous dog on leash exceedine 2 feet 10.6 metres) in lensth. Section 6.2 $305.00 27 Failure to reshain potentially dangerous dog on leash. Section 6.2 $305.00 28 Reshaining potentially dangerous dog on leash exceeding 2 feet (0.6 metres) in lensth^ Section 6.2 $305.00 29 Failure to complywith conditions of Dane€rous DosNotice. Section 6.3 $305.00 30 Faih¡re to comply with conditions of Potentiallv Danserous Dos Notice. Section 6.4 $305.00 31 Failure to notifr of change of ownership of dange,rous dos- Section 6.9 $105.00 32 Failure to notiff of change of ow¡rership of notentiallv danseroùs dos- Section 6.9 $105.00 33 I Failure to Post Sipn Section 6.10 $105.00 34 I Forciblv retrieved captured dos.Section 7.16 $155.00 NOTE: The penaltyprovision for the offences indicated above is Section 8.1 ofByJaw #2009 - 059, a certified copy ofwhich ByJaw has been filed. 12 By-Law 2009-059 A By-Law to Regulate and Contol Dogs Page 284 of 309 THE CORPORÄTION OF'THE MT]NICIPALITY OF BAYHAM BY-LAW NO.2009-060 A BY.LAW TO AMEND BY-LAW #2008-095 AUTIIORIZING AN AGREEMENT BETWEEN THE MUNICIPALITY OF' BAYHAM &RODGERMARTIN FOR TIIE PROVISION OF CANINE CONTROL/POUND KEEPER SERVICES WHEREAS ttre Municþality of Bayharn did enter into a conhact agreanent with Rodger Martin for the provision of canine control officer and pound keeper services for the Municipality ofBayham. AND \VEEREAS the Municipality of Bayham and Roger Martin have agreed and are desi¡ous of amending the Agreernørt for the provision of canine confrol officer and pound keeper services. TIIEREFORE THE COT]NCIL OF THE CORPORATION OF THE MT]NICIPALITY OF BAYHÄM ENACTS AS FOLLOWS: 1. THAT Schedule "A" attached to ByJaw #2008-095 be rescinded and replaced with the Schedule "4" attached hereto; 2. AND THAT all other terms and conditions of the agreement be and are hereby confirrned; 3. AI\D THAT this By-law shall come into full force and effect upon final reading. READ A FIRST, SECOND AI\[D THIRD TIME, A¡tD FINALLY PASSED TIIIS Tthday of May 2009. MAYOR CLERK By-Law 2009-060 A By-Law to amend By-Law 2008-095 (Canin... Page 285 of 309 Page 286 of 309 ilTR%îil8,i*?iî#ï# BY-LAW2009-61 A BY-LAW TO ÄUTHORIZF.THN EXECUTION OX'AII AGREEMENT WTTH ELGIN COTJNTY AREA MTJ¡IICIPALITIES AIID AGENCIES FOR TIIE SHARING OF INT'ORMA'TION TECHNOLOGY ST]PPORT SERVICES \ryHEREAS Corporation of the Township of Malahide proposes to retain staff for information technology support services and to contract with area municipalities and agencies to provide such services; A¡{D \ilHEREAS certain area municipalities and agencies of the Elgin County ar€a r¡iish to participate in this co-operative approach to meeting information technology support needs of their respective organizations; AND WHEREÄS the Council of the Corporation of the Municipality of Bayham deems it necessary and expedient to execute an agreement with the Township and Malahide and other parties for the provision ofIT support services. NOW THEREFORE TIIE CORPORATION OT' TIÍE MI]MCIPALITY OX' BAYHÄMIIEREBY ENACTS AS F'OLLOWS: 1. TIIÄT the Mayor and Clerk be and are hereby authorized to execute the Agreement attached hereto as Schedule "4" and forming part of this byJaw between The Corporation of the Township of Malahide, The Corporation of the Municipality of Bayham, The Corporation of the Municipality of Central Elgin, The Corporation of the Municipality of V/est Elgin, The Corporation of the Municipality of Dutton-Dunwich, The Corporation of the Township of Southwold, and The Elgin St. Thomas Health Unit for the provision of Information Technology Support Sevices. 2. AND TIIAT this byJaw shall come into full force and effect upon final passing. READ A FIRST, SECOND AND THIRD TIME AND F'INALLY PASSED TIIIS 6TH DAY OF MAY 2009. MAYOR CLERK By-Law 2009 061 A By-Law to authorize the execution of ... Page 287 of 309 Page 288 of 309 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LA\ry NO. 2009-062 A BY-LAW TO AUTHORIZE THE EXECUTION OF AGREEMENT BETWEEN THE MUNICIPALITY OF BAYHAM AND LEN FROESE OPERATING AS GROUND EFFECTS LANDSCAPE AND DESIGN FOR THE PROVISION OF BY.LA\il ENF'ORCEMENT YARD MAINTENANCE SER\rICES \VHEREAS the Municipality of Bayham is desirous of entering into an agreement for the provision of yard maintenance services associated with by-law enforcement on an "as needed" basis; AND WHEREAS the Council of the Corporation of the Municipality of Bayham is desirous of entering into a contract agreement for provision of said services with Len Froese O/A Ground Effects Landscape and Design. THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF'BAYHAM ENACTS AS FOLLO\ilS: 1. THAT the Mayor and Clerk be and are hereby authorized to execute the Agreement attached hereto as Schedule '3A'o and forming part of this By-law between the Municipality of Bayham and with Len Froese O/A Ground Effects Landscape and Design for the provision of yard maintenance services associated with by-law enforcement on an "as needed" basis. 2. THAT this By-law shall come into full force and effect upon final passing. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 7th DAY OF MAY 2009. MAYOR CLERK By-Law 2009-062 A By-Law to authorize the execution of a... Page 289 of 309 YARD MAI NTE NANC E S E RW C E S THIS AGREEMENT made in triplicate this day of ,2009. BETWEEN: LEN FROESE O/A GROTJND EFFECTS LANDSCAPE AND DESIGN (hereinafter referred to as the "Contractor") of the First Part -and- THE CORPORATION OF THE MUNICIPALITY OF BAYHAM (hereinafter referred to as the "Municipality") ofthe Second Part WHEREAS the Municipality of Bayham is desirous of entering into an Agreement for the provision of yard maintenance services associated with By-law Enforcement on an "as needed" basis, within the geographical area of the Municipality of Bayham; AllD WHEREAS the Council of the Corporation of the Municipality of Bayham is desirous of entering into a contract agreement for provision of said services with Len Froese, O/A Ground Effects Landscape and Design. NOW THIS AGREEMENT WITNESSETH AS FOLLOWS: l. The Contractor hereby covenants and agrees to perform yard maintenance services as requested and specified by Bayham By-law Enforcement Officers, at residences within the Municipalþ of Bayham. 2. The Municipality hereby covenants to pay to the Contractor the sum of EIGHTY ($80.00) DOLLARS per hour, ptus applicabte G.S.T. Payment will be made within twenty (20) days following the submission of completed and approved invoice. Extra charges (example: tipping fees regarding debris to be disposed of) will be charged to the Municipality in addition to the hourly rate. rJy'ritten confirmation of the amounts expended on behalf of the Municipality will be provided and attached to the invoice reflecting said charge. By-Law 2009-062 A By-Law to authorize the execution of a... Page 290 of 309 4. The Agreement shall take effect upon the execution of this Agreement for a period up to and including April 30, 2009, unless sooner terminated in accordance with the Agreement or by agreement of the parties. 5. Either pafi may terminate this Agreement upon forty-five (45) days notice in writing to the other party. Such notice may be mailed by ordinary prepaid mail to the other party, and this Agreement shall terminate on the forly-frfth day following the date of the mailing. 6. It is understood by the parties hereto that there will be no adjustment in fees paid by the Municipality during the full term of this Agreement. 7. It is understood by the parties that all services carried out hereunder by Len Froese, O/A Ground Effects Landscape and Design shall be as an independent contractor and not as an employee of the Municipality. 8. Any notice required to be given under this Agreement must be in writing and in the case of the Municipality, to: The Clerk, The Municipality of Bayham 9344PlankRoad, PO Box 160, Straffordville Ontario NOJ lYO and in the case of Len Froese, O/A Ground Effects Landscape and Design to: Len Froese, O/A Ground Effects Landscape and Design 51475 Talbot Line East, RR#1 Aylmer Ontario N5H 2R1 9. That there have been no representations, oral or written, by either party, save as contained herein. 10. The Contractor covenants and agrees as follows: (a) They shall, during the entire term of this Agreement, provide and keep in force for the benefit of the Municipality, a comprehensive general liability insurance policy, including the Municipality as an additional insured, in an amount of not less than $2,000,000 providing coverage for and including bodily injury, death or property damage; (b) They shall furnish to the Municipality, upon the execution of this Agreement, copies of the certificates of insurance, showing that they have complied with the provisions of Paragraph 5(a) including naming the Municipality as an additional insured. 11. The Contractor shall indemniff and save harmless the Municipality and their employees from all actions, suits, claims and demands whatsoever which may arise directly or indirectly by reason of a requirement of this Agreement, save and except from damage caused by the negligence of the Municipality or their employees. 12. The Contractor shall furnish to the Municipality, upon the execution of this Agreement, a Clearance Certificate issued by the Worþlace Safety & Insurance Board, which waives its rights under Section I l(3), R.S.O.1990 of the Workers'Compensstion Actto hold the Municipality liable for any liability of the Contractor for assessments and levies owing to the Worþlace Safety & Compensation Board. In the case the Worþlace Safety & Insurance Board refuses to issue such certificate, a waiver form satisfactory to the municipality shall be executed. By-Law 2009-062 A By-Law to authorize the execution of a... Page 291 of 309 13. The contractor shall use his or her own vehicle and yard maintenance equipment for carrying out the services requested. 14. The Municipality shall supply to the contractor an identification card bearing their photograph, which shall be displayed for all persons contacted by the contractor, while providing the services herein. Such card shall be returned to the Municipality immediately at the end of the service period. 15. This Agreement shall ensure and be binding upon the Parties hereto when attached to and confirmed by By-law of the Council of the Municipality and signing by the Contractor and shall not be assigned without the consent of the Municipality. IN WITNESS WHEREOF I HAVE HEREUNTO SET MY HAND AND SEAL. CONTRACTOR: Date WITNESS: Date IN WITNESS WHEREOF THE CORPORATE SEAL OF THE MLTNICIPALITY IS }IERET'NTO AFFIXED AND ATTESTED BY THE PROPER SIGNING OFFICERS THEREOF. AUTHORIZATION: THE CORPORATION OF THE MT'NICIPALITY Of,'BAYHAM BY-LAW NO. #2009-0062 Mayor Date Clerk Date By-Law 2009-062 A By-Law to authorize the execution of a... Page 292 of 309 TITE CORPORATION OF TIIE MI]MCIPALITY OT' BAYIIAM BY-LAIYNO.2009-063 BEING A BY-LAW TO ESTABLISH A LEYY FOR TIIE YEAR 2OO9' TO ADOPT TAX RATES, PROVIDE FOR PENALTY AAID INTEREST IN DEFATJLT OF PAYMENT AND TIIE COLLECTION TIIEREOX" \üHEREAS the Municipal Act, 2001, S.O. 2001, c.25 as amended provides that the Council of a local municþalþ pass a byJaw to levy a separate tax rate on the assessment in each property class, and; WIIEREAS the Municipal Act, 2001, S.O. 2001, c.25 require tax rates to be established in the same proportion to tax ratios, and; WIIEREAS certain regulations require reductions in certain tax rates for certain classes or subclasses of property, and; WHEREAS it is necessary and expedient to levy on the whole rateable property according to the last revised assessment roll of the Municipality the sum of $2,702,556 for the purposes of the lower-tier municipality for the current year, NO\il TIIEREFORE THE COTJNCIL OF TIM CORPORATION OX'THE MI]NICIPALITY OF BAYIIAM IIEREBY ENACTS AS FOLLOWS: 1. TIIAT for the purpose ofproviding for the Corporation's general pulposes, the tax rates set out in Schedule "A' be hereby adopted and levied for the year 2009 upon the whole of the said assessment of the Municipality according to the last revised assessment roll. 2. TIIAT for the purpose of providing for the County of Elgin general levy, the tð( rates set out in County of Elgin By-Law 09-13 be hereby levied for the year 2009 upon the whole of the said assessment of the Municipalþ according to the last revised assessment roll. 3. TIIAT in additior! for the purposes of providing for the public and separate school education pulposes, the tax rates set out by the Minister of Finance under Regulation 98/06,as revised of the Education Act be hereby levied for the yær 2009 upon the respective portions of the said assessment of the School supporters of the said Municipality according to the last revised assessment roll. 4. THAT all taxes and other special ræes shall be paid in the offrce of the Tax Collector or Treasurer of the Municipality of Bayham. 5. THAT ta<es for all properties shall become due and payable one-half on or before August 28' 20()J) and one-half on or before November 2012009, and non-payment ofthe amount, as noted, on tlre daæs stated in accordance withthis section shall constitute default' 6. TIIAT on all ta<es, which a¡e in default on the lst day following the above noted due dates, a penalty of r 1.25% per month will be added on the ìoauyof" December3ll 2009. 7. TIIAT on all taxes in default on January 1"t, 2010, interest shall be added at the rate of L25% per month for each month or fraction thereof in which the default continues. 8. THAT penalties and interest added in defar¡lt shall become due and payable and shall be collected as if the same had originally been imposed and formed part of such unpaid ax levy. 9. TIIAT the Collector shall cause the same to be mailed to the residence or place of business of such person indicated on the last revised assessment roll, a written or printed notice specifiing that amount of taxes payable. By-Law 2009-063 A By-Law to establish levy and adopt tax... Page 293 of 309 ByJaw 2009-Mt -2- 10. TIIAT all byJaws inconsistent with the provisions of this by-law are hereby repealed' READ A tr.IRST, SECOÌ\D A¡D THIRD TIME A¡D T.INALLY PASSED TIIIS TTII DAY oF'MAY2009. MÄYOR CLERK By-Law 2009-063 A By-Law to establish levy and adopt tax... Page 294 of 309 THE CORPOR.A.TION OF TIIE MTJNICIPALITY OF B.{YH^{M BY-LAW #2009-064 AMEIYDING BY.LA\ry #1690 BEING A BY.LA\ry TO PROVIDE FOR THE CASIER MIJNICIPAL DRAIN WHEREAS the Corporation of the Township of Bayham ByJaw #1690 enacted on the 25ú day of Ma¡ch 1968 provided for the constn¡c-tion of the Casier Municipal Drain; and for the levy assessments t4)on lands and roads to which the Casier Municipal Drainage works is chargeable; AI\[D \ryHEREAS a portion of lands falling wittrin the watershed of the Casier Municipal Drain are proposed to be severed and, as a condition of Severance consent Application E90/08, as such it is necessary to reapportion the drainage assessme,nt affecting those lands affected; A¡ID \ilIIEREAS an "Agreement between Property Ov¡ners for Drainage Apportionmelrt due to Land Severance or Sale" as prepared by the Bayharn Drainage Super:intendent has been accepted and duly executed by the cunent prop€rty oïvners ofthose retained and severed lands; A¡ID \ilEEREAS the Council of the Corporation of the Municipality of Bayham now deerns it necessary to reapportion the assessments contained within the assessment schedules attached to By-law #1ó90; NO\ry THEREFORE THE CORPORATION OF TIIE MUNICIPALITY OF BAYHAM IIEREBY ENACTS AS FOLLO\ilS: l. THAT the assessment contained in Graham, Ber¡nan and Associates Ltd. Engineer's Report dated December 5, 1969 affecting property identified as Roll Number 34-01- 000-003-03500 for lands located within part of Lot 15, Concession 5, with a watershed of 3.09 acres, valued at $43.00 shall be reapportioned as follows: SeveredProoe4q Assessme,ntRoll#34-01-000-003-03400 Legal Description: Pa¡t l, 2 on Referance Plan #1 lR-5144 Pa¡t Lot 15, Concession 5 Drainage Apportionment: Assessed at $34.95 Remaining Prooert)¡: Assessment Roll #34-0 l -000-003-03500 Legal Description: Pa¡t Lot 15, Concession 5 Drainage Apportionment: Assessed at $14.05 2. TEAT the apportioned costs of any future maintenance work authorized by the Council of the Municþality of Bayham and ca¡ried out under the supenrision of the Drainage Superintendent on the Casier Municþal Drain shall reflect the reapportionment in Paragraph #l herein. 3. THAT the reapportionment of drainage assessments as set out in Paragraph #1 herein will ce¿se when Council accepts a new Engineer's Rqrcrt assessing this portion of the CasierMunicþal Drain. 4. Effective Date: This ByJaw comes into full force and effect on the passing thereof. Read a first, second and third time and finally passed this 7th day of May 2009 Mayor Clerk By-Law 2009-064 A By-Law to amend By-Law #1690 (Casier M... Page 295 of 309 Page 296 of 309 TIIE CORPORATION OF THE MT'NICIPÄLITY OF BAYIIAM BY-LA\M #2009-06s AMENDINGBY-LA\il #1429 BEING A BY-LAW TO PROVIDE FOR THE ADLERMUNICIPAL DRAIN IYIIEREAS the Corporation of the Township of Bay4ram ByJaw #1429 enactúon the 31s day of October l9ó0 provided for the constn¡ction of the Adler Municipal Drain; and for the levy assessm€nts upon lands and roads to which the Adler Municipal Drainage works is chargeable; A¡ID \ilIIEREAS a portion of lands failing within the watershed of the Adler Municipal Drain are proposed to be severed and, as a condition ofSeveftmce Consent Application E90/08, as such it is necessary to reapportion the drainage assessment affecting those lands affected; AND WIIEREAS an "Agreeme,nt be¡¡¡een Property Owners for Drainage Apportionment due to l¿nd Severance or Sale" as prepared by the Bayham Drainage Superinte,ndent has been accepted and duly executed by ttre sunent property ownen¡ of those retained and swered lands; AIYD ÌVHEREAS the Council of the Corporation of the Municipality of Bayham now deems it necessary to reapportion the assessments contained within the assessment schedules attached to By-law #1429 ; NO}Y THERET'ORE THE CORPORATION OF'TEE MI]NICIPALITY OF BAYHÄM IIEREBY ENÁ,CTS AS FOLLO\ilS: l. TIIAT the assessment contained in G. Duncan Black Engineer's Report dated September 27, 1960 affecting property identified as Roll Number 34-01-000-003- 03500 for lands located within part of Lot 15, Concession 5, with a watershed of l/2 acre, valued at $20.00 shall be reapportioned as follows: SeveredProperty: AssessmentRoll#34-01-000-003-03400 Legal Description: Part l, 2 on Reference Plan #1lR-5144 Part Lot 15, Concession 5 Drainage Apportionment: Assessed at $20.00 Rernaining Propgrty: Assessment Roll #34-01 -000-003-03500 Legal Description: Pa¡t Lot 15, Concession 5 Drainage Appoflionment: Assessed at $0.00 2. TIIAT the apportioned costs of any firture maintenance work authorized by the Council of the Municipality of Bayharn and carried out under the supervision of the Drainage Superintendent on the Adler Municipal Drain shall reflect the reapportionment in Paragraph #1 herein. 3. TIIAT the reapportionment of drainage assessments as set out in Paragraph #l herein will cease when Council accepts a new Engineer's Rqrort assessing this portion of the Adler Municþal Drain. 4. Effective Date: This By-law comes into full force and effect on the passing thereof. Read a firs! second and third time and finally passed this 7th day of May 2009 Mayor Clerk By-Law 2009-065 A By-Law to amend By-Law #1429 (Adler Mu... Page 297 of 309 Page 298 of 309 THE CORPORÄ.TION OF TIIE MT]NICIPALITY OF BÄYHÄM BY-LAW NO. 2009-068 BEINGA BY-LAW TO REGULATE TIIE STOPPING OF'VEEICLES AT TIIE INTERSECTION OF THE TRILLII]M RAILWAY TRACKS AND SOMERS ROAD WITIIIN T|IN MUNICIPALITY OF BAYHAM IYHEREAS The Municipallcl, Section 11 authorizes Municipalities to pass By'Laws regarding highways; AND \ilHEREAS the Municipality of Bayham is desi¡ous to regulate the stopping of vehicles at Iots l0 & I l, Concession 10, being the intersection of the Trillium Railway and Somers Road within the geographic boundaries of the Municipality of Bayham; AND ÌYEEREAS the Council of the Municipality of Bayham deems it expedient to approve such regulation of vehicle stoppage by By-Law; NOW TIIERET'ORE THE COI]NCIL OT'THE CORPORATION OF'THE MI]NICIPALITY OF BAYIIÄM ENACTS AS FOLLO\üS: 1. TIIAT a stop sip be placed on the west side of Somers Road, a distance of 949.58 meters southedy from Green Line prior to the crossing of the northwest section of the Trillium Railway 2. TIIAT a stop sign be placed on the east side of Somers Road, a distance of 1,036.78 meters northerly from Best Line priorto the crossing of the southeast section of the Trillium Railway 3. TIIAT this by-law shall come into full force and effect upon final passage and enactnent. READ A FIRST, SECOND A¡ID THIRD TIME A¡ID FINALLY PASSED THIS ?th DAYOFMAY2OO9. MAYOR CLERK By-Law 2009-068 A By-Law to regulate the stopping of veh... Page 299 of 309 Page 300 of 309 THE CORPORATION OFTIIE MUNICIPALITY OFBAYHAM BY-LA\ry NO.2009-069 A BY.LA\ry TO AUTIIORIZE THE EXECUTION OF AN AGREEMENT BETWEEN TEE MUNICIPALITY OFBAYHAM AND SHÄUN SMITII O/A SMITII ÄI\D SON GROI'NDS MAINTENANCE F'ORTHE PROVISION OFADDITIONAL CEMETERY CARE SERVICES \ryHEREAS the Corporation of the Municþality of Bayham is responsible for the cemetery lands shown on the map attached hereto as "Map #3", hereinafter referred to as the "lands"; AND WHEREAS the Council of the Corporation of the Municipality of Bayham is desirous ofentering into an agreement for cønetery care services on these lands. TI{EREFORE THE COI'NCIL OFTHE CORPORATION OFTHE MI]NICIPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. TIIAT the Mayor and Clerk be and are hereby authorized to execute the Agreernent attached hereto as Schedule "4" and forming part of this by-law between the Municipality of Bayham and Shaun Smith O/A Smith and Son Grounds Maintenance for the provision of cemetery care services, 2. THAT the respective individual cemetery boards reimburse the Municipality for the costs incuned. 3. AI\D THAT this byJaw shall come into fulI force and effect upon the date of its €nacEnelrt. READ A FIRST, SECOND A¡ID THIRD TIME AND FTNALLY PASSED TIIIS ?THDAY OFMÄY 2009. MAYOR CLERK By-Law 2009-069 A By-Law to authorize the execution of a... Page 301 of 309 Page 302 of 309 THE CORPORATION OF THE MT]NICIPALITY OF BAYTIAM BY-LAW NO.2009-067 A BY-LA}Y TO AUTHORIZETTIE EXECUTION OF A¡I AGREEMENT OF PI]RCIIASE AND SALE WITH PAUL ENS A¡fD EDNA ENS \ilHEREAS Section 9 of the Municipal Ac\2001, S.O.2001, c.25 as amended provides that a municipality has the capacity, rights, powers and privileges ofa natural person for the purpose of exercising its authority under this or any Act; A¡lD ÌYHEREAS Section ll of the Municipal AcI"200l, S.O, 2001, c.25 as amended provides that a lower tier municipalþ may p¿rss byJaws respecting Highways, including parking and traffic onhighways; A¡lD WHEREAS the Council of the Municipality of Bayham is desirous of exchanging properfy for the purpose of improvements for the road known as Mitchell Road; AII{D WHEREAS the Council of the Municipality of Bayham deems it necessa¡y to apProve an Agreement of Purcbase and Sale by by-law; NOW TIIEREF'ORE THE COTJNCIL OF THE CORPORATION OF THE MUI\TICPALITY OF BAYIIAM ENACTS AS FOLLOWS: l. TIIAT the Council of the Municipality of Bayham hereby authorizes and directs the Mayor and Clerk to execute an agreement subsøntially in the form affixed hereto ma¡ked Schedule uAu and forming part of this bylaw, being a Agreement of Purchase and Sale between the Corporation of the Municipality of Bayharn and Paul Ens and Edna Ens, subject to any changes recommended by the Municipal Solicitor. 2. AND TIIAT the Council of the Municipality of Bayham hereby authorizes a¡rd directs the Mayor and Clerk to execute such documents a¡¡ may be necessary to complete the said Agreement of Purchase and Sale. 3. A¡lD THAT this byJaw shall come into full force and effect upon final passing. READ A FIRST, SECOI\D AND THIRD TIME AI\ID FINALLY PASSED THIS 7TH DAY oFMAY,2009. MAYOR CLERK By-Law 2009-067 A By-Law to authorize the execution of a... Page 303 of 309 Agreement of Purchase and Sale for use in the Province of Ontario BUYER SELLER THE CORPORATION OF THE MUNICIPALITY OF BAYHAM PAUL ENS and EDNA ENS REAL PROPERTY: Address: MITCHELL ROAD fronting on the side of in the MUNICIPALITY of BAYHAM and having a frontage of described as: feet more or less by a depth of feet more or less and legally (the "Property"). PURCHASE PRIGE: $5,425.00 (Beinq $5,000.00 / acre, plus $3.000.00 for shed) FIVE THOUSAND, FOUR HUNDRED TWENTY-FIVE Dollars (CDN) ADDITIONAL CONSIDERATION: ACQUISITION OF PART OF LOT 119, CONCESSION SOUTH TALBOT MUNICIPALITY OF BAYHAM. COUNTY OF ELGIN DEPOSIT: Buyer submits (herewith/upon acceptance) by negotiable cheque payable to Dollars (CDN) $ to be held in trust without interest pending completion or other termination of this Agreement and to be credited toward the Purchase Price on completion. Buyer agrees to pay the balance as follows: BY CASH OR CERTIFIED CHEQUE SUBJECT TO THE USUAL ADJUSTMENTS. SCHEDULES: attached hereto form(s) part of this Agreement. GHATTELS INGLUDED: N/A FIXTURES EXCLUDED: N/A RENTAL ITEMS: The following equipment is rented and not included in the Purchase Price. the Buyer agrees to assume the rental contract(s), if assumable: N/A IRREVOCABILITY: This Offer shall be irrevocable by Seller/Buyer until _p.m. on the day of , 2009, after which time, if not accepted, this Offer shall be null and void and the deposit shall be returned to the Buyer in fullwithout interest. COMPLETION DATE: This Agreement shall be completed by no later than 6:00 p.m. on the- day of 2009. Upon completion, vacant possession of the property shall be given to the Buyer unless othenryise provided for in this Agreement. 6. NOTICES: Seller here appoints his/her/their solicitor as agent for the purpose of giving and receiving notices pursuant to Initials of Buyer:Initials of Seller: 1. 2. 3. 4. 5 By-Law 2009-067 A By-Law to authorize the execution of a... Page 304 of 309 llaye2oþ 2 this Agreement. The Buyer hereby appoints his/her/their solicitor as agent for the purpose of giving and receiving not¡ces pursuant to this Agreement. Any notice relating hereto or provided for herein shall be in writing. This offer, any counter offer, notice of acceptance thereof, or any notice shall be deemed given and received, when hand delivered to the address for service provided in the Acknowledgement below, or where a facsimile number is provided herein, when transmitted electronically to that facsimile number. Fax No. (for delivery of notices to Seller): Fax No. (for delivery of notices to Buyer:): 7 . GST: lf this transaction is subject to Goods and Services Tax (G. S.T. ), then such tax shall be included in/in addition to the Purchase Price. lf this transaction is not subject to G.S.T., Seller agrees to certify on or before closing that the transaction is not subject to G.S.T. L TITLE SEARCH: Buyer shall be allowed until 6:00 p.m. on the _day of , 2009 (Requisition Date) to examine the title to the property at his own expense and until the earlier of: (i) thirty days from the later of the Requisition Date or the date on which the conditions in this Agreement are fulfilled or otherwise waived; or (ii) five days prior to completion, to satisfy himself that there are no outstanding work orders or deficiency notices affecting the properÇ, that is present use ( ) may be lav'rfully continued and that the principal building may be insured against risk of fire. Seller hereby consents to the municipality or other governmental agencies releasing to Buyer details of all outstanding work orders atfecting the property, and Seller agrees to execute and deliver such further authorizations in this regard as Buyer may reasonably required. 9. FUTURE USE: Seller and Buyer agree that there is no representation or warran$ of any kind that the future intended use of the property by Buyer is or will be lawful except as may be specifically provided for in this Agreement. 10. TITLE: Provided that the title to the property is good and free from all registered restrictions, charges, liens and encumbrances, except as otherwise specifically provided in this Agreement and save and except for: (a) any registered restrictions or covenants that run with the land, provided that such are complied with; (b) any registered municipal agreements and registered agreements with publicly regulated utilities providing such have been complied with, or security has been posted to ensure compliance and completion, as evidenced by a letter from the relevant municipality or regulated utility; (c) any minor easements for the supply of domestic utility or telephone services to the property or adjacent properties; and (d) any easements for drainage, storm or sanitary sewers, public utility lines, telephone lines, cable television lines or other services which do not materially affect the present use of the property. lf within the specified times referred to in paragraph I any valid objections to title or to any outstanding work order or deficiency notice, or to the fact the said present use may not lav'rfully be continued, or that the principal building may not be insured against risk of fire is made in writing to Seller and which Seller is unable or unwilling to remove, remedy or satisfy and which Buyer will not waive, this Agreement notwithstanding any intermediate acts or negotiations in respect of such objections, shall be at an end and all monies paid shall be returned without interest or deduction and Seller and his/her/their solicitor shall not be liable for any costs or damages. Save as to any valid objections so made by such day and except for any objection going to the root of the title, Buyer shall be conclusively deemed to have accepted Seller's title to the proper$. 1 1 . CLOSING ARRANGEMENTS: Where each of the Seller and Buyer retain a lawyer to complete the Agreement of Purchase and Sale of the Property, and where the transaction will be completed by electronic registration pursuant to Part lll of the Land Registration Reform Act, R.S.O. 1990, Chapter L4 and the Electronic Registration Act, S.O. 191, Chapter 44, any amendments thereto, the Seller and Buyer acknowledge and agree that the exchange of closing funds, non-registrable documents and other items (the "Requisite Deliveries") and the release thereof to the Seller and Buyer will (a) not occur at the same time as the registration of the transfer/deed (and any other documents intended to be registered in connection with the completion of this transaction) and (b) be subject to conditions whereby the lawyer(s) receiving any of the Requisite Deliveries will be required to hold same in trust and not release same except in accordance with the terms of a document registration agreement between the said lawyers. The Seller and buyer irrevocably instruct the said lawyers to be bound by the document registration agreement which is recommended from time to time by the Law Society of Upper Canada. Unless otherwise agreed to by the lawyers, such exchange of the Requisite Deliveries will occur in the applicable Land Titles Office or such other location agreeable to both lawyers. 12. DOCUMENTS AND DISCHARGE: Buyer shall not call for the production of any title deed, abstract, survey or other evidence of title to the property except such as are in the possession or control of Seller. lf requested by Buyer, Seller will deliver any sketch or survey of the property within Seller's control to Buyer as soon as possible and prior to the Requisition Date. lf a discharge of any Charge/Mortgage held by a corporation incorporated pursuant to the Loan Companies Act (Ganada), Chartered Bank, Trust Company, Credit Union, Caisse Populaire or lnsurance Company and which is not to be assumed by Buyer on completion, is not available in registrable form on completion, Buyer agrees to accept Seller's lawyer's personal undertaking to obtain, out of the closing funds, a discharge in registrable form and to register same on title within a reasonable period of time after completion, provided that on or before completion Seller shall provide to Buyer Initials of Buyer:Initials of Seller: By-Law 2009-067 A By-Law to authorize the execution of a... Page 305 of 309 llaye 3 o0 3 a mortgage statement prepared by the mortgagee setting out the balance required to obtain the discharge, together with a direction executed by Seller directing payment to the mortgagee of the amount required to obtain the discharge out of the balance due on completion.l3 INSPEGTION: Buyer acknowledges having had the opportunity to inspect the property prior to submitting this Offer and understands that upon acceptance of this Offer there shall be a binding agreement of purchase and sale between Buyer and Seller. The Buyer acknowledges having the opportunity to include a requirement for a property inspection report in this Agreement and agrees that except as may be specifically provide for in this Agreement, the Buyer will not be obtaining a property inspection or property inspection report regarding the property. '14 INSURANGE: All buildings on the property and all other things being purchased shall be and remain until completion at the risk of Seller. Pending completion, Seller shall hold all insurance policies, if any, and the proceeds thereof in trust for the parties as their interests may appear and in the event of substantial damage, Buyer may either terminate this Agreement and have all monies paid returned without interest or deduction or else take the proceeds of any insurance and complete the purchase. No insurance shall be transferred on completion. lf Seller is taking back a Charge/Mortgage, or Buyer is assuming a Charge/Mortgage, Buyer shall supply Seller with reasonable evidence of adequate insurance to protect Seller's or other mortgagee's interest on completion. 15. PLANNING AGT: This Agreement shall be effective to create an interest in the property only if Seller complies with the subdivision control provisions of the Planning Act by completion and Seller covenants to proceed diligently at his expense to obtain any necessary consent by completion. 16. DOCUMENT PREPARATION: The Transfer/Deed shall, save for the Land Transfer Tax Affidavit, be prepared in registrable form at the expense of Seller, and any Charge/Mortgage to be given back by the Buyer to Seller at the expense of the Buyer. lf requested by Buyer, Seller covenants that the Transfer/Deed to be delivered on completion shall contain the statements contemplated by Section 50(22) of the Planning Act, R.S.O. 1990. 17. RESIDENCY: Buyer shall be credited towards the Purchase Price with the amount, if any, necessary for Buyer to pay to the Minister of National Revenue to satisfy Purchaser's liability in respect of tax payable by Seller under the non-residency provisions of the lncome Tax Act by reason of this sale. Seller shall not claim such credit if Seller delivers on completion the prescribed certificate or a statutory declaration that Seller is not then a non-resident of Canada. 18, ADJUSTMENTS: Any rents, mortgage interest, realty taxes including local improvement rates and unmetered public or private utility charges and unmetered cost of fuel, as applicable, shall be apportioned and allowed to the day of completion, the day of completion itself to be apportioned to Buyer. 19. TIME LIMITS: Time shall in all respects be of the essence hereof provided that the time for doing or completing of any matter provided for herein may be extended or abridged by an agreement in writing signed by Seller and Buyer or by their respective lawyers who may be specifically authorized in that regard. 20. TENDER: Any tender of documents or money hereunder may be made upon Seller or Buyer or their respective lawyers on the day set for completion. Money may be tendered by bank draft or cheque certified by a Chartered Bank, Trust Company, Province of Ontario Savings Otfice, Credit Union or Caisse Populaire. 21. FAMILY LAW AGT: Seller warrants that spousal consent is not necessary to this transaction under the provisions of the Family Law Act, R.S.O. 1990 unless Seller's spouse has executed the consent hereinafter provided. 22. UFFI= Seller represents and warrants to Buyer that during the time Seller has owned the property, Seller has not caused any building on the property to be insulated with insulation containing ureaformaldehyde, and that to the best of Seller's knowledge no building on the property contains or has ever contained insulation that contains ureaformaldehyde. This warranty shall survive and not merge on the completion of this transaction, and if the building is part of a multiple unit building, this warrang shall only apply to that part of the building which is the subject of this transaction. 23. CONSUMER REPORTS: The Purchaser is hereby notified that a consumer report containing credit and/or personal information may be referred to in connection with this transaction. 24. AGREEMENT lN WRITING: lf there is conflict between any provision written or typed in this Agreement (including any Schedule attached hereto) and any provision in the printed portion hereof, the written or typed provision shall supersede the printed provision to the extent of such conflict. This Agreement including any Schedule attached hereto, shall constitute the entire Agreement between Buyer and Seller. There is no representation, warranty, collateral agreement or condition, which atfects this Agreement other than as expressed herein. This Agreement shall be read with all changes of gender or number required by the context. 25. SUCCESSORS AND ASSIGNS: The heirs, executors, administrators, successors and assigns of the undersigned are bound by the terms herein. Initials of Buyer:Initials of Seller: By-Law 2009-067 A By-Law to authorize the execution of a... Page 306 of 309 tlop 4 o$ 4 DATED at Ontario this _ day of SIGNED, SEALED lN THE lN WITNESS whereof I have hereunto set my 2009. (Date) (Date) PRESENCE OF: (Witness) PRESENCE OF: (Witness) hand and seal: (Buyer) (Witness)(Buyer) DATED at Tillsonburg, Ontario this _day of 2009. SIGNED, SEALED lN THE lN WITNESS whereof I have hereunto set my hand and seal: (Seller)(Date) (Witness) (Seller) (Date) SPOUSAL CONSENT: The Undersigned Spouse of the Seller hereby consents to the disposition evidenced herein pursuantto the provisions of the Family Law Act, R.S.O. 1990, and hereby agrees with the Buyer that he/she will execute all necessary or incidental documents to give full force and effect to the sale evidenced herein. (Witness)(Spouse) ACKNOWLEDGMENT (Date) I acknowledge receipt of my signed copy of this accepted Agreement of Purchase and Sale. I acknowledge receipt of my signed copy of this accepted Agreement of Purchase and Sale. (Buyer) (Buyer) Address for Service: Buyer's Lawyer: Address: Telephone No. Fax No. (Seller) (Seller) Address for Service: Seller's Lawyer: Address: Telephone No. Fax No. (Date) (Date) (Date) (Date) Initials of Buyer:Initials of Seller: By-Law 2009-067 A By-Law to authorize the execution of a... Page 307 of 309 Page 308 of 309 THE CORPORATION OFTHE MUMCIPALITY OF BAYIIAM BY-LAW NO.2009-070 A BY-LA\il TO CONF'IRM ALL ACTIONS OF THE COI]NCIL OFTIIE CORPORATION OF THE MT]NICIPALITY OF BAYHAM FOR THE REGIJLARMEETING HELD MAY 7,2009 WEEREAS under Section 5 (l) of the Municipal Act 2001 S.O. 2001, Chapter 25, the powers of a municipal corporation a¡e to be exercised by the Council of the municipality; AI\D WEEREAS under Section 5 (3) of the Municipal Ac! 2001, the powers of Council are to be exercised by byJaw; A¡lD LIEREAS the Council of the Corporation of the Municþality of Bayham deems it advisable that the proceedings of the meeting be confi.rmed and adopted by by-law. TEEREF'ORE TIIE COI]NCIL OF'TEE CORPORATION OF'TIIE MI]NICIPALITY OFBÄYHAM ENACTS AS FOLLO\ilS: 1. THAT the actions of the Council of the Corporation of the Municipality of Bayham in reE)ect of each recommendation and each motion and resolution passed and other action by the Council at the regular meeting held M ay 7 , 2009 is hereby adopted and confirmed as if all proceedings were expressly embodied in this byJaw. 2. THAT the Mayor and Clerk of the Corporation of the Municipality of Bayham are hereby authorized and directed to do a1l things necessary to give effect to the action ofthe Council including executing all documents and affixing the Corporate Seal. READ A trIRST, SECOND A¡ID THIRD TIME and fìnally passed this 7th day of May 2009. MAYOR CLERI( By-Law 2009-070 A By-law to confirm all actions of Counc... Page 309 of 309