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HomeMy WebLinkAboutApril 16, 2009 - CouncilCOUNCIL AGENDA THE CORPORATION OF THE MUNICIPALITY OF BAYHAM 9344 Plank Road, Straffordville Thursday, April 16, 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 March 26, 2009. (b Minutes of the regular meeting of council held April 2, 2009. (c Added Item(s) 4.DELEGATIONS (a 7:05 p.m. - Wanda Hoshal regarding Estherville cemetery Item 9(i) (b 7:20 p.m. - Jan Collins on behalf of the Vienna Skate Board Park Committee regarding Library building, services and Vienna downtown revitalization 5.INFORMATION ITEMS (a Copy of resolution passed by Tay Valley Township regarding "Fisheries management" File: C10 (b Correspondence dated April 3, 2009 from Elizabeth Ball regarding noise complaint along with letter of response from By-Law Enforcement Officer. File: C13 7-26 27-33 35 37-40 Page 1 of 403 Council Agenda April 16, 2009 Page 5.INFORMATION ITEMS (c Correspondence dated April 3 and 9, 2009 from Association of Municipalities of Ontario regarding "Energy Minister Extends Deadline for Public Sector Regulated Price Plan Eligibility" and "AMO Position on Bill 150, Green Energy and Green 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 (f 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: A16 (h Correspondence dated March 2009 from Ministry of Citizenship and Immigration regarding "Lincoln M. Alexander Award 2009". File: M02 (i Correspondence dated April 6, 2009 from Tourism London regarding "Annual General Meeting". File: A01 (j Lake Erie Region Source Protection Committee mintues of meeting held February 5, 2009. File E00 (k Correspondence dated March 31, 2009 from Stewardship Ontario regarding "Industry's 4th contribution to the Municipal Blue Box Recycling Program for 2008". File: E07 (l South West Local Health Integration Network highlights of meetings held during March 2009. File: A01 (m Correspondence dated April 8, 2009 from HELP Clean Water regarding "$150 Million HELP Clean Water project a go". File: M07 41-44 45-48 49-52 53-57 59-60 61 63 65-74 75 77 79 Page 2 of 403 Council Agenda April 16, 2009 Page 5.INFORMATION ITEMS (n Museums Bayham minutes of meeting held April 8, 2009. File: C06 (o Surveyor's Real Property Report regarding "Get to Know Your Property". File: A01 (p Correspondence dated April 11, 2009 from Susan Start regarding "Estherville Cemetery". File: C13 6.PLANNING, DEVELOPMENT, RECREATION & TOURISM (a Staff Report D2009-13 regarding Schafer Consent Applications E17, E18, E19/09. File D10.09 (b Staff Report D2009-14 regarding Daniel Road Use Agreement. File: L04 (c Staff Report D2009-15 regarding Road Access and Water/Sewer Services Permit Policy and Procedures. File: A09 7.ROADS, AGRICULTURE & DRAINAGE (a Staff Report DR2009-002 regarding Petition for Drainage from Abraham Peters. File: E09 (b Staff Report PR2009-10 regarding Road Closure Application - Concession 5 and South Gore. File: T09 (c Staff Report PR2009-09 regarding Designation of Lands as Part of Road System - Carson Line. File: L07 (d UNFINISHED BUSINESS - Staff Report PW2009-01 regarding Mail Box By-Law and insurance coverage (deferred from April 2, 2009) 81-84 85-88 89-90 91-113 115-120 121-125 127-130 131-134 135-137 Page 3 of 403 Council Agenda April 16, 2009 Page 7.ROADS, AGRICULTURE & DRAINAGE (e Staff Report PW2009-06 regarding By-Law #58 Landscaping Services. File: L04 (f Staff Report PW2009-07 regarding Street Lighting Locations. File: U13 8.PROPERTY, BUILDING & PROTECTIVE SERVICES (a Building Permit Report for the month ending March 31, 2009. File: P10 (b Staff Report P2009-014 regarding Emergency Management Program First Quarter Report. File: P16 (c Staff Report P2009-011 regarding Port Burwell Fire Station Renewal. File: P16 9.FINANCE, ADMINISTRATION & PERSONNEL (a Cheque Register being Cheque #6212 to Cheque #6310 inclusive, totaling $205,563.73 and Payroll Disbursements for the period ending April 5, 2009 totaling $47,677.77. (b Staff Report F2009-23 regarding Rates and Fees. File: F11 (c Staff Report F2009-24 regarding Financial Report. File: F03 (d Staff Report F2009-20 regarding Budget 2009. File: F05.09 (e Municipal Assistance Applications Summary - 2009 (as amended) spreadsheet and Value of Community Centre Fee Waivers spreadsheet. File: F11 (f Staff Report F2009-31 regarding Building Canada Fund Agreement. File: F05 139-152 153-154 155 157-158 159-162 163-175 177-179 181-218 219-229 231-234 235-274 Page 4 of 403 Council Agenda April 16, 2009 Page 9.FINANCE, ADMINISTRATION & PERSONNEL (g Staff Report H2009-07 regarding Performance Appraisal Program. File: H (h Staff Report C2009-05 regarding 2010 Election Items. File: C07 (i Correspondence dated April 13, 2009 from Wanda Hoshal regarding "Delegation to Duscuss Current Situation in Estherville". File: S09 (j Correspondence received from Bayham Historical Society regarding letterhead for the Historical Society. File: C13 (k Request from Tammy Thiessen to hold a wedding at the Port Burwell Memorial Park on August 15, 2009 with approximately 200 - 250 guests. (l Staff Report C2009-006 regarding Cemetery Care Services. File: L04 10.ENVIRONMENT (a Staff Report E2009-005 regarding MOE Drinking Water System Inspection Report. File: E03 (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 Clerk) File: E08 (c Correspondence dated March 31, 2009 from Elgin Area Primary Water Supply System regarding "Development of Regulations and Implications for the Lake Huron & Elgin Area Primary Water Supply Systems". File: E08 (d 2008 Year End Financial Statements for the Elgin Area Primary Water Supply System. File: E08 275-285 287-288 289 291 293-302 303-359 361 363-367 369-381 Page 5 of 403 Council Agenda April 16, 2009 Page 11.COMMITTEE OF THE WHOLE (a In Camera. (b Out of Camera. 12.BY-LAWS (a By-Law 2009-044 A By-Law to regulate the erection, construction and use of mail boxes (deferred from Apr 2) (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) (f 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) (h By-Law 2009-056 A By-law to confirm all actions of Council 13.ADJOURNMENT (a Adjournment 383-385 387 389-393 395 397 399 401 403 Page 6 of 403 COUNCIL MINUTES THE CORPORATION OF THE MUNICIPALITY OF BAYHAM 9344 Plank Road, Straffordville Thursday, March 26, 2009 7:00 p.m. 7:30,7240 & 7:50 p.m. - Public Meetings - Planning (Zoning) Notice of Intent to Pass a By-Law for Road Closure Lots 10 & 11, Conc. 8 The regular meeting of the Council of the Municipality of Bayham was held on Thursday, March 28, 2009 in the Council Chambers. Present were Deputy Mayor Cliff Evanitski, Councillors Mark Taylor, Wayne Casier and Ed Ketchabaw, Administrator Kyle Kruger and Clerk Lynda Millard. Mayor Lynn Acre was absent. Planning Co-ordinator Margaret Underhill and Water Wastewater Superintendent Ed Roloson were in attendance to persent their respective reports. 1. CALL TO ORDER Deputy Mayor Evanitski 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 Budget meeting held Tuesday, March 3, 2009. 2009-1 30 Moved by Councillor E Ketchabaw Seconded by Councillor W Casier "THAT the minutes of the Budget meeting held March 3, 2009 be approved as circulated." CARRIED UNANIMOUSLY (b) Minutes of the regular meeting of council held March 5, 2009. 2009-131 Moved by Councillor W Casier Seconded by Councillor E Ketchabaw "THAT minutes of the regular meet¡ng of Council held March 5, 2009 be approved as circulated." CARRIED UNANIMOUSLY Page 1 of20 Minutes of the regular meeting of council held March 26, 200... Page 7 of 403 Council Minutes (c) Minutes of the Special meeting held March 9,2009. 2009-132 Moved by Councillor E Ketchabaw Seconded by Councillor W Casier March 26,2008 "THAT the minutes of the Special meeting of council held March 9, 2009 be approved as circulated." CARRIED UNANIMOUSLY (d) Minutes of the Budget meeting held March 9, 2009. 2009-1 33 Moved by Councillor E Ketchabaw Seconded by Councillor W Casier "THAT the minutes of the Budget meeting held March 9, 2009 be approved as circulated." CARRIED UNANIMOUSLY (e) Added ltem(s) No items were added to the agenda 4. DELEGATIONS (a) 7:05 p.m. - Wanda Hoshal regarding new burial information (not available at time of printing) Mrs. Hoshal questioned whether the cemeteries regulation branch had confirmed attendance at the Estherville cemetery. The Administrator advised that his correspondence had been received however, the representative at the Cemeteries Regulations Unit is out of the office until April 15th. Due to her lack of new information Mrs. Hoshal requested that Council permit a presentation by Ms. Mae Leonard who had conducted a dowsing investigation at the Estherville site earlier in the day. Council consented. Ms. Leonard provided a brief outline of her dowsing ability and experiences. She noted that dowsing is used by the OPP and RCMP to assist in finding missing persons and ammunition storage tunnels. She reviewed her dowsing findings at the Estherville site, through maps and drawings identifying approximately 289 graves in the official part of the cemetery. She identified 13 rows of graves facing south. She also identified the location of the former Baptist church, an 80' x 40' drive shed, two smallseparate areas where negro and white burials had taken place, and a large burial area next to the road, all on the adjoining page 2 of 20 Minutes of the regular meeting of council held March 26, 200... Page 8 of 403 Council Minutes March 26,2008 property. She noted that the blacks were buried facing east behind the drive shed. As well, she suggested that soildisturbances were evident in the cemetery and on the property around where the new barn has been built. Ms. Leonard circulated two aerial photos and an old picture of cemetery monuments in disrepair. By considering the picture, the direction of sunlight indicated it was taken between 1:00 and 1:30 in the afternoon. With the identifying fence and utility pole landmarks, it is believed to be that of the Estherville cemetery prior to monument relocation and repair. Ms. Leonard noted that although there are no native burials in the site, there is an lndian burial ground nearby within the Plank Road allowance. She submitted photographs taken earlier in the day to the Clerk. (b) 7:15 p.m. - lsaac Froese regarding temporary housing for labourers ltem e.1(b) Mr. Froese advised that a US company has expanded the contracted acreage for cucumber crops. As a result, growers have a need for more temporary housing (approximately 6 months annually), for the migrant Mexican farm workers needed to harvest these crops. He suggested that Council consider requirements similar to Norfolk County for a solution. (c) 8:05 p.m. - Doug Lester, Otter Valley Chamber of Commerce regarding Dredging Application process Mr. Lester reported that dredging would not be able to proceed at this time. He added that $17,000 had been raised. He noted that ice movement had created a depth of 11' at the end of the pier. Noting that further out there may be only 1/r' depth, he added that soundings will continue. (d) 8:15 p.m. - Mary Taylor regarding Vienna library closure ltem 9(b) Ms. Taylor noted her concern regarding the loss of services and an historic landmark with the closure of the Vienna Library proposed by Elgin County. She suggested many of the local school children would suffer from the loss of library availability in Vienna. She encouraged Council to make an effort to save the remains of local services and history. (e) 8:30 p.m. - Ryan Cox, OPP Detachment Commander, lan Chapel, Staff Sergeant and John Wilson, Police Services Board regarding 2009 Annual Report and PSB Budget ltem 8(b) Mr. Wilson presented the 2009 Police Services Budget. He noted the 2008 reconciliation resulted in a credit of $45,541. R. Cox presented his 2008 annual repoft. He noted that the jury selection for the Bandito murder trial was nearly complete and would start soon in London. He noted that these costs are being spread over the Elgin Group. I. Chapel presented the 2009 Business Plan. He noted the importance of using the statistics count over the previous two year Page 3 of20 Minutes of the regular meeting of council held March 26, 200... Page 9 of 403 Council Minutes March 26,2008 term to determine the crime trend and plan counter actions. 5. INFORMATION ITEMS (a) Copy of Resolution passed February 11,2009 by the City of Greater Sudbury regarding "Regulation and Provision of Resources to Monitor Retirement Homes". File: C10 (b) Copy of Resolution passed March 10, 2009 by the Municipality of South Bruce regarding funding to Ontario Conservation Authorities. File: C10 (c) Correspondence dated March 5, 9, 13, 17 and 20, 2009 from Association of Municipalities of Ontario regarding "Pedestrian-Focused Commu n ities Events for M unicipal ities", "Pesticides Ba n", "Province Hosting Workshops on Renewable Energy Approval Process Proposed in Bill 150 (Green Energy Act)", "Federal Rules changed for Building Canada Fund Projects with Provincial Environmental Assessments u nti I 2011" and "Province Announces Poverty Reduction Measures: New Housing Funding and lncrease to Provinically Funded Ontario Child Benefit". File:401 (d) Correspondence dated March 4,2009 from Ontario Good Roads Association regarding "Ontario's Cosmetic Pesticides Ban WillTake Effect This Spring". File: 401 (e) Correspondence from LocalAuthority Services Ltd. regarding "LAS Launches The Municipal Energy Performance Benchmarking Project". File: F12 ln response to a question about the LAS program, staff advised that the municipality would be participating in the Energy Performance Benchmarking Project beyond the three buildings already assessed by Stantec. (f) Minutes of Bayham Historical Society meeting held February 12,2009. File: C06 (g) Minutes of Bayham Health & Safety Committee meeting held February 27 ,2009. File: C06 (h) Minutes of Museums Bayham meeting held March 11,2009. File: C06 (i) Correspondence dated January 2009 from FUNdraising Friday Committee regarding "Walk Across Canada in a Day - Friday, May 1st, 2009". File:A01 Ü) "UPDATE" dated February 2009 from Ministry of MunicipalAffairs and Housing. File:A16 (k) Correspondence received March 3, 2009 from Polaris lnstitute regarding "Encouraging the consumption of tap water over bottled water". File: 401 (l) Correspondence dated March 4,2009 from Canada Border Services Agency regarding "Document requirements to enter the United States by land and water". File:A16 (m) Correspondence dated March 2,2009 from Elgin County Rural lnitiatives Page 4 of20 Minutes of the regular meeting of council held March 26, 200... Page 10 of 403 Council Minutes March 26,2008 Committee "Snow clearing at the Canada Post community mailboxes". File:416 (n) Correspondence dated March 2,2009 from County of Elgin regarding "The Cost and lmplementation Schedule of the New AODA Standards". File:416 (o) Correspondence dated March 2,2009 from Ontario Small Urban Municipalities regarding "2009 OSUM Conference & Trade Show". File: 404 (p) Correspondence dated March, 2009 from Minister Responsible for Seniors regarding "2009 Senior of the Year Awards". File: A16 (q) Corespondence received March 10, 2009 from Senior Vice-President, Corporate Social Reponsibility, Canada Post regarding "The 2009 Canada Post Community Literacy Awards". File: M02 (r) Correspondence from Parks Canada regarding "National Historic Sites of Canada Cost-Sharing Program". File: A16 (s) Correspondence dated March 2, 1009 from Municipality of Thames Centre regarding "Municipal lmpact - Collapse of Recycled Materials Commodities Market". File: A1 6 (t) Correspondence dated March 16, 2009 from Ministry of Energy and lnfrastructure and Ministry of Agriculture, Food and Rural Affairs regarding "OSWAP-2 funding". File: F11 (u) Correspondence dated March 16, 2009 from Ministry of MunicipalAffairs and Housing regarding "Earth Hour". File:416 (v) Correspondence dated March 16, 2009 from Ministry of the Environment and Ministry of Natural Resources regarding "lmplementation of the Great Lakes - St. Lawrence River Basin Sustainable Water Resources Agreement". File:416 (w) Correspondence dated February 6, 2009 from Statistics Canada regarding "Data warehouse about small and medium enterprises". File: A16 (x) Correspondence received March 17,2009 from Coaches Association of Ontario regarding "Ontario Coaches Week". File:A01 (V) Correspondence dated March 9, 2009 from Hydro One Networks lnc. regarding "Hydro One 2008 Delivery Rate Changes". File: E06 2009-134 Moved by Councillor E Ketchabaw Seconded by Councillor W Casier "THAT information items 5(a)through 5(y) be received for information." CARRIED UNANIMOUSLY Page 5 of20 Minutes of the regular meeting of council held March 26, 200... Page 11 of 403 Council Minutes Resolution for lnformation ltem 5(b) 2009-1 35 Moved by Councillor W Casier Seconded by Councillor M Taylor March 26,2008 "THAT the Council of the Municipality of Bayham supports the resolution #M09-099 of the Municipality of South Bruce passed March 10, 2009 regarding Gonservation Authority provincial funding." CARRIED UNANIMOUSLY 6. PLANNING. DEVELOPMENT. RECREATION & TOURISM 1. CORRESPONDENCE & REPORTS (a) Request from lsaac Froese regarding "Temporary Housing for Labour". File: C13 2009-1 36 Moved by Councillor W Casier Seconded by Councillor M Taylor "THAT request from lsaac Froese regarding "Temporary Housing for Labour" be received; AND THAT the issue be forwarded to the Municipal/ Bayham Chamber of Commerce Municipal Liason Committee for comment." CARRIED UNANIMOUSLY (b) Correspondence dated March 2,2009 from lBl Group regarding "Green Energy Act 2009 Review". File: D08 2009-137 Moved by Councillor M Taylor Seconded by Councillor W Casier "THAT Correspondence dated March 2,2009 from lBl Group regarding "Green Energy Act 2009 Review" be received for information." CARRIED UNANIMOUSLY (c) Staff RepoftD2009-12 regarding Schwartz Consent Application E15/09. File: D10 2009-1 38 Moved by Councillor W Casier Seconded by Councillor E Ketchabaw Page 6 of20 Minutes of the regular meeting of council held March 26, 200... Page 12 of 403 Council Minutes March 26,2008 "THAT Staff Report D2009-12 regarding Schwartz Consent Application E15/09 be received; AND THAT Gouncil recommends to the Elgin County Land Division Committee that severance application El5/09, submitted by Samuel and Mary Schwartz, be approved subject to:1. copy of a final survey provided to the municipality 2. $500 cash-in-lieu parkland dedication fee 3. apportionment of assessment for drainage as per the Drainage Act, as required4. rezoning of both retained and severed parcels 5. Road Access permit, as required." Councillor Taylor noted his opposition to decisions made based on assessment mapping not necessarily being correct and requested a recorded vote. ln Favour Gouncillor Gasier Deputy Mayor Evanitski Gouncillor Ketchabaw Opposed Gouncillor Taylor Motion Carried on a vote of 3 to 1 in favour 2. PUBLIC MEETING 2009-1 39 Moved by Councillor E Ketchabaw Seconded by Councillor W Casier "THAT the Gouncil meeting be adjourned in order to hold a Public Meeting pursuant to the provisions of the Planning Act." CARRIED UNANIMOUSLY 1. Public Meetinq 7:30 p.m. (a) 7:40 p.m. (due to delegation time overrun) Rezoning Application: to change the zoning on a 0.56 hectare (1.4 acre) parcel from Agricultural (41) zone to the Rural Residential (RR) Zone PageT of20 Minutes of the regular meeting of council held March 26, 200... Page 13 of 403 Council Minutes March 26,2008 submitted by Bill Rimnyak. 2. Declaration of Pecuniarv lnterest and the General Nature Thereof None 3. Staff Presentation (a) Staff Report D2009-09 was presented by the Planning Co- ordinator. She advised that no written comments or concerns from the public had been received. File D14 4. Public Comments None 5. Council Comments and Questions Councillor Ketchabaw requested the resolution reflect "Special Agriculture (A-2). 6. Adiournment (a) Adjournment of Public Meeting 2009-140 Moved by Councillor W Casier Seconded by Councillor E Ketchabaw "THAT the Public Meeting be adjourned at 7=52." CARRIED UNANIMOUSLY 7. Disposition of ltem (a) Disposition of ltem 2009-141 Moved by Councillor Casier Seconded by Councillor Ketchabaw "THAT Staff Report D2009-09 regarding Rimnyak Rezoning Surplus Dwelling be received; AND THAT the zoning of those lands located at7057 Plank Road in Concession 4 Part Lot 15 owned by Bill Rimnyak, subject to Elgin County Land Division Consent Application E98/08 severed parcel, be changed from Agricultural (41)to Rural Residential (RR) Zone and retained parcelto Special Agriculture (42) to permit the severance of a surplus farm dwelling; AND THAT Zoning By-law 2568-2009 be presented for enactment." Page 8 of20 Minutes of the regular meeting of council held March 26, 200... Page 14 of 403 Council Minutes March 26,2008 Councillor Taylor noted his opposition to decisions made based on assessment mapping nof necessarily being correct and requesfed a recorded vote. In Favour Opposed Councillor Casier Councillor Taylor Deputy Mayor Evanitski Councillor Ketchabaw Motion Carried on a vote of 3 to 1 in favour 3. PUBLIC MEETING 2009-142 Moved by Councillor W Casier Seconded by Councillor E Ketchabaw "THAT the Council meeting be adjourned in order to hold a Public Meeting pursuant to the provisions of the Planning Act." CARRIED UNANIMOUSLY 1. Public Meetinq 7:40 p.m. (a) 7:54 p.m. - Rezoning Application to change the zoning on a 56 hectare (138 acre) parcelfrom Agricultureal (41-A) zone to Agricultural (41) zone submitted by Samuel and Mary Schwartz. 2. Declaration of Pecuniarv lnterest and the General Nature Thereof None 3. Staff Presentation (a) Staff Report D2009-10 regarding Swartz Rezoning was presented by the Planning Co-ordinator. She advised that no written comments or concerns from the public had been received. 4. Public Comments None 5. Council Comments and Questions None 6. Adiournment (a) Adjournment of Public Meeting 2009-143 Moved by Councillor E Ketchabaw Seconded by Councillor W Casier Page9 of20 Minutes of the regular meeting of council held March 26, 200... Page 15 of 403 Council Minutes March 26,2008 "THAT the Public Meeting be adjourned at 7:57 p.m." CARRIED UNANIMOUSLY 7. Disposition of ltem (a) Disposition of ltem 2009-144 Moved by Councillor W Casier Seconded by Councillor E Ketchabaw "THAT Staff Report D2009-10 regarding Schwartz Rezoning be received; AND THAT the zoning of those lands located at 53609 Eden Line in Concession I Part Lots I & 2 owned by Samuel and Mary Schwartz, subject to Elgin County Land Division Consent Application El5/09, be changed from Agricultural (41-A) to Agricultural (41) Zone to permit the severance of a farm parcel; AND THAT Zoning By-law 2569-2009 be presented for enactment." Councillor Taylor noted his opposition to decisions made based on assessment mapping not necessarily being correct and requesúed a recorded vote. ln Favour Opposed Councillor Casier Councillor Taylor Deputy Mayor Evanitski Councillor Ketchabaw Motion Carried on a vote of 3 to 1 in favour 4. PUBLIC MEETING 2009-145 Moved by Councillor E Ketchabaw Seconded by Councillor W Casier "THAT the Gouncil meeting be adjourned in order to hold a Public Meeting pursuant to the provisions of the Planning Act." CARRIED UNANIMOUSLY 1. Public Meetinq 7:50 p.m. (a) 7:58 p.m. - Rezoning Application to change the zoning on a 0.46 acre parcel of land from Special Agricultureal (A2)Zone to the Rural Residential (RR)Zone submitted by Nez Farms Limited. 2. Declaration of Pecuniarv lnterest and the General Nature Thereof None Page 10 of20 Minutes of the regular meeting of council held March 26, 200... Page 16 of 403 Council Minutes 3. Staff Presentat¡on March 26,2008 (a) Staff Report D2009-11 regarding Nez Farms Limited Rezoning was presented by the Planning Co-ordinator. She advised no written comments or concerns from the public had been received. File: D14 4. Public Comments None 5. CouncilGomments and Questions None 6. Adiournment (a) Adjournment of Public Meeting 2009-146 Moved by Councillor W Casier Seconded by Councillor E Ketchabaw "THAT the Public Meeting be adjourned at 8:03 p.m." CARRIED UNANIMOUSL 7. Disposition of ltem (a) Disposition of ltem 2009-147 Moved by Councillor E Ketchabaw Seconded by Councillor W Casier "THAT Staff Report D2009-11 regarding Nez Farms Limited Rezoning be received; AND THAT the zoning of those lands located in Concession 3 Lot 22 owned by Nez Farms Limited, subject to Elgin Gounty Land Division Consent Application El4109, be changed from SpecialAgriculture (42) to Rural Residential (RR) Zone to premit the severance of a parcel to add to an existing adjacent residential lot; AND THAT Zoning By-law Z,570-2009 be presented for enactment." Councillor Taylor noted his opposition to decisions made based on assessment mapping not necessarily being correct and requesfed a recorded vote. ln Favour Opposed Councillor Casier Councillor Taylor Deputy Mayor Evanitski Page 1l of20 Minutes of the regular meeting of council held March 26, 200... Page 17 of 403 Council Minutes March 26,2008 Councillor Ketchabaw Motion Carried on a vote of 3 to 1 in favour 7. ROADS. AGRICULTURE & DRAINAGE (a) Notice of lntent to Pass Road Closure By-Law Staff Report PR2009-07 regarding Road Closure Application - Lots 10 and 1 1 , Concession 8. File: T09 The Report was presented by the Administrator. He advised that no verbal or written comments had been received from any persons claiming their lands would be prejudicially affected by the closure. There were no verbal public or Council comments. 2009-148 Moved by Councillor E Ketchabaw Seconded by Councillor W Casier "THAT Staff Report PR2009-07 regarding Road Closure Application - Lots l0 and 11, Concess¡on 8 be received; AND THAT By-law No. 2009-032, being a by-law to stop up, close and convey part of the road allowance between Lots 10 and I l, Concession 8, designated as part I and2 on Plan 11R-9042, be presented to Gouncil for enactment." Councillor Taylor noted his opposition to decisions made based on assessrnent mapping not necessarily being correct and requested a recorded vote. ln Favour Opposed Councillor Casier Councillor Taylor Deputy Mayor Evanitski Councillor Ketchabaw Motion Carried on a vote of 3 to 1 in favour (b) Notice of Project lmplementation issued February 2,2009 by the County of Elgin regarding "Black Bridge Replacement Over Little Otter Creek". File:T04 2009-149 Moved by Councillor W Casier Seconded by Councillor E Ketchabaw "THAT Notice of Project lmplementation issued February 2,2009 by the County of Elgin regarding Black Bridge Replacement Over Little Otter Creek be received for information." CARRIED UNANIMOUSLY Page 12 of20 Minutes of the regular meeting of council held March 26, 200... Page 18 of 403 (c) Council Minutes March 26,2008 Copy of Resolution passed by the Municipality of Middlesex Centre on February 4,2009 regarding "Department of Fisheries and Oceans Requirements pertaining to Drainage Works and Bridge Reconstruction". File: C10 2009-1 50 Moved by Councillor W Casier Seconded by Councillor M Taylor "THAT copy of Resolution passed by the Municipality of Middlesex Centre on February 4,2009 regarding Department of Fisheries and Oceans Requirements pertaining to Drainage Works and Bridge Reconstruction be received; AND THAT the Gouncil of the Municipality of Bayham supports the resolution.: CARRIED UNANIMOUSLY Event Road Closure Request Form from Straffordville Community Committee regarding "Watermelon Fest". File: R06 2009-1 51 Moved by Councillor W Casier Seconded by Councillor M Taylor "THAT the Event Road Glosure Request Form from Straffordville Community Gommittee regarding Watermelon Fest be received; THAT Council grants permission to use municipal streets within Straffordville for parade purposes; THAT Old Chapel Street south from Heritage Line to Plank Road be closed during the parade; THAT Gouncil requests permission from the County of Elgin to use Plank Road from Third Street, south to Heritage Line and Heritage Line west to the Bayham Community Centre on Saturday August 29,2009 between 9:30 and 11:00 a.m. during the Parade in Straffordville subject to the organizers:tr providing the municipality with proof of liability insurance to cover all events including naming the municipality as an additional insured; o obtaining the necessary approvals from the Ontario Provincial Police and the Bayham Fire Ghief (as per completion of the Municipal Road Close Notice and parade route mapping); THAT the Manager of Public Works be directed to make the necessary arrangements for traffic control and safety; AND THAT the clean up of the park area be the responsibility of Page 13 of20 (d) Minutes of the regular meeting of council held March 26, 200... Page 19 of 403 Council Minutes the organizers." CARRIED UNANIMOUSLY 8. PROPERTY. BUILDING & PROTECTIVE SERVICES March 26,2008 (a) Email correspondence dated March 11,2009 from Doug Lester requesting "Permission for Contained Fire on Easter Morning". File: C13 2009-152 Moved by Councillor M Taylor Seconded by Councillor W Casier "THAT correspondence dated March 11,2009 from Doug Lester requesting Permission for Gontained Fire on Easter Morning be received; AND THAT the Gouncil of the Municipality of Bayham approves the use of East Beach for a sunrise service by the Trinity and St. Luke's Anglican Parish on April l2th subject to the provision of proof of liability insurance." CARRIED UNANIMOUSLY (b) Request from the Calton Community to use the Municipal sign to advertise Calton Hall CharityAuction. File: C13 2009-1 53 Moved by Councillor W Casier Seconded by Councillor E Ketchabaw "THAT the request from the Calton Gommunity to use the Municipalsign to advertise Galton Hall Charity Auction be received; AND THAT approval be granted to use the sign subject to municipal needs." CARRIED UNANIMOUSLY (c) ELGIN Group Police Seruices Board 2008 Annual Report and Ontario Provincial Police 2009 Business Plan. File P17 2009-154 Moved by Councillor E Ketchabaw Seconded by Councillor W Casier "THAT Elgin Group Police Services Board 2008 Annual Report and Ontario Provincial Police 2009 Business Plan be received for information." CARRIED UNANIMOUSLY 9. FINANCE. ADMINISTRATION & PERSONNEL Page 14 of20 Minutes of the regular meeting of council held March 26, 200... Page 20 of 403 Council Minutes March 26,2008 (a) Cheque Register being Cheque #6084 to Cheque #6181inclusive, except Cheques #6130 and #6148 totaling $1,245,661 .24 and Payroll Disbursements for the period ending March 8, 2009 totaling $50,499.79. 2009-1 55 Moved by E Ketchabaw Seconded by W Casier "THAT Cheque Register being Cheque #6084 to Gheque #6181 inclusive, except Cheques #6130 and #6148 totaling $1,245,661 .24and Payroll Disbursements for the period ending March 8, 2009 totaling $50,499.79 be approved." CARRIED UNANIMOUSLY (b) Correspondence dated March 20,2009 from Mary Taylor regarding "Vienna Library closure". File: C13 2009-1 56 Moved by Councillor W Casier Seconded by Councillor M Taylor "THAT Gorrespondence dated March 20,2009 from Mary Taylor regarding Vienna Library closure be received for information." CARRIED UNANIMOUSLY (c) Staff Report C2009-03 regarding Vienna Library Services. File: R02 Councillor Ketchabaw questioned whether library resources / staff were being re- allocated. The Administrator suggested that it appears there would be a reduction. 2009-157 Moved by Councillor M Taylor Seconded by Councillor W Casier "THAT Staff Report C2009-03 regarding Vienna Library Services be received for information." CARRIED UNANIMOUSLY (d) Staff Report H2009-04 regarding Amendments to Non-Union Personnel Policy. File: H 2009-1 58 Moved by Councillor W Casier Seconded by Councillor M Taylor "THAT Staff Report H2009-04 regarding Amendments to Non- Union Personnel Policy be received; AND THAT By-Law No. 2009-035 to amend the Non-Union Personnel Policy be presented to Council for enactment." CARRIED UNANIMOUSLY Page 15 of20 Minutes of the regular meeting of council held March 26, 200... Page 21 of 403 Council Minutes March 26,2008 (e) Staff Report PR2009-08 regarding Harbour Facilities RFP 2009. File: 104 2009-1 59 Moved by Councillor M Taylor Seconded by Councillor W Casier "THAT Staff Report PR2009-08 regarding Harbour Facilities RFP 2009 be received; AND THAT By-Law No. 2009-033 to authorize an agreement with Ron Bradfield, Bradcranex lnc. to operate the municipal Black Docks, boat launch, and finger docks for 2009 be presented to Council for enactment." CARRIED UNANIMOUSLY (f) Staff Memorandum PW2009-01 regarding Resolution of Council - 106. File: T00 2009-1 60 Moved by Councillor W Casier Seconded by Councillor M Taylor "THAT Staff Memorandum PW2009-01 regarding Resolution of Council - 106 be received; AND THAT the Gounty of Elgin be requested to consider pedestrian enhancements on the shoulders of the Vienna hill on Plank Road as soon as possible." CARRIED UNANIMOUSLY (g) Email correspondence dated March 18, 2009 from County of Elgin requesting waiver of fees for use of the Bayham Community Centre for public meeting. File: T06 2009-1 61 Moved by Councillor M Taylor Seconded by Councillor W Casier "THAT request from Gounty of Elgin requesting waiver of fees for use of the Bayham Community Centre for public meeting be received; AND THAT Council approves the fee waiver request, AND THAT the County of Elgin be responsible for the cleaning fees only." CARRIED UNANIMOUSLY (h) Staff Report F2009-16 regarding Telus Banking Agreement. File: F04lL04 2009-162 Moved by Councillor W Casier Page 16 of20 Minutes of the regular meeting of council held March 26, 200... Page 22 of 403 Council Minutes March 26,2008 Seconded by Councillor M Taylor "THAT Staff Report F2009-16 regarding Telus Banking Agreement be received; AND THAT by-law 2009-036 being a by-law to authorize the execution of an agreement between the Municipality of Bayham and Telus Gash Management Solutions GP for the provision of electronic bill Payment seryices be presented to Councilfor enactment." CARRIED UNANIMOUSLY (i) Staff Report F2009-17 regarding Tax Review Agreement. File: F04lL04 2009-1 63 Moved by Councillor W Casier Seconded by Councillor E Ketchabaw "THAT Staff Report F2009-17 regarding Tax Review Agreement be received; AND THAT by-law 2009-037, being a by-law to authorize the execution of an agreement between the Municipality of Bayham and R&T Tax Management lnc. for the provision of tax review services, be presented to Council for enactment." CARRIED UNANIMOUSLY 10. ENVIRONMENT (a) 2008 Annual Summary Report for Municipal Water Systems. File: E08 2009-164 Moved by Councillor M Taylor Seconded by Councillor W Casier "THAT 2008 Annual Summary Report for Municipal Water Systems be received for information." CARRIED UNANIMOUSLY (b) Staff Report E2009-04 regarding Waste Management Services. File: E07 2009-1 65 Moved by Councillor W Casier Seconded by Councillor M Taylor "THAT Staff Report E2009-04 regarding Waste Management Services be received; AND THAT Council authorize the extension of contracts with Norfolk DisposalSeruices Limited, forthe provision of weekly Waste Disposal, Collection of Residential and Gommercialwaste, bulk collection bins, and for the provision of weekly collection and disposal of recyclables, as outlined in Report E2009-004, for a Page I7 of20 Minutes of the regular meeting of council held March 26, 200... Page 23 of 403 Council Minutes March 26,2008 per¡od to expire June I ,2011. AND THAT a by-law be prepared to extend the contracts" CARRIED UNANIMOUSLY (c) Staff Report F2009-18 regarding Ontario Small Waterworks Assistance. File: F05 2009-1 66 Moved by Councillor W Casier Seconded by Councillor M Taylor "THAT Staff Report F2009-18 regarding Ontario SmallWaterworks Assistance be received; AND THAT By-Law No. 2009-041, being a by-law to authorize an agreement between the Municipality of Bayham and Her Majesty the Queen in Right of Ontario be presented to Councilfor enactment." CARRIED UNANIMOUSLY MOTION TO EXTEND LENGTH OF MEETING 2009-167 Moved by Councillor M Taylor Seconded by Councillor W Casier 'THAT in accordance with Section 12 of Procedural By-law 2002- 93, Council shall deal with business until 1l p.m. at its meeting of March 26,2009." CARRIED UNANIMOUSLY II. COMMITTEE OF THE WHOLE (a) ln Camera. 2009-1 68 Moved by M Taylor Seconded by E Ketchabaw "THAT the Gouncil do now rise to enter into an "ln Camera" Session of Gommittee of the Whole at 10:30 p.m. to discuss: . litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board." CARRIED UNANIMOUSLY (b) Closed session minutes of the Closed Session Budget meeting held Tuesday, March 3, 2009. Page 18 of20 Minutes of the regular meeting of council held March 26, 200... Page 24 of 403 Council Minutes March 26,2008 (c) Closed Session minutes of the Regular meeting held Thursday, March 5, 2009. (d) Closed Session minutes of the Special Closed Session meeting held Monday, March 9, 2009. (e) Confidential Report regarding legal matter. (f) Out of Camera. 2009-1 69 Moved by E Ketchabaw Seconded by M Taylor "THAT the Committee of the Whole do now rise from the "ln Gamera" session at 10:38 p.m." CARRIED UNANIMOUSLY 12. BY.LAWS (a) By-Law 2568-2009 A By-Law to further amend Bayham Zoning By-Law Z456 -2003 ( Ri m nya k) (b) By-Law 2569-2009 A By-Law to further amend Bayham Zoning By-Law 2569 -2009 (Schwartz) (c) By-Law 2570-2009 A By-Law to further amend Bayham Zoning By-Law 2456-2003 (Nez Farms Limited) (d) By-Law 2009-032 A By-Law to Stop Up, Close and Convey part of unopened road allowance (Lots 10 & 1 1 , Concession 8) (e) By-Law 2009-033 A By-Law to authorize the execution of a lease agreement (Bradfield) (f) By-law 2009-034 A By-Law to authorize the execution of an agreement (Walsh) (g) By-Law 2009-035 A By-Law to amend Bayham By-Law 2002-98 (Non-Union Personnel Policy) (h) By-Law 2009-036 A By-Law to authorize the execution of an agreement (Telus Cash Management Solutions) (i) By-Law 2009-037 A By-Law to authorize the execution of an agreement (R&T Tax Management) ü) By-Law 2009-038 A By-Law to establish a tax reduction program (Heritage Properties) (k) By-Law 2009-041A By-Law to authorize the execution of an agreement (Ontario Small Waterworks Assistance Program - Part2) 2009-170 Page t9 of20 Minutes of the regular meeting of council held March 26, 200... Page 25 of 403 Council Minutes March 26,2008 Moved by Councillor W Casier Seconded by Councillor E Ketchabaw 'TH AT By-Laws 2568-2009, Z:569 -2009, Z:57 0 -2009, 20 09'0 32, 2009' 033, 2009-034, 2009-035, 2009-036, 2009-037, 2009-038 and 2009- 041 be read a first, second and third time and finally passed." CARRIED UNANIMOUSLY (l) By-Law 2009-042 A By-Law to confìrm all actions of Council 2009-171 Moved by Councillor E Ketchabaw Seconded by Councillor W Casier *THAT confirming By-Law 2009-042 be read a first, second and third time and finally passed." CARRIED UNANIMOUSLY I3. ADJOURNMENT (a) Adjournment 2009-172 Moved by Councillor M Taylor Seconded by Councillor W Casier "THAT the Council meeting be adjourned at 10:40 p.m." CARRIED UNANIMOUSLY MAYOR Page2} of20 Minutes of the regular meeting of council held March 26, 200... Page 26 of 403 COUNCIL MINUTES THE CORPORATION OF THE MUNICIPALITY OF BAYHAM 9344 Plank Road, Straffordville Thursday, April2, 2009 7:00 p.m. The regular meeting of the Council of the Municipality of Bayham was held on Thursday, Aprj.lZ, 2009 in the Council Chambers. Present were Mayor Lynn Acre, Deputy Mayor Cliff Evanitski, Councillors Mark Taylor, Wayne Casier and Ed Ketchabaw, Administrator Kyle Kruger and Clerk Lynda Millard. Public Works Manager Gerry LeMay was in attendance to present his 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 Budget meeting held March 23,2009. The Mayor advised that the County had requested a resolution from Council to support the Vienna Library closure. She inquired whether there was interest in further discussion. Council declined at this time. 2009-173 Moved by Councillor W Casier Seconded by Councillor M Taylor "THAT the minutes of the Budget meeting held March 23,2009 be approved as circulated." CARRIED UNANIMOUSLY (b) Added Item(s) The Clerk advised of the addenda circulated adding item 9e and By-laws 2009- 050 and 2009-051 2009-174 Moved by Councillor M Taylor Seconded by Councillor W Casier "THAT in accordance with Section 21 of Procedural Bylaw 2002-93, tn item regarding potential litigation and discussion regardÍng placement of a Tulip tree be added to the agenda as items 11(b) and 9(f) respectively.rr CARRIED UNANIMOUSLY Page 1 of8 Minutes of the regular meeting of council held April 2, 2009... Page 27 of 403 Council Minutes Ãpril2,2009 4. DELEGATIONS 5. INF'ORMATION ITEMS (a) Copy of Resolution passed March 9,2009 by the Municipalþ of Grey Highlands regarding "Removal of local land use planning controls for renewable energy facilities". File: Cl0 (b) Copy of resolution passed March 10, 2009 by the Council of the Corporation of the County of Elgin regarding "Egg Farrners of Ontario". File: Cl0 (c) Correspondence dated March 26,2009 from Association of Municipalities of Ontario regarding "Budget Confirms Offsets for the Cost of PST/GST Harmonization and Anticipated Infrastructure Stimulus lnvestment" and "lnvitation to Consult - Great Lakes Vision, Goals and Strategies". File: 401 (d) Special Edition Newsletter dated Winter 2009 from Carolinian Canada regarding "Species and Habitats at Risk. File: Al6 2009-175 Moved by Councillor W Casier Seconded by Councillor M Taylor "TIIAT information items 5(a) through 5(d) be received for information; AND THAT the resolution from the Municipality of Grey Highlands passed March 9th be supported.'f CARRIED UNANIMOUSLY 6. PLANNING. DEVELOPMENT. RECREATION & TOURISM (a) No Items 7. ROADS. AGRICULTURE & DRAINAGE (a) Staff Report DR2009-001 regarding Bartley Drain Assessment Schedule. File: E09 2009-t76 Moved by Councillor E Ketchabaw Seconded by Councillor W Casier TTTHAT StaffReport DR2009-001 regarding Bartley Drain Assessment Schedule be received; AND THAT Council of the Municipality of Bayham retain the services of Spriet Associates to prepare a new assessment schedule for the Bartley Municipal Drain and that the subject costs be paid by Mr. Abraham Peters." CARzuED UNANIMOUSLY Page 2 of8 Minutes of the regular meeting of council held April 2, 2009... Page 28 of 403 Council Minutes April2,2009 (b) Staff Report PW2009-01 regarding Mail Box By-Law. File: 409 In response to concerns raised regarding potential conflict with Canada Post jurisdiction, the Public Works Manager advised that his main concern is driver safety and mitigation of potential for municipal liability. Staff was directed to confer with the insurer for clarification. 2009-r77 Moved by Councillor W Casier Seconded by Councillor E Ketchabaw f TTHAT Staff Report PW2009-01 regarding Mail Box By-Law be deferred." CARRIED UNANIMOUSLY (c) Staff Report PW2009-02 regarding Half Loads By-Law. File: 409 2009-178 Moved by Councillor E Ketchabaw Seconded by Councillor C Evanitski TTTHAT Staff Report PW2009-02 regarding Half Loads By-Law be received; A¡ID THAT Bylaw No. 2009-045, to designate half loads restrictions on roads within the boundaries of the Municipality of Bayham be presented to Council for enactment." CARRIED UNANIMOUSLY (d) Staff Report PW2009-03 regarding Winter Control Policy. File: 409 2009-t79 Moved by Councillor E Ketchabaw Seconded by Councillor W Casier "TIIÁ.T Staff Report PW2009-03 regarding Winter Control Policy be received; AND THAT Bylaw No.2009-047,to adopt a winter control policy be presented to Council for enactment.f r CARRIED LINANIMOUSLY (e) Staff Report PW2009-04 regarding Cost Recovery By-Law. File: 409 2009-180 Moved by Councillor E Ketchabaw Seconded by Councillor W Casier "THAT Staff Report PW2009-04 regarding Cost Recovery By-Law be received; AND THAT By-Law No. 2009-046, to regulate the repairs and payments for repairs to municipal property within the Municipality of Bayham along municipal roadways when damaged by an individual be presented to Council Page 3 of8 Minutes of the regular meeting of council held April 2, 2009... Page 29 of 403 Council Minutes April2,2009 for enactment.rr CARRIED I.JNANIMOUSLY 8. PROPERTY. BUILDING & PROTECTIVE SERVICES (a) No Items 9. FINA¡ÍCE. ADMINISTRATION & PERSONNEL (a) Cheque Register being Cheques #6182 to Cheque #6211 inclusive totaling $34,081.87 and Payroll Disbursements for the period ending March 22,2009 totaling 547,102.12. 2009- 1 8 1 Moved by Councillor C Evanitski Seconded by Councillor E Ketchabaw "TIIAT Cheque Register being Cheques #6182 to Cheque #6211inclusive totaling $34,081.87 and Payroll Disbursements for the period ending March 22,2009 totaling 547,102.12 be approved." CARRIED UNANIMOUSLY (b) Staff Report F2009-19 regarding Municipal Assistance Program 2009. File: Fl l It was noted that since submission of the applications, the Straffordville Firefighters Association has requested use of the Vienna Community Centre for one more event, and no submission was received from the Straffordville Lions Club (to be checked into). Calculation of the fee waiver value was requested for the next meeting. 2009-t82 Moved by Councillor W Casier Seconded by Councillor C Evanitski "THAT Staff Report F2009-19 regarding Municipal Assistance Program 2009 be received; AND TIIAT Council approves fee waivers for use of the Straffordville (Bayham) and Vienna Community Centres as follows: 1. Straffordville (Bayham) Community Centre use . Optimist Club of StraffordvillelBayham main hall plus kitchen 2 events o Port Burwell - Bayham Horticultural Society main hall I event . SERVE Parents,A,ssociation main hall l event . Straffordville Community Committee hall and grounds for two day event plus hall for four more events, parking lot up to four times per year . Straffordville Lioness Club main hall plus kitchen two events o Straffordville Santa Claus Parade Committee main hall for 1 event 2. Vienna Community Centre use Page 4 of8 Minutes of the regular meeting of council held April 2, 2009... Page 30 of 403 Council Minutes April2,2009 o Eastern Star - upper hall 10 meetings plus 2 - 3 fundraising events . St. Luke's Anglican Church basement with kitchen two times plus Memorial park for two events . Straffordville Firefighters Assoc. whole hall two events . Vienna Lions Club den with kitchen lor 2l meetings, 5 events whole hall with prior day set up . Vienna Lioness Club den with kitchen for 10 monthly meetings and 3 events whole hall with prior day set up AND THAT the applicable cleaning fee only be paid in accordance with By- law 2008-025." CARRIED UNANIMOUSLY 2009- 183 Moved by Councillor E Ketchabaw Seconded by Councillor C Evanitski "THAT Council deferrs cash support allocation for 2009." CARRIED UNANIMOUSLY (c) Staff Memorandum C2009-04 regarding Establishment of Cenotaph Committee. File: 409 2009-184 Moved by Councillor W Casier Seconded by Councillor C Evanitski "THAT Staff Memorandum C2009-04 regarding Establishment of a Cenotaph Committee be received; AND THAT ByJaw 2009-040, being a byJaw to establish the Bayham Cenotaph Committee, be presented to Council for enactment." CARRIED UNANIMOUSLY (d) Correspondence received March 30,2009 from MADD Canada regarding placing an add in "The MADD Message Yearbook". Cost of ads begins at $199. File: C13 2009- 1 85 Moved by Councillor E Ketchabaw Seconded by Councillor W Casier "THAT Correspondence received March 30,2009 from MADD Canada regarding placing an add in 'The MADD Message Yearbook' be received." CARzuED I.INANIMOUSLY (e) Staff Report C2009-03 regarding Grow Your Own NP Funding/FHT Transfer. Page 5 of8 Minutes of the regular meeting of council held April 2, 2009... Page 31 of 403 Council Minutes Ãpnl2,2009 File: Fl l 2009- I 86 Moved by Councillor C Evanitski Seconded by Councillor E Ketchabaw "THAT Staff Report C2009-03 regarding Grow Your Own NP Funding/FHT Transfer be received; AND THAT By-law No.2009-050, being a by-law to authorize the execution of an Employment Agreement between the Municipality of Bayham and Kristal Pitter be presented to Council for enactment; AND TIIAT ByJaw No 2009-051, being a by-law to authorize the execution of an agreement with East Elgin Family Health Team regarding work placement for a Nurse Practitioner be presented to Council for enactment." CARRIED UNANIMOUSLY (Ð Verbal request, through Mayor Acre, from the Port Burwell Horticultural Society for permission to plant a tulip hee. 2009-187 Moved by Councillor W Casier Seconded by Councillor M Taylor TTTHAT the Council of the Municipality of Bayham approves the placement of a tulip tree in the park of their choice by the Ontario Horticultural Ässociation." CARRIED UNANIMOUSLY 10. ENVIRONMENT (a) No Items 11. COMMITTEE OF'THE WHOLE (a) ln Camera. 2009-188 Moved by Councillor C Evanitski Seconded by Councillor W Casier "THAT the Council do now rise to enter into an "In Camera" Session of Committee of the Whole at 8:15 p.m. to discuss: . litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board." CARRIED I.]NANIMOUSLY (b) Out of Camera. Page 6 of8 Minutes of the regular meeting of council held April 2, 2009... Page 32 of 403 Council Minutes (a) Adjournment 2009-t92 Moved by Councillor C Evanitski Seconded by Councillor M Taylor I'THAT the Council meeting be adjourned at 8:39 p.m." CARRIED UNANIMOUSLY MAYOR Apnt2,2009 Page 8 of8 Minutes of the regular meeting of council held April 2, 2009... Page 33 of 403 Page 34 of 403 Tay Valley Township To All Ontario Municipalities: Tay Valley Township is located in the newly amalgamated Ministry of Natural Resources Fisheries Zone 18. Fisheries management in Zone 17 and 18 is unique in the province since much of ourtourism industry is based on sunfish. ln January of 2008 the Ministry of Natural Resources implemented a limit on sunfish. This newly imposed limit had devastating etfects on local tourism. lt put at risk, the livelihood of every fishing lodge, ice-cream stand, gas station and gift shop owner. Due to public outcry the Minister of Natural Resources rescinded the limit, passed a variation order and mandated that a Zone Fishery Council be formed to provide the Ministry with advice and recommendations on sunfish and perch management for implementation in 2010. ln our opinion there have not been adequate, recent or relevant studies done to suggest a limit is warranted. There is insufficient data available to predict the impact on our large game fish, and no economic impact study has been completed to predict the impact on tourism. While pan fishing may not be an issue for some municipalities in Ontario, the health of our tourism market certainly is. A decline in American tourist dollars spent will hurt all of us. Tay Valley Township respectfully requests the support of all municipalities for the following motion and asks that you fonivard your letters of support to the Ministry of Natural Resources with a copy to us. "We the Council of Tay Valley Township respectfully request that the MNR Fishery Gouncil oÍ Zone 18 postpone implementing any limit on sunfish until further studies have been conducted to find out what the effects of a larger pan fish population could have on our Walleye and Bass. And further implement the involvement of the Ministry of Tourism to conduct a study to find out what type of impact a pan fish limit will have on the American tourism industry. We request that the pan fish regulation súay staúus quo." Should the issue of pan fishing become a local interest in your area, we recommend the formation of a Zone Fishery Council. To be successful, a Council must be transparent and unbiased. lt must invite the views of all stakeholders through early release of supporting documents and the hosting of public meetings. Our Council continues to struggle with the broader implications and we continue to learn from the experience. Please support our efforts toward a more holistic view to what may appear to be a relatively narrow issue for the Ministry. We seek greater certainty in the overall outcomes. Sincerely, Linda Van Alstine, Clerk clerk@tayva I leytwp. ca Tay Valley Township 2'17 Harper Road, R.R. # 4, Perth, Ontario K7H 3CG www.tayvalleytwp.ca Fax: (613)-264-8516 Phone: (613)-267-5353 (613) l-800-810-0161 DISCIAIMER This material is provided under contracl as a paid service by the originating organÞal¡on and does not necessarily reflect the view or positions of lhe Associalion of Municipalities of Onlario (AMO), its subsidiary companies, ofticers, directors or agents. Copy of resolution passed by Tay Valley Township regarding "... Page 35 of 403 Page 36 of 403 7; tuM,/L;,,;)-âa/** I Correspondence dated April 3, 2009 from Elizabeth Ball regar... Page 37 of 403 Page 38 of 403 PO. Box 760,9344 Plank Road, Straffordville, Ontario NOJ 1Y0 Tei:(519) 866-5521 " Fax: (57Ð 866-3884 email : b ayhan@b ayham. o n. ca April 7,2009 Ms. Elizabeth Ball 55843 Third Street Straffordville, ON NOJ lYO Dear Ms. Ball: Thank you for your letter dated April 3, 2009 regarding your neighbor who operates a motorcycle repair business in Straffordville. Your letter specifically referenced concerns with rewing motors, noisy machines, parking, signage, a tent and oil tanks. Your letter has been forwarded to Council for information. I have been asked to respond. The property referenced in your letter is zoned Local Commercial (C2). This Zoning designation permits the owner to operate a public garage, including a motorcycle repair business. The Manager of Public V/orks contacted the owner and requested the sign located at Plank Road and Third Street be removed immediately. As of April 7 ,2009 the sign has been removed. On April 7 ,2009 the Chief Building Official inspected the property to ascertain if a tent was erected on site. He did not observe a tent on the property. Municipal By-law #2001-111 prescribes requirements for the parking of vehicles in the municipality. This includes prohibiting a person from parking in front of or within one meter of any laneway, driveway or alley entrance and overnight parking on municipal streets. The Municipal By-law Enforcement Officer or Ontario Provincial Police may be contacted when a violation pertaining to the illegal parking of a vehicle occurs in the municipality. Correspondence dated April 3, 2009 from Elizabeth Ball regar... Page 39 of 403 The Ministry of Environment regulates the control of hazardous materials and disposal of hazardous waste materials. Concerns regarding the disposal andlor contamination of property from dispo sal of hazardous materials may be forwarded to the Ministry of Environment at 1 -800 -565 -4923. The By-law Enforcement Officer attended the property to conduct inspections as appropriate to ascertain compliance with municipal by-laws. The Office will undertake appropriate enforcement action as deemed necessary to ensure compliance with municipal by-laws. If you wish to discuss this matter further I can be contacted at 519-866-5521or by email at p groeneveld@bayham. on. cq. By-law Enforcement Officer Correspondence dated April 3, 2009 from Elizabeth Ball regar... Page 40 of 403 200 University Ave, Suite 801 Toronto, ON MsH 3C6 Tel.: (416) 971-9856 | Fax: (416) 971-6191 E-mail: amo@amo.on.ca ALERT No: 09/020MEMBER COMMUNICATION To the attention of the Clerk and Council April 3, 2009 FOR MORE INFORMATION CONTACT: Scott Vokey, AMO/LAS Energy Coordinator (416) 971-9856 ext 357 l--& tå¡J Energy Minister Extends Deadline for Public Sector Regulated Price Plan Eligibility Minister of Energy and lnfrastructure George Smitherman has extended the deadline from May 1 by six months to November 1, 2009 for municipalities, universities, schools and hospitals (MUSH) and other designated institutional customers to move from the Regulated Price Plan (RPP) to market pricing. The Regulated Price Plan (RPP) is an electricity pricing structure designed to ensure consumers pay what it costs to supply their electricity while smoothing the daily price variations that occur in the market. When the Ontario Energy Board (OEB) sets prices, it adjusts for past differences between what consumers have paid and what it will cost to supply them over a 12-month forecast of future electricity costs. RPP prices are reviewed and adjusted twice a year in the spring (May 1) and in the fall (Nov. 1). Consumers who currently buy their electricity from a retailer and are paying their contract price are not affected by changes in the RPP. ln a letter to the Electricity Distributors Association (EDA), Minister Smitherman noted that while most of the large MUSH sector customers have now moved off the RPP, the amended regulation will allow more time for smaller, designated customers to understand the change. Previously, the only way to leave the RPP was to sign a retail contract or install an interval meter and pursue the spot market. The proposed regulation will allow institutional customers, with and without an interval meter, to voluntarily exit the RPP and purchase electricity on the spot market. Those without an interval meter would pay the weighed average hourly spot market price. The Regulation has also been amended to enhance the flexibility for voluntary exit from the RPP to market pricing by removing the requirement for customers to have an interval meter. Over the next seven months, the IESO will continue to work with AMO, municipalities and local distribution companies in a continuous effort to prepare all remaining customers for the November 1,2009 transition. AMO's subsidiary, Local Authority Services Limited (LAS) continues to offer electricity and natural gas procurement and now offers an interval meter procurement service as well. For more information about the IESO effort, please contact IESO Customer Relations at cu stome r. re latio ns@ ieso. ca o r I -888-4 48-7 7 7 7 . 't-2 r¡un¡c¡par¡âl:îîäii:t"i AFIO Correspondence dated April 3 and 9, 2009 from Association of... Page 41 of 403 For more information about the proposed RPP Change, please contact George Nutter, Senior Advisor, Ministry of Energy and lnfrastructure: 416-326-9602. This information ís available in the Policy /ssues section of the AMO website at www.amo.on.ca. l-ff l.JJJ 2-2 r,¡unic¡par.,îl:îîätli:;ii ^ìfo Correspondence dated April 3 and 9, 2009 from Association of... Page 42 of 403 MEMBER COMMUNIGATION s 200 University Ave, Suite 801 Toronto, ON MsH 3C6 Tel.: (416) 971-9856 | Fax (416) 971-6191 E-mail: amo@amo.on.ca A¿t ALERT No: 09/022 l'-& t¡JJTo the attention of the Clerk and Council FoR MoRE lNFoRMArloN coNrACr: Aprir e, 200e SilJ^"j:ï åY3'niÌng;'3lgi'*' AMO Position on B¡ll 150, Green Energy and Green Economy Act As AMO Alert (09/018) from March 25 indicated Bill 150, the Green Energy and Green Economy Actis currently before the Standing Committee on General Government. The following summary of the position endorsed by the AMO Board of Directors at its April 3 meeting is provided to help inform those municipalities interested in either making a submission to the committee or simply to learn more about the Bill. AMO is generally quite pleased with the intended outcomes of this Bill in terms of making it easier to bring renewable energy projects to life and creating a culture of conservation so that people can go about their daily lives using less energy. While supportive of the proposed enhancements to energy conservation and generation set out in Bill 150, AMO does have concerns about the proposed planning approval amendment as it currently sits, as well as the existing property tax regime for renewable energy projects. Planning Processes Recommendations: 1. Renewable Energy Projects should not be permitted in: . Provinciallysignificantwetlands . Significant habitat of endangered species and threatened specres . Lofs adjacent to airports . Significantwoodlands c Areas designated as a UNESCO World Biosphere Reserve . lntake protection zones and well head protection areas (the limits of which will be defined in the Clean Water Act assess/nent reports) . ln addition, ground-mount solar projects should not be permitted rn C/ass 1,2,or 3 agricultural lands 2. Pertinentissues around site planning, mitigation, and rehabilitation be addressed vra a Municipal Seruices Permit which must be acquired by the proponent prior to being granted a Building Permit. The Province must grant municipalities the power to request compliance to the Municipal Seryices Permit pursuant to the provision of "applicable law" of the Building Code Act. 3. The Ministry of the Environment should complete an independent analysis of the impact of renewaþle energy facilities on the natural environment and human health. 4. Existing renewable energy projects should have a grandparent clause to exempt them from the new planning process and recognize existing agreements between developers and municipalities. Association of FIOMunicipalities of Ontario1-2 Correspondence dated April 3 and 9, 2009 from Association of... Page 43 of 403 5. ln terms of the process proposed for solar and geothermal micro-systems on residential and commercial rooftops, AMO recommends: . Alt by-taws relating to health and safety, tree cutting, and heritage must remain in effect.. Exemptions should not be extended to biomass, biofuel, ground mount solar, or wind projects.. Projecfs proposed on Heritage easements should be subject to Heritage Trust approval.c Ministry staff must coordinate the rules in terms of scale and integration with renewable energy facilitator process for larger proiects. Renewable Energy Generation Recommendations: 6. The List of objectives under Ministerial power to direct the Feed-in Tariff (FIT) development shoutd include combined heat and power (CHP) and "to support community-owned renewable energy and conseruation projects". NOTE: AMO has an additional list of recommendations to improve the proposed FIT but this OPA-led consultation is outside of Bill 150. 7. Existing agreements between municipalities and developers should be grandparenfed. AMO is also pushing for a solution to the inadequate property tax regime in place for renewable energy projects. Energy Conservation Recommendations: 8. The Minister must direct local distribution companres (LDCs) to provide municipalities with their consumption data in a timely manner (4-6 weeks maximum). 9. The Minister must direct LDCs to develop a consisfent billformat 10. Provide clarification that municipal conservation and demand management (CDM) plans are mandatory for the corporation only, but provide option to work with the LDC on larger community plans. NOTE: AMO has an additional list of recommendations on municipal CDM plans. 11 . LDCs should be directed to conduct on-bill financing for small renewaþle installations and energy efficiency retrofits via a separate, self-supporting fund. 12. Municipalities shoutd have the option of using Local lmprovement Charges (LlCs) to finance residential and commercial renewable energy and energy efficiency projects. 13. A new Technology Advisory Council should be created to verify claims made by proponents about the efficiency of their products. AMO's submission will also include a number of other recommendations aiming to improve technical matters within Bill 150 dealing with conservation and generation. This information is available in the Policy /ssues section of the AMO weþsite at www.amo.on.ca. ru un¡c¡ par¡îl:îîäi".:r"i AHo þ É EJJ 2-2 Correspondence dated April 3 and 9, 2009 from Association of... Page 44 of 403 LONG POINT REGION CONSERVATION AUTHORITY BOARD OF DIRECTORS - MINUTES ANNUAL GENERAL MEETING - FEBRUARY 27,2009 (as approved at the Board of Directors meeting held April 1' 2009)At {øpÊen Members in attendance: J. Hunt, S. Lamb, R. Sackrider, B. Sloat, P. Black, L. Chanda, P. Ens, and R. Geysens. Staff in attendance: C. Evanitski, D. Holmes, J. Robertson, H. Surette, B. Bravener, J' DeBackere, Y. Lai, P. Gagnon, L. Paulson, M. Loewen, C. Jacques, D. Thain, N. DeSerranno, C. Dale and D. Mclachlan. Regrets: P. Lee and L. Bartlett. The LPRCA Chair called the meeting to order at 1 :36 pm Friday, February 27th,2OOg at the Hungarian Hall in Delhi. WELCOME Chairman, B. Sloat welcomed everyone and noted the many challenges this past yearwith successful outcomes. He thanked the Board for their contributions and made their introductions. The municipal partners were introduced and brought greetings from their municipalities. Alan Dale brought greetings from Conservation Ontario. Sally Martyn from Catfish Creek CA and Tom Marks from Kettle Creek CA were introduced and brought greetings from their respective conservation authorities. Craig Ashbaugh, former Chair of LpnCn and current Chair of the Lake Erie Source Protection Committee spoke. DISCLOSURES OF INTEREST None recorded. MINUTES OF PREVIOUS MEETINGS MOTION A - 18 moved by R. Sackrider, seconded by P. Black and carried that the minutes of the LRPCA Board of Directors regular Meeting held February 4th, 2009 be adopted as circulated. NEW BUSINESS DEVELOPM ENT APPLICATIONS Questions were answered by H. Surette. MOTION A - l9 moved by P. Black, seconded by R. Sackrider and carried that the Board of Directors approves the following Development Applications; FULL AUTHORITY COMMITTEE MEMBERS Leroy Bartlett, Peter Black, Larry Chanda, Paul Ens, Roger Geysens, John Hunt, Sam Lamb, Pat Lee, Ron Sackrider, Harry Sloat -1- Long Point Region Conservation Authority Board of Directors ... Page 45 of 403 A. For Work under Section 28 Regulations, Development, lnterference with Wetlands & Alterations to Shorelines and Watercourses Regulations (R.R.O. 1990 Reg. 178106) NC-10/09 NC-11/09 NC-12/09 NC-13/09 B. Approve, WITH CONDITIONS, the following development application for work under Section 28 Regulations, Development, Interference with Wetlands & Alterations to Shorelines and Watercourses Regulations (R.R.O. 1990 Reg. 178t06) NC-14/09 C. That the designated officers of LPRCA be authorized to complete the approval process for these Development Applications, as far as it relates to LPRCA's mandate and related Regulations. TRUCK AND VAN TENDER D. Holmes gave the results of the tender and answered questions. MOTION A - 20 moved by R. Sackrider, seconded by P. Ens and carried that the LPRCA Board of Directors accept the tender submitted by Rick McCall Pontiac, Buick, GMC Ltd. for the purchase of one new 2009 lzton pick-up truck for a total submitted price of $15,459.53 including all applicable taxes And that the tender submitted by Aitken Motors Ltd. be accepted for the purchase of one new 2009 seven passenger van for a total submitted price of $19,320.74 including all applicable taxes. NOTICE OF FORMAL MOTIONS MOTION A - 2l moved by J. Hunt, seconded by R. Geysens and carried that the LPRCA Board of Directors authorizes the Chairman or Vice-Chairman and the General Manager/Secretary-Treasurer or Manager of Corporate Services to borrow funds as required for the day{o-day operations of the Authority. MOTION A- 22 moved by P. Ens, seconded by P. Black and carried that the LRPCA Board of Directors, pursuant to Section 26 (2) and 27 (2&3) of The Conservation Authorities Act RSO 1990, Chapter 27, designate all Member Municipalities as Benefiting Municipatities for the Administration, Capital and Operations Costs in the same proportion that the current value assessment of the whole Municipality or part thereof bears to the total assessment of the whole area under the jurisdiction of the Authority. FULL AUTHORITY COMMITTEE MEMBERS Leroy Bartlett, Peter Black, Larry Chanda, Paul Ens, Roger Geysens, John Hunt, Sam Làmb, Pat Lee, Ron Sackrider, Harry Sloat -2- Long Point Region Conservation Authority Board of Directors ... Page 46 of 403 MOTION A- 23 moved by R. Geysens, seconded by S. Lamb and carried that the LPRCA Board of Directors authorizes all members appointed to the Lee Brown Committee from the Community at Large be deemed to be Authority members for the purpose of receiving remuneration for their services on the same basis as regular members of the Authority for 2009. MOTION A- 24 moved by R. Geysens, seconded by S. Lamb and carried that the LPRCA Board of Directors designates the Authority Chairman as the Authority's representative to Conservation Ontario (CO), with the Vice-Chairman designated as alternate, and further that the General Manager be directed to participate on appropriate committees of CO, and be authorized to vote in the absence of the designated representatives. 2OO8 AUDITED FINANCIAL STATEMENTS AND INTRODUCTION OF AUDITORS The Chair of the Audit Committee, P. Black, reviewed the Committee's actions this past year. He explained the Requestfor Proposal process in hiring new auditors and introduced Mathew Betik from KPMG. MOTION A - 25 moved by S. Lamb, seconded by J. Hunt and carried that the LPRCA Board of Directors appoint KPMG, LLP, Chartered Accountants as LPRCA's auditors to 2012 as per the proposal of September 8th, 2008. MOTION A- 26 moved by R. Geysens, seconded by J. Hunt and carried that the LPRCA Board of Directors approves the financial statements for the year ended December 31, 2008 prepared by KPMG, LLP, Chartered Accountants' 2OO8 COMMITTEE REPORTS LEE BROWN MARSH MANAGEMENT COMMITTEE Tom Haskett reviewed the duties of the committee and noted that there were two meetings in 2008. He advised that hunting fees were reviewed and were to be increased in 2009. He also acknowledged the successful Leighton and Betty Brown Scholarship. BACKUS ADVISORY BOARD BAB Chair, P. Black acknowledged the loss of former Chair Jim Dungavell. He noted the increased capital projects at Backus underthe guidance of D. Holmes and N. DeSerranno' Everyone was reminded of the Backus Golf Tournament, June 13, 2009. P. Black declared that Backus is alive and well. PRESENTATION TO PAST CHAIR Chairman Sloat presented past Chair and current Vice-Chair, R. Sackrider with a gift of FULL AUTHORITY COMMITTEE MEMBERS Leroy Bartlett, Peter Black, Larry Chanda, Paul Ens, Roger Geysens, John Hunt, Sam Lamb, Pat Lee, Ron Sackrider, Harry Sloat -3- Long Point Region Conservation Authority Board of Directors ... Page 47 of 403 appreciation. R. Sackrider thanked everyone for the support in the past two years and is looking fonruard to serving LPRCA in the years ahead. KEYNOTE SPEAKER Bruce Davidson, Member, Water Guardians Network and Concerned Walkerton Citizens gave a presentation entitled Walkerton - The Cost of Getting it Wrong. In May 2000, seven people died and thousands became seriously ill from E-coli found in the municipal water system. Mr. Davidson detailed the timeline of the contamination and the errors in finding and containing the outbreak of illness, as well as, the errors that lead to the contamination. The cost of getting it wrong continued far beyond the year 2000 and continues to this day in increased insurance costs, loss of business and illnesses linked to E-coli. Chairman Sloat thanked Mr. Davidson for coming and sharing his personal experiences. The chairman adjourned the meeting at 3:16 pm. Buck Sloat Chairman Dana Mclachlan Ad min istrative Assistant FULL AUTHORITY COMMITTEE MEMBERS Leroy Bartlett, Peter Black, Larry Chanda, Paul Ens, Roger Geysens, John Hunt, Sam Lamb, Pat Lee, Ron Sackrider, Harry Sloat -4- Long Point Region Conservation Authority Board of Directors ... Page 48 of 403 BAYHAM HISTORICAL SOCIETY MUMCIPAL OFFICE - STRAFFORDVILLE MARCH t2,2009. CoQc PRESENT: Bill & Donna Baldwin, Arvilla Beckett, Cheryl Peters, Ray Maddox, Robert & Jeanette Heil, Sandy Sage, Ross and Martha Andrews, Alex Collins, Corþ and Barb Ouellette, Betty Lou Wallington, Bob Graham, Harris Teall, Mary Newland, Rose Laemers, Dorothy Godby and Ken Laemers. President Ray Maddox called the meeting to order at7:30, welcoming members & guests. A motion to accept the minutes of February 12,2009 was made by Sandy Sage 2nd. by. Bob Graham - Motion carried. SPEAKER: Donna Baldwin introduced our guest speaker Rose Laemers who spoke on 100 year old Easter Eggs. Bunnies were originally a symbol of fertility before they became an Easter symbol. Early Christians colored the eggs red to honor the blood of Jesus. The Faberge egg was originally commissioned by a Russian Tsar for his wife. Children in England used to roll eggs down hills to depict rolling the stone from Jesus tomb. Rose has met the artist who makes the White House Egg each year and had a very interesting visit with him. Dorothy thanked Rose for her very interesting subject. BUSINESS PORTION PRESIDENTS REPORT: Ray reported that Robert Heil is willing to act as treasurer. Motion to accept Robef Heil as the new Treasurer of the Bayham Historical Society was made by Donna Baldwin 2"o.by Sandy Sage. Motion carried. Ray thanked Robert for his acceptance. Robert, Dorothy and Ray will meet to change over signing authority, Ray reported that help will be needed at the Tillsonburg Home and Rec Show any members who can give a few hours to help please let him know. SECRETARIES REPORT: Cheryl Peters reported that she has spokento Margaret Underhill at the Municipal Office and because the Vienna Library is a Municipal building it is ineligible for a fundraising lottery license. Cheryl spoke to Jan Collins and explained the situation to her. Margaret Underhill also spoke to Ms. Collins. Cheryl Peters and Jean Woon will be setting up the displays for the Edison museum and Ray Maddox has offered to help with the Bayham Uirto¡""t Society display on Ma¡ch 27th. The three of them will meet atthe Edison Museum at 9:00 AM on that day. Bayham Historical Society minutes of meeting held March 12, ... Page 49 of 403 The donation forms have all been completed and signed or will be mailed out. Cheryl asked if the balance on the Staples card can be used for acid free covers for paper artifact donation since we won't have a student this year. The balance is $8.95. 'We have received a cheque for the 2009 membership from the Municipal Office. Cheryl has received and updated the Ru¡al Organization forms. Cheryl noted that Rogers T.V. will air Ghosts of Elgin County on Friday March 13th. And there is a very good piece about the Edison Museum Ghost. Anyone who wishes to receive their minutes by e mail please let Cheryl know. This will save on postage, any donation forms that have been sent out have included self addressed envelopes to keep our generous donors from having to pay the postage. Dorothy Godby has brought in a stereoscope and pþoto inserts from Gerry Taylor. Barb Ouellette made a motion to accept the donatioî,Znd. By Betty Lou Wallington. Motion carried. Cheryl will prepare the forms. TREASURERS REPORT: Dorothy Godby: Checking-- ------$ 2836.09 Lottery Account-------------$ 128.84 Petty cash- ------ $ 1.09 As of February 29,2009. Motion to accep the Treasurers Report was made by Dorotþ Godby, 2no.by Bob Graham. Motion carried. PROGRAM DIRECTOR: Our speaker for April will be Charles Baldwin talking about the "Howey Family Tragedy". ADVERTISING DIRECTOR: Donna Baldwin reported that our write-up was in both the Aylmer and Tillsonburg paper and were very nicely covered. MYSTERY OBJECT: Harris Teall brought leather finger stretchers for ladies gloves, no one guessed the item, Bayham Historical Society minutes of meeting held March 12, ... Page 50 of 403 SOCL{L DIRECTOR: Mary Newland reported that Barb Ouellette and Donna Baldwin will bring refreshments for April. i\-EXT MEETINç April 9, 2009 at the Mrmicipality of Bayham Office at 7:3 0 P.M. Motion to close the meeting was made by Jeanette Heil and 2no. by Bob Graham - Motion carried DATE: Secretary President Bayham Historical Society minutes of meeting held March 12, ... Page 51 of 403 Bayham Historical Society minutes of meeting held March 12, ... Page 52 of 403 Co6 Minutes of ELGIN GROUP POLICE SERVICES BOARD March 11,2009 The Elgin Group Police Services Board met at the County Administration Building, 450 Sunset Drive, St. Thomas, at 2:03 p.m. with the following in attendance: Tom Marks, Chairman John R. Wilson, Vice-Chair Kathleen Schaper, Board Member Douglas Gunn, Board Member lnspector Ryan Cox, OPP Sergeant Don Collins, OPP Elgin Support Manager Mark McDonald, Acting Secretary/Administrator Marilyn Payler, County Administrative Services Jim Bundschuh, County Director of Financial Services (attended 2:10 p.m.) Absent: Duncan McPhail, Board Member Chair Marks called the meeting to order at 2:03 p.m. Adoption of Minutes Moved by Schaper Seconded by Gunn THAT the minutes of the meeting hefd on February 4,2009 be adopted. - Carried. Disclosure of Pecuniarv Interest - None. Gorrespondence 1) Hon. Rick Bartolucci, Minister of Community Safety and Correctional Services, announcing: a) Safer Communities - 1,000 Officers Partnership program 2008-2009 interim payment amount. b) Community Policing Partnerships (CPP) program 2008-2009 interim payment amount. 2) Allan Gunn, Assistant Deputy Minister/CAO, Corporate Services Division, Ministry of Community Safety and Correctional Services, outlining ministry expenditure restraints. 3) OAPSB Notice of 47th Annual Meeting - 2009. 4) OAPSB Bulfetín Board Newsletter for January/February 2009. Elgin Group Police Services Board minutes of meeting held Ma... Page 53 of 403 Elgin Group Police Services Board March 11, 2009 5) Helene Periard, Chair, OAPSB Conference Planning Committee thanking Board for conference donation. 6) lnspector Karen Moffatt, Contract Policing/Community Policing with invitation to OPP Western Region Section 10 Police Service Board Meeting. Moved by Wilson Seconded by Schaper THAT Correspondence ltems #1-6 be received and filed. - Carried. Detachment Commander's Report for Januarv - Februarv 2009 lnspector Cox highlighted aspects of the Detachment Commander's report. Jeff Coleman from Frank Cowan Company Ltd. arrived at 2:08 p.m, Jim Bundschuh arrived at 2:10 p.m. Sergeant Don Collins addressed the recent flooding incident in Port Bruce. He noted that their detachment was eager to assist the EOC which was activated at the Malahide Township office, Sergeant Collins acted as the OPP lncident Commander and reported back to EOC, helping develop a plan. The OPP were involved with the evacuation, proving security and assisting the fire department. There were officers on scene until the all clear was given. During this time frame they also had to deal with a flooding incident in Port Stanley. Sergeant Collins thought that the emergency operation was very successful. J. Wilson congratulated the OPP for their cooperation and assistance during the evacuation and emergency process. He noted that this experience solidified the fact that the emergency operation plan can work efficiently. lnspector Cox noted that Port Burwell also experienced flooding but did not report it to the OPP. The OPP would like to be informed of such situations so they can be prepared in case things escalate quickly to an emergency. lnspector Cox noted that he has e-mailed board members the schedule of times and dates he has arranged with the participating Elgin Group municipal Councils for his presentation of the 2008 Year-End Annual Report and 2009 Budget. He would like to have a board member attend council meetings with him. D. Gunn has agreed to attend the western municipal Council meetings, J. Wilson will attend Bayham and K. Schaper will attend Malahide. D. Gunn wanted lnspector Cox to clarify where the effected areas are that patrols have been increased due to vehicle theft. The areas vary from month to month depending on the geographic area where the thefts have been occurring. Elgin Group Police Services Board minutes of meeting held Ma... Page 54 of 403 Elgin Group Police Services Board 3 March 11, 2009 J. Wilson asked for an update on a recent incident involving a vehicle which had approached the flood area. Chair Marks suggested that an appreciation letter be sent to the two provincial constables who have recently retired from the detachment and a welcoming letter to the three new probationary constables. lnspector Cox agreed to coordinate the letters. Moved by Schaper Seconded by Wilson THAT the Detachment Commanders Report for January/February 2009 be received and filed. - Carried. Delegation Chair Marks welcomed Jeff Coleman a Frank Cowan Representative who attended to address insurance coverage concerns. He summarized the 2009-2010 General lnsurance Program Renewal coverages and stated the limits. The program premium is made up of 6 policies and the coverage has remained the same for the last 4 or 5 years. The renewal date is April 10'n, 2009. D. Gunn asked if there could be an overlap in board member coverage because of the similarity of this policy's general liability and the members' home owners' liability. He also asked if Mr. Coleman could give examples of a time when Frank Cowan Co. was called upon to pay upon the general liability class of insurance. Mr. Coleman was also asked if the accident coverage was restricted to the property of the board meeting. Mr. Coleman assured members that this policy would cover them from the moment they leave home for board business until their return. One benefit of having their coverage is that if your personal coverage limit was exhausted because of a claim they would cover the overage. lnspector Cox noted that when the public accompany him in his vehicle they have to sign a waiver. Board members are not required to do so because of coverage. Board members agreed that because of the decisions being made at meetings they definitely need insurance protection. J. Wilson noted that there may be circumstances where this coverage would be an asset, D. Gunn offered to give a legal opinion on this policy, provided he obtains the policy wording and definitions for coverage. M. McDonald will get additional information regarding board appointee coverages from the province. Mr. Coleman guaranteed the board that the insurance coverage will not run out on April 1Oth, 2OOg but will still be bound and in place after April 1Oth. Mr. Coleman agreed to supply the most current wording on the policy coverage. Elgin Group Police Services Board minutes of meeting held Ma... Page 55 of 403 Elgin Group Police Services Board March 11,2009 Moved by Schaper Seconded by Gunn THAT the 2009 - 2010 Group Insurance Proposal be deferred to the next meeting. - Carried. Chair Marks thanked Jeff Coleman and he left at 2:59 p.m. It was noted that lnspector Cox will still visit the municipal councils even though the budget has not passed. He will inform them that the draft budget amount will not be more but may be less. Moved by Schaper Seconded by Wilson THAT the Elgin Group Police Services Board 2009 Draft Budget be deferred to the next meeting. - Carried. Jim Bundschuh left the meeting at 3:06 p.m. Correspondence ltem #6 Chair Marks asked for 3 volunteers to attend this Section 10 Police Services Board on April 9th, 2009. K. Schaper and Chair Marks will attend. D. Gunn will check his availability and RSVP lnspector Cox. J. Wilson is available, as well, if needed. lnspector Cox noted that this meeting is for board members to meet the new Chief Superintendent who would like to attend our board meeting in the near future. ln-Camera Moved by Gunn Seconded by Wilson THAT we do now proceed ln-Camera at 3:10 p.m. to discuss a matter of a personnel nature about an identifiable individual. - Carried. Moved by Gunn Seconded by Schaper THATwe do now rise at 3:12p.m. without reporting. - Carried. Elgin Group Police Services Board minutes of meeting held Ma... Page 56 of 403 Elgin Group Police Services Board March 11, 2009 New Business The 2009 meeting schedule for the Elgin Group Police Services Board was discussed. The scheduled meeting dates for 2009 are April 15th, June 17th, September 23'd, and November 18th, 2009 commencing at 2:00 p.m. These meeting dates shall be advertised. Adiournment Moved by Gunn Seconded by Schaper THAT we do now adjourn at 3:18 p.m. to meet again on Wednesday, April 1sth, 20Og at 2:00 p.m. - Carried. M. G. McDonald, Acti n g Secretary/Ad m i n istrator. Tom Marks, Chair. Elgin Group Police Services Board minutes of meeting held Ma... Page 57 of 403 Page 58 of 403 Ministry of Tourism Minister 9th Floor, Hearst Block 900 Bay Street Toronto, ON M7A 2E1 Tel: (416) 326-9326 Fax: (416) 326-9338 April 3,2009 Ministère du Tourisme Ministre 9'étage, Édifice Hearst 900, rue Bay Toronto, ON M7A 2E1 Té1.: (416) 326-9326 Téléc.: (416) 326-9338 Dear Tourism Partnerr Ê[b I am pleased to share some good news regarding measures contained in the 2009 Ontario Budget that support Ontario's tourism sector. This budget takes action to make Ontario more competitive from an economic perspective. It offers significant tax relief to support families, individuals and businesses that are dealing with the challenge of the cuffent global recession. The McGuinty government is facing these difficulties and helping to stimulate the economy by ensuring the long-term competitiveness of our province, helping businesses grow, investing in infrastructure and creating more jobs for all Ontarians. This budget also recognizes the $22 billion that the tourism sector contributes to the Ontario economy and notes that, while the tourism sector is vital now to jobs and economic growth, its long term potential is even greater. The Budget proposes measures that will assist both government and industry in their efforts to deliver on some of the recofirmendations from the recent report of the Tourism Competitiveness Study. In direct response to one of the Competitiveness Study recoÍtmendations, this budget proposes investments of $41 million, over three years, in new funding to enhance Ontario's tourism attractions, including $33 million for revitalization projects associated with Huronia Historical Park and St. Lawrence Parks Commission, as well as $8 million in infrastructure improvements at Fort William Historical Park. Also, under the new tax reform package, there would be an allocation of annual net revenue for destination marketing in Ontario tourism regions, once they are established. Currently the RST rate on transient accommodation, such as hotel rooms, is five per cent. Under the single sales tax, the provincial portion would increase to eight per cent. However, the estimated net revenue from that three per cent difference in rates - approximately $40 million - would come back to the industry for marketing. I recognize that this budget measure will need further discussion with the industry and I am committed to doing this. In the coming weeks, the Ministry of Tourism will be hosting stakeholder sessions across the province to discuss regional structures. I am confident that government and industry will work together on this initiative and that coordinated marketing efforts will improve Ontario's competitiveness as a tourism destination. 2 Correspondence dated April 3, 2009 from Ministry of Tourism ... Page 59 of 403 -2- This budget also proposes $4.5 billion in tax relief, over three years, for small businesses, which are the backbone of tourism. The proposed single, value-added sales tax would generate significant benefits, including saving businesses more than $500 million a year in paperwork costs and greatly reducing the tax burden on business investment by providing input tax credits. This budget also proposes targeted tax measures that would provide more than $ 1 billion over three years, beginning in 201 0- 1 I . If the Budget is passed, over the next two years the McGuinty government will also invest $32.5 billion in infrastructure, which includes targeted investments that will benefit the tourism sector. Transportation improvements include $273 million for roads and bridges in Northern and rural Ontario and $219 million for new highway projects in Southern Ontario. Additionally, there is a proposed increase in spending on summer employment opportunities for youth by 57 per cent or $32 million in2009, bringing spending this summer to nearly $90 million. The summer jobs program enhancements will continue in 2010. Summer students are a key labour supply for the seasonal tourism sector and this initiative will benefit greatly. The 2009 Ontario Budget will allow us to develop enhancements that will put Ontario in a strong position to take advantage of the projected growth in global tourism and the resulting economic benefits. For more details on the budget, please visit www. fin. gov.on. ca,/english/budgeVontariobtdgetsl 2009 / . By working together we will enhance the competitiveness of Ontario's tourism industry. I look forward to this challenge and to the work we will do together to make tourism in Ontario an even more vital part of this province's economy. Yours sincerely, Monique M. Smith Minister Correspondence dated April 3, 2009 from Ministry of Tourism ... Page 60 of 403 Ministry of Citizenship and lmmigration Minister oth Floor 400 University Avenue Toronto ON M7A 2Rg Tel.:(416) 325-6200 Fax: (416) 325-6195 March 2009 Dear Friends:Moâ LINCOLN M. ALEXANDER AWARD 2OO9 Every year since I993,the Government of Ontario has presented the Lincoln M. Alexander Award to honour young Ontarians who have demonstrated exemplary leadership in contributing to the elimination of racial discrimination. I am pleased to call upon you and ask you to support to this program by nominating a young person whom you believe to be deserving of recognition. As the Minister of Citizenship and Immigration, I will join the Lieutenant Governor in officially recognizing the award recipients at a special ceremony at Queen's Park later in the year. Nomination forms and information outlining details of the program, including the deadline date, the selection criteria and the procedures followed in the selection process are available on our website at www.ontario.calhonoursandawards. Please read the information provided and take this opportunity to acknowledge a young person from your school or coÍrmunity who has made an important contribution to eliminating racial discrimination in Ontario. For further information you may contact the Ontario Honours and Awards Secretariat at the Ministry of Citizenship and Immigration: (416) 314-7526. The deadline for nominations is May 31,2009. Thank you in advance for taking the time to consider a deserving individual for the Lincoln M. Alexander Award. Yours truly, Ministère des Affaires civiques et de l'lmmigration Ministre 6" étage 400, avenue University Toronto ON M7A 2Rg Té1.: (416) 325-6200 Téléc.:(416) 325-6195 i::]XID MUNICIPATITY OF BAYHAM ,"Ht{¿ Michael Chan Minister Correspondence dated March 2009 from Ministry of Citizenship... Page 61 of 403 Page 62 of 403 TOURISM :?ì??Ì Øi¿æ¿w *tLû! To: Tourism London Members Re: Annual General Meeting - Tuesday, June 9, 2009 Aor This is to advise that pursuant to Article #15 of the Tourism London ByJaws which states that; "The Board of Directors will appoint and approve a Nominating Committee consisting of the President and the General Manager and that 60 days prior to the Annual General Meetíng, the membership be notified of the meeting and the election of Directors, and those members ínterested, be encouraged to apply for a position on the Board by completing a Director's Application Form. Completed þrms will be accepted up to 30 days prior to the Annual General Meeting. Fourteen days (14) prior to the Annual General Meeting, a list of those running for the Board qnd the completed þrms are to be mailed to all members þr their review. [/oting will take place at the Annual General Meeting. not be accepted." In this regard, please find enclosed a "Board of Director's Position Responsibilities" and a "Board of Director's Application Form" for your consideration. Six positions need to be filled in the following categories; o Accommodation & Meeting Facilities o Events, Attractions, Culture & Heritage o Restaurant and Food Services o Member alLarge o Retail (2 vacancies) (1 vacancy) (1 vacancy) (1 vacancy) (1 vacancy) Please email (mharris@londontourism.ca), fax (519-661-6160) or mail (267 Dtndas St.; Suite 201; London, N6A 1H2) the completed Board of Director's Application Form to Tourism London by Friday. May 8. 2009. If you have any questions please feel free to call me at 519- 661,-6396 or Mike Harris at 579-667-6388. Please note that only members that pay business and property tax to the City of London can run for the Board of Directors or vote at the AGM. This year's Annual General Meeting will be held on Tuesday, June 9, 2009 atthe Four Points by Sheraton Hotel, 1150 \Mellington Road South, London, Ontario, N6E 1M3. I look forward to seeing you then. Yours trul¡ John Winston General Manager 6 April2009 Correspondence dated April 6, 2009 from Tourism London regar... Page 63 of 403 Page 64 of 403 ACT FOR CLËAN WAT€R 5 LAKE ERIÊ 50uRcË PROTECTION RÉGION Éôs SN e ¿.- LAKE ERIE REGION SOURCE PROTECTION COMMITTEE MEETING MINUTES Thursday, February 5, 2009 The following are the minutes of the Lake Erie Region Source Protection Committee meeting held on Thursday, February 5, 2009 at the Grand River Conservation Authority Administration Office, 400 Clyde Road, Cambridge, Ontario. Members Present: Members Regrets: Proxy Representatives : Liaisons: C. Ashbaugh, Chair; M. Ceschi-Smith, H. Cornwell, M. Goldberg, R. Haggart, J. Harrison, A' Henry, K. Hunsberger, R. Krueger, J. Laird, l. Macdonald, D. Murray, J. Oliver, D. Parker, L. Perrin, G. Rae, T. Schmidt, R. Seibel, B. Ungar, M. Wales, D. Woolcott, W. Wright-Cascaden P. General, B. LaForme, C. Martin None P. Emerson, Source Protection Authority Liaison; L. Ross, Provincial Liaison, Doug Quibell, Public Health Liaison Region Management A. Dale, GRCA; C. Evanitski, LPRCA; T. Marks, KCCA, Committee: B. Sloat, LPRCA, K. Smale, CCCA Staff:J. Etienne, J. Farwell, S. Glauser, C. Linwood, C. Metherall, L. Minshall, T. Ryan, D. Schultz, T. Seguin, G. Sousa, G. Suarez, H. Surette, LPRCA; G. Zwiers R. Bromley, Region of Waterloo Public Health; A. Davidson, County of Brant; B. Davidson, Saugeen, Grey Sauble, Northern Bruce Peninsula Source Protection Committee Member; J. Godby, Norfolk County; D. Goudreau, County of Oxford; E. Hodgins, Region of Waterloo; S. Kurli, Halton Region; D. Molnar, MOE; L. Stafford, City of St. Thomas; P. Wilson, Haldimand County Also Present: 1. Gall to Order C. Ashbaugh called the meeting to order at 1:00 p.m. 2. Roll Call and Certification of Quorum - 17 Members Gonstitute a Quorum (213 of members) The Recording Secretary called the roll and certified quorum' Lake Erie Region Source Protection Committee mintues of meet... Page 65 of 403 Minutes of Meeting Lake Erie Region Source Protection Gommittee February 5,2009 Page2 3. Ghairman's Remarks C. Ashbaugh welcomed members, staff and guests and noted the following: . Buck Sloat is the newly elected Chair of Long Point Region Conservation Authority, C. Ashbaugh welcomed and congratulated Buck. ¡ Lisa Ross is the newly appointed Provincial Liaison Officer for the Lake Erie Region. C. Ashbaugh provided a summary of L. Ross's background and welcomed her. January 8, 2009 the Ministry of the Environment held a Chaiis teleconference regarding the Ontario Drinking Water Stewardship Program. More information on this is provided in Report SPC-02-09-04 Ontario Drinking Water Stewardship Program Review. C. Ashbaugh summarized the first year for the Lake Erie Region Source Protection Committee. He stated that the qualifications and experiential background of the members have been contributing factors to the success of the committee. He praised the committee for their effectiveness with collaboration. He thanked both municipal and Conservation Authority staff for their expertise and support. As the program develops, the committee can expect more engagement by the public in the process. C. Ashbaugh suggested that Source Protection Committee consider different formats for meetings, including opportunities for tours and site visits. Review of Agenda Moved by: D, Parker Seconded by: A. Henry carried unanimously THAT the agenda for the Lake Erie Region Source Protection Committee Meeting of February 5, 2009 be approved. Declarations of Pecuniary lnterest There were no declarations of pecuniary interest made in relation to the matters to be dealt with. Minutes of Previous Meeting - November 6, 2008 Moved by: B, Ungar Seconded by: M. Wales carried unanimously THAT the minutes of the previous meeting of November 6, 2008 be approved as circulated. 4. 5. 6. Lake Erie Region Source Protection Committee mintues of meet... Page 66 of 403 Minutes of Meeting Lake Erie Region Source Protection Gommittee February 5,2009 7. 8. Page 3 Hearing of Delegations None Presentations a) Bruce Davidson, Saugeen, Grey Sauble, Northern Bruce Peninsula Source Protection Gommittee Member C. Ashbaugh introduced Bruce Davidson, Source Protection Committee member in Saugeen, Grey Sauble, North Bruce Peninsula Region. Mr. Davidson is a long time resident of Walkerton. His presentation provided insight into the basis of Source Protection Planning in Ontario and reiterated its importance moving fonryard. B. Davidson spoke regarding the importance of well maintenance, water testing, well location, cross municipal cooperation, and cooperation between the municipalities, the Ministry of the Environment and the Health Units to protect drinking water. He provided an overview of the illnesses suffered by those who were exposed to the contaminated water. He summarized by emphasizing the importance of balancing economics with water protection. D. Parker asked if B. Davidson continues to reside in Walkerton. B. Davidson replied affirmatively stating there is no guarantee that any other small town would be any safer, and he feels his community is worth fighting for' M. Cecshi-Smith asked if there is a need for improved training for staff responsible for water treatment in small towns. B. Davidson replied that training for municipal water staff has improved tremendously, and he expects it will continue to evolve. M. Goldberg thanked B. Davidson for his actions and advocating for the need for a public inquiry. B. Davidson expressed thanks to the Canadian Environmental Law Association and Justice O'Connor for their involvement in the promotion and development of the Source Protection Planning program. Gorrespondence a) Copied Correspondence from Denise B. Holmes, CAO/Clerk-Treasurer, The Corporation of the Township of Melancthon to Craig Ashbaugh, Chair, Lake Erie Region Source Protection Committee Re: Compensation for Land Use Restrictions due to Source Protection lnitiatives Correspondence from Denise B. Holmes, CAO/Clerk-Treasurer, The Corporation of the Township of Melancthon to Craig Ashbaugh, Chair, Lake Erie Region Source Protection Committee Re: Lake Erie Region Source Protection Committee Position on Compensation 9. i) i¡) Lake Erie Region Source Protection Committee mintues of meet... Page 67 of 403 Minutes of Meeting Lake Erie Region Source Protection Gommittee February 5, 2009 b) Not Copied Page 4 None Res. Âlo. 01-09 Moved by: M. Cecshi-Smith Seconded by: W. Wright-Cascaden carried unanimously THAT the correspondence be received as information. 10. Reports a) SPC-02-09-01 Terms of Reference Update S. Glauser provided an overview of the Terms of Reference update and invited D. Molnar to provide a status report for the Terms of Reference approval. D. Molnar advised that she has reviewed one Terms of Reference for the Lake Erie Region and anticipates reviewing the remaining three in the coming weeks. After she has completed her review, the Terms of Reference will begin to move up through the various levels of review within the Ministry before being submitted to the Minister with a recommendation. Depending on the complexity of the document, the approval process can take from 1 to 3 months. Res. Â/o. 02-09 Moved by: D. Murray Seconded by: J. Harrison carried unanimously THAT Report SPC-02-09-01 Terms of Reference Update be received as information. b) SPG-02-09-02 Assessment Report Work Plans Municipal and conservation authority staff have revisited the technical work plans and timelines since the technical guidance was released. The threats assessment has been completed by the Ministry and is attached to the technical rules in the form of tables. Because the list of threats is 480 pages in its entirety, staff have summarized the significant threats into a document of about 50 pages. These will be posted to the members' site for reference. Once the vulnerability mapping and scoring is available, the tables will enable staff and landowners to identify whether activities are significant threats. Consultants are being asked to provide the technical reports in two stages with delivery of the vulnerable area scoring and delineation in their first submission. Staff will arrange for the vulnerable area scoring and delineation to be presented to the Source Protection Committee with background technical reports made available if the committee wishes to review them. lt is then proposed the maps will be made available to the public and landowners in the vulnerable areas. This provides the public with additional time to self-identify and ask questions about whether activities on their land represent signifìcant threats. Lake Erie Region Source Protection Committee mintues of meet... Page 68 of 403 Minutes of Meeting Lake Erie Region Source Protection Gommittee February 5, 2009 Page 5 L. Minshall discussed revised assessment report timelines. MOE staff have clarified that peer review is now only required for vulnerable area delineation and scoring, and is no longer required for the risk assessment. Much of the vulnerability mapping peer review has already been completed. This reduces the time required to review the technical work, and may allow for earlier submission of the assessment reports. L, Minshall proposed to continue having the Conservation Authority technical staff peer review the work. This will allow the work to be presented to the committee as it is completed, and will reduce the amount of time required to assemble and review the complete assessment report. Municipal water services project managers agreed to work towards a June 16,2010 submission. lf the Catfish Creek (Brownsville studies) could be completed early, the Catfish Creek Assessment Report could be submitted ahead of the proposed submission date' L. Minshall referred to the proposed meeting schedule and suggested that meetings could include tours of local wellhead protection areas, intake protection zones, treatment plants, etc. This may provide some insightful information for members. D. Parker asked how the timeline is affected if the Ministry doesn't approve the Terms of Reference. L. Minshall responded that the technical studies can proceed without approval of the Terms of Reference. lf the Terms of Reference is not approved, it will be sent back for revisions. lf the approval of the Terms of Reference is delayed, the deadline for the submission of the Assessment Report will be moved as well, since the deadline is one year after the approval of the Terms of Reference. D. Parker inquired if there remains an opportunity for inclusion of local knowledge once the technical work is completed. L. Minshall suggested that because many of the studies are being administered by the senior municipal staff there will already be some local knowledge applied throughout the technical work. Further insights, however, would be welcomed. The reports can be made available to members if they would like to review them and provide information back to staff. J. Oliver asked if the additional technical work resulting from the technical rules is expected to cause further delay. L. Minshall responded that the additional work was already anticipated in the work plans. The core requirements have not changed considerably, just the details. This timeline still proposes an initial submission of an assessment report followed by a later, more detailed submission. M. Goldberg cautioned against removing the peer review process on the risk assessment. L. Minshall responded that the Ministry of the Environment has already completed the risk assessment for all prescribed drinking water threats in the release of the new technical rules. The 460 pages of tables that accompany the Technical Rules list all of the circumstances under which a prescribed drinking water threat is or would be a signifìcant, moderate or low threat. The tables are part of the Techncial Rules, and are law. However, the Committee could add threats that are not listed in the tables, based on the results of the technical studies. For these additional threats, there will be a risk assessment completed and peer reviewed. However, the additional threat will need to be approved by the MOE Director. M. Golberg suggested that because there is professional judgment involved, he still feels peer review is justified. Lake Erie Region Source Protection Committee mintues of meet... Page 69 of 403 Minutes of Meeting Lake Erie Region Source Protection Committee February 5, 2009 Page 6 Res. No. 03-09 Moved by: J. Laird Seconded by: A. Henry carried unanimously THAT Report SPC-02-09-02 Assessment Report Work Plans be received as information. c) SPC-02-09-03 Ontario Drinking Water Stewardship Program Update T. Ryan provided an update regarding the Ontario Drinking Water Stewardship Program. The Stewardship Program can be delivered in areas where municipalities have either passed a resolution supporting the two-year time-of-travel and lntake Protection Zone 1 for the purpose of program delivery, or if the area is in the municipal official plan. She provided an overview of eligible projects and current funding available. Details are still forthcoming regarding eligibility of items such as tree planting and fuel storage. Only a few council resolutions to define the eligible arca ate still outstanding. R. Seibel asked if all landowners contacted in the first round of outreach were within the 100 metre zone. T. Ryan replied that in most cases the outreach was done to the two-year time-of{ravel or beyond. A. Henry asked if, in order to receive funding the activity has to be in the lntake Protection Zone-1. T. Ryan replied that the land has to touch the IPZ 1 or 2-yr time of travel, but that the project on that land could actually be outside of the boundary. J. Oliver requested clarification regarding the range of grant rates for erosion measures. T. Ryan advised that she is still waiting for guidance for the erosion module. J. Oliver asked if any tree planting prolects have been completed. T. Ryan replied that there were some completed in the 100 metre zone, the two-year time- of{ravel modules are still being developed, so she is awaiting guidance. J. Oliver inquired if she is expecting to have the guidance in time for the spring planting season. T. Ryan stated that she is hopefulthat the guidance will be provided in time for the spring planting season. L Macdonald asked if pollution prevention reviews were available in rural areas only. T. Ryan replied that the reviews are available to urban businesses also, if they are in an eligible area. D. Parker asked if dead stock facilities and manure hauling have been taken into consideration for the Stewardship Program. T. Ryan advised that she is unsure if composting is part of the program. T. Schmidt inquired if the Conservation Authority staff are aware of what projects the Ontario Soil and Crop Association are administering. T. Ryan replied that neither the conservation authority staff nor municipal staff are advised of the projects the Ontario Soil and Crop Association are administering. T. Schmidt suggested that the committee should ask OSCIA to share the information with conservation authority and municipal staff. Lake Erie Region Source Protection Committee mintues of meet... Page 70 of 403 Minutes of Meeting Lake Erie Region Source Protection Committee February 5, 2009 Page 7 D. Murray requested confirmation that septic pumping is eligible. T. Ryan replied affirmatively. D. Murray asked if holding tanks are included in this eligibility. T. Ryan suggested she would need to investigate the eligibility of holding tanks. B. Ungar reiterated T. Schmidt's concern that the committee should hàve .open communication with Ontario Soil and Crop Association. J. Oliver concurred, stating it will ensure efforts are not duplicated. H. Cornwell proposed a friendly amendment that communication should be shared both ways between the Ontario Soil and Crop Association and the Conservation Authority. Res. lVo. 04-09 Moved by: B. Ungar Seconded by: T. Schmidt carried unanimously THAT a letter be sent to the Ministry of the Environment requesting that Ontario Soil and Crop lmprovement Association and the Grand River Conservation Authority share information with each other on Stewardship Program projects administered by each organization, and that this information be shared with municipalities in which the projects are being undertaken. R. Haggart expressed frustration that the funding is available to deliver the Stewardship Program, but staff do not have sufficient guidance to be able to deliver. He suggested communicating to the province the need to move forward with guidance in a timely manner so the Conservation Authorities can deliver the Stewardship Program. Res, Â/o. 05-09 Moved by: R. Haggaft Seconded by: M. Ceschi-Smith carried unanimously THAT a letter be sent to the Minister of the Environment requesting that the Province provide guidance for the Ontario Drinking Water Stewardship Program to the delivery agents in an accurate and timely manner so that the programs can be delivered. Res. fVo.06 -09 Moved by: G. Rae Seconded by: B. Ungar carried unanimously THAT Report SPC-02-09-03 Ontario Drinking Water Stewardship Program Update be received as information. d) SPC-02-09-04 Ontario Drinking Water Stewardship Program Review The Minister of the Environment is concerned about the lack of funding being delivered to landowners under the Ontario Drinking Water Stewardship Program. As Lake Erie Region Source Protection Committee mintues of meet... Page 71 of 403 Minutes of Meeting Lake Erie Region Source Protection Committee February 5, 2009 Page 8 a result, they are considering redesigning its framework beyond 2009. The Ministry has requested the source protection committee Chairs to undertake voluntary stakeholder consultations. The Ministry will also concurrently be undertaking consultation initiatives at the provincial level. Staff do not intend to hold formal consultations; they recently requested the public to complete a survey in their fìrst round of education and outreach. Chair and members can consult locally if they wish, and staff will provide support if they choose to undertake that consultation. lf members would like to fìll out a survey or provide information, and put together a response, we will need responses back by the last week of March so we can prepare a summary and submit it to the Ministry by their March 31 deadline. Responses will be provided for members' review at the Source Protection Committee meeting on April 2,2009. D. Parker advised that he would like to provide several recommendations. He suggested that the Ontario Drinking Water Stewardship Program should allow reimbursement for in-kind labour. T. Ryan advised that the Ministry is using the Environmental Farm Plan guidelines, and the Environmental Farm Plan uses in-kind labour to a maximum of $5,000. He suggested that the program should be fair and equitable throughout the province. T. Ryan advised that the program is consistent throughout the province; the only exception is if there is a municipal program that tops up the limit on what the province is offering. D. Parker suggested that the reimbursement should be available in stages so those implementing projects can be reimbursed throughout the development of the project, rather than at the end. He further suggested that the grant rates should be increased. T. Ryan encouraged members to think broadly for all land uses when considering consultation and feedback, to be sure we are representing all interests. Res. Âlo. 07-09 Moved by: D. Murray Seconded by: A. Henry carried unanimously THAT Report SPC-02-09-04 Ontario Drinking Water Stewardship Program Review be received as information. e) SPC-02-09-05 Lake Erie Region Communications Plan 2009-10 D. Schultz provided a summary of the report including an overview of spills workshops, public meetings, and assessment report consultation. More information will be provided at the SPC Meeting March 5, 2009. A. Henry asked if there any spills workshops planned for Elgin. D. Schultz responded that workshops for this year have not been considered for the Elgin atea, since they are focusing the workshops in areas where there are concentrations of businesses to begin with. M. Ceschi-Smith asked if there are any plans to address training issues in the smaller municipalities that could help prevent bypasses and spills. D. Schultz Lake Erie Region Source Protection Committee mintues of meet... Page 72 of 403 Minutes of Meeting Lake Erie Region Source Protection Gommittee February 5,2009 Page 9 responded that the Municipal Water Managers group, facilitated by the GRCA, are currently working to address this issue. D. Parker asked if members could be notified of spills workshops so they can attend if they wish. D. Schul2 replied affirmatively. M. Wales suggested including a reference to the questionnaire in the Source Protection newsletter. D. Schultz replied that there would be a rolling release of the brochures and newsletters, some will not be sent out until April. By that time, the print material may be out of date. However, a cover letter could be included which could make reference to the survey. L. Minshall reminded members that the revised Ontario Drinking Water Stewardship Program will be posted on the Environmental Bill of Rights (EBR) Registry, and comments can also be submitted at that time. M. Wales pointed out that the farm community has time to provide feedback now rather than in the spring or summer. B. Ungar stated that a lot of people are not aware of the EBR Registry. L. Perrin asked if there has been any consideration at the provincial level to create a standard message regarding source protection, rather than a duplication of efforts throughout the regions. He noted provincial messages and public service announcements are done for other provincial programs to create a unifìed public awareness. He asked if this has been discussed at Chair's meetings. L. Minshall responded that there is continuous discussion at the Chai/s meetings regarding appropriate provi nce-wide Source Protection comm un ication. D. Schultz stated that the Ministry of the Environment and Conservation Ontario work together to prepare province-wide print materials. Conservation Ontario develops the materials, the province approves them and the conservation authorities distribute the materials. The Lake Erie Region is developing its own materials, in addition to the provincial information, because we have such unique situations in our watershed. L. Perrin suggested that only the farming community has any level of awareness regarding Source Protection Planning, and that there appears to be a knowledge gap with the general public. D. Schultz concurred, stating that businesses also seem to lack Source Protection Planning awareness. L. Ross suggested she can present the option of standardized provincial communication to the Ministry. D. Molnar advised that the province has held meetings and presentations for industries when requested to do so. A. Henry emphasized that it is important to have a larger scale consistent message, rather than just ad hoc presentations. D. Schultz replied that some regions have done local Source Protection television or radio broadcasts, but it becomes a question of budget. Because the Lake Erie Region has so many landowners to contact, the budget is depleted quickly with landowner contact. A. Henry suggested that this approach still lacks the necessary province-wide consistency. Moved by: A. Henry Seconded by: R. Krueger Res. No. 08-09 carried unanimously Lake Erie Region Source Protection Committee mintues of meet... Page 73 of 403 Minutes of Meeting Lake Erie Region Source Protection Gommittee February 5,2009 Page 10 THAT Report SPC-02-09-05 Lake Erie Region Communications Plan 2009-10 be received as information. 11. Business Arising from Previous Meetings None 12. Other Business a) Question and Answer Period i) Any Outstanding Questions on the Assessment Report Regulations and Rules Resulting from the Training Sessions None. ii) Other ltems R. Krueger asked if Bruce's Davidson's presentation could be posted to the members'site. l. Macdonald noted that the meeting scheduled for July 10 should be July 9. M. Goldberg requested committee attendance be entered separately as public meetings, committee meetings and training sessions. 13. Glosed Meeting Not applicable 14. Next Meeting - Thursday, March 5, 2009, 1:00 pm, Grand River Conservation Authority, 400 Clyde Road, Cambridge, ON 15. Adjourn The Lake Erie Region Source Protection Committee meeting of February 5, 2009 adjourned at 3:55 pm. Chair Recording Secretary Lake Erie Region Source Protection Committee mintues of meet... Page 74 of 403 ^4 1'l g SLewar0snlÐ ONTARIO ^ March 31", 2009 TI{E MI.]NICIPALITY OF BA\TTAM PO BOX 160 9344 PLANK ROAD STRAFFORDVILLE, ON NOJ lYO Gemma Zecchint CEO-interim, StewardshiP Ontario wrvu'. ster¡'ardshipontario. ca 8 ÇaSt" 3) RE: Industry's 4th contribution to the Municipal Blue Box Recyciing Program for 2008 Dear Mayor and Members of Council: Industry stewards of the municipal Blue Box program fulfrll their responsibilities under the Waste Diyersíon Act, 2002by fundinga 50% share of the net costs of the recyciing system. Stewardship Ontario and Waste Diversion Ontario (WDO) are pleased to enclose the fourth quarterly payment to your municipality for the 2008 program year as industry's share of net costs. The payments to municipalities in this quarter total $12.9 million. For the 2008 program year alonã, Stewardship Ontario r¡,ill distribute a total of $51.8 miilion in cash to Ontario municipalities of behalf of industry stewards. This brings the total cash payment from stewards to municipalities to more than 5229 .5 million since the pro gram beg an tn 2004, In addition to the direct cash payments, municþalities benefit from four linked programs. The first is "in-kild" advertising space made available by Ontario's daily and community newspapers' Since the launch of the program, advertising space valued at nearly $7.8 million has been dedicated to promotìng municipal waste diversion programs. Stewardship Ontario continues to work with municipalities to complete projects that received support unåer the Effectiveness and Efficiency (E&E) Fund which aimed at increasing recycling prògru- efficiency and which r¡,as fully subscribed as of June 1 , 2008. The E&E Fund has been irpiá""a by the Continuous Improvement Fund (CIF), which now directs 20%o of stewards' annual financial allocation to pìojects to increase the efficiency and effectiveness of the Blue Box recycling system. By proliding direct support to municipalities for recycling and with the additional initiatives desðribed above, municipat taxpayers and consumers of printed papers and packagrng enjoy continued access to convenient recycling opporfunities. To find out more about these programs' we invite you to visit the websites shown below. Sincerely 5 \'Vaste Diversicn Ontario MUNICIPALITY OF BAYHAM Glenda Gies Executive Director, Waste Diversion Ontario \¡rt¡'w.wdo.ca Å'*6M ærr-(* 6* Correspondence dated March 31, 2009 from Stewardship Ontario... Page 75 of 403 Page 76 of 403 201 Qu ens Ave ue, Suite 7 0 i:li",i 8#îå,Ì'f.l !\, u,,- u, u, Toll-free: 1 866 294-5446 SOUth WeSt LHIN \ilww.sorthwestlhin.on.ca Board of Directors Meetinq Hiqhliqhts - March 2009 p\o \ The South West LHIN Board of Directors held two meetings during the month of March. The Committee of the Whole met on March 11th, 2009 at the South West LHIN Office in London, and the Board of Directors' meeting was held in Wingham on March 25th,2OOg at the North Huron Museum. The Board to Board Engagement Session held prior to the Board of Directors' meeting in Wingham was attended by approximately 14 people. Following a Board presentation, there was discussion about topics of interest including: Meeting highlights include:. Approval of the South West LHIN Board to Board Reference Group Terms of Reference.. Approval of the submission of the 2009110 Wait Time Strategy Allocation Plans to the Ministry of Health and Long-Term Care for final approval.. Receipt of the Strathroy Middlesex General Hospital External Review Final Report.. Approval for the provision of a $2 million cash advance to Strathroy Middlesex General Hospital at the beginning of the 200912010 fiscal year, to be recovered at the end of the 200912010 fiscal year for assistance with cash flow while costs saving measures are being implemented.. Approval of the 200912011 Multi-Sector Service Accountability Agreements, effective April 1, 2009 for 88 community health service providers. lnformation received included:. Updates from the Board Chair and Board Members regarding engagement activities with Health Service Providers, Health Service Provider Boards and MPPs.. The Health lnfrastructure Renewal Fund (HIRF) capital allocation for hospitals across the South West LHIN of $5,003,317 for the fiscal year 200812009. Highlights from a meeting in February of the South West LHIN with the Hospital Chief Executive Offìcers and Community Care Access Centre Executive Director. A Chronic Disease Prevention and Management update related to the Diabetes Strategy. Update on rural health care initiatives. Status of MPP engagement activities, including a meeting in Toronto with all MPPs on April 27th,2OOg. Update on the three developing residential hospices in the South West LHIN. lf you have any questions or require further information, please contact Sue Davey, Corporate Coordinator Phone : 51 9-640-2561 /1 -866-294-5446 or Email : Sue. Dave:t@lhins.on.ca **Next Meetings - Committee of the Whote - Aprit dh & Board of Directors - Aprit 2gth, 2O0g** a a a a SouÍh West LHIN Office, South West Local Health Integration Network highlights of me... Page 77 of 403 Page 78 of 403 04/08/2009 wED 16! l3 FAx 5194740451 -+a s¿yþ¿m 5 È*mtuff {J0a+ta t4*tot FOR IMMEDIATE RELEASE APRIL 8, 2009 $150 million HELP Clean Water proiect a qo London, Ontario ,,. Both the federal and provincial governments have now given the go-ahead for the HELP Clean Water projects to begin. Letters received by Mayor Anne Marie DeCicco-Best from the Hon, George Smitherman, Deputy Premier of Ontario and Minister of Energy and lnfrastructure and the Hon. John Baird, Federal Minister of Transport, lnfrastructure and Communities have confirmed the completion of the due diligence process for the Huron Elgin London Project (HELP) Clean Water, a regional infrastructure project impacting the clean water resources of 14 municipalities in Southwestern Ontario. The $150 million funding will be shared equally among the three levels of government; Ontario, Canada and the participating municipalities through their membership in the Lake Huron Primary Water Supply System and the Elgin Area Primary Water Suppty System. Eligible costs can now be incurred and construction can begin on such impoñant projects as the Southeast reservoir in London, the twinning of pipelines that will improve transmission capacity and reliability, improving emergency power capacity and providing additional sources of power through green power initiatives. "We are grateful to the Government of Canada and the Government of Ontario," said Mayor DeCicco-Best. "With the joint contribution of $100 million we will be able to realize what has been a visionary hope. The green fight for HELP Clean Water will create jobs to boost the local construction industry and will provide clean waterfor more than 500,000 people living and working in Southwestern Ontario and the growing population for generations to come." HELP Clean Water, a regional infrastructure initiative, was created by the City of London and the two Boards of Management for the Elgin Area Primary Water Supply System and the Lake Huron Primary Water Supply System. lt will serve the clean water needs of communities in the Great Lakes region of Southwestern Ontario located between the shores of Lake Huron and Lake Erie. .30- Media contact: Pat McNally, General Manager and City Engineer, City of London and CAO of the Lake Huron and Elgin Area Primary Water Supply Systems. (51 9) 661-2500 Ext, 4936 øooL / ooL Correspondence dated April 8, 2009 from HELP Clean Water reg... Page 79 of 403 Page 80 of 403 A coÇ MUSEUMS BAYIIAM Minutes of April 8, 2009 Meeting Council Chambers, Bayham Municipal Office Straffordville, Ontario Present: Chair-Bev Hicke¡ Vice Chair- Chuck Buchanan, Secretary-Mayor Lynn Acre, Ray Maddox, Jean Woon, Rosilee Peto, Ron Bradfield, Cheryl Peters Regrets: Brian Masschaele, Mat Schafer 1. CALL TO ORDER: Chairman called the meeting to order at 7:00 pm 2. DECLARATION OF PECUNIARY INTEREST: NONE 3. AGENDA: It was moved by J.Woon and seconded by C.Peters that the agenda be approved with additions. Motion Carried. 4. MINUTES: It was moved by L.Acre and seconded by C.Buchanan that the 5. CORRESPONDENCE: It was moved by J.'Woon and seconded b)¡ C.Peters that the correspondence be received for information. Motion Carried. a) Invitation f¡om Chatham Kent Museum to reception for Grand Opening of new exhibit, "A Stitch in Time", on Friday May 1 at 7:00pm. b) Application from Lincoln Alexander Award2009 to nominate deserving youth who shows leadership in racial affairs. Deadline May 31. 6. UNFINISIIED BUSINESS: a) Environment Canada Air Quatity Ilealth Index: An emailed report from B.Masschaele confirmed that he took part in a provincial conference call with a consultant in which they explored the feasibility of promoting the Quality of Air with museums. The participants were all very impressed with the factthat Museums Bayham already partners with the Erie Shores Windfarm and all agreed that this was a wonderful opportunity for our museums to take the provincial lead on interpretation of wind power. Since this meets with our mandate, it was agreed that we should aggressively pursue this avenue of opportunity. B.Masschaele offered to remain the primary contact for this development with Environment Canada. b) Kiwanis Home & Rec Show: The Chairman thanked all those whom participated. Museums Bayham minutes of meeting held April 8, 2009. File:... Page 81 of 403 April, 8,2009 Page2 Marine Museum Picnic Area Enclosure: The chairman reported that the work has been completed. Additional work was needed, over and above the quoted work, which incurred extra costs of $171.30. It was moved by of $171.30 to Ed Matthews' invoice. Motion Carried. Cork Float from Fanshawe Pioneer Village: B.Hickey reported that he picked up the float and will inquire with local fishermen for possible b ackground information. Edison Gazebo Repairs: Although the 4 worst sides have been skilfully repaired, there still remain 3 sides to be repaired. Ed Matthews is willing to complete the remaining sides for $375.00. It was moved by C.Peters and seconded by R.Peto that we hire Ed Matthews to replace the last 3 panels of the gazebo at a quoted price of $375.00. Motion Carried. Budget Reductions for 2009: Bayham Council has expressed concern over the committee's reduction to Building Maintenance by $5,000 worried that we maybe postponing some important preventative maintenance projects. The Chairman has corresponded with the Clerk to explain that the $5,000 cut included UV protection, which had already been completed and funded from 2008 budget, plus a l-year postponement of lighthouse repainting. NEW BUISNESS A) Lighthouse Electrical Work: Currently the lighthouse receives power from a single wire from a pole located behind it. Both the power box and the breaker are located on the pole. These need to be moved inside the lighthouse. Morse Electric has given a quote of $1,100 to install a small breaker box, with 4 circuits plus an extra light and switchbythe door, full inspection/certification. We can save $150 of this price if we agree to dig the trench from the pole to the lighthouse ourselves. It was Electric and that the chairman be authorized to proceed with the lowest quote. Motion Carried. B) Mould at Edison Museum: C.Peters reported that apair of infant's leather booties was found to be covered with mould recently, even though they were sitting on a dresser. Some discussion followed on possible solutions to this humidity problem including increasing the winter temperature slightly, adding fans to circulate the air and through the heating and ventilation system. The Committee will request that when the annual Municipal fall furnace checks are done, that the contractor be asked for suggestions on how humidity can be reduced through theheatinglventilation system. c) d) e) Ð Museums Bayham minutes of meeting held April 8, 2009. File:... Page 82 of 403 April S,2009 Page 3 C.Peters will contact Mary Gladwin, a conservator, to seek advise on removing the mould from the leather, how to store other "at risk" artefacts and to seek quotes for any costs that may be incurred to achieve these results. C) Marine Museum & Lighthouse Tour: C.Buchanan volunteered to host a tour of 10 people from the St. Williams' 'Women's Institute on May 21 at 3:30 pm. D) Elgin Tourism Summer Student: It was moved by R.Maddox and seconded by E) Interviews for Summer Students: The chairman asked for volunteers to assist with interviewing candidates for summer positions. R.Peto, J.'Woon, R.Maddox and C.Peters expressed willingness to participate pending exact dates and times. F) Student Orientation: C.Peters volunteered to train new student employees and welcomed any committee members who wished to be trained to give personal tours. G) CMA Kellogg's coupons: Our museums are partnering with Kellogg's to see if advertising on cereal boxes attains results. Coupons for free admission are printed on the inside of certain cereal boxes. Rather than mailing in all of the redeemed coupons at year's end, we are now asked to electronically report on the number of coupons redeemed at each location. II) Spring Clean Up at Edison site: C.Peters reported that the Municipality has slated the rotten apple tree atthe Edison site for removal. The parking lot needs another load of gravel and levelling as well as the railway tie parking barriers need to be replaced with cement barriers. C.Peters volunteered to place mulch in the flowerbeds if the Municipality will supply the mulch. It was noted that Bob Graham will trim some saplings from the millstone at the Edison Cemetery. I)Cataloguing Artefacts: It was noted that about 80% of our artefacts do not contain identification numbers. Elgin County Museum staff have offered to train committee members and students on the correct method of identification. The Chairman agreed to contact Mike Baker for the training, once summer students have been hired. Ð Windmill Kit at Interpretive Centre: The Chairman and Vice-Chairman agreed to schedule some time to assemble the windmill, which is stored there. A decision on where to display it will be made after its assembled. Museums Bayham minutes of meeting held April 8, 2009. File:... Page 83 of 403 April S,2009 Page 4 11. NEXT MEETING: 'Wednesday May 13, 2009 at 7:00 pm @ Municþal Office. 12. ADJOURNMENT: It was moved by R.Bradfield and seconded by C.Peters that the meeting be adjoumed at 8:40 p.m. Motion Carried. Chairman Secretary Museums Bayham minutes of meeting held April 8, 2009. File:... Page 84 of 403 Surveyor's Real Property Report regarding "Get to Know Your ... Page 85 of 403 Surveyor's Real Property Report regarding "Get to Know Your ... Page 86 of 403 Surveyor's Real Property Report regarding "Get to Know Your ... Page 87 of 403 Surveyor's Real Property Report regarding "Get to Know Your ... Page 88 of 403 cl5 April L1, 2009. Dear Madam Mayor and Council: I wish to express my concern about the Estherville cemetery and my support for the many citizens who oppose the recent and startling appearance of a commercial building there. Beyond the issue of society's ethical responsibilities to the sanctity of a burialground, this spot holds considerable historical significance in the earliest history of Bayham, and of Ontario. I would like to describe the little bit that I know, which connects Estherville with the history of our house on Erieus Street, in the hope that this information is helpful to council. ln the five years since we purchased the Loyalist house where Port Burwell's first lighthouse keeper lived, I have had the opportunity to discover much about the people who lived in the Vienna- Port Burwell corridor before James Peel Bellairs moved here in 1840. One was the colorful John Buckley Blackburn, who ran a tavern in our house and whose sons, Thomas (the village teacher and later a doctor) and Martin (a sailor) owned farm properties at Estherville. These lands were part of a large grant in 1812 to William Stanton, a land-speculating member of York's (Toronto's) early British gentry, and a force in the government of Upper Canada. lt was the colonial government's intention to open and settle quickly the area around the Otter estuary in orderto consolidate and protect British interests in the Talbot lands along Lake Erie from American marauders at a crucialjuncture in our nation's history. One of many early Bayham surnames that appear on the stones in the Estherville cemetery is that of Joseph Merrill, the renowned pastor of the Baptist church that was erected there before L820, and he is worthy of historical recognition on its own. Among his many associations in Port Burwell and throughout Bayham, I have learned of one which illustrates the depth of the significance of th¡s property. The name Cyrus W. Marsh may be new to those interested in Bayham's history. Born in Massachusetts, he was one of the earliest settlers along Ohio's Lake Erie shore, arriving in the Ashtabula area in L808 and then erecting the first tavern in Sandusky, on its harbor, in 1818. He also operated the stage coach running north from the Kentucky border to the lake. Throughout the 1820s, he hid unknown numbers of runaway black slaves in his tavern, and conveyed them onto a boat, captained by members of his wife's family, for safe conduct to Port Burwell. She died in 1830, and by 1834 Cyrus had crossed the lake himself and was keeping an inn in Port Burwell. ln 1835 he married again; and that ceremony was conducted by Rev. Joseph Merrill, who lived next door to our house on Erieus Street. The first story we learned about our house was that it had been a safe house for escaped slaves. Port Burwell was a major destination of the Underground Railroad, and what we know of Cyrus Marsh, Joseph Merrill and the village's documented connection to other Ontario black settlements suggests that unmarked black graves may lie in the Estherville cemetery. I offer these two examples as evidence of the significant history of this spot, of which there is much more to re-discover. lt holds considerable potential to enhance the attractiveness of the Estherville entrance to Port Burwell and, thereby, the tourism appeal which is such an important aspect of the future economic health of this community. Correspondence dated April 11, 2009 from Susan Start regardi... Page 89 of 403 It would be a missed opportunity to set aside this matter without resolving the serious questions surrounding the transfer of this property into private hands. Regardless of that outcome, the township should re-acquire and preserve this spot as in the best interests of the community at large. As a ratepayer, I would request council to explore any grant opportunit¡es through the province that would financially aid the township to recognize and preserve this significant s¡te. Not to do so would be a missed opportunity for the future of Bayham Township. Sincerely, Susan Start, 16 Erieus Street, Port Burwell, Ontario NOJ 1T0; and R. R. #4, Woodstoclç Ontario N4S 7V8. Correspondence dated April 11, 2009 from Susan Start regardi... Page 90 of 403 CORPORATION OF'THE MUNICIPALITY OF BAYHAM STAFF REPORT TO: Mayor & Members of Council DATE: April 9,2009 FROM: Planning Coordinator/Deputy Clerk FILE: D10.09 SUBJECT: Schafer Consent Applications E17, E18, E19i09 NUMBER: D2009-13 Roll # 34-0 I -000-004-1 0400 Purpose To consider consent applications E17, E18, 819/09 Mathew A. Schafer Ltd. and Mathew Schafer. Background Three consent applications have been received from the Elgin County Land Division Committee submitted by Mathew A. Schafer Limited and Mathew Schafer proposing to sever and create a total of five (5) lots from a parcel approximately 57.4 hectares (141.9 acres). The subject lands are located in Concession T,PartLat 128, north side Heritage Line, west of Toll Gate Road. The southern portion along Heritage Line falls within the Village of Straffordville boundary. The subject land is designated "Agriculture" and the southerly portion "Residential" in the Official Plan and zoned Agriculture (Al) and the southerlyportion Village Residential (R1) in theZoningBy-law No.2456-2003. ApplicationBlTl}g proposes to sever a7386.86m2 11.83 acre) parcel from the subject lands. From that proposed parcel, applications E18/09 andEl9l09 propose to sever and create five lots - each of four lots at 1447 .17 m2 10.30 acre) and one lot at 1605.8 m2 10.39 acre). Staff and Planner Comments The applications promote infilling within the Village of Straffordville boundary in a designated residential area. The proposed lots comply with the Offrcial Plan and ZonngBy-law for lot frontage, depth and size. The lots are required to connect to the municipal sanitary sewer system that extends beyond the proposed lots on the same side of the road. Staff has confirmed that the sewer system and pump station servicing the area has the capacity to support this development. A municipal Sewer Services Permit for each lot will be required and the sanitary sewer stubs are to be installed as a condition of severance. The frontage/connection charges will be collected upon issuance of a building permit. A lot grading plan is recommended to address surface water management. Re-apportionment of the drainage assessment as per the Drainage Act is recommended seeing that the lots are within the watershed of the No. I Municipal Drain. As per the municipal water policy for new lots and Policy 4.4.2.6 of the Offrcial Plan, water quality testing reports including nitrates and bacteria content and water quantity testing reports that all meet Provincial standards are required on each created lot. Staff Report D2009-13 regarding Schafer Consent Applications... Page 91 of 403 Staff Report D2009-13 Schafer Page2 Cash-in-lieu of parkland dedication, 9ll # signage for each lot and a final survey are also recoÍrmended conditions. The County of Elgin will require Road Access Permits to access Heritage Line (County Road 38). Subject to the recommended conditions, staff and the planner have no objection to the proposed severances. Affachments 1. Consent Applications EI7, El8, E19/09 2. IBI Group Memorandum dated March 25,2009 Strategic Plan Goal(s) Goal # 6 Provide and encourage attractive lifestyle choices. RECOMMENDATION "TIIAT Staff Report D2009-13 regarding Schafer severance applications be received; AND THAT Council recommends to the Elgin County Land Division Committee that severance applicationsBlTlD9,El8/0g and 819/09, submitted by Mathew A. Schafer Limited and Mathew Schafer, be approved and each is subject to: 1. $500 cash-in-lieu of parkland dedication fee for each proposed lot 2. apportionment of assessment for drainage as per the Draìnøse Act 3. water quantity testing report on each proposed lot 4. water quatity testing report for nitrates and bacteria content on each proposed lot 5. 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 Respectfully s ubmitted, Planning Coordinator/Deputy Clerk Staff Report D2009-13 regarding Schafer Consent Applications... Page 92 of 403 "tre' tvlog APPLICATION FOR CONSENT ELGIN COUNTY LAND DlVlSloN CoMMITTEE = - Name of Owner Address Telephone Number Telephone Number Please specify to whom all communications should be sent: Owners (/)Solicitor ( )Agent ( ) 3. (a) Type and purpose of proposed transaction: (check appropriate space) Transfer: creation of a new lot Other: addition to a lot easement other purpose (b) Name of person(s), if known, to whom land or interest in land is to be transferred, leased or u o /o o.n rr f, I ;o"; fo (c) lf a lot addition, identifiT the lands to which the parcel will be added: 1.. 2. charge lease correction of title Name of owner's solicitor or authorized agent 4. (a)Location of land: Municipality îo f /o - Concession No' Lot(s) No. / / I Registered Plan No. Name of Streef 4<rìfag Street No. ç6 I t { (b) Are there any easements or restrictive covenants affecting the subject land? yes ( ) ruo ( t' lf Yes, describe the easement or covenant and its effect: 5.Descríption of land intended to be severed: (Accurate Measurements in Metric) Frontage /lt|-67n Depth 17"81 m Area Existing Use A?rî cq /tøL Proposed Use Rt <i./,t n¿ a Number and use of buildings and structures (both existing and proposed) on the land to be severed: 6. Description of land intended to be retained: (Accurate Measurements in Metric) Frontage 237, 0I ¡n oepth ? {6 77 m area f6'70 / Existing Use A ?ric-u lfu" ,, / Proposed Use Hî tí cu l/u"o / Number and use of buildings and structures on the land to be retained: Ì f."h ßo¡n / Gr¿¿,t h"urc t tra¡ail--ç-LL-t/-- v Progiressive by Naturc Staff Report D2009-13 regarding Schafer Consent Applications... Page 93 of 403 -2- 7. Number of new lots proposed (not including retaíned lots) ( 8. Type of access for proposed and retained lot (check appropriate space) TYPE Provincial Highway Municipal road, maintaíned all year Municipal road, seasonally maintained Other public road Right Of Way Water access PROPOSED LOT () (4 () () () () lf proposed access is by water, what boat docking and parking facilities are available on the maínland? (specify) 9. What type of water supply is proposed: (check appropriate space) TYPE Publicly owned and operated piped water system Privately owned and operated individual well Privately owned and operated communal well Lake or other water body Other means (specify) PROPOSED LOT () (r') () () RETAINED LOT ()(4 () () 10.What type of sewage disposal is proposed: (check appropriate space) TYPE PROPOSED LOT Publicly owned and operated sanitary sewage system (t/) Privately owned and operated individual septic tank ( ) Privately owned and operated communal septic system Privy Other means (specify) () () 11. 12. What is the Existing Official Plan designation(s), if any, of the subject land? l/i /(q{u R e t¡ ,/¿n'f " I 13. What is the Zonins, if anv, of the subject land? Has the subject land ever been the subject of an application fo¡ approval of a PIan of Subdivision or a Consent under the Plairning Act? Yes ç /¡ No ( ) Unknown ( ) 15. lf this application is a re-submission of a previous consent application, describe how it has been changed from the original application f7o When will water supply and What is the Zoning, if any, of the subject land? lf Yes, and known, provide the application file number and the decision made on the application 16. (a) Has the owner prevíously severed any land from this holding? Yes (/)No( ) Staff Report D2009-13 regarding Schafer Consent Applications... Page 94 of 403 -3 (b) lf the answer to (a) is Yes, please indicate previous severances on the required sketch and supply the following information for each lct severed: Grantee's name ft¿ Relationship (if anY) to owner Use of parcel Date parcelcreated 12. ls the owner, solicitor, or agent applying for additional consents on this holding simultaneously w1h this appiication, or conlidering âpp$¡ng for additional consents in the future? Yes (l No () 18. l-q the subject land currently the subject of a proposed official plan or official plan amendment thát h¡as been submitted to the Minister for approval? Yes (,: )No (vf lf Yes, ?nd:kngwn, specify the Ministry file number and status of the application 19. ls,the subjeeí land currently the subject of an application for a zoning by-law amend.ment,' lrltinist"r;r?òning order amändment, minor variance, or approval of a plan of subdivision? Yes ()No (4 lf Yes, and known, specify the appropriate fìle number and status of the application 20. ls the application consistent with policy statements issued under subsection 3(1) of the Planning Act? ,.Yes (4 21. ls the subject land within an area designated under any provincial plan or plans? Yes()No (4 lf yes, does the application conform to or conflict with the applicable provincial plan or plans SKETCH: The application shall be accompanied by a sketch showing the following; - the boundaries and dimensions of the subject land, the part that is to be severed and the part that is to be retained; - the boundaries and dimensions of any land owned by the owner of the subject land and that abuts the subject land; - the distance between the subject land and the nearest township lot line or landmark, such as a railway crossing or bridge; - the location of all land previòusly severed from the parcel'originally acquired by the current owner of the subject land; - the approximate location of all natural and artificial'features on the subject land and adjacent lands that in the opinion of the applicant may affect the application, such as OuilOings, railways, roads, watercourses, drainage ditches, river or stream banks, wetlands, wooded areas, well and septic tanks; - the existing use(s) on adjacent lands; - the location, width and name of any roads within or a-butting the subject land, indicating whether it is an unopened road allowance, a public travelled road, a private road or a right of way; - ¡f access to the subject land is by water only, the location of the parking and boat docking facilities to be used; - the location and nature of any easement affecting the subject land. No() 22. Staff Report D2009-13 regarding Schafer Consent Applications... Page 95 of 403 -4 2g. The Owner/Applícant/Agent hereby authorizes Land Division Committee members and the Corporation oiifre Couñty of Elgin staff to enter onto the subject property for the purpose of Site inspections with respect to this application. 24. TheApplicanUOwner/Agent hereby consents to disclosure of the information contained in this Rppl¡cätion pursuant tı Section a2p¡ of Bill 49, Chapter 63, S,O. 1989, being an ActTo provide for'Freedom of lnformation and Protection of lndividual Privacy in Municipalities and Local Boards. Dated at*" fft rnrcrßr{i-lq " AFFIDAVIT OR SWORN DECI-ARATION nruu lTcl.lg,l SC[rGGr u"" " iR,t. ttrC r'tl in the county or solemnly declare that all the information contained in this is true, and lM/e make this solemn declaration conscientiously believing it to be true, and knowing that it is of the same force and effect as íf made under Oath and by virtue of the CANADA EVIDENCE ACT. Signature lf this application ís signed by an agent or solicitor on behalf of an applicant(s), the ownefs authorization must accompany the application. lf the applicant is a corporation acting without agent or solicitor, the application must be signed by an officer of the corporation and the seal, if any, must be affixed. It is required that one copy of this application be filed, together with one copy of the sketch described, with the responsible person, accompanied by a fee of - $750.00 in cash or by cheque made payable to TREASURER, COUNry OF ELGIN An additional fee of $250.00 will be charged for affixing the consent stamp. DECI-ARED before me at the Staff Report D2009-13 regarding Schafer Consent Applications... Page 96 of 403 APPENDIX "A'' The County of Elgin Land Division Committee requires that, in addition to the ?pplication for Consent", the following information be completed for all applications. 1. Are there any barns locaþd within 300 metres of the subject of this application? Yes ( ) No (f lf the answer is "YES" are these barns: i) Now used for livestock? Yes ( )¡D Capable of being used for livestock? Yes ( ) No (4, No ("f NOTE: lfyou answered "YES" to #1. PLEASE COMPLETE THE DATA SHEET BELOW TO BE COMPLETED BYAPPLICANT AGRICULTURAL CODE OF PRACTICE FORMULA ONE DATA SHEET TO CALCULATE THE MINIMUM'DISTANCE SEPARATION REQUIREMENTS FOR NON.FARM USES ESTABLISHING OR EXPANDING IN CLOSE PROXIMITY TO EXISTING LIVESTOCK BUILDINGS ln order to calctllate the minimum distance separation, the following information is required for each livestock facility within 300 metres of the proposed severance and located on a separate lot: NAME TELEPHONE TOWNSHIP LOT coNc. TILLABLE HECTARES (where livestock facility located) Maximum Housing Capacity Number per Year POULTRY 0 Laying Hens 0 Breeder Flock 0 Pullets 0 Chicken Broilers 0 Turkey Broilers 0 Turkey Hens 0 Turkey Toms0 Roasters Open llot ¡ Total & Barn I Confine- Caged , On Floor DRY Open PileSEMI-SOLID Open Pile Covered Pile Storage with Buck Walls Open Earth Sided PitLIQUID Covered Tank Above Ground Uncovered Tank Below Ground Uncovered Tank Staff Report D2009-13 regarding Schafer Consent Applications... Page 97 of 403 TO BE SEIERED PARCELS 1 ro 4 3J# l3 PÆCEL 5 0,16 Ho 0.S7 Ac s<Efd1 tuusßAnNo PRæOæD *VERANC€ PART OF LOTS I27 AND I28 coNcEsslo{ l{oRltl oF TAIBOI RO¡ ÊMAPHIC tvvtt'lgllP OF SA',rHAM NUNIdPAUTY æ BAWAI¡ COUNTY OF E.GIN DETAIL NOf TO æM ,-r, t-'(lo\N t-o-l lflr "$v f o#, CIOSOËTí4l\WORK200næ€62'l.dwg, 613200g I(M HUSTED SURVEY1NG LTD. ONTARIO IIND SUR\EIOR&ffislEf lffiñm¡{uME6|Èæ..{g F& lt..4..w PRMCT: É8ô21 RmÉ nE Staff Report D2009-13 regarding Schafer Consent Applications... Page 98 of 403 COUNTY OF ELGIN 450 SUNSET DBIVE ST. THOMAS, ONTARIO NsR 5V1 PHONE (519) 631-1460 FAX (519) 633-7661 AppLrcAÏoN FoR coNSENr,Þ ;;ü1': & /Qg' 1. 2.Name of Owner Address TelephoneNumber ç¿7 ç66 75,29 Name of owne/s solicitor or authorized agent Sît q f r { ¿ v e Address Telephone Number Please specif,T to whom all communicatíons should be sent: Owners ( "'f Solicitor ( )Agent ( ) 3. (a) Type and purpose of proposed transaction: (check appropriate space) Transfer: ,.' creatíon of a new lot Other: charge leaseaddition to a lot easement other purpose correction of title (b) Name of person(s), if known, to whom land or interest in land is to be transferred' leased or charged: (c) 4.(a) Location of land: Municipality ßYA" Concession No' Lot(s) No.l2 ç Registered Plan No' Name of Street //¿¡.¡ fao t I ì n Street No. lC k < / (b) Are there any easements or restrictive covenants affecting the subject land? Yes( ) No(ø1 lf Yes, describe the easement or covenant and its effect: ry 5. Description of land intended to be severed: (Accurate Measurements in Metric) Frontage 21, îî n oepth {7 , ?l m Area / ¿/ lv,/7 ¿rn Existing u"" -î{-r,lur, Proposed lJse l?¿t) Jqnc'e Number and use ol nrilaing" and structures (both existing and proposed) on the land to be ccurate Measurements in Metric) 5-l ' ?/ n e"" t7/7'$*Ø) Proposed Use Ke.";J¿qo ¿ rtq ?1*l 11. 73^ I Number and use of buildings and structures on the land to be reta¡ned: V*r"r/- Staff Report D2009-13 regarding Schafer Consent Applications... Page 99 of 403 -2- 7. Number of new lots prôposed (not including retaihed lots) -g -ffi- fL¿i 8. Type of access for proposed and retained lot (check appropriate space) TYPE Provincial Highway Municipal road, maintained all year Municipal road, seasonally maintained Other public road Right Of Way Water access PROPOSED LOT () (-f () () () () RETAINED LOT () Gò () () () () lf proposed access is by water, what boat docking and parking facilities are available on the mainland? (specifl¡) 9. What type of water supply is proposed: (check appropriate space) TYPE Publicly owned and operated piped water system Privately owned and operated individualwell Privately owned and operated communal well Lake or other water body Other means (specify) PROPOSED LOT () (r'1 () () RETAINED LOT () (-1 () () RETAINED LOT (-l () () () 10.What type of sewage disposal is proposed: (check appropriate space) ryPE PROPOSED LOT Publicly owned and operated sanitary sewagesystem - ( 4 Privately owned and operated individual septic tank ( ) Privately owned and operated communal septic .system Privy Other means (specify) 11. When will water supply and sewage disposal services be available? 12. What is the Existing Official Plan desígnatioh(s), if any, of the subject land? t'(lor"' Kcoln -fo/ () () 13. 14. Has the subject land ever been the subject of an application for approval of a Plan of Subdivision or a Consent under the Planníng Act? Yes ( ) No ( ?f Unknown ( ) lf Yes, and known, provide the application file number and the decision made on the application 15. lf this application is a re-submission of a previous consent application, describe how it has been changed from the original application n(l 16. (a) Has the owner previously.severed any land from this holding? What is the Zoning, íf any, of the subject land? Yes()No (.f Staff Report D2009-13 regarding Schafer Consent Applications... Page 100 of 403 -3- (b) lf the answer to (a) is Yes, please indicate previous severances on the required sketch and supply the following information for each lot severed: Grantee's name Use of parcel Relationship (if any) to owner Date parcel created 17. ls the owner, solicitor, or agent applying for additional consents on this holding simultaneously w1h this application, or con--sidering apply¡ng for additional consents in the future? Yes (4 No () 18. ls the subject land currently the subject of a proposed official plan or official plan amendment that has been submitted to the Minister for approval? Yes -( )No (vf lf Yes,:and lSnorryn, specify the Ministry file number and status of the application :lg. ls the subjectiand currently the subject of an application for a zoning bylary amqnd.mqnt' ,nlt¡niSt"io¿uning order amändment, minor variance, or approval of a plan of subdivision?'\\\yèì----( ) -No (l lf Yes, and known, specify the appropriate file number and status of the application 20. ls the application consistent with policy statements issued under subsection 3(1) of the Planning Act?Yes (l No() 21. ls the subject land within an area designated under any provincial plan or plans? Yes ( ) No ('.f lf yes, does the application conform to or conflict with the applicable provincial plan or plans 22. SKETCH: The application shall be accompanied by q 9!qt9.h s.!9}1V!,!S tne following: - the boundaries and dimensions of tn" i¡O¡êbfland; \he part that is to be sêvered and the part that is to be retained; , r! ¡ : , - the boundaries and dimensions of any land owned by the owner of the subject land and that abuts the subject land; - the distance between the subject land and the nearest township lot line or landmark, such as a railway crossing or bridge; - the location of all land previously severed from the parcel originally acquired by the current owner of the subject land; - the approximate location of all natural and artificial features on the subject land and adjaient lands that in the opinion of the applicant may affect the application, such as buildings, railways, roads, watercol¡rses, drainage ditches, river or stream banks, wetlands, wooded areas, well and septic tanks; - the existing use(s) on adjacent lands; - the location, width and name of any roads within or abutting the subject land, indicating whether it is an unopened road allówanòe, a public travelled road, a private road or a right of waY; - if access to the subject land is by water only, the location of the parking and boat docking facilities to be used; - the location and nature of any easement affecting the subject land. Staff Report D2009-13 regarding Schafer Consent Applications... Page 101 of 403 -4- 23. The Owner/ApplicanflAgent hereby authorizes l-and Division Committee members and the corporation or tnãiouñtv ãr elg¡n'staff to enter onto the subject property for the purpose of Site inspections with respect to this application' 24. The ApplicanyOwner/Agent hereby cons_ents to disclosure of the information contained in this Apptication purru"nt tã Sàction e2(¡) ot gitl +g, Chapter 63, S'O' 1989, being an Act to provide for Freedom or tniórmation and pròtóction of lndividual Privacy in Municipalities and Local Dated atfl," lll rntrtÊo(ilq ø Boards. AFFIDAVIT OR SWORN DECTARATION of lA/úe solemnly declare that all the information contained in this a ion is true, and lA/r/e make this Jãiã;il'il#;áil'äi;i;;iüñlñ;ti"uiné itto be true, an'd t<nowins that it is of the same force andìtu¡Ëllll.{ uËuliálaauvll uul lùulsllllvuelJ werrevr¡¡Y ¡rYYr 5¡¡e effect as if made under Oath anA Uú virtue óf the CANADA EVIDENCE ACT. DECLARED before me at the day of "rtn" l^[\rtfte0-a[dg- Signature susan Dtanfle tiallovta!', a Commissioner. etc. County of Ëloin' for the Corporation ol the Counly 0l Elgin. lf this application is signed by an agent or solicitor on authoiization must accornþãñy theäpptication. lf the agent or solicitor, the application tu"t ne signeO by an offic ' must be affixed. ' .' It is required th.at one copy of this application be filed, together with one copy of th:e sketch described' with the responsible person, accompanied by a fer of - $750.00 in cash or by cheque made payable to TREASURER, COUNry OF ELGIN An additional fee of $250.00 will be charged for affixing the consent stamp' this in the Gounty of Staff Report D2009-13 regarding Schafer Consent Applications... Page 102 of 403 APPENDIX "A" The county of Elgin Land Division committee requires that, in addition to the "Application for consent"' the following informa[ion be completed for all applications: t NOTE: lfyou answered "YES" to #1. PLEASE COMPLETE THE DATA SHEET BELOW TO BE COMPLETED BYAPPLICANT NAME TELEPHONE coNc.TOWNSHIP LOT TILLABLE HECTARES (where livestock facility located) AGRICULTURAL CODE OF PRACTICE FORMULA ONE DATA SHEEIJg REQUIREMENTS pOR t¡Otl-f¡nU¡ USeS eSfAeLlSH¡Ne OR EXPANDING lN CLOSE PROXIMITY TO EXISTING LIVESTOCK BUILDINGS ln order to calculate the minimum distance separation, the following information is required for each livestock facility within 300 metres of the proposed severance and located on a separate lot: Maximum Housing CapacitY Number per Year POULTRY 0 Laying Hens 0 Breeder Flock 0 Pullets 0 Chicken Broilers 0 Turkey Broilers 0 Turkey Hens 0 Turkey Toms Open llot ¡ Total & Barn I Confine- Caged , On Floor SEMI-SOLID Open PileLIQUID Covered Tank Covered Pile Storage with Buck Walls Open Earth Sided Pit Above Ground Uncovered Tank Below Ground Uncovered Tank Staff Report D2009-13 regarding Schafer Consent Applications... Page 103 of 403 4' f orrh rl GH Pß P ST Ës -a Áoulc &rt<n heu¡e Pq¿þ Barrt P,(n p 5/q{ì o n CS¿,<tq?e) gTorof e the/ FTrv m<nt tú,,/ (ßrcr) U¿ ll lnlainr/ /orry' ft¿tvtrr/ h'y' 9rtvrr,,/ 7r"v;orrþ H<ri t't¡ e KÑw | 2t.'un nt I'a+'rr^l 7 .t' ?',| m re tütas Staff Report D2009-13 regarding Schafer Consent Applications... Page 104 of 403 't. 2. æ "" r::'¿i /a9' Name of Owner 9. Address B /, Telephone Number Name of owner's solicitor or authorized agent (rc aÁo w Address Telephone Number Please specify to whom all communications should be sent: owners ( nf Solicitor ( )Agent ( ) 3. (a) Type and purpose of proposed transaction: (check appropriate space) Transfer: t/ creation of a new lot Other: charge leaseaddition to a lot easement other purpose correction of title (b) Name of person(s), if known, to whom land or interest in land is to be transferred, leased or charged: llo Lr,o,o,n (c) lf a lot addition, identify the lands to which the parcel will be added: 4. (a)Location of land: Municipality /1oí { *, Concession No. Lot(s) No.Registered Plan No. Name of Streel ll¿ri Street No._{ G g9/ (b) Are there any easements or restrictive covenants affecting the subject land? yes ( ) No ( rf lf Yes, describe the easement or covenant and its effect: 5.Description of land intended to be severed: (Accurate Measurements in Metric) Frontase //- ?? ' Depth {7. ?/ n Area Existing tJse /þri. qlfu¡o Proposed Use Number and use of buildings and structures (both existing and proposed) on the land to be severed: 6. Description of land intended to be retained: (Accurate Measurements in Metric) rrontase 4rtul 7 f . ? n Depth {7' ?i n- Area -! Existing Use Proposed Use Re <) J¿ ttc e Number and use of buildings and structures on the land to be retained: counry or Ers¡n Engneer¡ng seÌvices v /29 n€7-72n* tr7- s/^ = Staff Report D2009-13 regarding Schafer Consent Applications... Page 105 of 403 7. 8.Type of access for proposed and retained lot: (check appropriate space) -2- Number of new lots proposed (not including retained lots)cÐ @ (1: TYPE Provincial Highway Municipal road, maintained all year Municipal road, seasonally maintained Other public road Right Of Way Water access lf proposed access is by water, what boat docking and parking facilities are available on the mainland? (specify) 9. What type of water supply is proposed: (check appropriate space) 10. TYPE Publicly owned and operated piped water system Privately owned and operated indjvidual well Privately owned and operated communal well Lake or other water body Other means (specify) What type of sewage disposal is proposed: TYPE Publicly owned and operated sanitary sewage system Privately owned and opetqted individual septíc tank Privately owned and operated communal septic system Privy Other means (specifu) PROPOSED LOT () (4 () () (check appropriate space) PROPOSED LOT ( L/) () () () RETAINED LOT (4 () () () 11. 12. 13. 14 if any, of the subject land? F, a )/¿ 'l- / Has the subject land ever been the subject of an application for approval of a Plan of Subdivision or a Consent under the Planning Act? Yes ( vf No ( ) Unknown ( ) lf Yes, and known, provide the application file number and the decision made on the application 15. lf this application is a re-submission of a previous consent applícation, describe how it has been changed from the original application 1ô. (a) Has the owner previously severed any land from this holding? When will water supply and sewage disposal services be available? What is the Existing Official Plan s), if any, of the subject land? What is the Zoning, Yes ( ,f No( ) Staff Report D2009-13 regarding Schafer Consent Applications... Page 106 of 403 -3 (b) lf the answer to (a) is Yes, please indicate previous severances on the required sketch and supply the followìng information for each lct severed: 17. ls the owner, solicitor, or agent applying for additional consents on this holding simultaneously with this appiication, ór coñsiOer¡nö äpply¡ng for additional consents in the future? ,/Yes (4 No (ûf 1g. ls the subject land currently the subject of a-propose_d official plan or official plan amendment 'that iìas been submitted to the Minister for approval? Grantee's name Relationship (if anY) to owner Use of parcel Date parcel created Yes ()No (vf lf Yes, andlknôwn, specify the Ministry file number and status of the application 19. ls the subjeıt land currently the subject of an application for a zo¡ing by-law- amend.qenf ' Minister'-s zoning order amändment, minor variance, or approval of a plan of subdivision?,/Yes () No (a lf Yes, and known, specify the appropriate file number and status of the application 20. ls the application consistent with policy statements issued under subsection 3(1) of the Planning Act? ./ Yes ú No() 21. ls the subject land within an area designated under any provincialplan or plans? Yes()No(1 lf yes, does the application conform to or conflict with the applicable provincial plan or plans 22. SKETCH: The application shall be accompanied by a sketch showing the following: - the boundaries and dimensions of the subject land, the part that is to be severed and the part that is to be retained; - the boundaries and dimensions of any land owned by the owner of the subject land and that abuts the subject land; - the distance between the subject land and the nearest township lot line or landmark, such as a railwaY crossing or bridge; - the location of all land previously severed from the parcel originally acquired by the current owner of the subject land; - the approximate location of all natural and artificial features on the subject land and adjaient lands that in the opinion of the applícant may.affect the application, such as OuilOings, railways, roads, watercourses, drainage ditches, river or stream banks, wetlands, wooded areas, well and septic tanks; - the existing use(s) on adjacent lands; - the location, width and name of any roads within or abutting the subject land, indicating whether it is an unopened road allówance, a public travelled road, a private road or a right of waY; - if access to the subject land is by water only, the location of the parking and boat docking facilíties to be used; - the location and nature of any easement affecting the subject land. Staff Report D2009-13 regarding Schafer Consent Applications... Page 107 of 403 -4- The Owner/ApplicantiAgent hereby authorízes Land Division Committee members and the Corporation of in. Corñty of Elgin staff to enter onto the subject property for the purpose of Site inspections with respect to this application. The ApplicanVOwner/Agent hereby consents to disclosure of the information contained in this nppticätion pursuant tı Section aÞ10¡ of Bill 49, Chapter 63, S.O. 1989, being an Actto provide toipreeOonì of lnformation and Protection of lndividual Privacy in Municipalities and Local Boards. Datedat,n" lTl rnrcrfn[r\ "t t3t4.dayor ffhrch ,o 23. this of AFFIDAVIT OR SWORN lAlVe solemnly declare that allthe information contained in this solemn âeclaration conscientiously believing it to be true, and knowing that it is of the same force and effect as if made under Oath and by virtue of the CANADA EVIDENCE ACT. Signature )usan Ùtanne riall0!!ay tommissioner, etc. CQunty 0l tlgn, l0r fhe CorDoration oi lhe County 0l tl0ln' -rpÍes Jaruary 6, 2011 If this application is signed by an agent or solicitor on behalf of an applicant(s), the owne/s authorization must accompany the application. lf the applícant is a corporation acting without agent or solicitor, the application must be signed by an offlcer of the corporation and the seal, if any, must be affixed' li"¡ ; It is required that one copy of this application be filed, together with one copy of the sketch described, with the responsible person, accompanied,by a fee of - $750.00 in cash or by cheque made payable to TREASURER, COUNTY OF ELGIN An additionalfee of $250.00 will be charged for affixing the consent stamp. in the County of is true, and lM/e make this DECLARED before me at the Staff Report D2009-13 regarding Schafer Consent Applications... Page 108 of 403 APPENDIX "4" The County of Elgin Land Division Committee requires that, in addition to the "Application for Consent", the following information be completed for all applications: 1. Are there any barns located within 300 metres of the subject of this application? Yes() No(6 lf the answer is 'YES" are these barns: i) Now used for livestock? Yes ( ) No (l- iD Capable of being used for livestock? Yes ( ) No ( 2f NOTE: lfyou answered "YES" to #1. PLEASE COMPLETE THE DATA SHEET BELOW TO BE COMPLETED BYAPPLICANT AGRICUI-TURAL CODE OF PRAGTICE FORMULA ONE DATA SHEET TO CALGULATE THE MINIMUM DISTANGE SEPARATION REQUIREMENTS FOR NON.FARM USES ESTABLISHING OR EXPANDING IN CLOSE PROXIMITY TO EXISTING LIVESTOCK BUILDINGS ln order to calcL¡late the minimum distance separation, the following information is required for each livestock facility within 300 metres of the proposed severance and located on a separate lot: TELEPHONE TOWNSHIP LOT coNc. T|LI-ABLE HECTARES (where livestock facility located) Type of Livestock Maximum Housing Capacity Number per Year . Manure System Housing System check typeLrqurq Sod v DAIRY0 Cows0 Heifers0 Calves Tie Stal Free Stall Loose BEEF 0 Gows 0 Calves0 Feeders 0 400-750 tb.0 400-1100 tb. 0 750-1100 tb. Open llol & Barn Total Confine- ment POULTRY 0 Laying Hens 0 Breeder Flock 0 Pullets0 Chicken Broilers 0 Turkey Broilers 0 Turkey Hens 0 Turkey Toms 0 Roasters MINK - Famolao Caged On Floor HORSES -qHtrFP - Rqmc ,Q Fr¡roc RABRITS VEAI CAI VtrS OTHER MANTIRF STf)RAGtr. DRY Open Pile Covered PileSEMI-SOLID Open Pile Storage with Buck WallsLIQUID Govered Tank Open Earth Sided Pit Above Ground Uncovered Tank Below Ground Uncovered Tank Staff Report D2009-13 regarding Schafer Consent Applications... Page 109 of 403 tl. GH P. i3 f Lt5 5t Æ)- V rori ,u t 17 6n/a;rr"/ ),0'/ t¿l¿r¿ / Xur/ Ç'e-v ttP'( Lt7'l3n t4,t¡nI å#.?1'É 2l?în Staff Report D2009-13 regarding Schafer Consent Applications... Page 110 of 403 lBl Group 203-350 Oxford Street West London ON N6H 1T3 Canada tel 519 4727328 fax 519 4729354 To/Attention From cc Subject Municipality of Bayham Derek Dudek, MCIP, RPP Date March 25,2009 Project No 3405-459 Steno dd 1. 2 3 Memorandum Schafer - Applications for Consent (E17109, E18/09, E19/09) - Heritage Line, Straffordville We have completed our review of the consent applications submitted by Mathew Schafer in support of a proposal to develop five (5) residential lots on a 7386 m'z (1.8 acres) portion of land on the north side of Heritage Line, west of Toll Gate Road, in the Village of Stratfordville. The subject lands are designated "Residential" in the Official Plan and zoned Village Residential (R1) in Zoning By-law No. 2456-2003. The subject lands are currently part of a large farm parcel that includes frontage on Heritage Line and Toll Gate Road. Existing on-site buildings include a pack barn, a greenhouse, and a storage shed, which are all located on the proposed retained lands. The proposed severed lots are all currently vacant, and intended to be developed as single-detached residential building lots. Surrounding land uses consist of similar single detached residential uses along Heritage Line between Toll Gate Road in the east, and the more built-up portion of the Village to the west. There is also a sewage pumping station located directly to the west of the proposed lots. There are no significant natural, hydrological, or landscaped features in the vicinity of the proposed lots. Section 4.3.1.9 of the Official Plan states that major residential development shall be restricted until such time as full rnunicipal sewer and water services are provided. lnfilling through the consent process or through small plans of subdivision to a maximum of five (5) lots will be permitted in the interim. The lands north of the proposed lots are not considered for long-term residential growth, within the Village of Stratfordville boundary. Only lands fronting onto Heritage Line are included, to encourage infill where scattered residential lots had been developed out towards Toll Gate Road. As such, no plan of subdivision is required for these lands as the layout of the lots in this area of Straffordville is oriented to frontage on Heritage Line, with no internal road network necessary. lBl Group is a group of firms providing professional servlces and is aff¡liated with lBl Group Architects Staff Report D2009-13 regarding Schafer Consent Applications... Page 111 of 403 lBl Group Memorandum Municipality of Bayham - March 25,2009 4. Therefore, the proposal may proceed through the consent process, provided the proposal can meet the criteria for new single-unit dwellings outlined in Section 4.4.1.6 of the Official Plan: a. Lot frontage, depth and size: The proposed severed lots would all comply with the minimum frontage regulations (20m), the minimum lot depth regulations (asm), and the minimum lot area (900 m'z). i. The proposed lot frontages are 24.99 - 27 .73. metres; ¡i. The proposed lot depths are 57.9 metres; and iii. The proposed lot areas are 1447 - 1600m'. b. Natural features: There is no natural heritage features on the lands of note that warrant protection through layout of the site. c. Desiqn: The subject lands are of a size that will be able to accommodate on- site landscaping, building form and orientation to achieve energy-saving measures. The proposed higher density of development ensures more cost- effective use of municipal servrces. d. Open space: lt is not considered likely that any part of the subject lands would be suitable for parks purposes, and therefore dedication of open space should be acquired by cash-in-lieu of parkland dedication. e. Adjacent and surroundinq land use: The proposal is compatible with surrounding land uses which consist entirely of residential uses on similar sized lots fronting on Heritage Line. f. Facilities and services: The proposed development will be required to connect to the municipal sanitary sewage system. The Municipality shall ensure that existing or proposed municipal services (including sanitary sewage treatment and disposal, garbage pick-up, storm and surface drainage, roads, sidewalks, and street lighting) are adequate to serve the proposed development. Capacity within the Port Burwell sewage treatment plan must be confirmed prior to approval of the consents. g. Storm drainaqe: The Municipality's engineer should ensure that storm drainage will be accommodated on-site through natural surface flows. A grading plan may be required to address any concerns of drainage directed across proposed lot lines. Staff Report D2009-13 regarding Schafer Consent Applications... Page 112 of 403 lBl Group Memorandum Municipality of Bayham - March 25, 2009 h. Vehicular access: Access to the proposed retained lot will be via Heritage Line, a County road that serves other residential uses. While, it is considered unlikely that any new tratfic hazards would be created as a result of the new lots, the County will confirm this through the consent review process. i. The Planninq Act: This policy refers to plans for residential subdivisions and as such is not relevant to this application. 5. lt should also be noted that Section 4.4.2.6 of the Official Plan requires proof of potable water within the Village of Straffordville, as there is currently no municipal water supply 6. Based on our review of the Official Plan policies and Zoning By-law regulations we have no objection to the proposed amendments subject to the following: a. Written confirmation from the WaterMastewater Superintendent of adequate municipal services, with particular regard for sewage capacity; b. That the applicants provide proof of potable water supply, and that written confirmation from the WaterMastewater Superintendent confirms that it meets Provincial standards; c. Written confirmation from the County Engineer that development of the retained lands for residential purposes will not create any traffic hazards on Heritage Line. 7¿r',1 IBI GROUP Derek Dudek, MCIP, RPP Consulting Planner to the Municipality of Bayham Staff Report D2009-13 regarding Schafer Consent Applications... Page 113 of 403 Page 114 of 403 4 CORPORATION OF THE MUNICIPALITY OF BAYHÄM STAFF REPORT TO: Mayor & Members of Council FROM : Planning Coordinator/Deputy Clerk SUBJECT: Daniel Road Use Agreement Roll # 34-01-000-006-03500 DATE: Apn19,2009 FILE: NUMBERzD2009-14 Purpose To consider Draft byJaw 2009-053 authorizing a road use agreement (Daniel). Background The Daniels purchased 54890 Baldwin Line in March 1998. Soon after they constructed a new home and bam on the property. [n anticipation of selling the property, Ms. Daniel approached the municipality for clarification on the status of the driveway and whether or not it complied with municipal regulations. Staff Comments Research revealed that the driveway for the property owned by Janet Daniel, is located on an unopened section of the road allowance known as Baldwin Line, located between Concession North Gore and Concession 8, through Lots 12 and 13. It was determined that a road use agreement is required for the continued use. Ms. Daniel has reviewed and signed the agreement that is presented to Council for consideration at this time. Attachments 1. Draft By-law 2009-053 Road Use Agreement Strategic Plan Goal(s) Goal # 2 Ensure reliable, well maintained and secure infrastructure RECOMMENDATION "THAT Staff Report D2009-14 regarding the Daniel road use agreement be received; AND THAT By-law 2009-053 regarding a Road Use Agreement with Janet Daniel for a portion of Baldwin Line road allowance be presented to Council for enactment." Kyle Planning Coordinator/Deputy Clerk Staff Report D2009-14 regarding Daniel Road Use Agreement. ... Page 115 of 403 THE CORPOR,A,TION OF' THE MIJNICIPALITY OF BAYIIAM BY-LAW NO.2009 - 053 A BY.LAW TO AUTHORIZETIJ.F EXECUTION OF'AROAD USE AGREEMENT BETWEEN TIIE MUNICIPALITY OF BAYHAM AND JA¡IET ELIZABETH DANIEL WIIEREAS Section l1 of the Municþal Act, 2001, S.O. 2001, c. 25 as amended provides that a lower tier municþality may pass bylaws respecting highways. AND WHEREAS Janet Elizabeth Daniel has applied to the Municipality for permission to utilize a portion of road allowance closed to vehicular traffic for the purpose of access to a residence ald accessory buildings located on her property. AND WIIEREAS the Council of the Corporation of the Municipality of Bayham is desirous of entering into such agreement to grant such permission subject to terms and conditions set forth in such agreement. NO\ü THEREFORE THE CO{JNCIL OF' TIIE CORPORATION OF TIIE MUNICIPALITY OF'BAYHAM ENACTS AS FOLLOWS: 1. THAT the Mayor and Clerk be and they are hereby authorized and directed to execute the Agreement attached hereto as Schedule ",A'" and forming part of this byJaw, between the Corporation of the Municipality of Bayham and Jarìet Elizabeth Daniel, being a road use agreement for certain public highways under the jurisdiction and control of the Municipality of Bayham. 2. THAT this byJaw shall come into full force and effectupon final passing. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 16th DAY OFAPRIL 2009. MAYOR CLERK Staff Report D2009-14 regarding Daniel Road Use Agreement. ... Page 116 of 403 AGREEMENT THIS AGREEMENT made in triplicate this - day of BET\MEEN: ,2009 JA¡IET ELIZABETII DA¡IIEL of the Municipality of Bayham, in the County of Elgin hereinafter called the OWNER OFTHEFIRSTPART -ÄND. THE CORPORÁ.TION OF THE MUNICIPALITY OF'BAYHÄM hereinaft er called BAYHAM OF THE SECOND PART WHEREAS: 1.The Owner is the only owner of lands and prernises described in Attachment "4" attached hereto and illushated on Attachment "B" attached hereto. Bayham is the owner of all opened and unopened road allowances within the Municipality and in particular the road allowance illustrated in Attachment "B" attached hereto. The Owner has requested Bayham to grant permission to utilize the road allowance closed to vehicula¡ traffic illustrated in Attachment "B" hereto for the purpose of access to a ¡esidence and accessory buildings located on the property NOW THEREFORE IN CONSIDERATION of the premises and other good and valuable consideration and the covenants and agreements hereinafter to be performed, the parties hereto covenant arid agree as follows: Bayham, during the pleasure of Council, subject to the terms, conditions and covenants of this Agreement, allow the Owner to use the said lands for access to a private residence and accessory buildings, until such time as any part or parts ofthe said lands are required by Bayham for any puq)ose. The Owner shall not construct any permarient structures, fencing, gates, or otherwise on the said lands, except as approved in writing by Bayham. The Owner shall use the said lands for the purposes ancillary to the agricultural use for access for ingress and egress. The Owner shall maintain any and all improvements permitted in all respects to the satisfaction of Bayham and upon its direction. In no circumstances shall Bayham be responsible for the costs of any improvements, maintenance, damages, or other expenses associated with the permitted improvements. The Owner shall always indemnify and keep indemnified Bayham against all actions, suits, claims, and demands whatsoever which may be brought against or made upon Bayham, and against all loss, costs, damages, charges and expenses whatsoever which may be incurred, sustained, or paid by Bayham in consequence of the use of the said lands or otherwise by reason of the exercise by the owner of the permission hereby granted to use the said road allowance, and the owner hereby grants to Bayham full power and authority to settle any such actions, suits, claims, and demands on such terms hereby covenants o by Bayham in pur d reasonable costs n s, suits, claims, or l. J 4. Staff Report D2009-14 regarding Daniel Road Use Agreement. ... Page 117 of 403 a 5. If the Owner fails to proper condition or to use it contrary to the provisions of this A terminate the Agreement on five (5) days written notice to the ination, the Owner shall restore the land to its condition prior to the execution of this Agreement. 6. No length of time or enjoyment by the Owner of the lands or any part or parts thereof shall eñure or give a rigit to the Owner or its heirs, successors, or assigns to retain the said lands or any part or parts thereofor acquire an easement or shall deprive Bayham by the operation of Jny søtute of limitation or otherwise of any right to require the vacating ofthe said lands. 7. If at any time after the execution of this Agreement the Council of the Municipality of Bayham, in its sole discretion, resolves to terminate the privileges granted herein, the Owner agrees to remove the works, or any part or parts thereof, and to restore the lands to the condition as existed at the date of execution of this agreement if so required by the Municipality in its sole discretion, within sixty days next after notice in writing of such resolution has been delivered or posted by prepaid mail to the Owner and the Owner shall not be entitled to claim any damages whatsoever for the removal of the works or any parT or parts thereof. 8. Bayham reserves the right, for itself and all members of the public, to use the said lands for access to and uses as deemed appropriate in its sole discretion. 9. The Owner covenants and agrees with Bayham that in the event of the Owner transferring or selling the lands or any part thereof, the Owner shall forthwith notifr Bayham in writing of such transfer or sale togetler with the name and address of the transferee or purchaser. 10. The Owner covenants and agrees with Bayham that for the purpose of this Agreement, notice may be given to the Owner by mailing the notice post paid and addressed to the Owner at the address of: 54890 Baldwin Line, RR 1 Eden ON NOJ 1H0. I l. This Ageement and everything contained shall respectively enure to the benefit and be binding upon the parties hereto, their heirs, executors, administrators, successors, and assigns respectively. 12. The Owners, at their expense, shall register this Agreement on title to the Lands. The Owners shall cause a registered copy to be delivered to the Municipality. IN 'ù/ITNESS WHEREOF Bayham has hereunto afFrxed its Corporate Seal under the hand of its proper signing officers duly authorized on its behalf and the Owner has hereunto set her hand and seal. THE CORPORATION OF THE MUNICIPALITY OF BAYHAM Mayor Lynn Acre Clerk Lynda Millard Date Staff Report D2009-14 regarding Daniel Road Use Agreement. ... Page 118 of 403 Attachment ttÄtt Pro¡rerty Descrirrtion Legal Description: Concession 8 South Parl Lots 12 &. 13, RPl1R5288 Part 3 AssessmentRollNumber: 34-01-000-006-03500 Municipal Address: 54890 Baldwin Line Staff Report D2009-14 regarding Daniel Road Use Agreement. ... Page 119 of 403 Attachment (rBt' //-R-szae 4 ,J,-.- * ;g \ rr-s,1ç. 1 -'<--t t.. -.- -È Unopened Road AIIowance Staff Report D2009-14 regarding Daniel Road Use Agreement. ... Page 120 of 403 CORPORATION OF THE MUNICIPALITY OF BAYIIAM STAFF REPORT TO: Mayor & Members of Council DATE: April 9,2009 FROM: Planning Coordinator/Deputy Clerk FILE: A O'i SUBJECT: Road Access and Water/Sewer Services Permit NUMBER: D2009-15 Policy and Procedures Purpose To consider Road Access and Water/Sewer Services Permit (the "Permit) with Policy and Procedures. Background As a result of the need for an internal permit system for addressing road access and water/sewer services installations, staff has prepared a permit system with accompanying policy and procedures and fees. Staff Comments The "Permit" is used by a property owner(s) to obtain approval for the installation of accesses (driveways) and municipal services. The Road Access portion of the permit requires approval by the Manager of Public Works or his designate. The permit states the required construction materials and location of an access to a property. The Water/Sewer Services portion of the permit requires approval by the Water/Wastewater Superintendent or his designate. The permit states the required materials and location for the installation of the water connection stub andlor the sewer connection stub from the main(s) to the property line. Staff have been using the "Permit" for a few months on a trial basis to fine-tune the permit and the procedure. It has been confirmed that there is significant time and costs associated with the appropriate supervision and inspection of these service installations. Initiating a permit system is intended to ensure such services are properly installed and inspected, that municipal properties are appropriately repaired, and allows for cost recovery. Those related costs have been discussed and incorporated in the Treasurer's Report F2009-023, also presented in the April 16 meeting agenda. Attachments 1. Road Access and Water/Sewer Services Permit 2. Road Access and Water/Sewer Services Permit Policy and Procedures Strategic Plan Goal(s) Goal # I Practice responsible hnancial management Goal # 2 Ensure reliable, well maintained and secure infrastructure Goal# 4 Be dedicated to service excellence Staff Report D2009-15 regarding Road Access and Water/Sewer ... Page 121 of 403 Staff ReportD2009-I5 Road Access Water/Sewer Svcs Permit Page2 RECOMMENDATION "TIIAT 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.' Planning CoordinatoriDeputy Clerk Staff Report D2009-15 regarding Road Access and Water/Sewer ... Page 122 of 403 THE CORPORATION OF THE MUNICIPALITY OF BAYIIAM Box 160, 9344Plark Road, Straffordville ON NOJ 1Y0 Phone (519) 866-5521 * Fax (519) 866-3884 Property Roll # 34-01-00 ROAD ACCESS AND WATER/SE\ryER SERVICES PERMIT SECTION 1 _PROPERTY OW\ER INF'ORMATION Date Property Owner(s) Name: Applicant's Mailing Address Postal Code Telephone No.Fax No.Cell SECTION 2 - LOCATION AND DESCRIPTION OF WORK 911 # and Street/Road Name Concession Lot Plan Description of Work Side of Road (Circle One) North South East West Proposed Start Date Estimated Completion Date NOTE: A plan/sketch showing the location of the above described work and/or service MUST accompany this application on the back. All relevant measurements and depth of work will be shown. If this permit is for the purpose of constructing or altering an entrance please define the area so that the exact location may be inspected. (i.e. stakes at property line, paint lines etc.) SECTION 3 - CONTRACTORINFORMATION Road Access Contractor Name Contractor's Address Telephone No.Fax No. Water and/or Sewer Installer Name I¡staller's Address Phone No.Fax No. SECTION 4 - STREET/ROAD ACCESS SPECIAL CONDITIONS AND APPROVAL CALL THE MUNICIPAL OFFICE 519-866-5521 TO MAKE AN APPOINTMENT FOR A SITE MEETING WITH THE MANAGER OF PUBLIC WORKS To Be Completed by Municipal Staff Requirements for the Entrance Fee $160.00 Length of Culvert Pipe DrivewayWidth m Diameter of Culvert Pipe m Surface Type Special Conditions Manager of Public Works Date Approved Date Complete Staff Report D2009-15 regarding Road Access and Water/Sewer ... Page 123 of 403 SECTION 5 _ WATER & SE\ryER SERVICES SPECIAL CONDITIONS ÄND APPROVAL CALL 519-874-4761 TO MAKE AN APPOINTMENT FOR A SITE MEETING WITH THE I4/A TE R/WAS TE I'YA TER S UPE RINTE ND E NT. To Be Completed by Municþal Staff Requirements for the Municþal Water Fee $170.00 per service Water Line Size: 3/ou 7" Type of Line: soft copper 160 Series Plastic The Onta¡io Building Code requires l4-gauge solid copper light coloured plastic coated tracer wi¡e on non-metallic pipe from the watermain to water meter. Requirements for the Municioal Sewer Sewer Pipe Size: 5" PDC Type ofPipe: SDR 35 Sand bedding surrounding the pipe is required. If applicable, road re-construction requires a layer of compacted Granular "A" gravel between the layer ofsand bedding and the surface asphalt bed. Special Conditions 'Water/lvastewaterSuperintendentorDesignate DateApproved Date Complete Initials SECTION 6 - SKETCII OF THE SUBJECT PROPERTY- Show dimensions of subject property - Show location of driveway/access with measurements from property lines (indicate in metres or feet) - Indicate road/street with correct road./sheet name(s) ^ lndicate location of municipal water (if applicable) and sewer main (if applicable) I N In regards to this application, the property owner is responsible for the restoration ofmunicipal property, including but not limited to road surfaces, sidewalks and drainage wo¡ks to the satisfactioo óf ttr" pott;" Works Superintendent. I have read, understand and agree to the conditions and requirements set forth on this application and assume all cost incurred by the Municipality of Bayham, liability for all damages which may bãlncurred and to indemnifl' and hold harmless the Municipality of Bayham from any u.ìionr, claims, suits or demands made against the Municipality by any person arising out of the issuance of this permit. DateSignature of Property Owner \Vord,/Pemits Staff Report D2009-15 regarding Road Access and Water/Sewer ... Page 124 of 403 Municipality of Bayham ttRoad Access and Water/Sewer Services Permitt' Policy and Procedures Effective April 16,2009 Policv Effective immediatel¡ all requests for road access, water main connections and sewer main connections shall be subject to the approval of a "Road Access and Water/Sewer Services Permif'. Procedure 1. A request for a driveway, waler main connection and/or sewer main connection to a property shall require a"Road Access qnd ll'ater/Sewer Services Perrnif'. 2. Copies of the permit application are available from the Chief Building Ofhcial, Manager of Public Works, Water/IVastewater Superintendent and frling cabinet at front reception. 3. A property o\ryner must complete, sign and submit it to the municipal office for processing with the applicable fee as per the most current Rates and Fees By-law. 4. The appropriate staff member (Manager of Public V/orks and/or WaterÆVastewater Superintendent) shall review the permit application for completeness, speciff the requirements for the proposed works, provide signed approval and ensure that the property owner receives a photocopy of the permit. 5. The appropriate staff member shall inspect the completed works and, if completed to their satisfaction, indicate on the original permit that the works are complete and date it. 6. In the case of the permit being a condition of an application for consent: a) the Road Access portion of the permit must be approved to satisfu the condition of severance. Installation of the access would remain the responsibility of the builder as per the approved permit. Should the builder require a change to the permit, a neìil permit is required. b) the Water/Sewer Services portion of the permit must be approved and the services installed to satisff the condition ofconsent. 7. A completed copy of the permit shall be filed in the appropriate roll frle at the municipal office and./or a copy frled with the Chief Building Official, if applicable. Word/policy/Road Access and... Staff Report D2009-15 regarding Road Access and Water/Sewer ... Page 125 of 403 Page 126 of 403 CORPORATION OF THE MUNICIPALITY OF BAYTIAM STAFF REPORT TO: Mayor & Members of Council Date: April 16,2009 FROM: Drainage Superintendent File: DR¿009-002 SUBJECT: Petition for I)rainage from Abraham Peters Purpose: This report is to present to Council the Petition filed with the Clerk, of the Municipality of Bayham, on April 6, 2009. The petition is for a drainage works for lands owned by Abraham Peters, being Lot7, Concession 8. Background: Section 4(1) of the Drainage Act provides for a petition for the drainage by means of a drainage works of an area requiring drainage as described in the petition may be filed with the clerk of the local municipality in which the area is situate by: (a) The majority in number of the owners, as shown by the last revised assessment roll of lands in the area, including the owners of any roads in the area: (b) The owner or owners, as shown by the last revised assessment ro11, of lands in the area representing at least 60Yo of the hectarage in the area; (c) Where a drainage works is required for a road of part thereof, the engineer, road superintendent or person having jurisdiction over such road or part, despite subsection 61 (5); (d) Where a drainage works is required for the drainage of lands used for agricultural pu{poses, the Director. The Drainage Act provides that Council must give consideration to the petition and, within thirty days (Section 5.1.a) of the filing, decide whether or not it will proceed. If Council decides not to proceed then written notice of its decision must be sent to each petitioner. A petitioner may appeal to the Ontario Drainage Tribunal if Council decides not to proceed, or if Council does not act on the petition within 30 days. It may be diffrcult for Council to make a decision on the validity of the petition as it is based on definition of the "area requiring drainage". Initially, the petitioner(s) define this area on the petition they submit, however the area must be defined by an engineer at the "on-site meeting" to determine the validity of the petition. Staff Report DR2009-002 regarding Petition for Drainage from... Page 127 of 403 Staff Report DR2009-002 2 April16,2009 If the Municipality decides to proceed then written notice of its decision must be given to (Section 5.16): (a) eachpetitioner; (b) the Clerk of each local municipality that may be affected; (c) the Conservation Authority that may be affected; (d) the Ministry of Natural Resources; (e) The Ministry of Agriculture, Food & Rural Affairs. The Municipality must appoint an engineer within sixty days (Section 8.3) of giving notice to proceed. The choice of engineer is the decision of Council. When appointed by Council to prepare a report on the drainage work, the engineer is to file said report within six (6) months (Section 39.1) of the appointment. Following the appointment the engineer must (Section 9.1) cause the Municipal Clerk to send a written notice, specifying the time and place of an "on-site meeting". The notice must be served seven days prior to the proposed site meeting. Staff Comments: The land in question for drainage is Lot 7, Concession 8 in the Municipality of Bayham. Mr. Peters is presently attempting to sever this land into two parcels. Once that severance is completed Mr. Peters is proposing a five lot subdivision on one of the parcels. The land in question has the Bartley Municipal Drain passing through it along a west to east line. This is a tile drain that outlets into an open ditch. The tile drain location does not line up with Mr.Peter's lot division, so he wants the drain to be relocated to line up with one of the lot boundaries. The new lots being created, along with the new road will require drainage, therefore the petition for drainage is required. The realignment of the existing tile drain can be accomplished by Council appointing an Engineer to prepare a report. It is also conceivable that the realigned drain may have to be increased in size to accommodate the increase in runoff from the change of use from agricultural to residential. 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 repairlimprovement 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. Goal#5: Develop a new and improved infrastructure network. Staff Report DR2009-002 regarding Petition for Drainage from... Page 128 of 403 Staff Report DR2009-002 April 16,2009 Recommendations: TIIAT Council of the Municipality of Bayham acknowledges the filing with the Clerk of the Petition for drainage works by Abraham Peters. AND TIIAT Staff Report 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 of the Drainage Act, for Council's consideration. BiIl Kniftón / Drainage Superintendent Staff Report DR2009-002 regarding Petition for Drainage from... Page 129 of 403 '7,t ¡lrrEfvE APg, -  ?009 MUI'JICIPA tITy OF BA yHAM EÕ? Munlclp¡l World Llmlted, St. Thomas, Orrtarlo Form No. 236-A PETITION FOR DRAINAGE \il'OIIK we, being o'vnìers, as shown by the last revised assessment roll, of lands in the /hu*tc¡/r1ttry' or ßn/uø , requirirrg drainage, hereby peiition that the area more particularly described as follows: Ko ¿-c # 8/ot ooo oo s o >Act Co,u..s},o. & Fr*, Lol 7 R P // R 71oo Pnr¿r / ârtry' KFIIR trsqS /.t'-z / l)cscribc thc arcu by ¡rtetcs and llounds, giv- irr¡1 ench lot and plrrt of lot, rrrrnrbcr of cottces- siorr or slfect, ¡rnd i¡cres i n each lot or ¡rnrt of lot. |ìECEIVE may be drained by means of a drainage works. SIGNATURIì OF OWNER MUNI(:IPAI-ITY ß n yvnrrt Staff Report DR2009-002 regarding Petition for Drainage from... Page 130 of 403 CORPORATION OF THE MUNICIPALITY OF BAYHAM STAFF REPORT TO: Mayor & Members of Council DATE: April 8, 2009 FROM: Administrator FILE: '4. -:-' SUBJECT: Road Closure Application - Concession 5 and South Gore NUMBER: PR2009-10 Purpose This report is further to a request that the Municipalþ consider closing and conveying a portion of the road allowance between Concession 5 and Concession South Gore, through Lots 1 and2. Background Staff have received a request to close and convey a portion of the mentioned unopened road allowance from an abutting property owner. The applicants property is currently licenced and utilized for aggregate (sand) extraction. The applicants are interested in acquiring the road allowance to enable extraction and rehabilitation closer to the existing property line. Staff Comments Council practice in applications for closure and conveyance of unopened road allowances has required the applicantpay all surveying, legal, and advertising costs, along with an administrative fee of $350. ln addition, Council has considered the conveyance price on an individual basis. The applicants have been advised of these requirements, and indicated that they wish to proceed. In regard to the conveyance, it is reasonable to set a price for conveying the lands in this case, as there are no extenuating circumstances evident (ie: exchange of lands etc). The value of the lands could be established with the assistance of an appraiser. In this case, the applicant abuts the subject road allowance on one side only, and therefore it is suggested that discussions will be required with the other abutting owner. Staff have carried out a preliminary review, and do not foresee future municipal use for the lands in question. The process required under Municipal procedures will include public notice to determine if other issues may exist. Staff therefore do not see any barrier to proceeding, subject to the following: r That the property be conveyed at avalue to be determined by appraisal. That the applicant agree to pay necessary expenses (in full) including any required legal, survey, advertising, administrative and appraisal costs. That owners of lands abutting the road allowance be afforded opportunity to acquire the allowance to the mid-point It is suggested that the Municipality initiate closure procedures in accordance with the municipal notice by-law and proceed subject to any public comments that may come forward in the public process. Attachments 1. Letter of Application - Bernie Janssen on behalf of Mr. Strickland and Mr. Walker 2. Sketch of subject unopened road allowance Staff Report PR2009-10 regarding Road Closure Application - ... Page 131 of 403 Recommendation THAT staff be directed to initiate required procedures pursuant to the Municipal notice by-law to close a portion of unopened road allowance between Concession 5 and Concession South Gore, through Lots 1 and2 provided the applicants pay required expenses, and that upon closure of the road, the lands be conveyed to the abutting property owners at appraised value. Staff Report PR2009-10 regarding Road Closure Application - ... Page 132 of 403 LANDSCAPE, ARCHITECTS Apnl7,2009 Municipality of Bayham P.O. Box 160 9344 Plank Road Straffordville, Ontario NOJ lYO Attention: Mr. Kyle Kruger, Administrator DearMr. Kruger: RE: Unopened Road Allowance Part Lot 1-3, Between Concession 5 and South Gore, Municipality of Bayham (formerly Bayharn Township), Elgin County We have been requested by Mr. Strickland and Mr. Walkerto follow up your letter ofNovember 24,2006 regarding the elosure and conveyance of the unopened road allowance located on the north boundary of the lands owned by Mr. Walker along Richmond Road. Mr. Walker would like to proceed with acquiring the unopened road allowance on both sides of Riehmond Road located between Concession 5 and Concession South Gore or Concession 6, adjacent to his properties in Lots I and 2 and Part Lot 3, Concession 5 (see attached Ontario Base Map). If you have any questions or require any additional information please call the undersigned at (519) 765- 1998 or Mr. Shickland at (519) 773-2379. Sincerely, HARRINGTON AND HOYLE LTD. Encl. c.c. John and Jon'Walker c.c. Brent Strickland l-l 91 Ande¡sonAVe Unit f2 lr4arkhanr, O¡i L6E 145 Tel: i9O5)294-82ô2 Fax: r905) 2L)1-752] markh.rn¡@l¡a;ringtorr-hoyle.conr fl 55AinslicSt.N.,2ncl Floor,Cambriclge,ON NlRiJfiTel:t51ctt710-725û Fax: ,i19¡71O-)l19canrbricìge@harrington-hoylecom Staff Report PR2009-10 regarding Road Closure Application - ... Page 133 of 403 rfN I o I\ttf) ç16\ ll'n-5915 oo-t-ooB 4ì.5¿"NC. LOT ( LOT oo7- oo6 GË.Â3AC. 00? - 2ò1.2 æ- oêl-ê+3 -'oZ drË ro olrã | l"i-s \r I I I I I Þ€+l êS:€+l¿. òı-'F4Þ*, o0+¡äo +?rûF¡rc. 00-1- OOì 35.41 Ac. 0ô7- ot ¿ 100.0ô Ac. Staff Report PR2009-10 regarding Road Closure Application - ... Page 134 of 403 1) CORPORATION OF THE MUNICIPALITY OF BAYHAM STAFF REPORT TO: Mayor & Members of Council FROM: Administrator SUBJECT: Designation of Lands as Part of Road System - Carson Line DATE: April6,2009 FILE; T Lo-+ NUMBER: PR2009-09 Purpose This report is in regard to the designation of lands abutting Carson Line as part of the Municipal public highway system. Background Staff have received information from Mr. Brian Bovan, solicitor for 1634386 Ontario Limited regarding a potential outstanding designation of lands as part of the road system. The issue has arisen as a result of the conveyance of property owned by his client. At issue is several parcels identified as Parts 1,2,4 and 6 Plan 11R-1026. In1976, Parts l, 2 and 6 were conveyed by John Vieraitis and Part 4 was conveyed by Bob Royal Thomas Tracey to the Township of Bayham. These transfers were completed and appropriately registered at the registry office. The deed for Part 4 did specify that the conveyance was for road widening purposes. The attached sketch outlines the parcels in question. As a result of the transfer of these parcels, and absent dedication of the lands as part of the public road system, the abutting property then does not have frontage on the public highway. Staff Comments As mentioned, staff have copies of the deeds transferring these parcels to the former Township, dated in late 1976 and finally registered inearly 7977. Given the information available regarding Part 4,and given thatthe alignment of Parts I,2 and 6, it is reasonable to conclude thatthe transfers were forroad widening purposes. The lands have not been dedicated as part of the road system, and as a result abutting properties do not have frontage on the road system. The dedication of the subject lands as part ofthe public road system therefore appears appropriate. Attachments 1. Sketch - Parts 1,2, 4and 6 Plan 11R-1026 2. Draft By-law No. 2009-052,to assume and establish lands in the Municipality of Bayham as part of the open public highway system (Carson Line Strategic Plan Goal(s) 1. Goal#2 - Ensure reliable, well maintained and secure infrastructure 2. Goal #4 - Be dedicated to service excellence Recommendation THAT draft By-law No. 2009-052,being a By-law 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. , Administrator Staff Report PR2009-09 regarding Designation of Lands as Par... Page 135 of 403 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO.2009-052 A BY-LAW TO ASSUME AND ESTABLISH LANDS IN THE MUNICIALITY OI'BAYHAM AS PART OF THE OPEN PUBLIC HIGHWAY SYSTEM (CARSON LINE) \MHEREAS the Municipality of Bayham acqüired properties for the purposes of improving and/or widening the municipal road known as Carson Line; AND WHEREAS the Council of the Municipality of Bayham desires to establish the said parcels of land as part of the open public highway system of the Municipality pursuant to Section 3l(l) of the Municipal Act, 2001, S.O. 2001, c.25, as amended. TIIEREFORE THE CO{'NCIL OF THE CORPORATION OT'THE MI]NICIPALITY OF' BAYIIAM ENACTS AS FOLLOWS: l. THAT the parcels of land listed below and situated in the Municipality of Bayham in the County of Elgin be and the same are hereby assumed and established as part of the open public highway system of the Municipality of Bayham: Description Public HiehwaY Part of Lots 16 and 17, Concession 10, Municipality Carson Line of Bayham, County of Elgin, designated as Parts l, 2 and 6 on Plan I I R- I 026 Part of Lot 16, Concession 10, Municipality Carson Line of Bayham, County of Elgin, designated as Part4 onPlan llR-1026 2. THAT this bylaw shall take effect upon the date of its registration in the Land Registry Offrce for the Registry Division of Elgin (No. I l). 3. THAT the Clerk or designate is hereby authorized to amend the parcel designation noted in this ByJaw, if necessary upon registration of this By-law. READ A X'IRST, SECOND TIME AND THIRD TIME AND FINALLYPASSED THIS l6rH DAY otr' APRTL, 2009. MAYOR CLERK Staff Report PR2009-09 regarding Designation of Lands as Par... Page 136 of 403 PÄRT 3 \\ t'Li.t,i lrR-rc:16 \ þ-tRr-tl ""í:H ba" * Nort tætrtn¿ats ñc! þ!.¡loq. Ostoll Not lo ScalÇ ñ r 6ts arr (Ä.i li.to.c ó &..1 Aro . 2?oa'l ìd I I r.,h! Fhñ ilî-t¡ró | cù ! ¡¡ır r( ¡.ù,)( r..t.¡ r.i rr- rô86) ff 6aoot'!¡"w I troo l( ñ¡0. fFaRr ' ì t\ .l¡ il \ \) \,.. \ \ '<l \ \ ô\ 1 { NOIE: lB¿uuúrt 971t6 t' lÐp$¡ÞJd lo pÞiryl.oltt ¿ol¡r. lStE ta.t tZZ99) \-i kiìì-ìa¿ >r- traroor'¡o"w CONCESSI ôÞÉN ì g\ '\ È,1 e\ I :\ l, .\ \ \\\ \/t/ ALLOIVANCE o\ '.¿'4 þl tlj Ðt- Staff Report PR2009-09 regarding Designation of Lands as Par... Page 137 of 403 Page 138 of 403 CORPORATION OF THE MUNICIPALITY OF BAYHAM STAFF REPORT TO: Mayor & Members of Council DATE: ApriIl6,2009 FROM: Kyle Kruger, Administrator FILE: SUBJECT: By-Law # 58 Landscaping Services NUMBER: PW 2009-06 Purpose This report is to recommend Council accept the tender from Wilson Lawn Care and Snow Removal for the provision of Landscaping Services at varying locations within the Municipality of Bayham. Background The Municipality of Bayham awards a tender for the Landscaping Services on various locations through out the Municipality and this year we have received the prices from six (6) contractors to cut grass, clean the areas and place a material on broad leaf weeds and fertilize the grass areas. This year Wilson Lawn Care and Snow Removal is the successful contractor in submitting a tender for each area which was the lowest of all tenders. Mr. V/ilson has been the successful contractor in the past and is aware of the volume of work. The By-Law is before Council in this particular tender (subject to Council approval). Staff Comments V/ilson Lawn Care and Snow Removal is aware of the magnitude of work involved and held this contract before. 1. By-law to authorize the execution of an agreement between Municipality of Bayham and Wilson Lawn Care and Snow Removal Strategic Priorities 1. As outlined in the Strategic Priorities 2008- 2013 Goal 7 in promoting excellent environmental stewardship in complying with the Province of Ontario's recent changes to use of pesticides on lawns as well as promoting a positive outlook for visitors to our region Recommendation THAT staff be authorized and directed to proceed with necessary arrangements to implement the Provisions of Landscaping Services with V/ilson Lawn Care and Snow Removal as per By-Law Number 58. Staff Report PW2009-06 regarding By-Law #58 Landscaping Serv... Page 139 of 403 TIIE CORPORATION OF TIIE MUNICIPALITY OF BAYIIAM BY-LAW NO.2009- 058 A BY-LAW TO AUTHORIZE'THE EXECUTION OF A¡[ AGREEMENT BETWEEN THE MUNICIPALITY OF BAYHAM AND Wilson Lawn Care & Snow Removal FOR TIIE PROYISION OF LA¡IDSCAPING SERVICES \ilHEREAS the Municipality of Bayham is the registered owner and/or lessee of the lands shown on the various maps attached hereto as "Map #1", "Map l*2" , "Map #3" , "Map # 4" and"Map #5", hereinafte¡ refered to as the "lands" A¡{D WHEREAS the Council of the Corporation of the Municipality of Bayham is desirous ofentering into an agreement for provision oflandscaping services on these lands. TIIERET'ORE THE COT]NCIL OF THE CORPORATION OF'THE MT]NICIPALITY OF BAYIIAM ENACTS AS FOLLO\ilS: 1. THÄT the Mayor and Clerk be and are hereby authorized to execute the Agreement attached hereto as Schedule "4" and forming part of this by-law between the Municipality of Bayham and Wilson Lawn Ca¡e and Snow Removal for the provision oflandscape services. 2. THAT this by-law shall come into full force and effect upon the final passing. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 16th DAY OF April, 2009. MAYOR CLERK Staff Report PW2009-06 regarding By-Law #58 Landscaping Serv... Page 140 of 403 Schedule *A" BIL 2009-058 LANDSCAPE SERVICES THIS AGREEMENT made in triplicate this day of 2009. BETWEEN Wilson Lawn Care and Snow Removal ( hereinafter referred to as the "Contractor" ) of the First Part -and- THE CORPORATION OF' TIIE MT]NICIPALITY O[' BAYHAM (hereinafter referred to as the "Municipali!/) ofthe Second Part WHEREAS the Municþality is the registered owner and/or the lessee of the lands shown on the va¡ious maps attached hereto as "Map # 1 ", "Map #2" , "Map #3" , "Map #4" and "Map #5", hereinafter referred to as the "lands"; AND WIIEREAS the Contractor wishes to provide landscape services for the said lands; AND WIIEREAS in consideration of the payment of the sum of monies as described within the context of this agreement by the Contractor to the Municþality and other good and valuable consideration, the sufficiency ofwhich is hereby acknowledged, the parties hereto agree as follows: 1. The Municipality grants permission to the Contractor to enter upon municipal lands for the purpose of maintaining the lands. 2. The Contractor agrees to provide landscape maintenance as needed for the lands. 3. The Municipality shall pay to the Contractor for the following properties, the total sum, payable in equal monthly installments: I Staff Report PW2009-06 regarding By-Law #58 Landscaping Serv... Page 141 of 403 Schedule *A" BIL 2009-058 Port Burwell - Map # I A¡ea A $ (Ws Hurley Lane, Chatham St@ Nova Scotia Line, Ball ParkÆlayground @ 55461Nova Scotia Line) _ grass - flower beds - litter pick up, dump & dispose of garbage can contents Area B (Robinson St @ Howard St) $ - grass Area C(VictoiaSt@ Plank Rd (Robinson St) $ - gfass Area D(Wellington St @Elizabeth St, $ Public Works Yard) - gass A¡ea E (OPP Ofñce - 29 Wellington St) $ _ gass Area F (Library - 2|Pitt St & Gazebo) $ - gass - flower beds Area G (Parkette & Cenotaph - Pitt St @ Erieus St) $ - glass - flower beds Area H (Basketball Court - Pitt St @ Erieus St) $ - gass - playrng surface - litter picked up, removed & disposed of, surface swept Area I (Fire Hall - Pitt St @ Erieus) $ - grass Area J (Marine Museum -18 Pitt SÐ $ - grass - flowerbeds - litter pick up, dump & dispose of garbage can contents A¡ea K (Lighthouse - 17 Robinson St) - grass - guardrail area to bottom ofslope Area L @each/Tum-around end Robinson St) - grass - flower beds Yienna - Map #2 Area M (Edison Museum -14 Snow St & southside vacant lot) $ - gass - flower beds - litter pick up, dump & dispose of garbage can contents -J- Staff Report PW2009-06 regarding By-Law #58 Landscaping Serv... Page 142 of 403 Schedule "A" BlL 2009-058 Area N (Vienna Community Centre & Ball Park - 26 Fulton St.) $_ grass - litter pick up, dump & dispose of garbage can contents Straffordville-Map#3 Area O(Firehall - 55764 Third St) $ - grass Area P (Municþal Office - 9344 Plank Road & $ Library - 9366 Plank Road) - grass - flower beds Area Q (Medical Centre - 9299 Plank Road) $ - grass - flower beds Area R (Bayham Community Centre & Park - 56169 Heritage Line) $ - sass - litter pick up, dump & dispose of garbage can contents Area S (Parkette - 56301 Heritage Line @ Plank Road) S_ grass - flower beds - litter pick up, dump & dispose of garbage can contents A¡ea T (8934 Ptank Road Pump Stn 5 ) $ - grass Eden - Map fl4 Area U (community mailbox - Plank Road @ Eden Line) $ _ gass Area V (Eden Community Centre & Park - 56967 Eden Line) $- Srass- litter pick up, dump & dispose of garbage can contents Area W (11403 Plank Road Pump Stn l) $ - glass Corinth - Map #5 A¡ea X (Community P ark - 54286 Best Line) - gass - litter pick up, dump & dispose of garbage can contents AreaY (S/E Comer Culloden Road/Best Line) - grass -4- Staff Report PW2009-06 regarding By-Law #58 Landscaping Serv... Page 143 of 403 Schedule u^" BIL 2009-058 Richmond Community Park (5390ó Church St)_ grass - litter pick up, dump & dispose of garbage can contents 4. The Contractor agrees to indemnifu the Municipality and save it harmless from and against any and all claims, actions, damages, liability, and expenses, in connection with loss of life, personal injury, or damage to property arising from any occurrence on said lands howsoever such claims may arise, providing proofofliability insurance not less than $ 2,000,000 prior to April 15,2009 and that the insurance shall name the Municipality of Bayham as an additional insured. 5. The Contractor will observe and adhere to the standards set out in Appendix "4" attached hereto. 6. The Contractor shall not impede parking, pedestrian or vehicular traffic to the subject lands. 7. T\e Municipality shall have access to the site and surrounding area at all times. 8. The Contractor shall not subcontract any or all of this agreønent without the prior arrd express approval of the Municipality. 9. This Agreement may be terminated at any time by either party giving the other party 30 days w¡itten notice of termination. IN WITNESS WHEREOF the Contractor and the Municþality have hereunto set their hands and Corporate Seals this day ofApril, 2009. SIGNED, SEALED AND WITNESSED ) TIrE CORPORATTON OI'THE ) MUNICIPALITYOFBAYIIAM LynnAcre, MAYOR L¡nda Millard, CLERK CONTRÄCTOR In the Presence of -5 Staff Report PW2009-06 regarding By-Law #58 Landscaping Serv... Page 144 of 403 1.1 Schedule 2009-058 Appendix "A" LANDSCAPE MAINTENANCE SCOPE OFWORK 1. GENERAL-LANDSCAPE SERVICE Except as otherwise expressly provided the contractor shall furnish all the necessary labour, materials and equipment to perform the work specified in this contract. The contractor shall be solely responsible for loss or damage of his equipment and for any material delivered to him from whatsoever source. The contractor shall be responsible for all damages caused during the execution of the work and shall impose as little inconvenience as possible on the residents during the performance of this contract. All work performed by the contractor shall be executed to the satisfaction of the municþality. Failure to provide a¡rd maintain a standard of service and workrnanship acceptable to the Public Works Manager will, at his discretion, result in an altemate contractor being hired to do the work with the cost of the same deducted from payment to the original contracto¡. Repeated failure to meet our standards of service and workmanship will result in termination of the contract, TERMS OF CONTRACT This contract shall be in force for a period of one year, commencing May I in the year in which it has been awarded, and may be renewed for an additional two years at the agreement of both the contractor and the Public.Works Manager. 2.2 PAYMENT Invoices shall be submitted on a monthly basis starting one month from the coÍìmencement of work. 12 1.3 14 1.5 2.1 6 Staff Report PW2009-06 regarding By-Law #58 Landscaping Serv... Page 145 of 403 Schedule *A" BIL 2009-058 3. DESCRIPTIONOF'\ryORK 3.1 Lawns and Grassed Areas 3.1.1 Thoroughlyrake all grassed areas to remove debris and dead grass earlyin May. 3.1.2 All debris shall be picked up prior to mowing operations. Mowing of all turfed areas shall be performed on a regular basis to ensure grass does not exceed 4" in height. The grass is not to be cut to a height ofless than 2". 3.1.3 Excessive grass clippings shall beraked and disposed ofbythe contractor immediately after each mowing operation. 3.1.4 Municipal grassed area along public roadways abutting the projects are included in this contract. 3.1.5 Trimmingof grass adjacentto curbs, sidewalks, fences, trees, flowerbeds, benches, buildings, light standards, hydrants, etc. shall be done immediately after each mowing. 3.1.6 Leaves shall be raked and disposed of regularly once they begin to fall from the trees in autumn. 3.1.7 Edging of hedges and sidewalks shall be completed on a monthly basis so that these a¡eas have a neat and well maintained appearance. 3 . 1 .8 Aerate turf using equipment which removes plugs of soil in June. 3.1.9 Fertilizer shall be applied on all grassed areas in the spring and fall in two (2) passes of opposite directions, ustngYz recommended rate of application to enswe even coverage. The contractor shall notifr the Public.Works Manager at least 24 hours prior to coûìmencement of the fertilizing application. Fertilization shall conform to the recent changes in the regulations as to banned substances. 3.1.10 V/eed repellant for broad Ieafweeds onlv. shall be applied on all grassed areas in the spring and fall during the two (2) passes of opposite directions, using/z the recommended rate of application to ensure even coverage. The contractor shall notifu the Public Vy'orks Manager at least 24 hours prior to coÍrnencement of the weed repellent application. Note:-A Weed and Feed combination may be used in place of fertilizer a¡rd weed repellant under items 3.1.9 and 3.1.10. 3.2 Hard Surface Areas 3.2.1 All ha¡d surface areas, which includes parking lots and sidewalks, must be swept clean each time the Contractor is performing work on site. 3.3 Plants and Planting Beds 3.3. I Prepare flower beds. The contractor shall notiff and consult with the Public Works Manager regarding the planting of annual flowers each spring. Flower beds are to be weeded and maintained on a weekly basis. 3.4 Prunine and Fertilizine Trees 3.4.1 Pruning for trees up to 16 feet in height- Pruning shall consist of the removal of excess sucker growth, dead wood and interfering growth, the 1 Staff Report PW2009-06 regarding By-Law #58 Landscaping Serv... Page 146 of 403 Schedule *A" BlL 2009-058 thinning ofbranches where necessary, clearing growth from buildings and the shaping of trees. All pruned branches of a diameter greater than I inch and all exposed wood or scars resulting from previous work damage shall be painted with approved tree wound paint. Trees and branches which are weak shall be cabled or braced in accordance with approved tree bracing methods. Workmen shall not be permitted to climb live trees with climbing spurs, but they shall employ accepted tree climbing methods. Timber, brush and all other debris ¡esulting from this work shall be entirely removed from the project and disposed ofby the contractor at his own expense on the same day trees are pruned. 3.4.2 Trimming, and removal of dead growth, of all hedges and shrubs shall be performed during June (evergreens ), in June, July and September (deciduous) and vines a¡e to be trimmed as required to present a neat appearance. 3.5 Debris and Garbaee Disposal 3.5.1 Debris and garbage can contents shall be disposed ofbythe contractor in a manner acceptable to the Public.Works Manager. Grounds Maintenance Tender Area Keep it Reel A $1,300 B c D E F $300 (tH $tooI $160J $300 KL $tzo M N o P o R s T U V w x Y Richmond Aylmer GdnGtr $2,700 $450 $100 $300 $100 $900 $300 $300 $200 $300 $1,200 $300 $1,000 $2,900 $300 $950 $700 $2,900 $600 $200 $1 50 $2,900 $1 50 $1,600 $300 $450 $42O Wilson $168 Wilson $21 Wilson 521 Wilson $21 Wilson $63 Wilson $21 Wilson $21 Wilson $42 Wilson $63 Wilson $105 Wilson $42 Wilson $84 Wilson $294 Wilson $63 Wilson $126 Wilson $63 Wilson $42O Wilson $42 Wilson $21 Wilson $21 Wilson $231 Wilson $42 Wilson $210 Wilson $42 Wilson $84 Wilson Ground Effects Míke Wolfe Smith &Son Wilson Lawn Win Bid $3,500 $560 $l40 $140 $140 $280 $280 $105 $140 $420 $280 $140 $700 $1,680 $280 $560 $42o $1,400 $350 $140 $70 $1,680 $140 $1,610 $420 $700 $3,1 20 $l,392 $240 $480 $1 92 $480 $192 $310 $240 $480 $816 $660 $840 $1,440 $600 $1,090 $975 $3,456 $375 $31 2 $240 $1,680 $31 2 $1,392 $528 $840 Ground Effects disqualified as their bid was per cut instead of per month -8- Staff Report PW2009-06 regarding By-Law #58 Landscaping Serv... Page 147 of 403 PORT BURWELL MUNICIPALITY OF BAYHAM CI T-k LAKE ERIE Staff Report PW2009-06 regarding By-Law #58 Landscaping Serv... Page 148 of 403 t2 CWrPÉ.1 CI ï VIENNA IVTUNICIPALITY OF BAYHAM Staff Report PW2009-06 regarding By-Law #58 Landscaping Serv... Page 149 of 403 Staff Report PW2009-06 regarding By-Law #58 Landscaping Serv... Page 150 of 403 MAP lJ Staff Report PW2009-06 regarding By-Law #58 Landscaping Serv... Page 151 of 403 \' .Yv7 (ì1,".€*l Staff Report PW2009-06 regarding By-Law #58 Landscaping Serv... Page 152 of 403 CORPORATION OF THE MUNICIPALITY OF BAYHAM STAFF REPORT TO: Mayor & Members of Council FROM: Kyle Kruger, Administrator SUBJECT: Street Lighting Locations DATE: April 16,2009 FILE: NUMBER: PV/ 2009-07 Purpose This report is to advise Council of the areas we would recommend for the location of five (5) streetlights through out the Municipality of Bayham. Bacþround The Municipality of Bayham has had a tradition of placing streetlights through out the Municipality to better serve the residents allowing for better visibility along the roadsides as well as in playgrounds and park areas. This year Public Works brings the list of proposed light locations to Council for their perusal and consideration in hopes of having these approved and placed on the poles in a very short period of time. We have included the list of lights from 2008, which were not placed in the approved location but will be done so when the streetlights from 2009 are placed up. We also wish to change any anns through out the municipality in 2009, which are esthetically not pleasing, or in not providing the proper illumination outwards as the newer arms have provided. Staff Comments Public Works wishes to have this service provided to the residents in the surnmer months when it is best used allowing for better service to the residents of the Municipality of Bayham Strategic Priorities 1. As outlined in the Strategic Priorities 2008- 2013 Goal 4 in promoting excellent service delivery in the Municipality Recommendation THAT staff be authorized and directed to proceed with installation of the streetlights as outlined in the attached document. ubmitted, Staff Report PW2009-07 regarding Street Lighting Locations. ... Page 153 of 403 Location of Street Lights to be erected 2009 Corinth -Pole across from new playground between 54273 and 54267. -Pole number 242 south east corner of Culloden at the end of sidewalk (2008) Eden -Plank Rd south across from the Pumping Station Pole # 2r68 -\Mest of Plank Rd on Eden Line in front of 56898 (2008) 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 -PoIe 1404 across from 35 Chapel St -In front of 4l Chapel St top of hill (2008) Port Burwell -Pole by driveway 44 Newton St first pole on the north side east of Shakespeare St -46 Newton St (2008) Staff Report PW2009-07 regarding Street Lighting Locations. ... Page 154 of 403 Municipality of Bayham Building Permits For The Month of Mar 2009 File: PlO ( Apr-02-2009 No.Date Roll #Permit Holder Property Description Building Tvne Value Permit Fee Septic /Sewer Fee 4 17-Ma¡103- l 2600 Murray, V/illiam 7744 Covle Road install mobile home 800so ft and seotic 5,000 75.0(350 0( 5 18-Mar 104-03901 Wiebe- Heinrick 56519 Heritaee Line install new roofto existine house l025so ft 5,000 I15.0( 6 20-Mar ¿-00 I -30400 3averlv. Blain 43 Pitt Street demolish existins cottase 5.000 75.0( 7 25-Mar )0s-02012 3uenther Homes Inc 54279 EdenLine construct 2 storey house w/att garase 3577sq ft 395.00(1840.0(350.0( I 3O-Mar t-00 l -20s00 Mill Hill Canada Inc I Pea¡l Street construct 2 storev los home I 599so ft r 55,00(971.0(I75.0( 9 3O-Mar )04-23103 Dvck. Abram 8335 Sandvtown Road construct one storev shed 240So ft 3,20(75.0( l0 3l-Mar ¿-o0t-47200 3allan. Blair 2 Addison Street construct one storey detached earase 672so ft 8,00(384-0( ll 3l-Mar )07-02920 Simon Wasler Homes Richmond Road construct one storev house wlalt saras.e I728sq ft 120-00(r 020.0(350.0c t2 3l-Mar )o't-o292s Simon'ùy'asler Homes Richmond Road construct one storey house w/att earage 2047sq ft r 25.00(I 167.0(350.0t March-09 821_200 5,722.00 1575.0( 2OO9 YEARTO DATE 869.200 7,177.00 157s.0( March-08 376.792 2,ó98.00 350.0( 2OO8 YEARTO DÄ,TE 622.392 6.s54.00 s25.0( Prepared by:sM4/6t2009 excel\monthly\buildper Building Permit Report for the month ending March 31, 2009. ... Page 155 of 403 Page 156 of 403 CORPORATION OF THE MUNICIPALITY OF BAYIIAM STAFF REPORT TO: Mayor & Members of Council DATE: Apnl 16,2009 FROM: P. Groeneveld, Fire ChieflCEMC FILE: P16 SUBJECT: Emergency Management Program First Qh. Report NUMBERT P2009-014 Purpose Provide council with an update of the municipality's Emergency Management Program activities for the First Quarter in 2009. Program Compliance Annual Exercise On March 3,2009 staff conducted the municipality's annual emergency exercise. The exercise focused on business continuity in the event the municþal office received significant damage preventing services being delivered from the building. Training The municipality's Emergency Control Group training will be conducted in the fall of 2009. The Municipality has registered two staff for a media training session in Malahide on June 101r1,2009. Public Awareness In February 2009 staff prepared and distributed an "Are You Prepared" emergency awareness article in the Municipal newsletter. ln February 2009 staff distributed information to Vienna residents regarding the Flood Plan. The plan is also posted on the municipal website. Staff commenced posting all flood warnings and advisories on the municipal website immediately upon receiving such notices. Staff is preparing for Emergency Preparedness 'Week, i|l4ay 4 - 70,2009. Community Emergency Management Program Committee Staff will be contacting members of the committee to arrange for their annual meeting in the fall of 2009. Staff Report P2009-014 regarding Emergency Management Progra... Page 157 of 403 General Flood Control Response Plan The Flood Control Plan was beneficial in assisting municipal staff in response to the flooding that occurred in Vienna and Port Burwell in February. Staff met with LPRCA representatives to discuss plan enhancements to incorporate communication protocols, such as flood warnings and advisories, and further define roles and responsibilities of both parties (e.g. communications). Staff continues to liaise with LPRCA to complete surveying and installation of water level gauges on the Vienna bridges. Business Continuity Plan The municipality's annual exercise identified the need to pursue development of a business continuity plan for the municipality. The plan will outline critical services provided by the municipality and plans for continuing these services in an emergency impacting the services. Recommendation "THAT Staff Report P2008-008 regarding the Emergency Management Program First Quarter Report for 2008 be received for information". Staff Report P2009-014 regarding Emergency Management Progra... Page 158 of 403 CORPORATION OF THE MUNICIPALITY OF BAYHAM STAFF REPORT TO: Mayor & Members of Council DATE: April 16,2009 FROM: Fire Chief/CEMC/ By-law Enforcement Offrcer FILE: P16 SUBJECT: Port Burwell Fire Station Renewal NUMBER: P2009-011 Purpose Obtain Council approval to form a Port Burwell Fire Station Renewal Committee to prepare a report to Council identifring minimum facility design details, appropriate building site(s) and potential opportunities for partnerships. Background Budget - 2008 Staff proposed a strategic long-term renewal/renovation plan for f,rre service building replacement and capital expenditure upgrades/maintenance as part of the 2008 budget process. Staff proposed the municipality establish a reserve and contribute annually to facilitate the anticipated costs for replacement of the Port Burwell fire station and future capital upgrades to the Straffordville station. The approved 2008 and2009 Capital budgets contributed $35,000 and $65,000 respectively to a Fire Department Building Renewal reserve. Port Burwell Station The average life span of municipal buildings is approximately 50 years (based on municipal survey). The Port Burwell fire station is approximately forty-five (45) years old. The building will require major upgrades within the next 5 - 10 years. Staff conducted an internal assessment of the building and has identified the additional concerns: rating, fire separation between meeting room and main bay area (open stairway and ceiling in bay area), no fire detection equipment (smoke alarms, etc), only one exit for upstairs, exit stairs to narrow, service room fire separation not sufficient. building. equipped with a sludge/oil separator tank system. Staff Report P2009-011 regarding Port Burwell Fire Station R... Page 159 of 403 Staff Comments Committee Staff recommends forming a Port Burwell Fire Station Renewal Committee to identifring minimum facility design details; an appropriate building site(s) and potential opportunities for partnerships for the construction and operation of a new fire station in Port Burwell. Staff recommends the Committee consist of the following members: Other members of the municipality with specific expertise (e.g. CB), Deputy Clerk/Planner) will also be consulted and invited to comment on Committee recommendations to Council. Members will be required to attend meetings during the daytime and early evening hours. This will facilitate efficient and effective use of municipal employee and volunteer time, and municipal resources. Committee Terms of Reference The following terms of reference are recommended for the Committee: apparatus bay size and accessories, location and strategic plan to move forward with station renewal, where possible include a proposal for such in the report to Council. Strategic Plan of Action The following chart proposes a strategic plan for the Committee and time line for a report to Council. Action ltems Projected Completion Date Establish Port Burwell Fire Station Renewal Committee May 31,2009 Initial Meeting with Committee members June 2009 Research and Development of draft report to Council October 31,2009 Report to Council November 2009 Council Resolution November 2009 Staff Report P2009-011 regarding Port Burwell Fire Station R... Page 160 of 403 Options 1. Council authorize staff to establish a Port Burwell Fire Station Renewal Committee consisting of a maximum of five (5) members consisting of the following: o Fire Chief (Chairperson) (1) o Council member (non-firefighting experience) (1) o Station Chief or Captain (1) o Station Health and Safety Representative (1) o Firefighter appointed by members of station (non-offrcer) (l) and, with a Terms of Reference as follows: o Establish minimum station facility requirements such as training, administration, parking, apparatus bay size and accessories, o Identify municipal properties suitable for location of proposed facility/fire 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, o Explore potential opportunities for partnerships pertaining to occupancy of the building and where possible include a proposal for such in the report to Council. 2. Instruct staff, without a Committee to: o Establish minimum station facility requirements such as training, administration, parking, apparatus bay size and accessories, o Identifu municipal properties suitable for location of proposed facility'fire 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, o Explore potential opportunities for partnerships pertaining to occupancy of the building and where possible include a proposal for such in the report to Council. 3. Advise staff on Councils recommendation/direction for moving forward with renewal of the Port Burwell Fire Station. 4. Take no action. Stratesic Goals Goal #2 - Ensure reliable, well maintained and secure infrastructure Goal #4 - Be dedicated to service excellence Goal #7 - Promote excellence in environmental stewardship Staff Report P2009-011 regarding Port Burwell Fire Station R... Page 161 of 403 Recommendation "That staff report #P2009-011 regarding Port Burwell Fire Station Renewal be received; AI\D 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 o Fire Chief (Chairperson) (1) o Council member (non-firefighting experience) (1) o Station Chief or Captain (1) o Station Health and Safety Representative (1) o Firefighter appointed by members of station (non-officer) (1) and, with a Terms of Reference as follows: o Establish minimum station facility requirements such as training, administration, parking, apparatus bay size and accessories, o Identi$ municipal properties suitable for location of proposed facility/fire 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, o Explore potential opportunities for partnerships pertaining to occupancy of the building and where possible include a proposal for such in the report to Council." Respectfully submitted,Reviewed By, Staff Report P2009-011 regarding Port Burwell Fire Station R... Page 162 of 403 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 - 0410212009 000011 929681 oNTAR|O LTD credit on acct REIMBURSE CREDIT - TAX ACCI 0312612009 I Cheque Amount - OOOO23 AAROC AGGREGATES LTD J056938 GRAVEL 03126t2009 I 03/30/2009 IJ056986GRAVEL Cheque Amount - OOOOSO AMPRO ELECTRIC LTD. 0096501 GENERATOR 03/30/2009 I Cheque Amount - 001337 AROUNDABOUT BAYHAM fire prevent ad PLAN YOUR ESCAPE - AD 0313112009 I Cheque Amount - OOO112 BLONDEELNURSERY reimburse credit CREDIT ON TAX ACCT 0312612009 I Cheque Amount - OOO160 CANON CANADA INC, 6156963 QUARTERLYMETER BILLING 03t19t2009 r Cheque Amount - OOO,I67 CARSWELL 4530559 OOO175 CEDAR SIGNS 15017 't5018 000220 cJDL 51 08 POCKET EDITION OH&S ACT 03t2412009 I Cheque Amount - SEWAGE CAPACITY STUDY 031241200s I Cheque Amount - OOOIOO CORPORATE EXPRESS 0410212009 11:224M 2,024.10 006212 2,024.10 3,244.84 006213 389.88 006213 335.61 30.00 3,634.72 335.61 006214 00621 5 00621 6 006217 00621 I 00621 I 00621 I 006220 006221 006222 006223 30.00 539.07 539.07 892.79 892.79 169 02 CATCH BASIN STEEL 03t25t2009 03t25t2009 't69.02 365.1 7 542.63 22251305 OOO212 COUNTY OF ELGIN tN00001 3032 Cheque Amount - PAPER 03t19t2009 I Cheque Amount - MARCH'09 POLTCE SERVTCES 03t17t2009 I 907.80 1,487.59 I,487.59 14.68 14.68 56,530.38 000218 cuPE LOCAL 35 Cheque Amount -56,530.38 351.48March,109-r-emit , UNION DUES 0313112009 I Page Cheque Register being Cheque #6212 to Cheque #6310 inclusive... Page 163 of 403 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 - 0410212009 A4rc212009 11:224M ChequeAmount- 351.48 OOI486 DESI BROUGHTON expenses DRIVER MEDICAL, VACCINE 03/31/2009 I 124.66 006224 Cheque Amount - 124.66 000386 GRAHAM SCOTT ENNS s-18616 '08 AUDIT FEES - TNTER|M B|LL 03t25t2009 r 8,400.00 006225 Cheque Amount - 8,400.00 OOO391 GREG COLE training / education FIRE TRAINING 0313012009 I 170.00 006226 Cheque Amount - 170.00 OO15O1 ISAAKWALL deposit return REFUND GRADING DEPOSIT 03/30/2009 I 500.00 006227 Cheque Amount - 500.00 000446 JACKIE BOOTLE marchl5-Apr15/09 MANAGER FEES, SCREWDRIVER: 03/30/2009 I 798.07 006228 Cheque Amount - 798.07 001178 JEFF RASTEL credit on acct REIMBURSE CREDIT - TAX ACCT 0312612009 I 2,406.61 006229 Cheque Amount - 2,406.61 OO15OO JOHN FEHR deposit return REFUND GRADING DEPOSIT 03/30/2009 I 500.00 006230 Cheque Amount - 500.00 OOO485 JUST PIPE & FITTING INC. 008434-2 PLAST|C TUBTNG, COUPLERS 03/2612009 I 1,005.00 006231 Cheque Amount - 1,005.00 001426 KELCOM. LONDON 2531r8-KW MIKE HANDSET, ADAPTER 0410112009 I 225.99 006232 Cheque Amount - 225.99 OOO51O KLASSENAUTO PARTS 1-24122 1-24138 1-24322 1-24325 1-24595 1-25405 OOI5O3 LOUIS BARI FILTER FILTER HOLDER SCRAPER SET GEAR OIL CLEANERS 03/10/2009 I 13.57 006233 0311012009 I 13.57 006233 03t12t2009 I 8.85 006233 0311212009 I 19.78 006233 0311712009 I 97.'13 006233 o3t27t2009 I 53.77 006233 Cheque Amount -206.67 Page 2 Cheque Register being Cheque #6212 to Cheque #6310 inclusive... Page 164 of 403 lnvoice Payee Number lnvoice Date Type Cheque Gheque Amount Number 2008.08.19 6.3 9050 MUNICIPALITY OF BAYHAM Accounts Payable Royal Bank Cheque Register - 0410212009 0410212009 11:224M reimburse øedit CREDIT ON TAX ACCT 0312612009 I 170.43 006234 Cheque Amount - 170.43 001499 MAGGIE LOEPKY reimburse credit CREDIT ON WATER ACCT 0312412009 I 182.64 006235 Cheque Amount - 182.64 OOO574 MARGARET UNDERHILL 6082 CONTACT LENS - N. UNDERHTLL 03/19/2009 I 178.00 006236 Cheque Amount- 178.00 000606 MIKE HESCH 080920 EXPOSE DRA|N ON JACKSON L|NE 03/2612009 I 741.30 006237 Cheque Amount - 741.30 000658 oMERS Ma/09 remit MARCH REMIT 0313112009 I 10,775.43 006238 Cheque Amount - 10,775.43 OOI5O2 PETER KOZAKIEVICZ reimburse credit CREDIT ON TAX ACCT OOO727 PUROLATOR COURIER LTD 404643684 COURTER SERVTCE 03t26t2009 t 2,759.84 006239 Cheque Amount - 2,759.84 0312012009 I 32.17 006240 Cheque Amount - 32.17 OOO738 RANDALLUNTCH training / education FIRE TRAINING 03/30/2009 I 262.25 006241 Cheque Amount - 262.25 OOO747 REID'S PRE-CAST CEMENT PRODUCT s388 Btc "o" T|LE 03t24t2009 I 336.79 006242 Cheque Amount - 336.79 OOO797 SANDYTOWN DEVELOPMENTS creditonacct REIMBURSECREDIT -TAXACCT 0312612009 I 198.85 006243 Cheque Amount- 198.85 OOO829 SPECTRUM COMMUNICATIONS LTD 0000005050 3 MoNTHS RENTAL 03t15t2009 I 57.63 006244 0000370550 PAGERS 03t20t2009 t 2,310.85 006244 0000370551 PAGERS 03t20t2009 I 2,310.85 006244 0000370580 YEARLY REPEATER CHECK, REpt 03122t2009 I 322.05 006244 0000370581 ADJUST DISTORTED AUDTO 03t22t2009 I 250.86 006244 0000370659 CLEAN FRONT CONTROL PANEL 03t24t2009 I 94.92 006244 Cheque Amount - 5,347.'16 Page 3 Cheque Register being Cheque #6212 to Cheque #6310 inclusive... Page 165 of 403 2008.08.19 6.3 9050 MUNICIPALITY OF BAYHAM Accounts Payable Royal Bank Cheque Register - 0410212009 OOO832 SPRIETASSOCIATES 09-0121 MOORE BRTDGE / SZORENYT 02t28t2009 I 833.62 006245 Cheque Amount - 833.62 OOI482 SUN MEDIA CORPORATION x11210502 EQUTPMENT OPEMTOR 03t11t2009 I 183.08 006246 x11211249 GROUNDS MATNTENANCE AD 03t18t2009 I 183.08 006246 Cheque Amount - 366.16 001176 SYLVERE & MARIA VANGULCK credit on acct REIMBURSE CREDIT - TAX ACCT 0312612009 I 386.52 006247 Cheque Amount- 386.52 001165 TOWN OF TILLSONBURG 09-0035 DtsPArcHrNG ApR 1-JUNE 30'09 03t25t2009 I 4,199.52 006248 Cheque Amount - 4,199.52 OOO925 TRILLIUM RAILWAY COMPANY PCK1376 SIGNALS OO1O59 WLLIAM KNIFTON purchase reimburse DRAFTING SCALE 0410112009 I 560.98 006249 Cheque Amount - 560.98 04t0112009 I 13.52 006250 Cheque Amount - 13.52 OOO982 WILTSIE TRUCK BODIES LTD 21024 AtR CYLTNDER 03t25t2009 I 521.90 006251 Cheque Amount - 521.90 000986 WORKPLACE SAFETY & INSURANCE 1625314 march'09 MARCH'09 REMIT 0311412009 I 1,736.98 006252 Cheque Amount - 1,736.98 Cheque Run Total - 110,858.30 0410212009 11:22AM lnvoice Payee Number lnvoice Date Type Cheque Cheque Amount Number Page 4 Cheque Register being Cheque #6212 to Cheque #6310 inclusive... Page 166 of 403 2008.08.'le 6.3 e050 MUNICIPALITY OF BAYHAM 0410212009 3:15PM Accounts Payable Royal Bank Cheque Register - 0410212009 , ,lnvoice Payee Number, OOO742 RBC LIFE INSURANCE COMPANY 21842 Ma'r-jl'l9 MARCH'09 REMIT O3l31l2oog I 60.94 000253 ChequeAmount- 60.94 Cheque Run Total - 60.94 Page 1 Cheque Register being Cheque #6212 to Cheque #6310 inclusive... Page 167 of 403 lnvoice Payee Number lnvoice Date Type Cheque eheque Amount Number 2008.08.19 6.3 9050 MUNICIPALITY OF BAYHAM Accounts Payable Royal Bank Cheque Register - 0410912009 04/09/2009 1:20PM 001337 AROUNDABOUTBAYHAM roads advertising SALE OF SURPLUS EQUIPMENT 0410312005 I 58.00 006254 Cheque Amount- 58.00 OOOO9I BARRYR. CARD 212012.20 LEGAL SERVICES 212013-20 LEGAL SERVICES OOO154 CANADIAN KOOLWATER 0410112009 I 7,4',15.10 006255 04t01t2009 I 447.30 006255 Cheque Amount - 7,862.40 march'Og WATER BOTTLES 03/3'1/2009 I 180.00 006256 Cheque Amount - 180.00 000167 CARSWELL 4530281 NOTEBOOK EMERGENCY CDA&U{ 03t23t2009 I 230.49 006257 Cheque Amount - 230.49 OO1206 CHRIS MARTIN recruit training NEW RECRUIT TRAINING INSTR 04/06/2009 I 85.00 006258 Cheque Amount - 85.00 OOOIOO CORPOMTE EXPRESS 22338804 DRY ERASE BOARD 0410112009 I 64.00 006259 22338988 MOUNTABLE BLACK PHONES 0410112009 I 56.48 006259 22364623 PRTNT CARTRTDGES 04/06/2009 I 58.75 006259 Cheque Amount - 179.23 001486 DESI BROUGHTON recruit training NEW RECRUIT TRAINING INSTR 04/06/2009 I 85.00 006260 Cheque Amount- 85.00 OO1026 DR. C. L. LEATHERDALE 019 FEB',og COLLABORATION FEE 0410612009 I 800.00 006261 Cheque Amount - 800.00 000276 E.S. HUBBELL & SONS LIMITED 6467 GRADER BLADES, PLOW BOLTS 0313112009 I 855.32 006262 Cheque Amount - 855.32 OOO283 ED MATTHEWSCARPENTRY 010127 RENOVATTON TO ptCNtC SHELTET 04t06t2009 I 2,825.59 006263 0'10128 EAVE ENCLOSURE - M MUSEUM 04t0612009 I 171.30 006263 Cheque Amount - 2,996.89 OOO285 EDEN &AREACOMMUNITYCENTRE Accb#62760-43000 REFUND HYDRO CHRGS - OVERP' 0312412009 I 1.293.64 006264 ' €heque Amount---' 1293ß4 Page 1 Cheque Register being Cheque #6212 to Cheque #6310 inclusive... Page 168 of 403 lnvoice Payee Number lnvoice Date Type Cheque Cheque Amount Number 2008.08.19 6.3 9050 418237 418323 OOO299 ELGIN PURE WATER OOOOI51733 MONTHLYRENTAL OOO334 FASTENAL CANADA ONTIS25115 RUBBERSTRAPS, GLOVES OOO339 FIRESERVICE MANAGEMENT LTD MUNICIPALITY OF BAYHAM Accounts Payable Royal Bank Cheque Register - 0410912009 0410212009 I Cheque Amount - 03t25t2009 I Cheque Amount - 0311712009 04t02t2009 0313112009 I Cheque Amount - 04/09/2009 1:20PM 106.58 006265 106.58 40.46 006266 40.46 119.26 006267 201.56 006267 320.82 220.21 006268 220.21 966.00 006269 159.68 006270 OOO357 G& K SERVICES CANADA INC 1 51 8390380 000364 GARYVALKO MARCHlT/09 WORK 001258 HENNESSY GIBSON HOGAN 51176 File#15283-16 LEGALSERVICES OOO427 HYDRO ONE NETWORKS INC Cheque Amount - SHOP TOWELS , FLOOR MATS O4IO2I2OOS I Cheque Amount - TREE REMOVAL FROM DRAIN 04106/2009 I Cheque Amount - CLEANING SUITS SUIT CLEANING UTILITIES - METER CHAMBER UTILITIES - E.C.C. UTILITIES. PB WORKS GARAGE 966 00 4pr06571-44066 4p162760-43000 4p168850-12275 MarchOl 181-23005 UTILITIES - INFO CENTRE March12650-91004 UTILITIES-PUMP#8 March18850-12458 UTILITIES - PB LIBRARY March18971-52001 UTILITIES - BOOSTER PUMP March25250-12302 UTILITIES - PB OPP OFFICE March28799-40004 UTILITIES-PUMP#1 March34853-01007 UIILITIES - BEACH WASHROOMS March43850-12451 UTILITIES - PB CENTENNIAL PARK March50250-12458 UTILITIES-MUSEUM March56450-12330 UTILITIES - BOAT LAUNCH March87770-20012 UTILITIES - EDISON MUSEUM March93850-12278 UTILITIES - PB FIREHALL March93850-91019 UTILITIES-PUMP#7 March93970-20342 UTILITIES-V.C.C. 04t02t2009 04t02t2009 0410212009 03131t2009 03t3112009 0313112009 0313112009 0313112009 0313112009 0313112009 0313112009 03/31/2009 03t3'U2009 03/31/2009 03t3'U2009 03/31/2009 0313112009 159.68 45.84 006271 't24.55 006271 94.42 006271 43.20 006271 144.85 006271 145.46 006271 93.50 006271 59.16 00627',1 486.21 006271 68.39 006271 90.54 006271 109.99 006271 40.55 006271 66.39 006271 189.49 006271 81.62 006271 377.57 006271 OOO217 IBI GROUP lìhanl ra Ámnr ¡nf -2,26J.73 Page Cheque Register being Cheque #6212 to Cheque #6310 inclusive... Page 169 of 403 2008.08.19 6.3 9050 205035 206814 22248 22249 22251 22252 22254 22260 CONSULTING FEES CONSULTING FEES RUST CONTROL RUST CONTROL RUST CONTROL RUST CONTROL RUST CONTROL RUST CONTROL MUNICIPALITY OF BAYHAM Accounts Payable Royal Bank Cheque Register - 0410912009 04/09/2009 1:20PM Cheque Amount - 1,732.99 OOO458 JASON SHELLY reøuit training NEW RECRUIT TRAINING INSTR 04/06/2009 I 85.00 006273 Cheque Amount - 85.00 OOO471 JOHN VAN HAPPEN reimburse credit CREDIT ON TAX ACCOUNT 0410712009 I 381.57 006274 Cheque Amount - 381.57 000506 KIM HUSTED SURVEYING LTD Job 09-8586 MITCHELL RD REALIGNMENT 04/06/2009 t 2,454.35 006275 Cheque Amount - 2,454.35 OOO51O KLASSENAUTO PARTS 1-24632 SEAL BEAMS 03t17t2009 I 28.91 006276 Cheque Amount - 28.91 OOO513 KOOLEN ELECTRIC 14424 STL REPATR - PORT BURWELL 0312712009 I 603.71 006277 '14425 STL REPATR STRAFFORDVTLLE 03t27t2009 I 224.74 006277 14426 STL REPATR - EDEN 03127t2009 I 875.81 006277 14427 REPAIR SHOP L|GHT|NG 0312712009 I 1,147.18 006277 14433 WATER FURNACE FTLTERS 03t3'U2005 I 44.35 006277 Cheque Amount - 2,895.79 OOO5,17 KROWN RUST CONTROL 03t2012009 I 1,027.43 006272 03120t2009 I 705.56 006272 03/30/2009 I 120.86 006278 03/30/2009 I '120.86 006278 03t31t2009 I 86.96 006278 03t31t2009 I 120.86 006278 04t01t2009 I 120.86 006278 03t3'U2009 I 120.86 006278 Cheque Amount - 691.26 OOO548 LLOYD MCQUIGGAN & SONS 032432 HAULING GRAVEL 0313112009 I 3,857.6',1 006279 032434 HAULTNG GRAVEL 03/31/2009 I 1,342.58 006279 Cheque Amount - 5,200.19 000623 MUNICIPALITY OF BAYHAM Apr Petty PETTY CASH 0410912009 I 150.51 006280 lnvoice Payee Number lnvoiee Date Type Cheque Cheque Amount Number 0 0 0 63 I - NrATf fAIVDAWL-E Y Cheque Amount -150.5 1 Page 3 Cheque Register being Cheque #6212 to Cheque #6310 inclusive... Page 170 of 403 lnvoice Payee Number lnvoice Date Type Cheque Cheque Amount Number reøuit training NEW RECRUIT TRAINING INSTR 04/06/2009 I 42.50 006281 2008.08.19 6.3 9050 MUNICIPALITY OF BAYHAM Accounts Payable Royal Bank Cheque Register - 0410912009 04/09/2009 1:20PM Cheque Amount - 42.50 000647 NORFOLK DISPOSAL SERVICES 110421 GARBAGE DTSPOSAL 03/31i2009 I 34,748.90 006282 Cheque Amount - 34,748.90 OO15O4 ONTARIO TAX SALES INC 571 L|ST PROPERTY 4-001-00600 03t27t2009 I 1,023.75 006283 Cheque Amount - 1,023.75 000679 OXFORD SAND & GRAVEL LTD INOO101617 PREMIUM COLDMX 04t0112009 r 1,331.99 006284 Cheque Amount - 1,331.99 000694 PAUL GROENEVELD recruit training NEW RECRUIT TRAINING INSTR 0410612009 I 146.45 006285 Cheque Amount - 146.45 001399 PETE MARTENS recruit traíning NEW RECRUIT TRAINING INSTR 0410612009 I 85.00 006286 Cheque Amount - 85.00 OO15O5 PETER DEMARTE reimburse credit CREDIT ON WATER ACCT 04/09/2009 I 197.27 006287 Cheque Amount - 197.27 001129 PETERREDDECOPP recruit training NEW RECRUIT TRAINING INSTR 0410612009 I 85.00 006288 Cheque Amount - 85.00 OOO737 RAMONA PEIDL 341390 MARCH '09 CLEANTNG 03/3'tl2009 I 965.00 006289 341391 MARCH'09 CLEANTNG - S.C.C. 03t31t2009 I 1,033.50 006289 341352 MARCH ',09 CLEANTNG - V.C.C. O3t31t2009 I 604.50 006289 supplies reimburse REIMBURSE PURCHASE OF SUPP O3l24l20\g I 36.73 006289 Cheque Amount - 2,639.73 OOO738 RANDALL UNTCH recruit training NEW RECRUIT TRAINING INSTR 04/06/2009 I 85.00 006290 OOO744 REALTAX INC 25054 25059 Cheque Amount - 85.00 TAX SALE - 4-001-00600 0312712009 I 735.00 006291 TAX REGTSTER 2-001-14400 03t27t2009 I 498.75 006291 Cheque Amount - 1,233.75 OOO747 REID'S PRE-CAST CEMENT PRODUCL Page 4 Cheque Register being Cheque #6212 to Cheque #6310 inclusive... Page 171 of 403 lnvoice Payee Number Cheque Cheque Amount Number 2008.08.19 6.3 9050 MUNICIPALITY OF BAYHAM Accounts Payable Royal Bank Cheque Register - 0410912009 0410912009 1:20PM 5365 COUPLER, RISER o3t17t2009 I 131.12 006252 Cheque Amount - 131.12 OO'1487 RICKWEISLER reøuit training NEW RECRUIT TRAINING INSTR 04/06/2009 I 85.00 006293 Cheque Amount - 85.00 000806 SGS CANADA INC 10343050 t-AB FEES 03t26t2009 I 369.60 006294 10343051 LAB FEES 03t26t2009 I 132.30 006294 10343052 LAB FEES 03t26t2009 I 190.05 006294 10343628 LAB FEES 03t27t2009 r 562.80 006294 Cheque Amount - 1,254.75 OO1106 SIEMENS WATER TECHNOLOGIES 1039243 B|OXTDE 03t12t2009 I 3,923.36 006295 Cheque Amount - 3,923.36 OOO827 SOUTHWESTERN FIRE PROTECTION 1580 INSPECTTONS - STRAF L|BRARY 03/18/2009 I 226.80 006296 1581 TNSPECTTONS - pB L|BRARY 03/18/2009 I 151.20 006296 ChequeAmount- 378.00 OOO83I SPORTSWOOD PRINTING 9314 RENTALCONTRACTS 03/30/2009 I 281.37 006297 Cheque Amount - 281.37 OOO838 ST. THOMAS TIMES JOURNAL 60/223060 VIS|T & TOUR AD 03t07t2009 t 1,047 .38 006298 Cheque Amount - 1,047.38 OO1O54 SÏRAFFORDVILLE FIREMAN'S ASSOCIATION reimburse REIMBURSE DAMAGE DEPOSIT 0410612009 I 320.00 006299 ChequeAmount- 320.00 001272 TAK MECHANICAL 764 RTBBON BURNER - V.C.C. 03t26t2009 I 136.50 006300 Cheque Amount -136.50 OOO874 TEAM TRUCK CENTRES 4290690125 PLASTIC RIVETS 4290690150 PINS Cheque Amount - 16.30 001418 TELUS 015894762009 DOLLAR POOLTNG SAVTNGS 03t27t2009 C -122.56 006302 015894762009' CHARGES & CREDTTS 01589476200912005876 CELL PHONE - p GROENEVELD 03t27t2009 I 57.69 006302 03t10t2009 t 14.24 006301 03/10/2009 I 2.06 006301 03t27t2009 I 8.41 006302 Page 5 Cheque Register being Cheque #6212 to Cheque #6310 inclusive... Page 172 of 403 lnvoice Payee Number lnvoice Date Type Gheque Number 2008.08.19 6.3 9050 MUNICIPALITY OF BAYHAM Accounts Payable Royal Bank Cheque Register - 0410912009 0312712009 0312712009 031271200s 0312712009 0312712009 03t2712009 0312712009 0312712009 03127t2009 04/09/2009 1:20PM 006302 006302 006302 006302 006302 006302 006302 006302 006302 006303 006303 006304 006305 006305 006306 006307 006308 006308 006308 006308 006308 006308 006308 006308 006308 006308 01 5894762009/61 97656 CELL PHONE - A SWANCE 015894762009/6365709 CELL PHONE - PB FIRE DEPT 015894762009/6365787 CELL PHONE - ROADS DEPT 015894762009/6366178 CELL PHONE - STRAFF FIRE DEPT 015894762009/6366,198 CELL PHONE - E BRADFIELD 0't5894762009/6366368 CELL PHONE - E ROLOSON 015894762009/6369464 CELL PHONE - K KRUGER 015894762009/6689955 CELL PHONE - B BUTLER 015894762009/902',t249 CELL PHONE - ROADS DEPT 41.75 36.95 37.35 36.95 132.36 77.10 52.04 42.43 36.95 OOlOO2 TILLSONBURG FIRE & SAFETY EQUIPMENT 11407 11408 OO12OO TODD MCMILLAN recruit training Cheque Amount - TNSPECT|ON OF RANGE HOOD S.( 03t27t2009 INSPECTION OF HOOD RANGE V.( O3I27I2OO9 Cheque Amount - NEW RECRUIÏ TRAINING INSTR 0410612009 I Cheque Amount - 03t11t2009 0410612009 Cheque Amount - 04/06/2009 I Cheque Amount - 03/31/2009 I Cheque Amount - 437.42 77.41 77.4',1 154.82 85.00 OOO913 TOWNSHIP OF MALAHIDE 09-59 INFO TECHNOLOGY - APRIL COURSE MEDIA RELATIONS COURSE 001359 TREASURER E.C.F,P.O,A. '09 dues 2OO9 MEMBERSHIP DUES OOO947 VANDENBRINK FARM EQUIPMENT INC Pt45461 BELT, FILTERS OOO953 VIENNA HOME CENTER LTD 85.00 258.30 150.00 408.30 100.00 '100.00 250.64 334766 334799 334839 334854 33487'l 335201 335336 335455 335476 335491 POSTS CLEANERS POSTS SLIDING T-BEVEL POSTS BATTERIES GALVANIZED LAGS, POSTS DECK SAW, VINYL TAUPE MASK, BRUSHES. ROLLER STAPLES, PUSH PINS 03/03/2009 I 0310412009 I 03/05/2009 I 03/06/2009 I 03/06/2009 I 0311712009 I 0312012009 I 03t25t2009 I 0312612009 r 0312612009 I 250.64 339.34 11.28 87.60 7.90 129.43 14.54 92.82 't 17.69 28.29 31.05 r3558r WASHERS, NUTS, SCREWS 03/30/2009 I -- 30-z- 00€3-0r Page Cheque Register being Cheque #6212 to Cheque #6310 inclusive... Page 173 of 403 2008.08.19 6.3 9050 MUNICIPALITY OF BAYHAM Accounts Payable Royal Bank Cheque Register - 0410912009 04/09/2009 1:20PM 006309 006309 006309 006309 006309 006309 WASHERS, NUTS, BOLTS HYDRAULIC HOSES, FITTINGS FUEL FILTERS LIGHTS - RED SHRINK TUBING REBUILD TRANSMISSION SERVICE CALL. BRAKES Cheque Amount - 03t31t2009 r '14.92 OOO957 VOTH SALES &SERVICE LTD 00001 79348 0000'179359 00001 7941 7 00001 79546 00001 79600 00001 79609 03t02t2009 03/03/2009 03/'10/2009 0312612009 03/30/2009 03/30/2009 905.29 40.12 112.80 124.28 13.96 9,148.63 143.21 OOO981 WILSON'S LAWN CARE feb'09 snow removal FEB'09 SNOW REMOVAL Cheque Amount - 0212312009 I 9,583.00 1,204.88 006310 Cheque Amount -1,204.88 Gheque Run Total -94,644.49 lnvoice Payee Number Cheque Amount Cheque Number Page Cheque Register being Cheque #6212 to Cheque #6310 inclusive... Page 174 of 403 SORW HUNICIPALITY OF BAYHAI.I TOT PACKETS - 2 CURRENT a , 092 .4? ADP CANADAPAYROLL TECHNOLOGIÊSDAILY UPDATE REPORTCOÌ.IPANY TOTALS ADJUST-CR CURRENT TOTAL I , 0r2 .42 I ,650.48 4 , L50 .4A 896.47 L4,789.85 32,726 .75 50.00 32 ,77 6 .75 47 ,566 , 60 105.88 5.29 47 ,677 .77 SERVICE CHARGES RUN: APR 7 2009 N0: APAGE:1047GST REG: 100057415 RT0004C0IIPANY PAGE: 5 DEBIT DATE: APR 7,2009 DATE 0F PAY: APR 9, 2OO9 ADJUST -DR YTD ADJUST CHARGE IIEI-I 15.68 PAYROLL RUNS I0.00 YTD TOTAL 7O,708.32 FEDL TAX NR TAX PROV TAX 14,0L6.06 EI CoNT QPIP 35,236.78 CAN PEN QC PEN QC HSF 7 ,592.46 0N EHT IIB HET NL HAPSET L27 ,553.62 TOT STATS CHEQUES 276,360.LL DEPoSTTS US DEPS 4OO. OO DED DEPS 276,769.LT TOT NPAY RRSP RTI 404,3L3.73 TOT PAYROL L,287 .32 SERV CHRG 64.37 GST PST 4O5,665.42 GRAND TOT FEDL TAX NR TAX PROV TAX EI CONT QPIP CAN PEN QC PEN QC HSF ON EHT I'IB HET NL HAPSET TOT STATS CHÊQUES DEPOS I TS US DEPS DED DEPS TOT NPAY RRSP RTI TOT PAYROL SERV CHRG GST PST GRAND TOT L ,650 .48 4 , r50 .48 e96.47 L4,749.85 32 ,726.75 50.00 32,776.75 47,566.60 1 05, 88 5.29 47 ,677.77 ITEI.I UNITS SALARIED WORKPAYS 20 PAY ADVICE FOLD 29 TOTAL S./C SUBJECT TO GST IS: TOTAL PAYROLL DEBIT IS CHARGE 50.40 5. 80 ANALYSIS OF ITEM H0URLY tIoRKPAYS COURIER FEE t 05.88 UNITS 9 t UNITS I CHARGE 46 -OO 47'677.77 DEBIT INF0RMATI0N: 003 0Eto2 t0It92S Cheque Register being Cheque #6212 to Cheque #6310 inclusive... Page 175 of 403 Page 176 of 403 ,l CORPORATION OF THE MUNICIPALITY OF BAYHAM STAFF REPORT TO: Mayor & Members of Council DATE: April 9, 2009 FROM: Suzanna Dieleman Mantel, Treasurer FILE: Fl1 SUBJECT: Rates and Fees NUMBERzF2009-23 Purpose: To recommend a fee schedule for road access permits and water/sewer connection permits. Background: A service area has been identif,red where municipal staff spend considerable time for the benefit of individual property owners. These areas are the approval and inspection process for road access (laneways) and water and/or sewer connections. Please refer to staff report D2009-015 regarding the relevant permit policies and procedures. Discussion: Staff have estimated average approval and inspection times for the three services and developed fees sufficient to capture total expenditures for the individual services. The proposed rates are: Road access permit $160.00 Water connection permit $170.00 Sewer connection permit $170.00 Strategic Plan Goal: Goal #1 - Practice responsible f,rnancial management. Goal #2 - Ensure reliable, well-maintained and secure infrastructure. Staff Report F2009-23 regarding Rates and Fees. File: F11 Page 177 of 403 tI Staff Report F2009-23 regarding Rates and Fees. File: F11 Page 178 of 403 THE CORPORATION OF'THE MTJNICIPALITY OF BAYHAM BY-LA\il 2009-055 BEING A BY-LA\ü TO AMEND BY-LAW 2OOí-IO?IMPOSING RATES AND FEES WHEREAS the Municipal Act S.O. 2001, Chap. M. 25 as amended provides that the Council of a local Municipality may by by-law, impose specihc rates and fees to be charged for municipal services. AND WHER.EAS the Council of the Corporation of the Municipality of Bayham did by By- law 2005-102 adopt a schedule ofrates and fees for municipal services; AND WHEREAS the Council of the Municipality of Bayham now deems it expedient to amend ByJaw 2005-l02to include road access, water connection and sewer connection permit fees; A¡D1ilHEREAS the Council of the Corporation of the Municipality of Bayham deems it necessary to amend the schedule ofrates and fees for such services; THEREFORE THE COUNCIL OF THE CORPORATION OF THE MI]NICIPALITY OF'BAYHAM ENACTS AS FOLLOWS: THAT the following fees be added to Schedule "4" of By-Law 2005'702: Road access permit $160.00 Water connection permit $170.00 Sewer connection permit $170.00 2. AI\D THAT in all other respects ByJaw 2005'102 be hereby confirmed' READ A FIRST AND SECOND TIME this 16th day of April2009. MAYOR CLERK READ A THIRD TIME AND FINALLY PASSED this 16rh day of April 2009. MAYOR CLERK Staff Report F2009-23 regarding Rates and Fees. File: F11 Page 179 of 403 Page 180 of 403 -l CORPORATION OF THE MUNICIPALITY OF BAYHAM STAFF REPORT TO: Mayor & Members of Council DATE: April9, 2009 FROM: Suzanna Dieleman Mantel, Treasurer FILE: F 03 SUBJECT: Financial Report NUMBERzF2009-24 Background Comments Please find attached a detailed financial report to March 31, 2009 for council's information. Winter control is at approximately 55o/o of the total proposed budget for 2009. Expenditures on County roads (mostly winter control) are also high at almost 50% ofthe budget. There are no other areas ofconcern. The capital spent to date is primarily the initial payment on the new fire truck and engineering on Light Line. A more detailed report will be provided at alater date. Recommendations: That Stalf Report F2009-24 regardìng Jinøncial reporting be receíved. Encl. Respectfully submitted, Suz Dieleman Mantel, Treasurer Staff Report F2009-24 regarding Financial Report. File: F0... Page 181 of 403 2008 08.19 6.3 9050 MUNICIPALITY OF BAYHAM General Ledger Annual Department Budget vs. Actual Comparison Report Fiscal Year 2009 - From Period 1 To Period 3 Ending MAR 31,2009 09/04/2009 'l :55PM Account Description 2008 Year Total 2009 Year To Date Actual I Budget Pct Used Total Budget REPORT SUMMARY O1-0510 GENERALTAXATION 01-0520 OTHER REVENUES 01-0530 COUNTYTAXATION 01-0540 PUBLIC SCHOOL TAXATION O,I-0550 SEPARATE SCHOOL TAXATION 01-1010 GENERALGOVERNMENT 01-2010 FIRE DEPARTMENT 01-2020 POLICESERVICES 01-2040 PROTECTIVE INSPECTION & CONTRO 01-2050 BY-LAWENFORCEMENT 01-25',t0 ROADS 01-2520 ROADS - WINTER CONTROL 01-3OIO WATER SYSTEM O1.3O2O SEWAGE SYSTEM O1-3030 WASTE DISPOSAL O1-3510 HEALTH SERVICES 01-4510 PARKS & RECREATION 01-4520 COMMUNITY CENTRE.STRAFF O1-4530 COMMUNITY CENTRE-VIENNA O1-4535 EDEN COMMUNITY CENTRE 01-4540 LtBRARtES O1-4550 MUSEUMS BAYHAM O1-5010 PI.ANNING & DEVELOPMENT 01-5012 BUSINESS & COMMERCE 01.5015 TOURISM & MARKETING O1-5020 ENVIRONMENTALSERVICES 01-5510 CAPTTAL O1-5520 CASHREQUIREMENTS Fund 01 Total Revenue O1-0510 GENERALTAXATION O1-0530 COUNTYTAXATION O1-0540 PUBLIC SCHOOL TAXATION O1-0550 SEPARATE SCHOOL TAXATION OI-1010 GENERAL GOVERNMENT 01-1020 couNctL 01-2OIO FIRE DEPARTMENT o't-2020 PoLtcE sERVtcEs OI-2030 CONSERVATIONAUTHORITY 3,266,846.71 325,090.67 (3,1 07.1 4) (2,639.28) (582.1 0) 7,826.70 231.87 50,560.0'l 8,852.00 12,526.00 141,333.12 0.00 60,547.01 88,6s9.77 9,231.33 30,310.53 0.00 2,487.33 2,355.00 0.00 16,505 88 266 66 6,296.00 (42.00) 2,500.00 2,047.50 (1,430.00) 75,866.85 't19.92 2,724,256.00 23.73 1,370,001.00 0 00 0.00 0.00 0.00 0.00 0.00 20.96 37,333.00 2.21 10,500.00 63.20 80,000.00 '13.15 67,300.00 46.83 26,750.00 38.33 368,696.00 0.00 9,900.00 11.99 505,184 00 16.12 549,944.00 3l.83 29,000 00 0.00 0.00 0.00 2,600.00 14.63 1 7,000.00 22 43 10,500.00 0.00 7,695.00 25.86 63,816.00 1 .03 26,010 00 24.69 25,500.00 (4.08) 1,030.00 38.46 6,500.00 1 9.31 1 0,604.00 (0 03) 4,247,188.00 17.61 430,900 00 4,102,540.42 (9,451.66) 605,1 29.00 598,368.00 88,910.00 139,882.03 20,611 82 71,083.19 116,849.01 36,176.00 38 60 10,628,207.00 0 00 0.00 0.00 0 00 0.00 0.00 0.00 0 00 25.88 540,501.00 28.27 72,915.00 21.50 330,662.00 16.60 704,047.00 100.00 36,176.00 36Page Staff Report F2009-24 regarding Financial Report. File: F0... Page 182 of 403 2008.08 't9 6.3 9050 MUNICIPALITY OF BAYHAM General Ledger Annual Department Budget vs. Actual Comparison Report Fiscal Year 2009 - From Period 1 To Period 3 Ending MAR 31 ,2009 09/04/2009 1:55PM Account Description 2008 Year Total 2009 YearTo Date Actual Budget Pct Used Total Budget I I 01-2040 PROTECTIVE INSPECTION & CONTRO O1-2050 BY-LAW ENFORCEMENT 01-2510 ROADS 01-2520 ROADS - WINTER CONTROL 01-2540 STREET LIGHTS 01-3010 WATER SYSTEM O1.3O2O SEWAGE SYSTEM O1-3030 WASTE DISPOSAL OI-3510 HEALTH SERVICES O1-3520 CEMETERIES 01-4010 GENERALASSISTANCE 01-4510 PARKS & RECREATION 014520 COMMUNITY CENTRE-STRAFF 01.4530 COMMUNITY CENTRE-VIENNA O1-4535 EDEN COMMUNITY CENTRE 01-4540 LIBRARIES O1-4550 MUSEUMS BAYHAM O1-5010 PLANNING & DEVELOPMENT 01-5012 BUSINESS & COMMERCE 01-5015 TOURISM & MARKETING O1-5020 ENVIRONMENTAL SERVICES 01-5510 CAPTTAL O1-5520 CASH REQUIREMENTS Fund 01 Total Expenditure Fund 01 Excess Revenue Over (Under) Expenditures ReportTotal Revenue Report Total Expenditure Report Excess Revenue Over (Under) Expenditures 16,933 04 10,258.53 421,993.43 64,440.18 't 4,031 .1 I 37,460.20 81,952.31 65,096.86 8,496.31 000 0.00 11,783 47 18,607.05 12,092 71 3,828.75 7,941 35 8,953.59 20,372 20 862.s5 1,046 39 8,780.84 157,387.34 0.00 18.35 92,284.00 'r 4.68 69,897.00 35.66 1 ,'l 83,438.00 54.91 1 17,355.00 28.94 48,480.00 7.42 505,183.00 14.90 549,945.00 14.91 436,732 00 89.00 9,546 00 0.00 16,500.00 0.00 7,800.00 21 07 55,922 00 26.73 69,616.00 23 36 51,774.00 23.60 16,225.00 33.46 23,734.00 9.61 93,144.00 20 49 99,406.00 26.95 3,200 00 2.22 47,055.00 31.14 28,196.00 3.65 4,314,974.00 0.00 1,103,500.00 2,639,875.67 24.84 10,628,207.00 1,462,664.75 0.00 0.00 4,102,540.42 2,639,875 67 38.60 10,628,207.00 24.84 10,628,207.00 1,462,664.75 0.00 0.00 Page 37 Staff Report F2009-24 regarding Financial Report. File: F0... Page 183 of 403 2008.08.'t9 6.3 9050 MUNICIPALITY OF BAYHAM General Ledger Annual Department Budget vs. Actual Comparison Report Fiscal Year 2009 - From Period 1 To Period 3 Ending MAR 31 ,2009 09/04/2009 1:55PM ] o""oun,Description 2008 YearTotal 2009 Year To Date Actual i Budget Pct Used Total Budget Fund: 01 General Category: 0??? O51O GENERAL TAXATION Revenue 01-0510-4010 Residential & Farm 01-0510-4030 Commerciel Unoccupied 01-0510-4040 Commercial Occupied 01-0510-4080 Farmlands Total Revenue Expense 01 -051 0-5620 Tax Adjustments 01 -051 0-5630 Assessment Charges Total Expense Dept Excess Revenue Over (Under) Expenditures 3,268,263.85 4,525.25 (6,464.64) 522.25 119.97 2,724256.00 0.00 0.00 0.00 0.00 0.00 0.00 3,266,846.71 119.92 2,724,256.00 (9,526.66) 75.00 0.00 0.00 0.00 0.00 (9,451.66)0.00 3,276,298.37 120.26 2,724256.00 Page Staff Report F2009-24 regarding Financial Report. File: F0... Page 184 of 403 2008.08.19 6.3 9050 MUNICIPALITY OF BAYHAM General Ledger Annual Department Budget vs. Actual Gomparison Report Fiscal Year 2009 - From Period 'l To Period 3 Ending MAR 31,2009 09/04/2009 1:55PM 2008 Year Total 2009 Year To Date ActualAccount Description Budget Pct Used Total Budget O52O OTHER REVENUES Revenue 01-0520-4110 Grants & Subsidies 01-05204120 Sundry Revenue 01-0520-4'130 lnterest on Taxes - Current 01-05204140 lnterest on Taxes - Prior 0l-0520-4150 lnvestment income 01-0520-4'180 Prior Year Surplus(Deficit) Total Revenue Dept Excess Revenue Over (Under) Expenditures 298,500.00 808.74 2,916.00 18,867.33 3,998.60 0.00 325,090.67 23.73 1,370,001.00 325,090.67 23.73 1,370,001.00 Page Staff Report F2009-24 regarding Financial Report. File: F0... Page 185 of 403 2008.08.19 6.3 9050 MUNICIPALITY OF BAYHAM General Ledger Annual Department Budget vs. Actual Comparison Report Fiscal Year 2009 - From Period 1 To Period 3 Ending MAR 31 ,2009 Ogl04l2009 l:55PM Account Description 2008 Year Total 2009 Year To Date Actual Budget Pct Used Total Budget O53O COUNTY TAXATION Revenue 01-0530-40'10 County- Residential 01-0530-4030 County - Commercial Unoccupied 01-0530-4040 County - Commercial Occupied 01-0530-4080 County - Farmlands Total Revenue Expense 01-0530-5100 County Tax Requisitions Total Expense Dept Excess Revenue Over (Under) Expenditures (1,851.26) 4,010.30 (5,728.99) 462.81 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 (3,107.14)0.00 0.00 605,129.00 000 0.00 605,1 29.00 0.00 000 (608,236.14)000 000 Page Staff Report F2009-24 regarding Financial Report. File: F0... Page 186 of 403 2008.08.19 6.3 9050 MUNICIPALITY OF BAYHAM General Ledger Annual Department Budget vs. Actual Comparison Report Fiscal Year 2009 - From Period 1 To Period 3 Ending MAR 31,2009 09/04/2009 1:55PM Account Description 2008 YearTotal 2009 YearTo Date Actual Budget Pct Used Total Budget O54O PUBLIC SCHOOL TAXAT]ON Revenue 01-0540-4010 Pub Sch - Residential 01-0540-4030 Pub Sch - Commeróial Unoccup 01-0540.4040 Pub Sch - Commercial Occup 01-0540-4080 Pub Sch - Farmlands Total Revenue Expense 01-0540-5100 Pub Sch Tax Requisitions (2,639.28)0.00 0.00 Total Expense Dept Excess Revenue Over (Under) Expenditures 0.00 0.00 0.00 0.00 0.00 0.00 000 0.00 0.00 Page Staff Report F2009-24 regarding Financial Report. File: F0... Page 187 of 403 2008.08.19 6.3 90s0 MUNICIPALITY OF BAYHAM General Ledger Annual Department Budget vs. Actual Comparison Report Fiscal Year 2009 - From Period 'l To Period 3 Ending MAR 31,2009 09/04/2009 1:55PM Account Description 2008 YearTotal 2009 YearTo Date Actual Budget Pct Used Total Budget O55O SEPARATE SCHOOL TAXATION Revenue 01-0550-4030 Sep Sch - Commercial Unoccup 01-0550-4040 Sep Sch - Commercial Occup Total Revenue Expense 0'1-0550-5100 Sep Sch Tax Requisitions Total Expense Dept Excess Revenue Over (Under) Expenditures Category Excess Revenue Over (Under) Expenditures 1,358.23 (1,s40.33) 0.00 0.00 0.00 0.00 (582.1 0)0.00 88,910.00 000 0.00 88,910.00 (89,492.10)000 0.00 56.24 4,094,257.00 Page Staff Report F2009-24 regarding Financial Report. File: F0... Page 188 of 403 2008.08.19 6.3 9050 MUNICIPALITY OF BAYHAM General Ledger Annual Department Budget vs. Actual Comparison Report Fiscal Year 2009 - From Period I To Period 3 Ending MAR 31 ,2009 0910412009 1:55PM Description 2008 Year Total 2009 YearTo Date Actual Budget Pct Used Total Budget Categoryl 1??? 101O GENERAL GOVERNMENT Revenue 01 -1 010-41 I 0 Grants & Subsidies 01-1010-4120 Tax Certificates 01-1010-4130 Fees & Service Charges 01-1 010-4'140 Lottery Licences 01-1 01 0-41 90 Contributions from Reserves Total Revenue Expense 0l-1010-5100 Salaries & Wages 01 -1 010-51 1 0 Statutory Benefits 01-1010-5120 Non-Statutory Benefits 01-1 01 0-5140 Payroll Service Charge 01-1 01 0-5145 Bank Service Charges 01-1010-5160 lnternet Charges 01-1010-5170 Supplies 0l -1010-5180 Computer Support 01-1010-5185 lT & GIS Support 01-1010-5210 Utilities 01 -101 0-5220 Subscriptions & Publications 0'l -1 01 0-5240 Advertisin g 01-1010-5250 Association & Membership Fees 0l-1010-5260 Auditing Fees 01 -10'10-527 O Building Maintenance 01-1 010-5280 Equipment Maintenance 01-'1010-5290 Grounds Maintenance 01-1010-5300 lnsurance 01-101 0-5305 lnsurance Deductibles 01-1010-5310 Legal Fees 01-1010-5320 Postage & Courier 01-1010-5330 Training & Education 01-1010-5340 Conferences & Seminars 01-1010-5350 Travel 01-1010-5360 Telephone 01-1010-5370 Sundry Total Expense Dept Excess Revenue Over (Under) Expenditures 15 00 1 ,1 70.00 5,030.25 1,611 45 0.00 0.00 16.71 23.95 23.02 0.00 0.00 7,000.00 21,000.00 7,000.00 2,333.00 7,826.70 20.96 37,333.00 73,916.05 7,255.60 10,858.59 1,072.14 543.89 233.85 2,926.35 6,771.50 0.00 2,979.06 86.40 357.15 1,304.60 0.00 768.97 2,387.54 652.29 17,377.13 220.00 674.50 2,115.79 0.00 0.00 459.00 1,952.63 4,969.00 24.63 300,083.00 2',t 98 33,009.00 24.'12 45,012.00 30.63 3,500.00 4'1.84 1,300.00 25.47 918.00 31.81 9,200.00 30.23 22,400.00 0.00 13,200.00 32.14 9,270.00 12.17 71 0.00 35.72 1,000.00 57.98 2,250.00 0.00 8,100.00 6.41 12,000.00 17 .95 13,300.00 52 18 l,250.00 99.30 17,500.00 2.20 10,000.00 26.98 2,500 00 18.67 11,330 00 0.00 3,000.00 0.00 4,000.00 8.91 5,1 50.00 25.97 7,519.00 165.63 3,000.00 139,882.03 25.88 540,501.00 (132,055.33)26.24 (503,168.00) Page Staff Report F2009-24 regarding Financial Report. File: F0... Page 189 of 403 2008.08.19 6.3 9050 MUNICIPALITY OF BAYHAM General Ledger Annual Department Budget vs. Actual Comparison Report Fiscal Year 2009 - From Period 1 To Period 3 Ending MAR 31 ,2009 09/04/2009 1:55PM Account Description 2008 Year Total 2009 Year To Date Actual I Budget Pct Used Total euOget I 1020 couNctL Expense 01-1020-51 00 Salaries & Wages 01-1020-51 10 Statutory Benefits 01-1020-5250 Association & Membership Fees 0l -1020-5340 Conferences & Seminars 01-1020-5350 Travel 0l-1020-5370 Sundry 01-1020-5410 Election Expense Total Expense Dept Excess Revenue Over (Under) Expenditures Category Excess Revenue Over (Under) Expenditures 12,681.48 739.25 0.00 6,621 60 391.50 177 99 0.00 23.03 24.64 0.00 94.59 19.58 35 60 0.00 55,061.00 3,000.00 1,854.00 7,000.00 2,000 00 500.00 3,500.00 20,611 82 72,915.00 (20,611.82)28.27 (72,915.00) (r 52,667.15)26.50 (576,083.00) Page Staff Report F2009-24 regarding Financial Report. File: F0... Page 190 of 403 2008.08.19 6 3 9050 MUNICIPALITY OF BAYHAM General Ledger Annual Department Budget vs. Actual Comparison Report Fiscal Year 2009 - From Period 1 To Period 3 Ending MAR 31 ,2009 09/04/2009 1:55PM Account Description 2008 Year Total 2009 Year To Date Actual Budget Pct Used Total Budget Category: 2??? 2O1O FIRE DEPARTMENT Revenue 01-2010-4130 Fees & Service Charges 01-2010-4180 Donations 01-2010-4190 Contributions from Reserves Total Revenue Expense Total Expense Dept Excess Revenue Over (Under) Expenditures 0.00 231.87 0.00 0.00 0.00 0.00 2,500.00 0.00 8,000.00 231.87 2.21 10,500.00 01-2010-5100 Salaries & Wages 01 -201 0-51 02 FireFighters Remuneration 0'l-2010-5105 Emergency Planning Wages 01-2010-5'1 '10 Statutory Benefits 01 -2010-5120 Non-Statutory Benefits 01-2010-5130 Uniforms 01-2010-5150 Supplies - Emergency Op Centre 01-2010-5160 Supplies - Medical Response 01-201 0-51 65 Supplies - Municipal Water Consumption 0'l-20'10-5170 Supplies - Office 01-2010-5175 Equipment Purchase - Operating 0l-2010-5180 Equipment Purchase - Protect¡ve 01 -2010-5210 Utilities 01 -201 0-5240 Advertisin g 01-20'10-5250 Association & Membership Fees 01 -2010-527 O Building Maintenance 01 -2010-527 5 Cleaning Supplies 01-2010-5280 Equipment Maintenance O'l -2010-5285 Communications Eq Maintenance 01-2010-5290 Grounds Maintenance 01-2010-5295 Vehicle Maintenance 01 -201 0-5300 lnsurance 01-20,l0-5310 Legal 01-2010-5320 Postage & Courier 01-2010-5330 Training & Education - Fire 01-2010-5335 Training & Education - Emergency Planning 01-2010-5340 Conferences & Seminars 01-2010-5350 Travel 01-201 0-5360 Telephone - Stations 01-2010-5365 Telephone - Chief 01-2010-5370 Sundry 01 -2010-5420 Fire Prevention Expense 01 -201 0-5425 Public Education 01-2010-5430 91 1 Dispatching 01-2010-5440 911 Other 01-2010-5450 AutomaticAid Contract 16,949.44 000 1,428 97 2,487 69 1,851 27 30.24 000 103.62 0.00 627.46 126.76 1,779.42 7,088 66 0.00 250.00 745.75 132.61 422.67 I,94s.95 I,696.33 1,619.42 16,045.00 0.00 103.59 8,028.40 0.00 530.00 1,260.90 609.55 101.20 410.75 60.00 648 00 3,999 54 000 0.00 27.36 000 16.99 21.65 17.54 4.03 0.00 000 0.00 62 75 1.49 20.93 39.33 0.00 34.48 't2.43 26.52 '14.09 38.92 56.54 28.59 76.91 0.00 8.63 37.17 0.00 17.67 33.62 20.32 16.87 5.13 2.67 64.80 23.89 0.00 0.00 61,948.00 83,394.00 8,41 1.00 11,489.00 10,554.00 750.00 1,000.00 0.00 '1,000.00 1,000.00 8,500.00 8,500.00 18,025.00 500.00 725.00 6,000.00 500.00 3,000.00 5,000.00 3,000.00 5,665.00 20,863.00 1,000.00 1,200.00 21,600.00 2,000.00 3,000.00 3,750.00 3,000.00 600.00 8,000.00 2,250.00 1,000.00 16,738.00 4,000.00 2,700 00 71 ,083.1 9 2',t.50 330,662.00 (70,851.32) Page 22.13 (320,162.00) Staff Report F2009-24 regarding Financial Report. File: F0... Page 191 of 403 2008.08.19 6 3 9050 MUNICIPALITY OF BAYHAM General Ledger Annual Department Budget vs. Actual Comparison Report Fiscal Year 2009 - From Period 1 To Period 3 Ending MAR 31,2009 09/04/2009 1:55PM Account Description 2008 YearTotal 2009 YearTo Date Actual Budget Pct Used Total Budget 2020 POLICE SERVICES Revenue 01 -20204120 POA Revenues 01-2020,4130 Sundry 01 -2020-4190 Contributions from Reserves Total Revenue Expense 01 -2020-52',t O Uti lities 01 -2020-527 0 Building Maintenance 01 -2020-5290 Grounds Maintenance 01 -2020-5300 lnsurance 01-2020-5360 Telephone 01 -2020-5450 Service Contract 01-2020-5460 Police Services Board Total Expense Dept Excess Revenue Over (Under) Expenditures 50,560.01 63.20 80,000.00 1 16,849.01 16.60 704,047.00 (66,28e.00)10.62 (624,047.0O) Page Staff Report F2009-24 regarding Financial Report. File: F0... Page 192 of 403 2008.08.19 6.3 9050 MUNICIPALITY OF BAYHAM General Ledger Annual Department Budget vs. Actual Comparison Report Fiscal Year 2009 - From Period 1 To Period 3 Ending MAR 3'l ,2009 09l04l200g 1:55PM 2008 Year Total 2009 Year To Date Account Description Actual Budget Pct Used Total Budget 2O3() CONSERVATION AUTHORIW Expense 01-2030-5460 Conservation Authority Total Expense Dept Excess Revenue Over (Under) Expenditures 36,176.00 100.00 36,176.00 36,'t76.00 100.00 36,176.00 (36,176.00)(36,176.00) Page Staff Report F2009-24 regarding Financial Report. File: F0... Page 193 of 403 2008.08.19 6.3 9050 MUNICIPALITY OF BAYHAM General Ledger Annual Department Budget vs. Actual Comparison Report Fiscal Year 2009 - From Period 1 To Period 3 Ending MAR 31,2009 09ll4l20jg 1:55PM Account Description 2008 Year Total 2009 Year To Date Actual Budget Pct Used Total Budget 2O4O PROTECTIVE INSPECTION & CONTRO Revenue 01-2040-4130 Building Permits 01-2040-4140 Septic System Perm¡ts & PDC's 01 -2040-41 50 Sundry Revenues Total Revenue Expense 01-2040-5100 Salaries & Wages 01 -2040-51 10 Statutory Benefits 01 -2040-51 20 Non-Statutory Benefits 01-2040-5170 Supplies 01 -2040-5220 Subscriptions & Publication 01 -2040-5240 Advertising 01-2040-5250 Association & Membership Fees 01 -2040-5295 Vehicle Maintenance 01-2040-5300 lnsurance 01-2040-5310 Legal Fees 01-2040-5330 Training & Education 01-2040-5340 Conferences & Seminars 01-2040-5350 Travel 01-2040-5360 Telephone 01-2040-5370 Sundry 01 -2040-551 0 Administrative Overhead Total Expense Dept Excess Revenue Over (Under) Expenditures 7,452.00 1,400.00 0.00 12.42 60,000.00 20 00 7,000.00 0.00 300.00 8,852.00 1 3.1 5 67,300.00 12,099.16 1,226.61 2,331 .47 0.00 75.00 0.00 200.00 0.00 902.00 0.00 0.00 000 900 89.80 000 0.00 20.19 18.61 25 94 0.00 30.00 0.00 50.00 0.00 100.00 0.00 0.00 0.00 r.00 16.63 0.00 000 59,920.00 6,59r 00 8,988.00 925.00 250.00 200.00 400.00 1,027.00 902 00 2,500.00 2,500 00 2,500.00 900 00 540 00 1,541.00 2,600 00 16,933.04 18.35 92,284.00 (8,081.04)32.34 (24,984.00) Page Staff Report F2009-24 regarding Financial Report. 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Page 194 of 403 2008 08.19 6.3 9050 MUNICIPALITY OF BAYHAM General Ledger Annual Department Budget vs. Actual Comparison Report Fiscal Year 2009 - From Period 1 To Period 3 Ending MAR 31 ,2009 09/04/2009 1:55PM I I Account Description 2008 Year Total 2009 Year To Date Actual Budget Pct Used Total euoset I 2O5O BY-LAW ENFORCEMENT Revenue 01-2050-4120 Dog Tag Sales 01 -2050-41 50 Recoverable Costs Total Revenue Expense 01-2050-51 00 Salaries & Wages 01-2050-51 10 Statutory Benefits 01-2050-5120 Non-Statutory Benefits 01-2050-5150 Health & Safety Supplies 01-2050-5170 Supplies 01-2050-5175 Enforcement Costs 01 -2050-5240 Advertising 01-2050-5250 Association & Membership Fees 01 -2050-5295 Vehicle Maintenance 01-2050-5300 lnsurance 01-2050-5310 Legal Fees 01-2050-5330 Training & Education 01-2050-5340 Conferences & Seminars 01-2050-5350 Travel 01 -2050-5450 Service Contract 01-2050-5470 Dog Tags - Licensing Agent 01-2050-5475 Dog Tags - Supplies Total Expense Dept Excess Revenue Over (Under) Expenditures 12,526.00 0.00 63.42 19,750.00 0.00 7,000.00 12,526.00 46 83 26,750.00 3,394.93 296 88 762.87 0.00 102.17 000 0.00 139.00 508.10 902.00 I,13758 415.00 0.00 0.00 2,600.00 0.00 0.00 12.47 9.91 18.67 0.00 68.11 0.00 0.00 26.99 33.87 100.00 28.44 20.75 0.00 0.00 16.77 0.00 0.00 27,234.00 2,996.00 4,085.00 200.00 150.00 4,000.00 515.00 5'15.00 1,500.00 902.00 4,000.00 2,000.00 1,500.00 300.00 15,500.00 3,500.00 1,000.00 't0,258.53 14 68 69,897.00 2,267.47 (5.26) (43,147.00) Page 't2 Staff Report F2009-24 regarding Financial Report. 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Page 195 of 403 2008.08.19 6.3 9050 MUNICIPALITY OF BAYHAM General Ledger Annual Department Budget vs. Actual Comparison Report Fiscal Year 2009 - From Period I To Period 3 Ending MAR 31,2009 09/04/2009 1:55PM 2008 Year Total 2009 Year To Date ActualAccountDescription 2510 ROADS Revenue 01-2510-4110 Grants & Subsidies 01-2510-4120 Sundry Total Revenue Expense 01-2510-5100 Salaries & Wages 01-2510-511 0 Statutory Benefits 01 -251 0-51 20 Non-Statutory Benefìts 01-2510-5130 Clothing Allowance 01-2510-5170 Materials 01-2510-5180 Fuel Clearing 01-2510-5185 Vehicle Repairs-Clearing,Other 01 -251 0-521 0 Utilities 01 -251 0-5240 Advertising 01-2510-5250 Association & Membership Fees 01 -2510-527 0 Building Maintenance O'l -251 0-527 5 Equipment Maintenance 01-2510-5290 Drainage Assessments - Materials 01-2510-5300 lnsurance 01-2510-5310 Legal Fees 01-2510-5330 Training & Education 01-2510-5340 Conferences & Seminars 01-2510-5350 Travel 01-2510-5360 Telephone 01-2510-5370 Sundry 01-2510-6100 Truck 1 - Salaries & Wages 01-2510-6109 Truck 1 - Fuel 0 1-2510-61 10 Truck 1 - Repairs & Maintenanc 01-2510-61 12 Truck 2 - Repairs & Maintenance 01-2510-61 13 Truck 2 - Fuel 01-2510-6120 Truck 4 - Salaries & Wages 01-2510-6129 Truck 4 - Fuel 01-2510-6130 Truck4 - Repairs & Maintenanc 01-2510-6150 Truck 5 - Repairs & Maintenanc 01-2510-6200 Grader 6 - Wages 01-2510-6209 Grader6 - Fuel 0'l-2510-6210 Grader 6 - Repairs & Mainten 01-2510-6220 GraderT - Wages 01 -2510-6229 Grader 7 - Fuel 01-2510-6230 Grader 7 - Repairs & Maintenan 01-2510-6249 Case Loader 13 - Fuel 01-2510-6250 Case Loader 13 - Repairs & Mainte 01-2510-6269 Truck 14 - Fuel 01-2510-6289 Deere Backhoe 10 - Fuel 01-2510-6290 Deere Backhoe 10 - Repairs & Main 01-2510-6320 Truck I -Wages 01-2510-6329 Truck I - Fuel 01-2510-6330 Truck 8 - Repairs & Maintenance P 91,548.00 49,785.12 Budget Pct Used Total Budget 24.83 368,696 00 0.00 0.00 141,333.12 38.33 368,696.00 40,806.21 11,094.93 't8,799.90 205.1 9 1 ,1 56.61 10,289.90 0.00 12,592.06 354.36 0.00 13,067.77 4,807.44 0.00 44,589.00 0.00 0.00 2,893.93 0.00 510.43 'lo't.87 0.00 't,074 05 84.14 I't.07 145.15 827.42 3,035 88 12,912.20 1,075.75 592.47 2,008.86 1,506.01 2,002.14 222.13 169.75 1,868.97 797.49 70.56 168.82 205.41 't,144.08 2,789.02 4,003.59 28.54 143,000.00 23.27 47,678.00 29 59 63,545.00 5.36 3,830.00 12.17 9,500.00 10.04 102,500.00 0.00 5,000.00 61.13 20,600 00 141.74 250.00 0.00 250 00 108 90 12,000.00 12019 4,000.00 0 00 7,000.00 100 00 44,589 00 0 00 500.00 0.00 9,000.00 192.93 1,500.00 0.00 500.00 20.42 2,500.00 10.19 1,000.00 0.00 17,000.00 0.00 0.00 0.08 103,000.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0 00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0 00 0.00 0.00 0.00 0.00 0.00 0.00 13Page Staff Report F2009-24 regarding Financial Report. 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Page 196 of 403 2008.08.19 6.3 9050 MUNICIPALIry OF BAYHAM General Ledger Annual Department Budget vs. Actual Comparison Report Fiscal Year 2009 - From Period 1 To Period 3 Ending MAR 31,2009 09/04/2009 1:55PM 2008 YearTotal 2009 YearTo Date Account Description Áwve I I Actual Budget Pct Used Total Budget 01 -251 0-6350 Bulldozer 15 - Repairs & Maintenance 01-2510-6389 Truck l7 - Fuel 01-2510-6390 Truck 17 - Repa¡rs & Maintenance 01-2510-6409 Truck 9 - Fuel 01-2510-6420 Truck 3- Wages 01-2510-6429 Truck 3 - Fuel 01-2510-6430 Truck 3- Repairs & Maintenance 01-2510-6440 Truck g - Wages 01-2510-6449 Truck 9 - Fuel 0l -2510-6450 Truck 9 - Repairs & Maintenance 01-2510-7400 Bridge Maintenance - Wages 01-2510-7410 Bridge Maintenance - Material 0'l-2510-7450 Culvert Maintenance - Wages 01-2510-7460 Culvert Maintenance - Material 01-251 0-7500 Weed/Brush/Ditch - Wages 01-2510-7 510 Weed/Brush/Ditch - Material 01-2510-7520 Catch Basins - Wages 01-2510-7530 Catch Basins - Material 01-251 0-7600 Hardtop Maintenance - Wages 01-2510-7610 Hardtop Maintenance - Material 01-2510-7620 Loosetop Maintenance - Wages 01-2510-7630 Loosetop Maintenance - Materials 01-2510-7650 Grading - Wages 01-2510-7700 Dust Control - Weges 01-2510-77'10 Dust Control - Material 01-2510-7800 Safety Devices - Wages 01-2510-7810 Safety Devices - Material 01-2510-7850 Sidewalk Maintenance - Wages 01-2510-7860 Sidewalk Maintenance - Materia 01-2510-7900 CN Crossing Safety Devices 01-2510-7950 Road Names 0l -2510-8000 County Roads - Wages 01-2510-8010 County Roads - Materials Total Expense Dept Excess Revenue Over (Under) Expenditures 33.71 782.88 26.55 534.91 776.34 2,926.78 16,639.83 163.44 3,482.05 2,550.83 61.29 570.00 1,368.75 0.00 1,371.38 0.00 1,263.05 0.00 919.94 366.91 766.13 3,551.59 2,472.03 0.00 0.00 1,789.23 1,073.20 64.89 000 1,246 59 0.00 42,563.72 136,572.85 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0 00 0.00 0.00 0.00 0.00 0 00 0.00 0.00 0.00 6 1s 1 ,000.00 11.40 5,000.00 13 69 10,000.00 0.00 11,000.00 7.03 19,500.00 0.00 18,500 00 12.63 10,000.00 0.00 2,000.00 9.68 9,s00 00 1 79 20,500.00 19.15 4,000.00 1015 35,000.00 1373 18,000 00 0.00 8,000.00 0.00 4,000.00 19.88 9,000.00 7.67 14,000.00 3.24 2,000.00 0.00 6,000.00 27.70 4,500.00 0.00 4,500.00 53.20 80,000.00 47.3',t 288,696.00 421,993.43 35.66 1,183,438.00 (280,660.31)34.45 (814,742.00) Page 14 Staff Report F2009-24 regarding Financial Report. 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Page 197 of 403 2008.08.19 6.3 9050 MUNICIPALITY OF BAYHAM General Ledger Annual Department Budget vs. Actual Comparison Report Fiscal Year 2009 - From Period 1 To Period 3 Ending MAR 31 ,2009 0910412009 1:55PM Account Description 2008 Year Total 2009 Year To Date Actual I Budget Pct Used Total Budget 2520 ROADS - WINTER CONTROL Revenue 01-2520-4110 Grants & Subsidies Total Revenue Expense 01-2520-5100 Salaries & Wages 01 -2520-5170 Materials 01 -2520-5280 Equipment Maintenance 01-2520-5370 Sundry 01-2520-5520 Service Contract - Pt Burwell 01-2520-5530 Service Contract - Vienna 01-2520-5540 Service Contract - Straff 01-2520-5550 Service Contract - Eden 01-2520-5555 Service Contract - Richmond 01-2520-5560 Service Contract - Sidewalks Total Expense Dept Excess Revenue Over (Under) Expenditures 0.00 0.00 9,900.00 0.00 000 9,900.00 13,104.68 29,274.53 4,669.72 0.00 4,677.00 3,105.00 3,576.00 1,685.00 2,627.00 'l,721.25 49.35 73 19 23.95 0.00 51 .97 62.10 79.47 56.17 105 08 24 59 26,555.00 40,000.00 19,500.00 300.00 9,000.00 5,000.00 4,500 00 3,000.00 2,500.00 7,000 00 64,440.18 54.91 117,355.00 (64,440 18)59 97 (107,455.00) Page 15 Staff Report F2009-24 regarding Financial Report. File: F0... Page 198 of 403 MUNICIPALIW OF BAYHAM General Ledger Annual Department Budget vs. Actual Comparison Report Fiscal Year 2009 - From Period 1 To Period 3 Ending MAR 31,2009 09/04/2009 1:55PM Account Description 2008 Year Total 2009 Year To Date Actual Budget PctUsed Total Budget 2540 STREET LIGHTS Expense 01-2540-5520 SLA Port Burwell 0'l-2540-5530 SL{ Vienna 0'l -2540-5540 Sl-A Skaffordville 01-2540-5550 SLA Eden 0'l-2540-5560 Sl-A Corinth 01 -2540-5570 Slá Richmond Total Expense Dept Excess Revenue Over (Under) Expenditures Category Excess Revenue Over (Under) Expenditures 14,031 .1 8 48,480.00 (14,031.18)28.94 (48,480.00) Staff Report F2009-24 regarding Financial Report. File: F0... Page 199 of 403 2008.08 19 6.3 9050 MUNICIPALITY OF BAYHAM General Ledger Annual Department Budget vs. Actual Comparison Report Fiscal Year 2009 - From Period 1 To Period 3 Ending MAR 31,2009 09/04/2009 1:55PM 2008 Yeer Total 2009 Year To Date ActualAccountDescription Category: 3??? 3O1O WATER SYSTEM Revenue 0'1-3010-4010 Water revenues 01-3010-4120 Water Meters 01-3010-4140 Water Connect Chgs Vienna 01 -3010-4150 Water penalties Total Revenue Expense 01-3010-5100 Salaries & Wages 01-301 0-51 1 0 Statutory Benefits 01-3010-5120 Non-Statutory Benefits 01-3010-5170 Supplies 01-3010-5175 Tools and Equipment 01-3010-5180 Lab Fees 01-301 0-5210 Utilities 01-3010-5240 Advertising 01-3010-5250 Association Fees 01-3010-5260 Auditing Fees 0'l-3010-5280 System Maintenance 01-3010-5295 Vehicle Maintenance 01-3010-5300 lnsurance 01-3010-5330 Training & Education 0l-3010-5335 Licences 01-3010-5340 Gonferences & Seminars 01-3010-5360 Telephone 01-3010-5370 Sundry 01 -301 0-5400 Transfers to Reserves 01-3010-5410 Water Quality Management 01-3010-5450 Service Contract - Secondary System 01 -301 0-551 0 Administrative Overhead 01-301 0-5520 Water Supply 01 -301 0-5620 Water adjustments Total Expense Dept Excess Revenue Over (Under) Expenditures 59,586.54 0.00 0.00 960 47 Budget Pct Used Total Budget 12.13 491,384.00 0.00 1,500 00 0.00 5,658.00 14.46 6,642.00 60,547 01 1 1.99 505,184 00 19,724.84 1,853.36 2,59',1.48 605.82 0.00 882.00 454.02 81.18 475 00 0.00 2,945 50 105.86 ô76.00 1,332 62 000 615 00 '168.44 0.00 000 000 000 000 000 4,949 08 27.10 72,779.00 23.16 8,003.00 23 74 10,918.00 15.00 4,040.00 0.00 1,200.00 10.27 8,585.00 23.42 1,939.00 40.19 20200 94.06 505 00 0.00 1,717.00 31.01 9,500 00 8.73 1,212.00 100.00 676 00 102.51 1,300.00 0.00 600 00 '17.57 3,500.00 22.22 758.00 0.00 101.00 0.00 65,000.00 0.00 2,500.00 0 00 213,667.00 0.00 4,848.00 0.00 91,633.00 0.00 0.00 37,460.20 7.42 505,183.00 23,086.81 2,308,681.00 1.00 Page 17 Staff Report F2009-24 regarding Financial Report. File: F0... Page 200 of 403 2008.08.19 6.3 9050 MUNICIPALITY OF BAYHAM General Ledger Annual Department Budget vs. Actual Comparison Report Fiscal Year 2009 - From Period 1 To Period 3 Ending MAR 31,2009 0910412009 1:55PM I ] Account Description 2008 Year Total 2009 Year To Date Actual 3O2O SEWAGE SYSTEM Revenue 01 -3020-40'1 0 Sewer revenues 0'l-3020-4125 lnvestment lncome - Sewer Fund 01-3020-4'130 Septage receiving Charges 0l -3020-41 50 Sewer penalties Total Revenue Expense 01-3020-5100 Salaries & Wages 01-3020-51 l0 Statutory Benefits 01 -3020-5120 Non-Statutory Benefits 01-3020-5130 Clothing Allowance 01-3020-5170 Supplies - Plant 01-3020-5175 Supplies - Collection 01-3020-5180 Lab Fees 01-3020-5190 Chemicals 01-3020-5210 Utilities - Plant 01-3020-5211 Utilities - Collection System 01 -3020-521 5 Property taxes 01 -3020-5240 Advertising 01-3020-5250 Association & Membership Fees 0'l-3020-5260 Auditing Fees 01 -3020-5270 Building/Plant Maintenance 01-3020-5275 Odour Control 01-3020-5280 System Maintenance 01-3020-5285 Equipment Mtce - Plant 01-3020-5290 Grounds Maintenance 01-3020-5295 Vehicle Maintenance 01-3020-5300 Sludge Haulage/Disposal 01-3020-5305 lnsurance 01-3020-5330 Training & Education 01-3020-5335 Licences 01-3020-5340 Conferences & Seminars 01-3020-5350 Travel 01-3020-5360 Telephone 01-3020-5370 Sundry 01-3020-5400 Transfers to Reserves 01 -3020-551 0 Administrative Overhead Total Expense Dept Excess Revenue Over (Under) Expenditures 87,820 34 000 0.00 839 43 16.74 524,698.00 0.00 11,000.00 0.00 9,500.00 17.69 4,746.00 88,659.77 16.12 549,944.00 29,772.79 3,093.06 3,480.37 176 18 597.87 217.88 1,309.00 953.88 17,210 74 5,990 00 000 90 42 0.00 000 204.29 7,758.72 3,146.55 872.47 225.00 105.83 5,754.00 0.00 0.00 75.00 0.00 212.85 705.41 0.00 0.00 0.00 22.02 135,201.00 20.80 14,873.00 17.16 20,281.00 25.17 700.00 27.18 2,200.00 25.63 850.00 16.36 8,000.00 16.45 5,800 00 29.26 58,813.00 23 26 25,750.00 0 00 4,410.00 45.21 200 00 0.00 120.00 0.00 r,750 00 1 .70 12,000.00 31.67 24,500.00 31.47 10,000.00 5.29 16,500.00 10.23 2,200.00 8.82 1,200.00 33 85 17,000.00 0.00 5,664.00 0 00 2,000.00 37.50 200.00 0 00 4,000.00 133 03 160.00 22 04 3,200.00 0 00 100.00 0.00 164,173.00 0.00 8,100.00 81,952.31 14.90 549,945.00 6,707.46 (670,746.00)(1.00) Page 18 Staff Report F2009-24 regarding Financial Report. File: F0... Page 201 of 403 2008.08.19 6.3 9050 MUNICIPALITY OF BAYHAM General Ledger Annual Department Budget vs. Actual Comparison Report Fiscal Year 2009 - From Period 1 To Period 3 Ending MAR 31 ,2009 09/04/2009 1:55PM Account Description 2008 Year Total 2009 Year To Date Actual -_-] Budget Pct Used Total Budget , 3O3O WASTE DISPOSAL Revenue 01-3030-41 10 Grants & Subsidies 01-30304120 Sundry Total Revenue Expense 01-3030-5100 Salaries & Wages 01 -3030-5240 Advertising 01-3030-5450 Service Contrect - Waste Dispo 01-3030-5455 Recycling Service Contract 01-3030-5460 Large ltem/Hazardous Waste Day Total Expense Dept Excess Revenue Over (Under) Expenditures 9,231.33 0.00 38.46 24,000.00 0.00 5,000.00 9,231 33 31.83 29,000.00 0.00 0.00 40,151.55 24,945.3',1 0.00 0.00 3,090.00 0.00 300.00 16 05 250,146.00 16.02 155,695.00 0.00 27,501.00 65,096 86 14 91 436,732 00 (55,865.53)13.70 (407,732 0O) Page '19 Staff Report F2009-24 regarding Financial Report. File: F0... Page 202 of 403 2008.08 19 6.3 9050 MUNICIPALITY OF BAYHAM General Ledger Annual Department Budget vs. Actual Comparison Report Fiscal Year 2009 - From Period 1 To Period 3 Ending MAR 31 ,2009 0910412009 1:55PM 2008 YearTotal 2009 YearTo Date Account Description 3510 HEALTH SERVICES Revenue 01-3510-4110 Grants & Subsidies Total Revenue Expense 01-3510-5100 Salaries & Wages 01-3510-51 10 Statutory Benefits 01-3510-5120 Non-Statutory Benefits 01-3510-5170 Supplies 01-3510-5210 Utilities 01-3510-5270 Building Maintenance 01-3510-5290 Grounds Maintenance 01-3510-5300 lnsurance 01-3510-5370 Sundry 01-3510-5450 Health Needs Total Expense Dept Excess Revenue Over (Under) Expenditures 30,310.53 000000 30,310.53 0.00 0.00 1,677.69 169.57 575.84 64.12 1,575.72 319.35 616.35 1,826.00 71.67 '1,600.00 0.00 0.00 0.00 0.00 38.25 15.97 61.64 100.00 11.95 0.00 0.00 0.00 0.00 0.00 4J20.00 2,000 00 1,000.00 1,826.00 600.00 0.00 8,496.31 89.00 9,546.00 21 ,814.22 (228.52) (9,546 00) Page 20 Staff Report F2009-24 regarding Financial Report. File: F0... Page 203 of 403 2008.08.19 6.3 9050 MUNICIPALITY OF BAYHAM General Ledger Annual Department Budget vs. Actual Comparison Report Fiscal Year 2009 - From Period 1 To Period 3 Ending MAR 31 ,2009 09/04/2009 1:55PM 2008 YearTotal 2009 YearTo Date Account Description Actual Budget Pct Used Total Budget 3520 CEMETERIES Expense 01-3520-5290 Grounds Maintenance 0l-3520-5370 Sundry/lnterest Total Expense Dept Excess Revenue Over (Under) Expenditures Category Excess Revenue Over (Under) Expenditures 0.00 0.00 000 000 14,500.00 2,000.00 0.00 0.00 (16,500.00) (4,257.04)0.98 (433,778.00) 2',1 Staff Report F2009-24 regarding Financial Report. File: F0... Page 204 of 403 2008.08.19 6.3 9050 MUNICIPALITY OF BAYHAM General Ledger Annual Department Budget vs. Actual Comparison Report Fiscal Year 2009 - From Period 1 To Period 3 Ending MAR 31 ,2009 09l04l2ÛOg 1:55PM | 2008 YearTotal 2009 YearTo Date I Account Description Actual Budget Pct Used Total Budget Category: 4??? 401 O GENERAL ASSISTANCE Expense 01 -40 t 0-5590 General Assistance Grants Total Expense Dept Excess Revenue Over (Under) Expenditures 000 000 7,800.00 000 000 (7,800.00) 7,800.00 22 Staff Report F2009-24 regarding Financial Report. File: F0... Page 205 of 403 2008.08.19 6.3 9050 MUNICIPALITY OF BAYHAM General Ledger Annual Department Budget vs. Actual Comparison Report Fiscal Year 2009 - From Period 1 To Period 3 Ending MAR 31,2009 09/04/2009 '1 :55PM Account Description 2008 Year Total 2009 Year To Date Actual I Budget Pct Used Total Budgetl 45IO PARKS & RECREATION Revenue 01-4510-4110 Grants & Subsidies Total Revenue Expense 01-4510-5100 Salaries & Wages 01-4510-51 10 Statutory Benefits 01-4510-5170 Supplies 01-4510-52'10 Utilities 01 -451 0-5240 Advertising 01 451 0-5270 Building Maintenance 01-45'10-5280 Equipment Maintenance 0l-4510-5290 Grounds Maintenance 01-4510-5300 lnsurance 01-4510-5370 Sundry 01-4510-5590 General Assistance 01-4510-5600 Canada Day Total Expense Dept Excess Revenue Over (Under) Expenditures 0.00 000 2 600 00 000 0.00 2,600.00 714.44 0.00 0.00 1,228.30 0.00 0.00 0.00 385.73 9,455.00 0.00 0.00 0.00 3.28 0.00 000 39 75 000 0.00 000 288 100 00 0.00 0.00 0.00 21,795.00 3,992.00 500 00 3,090.00 100.00 1,000.00 500 00 13,390.00 9,455.00 500.00 500.00 1 ,1 00.00 11,783 47 21.07 55,922.00 (11,783 47)22.10 (53,322 00) Page 23 Staff Report F2009-24 regarding Financial Report. 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Page 206 of 403 2008.08 't9 6.3 9050 MUNICIPALITY OF BAYHAM General Ledger Annual Department Budget vs. Actual Comparison Report Fiscal Year 2009 - From Period 1 To Period 3 Ending MAR 31 ,2009 Oglj4l2009 '1 :55PM 2008 Year Total 2009 Year To Date Actual 4520 COMMUNITY CENTRE.STRAFF Revenue 01-4520-4120 Sundry Revenue 014520-4'130 Rentals 01-4520-4',t40 Mix Total Revenue Expense 014520-5100 Salaries & Wages 01 -4520-51 10 Statutory Benefìts 01 -4520-5'17 O Supplies 01 -4520-521 0 Utilities 01 -4520-5240 Advertisin g 01 -4520-5270 Building Maintenance 01 4520-5280 Equipment Maintenance 01 -4520-5290 Grounds Maintenance 01-4520-5300 lnsurance 01-4520-5360 Telephone 01-4520-5370 Sundry 01-4520-5450 Service Contract Total Expense Dept Excess Revenue Over (Under) Expenditures 62.33 2,425.00 0.00 Budget Pct Used Total Budget 0.00 0.00 19.40 12,500.00 0.00 4,500.00 2,487.33 1463 17,000 00 2,512.86 150.54 544.29 7,009.42 64.00 142.43 195.49 1,420.50 4,436.00 158.42 68.60 1,904 50 23.07 17.61 't0.89 32.41 0.00 4.32 6.52 25.83 r 00.00 79.21 7.62 13.70 r 0,890.00 855.00 5,000.00 21,630.00 0.00 3,300.00 3,000.00 5,500.00 4,436.00 200 00 900.00 13,905.00 18,607.05 2673 69,616 00 (16,119 72)30 64 (52,616.00) Page 24 Staff Report F2009-24 regarding Financial Report. 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Page 207 of 403 2008 08.19 6.3 9050 MUNICIPALITY OF BAYHAM General Ledger Annual Department Budget vs. Actual Comparison Report Fiscal Year 2009 - From Period 1 To Period 3 Ending MAR 31,2009 09/04/2009 1:55PM 2008 Year Total 2009 Year To Date Account Description Actual Budget Pct Used Total Budget 4530 COMMUNITY CENTRE-VIENNA Revenue 01-4530-4130 Rentals Total Revenue Expense 0'14530-51 00 Management Contract 01-4530-5170 Supplies 014530-5210 Utilities 01 -4530-5240 Advertising 01-4530-5270 Building Maintenance 01-4530-5280 Equipment Maintenance 01-4530-5290 Grounds Maintenance 01-4530-5300 lnsurance 014530-5360 Telephone 01-4530-5370 Sundry 01-4530-5450 Service Contract Total Expense Dept Excess Revenue Over (Under) Expenditures 2,3s5.00 22.43 10,500.00 2,355.00 22.43 10,s00.00 12,092.71 23.36 51,774.00 (9,737.71)23.59 (41,274.00) 2,345.8'l 123.47 2,088.91 64.00 16.18 546.50 't,082.70 4,436.00 122.04 12.60 'l ,254.50 24.69 6.',17 15.60 0.00 0.35 18.22 30.93 100.00 12.71 2.52 12.69 9,500.00 2,000.00 13,390.00 0.00 4,600 00 3,000.00 3,500.00 4,436.00 960.00 500.00 9,888.00 Page 25 Staff Report F2009-24 regarding Financial Report. File: F0... Page 208 of 403 MUNICIPALITY OF BAYHAM General Ledger Annual Department Budget vs. Actual Comparison Report Fiscal Year 2009 - From Period 1 To Period 3 Ending MAR 31,2009 09/04/2009 'l:55PM Account Description 2008 YearTotal 2009 YearTo Date Actual Budget Pct Used Total Budget 4535 EDEN COMMUNITY CENTRE Revenue 01-4535-4130 Rentals Total Revenue 0.00 0.00 7,695.00 0.00 7,695.00000 Expense 01 -4535-51 80 Equipment Maintenance 01-4535.52'l 0 Utilities 01 {535-5270 Building Maintenance 01 -4535-5290 Grounds Maintenance 01-4535-5300 lnsurence Total Expense Dept Excess Revenue Over (Under) Expenditures 3,828.75 23.60 16,225.00 44 89 (8,530.00) Page ¿ó Staff Report F2009-24 regarding Financial Report. File: F0... Page 209 of 403 2008.08.19 6.3 9050 MUNICIPALIW OF BAYHAM General Ledger Annual Department Budget vs. Actual Comparison Report Fiscal Year 2009 - From Period 1 To Period 3 Ending MAR 31 ,2009 Oglj4l2009 1:55PM Account Description 4540 LIBRARIES Revenue 01-45404130 Lease Revenues Total Revenue Expense 01 -4540-5210 Utilities 01 -4540-5270 Building Maintenance 01*4540-5290 Grounds Maintenance 01-4540-5300 lnsurance Total Expense Dept Excess Revenue Over (Under) Expenditures 2008 Year Total 2009 Year To Date Actual 16,505.88 Budget Pct Used Total Budget 25.86 63,816.00 16,505.88 25.86 63,816.00 3,406.80 1 ,1 85.56 I ,1 94.99 2,154 00 30 07 11,330.00 15.30 7,750.00 47.80 2,500.00 100.00 2,154 00 7,941.35 33.46 23,734.00 8,564.53 21.37 40,082.00 Page 27 Staff Report F2009-24 regarding Financial Report. File: F0... Page 210 of 403 2008.08.19 6.3 9050 MUNICIPALITY OF BAYHAM General Ledger Annual Department Budget vs. Actual Comparison Report Fiscal Year 2009 - From Period 1 To Period 3 Ending MAR 31 ,2009 0910412009 1:55PM I Account j Description 2008 Year Total 2009 Year To Date Actual Budget Pct Used Total erOS"t I 4550 MUSEUMS BAYHAM Revenue 01-4550-4110 Grants & Subsidies 01'4550-4120 Sundry 01-4550-4130 Admissions 01 -4550-4170 Children's Programs 0l -4550-41 80 Fundraising 0l-4550-4185 Donations 01-4550-4190 Contributions from Reserves Total Revenue Expense 0'1-4550-5100 Salaries & Wages 01-4550-51 10 Statutory Benefits 014550-5170 Supplies 01-4550-5180 Fundraising expense 01-4550-51 90 Children's Programs 01-4550-5210 Utilities 01 -4550-5240 Advertising 01-4550-5245 Marketing 01-4550-5250 Memberships (EON) 01-4550-5270 Building Maintenance 01-4550-5280 Equipment Maintenance 01-4550-5290 Grounds Maintenance 0l-4550-5300 lnsurance 0l-4550-5340 Conferences & Seminars 01-4550-5350 Travel 01-4550-5360 Telephone 014550-5370 Sundry 01 -4550-5400 Transfer to Reserves 01-4550-5450 Contracted Services 01 -4550-5600 Special Project 01-4550-5610 Special Events Total Expense Dept Excess Revenue Over (Under) Expenditures Category Excess Revenue Over (Under) Expenditures 000 266 66 0.00 000 0.00 0.00 0.00 0.00 66.67 0.00 0.00 0.00 0.00 0.00 7,560.00 400.00 8,000.00 500.00 7,550.00 1,500.00 500.00 266 66 1 .03 26,010 00 0.00 0.00 0.00 0.00 0.00 3,352 34 29 76 0.00 135 00 1,425.07 33.52 867.33 2,596.00 0.00 0.00 514.57 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 26.04 0.99 0.00 24.55 24.57 2.23 24.78 100.00 0.00 0.00 34.30 000 000 000 0.00 0.00 38,080.00 3,893.00 2,000.00 3,975.00 500.00 12,875.00 3,000 00 2,500 00 550 00 5,800.00 1,500 00 3,500.00 2,596.00 400.00 400.00 1,500.00 1,000.00 5,075.00 3,000.00 500.00 500.00 8,953.59 9.61 93,144.00 (8,686.93)12.94 (67,134 00) (41,592.05)21.82 (190,594.00) Page 28 Staff Report F2009-24 regarding Financial Report. 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Page 211 of 403 2008.08.19 6.3 9050 09/04/2009 1:55PM 2008 YearTotal 2009 YearTo Date Account Description Actual Budget Pct Used Total Budget Category: 5??? 5O1O PLANNING & DEVELOPMENT MUNICIPALITY OF BAYHAM General Ledger Annual Department Budget vs. Actual Comparison Report Fiscal Year 2009 - From Period 1 To Period 3 Ending MAR 31,2009 Revenue 01-5010-4120 Sundry Revenue 01-5010-4130 Zoning Certificates 01-5010-4140 Zoning Charges 01-5010-4150 OPA Fees 01-5010-4160 Minor Variance Fees 01-5010-4170 Site Plan Fees 01-501 0-4180 Plan of Subdivision Fees 01-501 0-4'190 Development Agreement Fees Total Revenue Expense 01 -5010-51 00 Salaries & Wages 01 -5010-51 10 Statutory Benefìts 01-5010-5120 Non-Statutory Benefits 01-5010-5170 Supplies 01-5010-5240 Advertising 0l-5010-5250 Association & Membership Fees 0l-5010-5310 Legal Fees 01-5010-5320 Postage & Courier 01-5010-5340 Conferences & Seminars 01-5010-5350 Travel 01-5010-5370 Sundry 01-5010-5450 Consulting Fees Total Expense Dept Excess Revenue Over (Under) Expenditures 86.00 210.00 6,000 00 000 (1,000.00) 000 1,000.00 000 0.00 10.50 50 00 0.00 (33.33) 0.00 50.00 0.00 0.00 2,000.00 12,000.00 2,000 00 3,000 00 4,000.00 2,000 00 500.00 6,296.00 24.69 25,500.00 12,431.25 1,248.02 2,227.80 0.00 694.44 320.00 142 00 192.69 000 0.00 000 3,1 1 6.00 23.35 21.31 27.90 0.00 15.43 96 97 4.73 96.35 0.00 0.00 0.00 13.55 53,235.00 5,856.00 7,985.00 400.00 4,500.00 330.00 3,000.00 200.00 500.00 200.00 200 00 23,000.00 20,372.20 20.49 99,406.00 (14,076.20)19.05 (73,906.00) Page 29 Staff Report F2009-24 regarding Financial Report. File: F0... Page 212 of 403 2008.08.19 6.3 9050 MUNICIPALITY OF BAYHAM General Ledger Annual Department Budget vs. Actual Comparison Report Fiscal Year 2009 - From Period I To Period 3 Ending MAR 31 ,2009 09/04/2009 1:55PM Account Description 2008 Year Total 2009 Year To Date Actual Budget Pct Used Total Budget 5012 BUSINESS & COMMERCE Revenue 01-50124170 Lease Revenues Total Revenue Expense 0'l -501 2-521 O Utilities Al5O12-5240 Advertising 01 -5012-5270 Beautification Total Expense Dept Excess Revenue Over (Under) Expenditures (42.00)(4.08)1,030.00 (42.00)1,030.00 26.95 3,200.00 (904.55)41 .68 (2,170.00) (4 08) 0.00 206.92 655.63 862,55 Page Staff Report F2009-24 regarding Financial Report. File: F0... Page 213 of 403 2008.08.19 6.3 90s0 MUNICIPALITY OF BAYHAM General Ledger Annual Department Budget vs. Actual Comparison Report Fiscal Year 2009 - From Period I To Period 3 Ending MAR 3l ,2009 09/04/2009 1:55PM 2008 Year Total 2009 YearTo Date Account Description 5015 TOURISM & MARKETING Revenue 01-5015-4'1 10 Grants & Subsidies 01-5015-4'170 Lease Revenues Total Revenue Expense 01-50'15-5100 Salaries & Wages 01-5015-5210 Utilities 01-5015-5215 lnterpretive Centre Operations 01-5015-5230 Brochures 01-50'l 5-5240 Advertising 01-5015-5245 Promotional ltems 01-5015-5250 Associations & Memberships 01-5015-5260 Festivals 01 -501 5-5270 Beautification 01-5015-5290 Beach Maintenance 01-5015-5340 Conferences & Seminars 01-5015-5370 Sundry 01-5015-5600 Special Projects Total Expense Dept Excess Revenue Over (Under) Expenditures 2,500.00 0.00 71.43 0.00 3,500.00 3,000.00 2,500.00 38 46 6,500.00 30.65 440.74 0.00 0.00 475.00 0.00 100.00 0.00 0.00 0.00 000 0.00 0.00 0.35 6.48 0.00 000 5.94 0.00 22.22 0.00 0.00 0.00 0.00 0.00 0.00 8,755.00 6,800.00 3,950.00 3,000.00 8,000.00 500.00 450.00 4,000.00 600.00 8,000.00 250.00 250 00 2,500 00 1,046.39 2.22 47,055.00 1,453.61 (3.58) (40,555.00) Page 31 Staff Report F2009-24 regarding Financial Report. 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Page 214 of 403 2008.08.19 6.3 9050 MUNICIPALITY OF BAYHAM General Ledger Annual Department Budget vs. Actual Comparison Report Fiscal Year 2009 - From Period 1 To Period 3 Ending MAR 31,2009 09/04/2009 1:55PM 2008 Year Total 2009 Year To Date ActualDescription 5O2O ENVIRONMENTAL SERVICES Revenue 01-5020-41 10 Grants & Subsidies 01-5020-4140 Tile Drain Charges Total Revenue Expense 01-5020-5100 Salaries & Wages 01-5020-51 02 Richmond Water - Wages 0l -5020-51 10 Statutory Benefits 01 -5020-51 20 Non-Statutory Benefits 01 -5020-51 70 Supplies/Stock O1-5020-5260 Professional Services iCererrCr,qr,l 01 -5020-5270 Water Sampling 01-5020-5380 Tile Drain Debt Charges Total Expense Dept Excess Revenue Over (Under) Expenditures 2,047.50 0.00 Budget Pct Used Total Budget 40.95 5,000.00 0.00 5,604.00 2,047.50 19 31 10,604.00 4,262.22 680.80 428.15 605.67 0.00 2,315.00 489 00 0.00 30.1 0 0.00 27.50 28.52 0.00 231.50 16.30 0.00 14,1 61 .00 0.00 1,557.00 2,124.00 750.00 1,000.00 3,000.00 5,604.00 8,780.84 31 14 28,196.00 (6,733.34)38.28 (17,592.00) Page 32 Staff Report F2009-24 regarding Financial Report. 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Page 215 of 403 2008.08'19 6.3 9050 MUNICIPALITY OF BAYHAM General Ledger Annual Department Budget vs. Actual Comparison Report Fiscal Year 2009 - From Period 1 To Period 3 Ending MAR 31,2009 09/04/2009 1:55PM Account Description 2008 Year Total 2009 Year To Date Actual Budget Pct Used Total Budget 5510 CAPITAL Revenue 01-5510-41 10 Grants & Subsidies 0l-5510-4160 Debt lssue 01-5510-41 70 Prior Year Carryforward 01-5510-4175 Future Year Revenues 01-5510-4190 Transfer from Reserves Total Revenue Expense 01-5510-5100 GG - Computers 01-5510-51 10 GG-Other 01-5510-5'1 1 5 G.G. - Studies (asset mgmt) 01-5510-5200 Fire - Vehicle 01-5510-5205 Fire - Building 01-5510-5220 Fire - Communication 01-5510-5300 Roads - Equipment 01-5510-5305 Roads - Buildings 01-5510-5310 Roads - Sidewalks Wages 01 -5510-531 5 Roads - Sidewalks Materials 01-5510-5320 Roads - Vehicle Wages 01-5510-5330 Roads - Street Lights Wages 01-5510-5340 Roads - Project 1 Wages 01-5510-5341 Roads - Project 1 Materials 01-5510-5342 Roads - Project 2 Wages 01-5510-5343 Roads - Project 2 Materials 01-5510-5344 Roads - Project 3 Wages 01-55'1 0-5345 Roads - Project 3 Materials 01-5510-5346 Roads - Project 4 Wages 0l-5510-5347 Roads - Project 4 Materials 01-5510-5348 Roads - Project 5 Wages 0 l-551 0-5349 Roads - Project 5 Materials 01-5510-5352 Roads - Project 6 Wages 01-551 0-5353 Roads - Project 6 Materials 01 -55 10-5354 Roads - Project 7 Wages 01-5510-5355 Roads -Project 7 Materials 01-5510-5356 Roads -Project 8 Wages 01-5510-5357 Roads -Project 8 Materials 01 -5510-5358 Roads -Project 9 Wages 0l-5510-5359 Roads -Project 9 Materials 01-5510-5360 Roads - Project 10 Wages 01-5510-5361 Roads - Project 10 Materials 0l -551 0-5375 Roads - Project 16 Wages 01 -5510-5376 Roads - Project '16 Materials 01-5510-5382 Roads - Project 18 Wages 01-5510-5383 Roads - Project 18 Materials 01-5510-5386 Roads - Project 19 Wages 0l -551 0-5387 Roads - Project 1 9 Materials 01-5510-5391 Roads - Project 21 Materials 01-5510-5400 Water - Distribution 000 000 0.00 000 (1,430 00) 0 00 1,450,547.00 0 00 720,948.00 0 00 615,188.00 0 00 83,675.00 (0.10) 1,376,830.00 (1,430.00)(0.03) 4,247,188.00 000 0.00 3,970.50 110,000.00 0.00 0.00 70.50 0.00 000 000 000 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 000 0.00 000 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 31,043.49 0.00 0.00 0.00 0.00 0 00 12,000.00 0 00 5,000.00 45 90 8,650.00 3327 330,675.00 0.00 25,000.00 0.00 1 1,000.00 0 06 114,333.00 0.00 205,000.00 0 00 2,500.00 0 00 17,500.00 0 00 30,000.00 0.00 20,000.00 0 00 15,000 00 0.00 15,000.00 0.00 10,000.00 0.00 20,000.00 0.00 15,000.00 0.00 45,000.00 0.00 10,000.00 0.00 20,000.00 0.00 10,000.00 0.00 15,000.00 0.00 10,000 00 0.00 20,000.00 0.00 3,000.00 0.00 29,000.00 0.00 10,000.00 0.00 20,000 00 0.00 20,000 00 0.00 70,000.00 0.00 5,000.00 0.00 45,000.00 0.00 15,000.00 0.00 15,000.00 0.00 2,000.00 388.04 8,000.00 0.00 10,000.00 0.00 40,000.00 0.00 15,000.00 0.00 54,133 00 33Page Staff Report F2009-24 regarding Financial Report. File: F0... Page 216 of 403 2008.08 19 6.3 9050 MUNICIPALITY OF BAYHAM General Ledger Annual Department Budget vs. Actual Comparison Report Fiscal Year 2009 - From Period 1 To Period 3 Ending MAR 31 ,2009 09/04/2009 1:55PM Account Description 2008 Yeer Totel 2009 Year To Date Actual Budget Pct Used Total Budget 01 -551 0-5406 01 -551 0-5500 01 -551 0-5506 01 -551 0-551 0 01 -551 0-551 5 01 -551 0-5600 01 -551 0-5700 01 -551 0-5800 01 -551 0-581 0 0l -551 0-591 0 01 -551 0-6005 01 -551 0-6050 01 -551 0-61 00 01 -551 0-6200 01 -551 0-621 0 0l -551 0-6220 01 -551 0-6250 Major Water lnfrastructure - materials Sewer - Collection Major Sewer lnfrastructure - materials Sewer - Plant Sewer - Septage Receiving Health - Facility Parks - Facilities ComCtr - Straffordville ComCtr - Vienna Library - Vienna Edison Museum - cultural plan Cemeteries Conservation Planning & Development Business & Commerce Tourism & Marketing Drainage 0.00 0.00 0.00 0.00 2,575.85 0.00 0.00 0.00 0.00 0.00 000 0.00 7,886 00 0.00 1,841.00 000 000 0.00 2,162,845.00 0.00 48,333.00 0.00 32,000 00 0.00 54,900 00 0.53 490,372 00 0.00 10,000.00 0.00 40,000.00 0.00 7,500.00 0 00 7,500.00 0.00 30,000.00 0.00 2,462.00 0.00 6,093.00 100.00 7,886.00 0.00 15,000.00 10.28 17,900.00 0.00 15,092.00 0 00 19,300.00 Total Expense Dept Excess Revenue Over (Under) Expenditures 157,387.34 3.65 4,314,974.00 (1 58,817.34)23429 (67,786 00) Page 34 Staff Report F2009-24 regarding Financial Report. File: F0... Page 217 of 403 2008.08.19 6.3 9050 MUNICIPALITY OF BAYHAM General Ledger Annual Department Budget vs. Actual Comparison Report Fiscal Year 2009 - From Period 1 To Period 3 Ending MAR 31,2009 OglO4l20Og 1:55PM Account 2008 Year Total Description Budget Pct Used Total Budget 5520 CASH REQUIREMENTS Revenue 01 -5520-41 10 Grants & Subsidies 01-5520-4130 Sewer Loan Recovery 01-5520-4'155 Lease Revenues O'l-5520-4170 Machine Usage 01-55204185 Donations 01 -5520-41 90 Transfer from Reserves Total Revenue Expense 01-5520-5100 GG 01-5520-5200 Fire 01-5520-5240 Building 01-5520-5250 By-Law 01-5520-5300 Roads 01-5520-5400 Water 01-5520-5500 Sewer 01-5520-5700 Parks 01-5520-5800 Community Centres 0l-5520-5900 Libraries 01-5520-6000 Museums 01-5520-6200 Business & Commerce Total Expense Dept Excess Revenue Over (Under) Expenditures Category Excess Revenue Over (Under) Expenditures 000 000 000 57,816 85 18,050 00 0.00 0 00 103,572 00 0.00 206,397.00 0.00 9,384.00 68.02 85,000.00 0.00 0.00 0.00 26,547.00 75,866.85 17.61 430,900 00 000 0.00 0.00 000 0.00 0.00 0.00 000 000 000 000 0.00 0.00 15,000 00 0.00 165,500 00 0.00 3,000.00 0 00 3,000 00 0.00 568,572 00 0 00 13,001 .00 0 00 219,943 00 0 00 29,384 00 0.00 15,000 00 0.00 25,000 00 0.00 5,000.00 0 00 41 ,100.00 000 0.00 1,103,500.00 75,866.85 (11.28) (672,600 00) (103,210.97)11.80 (874,609.00) Page 35 Staff Report F2009-24 regarding Financial Report. File: F0... Page 218 of 403 CORPORATION OF THE MUNICIPALITY OF BAYTIAM STAFF REPORT TO: Mayor & Members of Council DATE: March 30,2009 FROM: Suzanna Dieleman Mantel, Treasurer FILE: F05.09 SUBJECT: Budget 2009 NUMBERzF2009-20 Purpose: Now that the 2009 budget has been completed, there are a few items that require council direction so that staffcan proceed. Discussion: Policing The 2008 policing reconciliation has been provided and the municipality will be receiving a rebate of $45,541. The 2009 budget provided for a $50,000 draw from the policing reserve. It is recommended that the rebate be applied to reduce our 2009 expenditures rather than drawing from the reserve to offset costs. Playground The playground equipment located at Eden Community Centre, Straffordville Community Centre, Vienna Memorial Park and Port Burwell Ball Park was inspected March 25by Genesis Rehabilitation. A summary report has been attached for your information. As indicated in the report, substantial work is required to rehabilitate the equipment. A rough estimate of staff time to perform all the necessary work is valued at approximately $10,000 plus materials. Rehabilitation by municipal staff is not recommended. This volume of work would require all road staff for a full two-week period to the detriment of regular road duties. A contractor could be solicited to complete the work at a cost at least equal to the cost if performed by municipal staff. The most immediate safety concerns noted in the report have been addressed by staff. Staff recommend council select a location for replacement of playground equipment for the current fiscal year. Some rehabilitation for the other playgrounds must be made despite council's long-term replacement plans. It is suggested estimates be determined to address the most significant items identified in the inspection for further report. Alternatively, funding in the current budget for replacement equipment may be utilized for the rehabilitation of current equipment. Staff Report F2009-20 regarding Budget 2009. File: F05.09 Page 219 of 403 -2- Festivals $4,000 is available in the 2009 budget for distribution to our local festivals: Edisonfest, Canada Day, Tub Daze, Watermelonfest, and Eden BBQ/Garden Party. Staff received confirmation some time ago that there will not be a Bluesfest in 2009. Council direction for allocation entitlements is required. Laptops for councilors The budget provides for the purchase of laptops for each councilor to facilitate the use of the electronic agenda. The agenda is available for viewing andlor download from the municipality's website. A high-speed connection is necessary for retrieval from the internet. Alternatively, the agenda may be downloaded by staff onto a memory key for councilors to retrieve from the offrce and save to their laptops. Staff are investigating the possibility of wireless/cellular service for each laptop. That will enable councilors, current and future, to access the agendas, etc. from wherever they may be located. Any councilor who would prefer a different means of connection (ie. broadband) may do so and any incremental cost above the cost of the cellular service would be their personal responsibility. At the same time, staff will also be migrating to an electronic agenda and laptops will be provided for the Administrator and Clerk for use at council meetings. GIS capital requirements Currently, Bayham holds a single license for using the GIS software. Additional licenses to add the software to multiple computers are quite expensive. It would be beneficial for many staff members as well as council to be able to view the data for operational and decision-making purposes. Following discussions with Malahide and Aylmer (with whom we are partnering already for GIS technician services), we have determined an appropriate solution. Malahide is willing to purchase the necessary hardware and software to manage the GIS data. This data, once set up, will be available for viewing via the internet to any member of the public including staff and council. Manipulation of or changes to the data must still be done at the local level. Information will be uploaded periodically to ensure that the data available for viewing is up-to-date. In addition, this arrangement will provide an offsite back up of the municipality's GIS data. It is anticipated that costs will be shared equally between the three municipalities and will require acapital outlay of approximately $14,550 each. Staff recommend that this cost be funded from the 2008 surplus as it will be a one-time expenditure. Staff Report F2009-20 regarding Budget 2009. File: F05.09 Page 220 of 403 -3- 2008 surplus The 2008 audited surplus at this time is $136,604. $30,000 of this surplus has been allocated to the 2009 budget. Staff recommend the following for the utilization of the remainder of the surplus: Bad debt allowance for uncollectible account 535,542. GIS hardware/software $ 14,550 Capital rate stabilization reserve $56,512 Unexpended grants Roads & Bridges - this grant (approximately 5240,740) may be applied to any capital road or bridge project. A recent review of the municipality's bridges highlighted the poor condition of the Clarke Road Bridge. The bridge sufficiency index has been determined to be a 5 (anything below 60 is eligible for funding). Spriet Associates recommend replacing this bridge at an estimated cost of $550,000. Staff are currently investigating alternate technologies for council's consideration. V/ith a new round of infrastructure grant applications being available in the near future, staff recommend that council retain this reserve to fund the municipality's one-third share of the costs to repair/replace this bridge. Infrastructure - this grant was received from the province out of its' 2008 surplus and may be used for any capital project that council considers a priority. Approximately $360,870 remains. Of this, council has indicated its willingness to allocate one-third to the water infrastructure renewal project or $120,000. Another bridge identified as requiring substantial repairs is Carson Road Bridge. Staff recommend that Carson Road Bridge be repaired as recommended by Spriet Associates, following their bi-annual bridge inspections. These repairs are estimated at $200,000. Strategic Plan Goal: Goal #1 - Practice responsible financial management. GoaI #2 - Ensure reliable, well-maintained and secure infrastructure. Staff Report F2009-20 regarding Budget 2009. File: F05.09 Page 221 of 403 -4- Recommendation: THAT the policing credit for 2008 be applied to 2009 expenditures and that the budgeted transfer from the policing reserve not be withdrawn. be the designated location to receive playgroundTHAT renewal funding as available in the 2009 capital budget; AND THAT estimates be obtained to carry out repairs identified in the Genesis Rehabilitation report for further consideration. THAT $be allocated to each of the following festivals: Edisonfest, Canada Day, Tub Daze, Watermelonfest, and Eden BBQ/Garden Party. THAT 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 Lo 2009 operating budget 535,542 to bad debt allowance for uncollectible account $14,550 to purchase GIS hardware and software with Malahide and Aylmer $ 5 6, 5 12 to capital rate stabil ization reserve. THAT Clarke Road Bridge be identified as council's highest priority for the next Build Canada Fund application process; AND THAT the Roads & Bridges grant be utilized to fund the municipality's share of the project costs. THAT the repairs to the Carson Road Bridge as recommended by Spriet Associates be completed; AND THAT the project be funded with the infrastructure grant. Respectfully submitted,Reviewed by, Suzanna Dieleman Mantel, Treasurer Staff Report F2009-20 regarding Budget 2009. File: F05.09 Page 222 of 403 r¿ ilfri-y'' t^r*"n't'uÍ'" , ryle;vrcl ln fa,tnr.lJ MEMO TO: Elgin Group- Municipalities FROM: Jim Bundschuh, Director of Financial Services DATE: March 25, 2009 SUBJECT: Actual2008 Policing Costs and the 2009 PSB Draft Budget Attached are the actual policing costs for 2008 in the amount of $4,854,695. This is $349,405 better than budget. The credit, which will be applied to your next billing, will be allocated to the municipalities as follows: Municipality % Share Amount Billed Actual Cost Rebate Bayham GentralElgin Dutton/Dunwich Malahide Southwold West Elgin Total 13.03o/o 678,302 36.75% 1,912,715 8.71o/o 453,433 13.93% 724,775 11.82% 615,333 15.75o/o 815,542 100% 5,204,100 632,761 1,784,295 422,990 ô76,1 1 3 574,019 764,517 4,854,695 45,541 128,424 30,444 48,662 41,314 55,024 349,405 Please be aware that the previously sent memo dated December 13h, 2008 on estimated 2009 policing costs did not include the now approved 2.34o/o salary increase equating to approximately $142,000 in 2009. This rate change will be reflected in ihe 2009 Actual Policing Cost reconciliation in March 2010. Also attached is the d'aft budget for the Police Services Board. Please do not hesitate to contact this offíce or lnspector Ryan Cox at 519-631-2920 tÍ you require any additional information. Thank you, -J'-e,*l,/¿i^ Bundschuh Staff Report F2009-20 regarding Budget 2009. File: F05.09 Page 223 of 403 April 08, 2009 9eneîto Municipality of Bayham c/o Suzanna Dieleman Mantel - Treasurer P.O. Box 160 Straffordville, ON NOJ IYO Fax.: (519) 866-3884 PLAYGROUND EOUIPMENT SAFETY ASSESSMENTS These assessments were completed in order to properly evaluate the safety of the playgrounds and all their respective equipment. These evaluations address the most important factors of playground equipment, which include: surface, design, spacing, equipment, and maintenance. The perspective taken by this evaluator addresses how the playground and its equipment may lead to the most common types of injuries to children, which include: sharp or rough edges, projections, shear, pinch or crush points, suspended or protruding hazards, head or neck entrapments, abrasions, and falls. All identified hazards and proposed recommendations are based on the Canadian Standards Association's "A Guideline on Children's Playspaces and Equipment. A National Standard of Canada." (CanlCSn-2614-M90). EDEN COMMUNITY CENTRE Identifred Hazards: . Hard and compacted grass surfaces only 5' from slide and at the ground insertion points ofparallel bars. ¡ Tire ladder mounting bracket is protruding 0.5" from surface. o Rusted frame around slide and yellow metal climber. o 5.5" opening between wooden platform and angular crossway. ¡ Lack of guardrail on angular crossway. ¡ Flecking paint around bolts on yellow slide. o 5.75" between bottom rung of steel "U" climber and gravel surface. ¡ Broken swing chain with hanging chain and seat. Genesis Rehobililotion l9 Chont St., St. Thomos, ON, NsR 4Yó, Phone (519)ó37-098.l. Fox (519)637-6997 Staff Report F2009-20 regarding Budget 2009. File: F05.09 Page 224 of 403 April08, 2009 . Coiled swing chain wrapped around top support beam. o Figure 8 swing hangers. ¡ Vegetation at surface level behind swing less than 6' distance. Recommendations: o Removal of all playground equipment on site. o Immediate removul of slrøngulation hazard - hanging broken swing chain and coiled swing chøin wrapped around top support beam- S TRA F F ORD WLLE C OMMUNITY CE NTRE Identified lfazards: . Hard and compacted soil around all climbers. . Only 4'9" between teeter totters and chain link fence. o Lack of alignment with teeter totters and shock absorbing ground mounted tires. ¡ Protrusion of bolt (3 threads) on West end of climber. . Figure 8 hangers on swings.. More than 1 tot swing per bay. . Swing in Southern most bay is only 4'3" from chain link fence. o No signage reflecting age-appropriate playground use. Recommendations: . Move teeter totters so that they are at least 6' or 72" from all stationary objects (i.e., other playground equipment and fence). . Align teeter totters with shock absorbing tires. o Ensure that at least 6"- 8" (based on 5'6.5" height of climber to ground level) of impact absorbing material is placed over the entire playground surfaces, which includes the swings, teeter totters, spring coiled rockers, and climber/slides. Types of material could include: wood chips, mulch, sand, pea gravel, or shredded rubber. . Only 1 tot swing per bay. . Only 2 children's swings per bay. ¡ Removal of any swings that are less than 6' from the fence when at 90 degree arc (i.e., Swing in Southern most bay). . Grinding down protruding bolt to less or equal to 2 threads maximum. ¡ Change all frgure 8 swing hangers to circular "O" hangers. o Mount sign on larger playground structure reflecting that children ages 2-12 should only utilize this equipment. o Note: should costs of rehabilitation be too prohibitive, closure and removal of all equipment may be necessary. Genesis Rehobilílotion '19 Chonl St., St. Thomos, ON, NsR 4Yó, Phone (519)6374981, Fox (519)637-6997 Staff Report F2009-20 regarding Budget 2009. File: F05.09 Page 225 of 403 April08, 2009 Diaqram of spacing required for teeter totters None rc roæhmen( (6 1ì VIENNA PARK Identified Hazards: o Less than 0.5" of wood chips coupled with compacted soil beneath teeter totters. . Only 4.5" between top of teeter totter handle and deck of totter. o 0.5" hole in slide with rough/abrasive edges.¡ Compact and grassy soil around and beneath structure of playground climber with no impact absorption properties. . Sharp pointed screw and bolts greater than2 threads beneath wooden playground structure. o Nails protruding 2.5" on West side of wooden playground structure. . Metal fireman pole improperly mounted to ground, with loose and protruding anchor. ¡ Paint chipping coupled with jagged edges on red metal climbers. ¡ Large wood debris coupled with no impact absorption material on ground around and beneath red metal climbers. . Rotting wooden perimeter only 3'3" from red metal climbers with sharp edges and exposed/protruding steel spikes . Compacted sand beneath swings and compact soil3.5' from 90 degree arc of swings with no other impact absorbing materials. ¡ More than 1 tot swing per bay.o More than2 children's swings per bay. o No signage reflecting age-appropriate playground use. Recommendations: ¡ The teeter totters should have at least 4"- 6" (based on3'4" height ofteeter totter in relation to ground level) of impact absorbing material covering the surface beneath the teeter totters and extending at least 6' past the equipment.o Teeter totters handles should have a space less than 3.5" or greater than 9" from the deck of the totter, which requires removal of current metal handle. . Entire wooden playground structure, including slide should be removed. Genesis Rehobilitotíon l9 Chont St.. St. Thomos, ON, NsR 4Yó, Phone (519)ó374981. Fox (519)ó37-6997 Staff Report F2009-20 regarding Budget 2009. File: F05.09 Page 226 of 403 April08, 2009 . All metal climbers would have to be sanded or sand blasted to remove all existing paint and then be repainted with outdoor non-lead paint. ¡ Entire perimeter around red metal climbers would need to be removed and replaced so that the perimeter is at least 6' or 72" from all climbers on all sides. o At least 6"- 8" of impact absorbing material should be placed over the entire ground surface beneath and 6' around the red metal climbers. ¡ Entire perimeter around swings must extend 6' beyond 90 degree arc and covered in impact absorbing material. o At least 4"-6" of impact absorbing materials should be placed over the entire ground surface beneath the swings and up to 6' beyond a 90 degree arc of the swings. Types of material could include: wood chips, mulch, sand, pea gravel, or shredded rubber. . Only 1 tot swing per bay. . Only 2 children's swings per bay. o Mount sign on red metal climbers reflecting that children ages 5-12 should only utilize this equipment. o Note: should costs of rehabilitation be too prohibitive, closure and removal of all equipment may be necessary. Genesis Rehobililotion l 9 Chonl St.. St. Thomos, ON, NsR 4Yó, Phone (519)6374981 . Fox (519)637-6997 Staff Report F2009-20 regarding Budget 2009. File: F05.09 Page 227 of 403 Proteêtjvê surfaçe 17" lnl 172 tn, l8o(} mm {?? rûl (72 lnl (72 ln) 18OO mm f72 lft) Non€ncrþæhm€nl ¿one Prttedlvc surfæe April08, 2009 18{X} mm (?? in) 18OO mm 172 {n} Mot/lng egulproenl Movlng eqdprncnl Genesis Rehobilitotion l9 Chont St., St. Thomos, ON, NsR 4Yó. Phone (519)ó37{98ì . Fox (519)637-6997 Staff Report F2009-20 regarding Budget 2009. File: F05.09 Page 228 of 403 April08, 2009 PORT BURWELL BALL PARK Identified Hazards: . Only soil with flecks of wood chips throughout entire playground area, with no impact absorption friendly ground cover. o Loose wooden beams located less than 5' I 0" of slide. o Threads on all bolts connecting chain ladder are 3-4 threads in length. . All slides empty onto compacted soil. . Rough irregular fireman pole surface due to rust blisters. o Peeling paint on playground structure X's & O's metal framing, as well as on slide hand rails. . Paint chipping on toddler playground climber with no impact absorbing material beneath or around climber. r No signage reflecting age-appropriate playground use. Recommendations: o The entire playground should have at least 8"-12" (based on 6'5" height of climber in relation to ground level) of impact absorbing material covering the surface beneath all equipment and extending out at least 6' past the equipment. o Loose wooden beams must be removed and disposed of. ¡ All threads on bolts connecting chain ladder must be cut or ground down to no more than 2 exposed threads. . Fireman pole, metal framing around X's & O's, metal slide hand rails, and all metal surfaces on toddler playground climber must be sanded or sand blasted to remove all existing paint and then be repainted with outdoor non-lead paint. o Mount sign on toddler equipment reflecting that children ages 2-5 (preschoolers) should only utilize this equipment. o Mount sign on larger playground structure reflecting that children ages 5-12 should only utilize this equipment. ¡ Note: should costs of rehabilitation be too prohibitive, closure and removal of all equipment may be necessary. Should there be any question, comments andlor concerns regarding the content and recommendations contained within this repoft, please do not hesitate to contact its author. Sincerely, Mr. Jodi R. Craig B.A.(Kin), M.CI.Sc.(OT), OT Reg. (Ont.) Registered Occupational Therapist Date Genesis Rehobilitotion l9 Chonl St.. Sl. Thomos, ON, NsR 4Yó, Phone (519)6374981. Fox (519)637-6997 Staff Report F2009-20 regarding Budget 2009. File: F05.09 Page 229 of 403 Page 230 of 403 qt March 2009Municipal Assistance Applications Summary - 2009 ' (as amended) Bayham Historical Society Elgin Community Assistance Program Cupboard) Sttr Elgin County Plowmen's Assoc Preservation of history, Acquire afifacts relating to Bayham To offset rent payments Misc Community support To assist with 2009 County Plowing Match - advertising, prize money, general expenditures 1,500 Vienna Comm Centre I0 meetings plus 2-3 fundraising events yes - use of Municipal Office for monthly meetíngs, storage in Edison Museum yes - Viema Comm Centre File cabinet, file folders, envelopes, use of photocopier and supplies No 2009 budget supplied 2008 income & expense Statement supplied 2007/2008 Expense Statement provided 2008 Income & Expense Statement supplied Use of Municipal Office for monthlY meetings, storage in Edison Museum, file cabinet, file folders, envelopes, supplies, use of photocopier and supPlies $1,500 Vienna Comm Centre l0 meetings plus 2-3 fundraising events $ $ Nir200 Kids Help Phone Assist children & youth in crisis $500 requested to assist with funding to provide counsellors Misc. Community Support 500 Letter only - no application fom N/A Club Straffordville/Bayham Straff Comm Centre plus kitchen 2 events (1 dance, lst aid) yes - Strâff. Comm Centre (2) No 2009^budget supplied 2008 Straff, comm centre plus kitchen 2 events income & expense Statement (1 dance, lst aid) supplied Valley Chamber of Commerce Valley Chamber of Comrnerce Bunvell Community Childcare Centre Port BuNell Hisrorical Society Burwell - Bayham Horticultural Society Burwell Legion - P.B Br 524 SERVE Parents Association Lukes Anglican Church Guild To assist with summer student wage To assist with payment of enlertainers for Tub Daze Purchase supplies/shelves Canada Day Parade Community Beautifi cation -2008 Revenue & ExDense 181 $2,000 5,000 NOTE: \TITHDRAIilN BY CIIAMBERAPRIL 8' 2009 Yes - beach ârea etc Yes - Armistice Parade New shelves for the preschool & toddler rooms To assist with the cost associated in conducting a parade, along with food, advertising, equipment rental & supplies s62.03 Nil Statement 2008 Revenue & Expense Statement 2009 Budget Projection and 2008 Revenue & Expense Stalement provided 2009 Budget Projection Provided$I,405 Yes Yes StraffComm Centre (l event Apr l 8/09) Net $ó00 NilCuûent Event Budget supplied Misc. Community Support Halloween Dance to fundraise for school projects Penny SaleÆmeral Luncheons Property tax exemption 2009 No Parade Request; 2008 Profit Tax Exemption, Street closure/trâfnc & Loss Statement provided for Parade Fee waiver for Halloween Dance Vienna Comm Centre basement (2 penny sales and funeral Iuncheons as needed); VCC Park for 2 evenls Yes Str Comm Centre yes - Vienna Comm Centre & park as needed 2008 Finâncial Summary Fee waiver for Da¡ce No 2009 budget supplied 2008 Viema Comm Centre Fee Vy'aiver (2 pemy Income & Expense Statement sales and firneral luncheons as needed); supplied VCC and park for 2 events yes - Stra.ff. Comm. Centre Municipal Assistance Applications Summary - 2009 (as amended... Page 231 of 403 Municipal Assistance Applications Summary - 2009 (as amended) March 2009 Community Comm. Straffordville Firefi ghters Assoc Straffo¡dville Lioness Club To improve communit¡r relationshipVpride; improve appearance No Set A.ountofStraffordville; promote municipality; - - --'' wâtermelon fest St¡afl Comm Centre & grounds Aug 28129; use ofComm Centre parking lot up to 4 times / year; use of hall 4 times; use of mun sign, use ofmun ofüce meeting room once monthly; use of municipal photocopier Watering, grounds prep, street balners, parade trafï control, picnic tables; cleaning of cement pad & repairs; assist \¡rith port able washroom facilities Straff Comm- Centre; Park; Mun Sign; Mun Office meeling room; photocopier 'Watermelonlest dumpster, grounds cleaning, w/r facilities, additionaJ picnic tables SCC a¡d Park, garbage dumpster, traffic control for parade, prep ofpark (cement pad), portable w/r facilities, picnic tables, SCC parking ìot for up to 4 other events, placement and removal ofstreel ba¡ners, use of Municipal sign, use ofMunicipal Office for monthly meetings sæta claus Pârade committee provide ptrade Decrease expenses and increase profit which is used to purchase fire & rescue $ relâted equipment Misc Community support Vienna Comm Cente ( I event Mar 28/09) I +v,iê<f l'¡ StraffComn Centre 2 events (May 2/09 fishfry plus one olher event) Straff Comm CentreDec 12 yes - parade insurance, equipment, road closure,2 pick up trucks with ìights for trâfficcontrol- l hour VCC - I event fee waiver Fees waived 2008 Stâtement ofRevenues & Expenditures supplied, no 2009 SCC use, Road Closures/suppof budget supplied yes - parade support/traffic control - 2 persons yes -Vienna Comm Centre yes - Str Comm Centre yes - Straff. Comm Centre District Multi-Service Adult Literâcy, Community Counselling $ Misc. Community support 3,624 Request 53,624 to be directed towatd Adult Bâsic Lileracy devoted to Bayham Nil VCC basement and kilchen monthly (10 events) plus 2 2-day evenls and 2 l-day events Vienna Comm Centre Den and Kitchen monthly (3rd Mon Sept to June l0 events) plus I evenl downstairs with prior nights set up & 2 €vents bolh up & downstairs ard prior nights set-ùp yes - Vienna Comm Centre Vienna Lions Club Misc. Community support Misc. Community support Vienna Comm Centre incl. kitchen (21 meetings Kitchen only; 3 events upstairs and kitchen;2 events downstairs; possible other fundraisers) StraffCo¡nm Centre (2 meelìngs monthly, wkly bingos,4 annual events) + cleaning tables waiver yes - Viema Comm Centre Straff. Comm Centre (bi- monthìy meetings, wkly bingos, 4 annual events) waiver ofclealing fees re tables for dinners No 2009 budget supplied VCC fee waiver for meetings and events StraffComm Centre (2 meetings monthly, wkly bingos, 3 annual events) r cleaning tables Lions Club Total 14,4't0 Municipal Assistance Applications Summary - 2009 (as amended... Page 232 of 403 VALUE OF COMMUNITY CENTRE FEE WAIVERS 2009 Âoolicant Star Club ille/Bayham Burwell - Bayham Society SERVE Parents Assooiation Fee Waiver Yes StraffComm Centre (1 event Apr l8/09) Fee waiver for Halloween Dance waived Fee cleanins fee Value Facilitv Use 1690 yes - Vienna Comm Centre Other 2008 SunPort Provided Vienna Comm Centre 10 meetings plus 2-3 fundraising eventsVienna Comm Centre l0 meetings plus 2-3 fundraising s 2,290 600events Straff. Comm Centre plus kitchen 2 events (1 dance, lst aid) $ 660 $ 330 s 330 200 100 100 460 230 230 yes - Strafl Comm Centre (2) yes - Straff. Comm. Centre Yes Str Comm Centre Straff. Comm Centre plus kitchen 2 events (l dance, lst aid) Nil Fee waiver lor Dance St. Lukes Anglican Church Vienna Comm Centre bæement (2 penny sales and funeral luncheons as needed); VCC Park for2 events estimated $ 2 funerals yes - Vienna Comm Centre & park æ needed Vienna Comm Centre Fee Waiver (2 penny sales and funeral luncheons as needed); VCC and park for 2 events280120400 Straff. Comm Centre & grounds Aug 28 129; we of Comm Community Centre parking lot up to 4 times / year; use of hall 4 times; use of mun sign; use of mun office meeting room once monthly; use of municipal photocopier Straff. Comm. Centre; Park; I150 Mun. Sign; Mun. Ofüce meeting room; photocopier 1,650 500 200 460 yes -Vienna Comm Centre WatermelonFest dumpster, grounds cleaning, w/r facilities, add itional picnic tables SCC and Park, garbage dumpster, traffic control for parade, prep ofpark (cement pad), portable Wr facilities, picnìc tables, SCC parking lot for up to 4 other events, placement and removal ofstreet banners, use ofMunicipal sign, use of Municipal Office for monthly meetings Straffordv ille Firefi ghters Assoc Straffordville Lioness Club le Santa Claus Parade Committee (Lions) Vienna Comm Cente (2 events Mar 28 &Oct24/09)660 VCC - I event fee waiver StraffComm Centre2 events (May 2109 ftshfry plus one other event) Straff. Comm Centre Dec l2 660 330 200 460 yes - Str Comm Centre 100 230 yes - StralÏ Comrlr. Centre yes - parade insurance, equipment, road closure, 2 pick up trucks with Iìghts for trafficcontrol-1hour SCC use, Road Closures/supPort Fees waived Vienna Comm Centre Den and Kitchen monthly (3rd Mon. Sept to June l0 events) plus I event downstairs with prior nìghts set up & 2 events both up & downstairs and prior nights set-up Vienna Comm Centre incl. kitchen (21 meetings Kitchen only; 3 events upstairs and kitchen; 2 events downstairs; possible other firndraisers) StraffComm Centre (2 meetings monthly, wkly bingos, 4 annual events) + cleaning tables waiver 1,540 2,805 14080 I 130 3980 600 940 yes - Vienna Comm Centre VCC basement and kitchen monthly (10 events) plus 2 2-day events and 2 l- day events VCC fee waiver for meetings and events Straff Comm Centre (2 meetings monthly, wkly bingos, 3 annual events) + cleaning tables Vienna Lions Club 1,675 yes - Vienna Comm Centre 101100 yes Shaff. Comm Centre waiver ofcleaning fees re tables for dinnersLions Club Municipal Assistance Applications Summary - 2009 (as amended... Page 233 of 403 Municipal Assistance Applications Summary - 2009 (as amended... Page 234 of 403 (7 CORPORATION OF THE MI]NICIPALITY OF BAYIIAM STAFF REPORT TO: Mayor & Members of Council FROM: Kyle Kruger, Administrator SUBJECT: Building Canada Fund Agreement DATE: April7,2009 FILE: F05 NUMBER: F2009-31 Purpose This report is to recommend the execution of an agreement with the Province of Ontario regarding funding under the Building Canada Fund (Water Infrastructure Project). Background As Council is aware through previous reports, the Municipality has been successful obtaining funding for its Water Infrastructure Project under the Building Canada Fund. As a condition to receiving the funds, a Contribution Agreement between the Municipality and the Province of Ontario is required. Staff Comments Staff have reviewed the agreement and do not see any major concerns. A draft by-law is attached to this report for Council consideration to approve the agreement. Attachments Draft By-law No. 20096-054, to approve a contribution agreement with the Her Majesty the Queen in Right of Ontario Strateeic Plan Goal(s) Goal #1 - Practice responsible financial management Goal#2 - Ensure reliable, well maintained and secure infrastructure Recommendation THAT By-Law No. 2009-054, being a byJaw to authorize an agreement between the Municipality of Bayham and Her Majesty the Queen in Right of Ontario regarding the Building Canada Fund be presented to Council for enactment. Staff Report F2009-31 regarding Building Canada Fund Agreeme... Page 235 of 403 THE CORPORATION OF THE MUNICIPALITY OF BAYH.AM BY-LAW NO. 2009-054 A BY-LAW TO AUTHORIZETHE EXECUTION OF' AN AGREEMENT BETWEEN THE MTJNICTPALITY OF BAYIIAM AND HERMÄJESTY THE QUEEN IN RJGHT OT'ONTARIO AS REPRESENTED BY THE DEPUTY PREMIER AND MINISTER OF ENERGY AI{D INFRASTRUCTURE AND MINISTER OF AGRICULTURE, FOOD AND RURAL AF'FAIRS REGARDING THE BUILDING CANADA F'UND - COMMUNITIES COMPONENT IYHEREAS the Municipality of Bayham submitted application for funding to the Building Canada Fund - Communities Component; A¡D \ilHEREAS the Municipality has received confirmation of conditional funding support under the program subject to the completion of the BCF-CC Contribution Agreement; AND WIIEREAS the Council of the Corporation of the Municipality of Bayham is desirous of entering into the said Contribution Agreement; THEREF'ORE THE COUNCIL OF THE CORPORATION OF THE MI'NICIPALITY OF BAYHAM ENACTS AS I'OLLOWS: 1. THAT the Mayor and Administrator be and are hereby authorized and directed to execute the Agreement attached hereto as Schedule "4" and forming part of this by-law between the Municipalþ of Bayham and Her Majesty the Queen in Right of Ontario for the provision of funding under the Building Canada Fund - Communities Component. 2. THAT this byJaw shall come into full force and effect upon final passing. READ A F'IRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 16th DAY OF APRIL 2009. MAYOR CLERK Staff Report F2009-31 regarding Building Canada Fund Agreeme... Page 236 of 403 BETWEEN: THIS AGREEMENT made in quadruplicate as of the day of 2009. AND: HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO as represented by the Deputy Premier and Minister of Energy and lnfrastructure, and the Minister of Agriculture, Food and Rural Affairs (referred to herein as "OMAFRA" in the latter case) THE CORPORATION OF THE MUNICIPALITY OF BAYHAM (referred to herein as the "Recipienf') WHEREAS the Parties recognize that investments in public infrastructure are fundamentalto the quality of life of Ontarians and necessary to ensure continued economic growth; AND WHEREAS the purpose of the Building Canada Fund - Communities Component (BCF- CC) is to improve and renew public infrastructure in Ontario's communities with populations of less than 100,000 people; AND WHEREAS investments under the BCF-CC focus on projects in smaller communities to advance federal and provincial objectives of economic growth, cleaner environment, and strong and prosperous communities; AND WHEREAS the BcF-cc supports projects that address rocar needs; AND WHEREAS Recipients under the BCF-CC may choose to apply for funding for Projects in the categories of drinking water, wastewater, public transit, Core National Highway System, green energy, disaster mitigation, solid waste management, brownfield remediation and redevelopment, culture, sport, connectivity and broadband, local roads, shortline railways, short- sea shipping, regional and local airports, tourism as well as collaborative projects; AND WHEREAS this Agreement defines the terms and conditions of a financial contribution from Canada and Ontario to assist with the Project under BCF-CC which is being adminístered by the Government of Ontario; NOW THEREFORE in consideration of the mutual covenants and agreements herein contained and other good and valuable consideration (the receípt and sufficiency of which are hereby acknowledged), the parties covenant and agree as follows: Staff Report F2009-31 regarding Building Canada Fund Agreeme... Page 237 of 403 BCF-CC Contribution Agreement for lnfrastructure Projects File# 23009 This Agreement, including: Schedule "A" - GeneralTerms and Conditions Schedule "8" - Description of the Project Schedule "C" - Eligible and lneligible Costs Schedule "D" - Financial Assistance Schedule "E" - Federal Requírements Schedule "F" - Additional Provisions Schedule "G" - Communications Requirements Schedule "H" - Expenditure Report Schedule "l" - Progress Repoft Schedule "J" - Claim Report Schedule "K" - Final Repofi constitute the entire agreement between the parties with respect to the subject matter contained in this Agreement and supersedes all prior oral or written representations and agreements. lN WITNESS WHEREOF, the Government of Ontario and the Recipient have respectively executed and delivered this Agreement on the dale set out above. HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO as represented by the Deputy Premier and Minister of Energy and lnfrastructure by: Name: The Honourable George Smitherman DateTitle: Deputy Premier and Minister of Energy and lnfrastructure and by the Minister of Agriculture, Food and Rural Affairs by: Name: The Honourable Leona Dombrowsky DateTitle: Minister of Agriculture, Food and Rural Affairs RECIPIENT'S NAME: THE CORPORATION OF THE MUNICIPALITY OF BAYHAM by: Name: Lynn Acre Title: Mayor Affix Corporate Seal Date Name: Kyle Kruger Title: Administrator l/we have authority to bind the Recipient Date Page2of 37 Staff Report F2009-31 regarding Building Canada Fund Agreeme... Page 238 of 403 BCF-CC Cont ribution Ag reement for I nf rastructu re P rojects File# 23009 SCHEDULE"A" GENERAL TERMS AND CONDITIONS sEcTroN 1 DEFINITIONS AND INTERPRETATION 1.1 Detinitions. When used in this Agreement (including the cover and execution pages and all of the schedules), the following terms shall have the meanings ascribed to them below unless the subject matter or context is inconsistent therewith: "Act" meanslhe Freedom of lnformation and Protection of Privacy Acf, R.S.O. 1990, c. F.31, as amended. "Adiust the Financial Assistance" means adjust or terminate the Financial Assistance on the Project or the amount of financial assistance for any other of the Recipient's project(s) under the BCF-CC, or any other provincial program(s) or initiative(s) (either current or future), and/or require repayment for some or all of the Financial Assistance for the Project in an amount to be determined by OMAFRA and within the period specified by OMAFRA. "Agreement'means this agreement, including the cover and execution pages and all of the schedules hereto, and all amendments made hereto in accordance with the provisions hereof. "Allowable Financial Assistance" has the meaning given to it in Section 8.1 of this Agreement. "Business Day''means any day on which Government of Ontario offices generally are open for business in the Province of Ontario. "Claim Report" has the meaning given to it in Section 6.2 of this Agreement. "Cfaims Submission" has the meaning given to it in Section 6.2 of this Agreement. "Communication Requirements" means the communication requirements set out ln Schedule "G" hereto, or as directed by OMAFRA from time to time. "Consultant" means any consultant, engineer, contractor, project manager, architect or other service provider, as the case may be, retained by the Recipient to undertake any part of the work related to the Project. "Contract" means a contract between a Recipient and a third party at arm's length whereby the latter agrees to provide a product or service to the Project in return for financial consideration that may be claimed as an Eligible Cost. "Crown Agencf' means a crown agency as defined in the Crown Agency Act (Ontario). "Eligible Costs" means the costs so described in Schedule "C". "End of Financial Assistance Date'means March 91,2017. "Environmental Contaminant" means any hazardous or toxic substance or material including, without limitation, products of waste, contaminants, pollutants, dangerous substances, noxious substances, toxic substances, hazardous wastes and flammable, explosive or improperly Page 3 of 37 Staff Report F2009-31 regarding Building Canada Fund Agreeme... Page 239 of 403 BCF-CC Contribution Agreement for lnfrastructure Projects File# 23009 handled friable materials. "Environmental Laws" means all applicable federal, provincial or municipal laws, regulations, by-laws, orders, rules, policies or guidelines respecting the protection of the natural environment, public or occupational health or safety, and the manufacture, importation, handling, transportation, storage, disposal and treatment of Environmental Contaminants and include, without limitation, lhe Environmental Protection Act(Ontario),lhe Environmental Assessment Act (Ontario), the Ontario Water Resources Acf, the Canadian Environmental Protection Act 1999,the Canadian EnvironmentalAssessment Act,lhe Fisheries,4cf (Canada) and the Navigable Waters Protection Act (Canada). "Event of Default" has the meaning given to it in Section 15 of this Agreement. "Expenditure Report" has the meaning given to it in Section 6.1 of this Agreement. "Expiration Date" means March 31 , 2017. "Federal Government" means Her Majesty the Queen ln right of Canada. "Federal Licensed Marks" has the meaning given to it in Section 6 of Schedule "E" to this Agreement. "Federal Maximum Financial Assistance" has the meaning set out in Schedule "D" hereto. "Final Reporf'has the meaning given to it in Section 6.3 of this Agreement. "Final Report Date" means May 31 , 2016. "Financial Assistance" means the funds contributed by the Senior Government to be advanced by OMAFRA to the Recipient pursuant to this Agreement. "Fiscal Yea/' means the period beginning on April 1 of a year and ending on March 31 of the followíng year. "Generally Accepted Accounting Principles" means the Canadian Generally Accepted Accounting Principles as adopted by the Canadian lnstitute of Chafiered Accountants, applicable as at the date on which such calculation is made or required to be made under the Agreement in accordance with Generally Accepted Accounting Principles. "Government of Ontario" means Her Majesty the Queen in right of Ontario, as represented by the Deputy Premier and the Miníster of Energy and lnfrastructure and by the Minister of Agriculture, Food and Rural Affaírs. "lnfrastructure" means publicly or privately owned capital assets in Ontario for public use or benefit. "lndemnified Parties" means Her Majesty the Queen in right of Ontario, Her Ministers, directors, officers, agents, appointees and employees and Her Majesty the Queen in right of Canada, Her Ministers, directors, officers, agents, appointees and employees. "lneligible Costs" means the costs so described in Schedule "C". Page 4 of 37 Staff Report F2009-31 regarding Building Canada Fund Agreeme... Page 240 of 403 BCF-CC Contribution Agreement for lnfrastructure Frojects Flle# 23009 "Joint Secretariat' means the Joint Secretariat referred to in Section 4.5 of the Canada - Ontario Building Canada Fund Communities Component Agreemenl2OOT -2017 made as of August 26,2008, between Her Majesty in Right of Canada, as represented by the Minister of Transport, lnfrastructure and Communities, and Her Majesty in Right of the Province of Ontario, as represented by the Minister of Energy and lnfrastructure (the "Canada - Ontario BCFCC Agreement"); "Licensed Marks" has the meaning given to it in Section 13 of Schedule "4" to this Agreement. "Local Government" means a "municipality" as defined inlhe MunicipalAct, 2001 (Ontario) and includes a local board of a municipaliÇ and a board, commission or other local authority exercising any power with respect to municipal affairs or purposes in an unorganized township, but excludes municipalities having a population in excess of 100,000 people. "Maximum Financial Assistance" has the meaning set out in Section 4.5 and Schedule "D" hereto. "Ontario Maximum Financial Assistance" has the r¡eaning set out in Schedule "D" hereto. "Oversight Committee" means the committee established pursuant to Subsection 4.1 of the Canada - Ontario BCF-CC Agreement, responsible for administering and rnanaging the Canada - Ontario BCF-CC Agreement, established pursuant to Subsection 4.1 of the same; "Payment Certifie/' means a payment certifier as defined in subsection 1(1) of the Construction Lien Act (Ontario). "Progress Report' has the meaning given to it in Section 6.2 of this Agreement. "Project" means the project described in Schedule "B" hereto. "Project Gompletion Date" means March 31 , 2016. "Recipient' has the meaning given to it on the first page of this Agreement. "Senior Government" means the Government of Ontario and the Federal Government collectively. "substantially Performed" has the meaning set out in and shall be determined in accordance with subsection 2(1) of the Construction Lien Acf (Ontario). "Third Pargy'' means any person other than the Senior Government or a Recipient that participates in the implementation of a Project. 'Total Eligible Gosts" has the meaning set out in Schedule "D" hereto. 1.2 Herein, etc. The words "herein", "hereof' and "hereundeÉ'and other words of similar import refer to this Agreement as a whole and not to any particular schedule, afticle, section, paragraph or other subdivísion of this Agreement. 1.3 Currency. Any reference to currency is to Canadian currency and any amount advanced, paid or calculated is to be advanced, paid or calculated in Canadian currency. Page 5 of 37 Staff Report F2009-31 regarding Building Canada Fund Agreeme... Page 241 of 403 BCF-CC Contribution Agreement for lnfrastructure Projects File# 23009 1.4 Stafutes. Any reference to a statute is to such statute and to the regulations made pursuant to such statute as such statute and regulations may at any time be amended or modified and in effect and to any statute or regulations that may be passed that have the effect of supplementing or superseding such statute or regulations. 1.5 Gender, singular, efc. Words importing the masculine gender include the feminine or neuter gender and words in the singular include the plural, and vice versa. 1.6 OMAFRA Approvals. Any reference to, or requirement for, the approval of OMAFRA in this Agreement or in any schedule hereto shall be deemed to require the prior and express wriüen approval of OMAFRA. sEcTroN 2 TERM OF AGREEMENT 2.1 Term. Subject to any extension or termination of this Agreement or the survival of any of the provisions of this Agreement pursuant to the provisions contained herein, this Agreement shall be in effect from the date set out on the first page of this Agreement, up to and including the Expiration Date (the "Term"). 2.2 End of Fínancial Assistance Date. Notwithstanding anything in this Agreement and regardless of the Project's state of completion, OMAFRA shall not be obligated to provide Financial Assistance under this Agreement after the End of Financial Assistance Date. SECTION 3 ELIGIBLE COSTS 3.1 Eligìble Cosfs. ln order for a cost to be eligible for Financial Assistance pursuant to this Agreement (an "Eligible Cost"), the cost must be included in Schedule "C", Part C.1, except where othenruise expressly approved in writing by OMAFRA. For greater certainty, where Schedule "8" identifies a portion of the works that are specífically excluded from the description of the Project under this Agreement, the costs associated with that portion of the works are not eligible. 3.2 Discretion of OMAFRA. Subject to Section 3.1, the eligibility of any items not listed in Schedule "C" to this Agreement will be determined in accordance with OMAFRA's policies and guidelines. The final determination of the eligibility of any items claimed is at the sole discretion of OMAFRA. 3.3 Retention of Receipts The Recipient shall retain all records of payments related to Eligible Costs including, without limitation, invoices and receipts, for audit purposes and such supporting documentatÍon must be available to OMAFRA when requested. 3.4 Ineligible Cosfs. Notwithstanding anything else contained herein, the costs that are not eligible for Financial Assistance pursuant to this Agreement are set out in Part C.2 of Schedule "C" ("lneligible Costs"). 3.5 Deemed ineligible. The Recipient acknowledges that OMAFRA's Fiscal Year ends on March 31 in each year, and that should a cost not be submitted by the Recipient for payment of Financial Assistance before March 31 of the year following the fiscal year in which it was incurred, such cost shall be deemed ineligible for Financial Assistance. Page 6 of 37 Staff Report F2009-31 regarding Building Canada Fund Agreeme... Page 242 of 403 BCF-CC Cont ributi on Agree m ent {or I nf rastructu re F rojects File# 23009 sEcTroN 4 FINANCIAL ASSISTANCE 4.1 Use of Financial Assisfance. The Financial Assistance is intended for and shall be used only for Eligible Costs. 4.2 Basis of payout of Fínancial Assistance. The Financial Assistance will be provided by OMAFRA to the Recipient on the basis set out in Schedule "D". 4.3 Semi-Annual Reporting. The Recipient is required to submit semi-annual Expenditure Reports to OMAFRA pursuant to Section 6.1 prior to OMAFRA releasing any Financial Assistance. 4.4 Funds advanced. lf Financial Assistance is provided to the Recipient by OMAFRA prior to OMAFRA receiving evidence that the associated Eligible Costs have already been paid by the Recipient, then such Financial Assistance, including all interest earned thereon, shall be deemed to remain the property of OMAFRA and must be held by the Recipient in trust for OMAFRA in an interest bearing account pending payment of Eligible Costs. Without limitation, any payment of Financial Assistance that is made to the Recipient without the requirement of the Recipient first providing OMAFRA with either a Progress Report or a Final Report must meet the requirements of this Section. 4.5 Maximum Financlal Assistance. The total amount of Financial Assistance provided to the Recipient shall in any event be no greater than the Maximum Financial Assistance figure set out in Schedule "F" hereto. 4.6 Excess tunds. Where actual costs are lower or appear likely to be lower than the total eligible expenditures, or where additional funding ís secured from other government. sources such that the funds available to the Recipient for the Project (other than the Financial Assistance) exceed the Maximum FinancialAssistance, the Recipient shall immediately notify OMAFRA. OMAFRA may, in its sole discretion, adjust the Financial Assistance on the Project. 4.7 Interdependent Projects. Where implementation of the Project is dependent on completion of a project by others and the interdependent project is not completed by others in whole or in paft, OMAFRA may, in its sole discretion, adjust the Financial Assistance for the Project. 4.8 Recipient not carrying out Project. The Recipient shall immediately notify OMAFRA if it does not intend to carry out the Project in whole or in part as specified in Schedule "B" in which case OMAFRA may, in its sole discretion, adjust the Financial Assistance for the Project. 4.9 New hformation. ln the event of new information, errors, omíssions or other circumstances affecting the determination of the amount of Financial Assistance under this Agreement, OMAFRA may, in its sole discretion, adjust the Financial Assistance for the Project. 4.10 Alternatives to Projecf. lf the Recipient becomes aware of any alternatives to the Project that are more cost effective (for example, an arealjoint servicing scheme), the Recipient shall immediately notify OMAFRA, in which case OMAFRA may, in its sole PageT ot 37 Staff Report F2009-31 regarding Building Canada Fund Agreeme... Page 243 of 403 BC F-CC Contribution Ag reem ent for I nf rastructure P rojects File# 23009 discretion, adjust the Financial Assistance. Likewise, if OMAFRA becomes aware of any alternatives to the Project that are more cost effective, the Recipient will be notified and OMAFRA may, in its sole discretion, adjust the Financial Assistance. 4.11 GSL The Financial Assistance is based on the net amount of goods and services tax to be paid by the Recipient pursuant to the Excise Tax Act (Canada), net of any applicable rebates. 4.12 Withholding payment. OMAFRA may, in its sole discretion, withhold payment of Financial Assistance where the Recipient is in default in obtaining any necessary permits, approvals or licenses applicable to the Project or ís in default of compliance with any provisions of this Agreement or any applicable legislation. 4.13 Insufficient funds provided by the Legislature. lf, in the opinion of the Government of Ontario, the Legislatíve Assembly of Ontario does not provide sufficient funds to continue the Financial Assistance for any Fiscal Year during which this Agreement is in effect, the Government of Ontario may terminate this Agreement in accordance with the terms specified in Section 15.5 of this Agreement. SECTION 5 PROJECT AWARD, MANAGEMENT AND COMPLETION 5.1 Recipient fully responsible. The Recipient shall be fully responsible for the undeftaking, implementation and completion of the Project and shall retain any and all Consultants reasonably required to underlake a project of the size, scope and complexity of the Project. Where implementation of the Project is dependent on completion of a project by others, the Recipient shall be fully responsible for obtaining any assurances that it may require from others in relation to the implementation of the Project by the Recipient. 5.2 Government of Ontario not responsíble for implementafion. The Government of Ontario shall not be responsible in any way whatsoever for the undertaking, implementation and completion of the Project or any interdependent project of others, 5.3 Government of Ontario not responsible for costs, efc. The Government of Ontario shall not be responsible for any costs associated with the operation, maintenance and repair of the Project nor for any claims, proceedíngs or judgments arising from the tender and bidding process. 5.4 Behaviour of Recipient The Recipient shall at all times carry out the Project in an economical and businesslike manner, in accordance with this Agreement subject to any reasonable changes that OMAFRA may agree to or require from time to time in writing. 5.5 Competitive process. The Recipient shall acquire and manage all equipment, services and supplies required for the Project through a transparent, competitive process that ensures the best value for funds expended. Municipalities must follow their established procurement protocol as directed by the Municipal Act. All other Recipients must ensure that for equipment, services and supplies, the estimated cost of which exceeds $25,000.00, the Recipient shall obtain at least three written quotes unless OMAFRA gives prior written approval. The requirement for a competitive process may be waived with prior written approval by OMAFRA if : Page I of 37 Staff Report F2009-31 regarding Building Canada Fund Agreeme... Page 244 of 403 B C F -CC Contri but i o n Ag re e m e nt f o r I nf rast ru ct u re P roj ects File# 23009 a) the expeftise the Recipient is purchasing is specialized and is not readily available; or b) the Recipient has recently researched the market for a similar purchase and knows prevailing market costs for the equipment, services or supplies purchased. 5.6 Competitive tender. Except as otherwise approved in writing by OMAFRA, all portions of the construction component of the Project (including materials and equipment) shall be competitively and openly tendered, in the opinion of OMAFRA, to competent contractors capable of completing the construction component of the Project, and the Contract must be awarded to the lowest qualified bidder or, where the bid price is not the sole specified selection criterion, the highest ranked bidder. 5.7 Trade Agreements. lf the Recipient is subject to any provincial or federal trade agreements to which Ontario is a pady, the Recipient shall comply with the applicable requirements of such trade agreements. ln particular, and without limitation, if the Recipient is subject to Annex 502.4 of the Agreement on lnternalTrade, the Recipient shall comply with all of the applicable requirements of that Annex. ln the event of any conflict between the requirements of Sections 5.5 and 5.6 of this Agreement and the requirements of this Section 5.7, the requirements referenced in this Section 5.7 shall apply. 5.8 Long-term capital management plan. The Recipient shall prepare and update annually thereafter a long-term capital asset management plan which outlines how the Recipient intends to meet its financial and other commitments for maintaining the lnfrastructure on an ongoing basis, including plans to recover the full operating costs through service charges where appropriate. Upon request, the Recipient shall provide to OMAFRA a copy of its then current long-term capital management plan. 5.9 Final claims. The Recipient shall submit its final claims with the required documentatíon for approval, cost reviews, audits and settlement within three (3) months of completíon of the Project and no later than the Final Report Date or such later date as is specified in writing by OMAFRA. Upon completion of the cost reviews, audits and settlement, OMAFRA shall not be obligated to consider any further claims in relation to the Project. The Recipient shall also submit, upon request by OMAFRA, the required documentation for approval, cost reviews and audits on an interim basis. 5.10 Commencement of Project. The Recipient shall begin the Project within six (6) months of the date of this Agreement, failing which this Agreement may be terminated pursuant to Section 15 unless otherwise approved by the Oversight Committee. 5.11 Contracts. The Recipient shall ensure that all Gontracts: a) are consistent with this Agreement; b) do not conflict with this Agreement; c) incorporate the relevant provisions of this Agreement to the fullest eltent possible; d) conform to all policies and procedures issued by the Senior Government for the Page 9 of 37 Staff Report F2009-31 regarding Building Canada Fund Agreeme... Page 245 of 403 BC F-CC Contribution Agreement for I nf rastructu re P rojects BCF-CC; e) are awarded and managed: File# 23009 (i) in a way that is transparent, competitive and consistent with value for money principles; and(ii) in accordance with all applicable policies and procedures issued by the Government of Ontario; f) require that the par.ties thereto comply with all applicable legislation; and g) authorize the Government of Ontario and the Federal Government to collect, use and distribute information and data gathered by parties, perform audits and monitor the Project as they see fit. SECTION 6 REPORTING REQUIREMENTS 6.1 Expenditure Beport. The Recipient shall submit semi-annual reports for the Project to OMAFRA on or before February 15th and August '1Sth of each Fiscal Year outlining the current expenditures and projections and the Recipient shallfollow such administrative procedures as are specified from time to time by OMAFRA. 6.2 Claims Submission. All Claim Submissions shall include the following repofts: 1. Progress Beport. The Recipient shall provide OMAFRA with a report in the form set out in Schedule "l" ("Progress Report') that shall contain sufficient information to allow OMAFRA to assess the progress of the Project. The Progress Report shall include: a) a detailed description of the progress of the Project to the date of the report; b) particulars of how the Communication Requirements have been implemented or applied; c) a ceftificate by a Payment Certifier or the chief financial officer of the Recipient certifying the percentage of the Project completed; d) details of any variance from the Project; and e) any other information respecting the Project that may be requested by OMAFRA. 2. Claim Report. The Recipient shall provide OMAFRA with a repod in the form set out in Schedule "J" ("Claim Report') on the invoices received and paid for the Project as at the date of the payment request which shall contain sufficíent information to allow OMAFRA to assess the eligibility of that portion of the Project for which disbursement is being requested and the individual Project tasks and Milestones. The Claim Repoft shall include: an invoice summary, in the form prescribed by OMAFRA; a list of the vendors from which the invoices were received; a) b) Page 10 of 37 Staff Report F2009-31 regarding Building Canada Fund Agreeme... Page 246 of 403 BCF-CC Contribution Agreement for lnfrastructure Projects File# 23009 c) a description of the type of work performed for each invoice; and d) when requested, all original invoices and receipts for the Project. 6.3 Final Report. Within three months of the Project becoming Substantially Performed and no later than the Final Report Date or such later date as is specified in writing by OMAFRA, the Recipient shall submit a final reporl (the "Final Reporf') for the Project to OMAFRA in a form satisfactory to OMAFRA and the Recipient shall follow such administrative procedures as are specified from time to time by OMAFRA. The Final Report shall include: a) a detailed description of the Project as completed, including photographs; b) particulars of how the Communication Requirements have been implemented or applied; c) a final unaudited financial statement showing Project expenditures and revenue, prepared by a qualified person; d) a certificate by a Payment Certifier or the chief financial officer of the Recipient certífying that the Project has been Substantially Performed; e) an invoice summary, in the form prescribed by OMAFRA; Ð a final cost summary in the form appended as Schedule K hereto; , g) when requested, all original invoices and receipts for the Project; h) details of any variance from the Project; i) details of the benefits and outcomes of the Project; and j) any other information respecting the Project that may be requested by OMFRA, including, but not limited to, audited financial statements. Upon receipt of the Final Report, OMAFRA shall not be obligated to consider any further claims in relation to the Project. SECTION 7 RECORDS AND AUDIT 7.1 Separate records. The Recipient shall maintain separate records and documentation for the Project and keep all records and documentation for six (6) years after the final settlement of accounts referred to in Section 5.9 of this Agreement. Upon request, the Recipient shall submit to OMAFRA and any member of the Oversight Committee all records and documentation relating to the Project including, but not limited to, work authorizations, invoices, time sheets, payroll records, estimates and actual cost of the activities carried out pursuant to this Agreement, together with tenders and proposals, final measurements, payment certificates, change orders, correspondence, memoranda, contracts and amendments thereto whích shall be maintained in accordance with Generally Accepted Accounting Principles. Page11of37 Staff Report F2009-31 regarding Building Canada Fund Agreeme... Page 247 of 403 'BC F-CC Contribution Agreem ent fo r I nf rastructure P roj ects File# 23009 7.2 Provide records to OMAFRA. The Recipient shall provide to OMAFRA and any member of the Oversight Committee, upon request and at the Recipient's expense (including but not limited to photocopy¡ng, electronic media, transportation and postage, associated staff time, information retrieval and other office expenses), all records and documentation (including invoice summaries and certified statement of final costs) of the Recipient and its auditors, contractors, project managers and Consultants relating to the Project or any other project(s) of the Recipient under the BCF-CC, or any other provincial program(s), for the purposes of cost reviews, audits and settlement, as may be required by OMAFRA, of the Project or any other project(s) of the Recipient under the BCF-CC, or any other provincial program(s). Such material shall be provided in a form and manner satisfactory to OMAFRA and the Oversight Committee, as applicable. 7.3 External audítor. OMAFRA may require the assistance of an external auditor to carry out an audit of the material referred to in Sections 7.'l and 7.2 of this Agreement. lf so, the Recipient shall, upon request, retain an external auditor acceptable to OMAFRA at the Recipient's sole expense. The Recipient shall ensure that any auditor who conducts an audit pursuant to this section of the Agreement or otherwise, provides a copy of the audit report to OMAFRA for its consideration at the same time that the audit report is given to the Recipient. 7.4 Audítor General of Canada. The Auditor General of Canada, may, at the Auditor General's of Canada's cost, after consultation with Ontario, conduct an inquiry under the authority of Subsection 7 .1 (1 ) of the Auditor General Act in relation to the use of f unds under the agreement. For the purposes of facilitating such inquiry, the Recipient shall: a) be required to appoint Ontario as its agent for the purpose of any inquiry undertaken by the Auditor General of Canada with respect to the use of funds under this Agreement; b) release to Ontario upon request and in a timely manner, for the purpose of releasing to the Auditor General of Canada: all records held by the Recipient, or by agents or contractors of the Recipient, relatíng to this Agreement and the use of funds; and such further information and explanations as the Auditor General, or anyone acting on behalf of the Auditor General may request relating to any part of this Agreement of the use of funds. 7.5 Inlormation. The Recipient shall supply to OMAFRA, upon request, such information in respect of the Project and its results including without limitation all contracts and agreements related to the Project and all plans and specifications related to the Project, as OMAFRA may require. The Government of Ontario and the Federal Government, their respective agents and employees, including the Ontario Provincial Auditor's Offíce, shall be allowed aocess to the Recipient's premises and staff and to the Project site at all reasonable times to (i) inspect the progress and monitor the Project; (ii) perform cost reviews and audits on the Project; and (iii) confirm the results of the Project in terms of resolving the infrastructure problems that cause an immediate and serious problem for human health or the environment. 7.6 Information condition precedent for payment. lÍ, in the opinion of OMAFRA, any of the information requirements of this Article are not met, OMAFRA may, in its sole discretion, require the information as a condition precedent to any payment in relation to the Project or any other project(s) of the Recipient under the BCF-CC, or any other provincial program(s) (either current or future). ln addition, OMAFRA may, in its sole discretion, adjust the Financial Assistance for the Project. Page 12 of 37 Staff Report F2009-31 regarding Building Canada Fund Agreeme... Page 248 of 403 BCF-CC Contribution Agreement for I nf rastructu re P roj ects File# 23009 SECTION 8 OVERPAYMENT 8.1 Allowable Financial Assistance. Funds advanced to the Recipient prior to settlement in accordance with Section 5.9 of this Agreement shall not be construed as a final determination of the amount of Financial Assistance applicable to the Project. Upon conducting a final cost review or audit of the Project, OMAFRA will determine the final amount of FinancialAssistance on the Project (the "Allowable Financial Assistance"). The Recipient agrees to repay to OMAFRA, upon receipt of a written demand and within the period specified by OMAFRA, that portion of the total of the funds advanced that exceeds the Allowable FinancialAssistance applicable to the Project, as determined by OMAFRA, as well as any funds used for a purpose other than that stated in the terms of this Agreement, as determined by OMAFRA. 8.2 Deduction of overpayment. OMAFRA may deduct any overpayment of Financial Assistance pursuant to Section 8.1 made on the Project from financial assistance payable on any other project(s) of the Recipient under the BCF-CC or any other provincial program(s).(either current or future). Any overpayment made on any other project(s) of the Recipient under the BCF-CC or any other provincial program(s) (either current or future) may in turn be deducted from Financial Assistance payable on the Project. 8.3 Interest on overpayment. OMAFRA reserves the right to demand interest on any overpayment of Financial Assistance owing by the Recipient under the terms of this Agreement at the then current interest rate charged by the Government of Ontario on accounts receivable. The Recipient shall pay the amount of interest owing upon receipt of a written demand and within the period specified by OMAFRA. SECTION 9', ,NSURAN.E AND BoNDTNG 9.1 Insurance. The Recipient represents and warrants that it has, and shall maintain in full force and effect for the term of the Agreement, at its own cost and expense, with insurers having a secure A.M. Best rating of B+ or greater, or the equivalent, all the necessary and appropriate insurance that a prudent person carrying out a project similar to the Project would maintain; including commercial general liability insurance on an occurrence basis for third pafty bodily injury, personal injury and property damage, to an inclusive limit of not less than five million dollars ($5,000,000.00) per occurrence. The commercial general liability insurance policy shall include the following: (¡) the lndemnified Parties as additional insureds with respect to liability arising in the course of performance of the Recipient's obligations under, or othenruise in connection with, the Agreement; (ii) a cross liability clause; (ii¡) contractual liability coverage; and (vii) a 30 day written notice of cancellation, termination or material change. 9.2 Prool of lnsurance. The Recipient shall provide OMFRA with certifícates of insurance, or other proof as may be requested by OMAFRA, that confirms the insurance coverage Page 13of37 Staff Report F2009-31 regarding Building Canada Fund Agreeme... Page 249 of 403 BCF-CC Contribution Agreement for Infrastructure Projects File# 23009 as provided for in Section 9.1. Upon the request of OMAFRA, the Recipient shall make available to OMAFRA a copy of each insurance policy. 9.3 Bonding. The Recipient shall put in effect and maintain in full force and effect or cause to be put into effect and maintained in full force and effect during the term of this Agreement: a) a peÍormance bond in the amount of 100% of the contract price for any construction Contract related to the Project and which is for an amount greater than $150,000.00 covering the performance of that construction Contract and the correction of any deficiencies; and b) a labour and material payment bond in the amount of 50% of the contract price for any construction Contract related to the Project and which is for an amount greater than $150,000.00 covering the payment for labour, material or both. SECTION 1O INDEMNITY 10.1 Indemnified Parties not liable. ln no event shall the lndemnified Parties be liable for: a) any bodily injury, death or property damage to the Recipient, its employees, agents, or Consultants or for any claim, demand or action by any third party against the Recipient, its employees, agents, or Consultants, arising out of or in any way related to the Canada-Ontario Building Canada Fund Communities Component Agreement or this Agreement or the Project; nor b) any incidental, indirect, special or consequential damages, or any loss of use, revenue or profit to the Recipient, its employees, agents, or Consultants arising out of or in any way related to the Canada-Ontario Building Canada Fund Communities Component Agreement or this Agreement or the Project. 10.2 Recipient to indemnify. The Recipient agrees to indemnify and hold harmless the lndemnified Parties from and against all suits, judgments, claims, demands, expenses, actions, causes of action and losses (including, without limitation, reasonable legal expenses and any claim for lien made pursuant to the Construction Lien Act (Ontario) and for any and all liability for damages to property and injury to persons (including death) which the lndemnified Parties may incur, otherwise than by reason of their own negligence or wilful misconduct, as a result of or arising out of or in relation to: (a) the pedormance of this Agreement or any breach of the terms of this Agreement by the Recipient, its officers, servants, employees and agents, or by a third party, and any of its officers, employees, servants or agents; (b) the ongoing operation, maintenance and repair of the infrastructure resulting from the Project; or (c) any omission or other wilful or negligent act of the Recípient, a third party, their respective employees, officers, servants or agents. 10.3 Further lndemnity. The Recipient further agrees to indemnify and hold harmless the lndemnified Parties, for any incidental, indÍrect, special or consequential damages, or any loss of use, revenue or profit, which the lndemnified Parties may incur, otherwise than by reason of their own negligence or wilful misconduct, as a result of or arising out of or in relation to: (a) the performance of this Agreement or any breach of the terms of this Agreement by the Recipient, its officers, servants, employees and agents, or by a third Page14o137 Staff Report F2009-31 regarding Building Canada Fund Agreeme... Page 250 of 403 B CF -CC Co nt ri b utio n Ag re em e nt f o r I ntrastruct u re P roj ects File# 23009 party, and any of its officers, employees, servants or agents; (b) the ongoing operation, maintenance and repair of the infrastructure resulting from the Project; or: (c) any omission or other wilful or negligent act of the Recipient, a third party, their respective employees, officers, servants or agents. SECTION 11 TRANSFER AND OPERATION OF INFRASTRUCTURE 11.1 Transfer of ownershþ. Unless othen¡rise agreed to by the Senior Government, the Recipient will retain title to, and ownership of, the lnfrastructure resulting from the Project for at least ten (10) years after the Project's completion. 11.2 Repaymenf, ln the event that at any time within ten (10) years from the date of completion of the Project, the Recipient sells, leases, encumbers or othenruise disposes of, directly or indirectly, any asset constructed, rehabilitated or improved, in whole or in paft, with the Financial Assistance contributed under the terms of this Agreement, other than to Canada, Ontario, a Local Government, or a Crown corporation of Ontario that is the latter's agent for the purpose of implementing this Agreement, the Recipient hereby undertakes to repay the Senior Government, on demand, a proportionate amount of the Financial Assistance, as follows: Where Project asset is sold, leased, encumbered or disoosed of: Repayment of contribution lin current doltars) Within 2 Years after Proiect completion 100% Between 2 and 5 Years after Proiect comoletion 55"/" Between 5 and 10 Years after Proiect comoletion 10% 10 Years after Proiect completion o% 11.3 Notíce. At any time during the ten (10) years following the date of completion of the ''Project, the Recipient agrees to notify OMAFRA in writing of any transaction triggering the above-mentioned repayment, at least one hundred eighty (180) days in advance. 11.4 Deduction from Financial Assistance. OMAFRA may deduct the amount of FinancialAssistance to be repaid under Section 11.2trom Financial Assistance payable on any other project(s) of the Recipient under the BCF-CC or any other provincial program(s) (either current or future). 11.5 Revenue from Assets. Ihe Recipient must identify to OMAFRA when a Project asset generates revenues that exceed its costs, including operating costs, alternative financing partnerships or public private partnerships costs and provisions for future life cycle costs and where the intent of revenue generation was not identified in the application. The Recipient must pay OMAFRA, upon request, that proportion of excess, that is the same percentage proportion as Canada's and Ontario's contribution was to the total cost of the Asset. This obligation will apply only to the first ten (10) complete Fiscal Years following the completion date of the Project. 11.6 lnfrastructure Operation. The lnfrastructure established with the Financial Assistance from OMAFRA shall be used, maintained and operated for a period of at least one half of the expected useful life of the asset after the completion of the Project as set out in Schedule "F'. Any contravention of this provision shall give OMAFRA the right to adjust the Financial Assistance. Page 15 of 37 Staff Report F2009-31 regarding Building Canada Fund Agreeme... Page 251 of 403 BC F-CC Contributi on Agreement for I nf rast ructu re P rojects File# 23009 SECTION 12 CONFLICT OF INTEREST AND CONFIDENTIALITY 12.1 No conflict oÍ interesf. The Recípient and its Consultants and any of their respective advisors, paftners, directors, officers, employees, agents and volunteers shall not engage in any activity or provide any services where such activity or the provision of such services creates a conflict of interest (actually or potentially in the sole opinion of OMAFRA) with the provision of services under this Agreement. The Recipient acknowledges and agrees that it shall be a confÍict of interest for it to use confidential information of Her Majesty the Queen in right of Ontario that is relevant to the Project or otherwise where OMAFRA has not expressly authorized such use in writing. For greater ceftainty, and without limiting the generality of the foregoing, a conflict of interest includes a situation where anyone associated with the Recipient is able to benefit financially from the Project or where such a person owns or has an interest in an organization that is carrying out work related to the Project. 12.2 Disclose potentíal conflict of ínterest. The Recipient shall disclose to OMAFRA without delay any actual or potential situation that may be reasonably interpreted as either a conflict of interest or a potential conflict of interest. 12.3 Freedom of Information and Protection of Prívacy Act. The Recipient acknowledges that Government of Ontario is bound by the provisions of the Freedom of lnformation and Protection of Privacy Acl R.S.O. 1990, c. F.31, as amended. SECTION 13 COMMUNICATION AND RECOGNITION 13.1 Licensed Marks. The Recipient acknowledges that Her Majesty the Queen in right of Canada and Her Majesty the Queen in right of Ontario are, will be or may be the owner of certain distinguishíng marks comprised of designs, trademarks and official marks which have come or will come to be associated with BCF-CC (all such current and future marks, being the "Licensed Marks"). 13.2 Acknowledgement in advertising and publicity. The Recipient agrees to acknowledge the Financial Assistance of the Senior Government to the Project in all advertising and publicity relating to the Project and in any construction signs and in any temporary or permanent tributes to Project donors by adhering to the Communications Requirements. 13.3 Use of Licensed Marks. ln consideration of receiving the Financial Assistance, the Recipient agrees to use the Licensed Marks as follows: a) the Recipient agrees to strictly use the Licensed Marks only as prescribed by the Communications Requirements and not to use any other mark or trademark in combination with any of the Licensed Marks without the prior written approval of the BCF-CC Management Committee. The Recípient agrees that it will not alter, modify, dilute or othenruise misuse the Licensed Marks; b) the Recipient agrees to submit to the BCF-CC Joint Secretariat copies of any advertisements or promotional materials containing the Licensed Marks for approval prior to any use thereof and to remove therefrom either any reference to the Licensed Marks or any element that the BCF-CC Joint Secretariat may from Page 16 of 37 Staff Report F2009-31 regarding Building Canada Fund Agreeme... Page 252 of 403 B CF - CC C o nt ri b uti o n Ag re e m e nt f o r I nf rast ru ct u re P roj e cts File# 23009 time to time upon reasonable notice designate; c) the Recipient agrees that it will not state or imply, directly or indirectly, that the Recipient or the Recipient's activities, other than those permitted by this Agreement, are supported, endorsed, or sponsored by the BCF-CC Joint Secretariat and upon the direction of the BCF-CC Joint Secretariat express disclaimers to that effect; and d) the Recipient agrees to promptly inform the BCF-CC Joint Secretariat of any suspected infringement of any Licensed Marks by a third party. 13.4 Cease using Licensed Marks. Whether or not the Recipient is in breach of this Agreement, forthwith upon any receipt by the Recipient of a written direction from the BCF-CC Joint Secretariat, the Recipient shall cease using the Licensed Marks, and without limiting the generality of the foregoing, will remove all signage and remove from circulation any use or reference to the Licensed Marks. 13.5 lndemníty. The Recipient hereby indemnifies the lndemnified Parties against any and all claims for death, illness, personal injury, property damage, improper business practices, or loss of any kind where such claims are in whole or in part premised upon the Recipient's Lise of the Lícensed Marks. SECTION 14 COVENANTS, REPRESENTATIONS AND WARRANTIES 14.1 Covenants, representations and warranties. The Recipient covenants, represents and warrants to the Government of Ontario that: a) it is conducting and shall conduct its business ín compliance with all applicable federal, provincial and municipal laws, and all rules, regulations, by-laws, notices, orders and approvals; b) it is conducting and shall conduct its business in compliance with allfederal requÍrements as outlined in Schedule "E;" c) it has authority and any necessary approvalto enter into this Agreement and to carry out its terms; d) it has or will apply for all permits, approvals, and licenses which are required in order to carry out the Project includíng, but not limited to, any approvals lawfully required under lhe Planning Act (Ontario), the Building Code Act, 1992 (Ontario), the Highway Traffic Act (Ontario), the Public Transportation and Highway lmprovemenf Acf (Ontario), the BridgesAcf (Ontario) and the Environmental Laws; e) it validly exists as a legal entity with full power to perform and obserue all of the terms and conditions of this Agreement; f) where applicable, it has passed by-laws required to undertake the Project; g) it is now and will continue to be compliant with all Environmental Laws; h) it owns or has a long-term lease (inclusive of any renewals) for the lands on Page 17 of 37 Staff Report F2009-31 regarding Building Canada Fund Agreeme... Page 253 of 403 BCF-CC Contribution Ag reement for I nf rastructu re P roj ects File# 23009 which the lnfrastructure is or will be located that expires no earlier than ten (10) years following Project completion; i) provided that the Recipient is not a municipality or a Crown Agency, A. it is not a non-resident of Canada within the meaning of the lncome Tax Act (Canada); B. is either a corporation, a paftnership or a sole proprietorship validly in existence; and C. is registered and qualified to do business wherever necessary to carry out the Project; j) it has the experience, financial health and ability to carry out this Project; k) if the Recipient is a Local Government or a Crown Agency, it has the requisite legislative authority to carry out the Project; l) other than the Financial Assidtance being provided pursuant to this Agreement, the Recipient has not and will not use any funds received from Her Majesty the Queen in right of Ontario or a Crown Agency towards any aspect of the Project. Notwithstanding the foregoing, the Recipient may use funds received from the Norlhern Ontario Heritage Fund for the purposes of carrying out the Project; and m) all information provided during the BCF-CC application process remains true, correct and complete in every respect except as set out to the contrary herein. n) all Third Parties will be required to comply with all of the same. 14.2 Representations and warrantíes true condition precedent for paymenf. Upon request, the Recipient shall provide OMAFRA with proof of the matters referred to in this Afticle. lt is a condition precedent to any payment under this Agreement that the representations and warranties under this Section are true at the time of payment and that the Recipient ís not in default of compliance with any terms of this Agreement. Where this is not the case, OMAFRA may, in its sole discretion, adjust the Financial Assistance for the Project. sEcTroN 15 DEFAULT, ENFORCEMENT AND TERMINATION 15.1 Event of Default. Each and every one of the following events is an "Event of Defaulf': a) if in the opinion of the Government of Ontario, the Recipient fails to conform or comply with any term or covenant contained in this Agreement to be pedormed or complied with by the Recipient; b) if in the opinion of the Government of Ontario any representation or warranty made by the Recipient in this Agreement or any certificate delivered to the Government of Ontario pursuant hereto shall be materially untrue in any respect; c) if an order shall be made or an effective resolution passed for the winding up, or Page 18 of 37 Staff Report F2009-31 regarding Building Canada Fund Agreeme... Page 254 of 403 BC F-CC Contribution Ag reem ent f o r I nf rastructu re P roj ects File# 23009 liquidation or dissolution of the Recipient or the Recipient is otherwise dissolved or ceases to carry on its operation; d) if the Recipient uses any of the Financial Assistance for a purpose not authorized by this Agreement without the prior written consent of the Government of Ontario; e) if the Recipient admits in writing its inability to pay its debts generally as they become due, voluntarily suspends transactions of its usual business, becomes insolvent, bankrupt, makes an assignment for the benefit of its creditors, or a receiver or manager, court appointed or othen¡uise, is appointed for its assets or if the Recipient takes the benefit of any statute from time to time in force relating to bankrupts or insolvent debtors; f) if in the opinion of the Government of Ontario a material adverse change occurs such that the viability of the Recipient as a going eoncern is threatened in the opinion of the Government of Ontario, acting reasonably; g) if in the opinion of the Government of Ontario the Recipient ceases to operate; h) if the Recipient fails to begin the Project within six (6) months after the date of this Agreement, or, in the opinion of the Government of Ontario, the Recipient has failed to proceed diligently with the Project or abandons the Project in whole or in part, or the Recipient is otherwise in default in carrying out any of the terms, conditions or obligations of this Agreement, except where such failure is due to causes which, in the opinion of the Government of Ontario are beyond the control of the Recipient; i) ¡f the Recipient has submitted false or misleading information to OMAFRA; or j) the Recipient and/or any of its Consultants ancl/or any of their respective advisors, partners, directors, officers, employees, agents and volunteers has breached the requirements of Section 12 (Conflict of lnterest and Confídentiality). 15.2 Waiver. OMAFRA may, at any time, waive any Event of Default which may have occurred provided that no such waiver shall extend to, or be taken in any manner whatsoever to affect, any subsequent Event of Default or the right to remedies resulting therefrom, and that no such waiver shall be, or shall be deemed to constitute, a waiver of such Event of Default unless such waiver is in writing from OMAFRA. 15.3 Remedies on detault. Notwithstanding any other rights which the Government of Ontario may have under this Agreement, if an Event of Default has occurred, the Government of Ontario shall have the following remedies provided only that in the case of an Event of Default which, in the opinion of OMAFRA in its sole discretion, is curable, OMAFRA has first given written notice of the Event of Default to the Recipient and the Recipient has failed to correct the Event of Default within 30 days or such period of time as OMAFRA may consent to in writing: a) OMAFRA shall have no further obligation to provide any Financial Assistance for the Project; b) the Government of Ontario may, at its option, terminate this Agreement and OMAFRA may, in íts sole discrelion, adjust the Financial Assistance. The total Page 19 of 37 Staff Report F2009-31 regarding Building Canada Fund Agreeme... Page 255 of 403 BCF-CC Contribution Agreement for lnfrastructure Projects File# 23009 amount of Financial Assistance shall be immediately due and payable by the Recipient and bear interest at the then-current interest rate charged by the Government of Ontario on accounts receivable; and c) the Government of Ontario may avail itself of any of its legal remedies that it may deem appropríate. 15.4 AddÍtlonal remedies. ln addition to the remedies described in Section 15.3, the Government of Ontario may commence such legal action or proceedings as it, in its sole discretion, may deem expedient, without any additional notice under this Agreement. The rights and remedies of the Government of Ontario hereunder are cumulative and in addition to, and not in substitution for, all other rights or remedies otherwise available to the Government of Ontario. 15.5 Terminatíon wíthout cause. Notwithstanding anything else contained herein, the Government of Ontario reserves the right to terminate this Agreement without cause upon such conditions as the Government of Ontario may require, with a minimum of seven (7) days written notice to the Recipient. lf the Government of Ontario terminates this Agreement prior to its expiration, the Government of Ontario, subject to all of the Government of Ontario's rights under this Agreement, including, without limitation, OMAFRA's right to adjust the Financial Assistance prior to its expiration, shall only be responsible for the payment of Financial Assistance on the portion of the Project completed and Eligible Costs already incurred and paid at the time of such termination provided that the Recipient provides a repoft to OMAFRA that meets the requirements of a Progress Reporl. Such report must be received by OMAFRA within three (3) months of notice of termination being given to the Recipient pursuant to this Section. sEcTroN 16 NOTICE l6.l Notice. Any demand, notice or communication to be made or given hereunder shall be in writing and may be made or given by personal delivery or mailed by first class registered mail, postage prepaid or by transmittal by facsimile, telecopy, email or other electronic means of communication addressed to the respective parties as follows at the addresses set out in Schedule "F'attached hereto or to such other person, address, facsimile number, telecopy number or email address as either party may from time to time notify the other in accordance with this Section. Any demand, notice or communication made or given by personal delivery shall be conclusively deemed to have been given on the day of actual delivery thereof. Any demand, notice or communication made or given by facsimile, email or other electronic means of communication, if made or given at a time when it would be received by the Recipient during its normal business hours on a Business Day, shall be deemed to be received at the time it is sent; otherwise, such electronic communication shall be deemed to be received on the first Business Day following the transmittalthereof. Any demand, notice or communication mailed by registered mail shall be deemed to have been received on the third Business Day following the day on which it was mailed. 16.2 Representatives. The indivíduals identified pursuant to Section 16.1 above will, in the first instance, act as the Government of Ontario's or the Recipient's, as the case may be, representative for the purpose of implementing this Agreement. Page 20 of 37 Staff Report F2009-31 regarding Building Canada Fund Agreeme... Page 256 of 403 B C F- CC Co nt ri buti o n A g re e m e nt f o r I nf rast ru ct u re P roj e cts File# 23009 sEcïoN r7 MISCELLANEOUS 17.1 Terms binding. The Recipient shall take all reasonable measures to ensure that its officers, directors, partners, employees, agents and the Consultant shall be bound to observe all of the terms and conditions of this Agreement, including, but not limited to all covenants, representations and warranties set out herein. The Recipient shall include in all of its Contract(s) terms and conditions similar to and not less favourable to the Government of Ontario than the terms and conditions of this Agreement to the extent that they are applicable to the work subcontracted, including but not limited to the requirements of Section 7.4 o'Í this Agreement. 17.2 Time is of the essence. ln the performance and observance of the terms and conditions of this Agreement, time is of the essence and no extension or variation of this Agreement shall operate as a waiver of this provision. The Government of Ontario shall not be liable for any liquidated damages as a result of working days extensions. 17.3 Successors and assigns. This Agreement shall ensure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, administrators, successors and permitted assigns. 17.4 Severability. The validity or enforceability of any provision of this Agreement shall not affect the validiÇ or enforceability of any other provisions hereof and such invalid or unenforceable provisions shall be deemed to be severable. 17.5 No waÍver. The failure by the Government of Ontario to insist in one or more instances on performance by the Recipient of any of the terms or conditions of this Agreement shall not be construed as a waiver of the Government of Ontarío's right to require further performance of any such terms or conditions, and the obligations of the Recipient with respect to such performance shall continue in full force and effect. 17.6 Division of Agreement. fhe division of this Agreement into schedules, articles, sections, clauses, paragraphs and the insertion of headings are for the convenience of reference only and shall not affect the construction or interpretation of this Agreement. 17.7 Governing law. This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable in Ontario. 17.8 Survival. The following schedules, sections and provisions of this Agreement shall survive the expiration or early termination hereof: Section 4 (Financial Assistance), Section 6 (Reporting Requirements), Section 7 (Records and Audit), Section 8 (Overpayment), Section 10 (lndemnity), Section 11 (Transfer and Operation of lnfrastructure), Section 12 (Conflict of lnterest and ConfidentialiÇ), Section 13 (Communications and Recognition), Section 14 (Covenants, Representations and Warranties), Section 15 (Default, Enforcement and Termination), Section 5.8 (Long-term capital management plan) and Section 17.11 (lnterest) of Schedule "4"; Schedule "E"; Schedule "F" (useful life of Project lnfrastructure); and Schedule "G" (the Recipient's obligation to maintain a permanent plaque in cases where it is necessary to install a permanent plaque). 17"9 No assignment. This Agreement shall not be assigned by the Recipient. The Government of Ontario may assign this Agreement on written notice to the Recipient. Page 21 of 37 Staff Report F2009-31 regarding Building Canada Fund Agreeme... Page 257 of 403 EC F-CC Contribution Agreem ent for I nf rastructure P rojects File# 23009 17.10 No Amendment This Agreement shall not be varied or amended except by a document in writing, dated and signed on behalf of the Province and the Recipient. 17.11 Interest. OMAFRA reserves the right to demand interest on any repayment of Financial Assistance owing by the Recipient under the terms of this Agreement at the then-current interest rate charged by the Government of Ontario on accounts receivable. The Recipient shall pay the amount of interest owing upon receipt of a written demand and within the period specified by OMAFRA. 17.12 Ministry and Becipient independent. Nothing in this Agreement shall be deemed to constitute the Recipient an employee, servant, agent, partner of or in joint venture with the Government of Ontario for any purpose whatsoever. 17.13 Recípient cannot represent the Seníor Governmenf. The provision of Financial Assistance to the Recipient pursuant to this Agreement is for the sole purpose of, and is limited to, carrying out the Project. The Recipient warrants and agrees that under no circumstances shall it enter into any contract or commitment in the name of or on behalf of the Government of Ontario and/or the Federal Government. The Recipient acknowledges and agrees that it is not by the terms of this Agreement or otherwise, granted any right or authority to assume or create any obligation or responsibility, express or implied, on behalf of or in the name of the Government of Ontario and/or the Federal Government, to act as an agent of the Government of Ontario and/or the Federal Government, or to bind the Government of Ontario and/or the Federal Government in any manner whatsoever other than as specifically provided in this Agreement. 17.14 Consultanfs. The Government of Ontario acknowledges that, in connection with carrying out the Project, the Recipient may engage one or more Consultants. The Government of Ontario acknowledges and agrees that the Recipient shall have the sole authority and responsibility for such employees, agents or Consultants, including their hiring and termination. The Recipient acknowledges and agrees that the Recipient shall be responsible for all acts and actions of the Recipient's employees, agents and Consultants and that all such acts and actions shall be treated as actions of the Recipient for the purposes of this Agreement. 17.15 Lobbyists and Agent Fees. The Recipient warrants that any person hired, for payment, or to speak or correspond with any employee or other person representing the Recipient, concerning any matter relating to the contribution under this Agreement or any benefit hereunder and who is required pursuant to the Lobbying Act, as amended, is registered pursuant to that Act. The Recipient also warrants that it has not and nor will it make a payment or other compensation to any legal entity that is contingent upon or is calculated upon the contribution hereunder or negotiating the whole or any part of the terms of this Agreement. 17.16 Cooperation. The Government of Ontario and the Recipient agree to cooperate with one another and will be frank, candid and timely when dealing with one another and will endeavour to facilitate the implementation of this Agreement. 17.17 Data. The Recipient agrees that the Government of Ontario may, in its sole discretion, gather and compile information and data required under this Agreement and disclose such information and data to the Federal Government. Page 22 of 37 Staff Report F2009-31 regarding Building Canada Fund Agreeme... Page 258 of 403 BCF - CC Co nt ri b ut i o n Ag re e m e nt fo r I nf nstr u ct u re F roj e els 17.18 Príority. Where there is a conflict between one or more of the schedules of this Agreement, the following order of priority shall apply: Schedule "It'', Schedule "C", Schedule "B'and all other schedules. . END OF GENERAL TERMS AND CONDITIONS - File# 23009 Page 23 of 37 Staff Report F2009-31 regarding Building Canada Fund Agreeme... Page 259 of 403 BC F-CC Contribution Ag reem ent for I nf rastructure P rojects File# 23009 SCHEDULE "B" DESCRIPTION OF THE PROJECT BCF.CC FILE #23009 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM WORK DESCRIPTION: The Municipality of Bayham proposes upgrades to the water distribution system that provides services to two villages within the Municipality. The renewal of the water distribution system is limited to the villages of Port Burwell and Vienna and the mains that loop the two areas together. This is the local portion of the distribution system and is fully contained within the municipality's borders. The remainder of the distribution system crosses three neighbouring municipalities and is not a part of this project. Specifically, the project will replace service saddles, valves, curb stops and hydrants, along with the associated road and landscaping restoration. Page 24 ot 37 Staff Report F2009-31 regarding Building Canada Fund Agreeme... Page 260 of 403 BCF-CC Contribution Ag reem ent fo r I nf rastructu re Frojects File# 23009 SCHEDULE "C" ELIGIBLE AND INELIGIBLE COSTS ELIGIBLE COSTS C.l. Subject to Section C.2, Eligible Costs will be all direct costs which are in OMAFRA's opinion properly and reasonably incurred and paid by the Recipient for an eligible investment under a contract for goods or seruices necessary for the implementation of the Project. Eligible Costs will include only the following: a) the capital costs of acquiring, constructing or renovating a tangible capital asset, as defined and determined according to Generally Accepted Accounting Principles; b) the costs of joint communication activities (press releases, press conferences, . translation, etc.) and road signage recognition as described in SchedLrle "G"; c) all pfanning (including plans and specifications) and assessment costs such as the costs of environmental planning, surveying, engineering, architectural supervision, testing and management consulting services, to a maximum of 15"/" of total eligible costs or 15% oÍ the federal contribution, whichever is less; d) the costs of engineering and environmental reviews, including environmental assessments and follow-up programs as defined in the Canadian Environmental Assessment Act and the costs of remedial activities, mitigation measures and follow- up identified in any environmental assessment; e) the costs of Project-related signage, lighting, Project markings and utility adjustments; f) costs of First Nations consultation process; g) the costs of developing and implementing innovative techniques for carrying out the Project; h) Recipient audit and evaluation costs as specified in this Agreement; i) other costs that, in the sole opinion of OMAFRA, are considered to be direct and necessary for the successful implementation of the Project and have been approved in writing prior to being incurred; and j) for Collaborative Projects the costs of planning, developing, and implementing: (i) studies, strategies, or systems related to infrastructure integrated asset management, which may include software acquisition and implementation; (ii) studies, strategies, or systems related to infrastructure demand management; (¡i¡) feasibility studies for specific infrastructure Projects which at the time of the study are not being actively considered for funding under the BCF-CC; Page 25 of 37 Staff Report F2009-31 regarding Building Canada Fund Agreeme... Page 261 of 403 BCF-CC Cont ribution Ag reement for I nf rastructu re P rojects File# 23009 (iv) training directly related to an eligible subcategory; and (v) provincial long{erm infrastructureplans. Collaborative Project costs may include incremental training, travel, salaries and other employee benefits of employees of the recipient directly engaged in these activities, as well as the costs of adapting methodologies and technologies, software acquisition and implementation, or other costs that are direct and necessary for the successful implementation of a Project and that have been approved in advance, and in writing, by the Oversight Committee. C.2. INELIGIBLE COSTS ïhe following costs are ineligible for Financial Assistance: a) costs incurred before February 13,2009; b) costs incurred after the Project completion date; c) the cost of developing a business case or proposal for funding; d) the cost of purchasing land and associated real estate and other fees; e) financing charges and interest payments on loans; f) leasing land, buildings, equipment and other facilities; g) general repairs and maintenance of a Project work and related structures, unless they are part of a larger capital expansion Project; h) seruices or works normally provided by the Recipient, incurred in the course of implementation of the Project, except those specified as eligible costs; the cost of any goods and services received through donations or in kind; employee wages and benefits, overhead costs or other direct or indirect operating, maintenance and admínistrative costs incurred by the Recipient, and more specifically costs relating to services delivered directly by permanent employees of the Recipient, or of a Crown corporation or corporation owned and controlled by the Recipient except as per Section 8.1 j) and k) above or in cases where the Recipient can demonstrate value for money and that the costs are incremental; provincial sales tax and Goods and Services Tax, for which the recipient is eligible for a rebate, and any other costs elígible for rebates; costs associated with that portion of the works identified in Schedule "8" as being specifically excluded from the Project; and i) i) k) m) legalfees. Page 26 of 37 Staff Report F2009-31 regarding Building Canada Fund Agreeme... Page 262 of 403 BCF-CC Contribution Agreement for I nfrastructure F rojects SCHEDULE "D" FINANCIAL ASSISTANCE 'File# 23009 Total Eligible Costs: $2,162,845 Federal Maximum FinancialAssistance: $720,948 Ontario Maximum FinancialAssistance: $720,948 Maximum Financial Assistance: $1,441,896 OMAFRA will hold back 1O% of the Maximum Financial Assistance, the release of which shall be contingent on submission of the Recipient's Final Report detailing the progress and status of the Project and substantiating that the Project has been Substantially Performed. Such report must contain the information required in the Final Repoft as set out in Section 6.3 of Schedule "A" of this Agreement. OMAFRA is not obligated to pay interest on the holdback or any other payments under this Agreement. MINISTRY COLLABOBATES WITH CLIENT ON AN APPROPRIATE PROJECT SCHEDULE Page27 of 37 Staff Report F2009-31 regarding Building Canada Fund Agreeme... Page 263 of 403 EC F-CC Contribution Ag reement fo r I nf rastru ct ure P rojects File# 23009 SCHEDULE "Ê'' FEDERAL REQUIREMENTS OMAFRA and the Recipient agree to the following Federal Requirements: 1. The Recipient acknowledges and agrees that the amount of Financial Assistance being provided by OMAFRA is dependent on the Government of Ontario receiving funds for the Project from the Federal Government. Should the Government of Ontario not receive the funds it expects to receive in relation to the Project from the Federal Government, OMAFRA may, in its sole discretion, adjust the Financial Assistance being provided to the Recipient pursuant to this Agreement (including, without limitation, requiring repayment of Financial Assistance already paid to the Recipient). 2. The Recipient shall indemnify and hold harmless Canada, its officers, servants, employees or agents, from and against all claims and demands, loss, damages, costs, expenses, actions, suits or other proceedings by whomsoever made, sustained, brought, prosecuted, threatened to be brought or prosecuted in any manner, based upon, occasioned by any injury to persons, damage to or loss or destruction of propefty, economic loss or infringement of rights caused by or arising directly or indirectly from: a) the Project or the System; b) the performance of this Agreement or the breach of any term or condition of this Agreement by the Recipient, its officers, employees and agents, or by a third party, its officers, employees or agents; c) any omission or other willful or negligent act of the Recipient, its employees, officers or agents; Except to the extent to which such claims and demands, losses costs, damages, actions, suits or other proceedings relate to the act or negligence of an officer, employee or agent of Canada in the performance of his or her duties. 3. The Recipient fuñher agrees to indemnify and hold the Federal Government, its directors, officers, employees and agents, for any incidental, indirect, special or consequential damages, or any loss of use, revenue or profit, which the Federal Government, its directors, officers, employees and agents may incur, othenruise than by reason of their own negligence or wilful misconduct, as a result of or arising out of or in relation to any breach by the Recipient of the terms of this Agreement, or the Recipient's own negligence or wilful misconduct. 4. The Recipient acknowledges that the provisions of the Access to lnformation Act (Canada) and the Privacy Act (Canada) and regulations thereunder bind Her Majesty the Queen in rÍght of Canada. 5. The Recipient acknowledges that the Federal Government is or will be the owner of ceftain distinguishing marks comprised of designs, trademarks and official marks in relation to BCF- CC (the "Federal Licensed Marks") and the Recipient is subject to the requirements of Page?9 o137 Staff Report F2009-31 regarding Building Canada Fund Agreeme... Page 264 of 403 BCF-CC Cont ribution Ag reem ent for I nf rastructure P roj ects File# 23009 Section 13 (Communication and Recognition) of this Agreement, with appropriate changes, in relation to the Federal Licensed Marks. 6. No member of the House of Commons or of the Senate of Canada shall be admitted to any share or part of any contract, agreement or commission made pursuant to this Agreement or to any benefit arising therefrom. 7. Notwithstanding any provisions of this Agreement, all obligations of Canada incurred by virtue of this Agreement shall be subject to the Financial Administration Act (Canada). 8. All of the provisions of this Schedule "E" shall survive the expiration or early termination of this Agreement. 9. Pursuant to the requirements of the Canadian Environmental Assessment Act, the Recipient will follow the general environmental mitigation measures outlined in the document entitled "Screening under the Canadian Environmental Assessment Act" and any Project-specific environmental mitigation measures as communicated to the Recipient by the Federal Government. 10. The Recipient acknowledges and agrees that the Federal Government may, in its sole discretion, exercise OMAFRA's right to monitor the Project, peform audits and/or gather data pursuant to the terms and conditions of this Agreement. 11. The Recipient warrants that: a) it has not, nor has any person on its behalf, paid or provided or agree to pay or provide, to any person, directly or indirectly, a commission, contingency fee or any other consideration (whether monetary or otherwise) that is dependant upon the execution of the Agreement or the person arranging a meeting with any Public Office Holder as defined in the Lobbying Act; b) it will not, during the term of this Agreement, pay or provide or agree to pay or provide to any person, directly or indirectly, a commission, contingency fee or any other consideration (whether monetary or otheruvise) that is dependant upon the person arranging a meeting with any Public Office Holder; c) any person who, for consideration, directly or indirectly, communicated with or arranged a meeting with any Public Office Holder, in respect of any aspect of this Agreement, prior to the execution of the Agreement, was in Qompliance with all requirements of the Act; d) any person who, for consideration, directly or indirectly, during the term of this Agreement and in respect of any aspect of this Agreement, communicates with or arranges a meeting with any Public office Holder will be in compliance with all requirements of the Act; and e) at all relevant time the Recipient has been, is and will remain in compliance with the Act. Page 29 ot 37 Staff Report F2009-31 regarding Building Canada Fund Agreeme... Page 265 of 403 BCF-CC Contribution Agreement for Infrastructure Projects File# 23009 SCHEDULE3'F'' ADDITIONAL PROVISIONS The Government of Ontario and the Recipient agree to the following additional provisions: 1 . Further to Section 16 of Schedule "4" hereto, notice can be given at the following addresses: (a) lf to OMAFRA: Ministry of Agriculture, Food and Rural Affairs 1 Stone Road West, 4th Floor Guelph, Ontario N1G 4Y2 Phone: 1-888-466-2372Fax: (519) 826-4336 E-Mail: bcf.cc@ontario.ca Attention: Dino Radocchia, Manager (b) If to the Recipient: Municipality of Bayham P.O. Box 160 9344 Plank Road Straffordville, Ontario NOJ 1YO Phone: (519) 866-5521 Fax: (519) 866-3884 E-Mail: bayham @bayham.on.ca Attention: Kyle Kruger, Administrator 2. Other provisions: 3. Other Reporting Requirements: 4. Useful Life of Project lnfrastructure: [i.e., no. of years] Page 30 of 37 Staff Report F2009-31 regarding Building Canada Fund Agreeme... Page 266 of 403 BCF-CC Cont ributi on Ag reem ent for I nf rastructu re Proj ects File# 23009 SCHEDULE T'G'' COMM UNICATIONS REQUIREM ENTS Unless specified otherwise in Schedule "F", for the purposes of this Schedule "G" the Recipient shall follow these communications requirements. Purpose of Schedule This Schedule describes the Recipient's responsibilities and financial obligations involved in the joint communications activities and products for the Project to recognize the contributions of the Government of Canada, the Government of Ontario and the Recipient. General Principles The Becipient agrees to work with BCF-CC officials and other partners to undertake communication actívities for the Project in an open, effective and proactive manner, ensuring equal recognition of all pafties making a significant financial contribution to the Project. All parties making a significant financial contribution to the Project will receive equal recognition and prominence when logos, symbols, flags and other types of identification are incorporated into events, signs and plaques unless the BCF-CC Joint Secretariat specifies otherwise. All events, signs and plaques will follow these Communications Requirements and any other requirements that may be specified by the BCF-CC Joint Secretariat from time to time. Both official languages will be used for public information, signs and plaques in accordance with the Official Languages Act. The Recipient may produce information kits, brochures, public reporls and Web pages providing information on the Project and Agreement for private-sector interest groups, contractors and members of the public. The Recipient will consult with the Governments of Canada and Ontario in preparing the content and look of all such material. All communications referencing the Governments of Canada and Ontario must be approved. Events The Recipient agrees that all Project-related milestone events, such as groundbreaking and ribbon-cutting ceremonies, will be organized in cooperation with the Governments of Canada and Ontario and any other parties making a significant financial contribution to the Project. The Recipient will coordinate a mutually agreeable venue, date and time for the event in light of the avaílability of all participants. Unless agreed to in advance, no event should take place without at least fifteen (15) working days' notice to all Parties. The Recipient may invite other elected officials and members of couneil. The Recipient should also invite local interested parties, such as contractors, architects, labour groups, and community leaders as early as possible, and in consultation with the Governments of Canada and Ontario, prior to the event. Page 31 of37 Staff Report F2009-31 regarding Building Canada Fund Agreeme... Page 267 of 403 B àF-CC Contribution Agreem ent for I nf rastrucl u re P roj ects File# 23009 All written communications (invitations, public seruice announcements, posters, etc.) must indicate that the Project received Financial Assistance from the Governments of Canada and Ontario under the BCF-CC. The Governments of Canada and Ontario will assist the Recipient in developing an agenda, news release, etc. All parties will approve and receive final copies. Federal, provincial and municipalflags should also be on display at all BCF-CC events. The Table of Precedence for Canada, as established by Canadian Heritage (http://wwr,v.pch.gc.calpgm/ceem-cced/prtcl/precedence-eng.cfm), or some other mutually acceptable protocol should be respected. Siqns and Plaques The Recipient agrees to produce and install temporary and permanent Project signage to communicate the nature of the Project and the involvement of the Governments of Canada and Ontario and the Recipient, as outlined in the BCF-CC Style Guide. Generally, the Recipient must ensure that. s¡gnage wording is in both official languages; the Government of Canada can provide French translation services;. official designs and logos of the Governments of Canada and Ontario and the Recipient are used, are of the same size and occupy the same amount of space; and,. arìv other message, as well as specifications on signage and timeframe for installation, are approved by the BCF-CC Joint Secretariat. The Recipient must ensure that proofs of all Project signs and plaques are approved by the BCF-CC Joint Secretariat before installation. A BCF-CC Style Guide and digitaltemplates will be made available on the BCF-CC website at www.BCFontario.ca. For more information, please contact the BCF-CC Joint Secretariat at 1- 888-466-2372. Eliqible Costs The Recipient will pay the costs of preparing and delivering communications activities and products, including the organization of special events and the production of signage. These costs are deemed to be Eligible Costs under the Agreement as specified below. For the purposes of events, Eligible Costs include the following: . Printing and mailing invitations. Light refreshments, such as coffee, tea, juice, donuts, muffins, snacks. Draping for plaque unveiling. Project materialfor display and/or media kit. Temporary signage¡ Rentals such as:. flagpoles. stage Page 32 oÍ 37 Staff Report F2009-31 regarding Building Canada Fund Agreeme... Page 268 of 403 B CF - CC C o ntributi o n Ag re e m e nt f o r I nf rast ru ct u re P roJ e ct s File# 23009 o chaírso podium. PA system The cost of certain items such as alcoholic beverages, china, tents, waiters, guest mileage or transportation, wine glasses, lamps, tea wagons, plants, photographers and gifts are not Eligible Costs. For the purposes of signage, Eligible Costs include the following:- Maximum costs of $2,250 for a small sign and $4,250 for a large sign- Maximum costs of $2,500 for a permanent plaque Page 33 of 37 Staff Report F2009-31 regarding Building Canada Fund Agreeme... Page 269 of 403 ntario ,"T'Jfinr,il,1ti"îlxãî?#;Ti:*J:tîsT,r.ïi,iihgiåggJrr RECIPIENT EXPENDITURE REPORT Recipient Name: File Number: Gontract Status: Prepared By: Phone Number: Report Date: NOTES: Staff Report F2009-31 regarding Building Canada Fund Agreeme... Page 270 of 403 BC F-CC Contribution Ag reement for I nf rastructure P rojects SCHEDULE "I'' PROGRESS REPORT File# 23009 Canadä Building Canada Fund - Communities Component (BCF-GC) Fonds chantiers Canada-Ontario Le volet Collectivités (FCC-VG) Progress Repoft Rapport sur l'état d'avancement des travaux Report #/ Rapport n" _ of / de File#/Dossiern' Project Start Date I Dale de début du projet : Project End Date / Dale de fin du projet : Recipient Name / Nom de la bénéficiaire : Estimated '/" of Project Completion / Estimation du pourcentage des travaux réalisés : -"/"Description of Activities During this Period / Description des activités pendant cette période: : Communications Requirements / Besoins en matière de communication : lssues / Points à souligner : Signature / Signature:Date / Date: Page 35 of 37 Staff Report F2009-31 regarding Building Canada Fund Agreeme... Page 271 of 403 BC F-CC Contribution Agreem ent fo r I nf rast ructu re p roj ects File# 23009SCHEDULE '¡J''CLAIM REPORT #=o*r,roo _ Building Canadä Fund - Çommunit¡es çompgnent (BCF-GC) Claim Statement Demande.,de rembousement - Fonds chantiers Cañada-Ontario Le voletÇollectivités (FCC_VC.I tÊciÞiany8¿h¡fßåk. "bJçcfqhinr:/ No dê,h denândê d¡ embóusemênt pourlcprojél ¡þjèct Reprèsettalive,/ RépréSentânl(ê) du pnjel 'cnoq çovÇ¡ed by bts Cl¡ln / Pedodè vlséo parla domande rEm , De Tô ¡À tè¡éþhonê *,/ No dê téléphone :AX.#7 Nq dEtéléco9iêur ,þj.cla / No dqÞrojét trojsct N amþ /. N om du proj6t inal Claim (fes^lo) / Oèm¡nde lnale (Ouiî',¡on) Prrt 3 - C9nñrmrttioh,gf Pgy.mmt of lnygicc on Frlor cla¡mq 3 - çgn'tt.rnàtlo fù{p. É¡iiiri.aôt.dc¡, f.ctui?r yll!¡ p¡r lçi tåmÞour.êméqf Pàrt 4 -Summdy ofCols lncurod to Dùt. - çonm¡rc d.6drpånsos 6ngâgó.ç ò cr lour Farl 5 - Prov¡nclal Usoronly Iol¿l ofAll Invòlc.ts.Clahiêd folthis prójecl /Total de ofåll lnvolcês Cta¡meq and Pa¡d by.tho Reciplent / deþubs hs fact0GsjdÈçlaréès et.payées.par le de tgutèi5 lgsfactures'déclaréês maìs non payées par Page 36 of 37 Staff Report F2009-31 regarding Building Canada Fund Agreeme... Page 272 of 403 BCF-CC Contribution Agreement for I nf rastru ctu re p roj ects File# 23009SCHEDULE f'K''FINAL REPORT Canadä Fbnffinilo Building Canada Fund - Communities Component (BCF-GC) Fonds chantiers canada-ontario Le votet Gollectivités (Fcc.vc) FINAL REPORT,RAPPORT IINALE autor Name/Norn Date/Date TitlÉrTilre I certifl¡ th¡t the nèmÈd prsieq¡ hâs beÈn completed in ¿DcÞrdânce with thÈ Bu¡lding Cànâdå Fund - Commun¡ties Eomponent Eonlriþution AgreÊment ¡nd lhè1, whrre ¡pplicàble. ¿ll ¡dentified environment¡l m¡tig¡lian me¿sures ha!Ë been s¿lisf¿ctoril! ¡ddre5eed ¡nd th3t supporting inuolces ¿nd records are àp¿iþble Íor èud¡t, if requ¡red. J'affirme par la présentÊ q'JÈ le pro¡rt nommé ð étÉ tÉ¡rrinÁ conformément à l,¿ccord Fonds ch¡ntiers Cår¡dð-Ont¡r¡ú Le !trlet Cellêcti!itÉ5 municipal et qur, l+ cas icháånl. loutes lÉE mesures d,¡lténuàtion enuironnrmÈnr¿les nLìmrrées ont ÉrÉ ¿dressóÈs dÈ fitlìn iccept¿blÈ9 et quÈ les fåcùres et documents d'¡ppui sant disporribÞs à des fins de vÉrifio¿tion. :rlqnalufe 'NOTE: lf lheàctuôloosts are20zless of gre¡tet th¿nthe est¡måted costsfor ¡n!, of thÈ ôbo$e cètegories,Flsåie ¿lt¿ch ¡n erF,l¿nat¡Èrr of lhe v¿r¡èr¡De far Èåch, Pñrt I - Prù¡ëct lnformrt¡on / Prrtie 1 - Ínformot¡on sur le <e clp tenuHen elt ctare Ie NumþeíNumero de dossler rro¡ect Name/Nom du projel :ligible Proiect Cost/Coût admissible du projet $ I otal Project Costrcouttolal du projet $ Pan z - Frnal Reporl lfifofmat¡ontPartie 2 - lnfof malion du f oppùrt f¡nal Breåkdom ol Proiect costs(cåt.gories ¡s per sc¡"¿uffi Égoriesselon l'¡nnÊre 2 de lå dËmðndeì =nq¡neer¡n 0/Desi 0n Costs / lnoénieri e $JROSS PROJECT TOTAL J ]ROJET BRUT TOTAL $ =nvlronmsnlal ASS gSSment Uosls/ CoÛt de l'évaluation environnementale Less O.S.T. Rebale J Moins remboursemenl de la T,P.S Pro¡ect Manaoemenl/ Oestion de oroiel {ET PROJECT TOTAL / ]ROJET NET TOÏAL Construction Projsct Stan Date / Date du début du þrDiet Ì\4iscslleneous / D¡vers ProjÈDt ComplÈtron Dete / Date de la fln du Froiet P.S,T. /T.V.F. O,S T. /T.P S. cont¡nue nttoD of r¡qm. si.le - Dart 2 ¡ su¡te de ¡a Dartie 2. en haut à droite Page 37 of 37 Staff Report F2009-31 regarding Building Canada Fund Agreeme... Page 273 of 403 Staff Report F2009-31 regarding Building Canada Fund Agreeme... Page 274 of 403 CORPORATION OF THE MIII\ICIPALITY OF BAYHAM STAFF'REPORT TO: Mayor & Members of Council FROM: Administrator SUBJECT: Performance Appraisal Program DATE: April7,2009 FILE: H NUMBER= H2009-07 Purpose This report is to adopt an updated Performance Appraisal Program for municipal employees. Background As part of the Strategic Plan process, one of the established goals is dedication to service excellence. Under this goal, a strategic priority was established to link the Performance Evaluation program to the Strategic Plan. A new Performance Appraisal Program as attached to this report has been developed, which updates the current process and does link to the Strategic Plan. Staff Comments The revised Performance Appraisal Program includes direct links to Strategic Plan goals and priorities, as well as measures of general performance. The new Program is recommended to Council for adoption. Attachments l. Municipality of Bayham Confidential Performance Appraisal Program Strategic Plan Goal(s) 1. Goal #4 -Be dedicated to service excellence. Recommendation That the Bayham Confidential Performance Appraisal Program as attached to report H2009- 07 be adopted. Kyle Staff Report H2009-07 regarding Performance Appraisal Progra... Page 275 of 403 Municipality of Bayham Confidential Performance Appraisal Obiectives The objective of the Performance Appraisal is to: 1. Review and discuss the perforrnance of the employee relative to the duties, responsibilities and requirements of the position as outlined in the position description. 2. Establish specific performance objectives for the review period and determine the extent to which those objectives have been achieved at the close of the review period. Performance objectives must link to achievement of the Municipal Strategic Plan Goals and Strategic Priorities andlor intemal operational priorities, and must have measurable outcomes. Process Date of Appraisal Performance appraisals will be conducted prior to the end of an employee's probationary period and annually thereafter. Conduct of Appraisal Appraisal for senior staff shall be conducted by the Administrator and for support staff shall be conducted by the most appropriate department head. The appraisal for the Administrator shall be conducted by Council, or by selected members of Council. Position Descriptions The Employee and the supervisor will review the employee's cuffent job description as part of the Performance Appraisal. Any recommended amendments to the job description shall be submitted to the Administrator. lnterview/Appraisal The appraisal interview shall be conducted between the employee and the supervisor to discuss the performance in detail. The review should include expected performance levels to carry out the duties of the position, indicate positive aspects of the employee's performance, identifi methods and means of improving identified areas of performance, and establish goals of the employee. Goals/Objectives Performance objectives established must link to achievement of the Municipal Strategic Plan Goals and Strategic Priorities andlor internal operational priorities, and must have measurable outcomes. Progress on the specific objectives should be monitored on an on-going basis and Staff should advise their supervisor of any obstacles encountered that may inhibit their ability to achieve the objectives promptly. Signatures/Copies The completed appraisal form shall be signed by both the employee and the supervisor. The employee shall be provided a copy of his/her signed appraisal form and one copy shall be submitted to the Administrator to be placed in the employee's personnel file. Appeal An employee who feels that their overall rating does not represent a fair or objective performance appraisal may refer the matter to the Administrator for further consideration. [n the case of senior staff, they may refer the matter to Council for consideration. Confidential Performance Appraisal Staff Report H2009-07 regarding Performance Appraisal Progra... Page 276 of 403 ality of Bry Staff Report H2009-07 regarding Performance Appraisal Progra... Page 277 of 403 SECTION 1: PERFORMANCE OBJECTMS INSTRUCTIONS: THIS SECTION TS TO BE USED TO MEASURE ACHIEVEMENT OF AGREED UPON PERFORMANCE OBJECTIVES ESTABLISHED. At beginning of review period, identif, and list the performance objectives that are to be accomplished during the review period. Theseobjectives should be new initiatives; change initiatives; andlor on-going maintenance objectives. They should be challenging, realistic and consistent with the Municipal strategic goals and priorities. Results should be reviewed at the end of the review period. RESULTS ACHIEVED DURING THIS REVIEW PERIOD: Confi dential Performance Appraisal 3 PERFORMANCE OBJECTIVES ESTABLISHED AT BEGINNING OF REVIEW PERIOD GOAL AND STRATEGIC PRIORITY STATUS OF COMPLETION AND RESULTS ACHIEVED Degree of completion (7o-age): Degree of completion ("/o-age): Degree of completion (Vo-age): Degree of completion (o/o-age): Degree of completion (o/o-age): Staff Report H2009-07 regarding Performance Appraisal Progra... Page 278 of 403 OBJECTIYES TO BE ACHIEVED DURING THE UPCOMING REYIE\il PERIOD: PERFORMANCE OBJECTIVE GOAL A¡fD STRATEGIC PRIORITY COMPLETION TO BE ACHIEVED Degree of completion (Vo-age): Degree of completion (7o-age): È Degree of completion (7o-age): Degree of completion (o/o-age)z Degree of completion (o/o-age): Confi dential Performance Appraisal 4 Staff Report H2009-07 regarding Performance Appraisal Progra... Page 279 of 403 SECTION 2: PERFORMANCE RATING INSTRUCTIONS: THIS SECTION IS TO BE USED TO MEASURE GENERAL PERFORMANCE OVERTHE COURSE OF THB REVIEW PERIOD RATING SCALE Poor - Performance clearly below acceptable level Needs Improvement - Performance meets minimal requirements. Need for fuither development recognized Meets Expectations - Performance satisfactory and meets normal requirements. Exceeds Expectations - Performance is above normal requirements. Effective effort and job interest. Outstanding - Outstanding performance with high level of goal achievement. Confi dential Performance Appraisal 5 FACTORS (Mark Only Relevant Factors) STRB,NGTHS/AREAS FOR DEVELOPMENT Provide examples of Employee's job performance that support the ratings, which have been given. RATING I 2 t 4 JOB COMPETENCE JOB KNOWLEDGE AND APPLICATION: demonstrates familiarity with and application of established and current techniques and methodologies that pertain to assigned work responsib i lities; understands instructions and applies technical knowledge to the job \ilORKABILITIES PLANNING & ORGANIZING: identifies key tasks and critical sequential steps, establishes priorities, sets objectives, schedules effectively and allocates time and resources, anticipates problems, is flexible. \ryORK RELATIONS: exhibits positive attitude and develops positive, cooperative relationships with others within the workplace. COMMUNICATION: expresses ideas and concerns clearly and persuasively both orally and in writing. Is an effective listener. Staff Report H2009-07 regarding Performance Appraisal Progra... Page 280 of 403 RATING SCALE Outstanding Confi dential Performance Appraisal 6 FACTORS (Mark Only Relevant Factors) STRENGTHS/AREAS FOR DEVELOPMENT Provide examples of Employee's job performance that support the ratings, which have been given. RATING 5 6 7 8 9 PROBLEM SOLVING & DECISION MAKING: anticipates, identifies and analyzes problems, considers alternatives and makes appropriate decisions. Takes action in a timely manner, demonstrates good judgment. TEAMWORI(/COOPERATION: works and interacts with others to accomplish overall division or group goals, willingly works with group decisions, considers suggestions from others, sensitive to needs ofpeople, solicits feedback. ADAPTABILITY: demonstrates willingness and ability to accept new concepts and techniques. INITIATIVE: capable of performing effectively in the absence of instruction/supervision. Self-starter CUSTOMER RELATIONS: develops and maintains the expected level ofunderstanding and rapport with the recipients of services provided (public, vendors, other stafl governmental.) Staff Report H2009-07 regarding Performance Appraisal Progra... Page 281 of 403 RATING SCALE Outstanding Confidential Performance Appraisal 7 FACTORS (Mark Only Relevant Factors) STRENGTHS/AREAS FOR DEVELOPMENT Provide examples of Employee's job performance that support the ratings, which have been given. RATING 10 ll woRK OUTPUT - QUANTTTY: completes work assigned within acceptable timeframes based on expectations established. woRK OUTPUT - QUALTTY: produces work of acceptable quality/accuracy/thoroughness considering established expectations. t2 FISCAL MANAGEMENT FINANCIAL ACCOUNTABILITY: meets the frnancial targets established related to responsibilities assigned to the position. 13 14 HI.]MAN RESOURCE MANAGEMENT ladditional factors for manasers) MONITORINGÆVALUATING : Oversees department operations. Encourages high standards ofwork quality and quantþ. Lets employees know what is expected of them. STAFF DEVELOPMENT AND MOTIVATION: assesses employee's skills and abilities, assist employees in the resolution ofjob related problems, and takes corrective action as required. Establishes and maintains cordial work relations and climate. Staff Report H2009-07 regarding Performance Appraisal Progra... Page 282 of 403 RATING SCALE Outstanding Confi dential Performance Appraisal 8 FACTORS (Mark Only Relevant Factors) STRENGTHS/AREAS FOR DEVELOPMENT Provide examples of Employee's job performance that support the ratings, which have been given. RATING l5 t6 DIRECTION & LEADERSHIP: assigns responsibility and designates authorþ appropriately to others while maintaining accountability. Trains and supervises staff appropriately. EQUITABLE PRACTICES: exercises tact and equitable human resource management practices. Staff Report H2009-07 regarding Performance Appraisal Progra... Page 283 of 403 SECTION 3 : PERFORMANCE IMPROVEMENT/CAREER DEVELOPMENT PERFORMANCE IMPROVEMENT PLAN Period from: Period to: PERFORMANCE IMPROVEMENT ACTION TO BE TAKEN (Training, Essential Skills Development) Note any mandalory, legislated traínÍng CAREER DEVELOPMENT PLAN DEVELOPMENT ACTION TO BE TAKEN fTrainins. Continuine Education etc.) Confidential Performance Appraisal 9 Staff Report H2009-07 regarding Performance Appraisal Progra... Page 284 of 403 SECTION 4: OVER,{LL PERFORMANCE RATING AND COMMENTS PERFORMANCE RATING SCALE Poor RATING SCALE Meets Expectations (Average) Exceeds Expectations Outstanding Confi dential Performance Appraisal l0 REVIE\ilER'S SUMMARY COMMENTS: Provide a brief summary statement which characterizes the Employee's overall performance and supports your rating. OVERALL PERFORMANCE RATING REVIEWERS SIGNATURE:DATE: EMPLOYEE'S COMMENTS: Do you understand how your performance was eyaluated? Provide other comments as desired (i.e. concerning the evaluations on the objectives; concerning the overall evaluations, etc.) EMPLOYEE'S SIGNATURE: Your signature does not necessarily signif, your agreement with the outcome of the review; it simply means the appraisal hæ been discussed with you. DATE: Staff Report H2009-07 regarding Performance Appraisal Progra... Page 285 of 403 Page 286 of 403 CORPORATION OF THE MUNICIPALITY OF BAYHAM STAFF REPORT TO: Mayor & Members of Council FROM: Kyle Kruger, Administrator SUBJECTz 2010 Election Items DATE: April14,2009 FILE: NUMBER: C2009-05 Purpose This report is to advise Council of deadlines for any changes to structure or voting methods for the 2010 Election process. Background Current Council composition, ward structure, and ward boundaries were established under the Ministers Restructuring Order dated l|l4ay 15, 1997. Should Council wish to consider altering any of these items for the 2010 Municipal election, all procedures must be completed prior to the 2010 election period starting January 1't, 2010. Additionally, should there be interest in examining alternate voting methods, staff would need to begin that review in the near future. Staff Comments Council has the ability under the Municipal Act to amend the Council structure, and to change or eliminate the current Ward system, subject to the mentioned deadlines. l4lard Sltstem and "At-large" Elections A move from a ward system to an "at-large" election is an option. Either system has its own strengths and weaknesses. Some examples are: Advantages -'Ward Svstem - may simplifr voter choice (ie: select one vs three Councillor positions) - may provide opportunity for representation from smaller areas in the municipality - enables Councillors to keep closer contact with constituents (smaller area, fewer electors) - assists candidates in contacting electors, reducing election expenses, etc. - smaller geographical area for political activity - can establish/continue political sense of community for areas of common interest Advantages - "At-Large" System - full representation by population - assists in simplifuing election process - all candidates get equal opportunity - may reduce costs in municipal election process - reduces possible parochial interests - simplifies representation question for public (ie: what ward am I in and who is my Councillor?) - increases likelihood of election process instead of acclamations Staff Report C2009-05 regarding 2010 Election Items. File: ... Page 287 of 403 Changes to Ward Boundaries Changes to boundaries of wards may also be considered. 'Ward boundaries are often established to define areas of community interest, or have been used to bisect old municipal boundaries to integrate new municipalities. They are also intended to provide reasonably even population counts. Often, changes to ward boundaries become necessary where growth has resulted in large population differences. Elector counts remain fairþ balanced to date in Bayham. Electors Count Wardl Ward2 Ward3 Current 2006 election 1730 1722 1860 r778 1799 t734 Alternative Voting Methods Many municipalities have turned to alternative voting methods with the intention to ease the election process and/or increase voter tumout. V/ith the traditional election process, Bayham has typically seen turnouts in the range of 35Yo. There are a number of alternative voting methods, such as automated vote tabulators and "vote by mail". The current budget for a traditional election is $14,000. Although the costs have not been investigated in detail, vote by mail is estimated to have avery similar cost. Recommendation THAT staff be directed to review and report alternative voting methods for the 2010 Municipal election process. Staff Report C2009-05 regarding 2010 Election Items. File: ... Page 288 of 403 RE: DELEGATION TO DISCUSS CURRENT SITUATION IN ESTTIERVILLE As requested by municipal stafe I am forwarding you a brief outline of matters regarding the curent situation at Estherville. I have forwarded documentation to the Cemeteries Branch which may cast greater light on Estherville. The 62-page package is too cumbersome to present in letter form but I can summarize the contents for council at the April 16 meeting and will b" huppy totry and answer any questions that council may pose. I understand staffmay or may not have received written or verbal communication by that date and will inform all interested parties regarding content at that time. I shall do the same since I anticipate a response by the Cemeteries Branch. It is unfortunate staffls contact person v/as unavailable to respond earlier but as the community delegate, it was felt we too should have communieation with the Branch with other staff members of the Branch. As to new information , there should be discussion of the presentation by Mae Leonard regarding the dowsing and its findings. The earliercouncil meeting did not allow for comments from council members other than to extend thanks to Ms. Leonard for her interesting presentation. She did volunteer her presence at any future council meeting wherc her technique and findings could be further explored. It is of great importance to our community to have this matter fully investigated regarding etlnic and indigenous burials within the Estherville site now, rather than wait until a more organized group of individuals appear before council. Disposal and treatment of remains is a sensitive issue, not always governed by logic and it would reflect well upon this municipal body to respond to coneerns with compassion and appropriate aw¿ìreness for the delicacy of the situation. I will also be reading and discussing a letter from Susan Stårt as she has given pemission for me to do so in a public forum so that others can hear what she feels. Wanda Hoshal Apríl 13,2009 Correspondence dated April 13, 2009 from Wanda Hoshal regard... Page 289 of 403 Page 290 of 403 BAYHAM HISTORICAL SOCIETY P.O. Box 160 Straffordville, ON NOJ 1Y0 MUNICIPALITY OF BAYHAM ATTENTION: Lynn Acre - Mayor On behalf of our President, Ray Maddox and members of the Bayham Historical Society, we bring you greetlngs. At our last meeting of April gth, 2009 we were presented with a proposal for letterhead for our group. It was suggested that we use the two logos as used by the Municipality of Bayham. lt is with your permission that we seek approval to use the logos as presented along with our letterhead. lf approved, then we would request that we have proper artwork of the two logos submitted. The two that are on the letterhead are just scanned logos from your business card supplied. I have been appointed to look into this matter and can be reached by e-mail at: robert. hei I @sym patico. ca Or Robert Heil 95 Mandeville Road St. Thomas, ON N5R 4H9 (519) 631-1552 We look forward to hearing from you soon. Yours truly, flu-+-t Robert Heil Cc: Ray Maddox and Cheryl Peters ? Ct) Correspondence received from Bayham Historical Society regar... Page 291 of 403 Page 292 of 403 THE CORPORATION OF THE MT]NICIPALITY OF'BAYTIAM STAFF REPORT TO: Mayor & Members of Council DATE: April14,2009 FROM: Lynda Millard, Clerk FILE: L04 SUBJECT: Cemetery Care Services NUMBER: C2009-006 Strategic Plan Goals: Goal # 1 Practice responsible financial management Goal # 3 Create a positive business atmosphere Goal# 4 Be dedicated to service excellence Goal# 7 Promote excellence in environmental stewardship Purpose: To provide Council with a recoÍìmendation regarding provision of abandoned cemetery care services. Background: This year a joint ad with the Public V/orks Department was placed in the local papers requesting price quotations for cemetery care services for the various municipal abandoned cemeteries. Responses were received from three contractors, on a "per cut" basis as follows: Cemeterv Per Cut Ouotes Received GstExtra Contractor Section A Section B Total Best, Firb¡ Old Light, Claus, Eden, Godwin & Stanton, Edison, Dobbie Esterville & Otter Valley $$$ Tom ofall Trades 480 480 Smith & Son Grounds Maintenance 440 475 915 Vandervall Properties Inc. 565 450 1,015 Aylmer Garden Centre 495 360 855 Mark Friesen Grassmaster 360 700 1,060 Ground Effects Landscape & Design 330 240 s70 Staff Report C2009-006 regarding Cemetery Care Services. Fi... Page 293 of 403 Staff Report C2009-006 regarding Cemetery Care Services. Fi... Page 294 of 403 Staff Comments All Contractors are aware of proof of $2million liability insurance and WSIB coverage or equivalent requirements. One contractor was disqualified as his submission was not on a per cut basis as requested. Over the past several years, care of the Otter Valley Cemetery (abandoned) has been provided by Carl and Sandra Hotz. The labour has been volunteered, with the municipalityreimbursing them for the cost of fuel. As two of the quote totals are less than last year's offer from the Hotz's, it is suggested that Council include the Otter Valley cemetery in the contract. As much of the grass in the cemeteries is crab grass or weeds, no spraywas required. Suggested Recommendation 66TIIAT Staff Report C2009-006 be received; AND THAT the price quote submitted by Ground Effects Landscape & Design be accepted; AND TIIAT By-Law 2009-057, being a by-law to authorize the execution of an agreement between the Municipality of Bayham and Ground Effects Landscape & Design for the provision of abandoned cemetery care services, be presented to Council for enactment.tt Respectfully submitted Lynda Millard Staff Report C2009-006 regarding Cemetery Care Services. Fi... Page 295 of 403 Staff Report C2009-006 regarding Cemetery Care Services. Fi... Page 296 of 403 THE CORPORATION OF THE MUNICIPALITY OF BAYIIAM BY-LAW NO. 2009-057 A BY.LAW TO AUTIIORIZE THE EXECUTION OF AII AGREEMENT BET\ilEEN THE MUNICIPALITY OF BAYHAM AND LEN FROESE O/A GROUND EFFECTS LANDSCAPE AND DESIGN FOR THE PROVISION OF CEMETERY CARE SERVICES WIIEREAS the Corporation of the Municipality of Bayham is the registered owner of lands shown on the map attached hereto as "Map #1", hereinafter referred to as the "1ands"; AND WHEREAS the Council of the Corporation of the Municipality of Bayham is desirous of entering into an agreement for cemetery care services on these lands. THEREFORE THE COTINCIL OF TIIE CORPORATION OF TIIE MUNICIPALITY OF BAYIIAM ENACTS AS FOLLOWS: 1. THAT the Mayor and Clerk be and are hereby authorized to execute the Agreement attached hereto as Schedule "A" and formingpart of this by-law between the Municipality of Bayham and Len Froese O/A Ground Effects Landscape and Design for the provision of cemetery care services. 2. TIIAT this by-law shall come into full force and effect upon the date of its enactment. READ A FIRST, SECOND AND TIIIRD TIME AND FINALLY PASSED THIS 16TH DAY oF APRIL 2OOg. MAYOR CLERK Staff Report C2009-006 regarding Cemetery Care Services. Fi... Page 297 of 403 Schedule "4" to B,IL2009-057 THIS AGREEMENT made in trþlicate this 16th day of April2}}g. BETWEEN: LEN FROESE O/A GROI]ND EFFECTS LANDSCAPE AND DESIGN (hereinafter referred to as the " Contractor") of the First Part -and- THE CORPORATION OF THE MT]NICIPALITY OF BAYHAM (hereinafter referred to as the "Municipality") ofthe Second Part \üHEREAS the Municipality is responsible for the maintenance, management and control of the lands shown on the map attached hereto as "Map #1", hereinafter referred to as the "lands"; AND WHEREAS the Contractor wishes to provide cemetery care services for the said lands; AND \ilIIEREAS in consideration of the payment of the sum of monies as described within the context of this agreement by the Contractor to the Municipality and other good and valuable consideration, the sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. The Municipality grants permission to the Contractor to enter upon municipal lands for the purpose of maintaining the lands. 2. The Contractor agrees to provide cemetery care and maintenance as needed for the lands. Staff Report C2009-006 regarding Cemetery Care Services. Fi... Page 298 of 403 Schedule "4" to BIL2009-057 3. The Municipality shall pay to the Contractor for the following properties, the sum, payable within 30 days of receipt of invoice as follows: Section A Cemeterv Name Amount per cut excludine Gst I Best (Corintþ 2 Firby 3 Godwin (Old Richmond) 4 Old Eden (Wilson) 5 Dobbie Total Section A $330 Section B 6 Light 7 Claus 8 Stanton 9 Edison 10 Ottervalley Baptist (Esterville/Old Port Burwell) 11 Otter Valley Total Section B $240 4. The Contractor agrees to indemniff the Municipality and save it harmless from and against any and all claims, actions, damages,liability and expenses, in connection with loss of life, personal injury, or damage to property arising from any occurrence on said lands howsoever such claims may arise, providing proof of liability insurance not less than $ 2,000,000 prior to May 1, 2009 and that the insurance shall name the Municipality of Bayham as an additional insured. The Contractor shall provide proof of same to the Municipality. 5. The Contractor shall furnish to the Municipalit¡ 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 Workers' Compensation Act to hold the Municipality liable for any liability of the Contractor for assessments and levies owing to the Worþlace Safety & Insurance Board. 6. The Contractor will observe and adhere to the standards set out in Appendix ".þ¡" attached hereto. Staff Report C2009-006 regarding Cemetery Care Services. Fi... Page 299 of 403 Schedule "4" to BIL2009-057 7. The Contractor shall not impede parking, pedestrian or vehicular traffic to the subject lands. 8. The Municipality shall have access to the site and surrounding area at all times. 9. The Contractor shall not subcontract any or all of this agreement without the prior and express approval of the Municipality. 10. This Agreement may be terminated at arty time by either party giving the other party 30 days written notice of termination. IN V/ITNESS WHEREOF the Contractor and the Municipality have hereunto set their hands and Corporate Seals this 16ú day of April20Og. SIGNED AND WITNESSED ) TrrE CORPORATTON OF THE ) MUNICIPALITY OF BAYHAM ) ) ) Lynn Acre, MAYOR In the Presence of L¡mda Millard, CLERI( CONTRACTOR Witness Staff Report C2009-006 regarding Cemetery Care Services. Fi... Page 300 of 403 Schedule "4" to BlL2009-057 APPENDIX "A" CEMETERY MAINTENANCE SCOPE OF WORK 1. GENERAL. SERVICE 1.1 Except as otherwise expressly provided the contractor shall furnish all necessary labour, materials and equipment to perform the work specified in this contract. 7.2 The contractor shall be solely responsible for loss or damage of his equipment and for anymaterial delivered to him from whatever source. 1.3 The contractor shall be responsible for all damages caused during the performance of the work during the term of this contract. 1.4 All work performed by the contractor shall be executed to the satisfaction of the municipality. 1.5 Failure to provide and maintain a standard of service and workmanship acceptable to the Municipality will, at it's discretion, result in an altemate contractor being hired to do the work with the cost of same deducted from payment to the original contractor. Repeated failure to meet our standards of service and workmanship will result in termination of the contract. 2.1 TERM OF CONTRACT This contract shall be in force for a period of one year, coÍrmencing May I in the year in which it has been awarded, and may be renewed for an additional two years at the agreement of both the contractor and the Municipality. 2.2 PAYMENT Invoices shall be submitted on a monthly basis starting one month from the coûrmencement of work. Staff Report C2009-006 regarding Cemetery Care Services. Fi... Page 301 of 403 3. 3.1 Schedule "4" to B/L2009-057 Appendix ",Þr" Pg2 DESCRIPTION OF WORK Lawns and Grassed Areas 3.1.1 Thoroughly rake all grassed areas to remove debris and dead grass early in May. 3.1.2 All debris shall be picked up prior to mowing operations. Mowing of all turfed areas shall be performed on a regular everv other week basis. Additional cuts are to be perþrmed at the request of the Munícípalíty. 3.1.3 Municipal grassed areas along public roadways abutting the cemeteries (where possible) are included in this contract. 3.1.4 Trimming of grass adjacent to monuments, markers fences, trees, etc. shall be done immediately after each mowing. 3.1.5 Leaves shall be raked and disposed of when they fall from the trees in autumn. Prunine and Trimmine Trees 3.2.I Pruning for trees up to 16 feet in height - Pruning shall consist of the removal of excess sucker growth, dead wood and interfering growth, the thinning of branches where necessary, clearing growth from buildings and the shaping of trees. All pruned branches of a diameter greater than 1 inch and all exposed wood or scars resulting from previous work damage shall be painted with approved tree wound paint. Trees or branches which are weak shall be cabled or braced in accordance with approved tree bracing methods. 'Workmen shall not be permitted to climb live trees with climbing spurs, but they shall employ accepted tree climbing methods. Timber, brush and all other debris resulting from this work shall be entirely removed from the project and disposed of by the contractor at his own expense on the same day trees are pruned. 3.2.2 Trimming, and removal of dead growth, of all hedges and shrubs shall be performed during June (evergreens), in June, July and September (deciduous) and vines are to be trimmed as required to present a neat appearance. 3.2 Staff Report C2009-006 regarding Cemetery Care Services. Fi... Page 302 of 403 CORPORATION OF THE MUNICIPALITY OF BAYHAM TO: FROM: STAFF REPORT Mayor & Members of Council Water/Wastewater Superintendent DATE: April6,2009 FILE: E03 water NUMBER: E2009-005SUBJECT: MOE Drinking'Water System Inspection Report Purpose This report is to bring forward a sunmary of the MOE drinking water inspection report for the Bayham water distribution system dated February 12,2009 as attached. Background The Ministry of the Environment has implemented an annual comprehensive approach in the inspection of drinking water systems that focuses on the source, treatment and distribution components of the system as well as management practices. The primary focus of the inspection is to confirm compliance with MOE legislation and certificates of approval, as well as evaluating conformance with Ministry drinking water related policies and guidelines. Staff Comments All of the inspection components within the body of the report ( pages 4-16 ) complied with the MOE legislation and the systems Certificate of Approval. The report recommends that further consideration be given to the continuous improvement of the overall operation and maintenance of the drinking water system, details of which can be found under Summary of Best Management Practices and Recommendations pg.l7 and Appendix D. A number of the recommendations could be achieved by way of policy, practices and or by-law improvements. The new Drinking 'Water Quality Management Standard also addresses similar policies and practices which have been implemented through the Bayham quality management system operation plan. The recommended improvements to the air release chambers as noted in Appendix D item #I can be completed during the Build Canada Fund water project. A final inspection rating ( last two pgs. of the report ) of 100% was achieved for the 2008 period. Attachments l. MOE Drinking Water Inspection Report. Recommendation That Staff Report 2009-005 be received for information. Respectfully submitted, Ed Roloson Water/'Wastewater Superintendent Staff Report E2009-005 regarding MOE Drinking Water System I... Page 303 of 403 MÍnistry of the Environment Safe Drinking Water Branch 3232 White Oak Road, 3'd Floor London ON N6E 1 L8 Tel (519) 873-5094 Fax (519) 873-5096 Ministère de l'Environnement Direction du contrôle de la qualité de I'eau potable Bureau du district de London 3e étage 3232, chem¡n White Oak London (Ontario) N6E 118 Tel (51 9) 873-5094 Fax (51 9) 873-5096 File No. EL-BA-540 WW# 260004748 March 23,2009 The Corporation of the Municipality of Bayham 9344 Plank Line Stratffordville, Ontario NOJ 1Y0 Attention: Mr.KyleKruger,CMo/Administrator Re: Bayham (AWS) Distribution System Inspection conducted on February 12,2009 The enclosed Drinking Water Inspection Report outlines non-compliance, if any, with Ministry legislation, and policies for the above noted water system. Violations noted in this report, if any, have been evaluated based on community risk. These violations will be monitored for compliance with the minimum standards for drinking water in Ontario as set forth under the Safe Drinking Water Act and associated regulations. Where risk is deemed to be high and/or compliance is an ongoing concern, violations will be forwarded to this Ministry' s Investigation and Enforcement Branch. In order to measure individual inspection results, the Ministry has established an inspection compliance risk framework based on the principles of the Inspection, Investigation & Enforcement (II&E) Secretariat and advice of internal/external risk experts. The Inspection Summary Rating Record (IRR), included as Appendix G of the inspection report, provides the Ministry, the system owner and the local Public Health Units with a summarized quantitative measure of the drinking water system's annual inspection and regulated water quality testing performance. Please note the attached IRR methodology memo describing how the risk rating model has improved to better reflect the health related and administrative non-compliance found in an inspection report. IRR ratings are published (for the previous inspection year) in the Ministry's Chief Drinking 'Water Inspector's Annual Report. If you have any questions or concems regarding the rating, please contact Ewoud VanGoch, Drinking Water Program Supervisor, at (519) 873-5122. If you have any questions regarding the report, please feel free to call me at (519) 873-5092 Yours truly, Q: Provincial Officer London District Office jim.w.miller@ ontario.ca cc. Mr. Ed Roloson, W'ater/Wastewater Supervisor Elgin-St. Thomas Health Unit Long Point Region Conservation Authority London District File Staff Report E2009-005 regarding MOE Drinking Water System I... Page 304 of 403 Ministry of the Environment BAYHAM (ELGTN AWS) DISTRIBUTION SYSTEM Drinking Water System lnspection Report DWS Number: lnspection Number: Date of lnspection: lnspected By: 260004748 1-6NUVA Feb 1 2,2009 Jim Miller Staff Report E2009-005 regarding MOE Drinking Water System I... Page 305 of 403 Ministry of the Environment Drinking Water lnspection Report Table of Contents Table of Contents Owner lnformation.............. ....................' 2 lnspection Details..... ............... 2 lnspection Summary .............. 4 LMR lntroduction ........... ...."'.. 4 LMR Capacity Assessment................. "'.'."'4 LMR Treatment Process. .....'.. 5 LMR Distribution System '.'.'... 6 LMR Operations Manuals 8 LMR Lo9books...........,.... '..'... I LMR Contingency/Emergency Planning ....... I LMR Security.................. ....'.. 10 LMR Consumer Relations ..". 10 LMR Certification and Training ......'.'.....'... 11 LMR Water Quality Monitoring ..'...'."'.'.'.-. '12 LMR Water Quality Assessment ...,...""..". 14 LMR Reporting and Corrective Actions '.'.' 14 Other lnspection Findings ........ 15 Non Compliance with Regulatory Requirements and Actions Required .............. 16 Summary of Best Practice Issues and Recommendat¡ons.............. -.-.. 17 Signatures............... ............... 18 Appendix A: Drinking Water System Components Description Appendix B: Certificate(s) of Approval Appendix C: MOE Audit Sample Results Appendix D: Best Management Practices and Recommendations Appendix E: lnspection Rating Record Staff Report E2009-005 regarding MOE Drinking Water System I... Page 306 of 403 ÐÞontario Ministry of the Environment Drinking Water System Inspection Report OWNER INFORMATION: Gompany Name: BAYHAM, THE CORPORATION OF THE MUNICIPALIry OF Street Number: 9344 Unit ldentífier: Street Name: PI-ANK Rd Gity: STRAFFORDVILLE Province: ON PostalGode: NOJ 1Y0 CONTACT INFORMATION Type: Owner Name: Kyle Kruger Phone: (s19) 866-5s21 Fax: (s19) 866-3884 Email: kkruger@bayham.on.ca _ l*î: _ ""o1!'iil:li":: Type: Operating Authority/Owner Name: Edward Roloson Phone: þ19) 874-4261 Fax: (519) 874-4101 Email: eroloson@bayham.on.ca - " -'nl:: "**i*T::Y:""::lTll::ifll INSPECTION DETAILS: DWS Name: BAYHAM (ELGIN AWS) DISTRIBUTION SYSTEM DWS Address: 93214 Plank Road County/District: Bayham DistricUArea Office: London District DWS Category: Large Municipal Residential DWS Number: 260004748 lnspection Type: Announced lnspection Number: 1-6NUVA Date of lnspection: Feb 12,2009 Date of Previous lnspection: Dec 13, 2007 DRINKING WATER SYSTEM COMPONENTS DESCRIPTION Site (Name): Pt. Burwell Water Distribution Type: Treated Water POE Sub Type: Other Gomments: The Port BurwellWater Distribution System was installed in 1971 and presently serves an approximate population oÍ 1,020 persons. The potable water is distributed through 12 kilometres of PVC water main, ranging ín size from 6 to 10 inches with 52 main valves, 48 fire hydrants and 496 curb stops. Report Generated for millerji on 1210312009 (dd/mm/yyyy) DWS #: 260004748 BAYHAM (ELGIN AWS) DISTRIBUTION SYSTEM Date of lnspection: 1210212009 (dd/mm/yyyy) Page 2 of 18 Staff Report E2009-005 regarding MOE Drinking Water System I... Page 307 of 403 lF>^ Ministry of the Environment ,f OntafiO Drinkins Water System Inspection Report Site (Name): Vienna Booster Station and Distribution System Type: Treated Water POE Sub Type: Pumphouse Comments: Treated water from the Port Burwell Secondary Water Supply System enters the Menna Booster Station after receiving rechlorination at both the Port Burwell Water Tower and the Lakeview Rechlorination Facility. The Vienna Booster Station is located on the northwest corner of Vienna Line and Centre St. South, at 55486 Menna Line. The station consists of a 22 kilowatt pump rated at 45 litres per second at a total dynamic head of 26 metres, one pressure regulating valve and one by-pass piping connection. Under normal flow conditions the water passes through a pressure regulating valve, bypassing the pump until the system pressure drops to 30 psi and shuts down once the pressure reaches 70 psi. The Vienna Water Distribution System was instalfed in 1977 and presently serves a population of approximately 490 persons. The potable water is distributed through 5 kilometres of PVC and concrete ductile iron water main, ranging in size from 6 to 12 inches, with 38 main valves, 30 fire hydrants and 205 curb stops . Report Generated for millerji on 1210312009 (dd/mm/yyyy) DWS#:260004748 BAYHAM (ELGIN AWS) DISTRIBUTION SYSTEM Date of lnspection: 1210212009 (dd/mm/yyyy) Page3ofl8 Staff Report E2009-005 regarding MOE Drinking Water System I... Page 308 of 403 .Fv- ïFonhrio Ministry of the Environment Drinking Water System Inspection Report INSPECTION SUMMARY INTRODUCTION * The primary focus of this inspection is to confirm compliance with Ministry of the Environment legislation and authorizing documents such as Orders and Certificates of Approval, as well as evaluating conformance with Ministry drinking water related policies and guidelines during the inspection period. The Ministry is implementing a rigorous and comprehensive approach in the inspection of drinking water systems that focuses on the sor¡rce, treatment and distribution components of the system as well as management practices. This report is based on an inspection of a "stand alone connected distribution system". This type of system receives treated water from a separately owned "donor" system. This report contains all of the elements required to assess key compliance and conformance issues associated with a "receiver" system to ensure that the system was not being operated or managed in a "deficient" condition, as defined under O. Reg. ',72103. The report does not contain items associated with the inspection of the donor system, such as source waters, i ntakes/wel ls and treatment faci I ities. Documents reviewed in association with this report included, but were not limited to: 1/ Ministry of the Environment Certificate of Approval (C of A) # 9379-5P9LY5 issued October 23, 2003; 2/ Ministry of Environment Drinking Water lnspection Report 1-5YYAD dated, December 13,2007 entitled Bayham (Elgin AWS) Distribution System Drinking Water System lnspection Report inspection date January 28,2008. This report also includes a review, and assessment of compliance and operating practices in relation to the following Acts and Regulations: 1/ Safe Drinking WaterAct, 2002; 2l Ontario Regulation 170103; 3/ Ontario Drinking-Water Quality Standards O. Reg 169/03; 4/ Ontario Water Resources Act, 1990; 5/ Certification of Drinking-Water System Operators and Water Quality Analysts; Regulation, O. Reg. 128104; 6/ Environmental Protection Act, 1990; Additional operational documents maintained by the owner/operating authority for the period from December 1,2007 through December 31, 2008 were also reviewed in conjunction with the compliance evaluation. CAPACITY ASSESSMENT * There was sufficient monitoring of flow as required by the Permit, Licence or Approval issued under Part V of the SDWA During the documentation review the current C of A # 9379-5P9LY5 listed requirements for flow monitoring and recording requirements at the Vienna Booster Station. This is currently not possible as the system was constructed without any provisions for monitoring flow. ln order to rectify the conflicting information the ministry would normally request that the owner apply for an amendment from the Approvals Branch; however it was recommended at the time of inspection that the owner wait until the implementation of the Municipal Drinking Water Licensing Program to provide the correct information that corresponds with the drinking water system components. Report Generated for millerji on 1210312009 (ddimm/yyyy) Page 4 of 1 I DWS#:260004748 BAYHAM (ELG|N AWS) DTSTRTBUTTON SYSTEM Date of lnspection: 1210212009 (dd/mm/yyyy) Staff Report E2009-005 regarding MOE Drinking Water System I... Page 309 of 403 fb^ Ministry of the Environment ,f OntafiO Drinkins Water Systóm Inspection Report CAPACITY ASSESSMENT * Flow measuring devices were calibrated or verified in accordance with the requirements of a Permit, Licence or Approval issued under Part V of the SDWA. Documentation was also provided to verify that flow measuring devices had been calibrated since the previous inspection to ensure accuracy. A sufficient number of flow measuring devices, to determine: average monthly flow rate; average daily quantity of water taken from the source and total amount conveyed to the distribution system were in operation. Flow meters are installed at the Menna Meter Chamber located on the North side of Lakeview Line and the Port Burwell Meter Chamber located on the South side of Lakeview Line. These meters are read on a monthly basis. * Records of flows and any capacity exceedences were made in accordance with the Permit, Licence or Approval issued under Part V of the SDWA. " The owner was monitoring demand and population trends in order to monitor the need to upgrade or expand the system. TREATMENT PROCESSES * A valid Permit, Licence or Approval issued under Part V of the SDWA, other than those issued for watermain construction, existed for the system. Certificate of Approval # 9379-5P9LY5 issued October 23, 2003: is included in Appendix B of this report. * The owner had ensured that all equipment was installed in accordance with the Permit, Licence or Approval issued under Part V of the SDWA. * The owner complied with the requirement to seek changes to the Permit, Licence or Approval issued under Part V of the SDWA where required, when changes were made. * The owner had evidence indicating that all chemicals and materials used in the treatment process met the AWWA and ANSI standards in accordance with the Permit, Licence or Approval issued under Part V of the SDWA. Documentation was provided indicating that all chemicals used in the treatment process and all chemicals contacting the water have met the AWWA and ANSI standards in accordance with best management practices. * Up-to-date plans for the drinking-water system were available in accordance with the Permit, Licence or Approval issued under Part V of the SDWA. * The facility and equipment appeared to be maintained and in a fit state of repair. * The Operator-in-Charge had ensured that all equipment used in the processes was monitored, inspected, and evaluated. * Measures were taken to ensure that pesticides were not applíed, stored, or mixed in the immediate vicinity of source(s), treatment, and storage facilities. During the inspection, the operator verified that pesticides are not applied, stored, mixed or prepared around, over, or in the immediate vicinity of the water distribution system. Report Generated for millerji on 1210312009 (dd/mm/yyyy) DWS#:260004748 BAYHAM (ELGTN AWS) DTSTRTBUTTON SYSTEM Date of lnspection: 1210212009 (dd/mm/yyyy) Page 5 of 18 Staff Report E2009-005 regarding MOE Drinking Water System I... Page 310 of 403 ÐÞontario Ministry of the Environment Drinking Water System lnspection Report DISTRIBUTION SYSTEM * The owner had up-to-date plans for the distribution system. The Owner/Operating Authority keeps a plan of the distribution system identifying: hydrants, water main systems, and sampling point locations. The maps should be updated regularly to record any changes or additions to the distribution system. A good record system provides a history of the distribution system, including normal and emergency operation, maintenance and repair. * There was no cross-connection control/backflow prevention program, policy and/or by'law in place. At the time of inspection, the operator indicated that the Ontario Building Code and Municipality of Bayham Building Design Policy is enforced to ensure procedures for design, material selection and plumbing installation requirements are followed to maintain the integrity of the system on new installations. * Backflow preventers were installed at each service connection to lndustrial/Commercial/lnstitutional and agricultural process that were considered high hazard facilities. The Municipality of Bayham has implemented an inspection program as a means of assessing whether or not adequate backflow prevention devices are installed or required of high risk operations (i.e. wastewater plants, sewage pumping stations, industrial operations, car washes, interconnecting cisterns, hospitals, clinics, funeral homes, food packing plants etc.). Test reports are available on file at the Water Distribution Department. The report includes the following: owner, location, model and make of assembly and name of certified tester. * There were no known cross connections between the distribution system and other water sources. During the inspection, the operator indicated that there are no known cross-connections such as wells, cisterns, or any other systems that could be cross connected. * Existing parts of the distribution system that were taken out of service for inspection, repair or other activities that may lead to contamination, and all new parts of the distribution system that came in contact with drinking water, were disinfected in accordance with the Procedure for Disinfection of Drinking Water ln Ontario. The Ten States Standards and the Ontario Building Code have been adhered to in procedures for design, material selection and plumbing code requirements to maintain the integríty of the system. Procedures for flushing, disinfection and testing of new and repaired water mains will be addressed in the revised Maintenance Manual. The disinfection procedures should be in accordance with proven industry best practice standards (i.e. AWWA C651-05 Standard for Disinfecting Water Mains, AWWA C652-02 for storage facilities and C653-03 for Water Treatment Plants). * There was a program for rehabilitation or replacement of watermains. The Municipality of Bayham conducted an assessment regarding the rehabilitation or replacement program higgered by excessive leakage; and/or frequent breaks. The Municipality of Bayham water distribution system has been experiencing increasing failures of the distribution system components; speciflcally, service saddles, valves; curb stops and hydrants which are the principal cause of water loss. The Municipality is using a proactive approach to try and mitigate the systems ongoing problems before they occur thus reducing the potential risk of waterborne disease outbreaks; risks to public health; boil water advisories and environmental impacts. Further benefits include: lower cost for operation, monitoring and maintenance; increase public confidence and reduced customer complaints and ensure than system pressure are sustained to protect the integrity of the potable water and provide adequate fire protection. Report Generated for millerji on 1210312009 (dd/mmiyyyy) DWS #: 260004748 BAYHAM (ELGIN AWS) DISTRIBUTION SYSTEM Date of lnspection: 1210212009 (dd/mm/yyyy) Page 6 of 18 Staff Report E2009-005 regarding MOE Drinking Water System I... Page 311 of 403 ÐÞontario DISTRIBUTION SYSTEM * The owner followed industry recognized standards or procedures in the material selection and design associated with distribution system construction and maintenance. The Municipality of Bayham currently has a document in place detailing the Specifications for Water Main Construction. This document provides the following: general description of work, types of materials to be used, water main construction including excavation details, type of fill, water main pipe bedding, installation of valves and hydrants, testing in accordance with AWWA Specification 600, disinfection of water mains in accordance with AWWA specifications C651-05, sampling, service connections, connecting to existing mains and water systems following best practice guidelines. The Municipality of Bayham also has in-place a Customer Water lnspection Order Record that details the following: type of materials used, time and date work was completed, name of installer, name and time inspected. ln addition to the above, the Ontario Building Code is enforced to ensure procedures for design, material selection and plumbing installation are followed to maintain the integrity of the system. * The owner had implemented a program for the flushing of watermains as per industry standards. During this inspection period, most valves were routinely inspected and exercised in conjunction with the hydrant flushing program. The watermains are flushed annually, and pressure readings (static and flowing), flow capacities (gallons per minute) and free chlorine are monitored during flushing of the distribution system. * A program was in place for inspecting and exercising valves. * There was a program in place for inspecting and operating hydrants. The Owner/Operator is aware that this requirement is legislated under the Ontario Fire Code (Fire Protection and Prevention Act) for systems which provide fire protection. lf hydrant maintenance is not being carried out annually for systems providing fire protection, the local fire department should be notified. The fire hydrants are inspected flushed and flow checked on an annual basis. The Operating Authority also advised that during the colder winter months the hydrants are inspected to assess and prevent freezing. * There was no by-law or policy in place limiting access to hydrants. By-laws which limit access to fire hydrants can prevent damage due to flooding, washouts and loss of water pressure. lt is recommended that a policy, including by-laws, be introduced to enforce policies adopted by the municipality. * Consumer water usage, including industrial and commercial water users, was fully metered. The Municipality of Bayham Water System is metered at the private residential connection. Water systems should be metered; this allows the owner to account for water from production to the end user. A residential water meter and backflow program also benefits the owner by providing valuable information on per capita water use, and determination of unaccounted for water losses. * The owner had conducted an assessment of production volumes versus authorized consumption to determine the percentage of water loss in the distribution system. The municipality conducts bi-monthly comparisons of water billed (water consumption by system users) and water pervade to the distribution system. Report Generated for millerji on 1210312Q09 (dd/mm/yyyy) DWS#:260004748 BAYHAM (ELGIN AWS) DISTRIBUTION SYSTEM Date of lnspection'. 1210212009 (dd/mm/yyyy) Ministry of the Environment Drinking Water System lnspection Report Page 7 of 18 Staff Report E2009-005 regarding MOE Drinking Water System I... Page 312 of 403 ÐÞontario DISTRIBUTION SYSTEM * The owner had undertaken efforts to identify, quantify and reduce sources of apparent water loss and/or established a leak detection/minimization program' Leak detection is determined by monitoring daily usages, surface observations and consumer notification. Additionally, the owner also shares ownership of sonic leak detecting equipment for finding leaks which are not visible from the surface. * The distribution system pressure was monitored to alert the operator of conditions which may have lead to loss of pressure below the value under which the system is designed to operate. System pressure is currently monitored continuously on the Port Burwell Secondary System which supplies distribution water to the Municipality of Bayham. * Based on the records available the owner was able to maintain proper pressures in the dístribution system. * The donor had provided an Annual Report to the receiver drinking water system. OPERATIONS MANUALS * Operators and maintenance personnel had ready access to operations and maintenance manuals. The Operations Manual is stored in an accessible location at the Port Burwell Wastewater Treatment Facility and is available to all operational staff. The Operations Manual contains the following: plans, drawings, process descriptions, water distribution operator duties, emergency procedures, disinfection procedures and other guidance materials typical of an Operations Manual. Also in the manual is a sampling plan which includes instructions pertaining to the identification of adverse drinking-water conditions as well as prescribed notifications and corrective actions. * The operations and maintenance manuals contained plans, drawings and process descriptions sufficient for the safe and efficient operation of the system. The operations and maintenance manualcontained a sampling plan. The manual contains a sampling plan, which includes instructions pertaining to the identification of adverse drinking-water conditions as well as prescribed notifications and corrective actions. The operations and maintenance manuals contained instructions pertaining to the identification of adverse drinking water conditions, as well as prescribed notification and corrective actions. The operation and maintenance manuals and the emergency/contingency plans were reviewed on a periodic basis. LOGBOOKS Report Generated for millerji on 1210312009 (dd/mm/yyyy) DWS#:260004748 BAYHAM (ELGTN AWS) DISTRTBUTTON SYSTEM Date of lnspection: 1210212009 (dd/mm/yyyy) Ministry of the Environment Drinking Water System lnspection Report Page8of18 Staff Report E2009-005 regarding MOE Drinking Water System I... Page 313 of 403 ÐÞontario Ministry of the Environment Drinking Water System lnspection Report LOGBOOKS * Logs for the distribution subsystem(s) of the drinking water system contained the required information. During the site inspection, it was found that a general logbook identifying daily activities, operational checks, etc. was in place. Operational logs are a key component for the safe and efficient operation of a facility. Logs or other record-keeping mechanisms are required in order to document the operation of the drinking water system and corrective actions taken to adverse situations. * Logbook entries were made in chronological order. The record system allowed the reader to unambiguously identify the person who made the logbook entry, All log records reviewed during the inspection identified the names of all operators of the facility and their respective signatures and/or initials. lt should be noted that any entries in the log must be identified by the person making the entry in the logs. An example of this is if multiple operators make entries in the log then those persons must clearly identify who made the entry (i.e. signature or initials). Entries in the logbook were made only by appropriate and authorized personnel. Generally stated, the logs and operational records have been well maintained. During the inspection of the Bayham Water System, it was found that Logs and other record- keeping mechanisms have been kept in place by the operating authority. Some abnormalities had occurred during the inspection period regarding Operator ln Charge (OlC) sign in. This was identified and corrected by the owner on February 12,2009. The owner must continue to promote the need for detailed documentation and ensure that all operators are aware of this requirement. Additionally, in the event that the Operator does not meet with the requirements to be classified as an OlC, an adequately licensed Operator should be listed as the OIC (on call), and be available to the staff member conducting the routine operational duties. Records or other record keeping mechanisms confirmed that operationaltesting not performed by continuous monitoring equipment was being done by a certified operator, water quality analyst, or person who suffices the requirements of O. Reg. '170103 7'5 For every required operational test and every required sample, a record was made of the date, time, location, name of the person conducting the test and result of the test. The operator-in-charge ensured that records were maintained of all adjustments made to the processes within his or her responsibility. * Logs or other record keeping mechanisms were available for at least five (5) years. CONTINGENCY/EMERGENCY PLANNING * The owner had developed a written contingency/emergency plan as required by the Permit, Licence or Approval issued under Part V of the SDWA. Report Generated for millerji on 1210312009 (dd/mm/yyyy) DWS #: 260004748 BAYHAM (ELGTN AWS) DTSTRTBUTTON SYSTEM Date of lnspection: 1210212009 (dd/mm/yyyy) Page 9 of 18 Staff Report E2009-005 regarding MOE Drinking Water System I... Page 314 of 403 ÐÞontario Ministry of the Environment Drinking Water System Inspection Report CONTINGENCY/EMERGENCY PLAN NING * The contingency/emergency plan was available for reference by all staff as required by the Permit, Licence or Approval issued under Part V of the SDWA' The Owner/Operator is responsible for ensuring that an up-to-date contingency plan is in place. Emergency planning and the procedures under which the employees of the municipality respond to an emergency should be incorporated into the training program. All staff responsible for the system should participate in the training. This will help the responder to fully understand the necessary steps to be taken during an emergency situation. Mock training sessions also identify any gaps in the plan, and ensure that the correct and most appropriate instructions are in place. * The contingency/emergency plan did provide for key equipment to be made available in the event of an emergency or upset condition. Contingency planning should include a prepared list of the facilities key equipment and suppliers. All critical equipment should be made readily available in the event of an upset or emergency situation. ln addition to the above, a comprehensive contingency plan should be developed and made specific to each facility. All complete plans should be kept up to date and reviewed by staff. * The contingency/emergency plan addressed spill scenarios. Spill containment was provided for process chemicals. It should be noted that all chemical storage facilities and chemical process areas should have safeguards against accidental spills i.e., construction of dykes around compound to contain the volume of the largest container in the compound, plus 10%. Clean-up equipment and materials were in place for the clean up of spills. SECURITY * The owner had provided adequate security measures to protect components of the drinking-water system. CONSUMER RELATIONS * Water conservation was being practiced by the owner or operating authority. It is recommended that the Municipality of Bayham continues to institute goals that include the implementation and promotion of water conservation. The municipality should give consideration to the following: public education programs, lawn watering restrictions, aggressive leak detection programs, metering, water rates and the promotion of water efficíency fixtures such as, low water use toilets, shower heads, and faucet aerators. * A documented system that records consumer complaints, steps taken to determine the cause of the issue, and corrective measures taken to alleviate the cause and prevent its reoccurrence did exist. The Municipality of Bayham has a customer complaint procedure where complaints are recorded at the Municipal Office. When a complaint is received, staff record the information on a prepared complaint form. The complaint is then forwarded to the appropriate division. Once the complaint is verified and resolved the operator contacts the complainant with the findings. Report Generated for millerji on 1210312Q09 (dd/mmiyyyy) DWS#:260004748 BAYHAM (ELGIN AWS) DTSTRTBUTION SYSTEM Date of lnspection: 1210212009 (dd/mm/yyyy) Page 10 of 18 Staff Report E2009-005 regarding MOE Drinking Water System I... Page 315 of 403 lF>- - Ministry of the Environment ,)f OntafiO Drinkins Water Systém Inspection Report CONSUMER RELATIONS * Required documents were available free-of-charge during normal business hours at a location accessible to the public. The Owner/Operating Authority provided documentation showing that the 2007 Annual Compliance Report was presented and passed by Municipal Council of Bayham as signed and dated on March 20,2008. Copies of the Annual Compliance and Summary Report are available to the public at the Water Wastewater office located at 1 Chatham St, Port Burwell. * The owner did take effective steps to advise users of the water system of the availability of Annual Reports. CERTIFICATION AN D TRAI NING " The overall responsible operator had been designated for each subsystem. Mr. Ed Roloson has been designated as the Overall Responsible Operator (ORO). ln the event that Mr. Roloson is unavailable Mr. Robert Butler or Mr. Adam Swance may also be designated as oRo. " Operators in charge had been designated for allsubsystems which comprised the drinking' water system, During review of the operators' certiflcation, it was determined that the owner/operating authority has designated an operator as the overall responsible operator for the Bayham Water System with a certificate that is of the same class or higher than the system. * All activities that were undertaken by uncertified persons in the DW subsystems were overseen by persons having the prescribed qualifications. * Alloperators possessed the required certification. Operator Certificates are displayed at the Wastewater Plant; all certificates were up to date. * Only certified operators made adjustments to the treatment equipment. During review of the logs and other record keeping mechanisms for the inspection review period, it was confirmed that system operations and maintenance is being conducted by certified operators. * Operator certificates or water qualíty analyst certificates were displayed in a conspicuous location at the workplace or at the premises from which the subsystem was managed. All operators'certificates were displayed at the offìce located at 1 Chatham Street, Pt. Burwell Wastewater Treatment Facility. * The classification certificates of the subsystems were conspicuously displayed at the workplace or at premises from which the subsystem was managed. The Bayham Water Distribution System at the time of inspection was classified as Class 1 Water Distribution # 118. * An adequately licenced operator was designated to act in place of the overall responsible operator when the overall responsible operator was unable to act. There are two qualified Overall Responsible Operators ('ORO") for this system which provides adequate coverage for all ORO duties. * The owner/operating authority was aware of the operator training and record keeping requirements, and they were taking reasonable steps to ensure that all operators receive the required training. Report Generated for millerji on 1210312009 (dd/mm/yyyy) DWS#:260004748 BAYHAM (ELGIN AWS) DISTRIBUTION SYSTEM Date of lnspection'. 1210212009 (dd/mm/yyyy) Page 11 of 18 Staff Report E2009-005 regarding MOE Drinking Water System I... Page 316 of 403 Þontario CERTIFICATION AN D TRAINING * Operators were regularly trained with respect to the contents of the operations and maintenance manual and Contingency/Emergency Plan. Review of the training records provided indicated that the operators have been regularly trained with respect to the contents of the operations and emergency manuals. ln order to safeguard the water supply the owner/operating authority should ensure that the operators are able to deal with contingencies and emergencies when they occur. WATER QUALITY MONITORING * Relief from water quality monitoring requirements had not been granted. * All microbiologicalwater quality monitoring requirements for distribution samples were being met. During the inspection review period, it was found that the owner had complied with O. Reg. 170/03, Schedule 10. The Municipality of Bayham water distribution system services a population of approximately 1500 persons; as such the municipality is required to take a minimum of nine (9) distribution system samples each month. The owner must ensure that at least one is taken in each week of the month and that all samples are analyzed for E.Coli and total coliforms as prescribe under Schedule 10. The owner must also ensure that at least 25o/o of the samples taken are analyzed for general bacteria population expressed as colony count on a heterotrophic plate count (HPC). Documentation provided by the Municipality during the inspection period, indicates that allwater distribution microbial monitoring requirements have been met. Additional sampling has been conducted by the owner/operator as a proactive approach to ensure that the water distribution samples are representative of the entire drinking water system. * All trihalomethanes water quality monitoring requirements prescribed by legislation were conducted within the required frequency. Documentation provided by the municipality during the inspection period, indicates that all quarterly trihalomethanes water quality monitoring requirements have been met. Sample results provided by the owner have been included as an annual average in the 2007 Annual Summary Report. * Trihalomethane samples were being collected from a point in the distribution system or connected plumbing system that was likely to have an elevated potential for the formation of trihalomethanes. The owner/operator has ensured that sample locations for trihalomethanes reflect maximum residence time in the distribution system. * The owner ensured that water samples were taken at the prescribed location. * All water quality monitoring requirements imposed by the Permit, Licence or Approval issued under Part V of the SDWA were being met. Documentation provided by the Municipality during the inspection period, indicates that all physical/chemical water quality monitoring requirements have been met. * The owner had not established water quality goals over and above regulatory requirements. Ministry of the Environment Drinking Water System Inspection RepoÉ Report Generated for millerji on 1210312009 (dd/mm/yyyy) DWS#;260004748 BAYHAM (ELGTN AWS) DTSTRTBUTTON SYSTEM Date of lnspection'. 1210212009 (dd/mm/yyyy) Page 12of18 Staff Report E2009-005 regarding MOE Drinking Water System I... Page 317 of 403 ÐÞontario WATER QUALITY MONITORING * Allsampling requirements for lead prescribed by schedule 15.1 of O. Reg. 170/03 were being met. On July 26,2007, a change in the requirements for lead testing of regulated residential water systems was introduced. ln accordance with O. Reg. 170103 Schedule 15.1 , lead sampling periods are twice per year: December 15,2007 to April 15,2008, and between June 15, 2008 and October 15, 2008. Standard sampling requirements and number of sample locations prescribe the minimum number of samples and the locations dependant on the population served by the drinking water system. Based on a population of 1500 persons, the Municipality of Bayham must obtain samples from twenty (20) private residential plumbing systems, two (2)from non-residential plumbing systems and four (4) from the distribution system served by the Bayham drinking water system. A review of data provided for the completed lead monitoring program confirmed that the municipality had not been able to obtain the required number and type of samples. The owner applied for relief from regulatory requirements and was successful. A copy of this Certificate of Approval # P8260004748RR-O1 is located in Appendix B: Certifìcates of Approval. It should be noted that one (1) test result exceeded of the drinking water standard for lead. This distribution sample was collected from fire hydrant and not a private residence. * All sampling requirements for alkalinity and pH prescribed by schedule 15.1 of O. Reg. 170103 were being met. During the documentation review all lead samples collected by the owner were in accordance with the direction provided in Schedule 15.1-7(3).4 spreadsheet provided by the owner clearly identified alkalinity and pH results. * Samples for chlorine residual analysis were tested using an acceptable portable device. The secondary disinfectant residual was measured as required for the distribution system. All distribution free available chlorine (FAC) residual measurements provided by the owner during the inspection review were appropriately documented including the time, date, FAC residual and the person who analyzed the sample. The owner sampled two (2) times daily from different locations in the distribution system. Records confirmed that the maximum free chlorine residual in the distribution system was less than 4.0 mg/L or that the combined chlorine resídual was less than 3.0 mg/L. Records confirmed that chlorine residual tests were being conducted at the same time and at the same location that microbiological samples were obtained. During the documentation review records verify that chlorine residuals are being collected at the same time and location as microbiological samples from the distribution. The owner has fulfilled the requirements prescribed by O. Reg. 170/03 6-3(1) which requires a water sample to be taken and tested for a microbiological parameter, the owner of the drinking- water system and the operating authority for the system shall ensure that another sample is taken at the same time from the same location and is tested immediately for, (a) free chlorine residual, if the system provides chlorination and does not provide chloramination; or (b) combined chlorine residual, if the system provides chloramination. Records confirmed that disinfectant residuals were routinely checked at the extremities and "dead ends" of the distribution system. Ministry of the Environment Drinking Water System lnspection Report Report Generated for millerji on 1210312009 (ddlmmlyyyy) DWS#:260004748 BAYHAM (ELGIN AWS) DISTRIBUTION SYSTEM Date of lnspection: 1210212009 (dd/mm/yyyy) Page 13 of 18 Staff Report E2009-005 regarding MOE Drinking Water System I... Page 318 of 403 Þontario Ministry of the Environment Drinking Water System lnspection Report WATER QUAL¡TY MONITORING * Testing for parameters required by legislation, Order, or a Permit, Licence or Approval issued under Part V of the SDWA was conducted by laboratoríes in Ontario licenced to test for that parameter, or by eligible laboratories outside Ontario. The Municipality contracts SGS Lakefìeld Research Ltd., 746 Baseline Road E., Suite 202, London ON and Maxxam Analytics lnc 6740 Campobello Road Mississauga ON to conduct the required chemical and microbiological testing. * The drinking water system owner had submitted written notices to the Director that identified the laboratories that were conducting tests for parameters required by legislation, Order Gertificate of Approval (OWRA) or a Permit, Licence or Approval issued under Part V of the SDWA. * Based on information provided by the owner/operator, samples were being taken and handled in accordance with instructions provided by the drinking-water system's laboratories. * The owner indicated that the required records are kept and will be kept for the required time period. WATER QUALIW ASSESSMENT * The inspector collected audit samples during the inspection. Audit samples were collected on, February 18, 2009 by the inspecting officer. Sample results are included in Appendix C of this report. * Results of Ministry audit sampling met the standards included in the Ontario Drinking Water Quality Standards (O. Reg. 169/03) and O.Reg. 170103. no samples results provided * Records show that water sample results taken during the review period met the Ontario Drinking Water Quality Standards (O.Reg. 169/03), with the following exceptions: After reviewing laboratory results and monitoring data provided by the owner, it was found that water provided by the system did not meet the requirements of the prescribed drinking water quality standards. Analytical results for lead were reported slightly over the maximum allowable concentration of 0.010 mg/L at 0.015 mg/L from a sample collected at a fire hydrant during the lead sampling program. The owner has taken the prescribed corrective action as per O. Reg. 170103 or as otherwise directed by the Medical Officer of Health. REPORTING & CORRECTIVE ACTIONS * Corrective actions (as per Schedule 17) were taken to address adverse conditions, includíng any other steps that were directed by the Medical Officer of Health. During the inspection document review period the Bayham Water Distribution Supply had responded to one (1)Adverse Water Quality lncidents (AWOI). All reporting notifications and corrective actions were taken by the operating authority in accordance with O. Reg 170/03. * Corrective actions as directed by the Medical Officer of Health had been taken by the owner and operating authority to address exceedances of the lead standard. Report Generated for millerji on 1210312009 (dd/mm/yyyy) DWS#:260004748 BAYHAM (ELGIN AWS) DISTRIBUTION SYSTEM Date of lnspection:. 1210212009 (dd/mm/yyyy) Page 14 of 18 Staff Report E2009-005 regarding MOE Drinking Water System I... Page 319 of 403 ÐÞontario REPORTING & CORRECTIVE ACTIONS * All required notifications of adverse water quality incidents were immediately provided as per O.Reg. 170/03 16-6. * All required notifications of adverse water quality incidents were provided as per O.Reg, 170103 16-7. * ln instances where written notice of issue resolution was required by regulation, the notice was provided as per O.Reg. 170/03 16-9. * Annual Reports included the required information. * The Annual Report was prepared by February 28th of the following year. * Summary Reports for municipal councilwere completed on time, included the required content, and were distributed in accordance with the regulatory requirements. The Owner/Operater provided a copy of the Summary Report for the water system dated March 20,2008 and resolution that the report was provided to council. * The system was registered with the Ministry and provided the required notice containing information about the system. * All changes to the system registration information were provided within ten (10) days of the change. OTHER INSPECTION FINDINGS * The following issues were also noted during the inspection: During the inspection, it was found that the owner/ operator should give further consideration to the continuous improvement of the overall operation and maintenance of the drinking water system. Please refer to Appendix D for further details related to Best Management Practices and Recommendations. Ministry of the Environment Drinking Water System Inspection Report Report Generated for millerji on 1210312009 (dd/mm/yyyy) DWS#:260004748 BAYHAM (ELG|N AWS) D|STRTBUTTON SYSTEM Date of lnspection: 1210212009 (dd/mm/yyyy) Page l5 of18 Staff Report E2009-005 regarding MOE Drinking Water System I... Page 320 of 403 Ministry of the Environment Drinking Water System Inspection Report NON.COMPLIANCE W¡TH REGULATORY REQUIREMENTS AND ACTIONS REQUIRED This section provides a summary of all non-compliance with regulatory requirements identified during the inspection period, as well as actions required to address these issues. Further details pertaining to these items can be found in the body of the inspection report. Not Applicable Report Generated for millerji on 1210312009 (dd/mm/yyyy) DWS#: 260004748 BAYHAM (ELGTN AWS) DTSTRTBUTTON SYSTEM Date of Inspection'. 1210212009 (dd/mm/yyyy) Page16oflS Staff Report E2009-005 regarding MOE Drinking Water System I... Page 321 of 403 ÐÞontario Ministry of the Environment Drinking Water System lnspection Report SUMMARY OF BEST PRACTICE ¡SSUES AND RECOMMENDATIONS This section provides a summary of all best practice issues identified during the inspection period. Details pertaining to these items can be found in the body of the inspection report. Best Management Practices are recommendations and not mandatory requirements, but may lead to safe drinking water for the consumer. ln the interest of continuous improvement in the interim, it is recommended that owners and operators develop an awareness of the following practices and consider measures to implement them so that all drinking water systems continuously improve their processes. 1. There was no cross-connection control/backflow prevention program, policy and/or by-law in place. At the time of inspection, the owner had not developed a bylaw to prevent potential cross-connections. Recommendation: The Owner should consider developing a comprehensive by-law to prohibit cross connections within the distribution system. A by-law of this type should include, but is not limited to: requirements for yearly inspections of plumbing equipment, maintenance schedules, and reporting requirements to the Owner on issues associated with cross connections. Additionally, the Owner should consider implementing an inspection program to ensure that high risk operations (i.e. wastewater facilities, industrial operations, car washes, interconnecting cisterns, hospitals, clinics, funeral homes, food packing plants, etc.) are scheduled for inspections as a means of assessing whether or not adequate backflow prevention devices are installed, tested or required at high risk facilities. 2. There was no by-law or policy in place limiting access to hydrants. By-laws which limit access to fire hydrants can prevent potential contamination due to inflow or backflow to the water supply. lmproper operation of valves, hydrants and connections could cause unseen problems in the distribution system; additional damage due to flooding; washouts and loss of water pressure may also create unfavorable conditions. It is very important that the municipality ensure that an approved and safe protocol is followed when taking water from hydrants within the distribution system. The protocol should include backflow prevention devices rated for severe hazard conditions to ensure that a potential cross connection between the haulers tank contents and the municipal water distribution is eliminated. lt is very important that the owner provides supervision during connection to the potable water system. Recommendation: It is recommended that a policy including by-laws to enforce its adherence be adopted by the municipality. 3. The following issues were also noted during the inspection: Best Management Practices and Recommendations are provided by the ministry to improve the owner/operator's ability to ensure continuous improvements with the overall operation and maintenance of the drinking water system and ongoing protection of public health. Multiple issues involving the operations of the water system were identified through the inspection process. Recommendation: These are further discussed in Appendix D, and are listed as Best Management Practices and Recommendations. Report Generated for millerji on 1210312009 (dd/mm/yyyy) DWS#: 260004748 BAYHAM (ELGIN AWS) DISTRIBUTION SYSTEM Date of lnspection: 1210212009 (dd/mm/yyyy) Page 17 of 18 Staff Report E2009-005 regarding MOE Drinking Water System I... Page 322 of 403 ÐÞontario SIGNATURES Inspected By: Jim Miller Minlstry of the Environment Drlnking Water System lnspection Report Reviewed &Approwd By: Ewoud \ån Goch Review &Approval Date: Signature: (Supervisor): Z /*e- lr^"1' ¿3/o7 Note: This inspec-tion does not in any way suggest that üere is or has been compliance with applicable legislation and regulations as they apply or may apply to this facility. lt is, and remains, the responsibilig of the owner and/or operating authority to ensure compliance with all applicable legislative and regulatory requirements. Report Generated for millerji on 1203/2009 (dtymrn/Vyyy) DI{IS #: 2600&748 BAYHAM (ELGIN A\A/S) DISTRI BUTION SYSTEM Date of lnspedion: 1210212009 (dd/mmlyyyy) Page 18 of 18 Staff Report E2009-005 regarding MOE Drinking Water System I... Page 323 of 403 Ministry of the Environment Drinking Water System Inspection Report Appendix A Drinking Water System Gomponents Description Staff Report E2009-005 regarding MOE Drinking Water System I... Page 324 of 403 lF> ^ ^ Ministry of the Environment tf Ontaf iO Drinkins Water System lnspection Report Appendix A DRINKING WATER SYSTEM COMPONENTS DESCRIPTION Name: Pt. BurwellWater Distribution Station ld #: Type: Treated Water POE Sub Type: Other Street Number: Street Name: Lot: Goncession: Part: Reference Plan: Map Datum: Geo-Referencing Method : Accuracy Estimate: Location Reference: UTM Zone: UTM Northing: UTM Easting: Latitude: Longitude: Name: Vienna Booster Station and Distribution System Station ld #: 2600047488001 Type: Treated Water POE Sub Type: Pumphouse Street Number: 55486 Street Name: Vienna Line Lot: Goncession: Part: Reference Plan: Map Datum: NAD 83 Geo-Referencing Method: GPS Accuracy Estimate: 1-10 Meters (Good Quality GPS) Location Reference: Edge of Object UTM Zone: 17 UTM Northing: 4724979 UTM Easting: 516620 Latitude: Longitude: Report Generated for m¡llerji on 2310312O09 (dd/mm/yyyy) DWS #: 260004748 BAYHAM (ELGIN AWS) DISTRIBUTION SYSTEM Date of lnspection : 12l12l201g (dd/mm/yyyy) Page I of I Staff Report E2009-005 regarding MOE Drinking Water System I... Page 325 of 403 Ministry of the Environment Drinking Water System lnspection Report Appendix B Certif icate(s) of Approval Staff Report E2009-005 regarding MOE Drinking Water System I... Page 326 of 403 CONIENT COPY OF ORIGINAL Mlnlstry illnbtàro AMENDED CERTIFICATE OF APPROVAL of the do MUNICIPAL DRINKING WATER SYSIEMS Envlronment t'E¡wircnnemetf NUMBER 1788-5SHLD5 The Corporation ofthe Municipality of Bayhan PO Box 160 Straffordville, O¡rørio NOJ IM SiteLocation: MennaPumpingS6ion 93,14 Plank Road. kyham Municipality, County ofElgin NOJ IYT Ptrsuætt to the S{e nrìnking Water ÁcÍ, 2002, S.O. 2002, c. 32, øld lhe regulatioru mde therender and subject to the limitatiotts thereof, this approval is issued nder Pøt V of the S6e nrinking Water /ct. 2002, S.O. 2002, c.32 to: Ihe Corporation oftheMunicipality of Bayham PO Box 160 SEaffordville, Ontario NOJ lYO PART I . NRINKII\G }VATÍR. SYSTTMNTSCRIPÏION l.l for a drinking-water system serving the Mllage ofMenng in the Municipality of Bayham, rcceiving Íeated water from üre Elgin AreaPrimary Water Supply System, consisting of the following: Menna Booster Pumping Station Treated water from the Elgin AreaPrimary Water Supply System enters the MernaBoosterPumping Station after receiving re-chlorination at both hnvell Water Tower and Lakeview Rechlorination facility. The Boosær Pumping Station, located at UTM NAD83 Znne 17 , 516821 .73m E and 472878.19m N and consisting of: - a22 kW pump rated al 45 Us at a TDH of 26 m. - one (1) pr€ssure regulating valve. - one (l) by- pass piping connection. all in accordance with the Engineer's Report prepared by "Earth Tech Canada [nc." dated March 3 1, 2001 and any additional information and documentation that may havq been provided in support of the ReporL 1.2 all in accordance with the applications and plans and ofier supporting documents listed in Schedule "A', and all other Schedules, which a¡e attached to, and form part ofthis approval, except as specified in the conditions contained herein. PART2 - nFTUTIOIS mn nr()nnr¡uoN 2.1 In this approval, unless the context otherwise requires, words and phrases shall be giventhe same meaning as those set out nthe Safe Drinkíng W'ater Act, 2002,5.0.2002, c.32 and any regulations made in accordance with that act. 2.2 In this approval Staff Report E2009-005 regarding MOE Drinking Water System I... Page 327 of 403 CONTENT COPY OF ORIGINAL "q)proval" means this entire approval documen! issued in accordance with section 36 of the SDWA, and includes any schedules to it "Dit€ctor" means a director appointed pursuant ûo s. 6 ofthe SDllAlo¡ the purposes of Part Vof theSDWA "drinking-water system" includes the works set out in Part I "provincial ofücer" means a p¡ovincial officer appointed pursuant to s. 8 of the SDZI "SDWA" meøts the S{e Drinking Water Act, 2002, S.O. 2002, c. 32, as onended 2.3The following informæion is applicable to this approval uo\rrer" is the Municipality of þharn, its successors and assþees "operating authority" is the Ontario Cle¿n Water Agency (OCWA), its successors and assignee PART3 - GE\¡RAL Compliance 3.1 The owner and operating authority shall operate the drinking¡water system in accordance withthe SDWA, any çplicable regulations made theretrnder, and this approval. 3.2 Despite any condition of this approval to the contary, the owner and operating authority set oú in Pa¡t 2 are jointly and severally liable to comply with all conditions ofdris approval. 3.3 The owner and operating authority shall ensue thd any person authorized to carry oú work on or operate any aspect of the drinking-water system has been informed of the SDWA,all applicable regulations made in accordance with that act, and this approval and shall take all reasonable measures to ensure any such person complies with the same. 3.4 A copy ofthis approval shall be kept in a conspicuors place so that it is available for reference by all persons responsible for all or part of the operæion of the drinking-wafer system. Build, etc in Accordance 3.5 Except as otherrxise provided by this approvat, the drinking-water system shall be designed, developed, built, operated and maintained in accordance \À,ith Part I above and the documentation listed in Schedule'i4". Interpretation 3.6 Where there is a conflict between the provisions of this approval and any other document the following hierarchy shall be used to determine the provision that takes precedence: i.TheSDWA; ii. a condition imposed in this approval in accordance with s. 38 of the SDWAç iii. any regulation made undertheSDWA; Staff Report E2009-005 regarding MOE Drinking Water System I... Page 328 of 403 CONTENT COPY OF ORIGINAL iv. this approval; v. any application documents listed in Schedule nA" from most recent to earliest and vi. all other documents listed in Schedule "/t'' from most ¡@ent to ea¡liest. 3.7 The requirunents of this approval are severable. If any requirement of this approval, or the applicAion of any requirement ofthis approval to any circumstance, is held invalid or unenforceable, ttre application of such requirement to other circumstanc¿s and the remainder of this approval shall not be affected thereby. 3.8 Nothing in this approval shall be read to provide relief ûom the need for sEict compliance with the Ewironmental Assessmenl Act, R. S.O. I 990, c E. I 8. Other Legel Obligations 3.9 The issuance of, and compliance with the conditions of, this approval does not: i. relieve any pemon of any obligation to comply with any provision of any applicable statute, reg¡rlation or other legal requirernent or ii, limit in any way the authority of the ministry to require certain steps be taken or to require the owner to ñ¡¡nish any ftrther information related to compliance with this approval. 3.10 For greater clarity, nothing in this approval shall be read to provide relief from regulatory requirements in accordance wíth section 38 of the SDWA, exce'pt as provided in Part 9. Adverse üfects 3.1I Nothing in this approval shatl be read as to permit i) the discharge of a contaminant into the natr¡ral envi¡onment that car¡ses or is likely to cause an adverse effect; or ii) the discharge of any material of any,kind into or in any waters or on any shore or bank thereof or into or in any place that may impair the quatþ ofthe water of any waters. 3.12 Nl reasonable steps shall be taken to minimize and ameliorate any adverse effect on the natural envi¡onment or impairment of the quality of water of any waters resufting from the operation of the drinking- water system including such accelerated or additional monitoring as may be riecessary to determine the natue and extent of the effect or impairmenl 3.13 Fulfillrnent of one or more conditions imposed by this approval does not eliminate the requiremant to fulfill any other condition of this approval or the requirements of any applicable statute, regulatÍoq or other legal requirement resulting from any act or omission that causes or is likely to caus€ an adverse effect on the nah¡ral environment or the impairment of water quality. Change of Ortner 3.14 The owner or the operating authority, as the case may be, shall notiry the director, in writing of any of the following changes within 30 days ofthe change occurring: i. change of owner or operating authority; ii. change ofadd¡ess; iii. change of partners where the owner is or at any time becomes a partnership, and a copy of the most recent decla¡ation filed under the B¡siness Names Áct, R.S.O. 1990, c. 817; or iv. change of name of the corporation where the owner or operating authority is or at any time Staff Report E2009-005 regarding MOE Drinking Water System I... Page 329 of 403 CONTENT COPY OF ORIGINAL becomes a corporatior¡ and a copy of the most cunent information filed under the Corporations Information Act, R.S.O. 1990, c. C.39. 3.15 In the event of any change in ownership of the drinking-\ryater system, other than change to a successor municipality, the owner strall notif, the successor of and provide the successor with a copy of this approval, and the owner shall provide acopy of the notification to the district manager ofthe local office of lhe ministry and the director. Inspections 3.16 No person shall hinder m obsfuct a provincial officer in the performance oftheir ú¡ties, including any and all inspections authorized by tIrc SDWA Inform¡tion 3.17 Any informæion requeste{ by the ministry, conceming the drinking-water system and its operation under this approval, including but not limited to any records required to be kept by this approval shall be provided to tlre Minístry, upon request. 3 , I I Records required by or creaed in accordance with this approval, unless specífically referenced in s. 12 of O. Reg. l70l\3, shall be retaíned for at least 5 years in a location where a provincial officer who is ínspecting the treatment system can conveniently view them. 3.19 The receipt of any information by the mínistry or the failure ofthe ministry to proseqfe any person or to require any person to take any actior¡ under this approval or under any statute, regulalion or other legal requirement in reldion to the informationb shall not be constn¡ed as: i. an approval, waiver, or jufification by the ministry of any act or omission of any person that contravenes any tenn or conditíon ofthis approval or any statute, regulation or other legal requirement; or ii. acceptance by the ministy of the information's completeness or accuracy. PART4 - PMF'ORMAIWF' 4.1 The drinkíng-water system shall not be operated to exceed ttre following mæ<imun flow rate set out below: Booster Pump Mæ<imumFlowRafe (*L/s99 VrennaBooster _ it_....- _. __..45 4.2 Despite condition 4.1, the drinking-water system may be opemted ztarate above the maximum flow rate set out in condition 4.1 where necessary for: i. the maintenance ofthe drinking-water system. 4.3 Condition 4.2 shall not be constued to allow drinking-water to be supplied thât does not meet all other applicable standards and legal requirsments. PARTS : IToI\IITORTTG AND RECORDTNG Staff Report E2009-005 regarding MOE Drinking Water System I... Page 330 of 403 CONTENT COPY OF ORIGINAL Flowme¡suring devices 5.1 Instatl a suffrcient number of flow-measuring devices within the drinking-water system to permit the meåsurement and recording of: i. the monthly volume of water conveyed ttrough the Menna Booster Pumping Station. PART6 - OPRATIOI\N| AI\¡D T{ATNTFITANCE Chemical standards 6.1 All chemicals and mæerials used in the operation of the drinking-$rater system that come into contact with water within the system shall meet atl applicable standards set by both the Americ¿n Wder Works Association ('AWWA') and the American National Standards Institrfe ('ÁI{SI") safety criteria sta¡dards NSF/60 and NSFi6t. 62Themost current chemical and material product registation docwnentation from a testing institution accredited by either the Søndards Council of Canada or by the Amerícan Ndional Standards Institt¡tion shall be available at all times for each chemical and material used in the operation of the drinking-water system that comes into contact with water within the system. 6.3 Condition 6.2 does not apply in the context of any particular chemical or material where the Owner has written documentation signed by the director that indicates that the Ministry is satisfied that the chemical or material is acceptable for use within ttre drinking-water system and that chemical or material is only used as permitted by the documentation. Operations mrnual 6.4 An upto{ate operations manual shall be maintahed and available for refelence by all persons responsible for all or part of the operation of the drinking-water system. 6.5 Ttrc operations manual shall include at a minimum: i. the requirements ofthis approval and associated procedwes; ii. the operation and maintenance recommendations from the most recent engineers' report; iii, procedures for the monitoring and recording of in-process parameters necessary for the conÍol of the teatment system and assessíng the performance of the drinking-water system; iv. procedrnes forthe operation and maintenance of monitoring equipment; v. contingency plans and pmcedures for the provision of adequate equipment and material to deal with emergencies, upset and equipment breakdown; vi. procedures for the dealing with complaints related to the drinking-water system, including the recording of the nær¡re of the complaint and any investigation and corrective action takenthat in respect of the complaínt. ó.6 Procedures neeessary to the operation ofany physical alterations ofthe drinking-water system shall be Staff Report E2009-005 regarding MOE Drinking Water System I... Page 331 of 403 CONTENT COPY OF ORIG¡NAL incorporated into thê operations manual prior to fie alterations coming into operation. Drawings 6.7 An uptodate hocess and lnstrumenøtion Diagram for the treafirent systeflr shall be kept on site æ the drinking rvater system. 6.8 All drawings and diagrams in the possession ofthe o\Mrer or operating auttrority thd show the trca,fiient system as constructed shall be retained. 6.9 An alteration to the teatment system shall be incorporated into Process and Instruction Diagrams and record drawings and diagrams within one year ofthe substantial completion ofthe alæration and shall be r€tained and shall be made readily available for inspection by Mnistry statr PART 7 - F'UTI]RE AI,TTRATIOI\S Approved future alterations 7.1 Not Applicable Certifi c¡te of com pliance 7.2 Not Applicable PART8. STTJDITS AND IJPGRADË¡ REQI]IRE) 3.1 ¡e1 efplicable Requirement not an approval 3.2 ¡e1¡pplicable PART q - RU,IE' EROM RmJI^À'IORY REQUÍRAì4EYÍS Relief from regulatoly requirements 9.1 Not applicable Conditions in exchange for relief from regulatory requirements 9.2 Not applicable scf{lrÐur.F._ Á The following supporting documents form part of this approval. l. Applicæion daþd June 19,2003 - Correspondence dated June 16,2003 and October 17,2003 from John D. Armistead, P.Eng., EarthTech - Plan entitled "þgraded Port B¡rwell Secondary Water Supply System Schematics" dated June 2003, prepared by Earttr Tech 2. The original applications for approval, including dæign calculations, engineering drawings and reports, and Staff Report E2009-005 regarding MOE Drinking Water System I... Page 332 of 403 CONTENT COPY OF ORIGINAL other supporting documents prepared in support ofany previous certificate(s) ofapproval issued for any works now approved and replaced by this approval, unless this approval states otherwise. Ihis Certifïcrte of Approvel revokes rnd replaces Certificat{s) of Approval I\o. 8319-5IøRZQ issued on I}ãy 16' 20üt Atl or pøt of this qproval may be revíayable in accordørce with the provisions of Pøt X of lhe SùVA. In accordutce with Section 129(l) of the Sqft nrinkìng Water ract. Chqter 32 Statutes of Onløio, 2002, as mtended, you may by written notice served tpon me md the Environmental Review Tribmal wilhin I 5 days fier receípt of this Notice, require a heøíng by the Tribunal. Section 129 (2) sets out a procedwe upon which the I 5 doys may be extended by the Trihnal. Section 129(j) ofthe Sde Drìnking Water 4ct. Chapt* 32 Stattes of Ontøio, 2002, provides that the Notice requiring the heøing shall state: l The aspect oftlre decision, including the portion of the permi! licence, approval, o¡der or notic¿ of administative *n"Çin r"rp"ct of whicb the hearing is rcquired; and 2, The grounds for ¡eview to be ¡elied on by the person at the hearing. Except with leave oftùe Tribur¡al, a person requiring a hearing in ¡elation to a reviewabls decision is not entitled to, a) a rcview ofany aspect ofthe decision othc¡ than úat statcd in the notice requiring the hearing; or b) a review ofthe decision other than on the grounds stated in the notice The Notice should aho include: 3. The name ofthe appellant; 4, The address ofúe appellant; 5. The Certificaæ of Approval number; 6. The date of the Ce¡tifioate of Appmval; 7. The n¡me of tlre Dircctor; t. The municipality within which the wo¡ks arc located; And the Notice should be signed otd dated by the appellant. Thìs Noticemust be serttedupn: Ilæ Secretryr AND The Dircctor Envi¡srmenbl RwiewTrihnd PüIV,W MnldnÈ lyd¿tAcL 2002 2300 Yonge Sr, l2úr Floor Ministy ofEnvironnent P.O Box2382 2SLClairAvcnræWcs(Floorl2A Torolrto, fufio Torontq Or¡Þrio M4p tE4 M4V lu * Furtbcr infom¡¡tion o¡ thc E¡viro¡ment¡l Review Tribun¡l'c requircmclts for rn eppcel c¡n be obt¡i¡¿d dircctly from thc Tribu¡¡l rt Tcl: (416) 314{ófXl, F¡r: (416) 314-4f}6 or ww*c¡tgov.otr.c¡ Ihe above notedwalerworb øe ryproved tmder Pøt Y of the Sde nrìnhing Water Act. DATED AT TORONTO this 2lst day of Octobe\2003 ;II IndraPrashad, P.Eng. Director Party olthe Safe Drhking Water Act, 2002 RIvl/ c: Distict Manager, MOE London - DisFict John Armistea{ Earth Tech Inc. Staff Report E2009-005 regarding MOE Drinking Water System I... Page 333 of 403 Itlini*hy of the Environment Mini*tè¡e de l'Environnement Sa[e DrinkingWater Btanch Direction du contrôle de [a qualité de Floor l9 l'eau potable2StClairAveW Étaæ19 Toronto 0N M4V 1LS 2 àt St Clðir guest Fa}[ [4]ËJ3141037 Toronro ûN M4V 1L5 Telephone: [41 6) 31 4-8] 84 Télécopieur: [41 6]31 4-1 037 TéÉphone : [41 6ì 31 4-81 84 July 11, 2008 Ed Roloson Water/IVastewater Superintendent Municipality of Bayham P.O. Box 160 Staffordville, ON NOJ lYO RE: Regulatory Relief From Lead Sampling Requirements Bayham Distribution Certificate of Approval Number PB.26000 4748RR-0 I We have enclosed a new Certificate of Approval in accordance with Part V, of the SDWA. This Certificate provides regulatory relief from lead sampling requirements of Regulation 170/03 for the above drinking water system, subject to the Terms and Conditions listed nPart4. If you have any questions regarding the above approval, please contact Edmond Lui, P.Eng., Senior Water Engineeq at (416) 212-37 04. AzizS. Ahmed, P.Eng. Director, Part V SDWA cc. Drinking Water Supervisor, MOE London District Office Staff Report E2009-005 regarding MOE Drinking Water System I... Page 334 of 403 lrtinistry MinistÞre CERTIFICATE OF APPROVAL of rhe de MUNICIPAL DRINKING WATER SySIEMS Environment t'Environnement NUMBER P8260004748RR-01 Page lof 5 Municipality of Bayham P.O. Box 160 Staffordville, ON NOJ lYO Pursuant to the Søfe Drinking Water Act, 2002, S.O. 2002, c. 32, and the regulations made thereunder and subject to the limitations thereof, this approval is issued under Part V of the Safe Drinking Water Act, 2002, S.O. 2002, c. 32 to: Municipality of Bayham P.O. Box 160 Staffordville, ON NOJ 1YO PART 1 - DRINKING WATER SYSTEM IDENTIFICATION 1.1 with respect to the drinking water system serving Municipality of Bayham, known as Bayham Distribution, identified as DWS Number 260004748. PART 2 - RELIEF FROM REGULATORY REOUIREMENTS 2.1 for relief from regulatory requirements, pursuant to section 38 of the Safe Drinking Water Act, as follows: Notwithstanding the provisions of Schedule 15.1 of O.Reg. 170/03, the Owner is not required to comply with the following: Samnlins Reouirements of Schedule 15.1-4(1)a. b and c Number of Sampling Points In Plumbing that Serves Private Residences Number of Sampling Points in Plumbing that Does Not Serve Private Residences Number of Sampling Points in Distributions System 20 2 4 2.2 In exchange for the relief granted under 2.L above, and subject to the Terms and Conditions of Part 4 below, the Owner is required to comply with the following: Page 1 Number P8260004748RR-01 Staff Report E2009-005 regarding MOE Drinking Water System I... Page 335 of 403 Samoline Requirements Subiect To Conditions In Part 4 Number of Sampling Points In Plumbing that Sewes Private Residences Number of Sampling Points in Plumbing that Does Not Serve Private Residences Number of Sampling Points tn Distributions System 6 2 4 PART 3 - DEFINITIONS AND INF'ORMÄTION 3.1 Words and phrases not defined in this approval shall be given the same meaning as those set out in the Safe Drinking Water Act, 2002, S.O. 2002, c. 32 and any regulations made in accordance with that act, unless the context requires otherwise. 3.2 In this approval "adverse effect", "contaminant", "impairment" and "natural environment" shall have the same meanings as tnthe Environmental Protection lcr, R.S.O.1990, c. E.l9 and tlile Ontario Water Resources Act, R.S.O.1990, c. O.40; "approval" means this entire approval document, issued in accordance with section 36 of the SDWA, and includes any schedules to it; "Director" means a Director appointed pursuant to s. 6 of the SDWA for the purposes of Part V of the SDúVA; "provincial officer" means a provincial officer appointed pursuant to s. 8 of the SDITA; "SDWA" means the Safe Drinking Water Act, 2002, S.O. 2002, c. 32, as amended' PART 4 - TERMS AND CONDITIONS 4.I The relief from regulatory requirements granted under this approval is in effect for the following sampling periods described under Schedule 15.l-4(2): December 15,2007 to April 15,2008 4.2 Notwithstanding condition 4.I above, the relief from regulatory requirements granted under this approval is also in effect for the following sampling periods: June 15,2008 to October 15,2008 December 15,2008 to April 15,2009 June 15, 2009 to October 15,2009 P age 2 Number P8260004748RR-0 1 Staff Report E2009-005 regarding MOE Drinking Water System I... Page 336 of 403 This relief is conditional upon the Owner submitting to the Director the following documentation prior to the end of the particular sampling period: I 11 111 A copy of the documents sent to each private residence/non-residential building within the area of service, requesting volunteers to provide sampling locations as required under Schedule 1 5. l. A copy of newspaper or other media advertisements requesting volunteers. Logs of direct contacts made with occupants of private residences and non-residential buildings requesting volunteers, including phone calls or home visits. For greater certainty, this clause does not impose a requirement to contact each private residence within the area of service, but the Owner should be make reasonable efforts to directly contact private residences to request volunteers. Documentation of any other steps taken to secure volunteers to provide sampling locations in accordance with Schedule 15.1 A statement from the owner confrrming that reasonable efforts were made to contact occupants of all residential and non-residential buildings within the service aÍea,to secure volunteers. A statement from the Owner confirming the number of volunteers for both residential and non-residential locations. lv V. l1 4.3 4.4 4.5 4.6 The relief from regulatory requirements granted under this approval will not apply to a sampling period described irL4.2, if the Owner does not comply with the conditions undet 4.2 for that sampling period. In the event that the owner secures alarger number of volunteers for sampling in any one sampling period than is required under the relief granted in this approval, the owner shall increase the number of samples collected during that sampling period to include the additional volunteers, up to the minimum required under Schedule 15.1 of O.Reg. 170103. Regardless of the number of additional samples collected during that sampling period, the relief granted under this approval will remain in effect for the other sampling period listed in 4.2. In the event O.Reg.l7OlO3 is amended to require fewer sampling locations than specified under the relief granted in this approval, then the regulation shall prevail. Section 15.1-5 (Reduced Sampling) of the Regulation does not apply to this drinking water system as long as the relief from regulatory requirements granted under this approval is in effect. Page 3 Number P8260004748RR-01 Staff Report E2009-005 regarding MOE Drinking Water System I... Page 337 of 403 SCIIEDULE A The following documents form part of this approval: 1. Request for Regulatory Relief From Lead Sampling Requirement in Schedule 15.1 Of Regulation 170/03, dated April 7,2008. All or part of thß decision may be reviewable in accordance with the provisions of Part X of the SDWA. In accordancewith Section 129(I) of the Safe DrinkingWater Act, Chapter 32 Statutes of Ontario, 2002, as amended, you mqy by written notice served upon me and the Environmental Review Tribunal within 15 days after receipt of this notice, require a heøring by the Tribunal. Section 129(2) sets out a procedure upon which the l5 days may be extended by the Tribunal. Section 129(3) of the Safe Drínking Water Act, Chapter 32 Statutes of Ontario, 2002, provides that the Notice requiring the hearing shall state: l. The aspect of the decision, including the portion of the permit, licence, approval, order or notice of administrative penalty in respect of which the hearing is required; and 2. The grounds for review to be relied on by the person at the hearing. Except with leave of the Tribunal, a person requiring a hearing in relation to a reviewable decision is not entitled to, (a) a review of an aspect of the decision other than that stated in the notice requiring the hearing; or (b) a review ofthe decision other than on the grounds stated in the notice The Notice should also include: 3. The name of the appellant; 4. The address ofthe appellant; 5. The Certificate of Approval number; 6. The date of the Certificate of Approval; 7 . The name of the Director; 8. The municipality within which the works are located; And the Notice should be signed and dated by the appellant. This Notice must be sertted upon: The Secretary* The Director Environmental Review Tribunal P artY , Safe Drinking llater Act' 2002 655 Bay Street, l5th Floor Ministry of the Environment Torontó, Ontario AND 2 St. Clair Avenue West, Floor 124 M5G 1E5 Toronto, ontario M4V IL5 * Further information on the Environmental Review Tribunal's requirements for an appeal can be obtained directly from the Tribunal aû Tel: (416) 314-4600, Fax: (416) 314-4506 or www.ert.goY.on.ca Page 4 Number P8260004748RR-01 Staff Report E2009-005 regarding MOE Drinking Water System I... Page 338 of 403 The above noted wqter works are approved under Part V of the Safe Drinking l{ater Act, DATED AT TORONTO this llth day of July, 2008 AzizS. Ahmed, P.Eng. Director, Part V Safe DrinkingWater Act EU c: Drinking'Water Supervisor, MOE London District Office Page 5 Number P8260004748RR-01 Staff Report E2009-005 regarding MOE Drinking Water System I... Page 339 of 403 Ministry of the Environment Drinking Water System lnspection Report Appendix C MOE Audit Sample Results Staff Report E2009-005 regarding MOE Drinking Water System I... Page 340 of 403 APPENDIX C Table 1 BAYHAM (ELGIN A,WS) DISTRIBUTION SYSTEM AUDIT SAMPLE RESULTS - 18.FEB-2009 CHEMICAL / PHYSICAL PARAMETERS . HEALTH RELATED Sample # I - VIENNA COMMUNITY CENTRE, 26 FULTON ST. DISTRIBUTION Pmmetø Units uncl Ivlc 2 Ao3 SAMPLE fl BENZENE C6H6 UG/L 5 .05 <:\\ BROMODICHLOROMETIIANE UGII,76 BROMOFORM UG/L 5 <:\l CARBON TETRACHLORIDE UC/L 5 .2 <:Ì\ CHLOROBENZENE UGIL 80 .05 <:\\ CHLORODIBROMOMETHANE UG/L 34 UGII-t26 DICHLOROBENZENE I,2 UGII-200 .05 <:\¡' DICHLOROBENZENE I,4 UG/L 5 .05 <:Ìl DTCHLOROETHANE I,2 UGIL 5 .05 <:\\ .05 <:\4 .05 <:\ DICHLOROETHYLENE I.I UG/L t4 .05 <:\4 LEAD, UNFILTEREDTOTAL UGI]-l0c 43 +/-0.3t METHYLENE CHLORIDE UG/L 50 2 <:\À 2 <:'r\ TETRACHLOROETHYLENE UC/L 30 05 <:\[ TRICHLOROETHYLENE C2HCL3 UG/L 5 05 <:r!¡' 05 <:\¡l TRIHALOMETTIANES, TOTAL uatL 100 e 2f5 VINYLCHLORIDE C2H3CL tJG/L 2 .05 <:\4 Shortforms: <T - A measurable trace amount; interpret with caution NA - Result not available <W - No measurable response (zero) : < Reported value NS - Not sampled <:W - No measurable response (zero) : < Reported value NG/L - Nanograms per litre ND - Not detected MG/L - Milligrams per litre lNP - No appropriate procedure available 23-MAR-2009 Page I Module: wb_swip.rdf Staff Report E2009-005 regarding MOE Drinking Water System I... Page 341 of 403 Footnotes: I MaximumAcceptableConcentration 2 Interim Maximum Acceptable Concentration 3 Aesthetic Objective 4 lnchtdes alpha-chlordane, gamnt¿-Chlordane and Oxychlordane 5 Includes p,p'-DDE, o,p'-þþ1, p,4'-DDD and p,pDDT a) Total toxic equivalents when compared with 2,3,7,8,-TCDD (tetrachlorodibenzo-pdioxin) b) lVhere fluoride is added to drinking water, it is ¡ecommended that the concentration be adjusted to 0.5 - 0.8 mg/L, the optimum level for control oftooth decay. Where supplies contain naturally occuning fluoride at levels higber than 1.5 mg/L but less than 2.4 mgll- the Ministry of Health and Long Term Care recommends an approach through local boards ofhealth to raise public and professional awareness to control excessive exposure to fluoride from other sources. Levels above the MAC must be reported to the local Medical Oflicer of Health. c) This standard applies to water at the point of consumption. Since lead is a component in some plumbing systems, fìrst flush water may contain higher concentrations of lead than \ilater that has been flushed for five minutes. d) Where both nitrate and nitrite are present, the total ofthe two should not exceed l0 mg/L (as nitrogen). e) The standard is expressed as a running annual average of quarterly samples measured at a point reflecting the maximum residence time in the distribution system. 23-MAR-2009 Page2 Module: wb swip.rdf Staff Report E2009-005 regarding MOE Drinking Water System I... Page 342 of 403 APPENDIX C Table 2 BAYIIAM (ELGIN AWS) DISTRIBUTION SYSTEM AUDIT SAMPLE RESULTS. 18.FEB-2009 MICROBIOLOGICAL PARAMETERS - HEALTH RELATED Sample # 1 - VIENNA COMMUNITY CENTRE, 26 FULTON ST. DISTRIBUTION Sample # 2 - 3l ELIZABETH ST, BAYHAM PUBLIC WORKS DISTRIBUTION Sample # 3 - 1 CHATHAM ST, PT. BURWELL SEV/AGE PLANT DISTRIBUTION Parameter U¡its MAC no'SAMPLE SAMPLE #1 #2 NT: DETERIORATION INDICATORS c/l0oML 0 NOT DETECTED NOT DETECTED NT: ESCHERICHIA COLI c/l00ML 0 ABSENT ABSENT NT: TOTAL COLIFORMS c/l00ML 0 ABSENT ABSENT 23-MAR-2009 Page 3 Module: wb swip.rdf Staff Report E2009-005 regarding MOE Drinking Water System I... Page 343 of 403 APPENDIX C Table 2 BAYHAM (ELGIN AWS) DISTRIBUTTON SYSTEM AUDIT SAMPLE RESULTS. 18-FEB-2009 MICROBIOLOGICA.L PARAMETERS . IIEALTH RELATEI) Sample # 1 - VIENNA COMMUNITY CENTRE, 26 FULTON ST. DISTRIBUTION Sample # 2 - 3l ELIZABETH ST, BAYHAM PUBLIC WORKS DISTRIBUTION Sample # 3 - I CHATHAM ST, PT. BURWELL SEWAGE PLANT DISTRIBUTION Parameter Units MAc.¡.o'SAMPLE #3 NT: DETERIORATION INDICATORS l/l00ML 0 NOT DETECTED NT: ESCHERICHIA COLI l/l00ML 0 ABSENT NT: TOTAL COLIFORMS :/l00ML 0 ABSENT Notes: - Escherichia coli is a more definitive indicator of fecal contamination than fecal coliforms or total coliforms. - At elevated levels, the general bacterjal population may interfere with the detection of coliforms. This general population can be estimated from either background colony counts on the total coliform membrane filters or heterotrophic plate counts (HPC). Shortforms: C/l00mL - Count per 100 millilitre C/mL - Count per millilitre Footnotes: 1. Maximum Acceptable Concentration 2. Aesthetic Objective 23-MAR-2009 Page 4 Module: wb_swip.rdf Staff Report E2009-005 regarding MOE Drinking Water System I... Page 344 of 403 According to section I 6-3 ofO.Reg. 170/03,the following are prescribed as adverse results of a drinking-water test for the purpose of section 1 8 of the Safe Drinking Water Act 2002: 1. A result that exceeds aoy of the standards prescribed by Schedule 1, 2 or 3 to the Ontario Drinking-Water Quality Standards, other than the standard for fluoride, if the result is f¡om a sample ofdrinking water. 2. A result indicating the presence ofAeromonas spp., Pseudomonas aeruginosa, Staphylococcus aureus, Clostridium spp. or fecal streptococci (Group D streptococci) in a sample ofdrinking water. 3. A result indicating the presence ofa pesticide not listed in Schedule 2 to the Ontario Drinking-Water Quality Standards in a sample ofdrinking water, at any concentration. 4. A result indicating that the concentration offree chlorine residual is less than 0.05 milligrams per litre in a distribution sample, ifthe drinking-water system provides chlorination and does not provide chloramination. 5. A result indicating that the concentration of combined chlorine residual is less than 0.25 milligrams per litre in a distribution sample, if the drinking- water system provides chloramination. 6. Ifthe drinking-water system is required to provide filtration and a report under subsection l8 (1) ofthe Act has not been made in respect ofturbidity in the preceding 24 hours, a result indicating that turbidity exceeds 1.0 Nephelometric Turbidity Units (NTÐ in, i. a grab sample ofwater taken from a filter effluent line, or ii. two samples of water from a fìlter efïluent line that are tested by continuous monitoring equipment, if the two samples were taken l5 minutes or more apart and the later of the two samples was the first sample that was taken 15 minutes or more after the earlier sample. 7. Ifan approval or order, inc'luding an OWRA order, identifìes a parameter as a health-related parameter and establishes a maximum concentration for the parameter, a result indicating that the parameter exceeds the maximum concentration in a sample of drinking water. 8. A result indicating that the concentration ofsodium exceeds 20 milligrams per litre in a sample of drinking water, ifa report under subsection 1 8 (1) of the Act has not been made in respect ofsodium in the preceding 60 months. 9. A result indicating that the concentration of fluoride exceeds 1.5 milligrams per litre in a sample ofdrinking water, if, i. the drinking-water system provides fluoridation and a report under subsection 18 (1) ofthe Act has not been made in respect offluoride in the preceding 24 hours, or ii. the drinking-water system does not provide fluoridation and a report under subsection I 8 (l) ofthe Act has not been made in respect of fluoride in the preceding ó0 months. 23-MAR-2009 Page 5 Module: wb_swip.rdf Staff Report E2009-005 regarding MOE Drinking Water System I... Page 345 of 403 APPENDIX C Table 3 BAYIIAM (ELGIN AWS) DISTRIBUTION SYSTEM AUDIT SAMPLE RESULTS. 18-FEB-2009 CHEMICAL / PHYSICAL PARAMETERS . NOT HEALTH RELATEI) Sample # 1 - VIENNA COMMUNITY CENTRE, 26 FULTON ST. DISTRIBUTION Pmmeter Units OBJECTIVE TYPE OF OBJECTIVE SAMPLE #l DICHLOROBENZENE I,2 UG/L 3 AO .05 <=\¡ DICHLOROBENZENE I,3 UGIl,20 .05 <:\¡ ETHYLBENZENE CSHIO UC/L 24 AO 05 \À STYRENE C8H8 JGII-2600 05 u STYRENE C8H8 UG/L 4 05 <:U STYRENE C8H8 UC/L 4 05 u TOLUENE C7H8 uGlt 24 AO 05 <:\¡ XYLENE-M AND P UGIL 300 AO 05 XYLENE.O CSHIO UG/L 300 AO 05 u Shortforms: <T - A measurable tra e amount; interpret with caution AO Aesthetic Objective <W - No measurable response (zero) : < Repofed value OG _ Operational Guideline <=w - No measumble response (zero) : < Reported value Fru : NTU Nephelometric Turbidity unit ND - Not detected NG/L - Nanograms per litre NA - Result not avail le uG/L - Micrograms per litre NS - Not sampled MG/L Milligrams per litre DEG - Degree celsius Footnotes: a) No limit has be€n established for this parameter. b) Organic Nitrogen = (Total Kjeldahl Nitrogen - Ammonia) c) The aesthetic objective for sodium in drinking water is 200 mg/L. The local Medical Officer of Health should be notified when the sodium concentration exceeds 20 mg/L so that this information may be communicated to local physicians for their use with patients on sodium restricted diets' d) When suþate levels exceed 500 mgll, water may have a laxative effect on some people. e) Applicable for all \¡/ater at the point ofconsumption. 23-MAR-2009 Page 6 Module: wb-swip.rdf Staff Report E2009-005 regarding MOE Drinking Water System I... Page 346 of 403 Ministry of the Environment Drinking Water System lnspection Report ApPendix D Best Management Practices and Recommendat¡ons Staff Report E2009-005 regarding MOE Drinking Water System I... Page 347 of 403 Best Management Practices and Recommendations 1/ lt is recommended that the owner evaluate all air and vacuum relief chambers and valve piping to ensure that the open end of the airlvacuum relief pipe is not located in an area subject to flooding. The open end of an airlvacuum relief pipe should be extended to at least one foot above grade. A downward facing elbow provided with a vermin proof screen should also be used and assessed for damage on an ongoing regularity. lf the chambers are prone to flooding the owner/operator should increase site inspections to ensure that any air or vacuum relief valves are not submerged underwater. The chambers should be pumped on as needed basis to prevent the potential for contamination of the distributed water. 2/ lt is recommended that the owner/operator continue to develop and maintain an up{o-date comprehensive operations manual which includes:o a summary of all applicable legislation, regulations and guidelines relating to designated facility systems.. a description of general operating and maintenance requirements for source water protection, pumping, point of entry treatment requirements and remote distribution monitoring ; sampli ng schedules; personnel safety information; water system start up procedures after periods of shut down and emergency planning. 3/ lt is recommended that the owner/operator continue ongoing development of templates for record-keeping including operational data such as water usage metering; water quality testing, operational maintenance tasks, repairs etc. 4/ lt is recommended that the owner/operator continue to develop a contact list to provide additional resources so that operators can consult for more detailed guidance on regulatory; operationaltrouble shooting and maintenance most relevant to their water systems. 5/ lt is recommended that the owner/operator continue to develop a descriptive manual of best practices for various elements of a water system's operation. The Municipality of Bayham should also consider the ongoing development and implementation of a comprehensive maintenance and record program to include all operational assets. Planned or preventative maintenance is essential for the safe and reliable operation of any facility. By maintaining comprehensive detailed maintenance records it may provide the owner/operator with multiply benefits as listed but not limited to the following:. assess the need of equipment replacement or rehabilitation. ensure equipment is properly maintained to prevent premature breakdowns Staff Report E2009-005 regarding MOE Drinking Water System I... Page 348 of 403 . reduce operational cost; after hour call-outs and emergency responseo maximize the life expectancy of capital investment equipment. reduce the possibility of interrupted water serviceso reduce the possibility of water system contaminationo provide historic data and trendingo increase the knowledge of facility operatorso increase awareness to problematic equipment breakdowns. identify the need for staff training relevant to the systems being operatedr provide critical information regarding budgeting for operations; staffing; capital cost etc.. help identify any deficiencies with the current operations of the facility or distribution system. mây demonstrate owner/operator has acted with due diligence 6/ lt is recommended that Ontario Regulation 170103 and Ontario Regulation 128104 are periodically reviewed and included in the Operations Manual along with a sign in sheet including the date and time the operator reviewed the manual. 7/ lt is recommended that the owner/operator develop a contact list to provide additional resources so that operators can consult for more detailed guidance on regulatory; operationaltrouble shooting and maintenance most relevant to their water systems. 8/ At the time of inspection, the operator/owner provided documentation demonstrating that all the employees had received training relating to the water system. The owner must ensure documentation of training is recorded in a log and made readily available to an inspector if requested at any time. lt is the operating authority's responsibility to ensure compliance with these regulations and awareness of any resulting impacts. Additionally, the owner is responsible to ensure that an up-to-date contingency plan is in place. Emergency planning and the procedures under which the employees of the municipality respond to an emergency should be incorporated into the training program. All staff responsible for the system should participate in the training. This will help the responder too fully understand the steps necessary during an emergency situation. Mock training sessions also identify any deficiencies in the plan, and would ensure that the correct and most appropriate instructions are in place. 9/ lt is recommended that the Municipality of Bayham continues to institute goals that include the implementation and promotion of water conservation. The municipality should give consideration to the following: public education programs, lawn watering restrictions, aggressive leak detection programs, metering, water rates and the promotion of water efficiency fixtures such as, low water use toilets, shower heads, and faucet aerators. Staff Report E2009-005 regarding MOE Drinking Water System I... Page 349 of 403 Ministry of the Environment Drinking Water System lnspection Report Appendix E lnspection Rating Record Staff Report E2009-005 regarding MOE Drinking Water System I... Page 350 of 403 Ontario Ministry of the Environment APPLICATION OF THE RISK METHODOLOGY USED FOR MEASURING MUNICIPAL DRINKING WATER SYSTEM TNSPECTION RESULTS (FY 2008/2009) The Ministry of the Environment (MOE) has a rigorous and comprehensive inspection program for municipal residential drinking water systems (MRDWS). lts objective is to determine the compliance of MRDWS with requirements under the Safe Drinking Water Act, 2002, associated regulations and MOE Certificates of Approval (CofAs). lt is the responsibility of the municipal residential drinking water system owner to ensure their drinking water systems are in compliance with all applicable legal requirements. This document describes the risk rating methodology which will be applied to the findings of the Ministry's MRDWS inspection results starting in fiscal 2008/2009. The primary goals of introducing this type of assessment are to encourage ongoing improvement of these systems and to establish a way to measure their improvements. The Ministry's Municipal Residential Drinking Water lnspection Protocol contains up to 14 inspection modules and consists of up to 117 regulatory questions. Those protocol questions are also linked to definitive guidance that Ministry inspectors use when conducting MRDWS inspections. The questions address a wide range of regulatory issues, from administrative procedures to drinking water quality monitoring. Additionally, the inspection protocol contains many other non-regulatory questions. A team of drinking water specialists in the Ministry have assessed each of the inspection protocol regulatory questions to determine the risk of having a response in the negative (i.e. not complying with the regulatory framework) that would compromise the delivery of safe drinking water. This assessment was based on established provincial risk assessment principles, with each question receiving an assigned risk rating. Based on the number of areas where a system is deemed to be non-compliant during the inspection, and the signiflcance of these areas to administrative, environmental, and health consequences, a risk-based inspection rating is calculated by the Ministry for each MRDWS. A low inspection rating would not necessarily mean that the drinking water provided by that system is unsafe; however, it does indicate the degree to which there is room for improvement in meeting the province's regulatory requirements. The inspection rating for a drinking water system will reflect the inspection results of the specific DWS for the reporting year. When the methodology is applied consistently over a period of years, it can serve as a comparative measure both provincially and in relation to the individual system. Each MRDWS and the public will be able to track its performance over time, which will encourage continuous improvement and allow systems to identify specific areas requiring attention. May 2008 MRDWS lnspection Risk Methodology Page 1 of 7 Staff Report E2009-005 regarding MOE Drinking Water System I... Page 351 of 403 Ontario Ministry of the Environment This methodology for assessing inspection findings will be used as a tool to track progress towards the Chief Drinking Water lnspector's goal of achieving 100% compliance with the regulatory framework on a province-wide basis. Determining Potential to Gompromise the Delivery of Safe Water As noted, each MRDWS lnspection Protocol question was assessed by MOE drinking water specialists to determine the potential to compromise the delivery of safe water using a risk management approach that is aligned with the Government of Ontario's lnspections, lnvestigations and Enforcement (ll&E) Risk Management Framework which, in turn, is built on a universally accepted risk assessment method. Risk management is a systematic approach to identifying potential hazards; understanding the likelihood and consequences of the hazards; and taking steps to reduce their risk if necessary and as appropriate. The Government of Ontario mandated the ll&E Secretariat to address the specific challenges of managing risk in the context of Ontario's regulatory environment and across a variety of ministry program areas. The work of the ll&E Secretariat resulted in the development of the ll&E Risk Management Framework which has subsequently been adopted as the definitive risk management tool in the Ontario Public Service. The ll&E Risk Management Framework provides a formula to be used in the determination of risk: RISK = LIKELIHOOD (of the consequence occurring) x CONSEQUENCE Every regulatory question in the MRDWS lnspection Protocol possess'a "likelihood (L)" and an assigned "consequence (C)" value as described in Table 1 and Table 2. Table I Likelihood of Consequence Occurring Likelihood Value 0o/o - 0.99o/o (Possible but highly unlikely)0 1 - 10% (Unlikely)1 11 - 49% (Possible)2 50 - 89% (Likely)3 90 - 100% (Almost Certain)4 May 2008 MRDWS lnspection Risk Methodology Page 2 of 7 Staff Report E2009-005 regarding MOE Drinking Water System I... Page 352 of 403 Ontario Ministry of the Environment The consequence values (0 through 8) have been selected to align with other risk- based programs and projects currently under development or in use within the Ministry (as outlined in Table 2). Table 2 Consequence Gonsequence Value Medium Administrative Consequence 1 Major Administrative Consequence 2 Mi nor Environmental Consequence 3 Mi nor Health Consequence 4 Medi um Environmental Consequence 5 Major Environmental Consequence 6 Medium Health Consequence 7 Major Health Consequence I The Question Risk Rating for each MRDWS legislative inspection question is derived from an evaluation of every possible consequence and its corresponding likelihood of occurrence: . All levels of consequence are evaluated for their potential to occur. Greatest of all the combinations is selected The Question Risk Rating quantifies the risk of non-compliance of each question relative to the others. Questions with higher values are those with a potentially more significant impact on drinking water safety and a higher likelihood of occurrence. The highest possible value would be 32 (4 x 8) and the lowest would be 0 (0 x 1). Table 3 presents a sample Question Risk Rating determination. May 2008 MRDWS lnspection Risk Methodology Page 3 of 7 Staff Report E2009-005 regarding MOE Drinking Water System I... Page 353 of 403 Ontario Ministry of the Environment Table 3 Application of the Methodology to lnspection Results Based on the results of a MRDWS inspection, an overall inspection risk rating is calculated. During an inspection, inspectors answer the questions that relate to regulatory compliance and input their responses as "yes", "no" or "not applicable" into the Ministry's Laboratory & Waterurorks lnspection System (LWIS) database. A "no" response indicates non-compliance. The maximum number of regulatory questions asked by an inspector varies by system (e.9. distribution, stand-alone), type of inspection (e.9. focused, detailed), source type (e.9. groundwater, surface water) as each inspection is based on a list of questions targeted to that individual MRDWS. The question risk ratings of all non-compliant answers are summed and divided by the sum of the question risk ratings of all questions asked (maximum question rating). The resulting inspection risk rating is subtracted from 100% to arrive at a Final lnspection Rating. Table 4 provides a sample inspection rating for a hypothetical inspection of two questions. ln this example, the risk value of all non-compliant responses is 2 and the maximum risk value of all the questions asked is 6. Based on the inspection findings, the MRDWS would have a Total Non-Compliance Rating of 33% (room for improvement) and a Total lnspection Rating of 66%. Does the Operator in Charge ensure that the equipment and processes are monitored, inspected and evaluated? Risk = Likelihood x Consequence G=1 C=2 C=3 C=4 C=5 G=6 C=7 G=8 Medium Administrative Consequence Major Administrative Consequence Minor Environmental Consequence Minor Health Consequence Medium Environmental Consequence Major Environmental Consequence Medium Health Consequence Major Health Consequence L=4 (Almost Gertain) L=1 (Unlikely) L=2 (Possible) L=3 (Likely) L=3 (Likely) L=l (Unlikely) L=3 (Likely) L=2 (Possible) R=4 R=2 R=6 R=12 R=15 R=6 R=21 R=16 May 2008 MRDWS lnspection Risk Methodology Page 4 of 7 Staff Report E2009-005 regarding MOE Drinking Water System I... Page 354 of 403 Ontario Ministry of the Environment The result of applying this risk-based methodology to inspection results is that the resulting rating accounts for a variety of non-compliance issues. A relatively low rating may result from incidents of non-compliance with one or two high risk requirements, or it may result from incidents of non-compliance with several medium or low risk requirements. Generally, it speaks to the overall efforts of a MRDWS to comply with all of the regulatory requirements that pertain to safe drinking water in the Province of Ontario. Application of the Proposed Methodology for Public Reporting The individual MRDWS Total lnspection Ratings will be published, as a banded result, in the Ministry's Chief Drinking Water lnspector's Annual Report covering the current fiscal inspection year. Figure 1 presents the results of the Fiscal 2006-2007 annual inspections using the 5% banding as described above. Using this method, individual DWS can determine how they compare against all the other inspected facilities without being exposed to individual facility results. Table 4 lnspection Question Likelihood Value Gonsequence Value Question Risk Rating Compliant (Y-N-N/A) Non- Gompliance Rating Does the Operator in Charge ensure that the equipment and processes are monitored, inspected and evaluated? 3 (Likely) 7 (Medium Health Consequence) 21 NO 21121 Are all required microbiological water quality monitoring requirements being met? 2 (Possible) 8 (Major Health Gonsequence) 16 YES 0/16 Maximum Question Rating 37 lnspection Risk Rating 21 37 = 56Yo Final lnspection Rating 100% - 56%= 44o/o May 2008 MRDWS lnspection Risk Methodology Page 5 of 7 Staff Report E2009-005 regarding MOE Drinking Water System I... Page 355 of 403 Ontario Ministry of the Environment Figure 1 FY 2006/07 Distribution of Ratings by 5% Banding ø E) 'j= IE É. o o -c¡ E z 500 400 300 200 100 0 5% Rating Banding Reporting Results to MRDWS Owners/Operators A summary of inspection findings for each system will be generated in the form of a " Ministry of the Environment - lnspection Summary Rating Record (lRR)". The findings are grouped into the 14 possible modules of the inspection protocol which would provide the MRDWS owner/operator with information on the areas where they need to improve. The 14 modules are: 1. Source2. Permit to Take Water3. Capacity Assessment4. Treatment Processes5. Process Wastewater6. Distribution System7. Operations Manuals8. Logbooks May 2008 MRDWS Inspection Risk Methodology Page 6 of 7 Staff Report E2009-005 regarding MOE Drinking Water System I... Page 356 of 403 Ontario Ministry of the Environment L Contingency and Emergency Planning 10. Consumer Relations 11. Certification and Training 12. Water Quality Monitoring 13. Reporting, Notification and Corrective Actions 14. Other lnspection Findings Ghanges to the IRR Methodology Relative to Previous Fiscal lnspection Years The Ministry of the Environment assured MRDWS stakeholders that the rating methodology would be reviewed every three years. This three year period concludes with the beginning of the current 2008/09 inspection year. A comprehensive evaluation of the Inspection Rating model used to date revealed numerous areas for improvement: o Chronic administrative issues & high ratingso Specific situations ("grey areas") required Supervisor/Manager intervention. lnspection ratings did not fully integrate detailed risk management principles The consequence values that were assigned to each relevant regulatory question remained unchanged from April 1, 2005 to March 31, 2008. The rating methodology used over those three years has been modified and now represents an improved metric for the evaluation the risUsafety of operations at MRDWS. This improvement represents a continuous improvement initiative. Another improvement for the current fiscal inspection year involves the distribution of both the lnspection Report and the IRR immediately at the conclusion of each MRDWS inspection. May 2008 MRDWS lnspection Risk Methodology PageT oÍ7 Staff Report E2009-005 regarding MOE Drinking Water System I... Page 357 of 403 Ministry of the Environment - Inspection Summary Rating Record (Reporting Year - 2008-2009) M DWS NAmC: BAYHAM (ELGIN AWS) DISTRIBUTION SYSTEM DWS Numbe¡= 260004748 DWS Owner: Bayham, The Corporation Of The Municipality Of Location: Bavham Regulation: O,REG t70103 Category: Large Municipal Residential System Type Of Inspection: Standalone Inspection Date: February 12,2009 Ministry Office: London District Maximum Question Rating: 488 Inspection Risk Rating l0.OOo/o FINAL INSPECTION RATING: I 10O.0Oo/o Inspection Module Non-Compliance Rating Capacity Assessment o 126 Treatment Processes 0l6s Operations Manuals 0 128 Logbooks 0142 Contingency/Emergency Planning 0/ts Consumer Relations 0lL2 Certiflcation and Training 0/6s Water Quality Monitoring 01t42 Repofting & Corrective Actions 0 /93 TOTAL o/488 Inspection Rating Record Generated On 24-MAR-09 (Inspection ID: 1-6NUVA). Staff Report E2009-005 regarding MOE Drinking Water System I... Page 358 of 403 Ministry of the Environment - Detailed Inspection Rating Record (Reporting Year'2008-2009) DWS Name: DWS Number: DWS Owner: Municioal Location: BAYHAM (ELGTN AWS) DISTRIBUTON SYSTEM 260004748 Bayham, The Corporation Of The Municipality Of Bayham Regulation: O.REG 170103 Category: Large Municipal Residential System Type Of Inspection: Standalone Inspection Date: February 12,2009 Ministry Office: London District Maximum Question Rating: 488 Inspection Risk Rating lO.00o/o FINAL INSPECTION RATING: I 1OO.OOO/o Inspection Rating Record Generated On 24-MAR-09 (Inspection ID: 1-6NUVA). Staff Report E2009-005 regarding MOE Drinking Water System I... Page 359 of 403 Page 360 of 403 March 26,2009 Attention: CAO/Clerk Re: Elgin-Middtesex Pumping Station 2008- Aylmer Secondary Water Supply System Compliance Report Dear Sir/Madam: Please find the attached copy of the Elgin-Middlesex Pumping Station (EMPS) 2008- Aylmer Secondary System Water Supply System Compliance Report. The EMPS encompasses the Aylmer Secondary pumping station, the Elgin-Middlesex (City of London) pumping station as wêll as the St. Thomas Secondary pumping station. This report has been prepared by American Water Canada Corp., the operating authority for the EMPS. The intent of this report is to meet specific reporting obligations under Schedule 22 of O,Reg 170103 (Drinking-Water Systems). A copy of this report has been sent to each of the benefitting municipalities of the Elgin- Middleiex Pumping Station. ln addition, a copy has been placed on the Regional Water Supply website at http:i/www.watersupplv.london.calreports.html and the report will be made available to the public upon request at the Regional Water Supply office in Kilworth. Should you have any questions, please feel free to contact our office at your earliest convenience. Best regards, Water Compliance Coordinator Elgin Area Primary Water Supply System Elgin Area Primary Water Supply System Office 519.661 .2500 ext.2714 Fax519.474.0451 ekirk@london.ca http://watersupply. london.cal c/o The City of London Regional Water SupPly Division 29 Kilworth Park Drive RR#5 Komoka, Ontario NOL 1RO Correspondence dated March 26, 2009 from Elgin Area Primary ... Page 361 of 403 Page 362 of 403 lì'^l:li,fD feaMuNlclPALlTY0FBAYHA Akg HU Primary Water Supply System Dear Mr. Messervey; The Lake Huron Primary Water Supply System has a water treatment facility on Lake Huron and supplies approximately 375,000 people in eight municipalities across Middlesex County, Huron County and Lambton County, including most of the City of London. The Elgin Area Primary Water Supply System has a water treatment facility on Lake Erie and supplies approximately 100,000 people in seven municipalities across Elgin County including the City of London. Together, the Lake Huron Primary Water Supply System and the Elgin Area Primary Water Supply Systems encompass a service area of approximately 5,000 square kilometres of south-western Ontario between Lake Huron and Lake Erie. Both the Lake Huron Primary Water Supply System (LHPWSS) and Elgin Area Primary Water Supply System (EAPWSS) have several key areas of concern regarding the regulations that are currently in development to implement the Safeguarding and Susfaining Ontario's Water Act (SSOWA) and the subsequent amendments to the Ontario Water Resources Acú (OWRA). There are potential signifìcant implications to not only the LHPWSS and EAPWSS, but many of their member municipalities and other area water systems in the region with regard to the definition of watershed boundaries and related "connecting channels". ln addition, the method of grandfathering baseline amounts and the exception criteria, in particular the means of returning water to the source Great Lake watershed, will also have significant implications on these regional water supply systems. For the purpose of this correspondence, I refer to the Lake Huron Primary Water Supply System and the Elgin Area Primary Water Supply System collectively as the "RegionalWater Systems". Watershed boundaries and connecting channels To date, much of the discussions at the Advisory Panel meetings and with the working groups have, among other things, dealt with general discussions on the concept of the Great Lake basíns, connecting channels and the implications of intra-basin transfers, but in our opinion has )o Elgi ron COPY E8t Ë ÊLis 4 Primary Water Supply System March 31, 2009 Ministry of Natural Resources Water Resources Section, Lands & Waters Branch 300 Water Street P.O. Box 7000 Peterborough, ON KgJ 8M5 Attn: Rob Messervey, Manager Re: Development of Regulations and lmplications for the Lake Huron & Elgin Area Primary Water Supply Systems Lake Huron & Elgin Primary Water Supply Systems Ofüce 51 9.661.2500 exl. 27 1 4 Fax519.474.0451 ahenry@london.ca c/o The City of London Regional Water Supply Division 29 Kilworth Park Drive RR#S Komoka, Ontario NOL 1ROhttp://watersupply.london.cal -=filãù Correspondence dated March 31, 2009 from Elgin Area Primary ... Page 363 of 403 avo¡ded any substantive discussions on finalizing the actual definitions of the Great Lake basins. We note, however, that much of the materials produced and provided by the Ministry of Natural Resources (MNR) have presupposed a definition whereby any connecting channel to a Great Lake basin is included in the "downstream" Great Lake basin. lt greatly concerns the Regional Water Systems as this presumed definition is inconsistent with the Safeguarding and Sustaining Ontario's Water Act and the Great Lakes-St. Lawrence River Basin Sustainable Water Resources Agreement which was signed by Ontario, Quebec and the eight Great Lakes States, and all subsequent discussions relating to intra-basin transfers are based on this supposition, From the standpoint of the Regional Water Systems, while one can argue that water from the connecting channel naturally flows to the downstream Great Lake basin, it is equally arguable that water from the upstream Great Lake basin naturally flows to the connecting channel. Notwithstanding these relativity-based points of view, the Safeguarding and Sustaining Ontario's Water Act and the Great Lakes-St. Lawrence River Basin Sustainable Water Resources Agreement define the watershed of each Great Lake to include its upstream and downstream connecting channels. This is particularly important in dealing with intra-basin transfers and subsequent proposed regulatory implications. While the Regional Water Systems generally support the concepts and principles of the Safeguarding and Sustaining Ontario's Water Act and the Great Lakes-St. Lawrence River Basin Sustainable Water Resources Agreement, it is our position that the implementation of these commitments must be done with logical reasoning supported by scientific investigation and consideration of local and regional conditions. The arbitrary imposition of the draft definition that connecting channels will exclusively be part of the downstream Great Lake basin is not supported by logic or scientific investigation and represents a significant detrimental impact to many municipalities and water suppliers of southwestern Ontario. Because of the length of the connecting channel between Lake Huron and Lake Erie, this situation is further exacerbated because of the fact that a significant portion of southwestern Ontario drains to this connecting channel, and not directly to either Great Lake. This makes the application of the connecting channel specifically important for this same region as the implications of returning the water to the source basin or its connecting channel become particularly challenging. By way of example, the Lake Huron Primary Water Supply System draws water from Lake Huron at its treatment plant located approximately 2 kilometers north of the village of Grand Bend. This facility supplies municipal drinking water to the municipalities of Bluewater, South Huron, Lambton Shores, Lucan Biddulph, North Middlesex, Strathroy Caradoc, Middlesex Centre and the City of London. Should the connecting channel be restrictively defined as only belonging to the Lake Erie basin, then not only would the supply to the City of London be considered an intra-basin transfer, but also the supply to the municipalities of Strathroy Caradoc and Middlesex Centre, as well as portions of the municipalities of Lucan Biddulph and South Huron. These portions of the municipalities lay within the Thames and Sydenham River watersheds which drain to the connecting channel. Given the capacity and design of the existing infrastructure, it is not possible to extend supply of the Elgin Area water system to all of these municipalities without the related cost of significant infrastructure works and all the ensuing social and environmental disruptions. -2- Correspondence dated March 31, 2009 from Elgin Area Primary ... Page 364 of 403 Conversely, if the connecting channel is restrictively defined as only belonging to the Lake Huron basin, then the portion of water supplied to the City of London from the Elgin Area water system may be considered an intra-basin transfer as the wastewater from the city is discharged to the Thames River watershed which drains to the connecting channel (solely part of the Lake Huron basin). It should be clearly evident that the exclusionary definition of the connecting channel more restrictive than the Safeguarding and Sustarnrng Ontario's Water Act and the Great Lakes-St. Lawrence River Basin Sustainable Water Resources Agreement will have a significant and far- reaching impact on a considerable area of south-western Ontario. This not only could include the areas served by the Lake Huron Primary Water Supply System and the Elgin Area Primary Water Supply System, but also the City of Sarnia and the Lambton Area Water Supply System. The Lambton Area Water Supply System is another regional water supply system that draws water from the St. Clair River and supplies water to six municipalities. The intake is located approximately 100 m into the St. Clair River. Depending on how the connecting channel is defined, this could significantly and adversely impact the system. The Ministry of Natural Resources (MNR) and Ministry of Environment (MOE) should also look at this water system in more detail to clearly understand the potential impacts. Other water systems and municipalities in south-western Ontario that may be impacted include the West Elgin Area Water System, as well as Chatham-Kent, Essex and the City of Windsor. Physical and Financial lmplications - Elgin Water Treatment Plant Expa^nsion Thè Lafe Huron Water Treatment Plant hãs a rated capacity of 340,000 m3/day. During peak flow periods in recent years, this plant has reached as much as 78o/o of its capacity during summer months. lf the presumed definition of the Lake Erie basin includes the St. Clair/Detroit River connecting channel, then about 90% of the water volume produced at this facility would be supplied to municipalities which lie within the "Lake Erie basin". ln comparison, the Elgin Area Water Treatment Plant has a rated capacity of 91,000 m3/day. During peak flow periods in recent years, this plant has reached as much as 89% capacity. Even with additional infrastructure improvements planned to be undertaken in the next few years to maximize existing plant capacity, this water treatment plant has less than 11,000 m3/day of unused capacity remaining. At current consumption rates in Elgin County, we currently project that this water treatment plant will need added treatm^ent capacity in approximaiety ten years, but likely only in the order of an additional 40,000 m3/day. This plant expansion would not require a new intake structure and pipeline within Lake Erie as the original plant construction by the Province of Ontario included the construction of the intake system to its ultimate planned capacity of 182,000 m3/day. lf the LHPWSS supply to the City of London and the municipalities of Strathroy-Caradoc, Middlesex Centre and portions of Lucan Biddulph and South Huron are considered to be an intra-basin transfer, any future increases in water takings, especially for the City of London, would have to come from the EAPWSS. As the Elgin Area Water Treatment Plant is near capacity, this will trigger a plant expansion much sooner than anticipated and significantly more than currently planned or originally designed by the Province of Ontario. The capital costs for the currently planned plant expansion is in the order of $60 million, limited to additional pumping, treatment and filtration capacity for the existing plant. The financial implications of this scenario are extreme as the capacity requirements to meet projected demands are far in excess of the planned capacity of the system (by the Province of Ontario) and the current capacity of the existing intake infrastructure. lt is estimated that in -3- Correspondence dated March 31, 2009 from Elgin Area Primary ... Page 365 of 403 order to meet the moderate O-year needs of the City of London for this scenario, an investment of more than $350 million would be required, including a new intake structure in Lake Erie. ln addition, an expansion of the EAPWSS would only benefit the City of London as the supply could not be extended to the municipalities of Middlesex Centre, Strathroy-Caradoc, South Huron or Lucan-Biddulph because of physical restrictions of the existing infrastructure. Further to this, the increased taking would trigger a regional review under the Great Lakes - St. Lawrence River Basin Sustainable Water Resources Agreement. Establishing baseline amou nts The Regional Water Systems strongly encourage the MNR and MOE consider existing built capacity when establishing baseline amounts for intra-basin transfers. Many municipalities have already forecasted long-term water needs and have accounted for this in existing infrastructure. The LHPWSS and member municipalities should be able to maximize existing plant capacity before having to redirect resources into new infrastructure at a significant cost, At a minimum, the grandfathered baseline amount should be the existing water treatment plant capacity and associated infrastructure. lf the MNR and the MOE restrict the baseline amounts to current or even recent supply and consumption data, the province would be unduly penalizing proactive municipalities which have implemented water conservation and water efficiency programs to increase the longevity and capacity of the existing systems. ln addition, this "policy" would inadvertently reward municipalities which have done little to implement water conservation and efficiency programs. Permit To Take Water and Related Transferors The Regional Water Systems currently hold two Permits To Take Water (P.l-fW) which provide approval for the current water taking from Lake Huron and Lake Erie and sets maximum limits on the water taking. The Joint Water Boards who own the Regional Water Systems are the permit holders, and none of the Joint Board member municipalities associated with the water taking are named on the permit. lf the PTTW process is changed so that more than one party may be named (the permit holder, parties taking water, and related transferors), it is important that each party be listed in an individual schedule to the permit, and that each party only be entitled to make applications for amendments to the schedule that is applicable to them. The MNR and MOE are also strongly encouraged to make linkages to a drinking water system's Municipal Drinking Water License wherever possible. Exception criteria (returning water to the source great lake watershed) The exception criteria states that water must be returned, either naturally or after use, to the same Great Lakes watershed from which it was taken (source watershed). This issue relates back to the definition of a connecting channel, and whether a Great Lake watershed will include both its upstream and downstream connecting channel. At a minimum, the MNR should allow tributaries which flow into a connecting channel to be considered as naturally returning the flow to the source watershed. ldeally, the Ministry of Natural Resources will exempt intra-basin transfers from legislation if the water is returned to either an upstream or downstream connecting channel. Gonclusion Staff from the Regional Water Systems met with representatives of the MNR and the MOE on November 28, 2008 in a preliminary meeting to discuss this specific issue. Since this time, we have asked for a subsequent meeting with both ministries to address our identified issues now that further details of the draft policies and implementing regulations are available, but have yet to receive a response. -4- Correspondence dated March 31, 2009 from Elgin Area Primary ... Page 366 of 403 Although a meeting was held with staff from the London District MOE office on February 17, 2009, the purpose of this meeting was to discuss two of the Regional Water Systems' projects which were identified in our HELP Clean Water initiative which could potentially be impacted by the definition of the Great Lake basins, interconnection channels and subsequent intra-basin transfer conditions. The Regional Water Systems continue to pursue a meeting with the MNR and MOE to specifically discuss in greater detail these concerns generally outlined in this correspondence. Staff from the Regional Water Systems are willing to meet with you at your convenience, be it at ministry offices in Peterborough or Toronto, or hosted here in London. ln addition, we recommend that the MNR hold a separate regional discussion session with all of the potentially impacted municipalities and drinking water systems in south-western Ontario in order to keep them informed of the issues and to provide information on the direction the MNR may be taking. Until the MNR has a clear policy direction, it is very difficult for these systems to fully assess the system impacts. Staff from the LHPWSS and EAPWSS will continue to participate on the MNR's Advisory Panel and working groups, providing input that we believe are in the best interest of the Province of Ontario and protect the interests of the Regional Water Systems. Should you have any questions or comments, please contact our office at your earliest convenience. ards, Pat McNally, P.Eng. Chief Administrative Lake Huron & Elgin Primary Water Supply Systems c.c. Paul Van Meerbergen - Chair, LHPWSS Joint Board of Management Bob Habkirk - Chair, EAPWSS Joint Board of Management Carol Mitchell- MPP (Huron-Bruce) Maria Van Bommel - MPP (Lambton-Kent-Middlesex) Hon John Wilkinson - MPP (Perth-Wellington) Hon Deborah Mathews - MPP (London North Centre) Hon Christopher Bentley - MPP (London West) Khalil Ramal - MPP (London-Fanshawe) Hon Steve Peters - MPP (Elgin-Middlesex-London) Ministry of the Environment Member Municipalities - LHPWSS & EAPWSS Municipality of Southwest Middlesex Lambton Area Water Supply System Andrew Henry - Division Manager, LHPWSS & EAPWSS -5- Correspondence dated March 31, 2009 from Elgin Area Primary ... Page 367 of 403 Page 368 of 403 q Lot Ê nt,;s "{ Please find enclosed for your reference and records, the year end financial statements for the Elgin Area Primary Water Supply System. Division Manager, Regional Water Supply Lake Huron and Elgin Area Primary Water Supply Systems Elgin Area Primary Water Supply System April 1, 2009 Municipality of Bayham 9344 Plank Road, P.O. Box 160 Straffordville, ON NOJ 1Y0 Attention: Kyle Kruger, Administrator RE: 2008 Year End Financial Statements Dear Mr. Kruger: Best Regards, Elgin Area Primary Water Supply System Office 51 9.661.2500 ert. 27 1 4 Fax519.474.0451 ahenry@london.ca http://watersupply. london.cal c/o The City of London Regional Water Supply Division 29 Kilworth Park Drive RR#S Komoka, Ontario NOL lRO s0 :14001 2008 Year End Financial Statements for the Elgin Area Primar... Page 369 of 403 Financial Statements of ELGIN AREA PRIMARY WATER SUPPLY SYSTEM Year ended December 31, 2008 2008 Year End Financial Statements for the Elgin Area Primar... Page 370 of 403 IãM KPMG LLP Chartered Accountants 140 Fullarton Street Suite 1400 PO Box 2305 London ON N6A 5P2 Canada Telephone (519) 672-4880 Fax (519) 672-5684 lnternet www.kpmg.ca AUDITORS'REPORT To the Members of Elgin Area Primary Water Supply System We have audited the statement of flnancial position of Elgin Area Primary Water Supply System as at December 31, 2008 and the financial act¡v¡ties, and cash flows for the year then ended. These financial statements are the responsibility of the Company's management. Our responsibil¡ty is to express an opinion on these financial statements based on our audit. We conducted our audit in accordance with Canadian generally accepted aud¡ting standards. Those standards require that we plan and perform an audit to obtain reasonable assurance whether the flnancial statements are free of material misstatement. An audit includes examining, on a test bas¡s, evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. ln our opinion, these flnancial statements present fairly, in all material respects, the financial position of Elgin Area Primary Water Supply System as at December 31,2008 and the results of its operations and its cash flows for the year then ended in accordance with Canadian generally accepted accounting principles. Our audit was conducted for the purpose of forming an opinion on the basic financial statements of the Elgin Area Primary Water Supply System taken as a whole. The 2008 budget information included in the schedules is presented for purposes of additional analysis and is not a required part of the basic financial statements. Such supplementary information has not been subjected to the auditing procedures applied in the audit of the basic financial statements. //rtt¿ /¿P C ha rtered Accou nta nts, Licen sed Pu bl ic Accou nta nts London, Canada March 13,2009 KPMG LLP is a Canadian limited liab¡l¡ty pannersh¡p and a member f¡rm of the KPN¡G network of ¡ndependent member f¡rms affil¡ared w¡th KPMG lntemat¡onal, a Sw¡ss c@perative KPMG Canada Drov¡d€s serv¡ces to KPMG LLe 2008 Year End Financial Statements for the Elgin Area Primar... Page 371 of 403 ELGIN AREA PRIMARY WATER SUPPLY SYSTEM Statement of Financial Position December 31, 2008, with comparative fìgures tor 2007 20072008 Assets Cash and short{erm investments (note 5) Trade and other receivables 7,509,999 904,223 7,614,908 712,406 $ 8,414,222 8,327,314 Liabilities and Financial Position Liabilities: Accounts payable and accrued liabilities Accrued interest on long-term debt Long-term debt (note 3) 2,099,601 164,133 6,922.681 1,395,579 175,732 7,426.616 9,186,415 8,997,927 Fínancial position: Capital fund (Schedule) (3,347,952) (731,895) Reserves and reserve funds (Schedule) 9,767,892 7,777,014 Amounts to be recovered: From future revenues 6,419,940 (7,192.1331 7,045,119 (7,715.732\ Net financial position (772,193\(670,613) 8,414,222 8,327,314 See accompanying notes to financial statements. On behalf of the Board: Director Director 2008 Year End Financial Statements for the Elgin Area Primar... Page 372 of 403 ELGIN AREA PRIMARY WATER SUPPLY SYSTEM Statement of Financial Activities Year ended December 31, 2008, with comparative figures Íor 2007 2008 2007 Revenue: User charges lnvestment income Capitalfundinq $ 7,031,107 279,743 612,277 $ 7,983,334 284,015 Expenses: Current: Materials and supplies Long-term debt charges Salaries, wages and benefits Expenses billed Contracted services 7,923,127 2,910,354 432,805 254,401 142,025 30,485 8,267,349 2,886,123 459,303 213,138 153,719 151,482 Rent and Financial expenses 8,604 8,938 Capital: Water system upgrades 3,778,674 4,246,033 3,872,703 2,676,632 8,024,707 6,549,335 Net change in financial position (101,580)$ ,1,718,014 See accompanying notes to financial statements. 2008 Year End Financial Statements for the Elgin Area Primar... Page 373 of 403 ELGIN AREA PRIMARY WATER SUPPLY SYSTEM Statement of Cash Flows Year ended December 31, 2008, with comparative flgures for 2007 2008 2007 Cash provided by (used in): Operating activities: Net change in financial position Changes in non-cash operating working capital: Trade and other receivables Prepaid expenses Accounts payable and accrued liabílities (101,580) (191,817) 704,022 1,718,014 (410,769) 5,737 740,514 Í 0,987)Lonq-term debt (11,599) Financing activities: Repayment of long-term debt 399,026 (503,935) 2,042,509 (478,336) Net change in cash and short-term investments Cash and short{erm investments, beginning of year (104,909) 7,614,908 1,564,173 6,050,735 Cash and short-term investments, end of year $ 7,509,999 $ 7,614,908 See accompanying notes to financial statements. 2008 Year End Financial Statements for the Elgin Area Primar... Page 374 of 403 ELGIN AREA PRIMARY WATER SUPPLY SYSTEM Notes to Financial Statements Year ended December 31, 2008 1. Significantaccounting policies: The financial statements of Elgin Area Primary Water Supply System are the representation of management, prepared in accordance with Canadian generally accepted accounting principles as defined in the Canadian lnstitute of Chartered Accountants Public Sector Accounting Handbook. Since precise determination of many assets and liabilities depends upon future events, the preparation of periodic financial statements necessarily involves the use of estimates and approximations. (i) Accrualaccounting: Sources of financing and expenditures are reported on the accrual basis of accounting. (ii) Fixed assets: The historical cost and accumulated depreciation for fixed assets are not recorded for municipal purposes. The cost of acquiring fixed assets is reported as an expenditure on the Statement of Financiaf Activities. Revenue recognition: The Company recognizes revenue when water is drawn by each customer, eollection of the relevant receivable is probable, persuasive evidence of an arrangement exists and the sales price is fixed or determinable. Use of estimates: The preparation of fìnancial statements in conformity with Canadian generally accepted accounting principles requires management to make estimates and assumptions that affect the reported amounts of assets and liabilities and disclosure of contingent assets and liabilities at the date of the financial statements and the reported amounts of revenue and expenses during the year. Signifìcant items subject to such estimates and assumptions include the valuation allowances for receivables. Actual 'results could differ from those estimates. () (¡v) 2008 Year End Financial Statements for the Elgin Area Primar... Page 375 of 403 ELGIN AREA PRIMARY WATER SUPPLY SYSTEM Notes to Financial Statements (continued) Year ended December 31, 2008 2. Nature of reporting entity: The Ontario Water Resources Commission (the "Commission") of the Province of Ontario constructed, owned and operated a water treatment plant on Lake Erie and pipeline to the City of St. Thomas and the Ford Talbotville Assembly Plant on or about 1967. The Ministry of the Environment (the "Ministry") was created in about 1973 and assumed all operations and activities of the Commission. ln accordance with agreements with the associated municipalities, the Ministry extended pipelines to the present communities of Port Burwell, Port Stanley, and Southwold, and in 1986 to The City of London and the Town of Aylmer. ln accordance with the Municipal Water and Sewage Sysfems Transfer Act, 1998, the final Transfer Order for Elgin Are Primary Water Supply System was effective on November 29, 2000, transferring assets along with any other real property to The Corporation of the City of London in trust to act as the Administering Municipality on behalf of the participating Municipalities. Under the transfer order, the works, properties and all assets, liabilities, rights and obligations of the system are transferred jointly to The Corporation of the City of London, The Corporation of the Town of Aylmer, The Corporation of the Municipality of Bayham, The Corporation of the Municipality of Central Elgin, The Corporation of the Township of Malahide, The Corporation of the Township of Southwold and The Corporation of the City of St. Thomas. The transfer order established a joint board of management to govern the management of the water supply system. The joint board of management is comprised of seven representatives appointed by the respective councils of participating municipalities. The representation is broken down as follows: Municipality RePresentatives The Corporation of the City of London The Corporation of the City of St. Thomas The Corporations of the Township of Southwold and the Municipality of Central Elgin The Corporations of the Municipality of Bayham/Township of Malahide/Town of Aylmer 3 2 1 1 2008 Year End Financial Statements for the Elgin Area Primar... Page 376 of 403 ELGIN AREA PRIMARY WATER SUPPLY SYSTEM Notes to Financial Statements (continued) Year ended December 31, 2008 3. Long-term debt: (a) The balance of the long-term debt assumed by The Corporation of the City of London, as administering municipality, on behalf of Elgin Area Water Supply System is $6,922,681. lnterest payments are made semi-annually at rates ranging from 5.50% to 5.88%. Principal payments are made annually in August. The debt matures on August, 2018. (b) The long{erm debt repayment schedule is as follows: 2009 2010 2011 2012 2013 2014 and thereafter $ 530,533 564,766 595,757 627,379 661,230 3,943,016 4. Fair value of financial instruments: (a) The carrying values of cash and short-term investments, trade accounts receivable and accounts payable and accrued liabilities approximate their fair values due to the relatively short periods to maturity of the instruments. The fair value of long-term debt approximates its carrying value as interest rates are similar to current market rates of interest available to the Company. (b) Credit and foreign currency risk: The Company is not exposed to any foreign currency or credit risk. 5. Cash and short-term investments: Cash and short-term investments are held by the Corporation of the City of London and set aside for use by Elgin Area Primary Water Supply System. 2008 Year End Financial Statements for the Elgin Area Primar... Page 377 of 403 ELGIN AREA PRIMARY WATER SUPPLY SYSTEM Notes to Financial Statements (continued) Year ended December 31, 2008 6. Tangible capital assets: Public Sector Guideline 7 provides transitional guidance on presenting information related to tangible capital assets until Section 3150 - Tangible Capital Assets of the Public Sector Accounting Handbook comes into effect on January 1,2009. These provisions require local government to capitalize assets at historical cost and amortize these assets over their estimated useful life. The Elgin Area Primary Water Supply System has completed its inventory and is now in the process of finalizing their historical cost. Management expects to complete this process by June 30, 2009. 2008 Year End Financial Statements for the Elgin Area Primar... Page 378 of 403 ELGIN AREA PRIMARY WATER SUPPLY SYSTEM Schedule - Current Fund Operations Year ended December 31, 2008, with comparative figures for 2007 Budget 2008 Actual 2008 Actual 2007 Revenue: User charges lnvestment income (unaudited) $ 6,879,337 $ 7,031 ,107 33,054 $ 6,671,644 40,625 Expenses: Purchase of water Long{erm debt charges Salaries, wages and benefìts lnterest, taxes and bank charges Contracted services Materials and supplies 6,879,337 3,089,442 432,805 366,1 54 143,527 139,789 14,200 7,064,161 2,910,354 432,805 254,401 142,025 30,485 8,604 6,712,269 2,886,123 459,303 213,138 153,719 151,482 8,937 4,185,917 3,778,674 3,872,702 Net revenues Transfers: Debt principal repayments Transfers to reserves and reserve funds lnterest on debt 2,693,420 (512,000) (2,16e,821) (1 1,see) 3,285,487 (512,000) (2,761,888) (1r,see) 2,839,567 (485,000) (2,343,580) (10,e87) (2,6e3,420)(3,285,487)(2,83e,567) Changç in operating fund, being surplus, end of year 2008 Year End Financial Statements for the Elgin Area Primar... Page 379 of 403 ELGIN AREA PRIMARY WATER SUPPLY SYSTEM Schedule - Capital Fund Operations Year ended December 31, 2008, with comparative figures Íor 2007 Budget 2008 Actual 2008 Actual 2007 Revenue: Transfer payments Other income 500,000 612,277 $ 100,000 1,211,689 Expenses: Water system upqrades 500,000 2,330,000 612,277 4,246,033 1,311,689 2,676,632 Excess of expenses over revenues Transfers: Transfers from reserves and reserve funds (1,830,000)(3,633,756) 2,561,892 1,017,699 (1,364,943) 577,012 Change in capital fund balance Capitalfund balance, beginning of year 731,892 (731,8e2) (2,616,057) (731,8e5) (787,e31) 56,036 Capital fund balance, end of year $ (3,347,e52)$ (731,8e5) 2008 Year End Financial Statements for the Elgin Area Primar... Page 380 of 403 ELGIN AREA PRIMARY WATER SUPPLY SYSTEM Schedule - Reserves and Reserve Funds Year ended December 31, 2008, with comparative figures for 2007 Budget Actual Actual2008 2008 2007 Revenue: lnvestment income Net transfers from (to) other funds: $-$246,689$243,390 Transfers from current operations 2,169,821 2,761,888 2,343,580 Transfers to capitaloperations (2,561,892) (1,017,699) (577,012) (392,071) 1,744,189 I,766,568 Change in reserves and reserve funds balance Reserves and reserve funds, beginning of year (392,071) 1,990,878 2,009,958 7,777,014 7,777,014 5,767,056 Reserves and reserve funds, end of year $ 7,384,943 $ 9,767,892 $ 7,777,014 2008 Year End Financial Statements for the Elgin Area Primar... Page 381 of 403 Page 382 of 403 THE CORPORATION OF'THE MUNICIPALITY OF BAYIIAM BY-LAtil NO. 2009-044 A BY-LA\il TO REGULATE TIIE ERECTION, CONSTRUCTION AND USE OF MAILBOXES ALONG MUNICIPAL ROAD\ryAYS \ryITHIN TIIE MI]NICIPALITY OF' BAYHAM WIIEREAS Section 1l of the Municipal Act, 2001, S.O. 2001, c.25 as amended provides that a lower tier municipality may pass byJaws respecting Highways, including parking and traffic on higþways; AND WIIEREAS the Council of the Corporation of the Municipality of Bayham deems is necessary and expedient to regulate the erection, construction a¡rd use ofmailboxes along municipal roads. NOWTHEREFORE THE COI]NCIL OFTEE CORPORATION OF'THE MUNICIPALITY OF BAYHAM IIEREBY ENACTS AS F'OLLOWS; Section 1- Title and Scope 1. Short Title This By-Law may be cited as The Municipality of Bayham Mail Box By-law Section II - Definitions 2. The following terms for the purposes of this By-Law have the meaning as stated below: (Ð "Municipality of Bayham" means the Council for the Municipality of Bayham (iÐ "Erect" means to construct, place, locate, fabricate or alter tJre characteristics of a mail delivery deposit box along the roadway (iiÐ "Maintain" means to permit a mailbox or mail delivery structure to continue or to be refurbished (iv) "Road Authorit5r" means the Municipality of Bayham (v) "Mailbox" includes any receptacle used for the delivery or mail or other like forms of paper communication (vÐ "Ownet'' includes the holder ofa leasehold interest or a tenant in possession of the adjoining property S ection III- Adminishation 3. (1) A person seeking to erect a mailbox shall submit an application in writing to the Municipality of Bayham together with: (Ð A sketch of the mailbox to be erected showing: (a) The dimensions and height of the mailbox; (b) The location of the post supporting the mailbox in relation to the center line of the road; (c) Any pertinent or unusual characteristics of the mailbox; (d) The dimensions of the post upon which the mailbox is to be affixed. By-Law 2009-044 A By-Law to regulate the erection, const... Page 383 of 403 (iÐ A description of the property for which the mailbox is intended to serve including Lot and Concession, and approximate distance to a well defined permanent location or populated area. (2) The Public Works Manager or his designate will approve the erection, replacement or remodeling of a mailbox and may impose conditions for compliance with this By-Law (3) The Road Authority is hereby permitted to: (Ð Give notice in writing to anyperson who fails to comply with the provisions ifthis By-Law and requires such person to remove or alter the location or conskuction of a mailbox within thirty (30) days; (iÐ Dismantle and remove any mailbox at the owner's expense that is not brought into conformity with a notice for relocation or alteration. Section fV - Permitted Locatior/Construction 4. (i) Only standard wooden posts are to be used, along Municipal roadways to support individual rural mailboxes. These posts shall have a six inch (ó") 150 mm top diameter maximum. Such posts shall be erected at the ¡ounding of the shoulder area so that the opening to the mailbox is at the outside edge of the shoulder. (ii)Erection of Mailboxes shall conform with the following Canada Post requirements: A rural mailbox shall be: (a) Located along the right hand side ofthe road according to the courier's line oftravel, in a position where the courier can reach and service it from his/her vehicle without being an impediment to pedestrian or vehicular traffic (b) Erected so that: (Ð The box is securely attached to a fixed post or cantilever aÍn (iÐ The bottom of the mailbox is 3.5 feet ( 1 meter) above the shoulder surface elevation. (iiÐ The front of the mailbox shall be aminimum 42" (105 cm) from the travelled portion ofthe roadway. Section V- Notice/Action Regarding non Conformity 5. (1) The Municipality of Bayham shall notiffresidents, along Municipal roadways, who have mailboxes supported in a manner which the Municipality of Bayham consider asafelyhazard, in order to have the supports replaced. Ø The Municipality of Bayham shall require the owner of the mailbox to install a new substitute post support using posts as described in Section IV (i) above. (3) Replacement posts shall be erected in accordance with the requirønents as set forth in the By-Law Section VI - Restoration of Damaged Units (1) In the event of repairs or replacement of mailbox supports and/or mailboxes damaged or destroyed by Municipal snowplowing operations, the ace the Post If however ll not be held responsible for the replacement. By-Law 2009-044 A By-Law to regulate the erection, const... Page 384 of 403 Ø In the event of damage to a box or support post no rqllacement will be made by the Municipality if the owner had been previously advised of a structure too close to the road or an exotic construction that does not conform with the specified requirønents of this By-Law Section VII - Effective Date 7. (1) The regulations and conditions contained in this By-Law shall become effective upon the day ofthe passing thereof. READ A F'IRST, SECOND AIID THIRD TIME AND F'INALLY PASSED THIS t6rH DAY oF APRTL, 2009. MAYOR CLERK By-Law 2009-044 A By-Law to regulate the erection, const... Page 385 of 403 Page 386 of 403 THE CORPORATION OF THE MT'NICIPALITY OF BAYHAM BY-LAW NO.2009-0s2 A BY-LAW TO ASSUME AND ESTABLISII LANDS IN THE MUNICIALITY OF'BAYHAM AS PART OF THE OPEN PUBLIC HIGH\ryAY SYSTEM (CARSON LrNE) WHEREAS the Municipality of Bayham acqirired properties for the purposes of improving and/or widening the municipal road known as Carson Line; AND WHEREAS the Council of the Municipality of Bayham desires to establish the said parcels of land as part of the open public highway system of the Municipality pursuant to Section 3l(t) of the Municipal Act, 2001, S.O. 2001, c.25, as amended. THEREFORE THE COUNCIL OT'THE CORPORATION OF'THE MUNICIPALITY OF BAYIIAM ENACTS AS T'OLLOWS: 1. THAT the parcels of land listed below and situated in the Municipality of Bayham in the County of ftgin be and the same are hereby assumed and established as part of the open public highway system of the Municipality of Bayham: Description Public Hiehwav Part of Lots 16 a¡d 17, Concession 10, Municipality Carson Line of Bayham, County of Elgin, designated as Parts l,2and6 onPlan 11R-1026 Part of Lot 16, Concession 10, Municipality Carson Line of Bayham, County of Elgin, designated as Part 4 on Plan I lR-1026 2. THAT this byJaw shall take effect upon the date of its registration in the Land Registry Offrce for the Registry Division of Elgin (No. 11). 3. TIIAT the Clerk or designate is hereby authorized to amend the parcel designation noted in this By-law, if necessary upon registration of this Bylaw. READ A FIRST, SECOND TIME AND THIRD TIME AND FINALLY PASSED THIS 16rH DAY oF APRrL,2oo9. MAYOR CLERK By-Law 2009-052 A By-law to assume and establish lands (... Page 387 of 403 Page 388 of 403 THE CORPORATION OF'THE MI]NICIPALITY OF BAYIIAM BY-LAW NO.2009 - 053 A BY-LA\ry TO AUTHORIZE TIIE EXECUTION OFAROAD USE AGREEMENT BET\ilEEN TIIE MUNICIPALITY OF' BAYHAM A¡TD JANET ELIZABETII DANIEL WIIEREAS Section 11 of the Municþal Act, 2001, S.O. 2001, c.25 as amended provides that a lower tier municipality may pass by-laws respecting highways. AND \MHEREAS Janet Elizabeth Da¡riel has applied to the Municipality for permission to utilize a portion of road allowance closed to vehicular traffic for the purpose of access to a residence and accessory buildings located on her property. AND WHEREAS the Council of the Corporation of the Municipality of Bayham is desirous of entering into such agreement to grant such permission subject to terms and conditions set forth in such agreement. NOW THEREFORE THE COT]NCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. TIIAT the Mayor and Clerk be and they are hereby authorized and directed to execute the Agreement attached hereto as Schedule *4" and forming part of this by-law, between the Corporation of the Municþality of Bayham and Janet Elizabeth Daniel, being a road use agreement for certain public highways under the jurisdiction and control of the Municipality of Bayham. 2. THAT this byJaw shall come into full force and effect upon final passing. READ A FIRST, SECOND A}[D THIRD TIME AND FINALLY PASSED TIIIS 16th DAY OFAPRIL 2009. MAYOR CLERK By-Law 2009-053 A By-law to authorize the execution of a... Page 389 of 403 AGREEMENT THIS AGREEMENT made in triplicate this - day of BET\üEEN: ,2009 JANET ELIZABETII DANIEL of the Municipality of Bayham, in the County of Elgin hereinafter called the OWNER OF THE FIRST PART -AND- TIIE CORPORATION OF THE MUNICIPALITY OF BAYHAM hereinaft er called BAYHAM OF THE SECOND PART V/HEREAS: 1. The Owner is the only owner of lands and premises described in Attachment "A" attached hereto and illustrated on Attachment "B" attached hereto. 2. Bayham is the owner of all opened and unopened road allowances within the Municipality and in particular the road allowance illustrated in Attachment "8" attached hereto. 3. The Owner has requested Bayham to grant permission to utilize the road allowance closed to vehicula¡ traffic illustrated in Attachment "B" hereto for the purpose of access to a residence and accessory buildings located on the property NOW THEREFORE IN CONSIDERATION of the premises and other good and valuable consideration and the covenants and agreements hereinafter to be performed, the parties hereto covenant and agree as follows: 1. Bayham, during the pleasure of Council, subject to the terms, conditions and covenants of this Agreement, allow the Owner to use the said lands for access to a private residence and accessory buildings, until such time as any part or parts of the said lands are required by Bayham for any purpose. The Owner shall not construct any permanent structures, fencing, gates, or otherwise on the said lands, except as approved in writing by Bayham. 2. The Owner shall use the said lands for the purposes aacillary to the agricultural use for access for ingress and egress. 3. The Owner shall maintain any and all improvements permitted in all respects to the satisfaction of Bayham and upon its direction. In no circumstances shall Bayham be responsible for the costs of any improvements, maintenance, damages, or other expenses associated with the permitted improvements. 4. The Owner shall always indemnify and keep indemnified Bayham against all actions, suits, claims, and demands u'hatsoever which may be brought against or made upon Bayham, and against all loss, costs, damages, charges and expenses whatsoever which may be incurred, sustained, or paid by Bayham in consequence of the use of the said lands or otherwise by reason of the exercise by the Owner of the permission hereby granted to use the said road allowance, and the Owner hereby grants to Bayham full power and authority to settle any such actions, suits, claims, and demands on such terms as Bayham may deem advisable and hereby covenants and agrees with Bayham to pay to Bayham on demand all monies paid by Bayham in pursuance of any such settlement and also such sum shall represent the reasonable costs of Bayham or its solicitors in defending or settling any such actions, suits, claims, or demands. By-Law 2009-053 A By-law to authorize the execution of a... Page 390 of 403 a-z- 5. If the Owner fails to to the provisions of this A ) daYs written notice to the and to its condition prior to the execution of this Agreement' 6. No length of time or enjoyment by the Owner of the lands or any part or parts thereof shall en-ure or give a right to the Owner or its heirs, successors, or assigns to retain the said lands or any part or-parts thereofor acquire an easement or shall deprive Bayham by the operation of any statute of limitation or otherwise of any right to require the vacating ofthe said lands. 7. If at any time after the execution of this Agreement the Council of the Municipality of Bayham, in its sole discretion, resolves to terminate the privileges granted herein,. the Owner agrees to remove the works, or any part or parts thereoÍl and to restore the lands to the condition as existed at the date of execution ofthis agreement if so required by the Municipality in its sole discretion, within sixty days next after notice in writing of such resolution has been delivered or posted by prepaid mail to the Owner and the Owner shall not be entitled to claim any damages whatsoever for the removal of the works or aîy part or parts thereof. 8. Bayham reserves the right, for itself and all members of the public, to use the said lands for access to and uses as deemed appropriate in its sole discretion. g. The Owner covenants and agrees with Bayham that in the event of the Owner transferring or selling the lands or ¿my part thereof, the Owner shall forthwith notifl Bayham in writing of such transfer or sale together with the name and address of the transferee or purchaser. 10. The Owner covenants and agrees with Bayham that for the purpose of this Agreement, notice may be given to the Owner by mailing the notice post paid and addressed to the Owner at the address of: 54890 Baldwin Line, RR I Eden ON NOJ lHO' 11. This Agreement and ever¡hing contained shall respectively enure to the benefit and be binding upon the parties hereto, their heirs, executors, administrators, successors, and assigns respectively. 12. The Owners, at their expense, shall register this Agreement on title to the Lands. The Owners shall cause a registered copy to be delivered to the Municipality. IN WITNESS WHEREOF Bayham has hereunto affixed its Corporate Seal under the hand of its proper signing off,rcers duly authorized on its behalf and the Owner has hereunto set her hand and seal. THE CORPORATION OF THE MUNICIPALITY OF BAYHAM Mayor Lynn Acre Clerk Lynda Millard SIGNED: Elizabeth Daniel Date By-Law 2009-053 A By-law to authorize the execution of a... Page 391 of 403 Attachment tÚAtt Pronertv Description LegalDescription: concession 8 SouthParlLots 12 8.13,RPl1R5288 Part3 AssessmentRollNumber: 34-01-000-006-03500 Municipal Address: 54890 Baldwin Line By-Law 2009-053 A By-law to authorize the execution of a... Page 392 of 403 Attachment íBtt //-R-52A8 Unopened Road Allowance By-Law 2009-053 A By-law to authorize the execution of a... Page 393 of 403 Page 394 of 403 TITE CORPORATION OF THE MT]NICIPALITY OF BAYHAM BY-LAW NO.2009-054 A BY-LAWTO AUTHORIZE THE EXECUTION OT' AN AGREEMENT BETWEEN THE MIJNICIPALITY OF BAYTIAM AND HER MAJESTY THE QUEEN IN RIGIIT OF ONTARIO AS REPRESENTED BY THE DEPUTY PREMIER AND MINISTER OF ENERGY AND INFRÄSTRUCTURE AND MINISTER OF AGRICULTURE, FOOD AND RURAL A-F'F'AIRS REGARDING THE BUILDING CANADA FUND - COMMUNITIES COMPONENT \ryHEREAS the Municipality of Bayham submitted application for funding to the Building Canada Fund - Communities Component; AND \ilHEREAS the Municipality has received confirmation of conditional funding support under the program subject to the completion of the BCF-CC Contribution Agreement; AND WIIEREAS the Council of the Corporation of the Municipality of Bayham is desirous of entering into the said Contribution Agreement; THEREFORE THE COI]NCIL OF'THE CORPORATION OF THE MI]NICIPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. THÄ.T the Mayor and Administrator be and are hereby authorized and directed to execute the Agreement attached hereto as Schedule "4" and forming part of this bylaw between the Municipality of Bayham and He¡ Majesty the Queen in Right of Ontario for the provision of funding under the Building Canada Fund - Communities Component. 2. THAT this by-law shall come into full force and effect upon final passing. READ A X'IRST, SECOND AND THIRD TIME AND F'INALLY PASSED THIS 16th DAY ox'APRTL 2009. MAYOR CLERK By-Law 2009-054 A By-law to authorize the execution of a... Page 395 of 403 Page 396 of 403 TIIE CORPORATION OF THE MTJNICIPALITY OF BAYHAM BY-LAW2009-0s5 BEING A BY-LAW TO AMEND BY-LAW 2OO5-1O2IMPOSING RÄTES AND FEES WHEREAS the Municipal Act S.O. 2001, Chap. M. 25 as amended provides that the Council of a local Municipality may by by-law, impose specifîc rates and fees to be charged for municipal services. AND \ilHEREAS the council of the corporation of the Municipality of Bayham did by By- law 2005-102 adopt a schedule ofrates and fees for municipal services; AND WHEREAS the Council of the Municipality of Bayham now deems it expedient to amend ByJaw 2005-102 to include road access, water connection and sewer connection permit fees; AND WIIEREAS the Council of the Corporation of the Municipality of Bayham deems it necessary to amend the schedule ofrates and fees for such services; THEREF'ORE THE COI]NCIL OF THE CORPORÄTION OF THE MT]NICIPALITY OF'BAYHAM ENACTS AS FOLLOWS: THAT the following fees be added to Schedule "A" of By-Law 2005'702:. Road access permit $160.00 'Water corurection permit $170.00 Sewer connection permit $170.00 2. AND TIIAT in all other respects By-law 2005'102 be hereby conftrmed. READ A FIRST A¡tD SECOND TIME this 16th day of April2009. MAYOR CLERK READ A THIRD TIME Ai\tD FINALLY PASSED this 16th day of April2009. MAYOR CLERK By-Law 2009-055 A By-law to further amend By-law 2005-10... Page 397 of 403 Page 398 of 403 THE CORPORATION OF THE MT]NICIPALITY OF BAYHAM BY-LAW NO. 2009-0s7 A BY.LAW TO Ä.UTIIORIZE THE EXECUTION OF AN AGREEMENT BETWEEN THE MT]NICIPALITY OF BAYIIAM AND LEN FROESE O/A GROUND EFFECTS LANDSCAPE AND DESIGN FOR THE PROVISION OF CEMETERY CARE SERVICES \MHEREAS the Corporation of the Municipality of Bayham is the registered owner of lands shown on the map attached hereto as "Map #1", hereinafter referred to as the "lands"; AND WIIEREAS the Council of the Corporation of the Municipality of Bayham is desirous of entering into an agreement for cemetery care services on these lands. THEREFORE TIIE COTINCIL OF TIIE CORPORATION OF TIIE MUNICIPALITY OF BAYIIAM ENACTS AS FOLLO\MS: 1. THAT the Mayor and Clerk be and are hereby atthorized to execute the Agreement attached hereto as Schedule"A" and formingpart of this by-law between the Municipality of Bayham and Len Froese O/A Ground Effects Landscape and Design for the provision of cemetery care services. 2. TIIAT this by-law shall come into fuIl force and effect upon the date of its enactment. READ A FIRST, SECOND AND TIIIRD TIME AND FINALLY PASSED TIIIS 16TH DAY OF APRIL 2OOg. MAYOR CLERI( By-Law 2009-057 A by-law to authorize the execution of a... Page 399 of 403 Page 400 of 403 TIIE CORPORATION OFTEE MT]NICIPALITY OF BAYHAM BY-LAW NO. 2009- 058 A BY-LAW TO AUTEORIZF THE EXECUTION OF AN AGREEMENT BETWEEN TIIE MUNICIPALITY OF' BAYIIAM ANI) \ililson Lawn Care & Snow Removal FOR TIIE PROVISION OF LAIIDSCAPING SERVICES WIIEREAS the Municipality of Bayham is the registered owner and/or lessee of the lands shown on the various maps attached hereto as "Map #1" , "Map #2" , "Map #3 ", "Map # 4" and "Map #5", hereinafter referred to as the "lands" 4¡I¡ \TIIEREAS the Council of the Corporation of the Municipality of Bayham is desi¡ous of entering into an agreement for provision of landscaping services on these lands. TIIEREFORE THE COUNCIL OF TIIE CORPORATION OF TIIE MIJNICIPALITY OF'BAYIIAM ENACTS AS F'OLLOWS: THAT the Mayor and Clerk be and are hereby authorized to execute the Agreønent attached hereto as Schedule "4" and forming part of this by-law between the Municþality of Bayham and Wilson Lawn Ca¡e and Snow Removal for the provision oflandscape services. TIIAT this by-law shall come into full force and effect upon the final passing. READ A tr'IRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 16th DAY Otr'April, 2009. 1. 2. MAYOR CLERK By-Law 2009-058 A By-law to authorize the execution of a... Page 401 of 403 Page 402 of 403 THE CORPORATION OF'THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2009-056 A BY-LA\ry TO CONFIRM ALL ACTIONS OF' TIIE COUNCIL OFTHE CORPORATION OF' THE MT]NICIPALITY OF BAYHAM F'OR THE REGULAR MEETING HELD APRIL 16, 2009 WHEREAS under Section 5 (l) of the Municþal Act, 2001 S.O. 2001, Chapter 25, the powers of a municþal corporation are to be exercised by the Council of the municipality; AND WH{REAS under Section 5 (3) of the Municipal Act, 2001, the powers of Council are to be exercised by byJaw; AND WHEREAS the Council of the Corporation of the Municipality of Bayham deems it advisable that the proceedings of the meeting be confirmed and adopted by by-law. THEREFORE THE COUNCIL OF THE CORPORATION OF TIIE MUNICIPALITY OFBAYHAM ENACTS AS F'OLLOWS: 1. THAT the actions of the Council of the Corporation of the Municipality of Bayham in respect of each recommendation and each motion and resolution passed and other action by the Council at the regular meeting held April 16, 2009 is hereby adopted and confirmed as if all proceedings were expressly embodied in this by-law. 2. THAT the Mayor and Clerk of the Corporation of the Municipality of Bayham are hereby authorized arid directed to do all things necessaryto give effect to the action ofthe Council including executing all documents and affixing the Corporate Seal. READ A FIRST, SECOND AND THIRD TIME and finally passed this 16th day of April 2009. MAYOR CLERK By-Law 2009-056 A By-law to confirm all actions of Counc... Page 403 of 403