HomeMy WebLinkAboutNovember 19, 2009 - CouncilCOUNCIL AGENDA
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
9344 Plank Road, Straffordville
Thursday, November 19, 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 November 5, 2009.
(b)Added Item(s)
4.DELEGATIONS
(a)7:05 p.m. - Harris Teall regarding Estherville Cemetery
(b)7:15 p.m. - Wanda Hoshal regarding Estherville Cemetery
(c) Matthew Redsell regarding Animal Control By-Law
(d) Beverly Wagar regarding Animal Control By-Law
(e) Sean Hurley regarding Animal Control By-Law
(f) Jean Woon regarding Animal Control By-Law
5.INFORMATION ITEMS
(a)Copy of resolution passed October 7, 2009 by the County of Lambton regarding
"Lambton County Council - Supports Moratorium on Major Health Care
Restructuring".
File: C10
5-23
25
27
29
31-32
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Council Agenda November 19, 2009
Page
5.INFORMATION ITEMS
(b)Copy of resolution passed by the City of Ottawa regarding "default speed limits".
File: C10
(c)Correspondence dated November 3 and 6, 2009 from Association of Municipalities
of Ontario regarding "Consultation on Blue Box Changes", Good Government Bill
Contains Minor Changes for Municipalities" and "Presumptive Legislation for
Volunteer and Part-time Firefighters".
File: A01
(d)Bayham Historical Society draft minutes of meeting held October 8, 2009.
File: C06
(e)Museums Bayham draft minutes of meeting held November 11, 2009.
File: C06
(f)Elgin County OPP Media Release dated November 13, 2009 regarding "2009
Safegrad Workshop".
File: P17
(g)Invitation from the County of Elgin regarding "Elgin County Ambassador Program".
File: A16
(h)Media Release dated November 4, 2009 from South Central Ontario Region
(SCOR) regarding "Sand Plains Community Development Fund" and "SCOR
Partners Adopt Strategic Management Plan".
File: M07
(i)Correspondence dated November 5, 2009 from Long Point Region Connservation
Authority regarding "Long Point Region High Water Use Designation".
File: A16
(j)Elgin County Council minutes of meeting held September 15, 2009. (brought forward
from November 5, 2009)
File: A16
6.PLANNING, DEVELOPMENT, RECREATION & TOURISM
33
35-39
41-43
45-47
49-52
53-54
55-58
59-60
61-70
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6.PLANNING, DEVELOPMENT, RECREATION & TOURISM
(a)Staff Report D2009-42 regarding Max Underhill Farm Supply Site Plan Agreement.
File: D11.UNDERHILL
7.ROADS, AGRICULTURE & DRAINAGE
(a)Staff Report PW2009-24 regarding Ontario Tire Stewardship.
File: E07
(b)Event Road Closure Request Form from Port Burwell Otter Valley Optimist Club
regarding Port Burwell Santa Claus Parade.
File: R09
8.PROPERTY, BUILDING & PROTECTIVE SERVICES
(a)Building Permit Report for the month ending October 31, 2009.
File: P10
(b)Staff Report P2009-006 regarding Animal Control By-law. (deferred from November
5, 2009)
File: P16
9.FINANCE, ADMINISTRATION & PERSONNEL
(a)Cheque Register being Cheque #7446 to Cheque #7521 inclusive, except Cheques
#7442 totaling $444,982.80. Payroll Disbursements not available at this time.
(b)Straffordville Cemetery Board minutes of meeting held November 10, 2009 and By-
Law 2009-129 being a By-Law to further amend By-Law 2009-006 (appointing
members to boards and committees).
File: C06
10.ENVIRONMENT
71-93
95-96
97-98
99
101-142
143-152
153-154
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10.ENVIRONMENT
(a)Staff Report E2009-13 regarding Response to MOE Order - Richmond Water
System. (not available at time of publishing)
File: E08
11.COMMITTEE OF THE WHOLE
(a)In Camera.
(b)Closed Session minutes of the regular meeting of Council held November 5, 2009.
(c)Confidential Staff Report regarding litigation or potential litigation.
(d)Confidential correspondence regarding advice that is solicitor-client privilege.
(e)Confidential verbal report regarding labour relations.
(f)Out of Camera.
12.BY-LAWS
(a)By-Law 2009-071 A By-Law to Regulate and Control Animals (deferred from
November 5, 2009)
(b)By-Law 2009-127 A By-Law to authorize the execution of a site plan agreement
(Max Underhill's Farm Supply Limited)
(c)By-Law 2009-129 A By-Law to further amend By-Law 2009-006 (appointing
members to boards and committees)
(d)By-Law 2009-130 A By-Law to confirm all actions of Council
13.ADJOURNMENT
(a)Adjournment
155-162
163-175
177
179
Page 4 of 179
COUNCIL MINUTES
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
9344 Plank Road, Straffordville
November 5,2009
7:00 p.m.
8:00 p.m. Court of Revision - Drainage
The regular meeting of the Council of the Municipality of Bayham was held on Thursday, November 5,
2009 in the Council Chambers. Present were Mayor Lynn Acre, Deputy Mayor Cliff Evanitski,
Councillors Mark Taylor, Wayne Casier and Ed Ketchabaw, Administrator Kyle Kruger and Clerk
Lynda Millard.
Planning Coordinator / Deputy Clerk Margaret Underhill, Chief Building Official Bill Knifton, Fire
Chief / By-Law Enforcement Officer Paul Groeneveld, Treasurer Suzanna Dieleman Mantel and
Water Wastewater Superintendent Ed Roloson, were in attendance to present their respective reports.
I. CALL TO ORDER
Mayor Acre called the meeting to order at 7:00 p.m.
2. DISCLOSURE OF PECUNIARY INTEREST & THE GENERAL NATTJRE
THEREOF'
None
3. APPROVAL OF MINUTES AND ADDITION OF AGENDA ITEMS
(a) Minutes of the regular meeting of council held October 15, 2009.
2009-s26
Moved by Councillor W Casier
Seconded by Councillor M Taylor
ffTHAT the minutes of the regular meeting held October 15,2009 be approved
as circulated.rr
CARRIED I.INANIMOUSLY
(b) Added Item(s).
There were no items added to the agenda.
4. DELEGATIONS
(a) 7:20 p.m. Matthew Redsell regarding Property Standards
Matthew Redsell was in attendance regarding Propefy Standards concerns. He
suggested consideration should be focused on health, fitehaza¡d or other nuisance
concerns rather than appearances. He raised issues with other properties being in
violation without owners being issued notices. He also emphasized the environmental
benefits of natural gardens.
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Minutes of the regular meeting of Council held November 5, 2...
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Council Agenda November 5,2009
(c)
When questioned whether his concems were with the by-law, staffor Council, he
responded all three elements.
7:37 p.m. Nancy I-ozonregarding Playground Equipment
Mrs. Lozon spoke on behalf of the East Beach Play Structure Committee, in support of
the benefits of placing new playground equipment on the east beach rather than
replacing existing equipment at the ball park. She suggested refusing the RInC grant and
submitted a petition with over 400 signatures in support of her stand on the matter.
It was explained that the financial grant was only available in support of replacement
equipment rather than new and that declining this opportunity would result in a defenal
of any new equipment in Port Burwell until Council budgeted new firnds for this
purpose.
7:45 p.m. Wanda Hoshal regarding Estherville Cemetery
Mrs. Hoshal was in attendance regarding the Estherville Cemetery and suggested
Council use the Boundary Act to deterrrine mapping enors and correct them.
5. INFORMATION ITEMS
(a) Copy of resolution passed by Essa Township regarding "Nottawasaga Conservation
Authority".
File: C10
(b) Copy of resolution passed October 30, 2009 by the Council of the Township of
Frontenac Islands regarding "Closing of Prison Farms in New Brunswick, Ontario,
(e)
Manitoba, Saskatchewan and Alberta".
File: ClO
Copy of resolution passed by the Council of the County of Perth regarding
"Residential-Farmland Property Tax Concerns".
File: C10
Copy of resolution passed October 13, 2009 by the Council of the Township of
Wainfleet regarding "Ministry of Natural Resources Provincially Siguificant Wetlands".
File: ClO
Correspondence from Local Authority Services Ltd. regarding "Town Hall Sessions
2009 - 2010".
File: A0l
(Ð Correspondence dated October 15,22,27 and28,2009 from Association of
Municipalities of Ontario regarding "AMO Report to Members on September 2009
Board Meeting", uBill 168, Violence & Harrassment in the Worþlace", "Minister of
Finance Delivers Fall Economic Statement", ''AMO Applauds Govemment for Moving
Forward on the Implementation of Early Learning and Child Care in Ontario", "Good
Government Bill Proposes Municipal Election Changes" and "Waste Diversion Act
(b)
(c)
(d)
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Council Agenda November 5,2009
Review".
File: 401
(g) Conespondence from Linda Jeffrey, MPP Brampton-Springdale regarding "I thought
you might like to know".
File: M07
(h) News Release dated October 14,2009 from Ontario Provincial Police regarding
"Operation Impact a Memorable lnitiative".
File: Pl7
(Ð Elgin Group Police Services Board June - August 2009 Detachment Commanders
Report.
File: P17
() Correspondence dated October 8,2009 from The Ontario Aggregate Resources
Corporation regarding "2008 Annual Report".
File: A16
(k) Correspondence dated October 19,2009 from Ministry of Municipal Affairs and
Housing regarding "Ontario Municipal Intemship Program".
File: A0l
0) Conespondence dated October 23, 2009 from Ministry of Energy and Infrastructure
regarding "Proposed Growth Plan for Northem Ontario".
File: A0l
(m) Conespondence dated October 27,2009 from Canadian Museums Association
regarding "Pre-budget Consultations".
File: 401
(n) Conespondence from Ministry of Municipal Affairs and Housing regarding "Proposed
reforms of interest to Municipalities".
File: A0l
(o) Conespondence from Association of Municipalities of Ontario regarding uAnnual
Expenditure Report 2008".
File: A0l
(p) Infonnation Notice from Township of Malahide regarding "Agri-Industrial Park".
File: A16
(Ð Correspondence dated October 27,2009 from Elgin County regarding "Smart
Moratorium for disputed school closures".
File: 416
G) Corespondence from the City of North Bay regarding "Mayor to Mayor Campaign
launched in Buy American Battle".
File: 416
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Council Agenda November 5,2009
G) Copy of conespondence dated October 1, 2009 from Elgin Group Police Services
Board and October 23,2009 from Elgin County regarding "Designating the Bridge at
Fumival Road and Highway 401".
File: A16
(t) Conespondence dated October 22,2009 from Ministry of Municipal Affairs and
Housing regarding'Local Govemment Week".
File: 416
(u) Elgin County Council minutes of meeting held Sepembet 15,2009.
File: A16
(v) Conespondence dated October 26,2009 from County of Elgin regarding "Elgin
County welcomes Susan McConnell to administrative services".
File: A16
(Ð Correspondence dated October 5,2009 from Bayvale Farms Ltd., T. Csinos,
regarding "Road Allowance Boundaries".
File: C13
G) Correspondence dated October 19, 2009 from Ministry of Culture regarding '2009-
2010 Museums and Technology Fund".
File: Fl I
(V) Correspondence dated October 28,2009 from Norfolk County regarding "Winters
Drain Tribunal".
File: E09
(z) Elgin Group Police Services Board minutes of meeting held September 30, 2009.
File: P17
(aa) Correspondence received October 22,2009 from Mae Leonard regarding "Estherville
Cemetery".
File: S09
2009-527
Moved by Councillor W Casier
Seconded by Deputy Mayor C Evanitski
'TTHAT information items 5(a) through 5(aa) be received for information."
CARRIED UNANIMOUSLY
6. PLANNING. DEVELOPMENT. RECREATION & TOURISM
(a) StaffReport D2009-33 regarding OMB Notice of Decision - Borm, Borm Site Plan
Agreement.
File: D11
2009-528
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Council Agenda November 5,2009
Moved by Councillor E Ketchabaw
Seconded by Councillor W Casier
'6TIIAT Staff Report D2009-33 regarding the Borm Site Plan Agreement be
received;
AND TIIAT ByJaw No.2008-050 be repealed;
AND THAT ByJaw No. 2009-096, being a ByJaw to authorize the execution of
a Site PIan Agreement with Etienne & Marie-Louise Borm and the
Municipality of Bayham be presented for enactment.D
CARRIED UNANIMOUSLY
(b) Staff Report D2009-4I regarding Keil ConsentsBT9l09 and E80/09.
File: D10.09 Keil
2009-529
Moved by Deputy Mayor C Evanitski
Seconded by Councillor W Casier
'THAT Staff Report D2009-41regarding the Keil consents be received;
AND THAT Council recommend to the Elgin County Land Division Committee
that severance applications 879/09 and E80/09, submitted by Werner KeiI, be
approved and ruh is subject to:1. $500 cash-in-lieu ofparkland dedication fee
2. lot grading plan
3. provision of water quality testing reports for nitrates and bacteria
content4. provision of water quantity testing report
5. municipal lot assessment to determine soil suitability for a private
septic system6. copy of the final survey be provided to the municþality
7. rezoning to remove the "Holding" provision."
CARRIED
(c) Memorandum dated October 15,2009 from IBI Group regarding "Green Energy Act:
Role of Municipal Government in Renewable Energy Projects".
File: D14
2009-530
Moved by Councillor W Casier
Seconded by Councillor E Ketchabaw
"THAT Memorandum from IBI Group regarding Green Energy Act: Role of
Municipal Government in Renewable Energv Projects be received;
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Council Agenda November 5,2009
AND TIIAT Staff be directed to review renewable energy projects and report
to Council."
CARRIED UNANIMOUSLY
7. ROADS. AGRICULTURE & DRAINAGE
1. CORRESPONDENCE &REPORTS
(a) StaffReport PW2009-23 regarding Angle Parking - Port Burwell.
File: T02
2009-s3t
Moved by Councillor E Ketchabaw
Seconded by Councillor W Casier
I'THAT StaffReport PW2009-23 regarding Angle Parking Port Burwell be
received for information.r'
CARRIED UNANIMOUSLY
(b) Staff Report PR2009-17 regarding Road Closure Application - Chesfirut Sheet
Allowance.
File: T09
2009-532
Moved by Councillor W Casier
Seconded by Councillor E Ketchabaw
I'THAT StaffReport PR2009-17 regarding Road Closure Application -
Chestnut Street Ällowance be received;
AND THAT staff be directed to initiate required procedures pursuant to
the Municipal notice by-law to close an unopened portion of the Chestnut
Street road allowance between Edison Drive and Elm Street in Vienna,
provided the applicants pay required expenses, and that upon closure ofthe
road, the lands be conveyed to the abutting property owners at appraised
value.tt
CARRIED UNANIMOUSLY
(c) StaffReport PR2009-18 regarding Road Closure Application - Lots 10 and 1l
Concession 3.
File: T09
2009-533
Moved by Councillor E Ketchabaw
Seconded by Councillor W Casier
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"TIIAT StaffReport PR2009-18 regarding Road Closure Application -
Lots 10 and 11 Concession 3 be received;
AND THAT staff be directed to Ínitiate required procedures pursuant to
the Municipal notice by-law to close a portion of the unopened road
allowance between Lots 10 and 11 in Concession 3, provided the applicants
pay required expenses, and that upon closure ofthe road, the lands be
conveyed to the abutting property owners at appraised yalue."
CARRIED I.INANIMOUSLY
(d) Event Road Closure Request Form from Straffordville Santa Claus Parade
Committee regarding parade.
File: T09
2009-s34
Moved by Councillor W Casier
Seconded by Deputy Mayor C Evanitski
I'THAT the Council of the Municipality of Bayham approyes the request
by the Straffordville Santa Claus Parade Committee to use streets within
Straffordville for the Sanda Claus Parade to be held Saturday, December
12,2009 at 10:30 a.m., subject to the provision of proof of liability
insurance coverage;
TIIAT Old Chapel Street be temporarily closed during the parade;
THAT the County of Elgin be requested for permission to use Plank Road
and Heritage Line between 10:30 a.m. and 1:00 p.m. for the parade;
AND TIIAT the Bayham Public Works Manager be directed to provide the
necessary provisions for traffic control and safety."
CARRIED UNANIMOUSLY
2. COTJRT OF REVISION - DRAINAGE
2009-535
Moved by Councillor W Casier
Seconded by Deputy Mayor C Evanitski
"THAT in accordance with the provisions of the Drainage Act the Council of the
Municipality of Bayham appoints Mayor Lynn Acre, Deputy Mayor CliffEvanitski,
Councillors Mark Taylor, Wayne Casier and Ed Ketchabaw to sit as members of
the Court of Revision;
AND THAT Mayor Acre act as Chairman;
AND TIIAT the Council Meeting be adjourned for the purpose of holding a Court of
Revision pursuant to the provisions of the Drainage Act.f'
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CARRIED UNANIMOUSLY
1. Application
2. Declaration of Pecuniarv Interest and the General Nature Thereof
None
3. Staff Presentation
(a) Staff Report DR2009-009 regarding No. I Municipal Drain.
The Drainage Superintendent advised that three appeals that the assessment
was to high had been received to the D¡ain No. I report.
John Spriet, Engineer explained the Court of Revision appeal process only
pertains to the assessed costs. He added that any reduction in one area must
be offset with an increased cost to another landowner. Neighbouring
properties can be compared one to another and owners who appealed in
writing have the opportunity to speakto the Court regarding their appeal.
4. Public Comments
(a) Robert Gregson, suggested his allocation was $40,000 and noted that he had
planted all his corn on the subject property in April. He noted that the lower
part of the drain is currentþ working, otherwise he would not have been able
to do so. He noted that he would not benefit from the proposed work,
suggesting ttrat the top end is plugged and the tile had not been checked out to
see the extent of any stoppage there. He confirmed there were between three
and six blowouts on his property annually.
Mr. Spriet advised Mr. Gregson that his cost after the grants will be
$18,000. He added that there were twelve blowout holes from the railroad
hail to Mr. Nagy's property. He noted that the open ditch portion ended up
being tiled and empties into the pond now filled wittr silt.
He added that it takes longer to incorporate any old tile and the pond will be
bypassed. He noted that the old tile laid flat however, the proposed tile will
have at least double the fall and is 1/3 bigger. Upgrading only the upsheam tile
will put pressure on the bottom end section and likely cause additional
blowouts. He noted that Herman and Nagy are the big contributors and need
the work done.
Mr. Gregson commented that the proposed tile is the same level and grade as
the old.
Mr. Spriet suggested the fall is 14" lower at the railroad trail and there will be
gravel placed under the tile.
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Dan Vandevyvere questioned how many farmers requested to have the work
done and that the petitioner should pay for his $26,000 cost.
Mr. Spriet corrected his cost as being about $8,700.
Mathew Schafer commented that the cost to put in the drain is a lot of money
and suggested open ditch and culvert were the true answer.
Mrs. Vandevevere suggested that if M¡. Herman wanted the land tiled he
should pay for all of it.
Ms. Della Howey questioned the amount assessed to her property. It was
noted that her propefy is contributing to both the Main and B Branch.
Mr. Spriet noted that anyone can appeal to the Drainage Tribunal if not
satisfied with their assessment.
Questions were raised on the ability to stop the construction if it was not being
done properþ. Mr. Spriet advised that there is one year to appeal on
construction work.
5. Council Comments and Ouestions
(a) Deputy Mayor Evaniski questioned if it was feasible to consider an open
ditch.
Councillor Casier commented that this is an opportunity to get rid of unwanted
water as part of the Drainage Act and others want it drained.
6. Disposition of ltem
2009-s36
Moved by Councillor E Ketchabaw
Seconded by Deputy Mayor C Evanitski
'TWHEREAS, in accordance with Section 58, Chap. D.17 of the Drainage Act, R.SO.
1990 the appeal period which allows any owner of land assessed for drainage works
to appeal:
. that road or land has been assessed to high or too low, or
. that any land or road that should be assessed has not been assessed, or
. that due consideration has not been given as to ty¡le of use of land, has
expired;
. THAT the Court of Revision has determined the assessment appeal for
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property orvned by Giovina and Daniel Vandevyvere, being N. Pt. Lots 131,
132 Conc,6, RoIl #34-01-000-004-06600-0000 to be denied;
. THAT the Court of Revision has determined the assessment appeal for
property owned by Della L. Howe¡ being Pt. Lotl32, Conc. 6, RP 11R435
P art 2, Roll #34-01-000-004-06601-0000 to be denied;
. THAT the Court of Revision has determined the assessment appeal for
property owned by Robert & Joan Gregson, being N. Pt. Lot 125, Conc.6,
Rotl #34-01-000-004-02800-0000 and N. Pt. Lot 126, Conc 6, Roll #34-01-000-
004-03000-0000 to be denied;
THEREFORE the Court of Revision for the No. I Municipal Drain hereby confirms
the assessments as per the Engineer Report #208321dated September 28,2009.n
CARRIED UNANIMOUSLY
7. Adiournment
2009-s37
Moved by Councillor W Casier
Seconded by Deputy Mayor C Evanitski
I'THAT the Court of Revision Meeting be adjourned at 9:05 p.m."
CARRIED UNANIMOUSLY
8. PROPERTY. BT'ILDING & PROTECTIVE SERVICES
(a) StaffReport P2009-006 regarding Animal Control By-Law and Draft By-law 2009-
07t.
File Pl6
2009-538
Moved by Councillor W Casier
Seconded by Deputy Mayor C Evanitski
*TIIAT Staff Report P2009-006 regarding Animal Control By-law be
deferred.t'
CARRIED I.INANIMOUSLY
(b) StaffReport P2009-030 regarding By-Law Enforcement Program - 2009 Third
Quarter Report.
File: P16
2009-539
Moved by Deputy Mayor C Evanitski
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Seconded by Councillor W Casier
6'TIIÄ.T Staff Report 2009-030 regarding the ByJaw Enforcement Program 3rd
Quarter Report 2009 (July - Sept) be received for information".
CARRIED UNANIMOUSLY
(c) StaffReport P2009-031 regarding Emergency Management Program Third Quarter
Report.
File: Pl6
2009-540
Moved by Councillor M Taylor
Seconded by Deputy Mayor C Evanitski
'THAT Staff Report P2009-0031 regarding the Emergency Management
Program ThÍrd Quarter Report for 2009 be received for information".
CARRIED UNANIMOUSLY
(d) StaffReport P2009-032 regarding 2009 Third Quarter Report - Fire.
File: P16
2009-541
Moved by Deputy Mayor C Evanitski
Seconded by Councillor M Taylor
"THAT Staff Report 2009-032 regarding Fire Department activities for the
Third Quarter 2009 (July - September) be received for information".
CARRIED UNANIMOUSLY
(e) StaffReport P2009-033 regarding 2009 Canine Control Services / Contract.
File: L04
2009-s42
Moved by Deputy Mayor C Evanitski
Seconded by Councillor M Taylor
"TIIAT StaffReport P2009-033 regarding 2010 Canine Control Services
Contract be received;
AND THAT Council accepts the proposal submitted by Rodger Martin for
Canine ControUPound Keeper Services;
AND THAT By-law 2009-122 being a byJaw to authorize the Mayor and Clerk
to execute a contract agreement with Rodger Martin for Canine Control/Pound
Keeper Services be presented to Council for enactment."
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CARRIED UNANIMOUSLY
(Ð Staff Report P2009-034 regarding Surplus Fire Department Pumper Truck.
File: Pl6
2009-543
Moved by Councillor E Ketchabaw
Seconded by Councillor M Taylor
"That StaffReport P2009-034 regarding Surplus Fire Department Pumper
Truck be received for information;
AND THAT staffbe authorized to dispose of the surplus 1984 Ford pump truck
as outlined in Report P2009-034."
CARRIED UNANIMOUSLY
(g) Staff Memorandum regarding20l0 Budget Proposed Initiatives.
File: F05
2009-s44
Moved by Councillor Ketchabaw
Seconded by Councillor M Taylor
"TIIAT Memorandum regarding20l0 Budget Proposed Initiatives be
received;
AND THAT Council confirms increasing dog tag fees and eliminating dog
licensing agent services effective January 1, 2010."
CARRIED I.TNANIMOUSLY
9. FINANCE. ADMIMSTRATION & PERSONNEL
(a) Cheque Register being Cheque #7330 to Cheque #7445 inclusive, except Cheques
#7258 and#7356 totaling $983,605.49 and Payroll Disbursements for the period
ending October 18, 2009 totaling $50,569.32.
2009-545
Moved by Deputy Mayor C Evanircki
Seconded by Councillor M Taylor
I'THAT Cheque Register being Cheque #7330 to Cheque #7445 inclusive,
except Cheques #7258 and #7356 totaling $983,605.49 and Payroll
Disbursements for the period ending October 18, 2009 totaling $50,569.32 be
approved."
CARRIED UNANIMOUSLY
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(b) StaffReport F2009-43 regarding GIS/GPS Services 200912010.
File: L04
2009-546
Moved by Councillor M Taylor
Seconded by Deputy Mayor C Evanitski
"TIIAT StaffReport F200943 regarding GIS/GPS Services 200912010be
received;
AND THAT by-law 2009-123 being a by-law to authorize the execution of an
agreement with the Township of Malahide and the Town of Aylmer for the
sharing of GIS/GPS services be presented for enactment.rr
CARRIED IINANIMOUSLY
(c) StaffReport 82009-44 regarding Playground Equipment.
File: Fl1
2009-547
Moved by Councillor M Taylor
Seconded by Deputy Mayor C Evanitski
TTTHAT StaffReport ß200944 regarding Playground Equipment be received;
AND THAT Council accept the proposals for the purchase and installation of
playground equipment as follows:
Eden in the amount of $34,850 as submitted by Crozier Enterprises Ltd.;
Straffordville in the amount of $45,163.08 as submitted by Henderson
Recreational Equipment Ltd,;
and Port Burwell in the amount of $48,730.36 as submitted by Play Power plus
GST."
CARRIED UNANIMOUSLY
(d) StaffReport F2009-45 regarding Financial Report.
File: F03
2009-548
Moved by Councillor E Ketchabaw
Seconded by Councillor M Taylor
"TIIAT StaffReport F200945 regarding Financial Report for the period
ending October 31, 2009 be received for information."
CARRIED T.INANIMOUSLY
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(e) StaffReport C2009-027 regarding Scarborough's Survey Map Restoration.
File: F18 / ROl
2009-549
Moved by Councillor W Casier
Seconded by Deputy Mayor C Evanitski
"TIIAT StaffReport C2009-027 regarding Scarboroughrs Survey Map
Restoration be deferred.'
CARRIED UNANIMOUSLY
(Ð Conespondence from the Town of Aylmer regarding "Doors Open East Elgin".
File: 416/R06
2009-550
Moved by Councillor W Casier
Seconded by Councillor M Taylor
'TTHAT correspondence from the Town of Aylmer regarding I)oors Open East
Elgin be received;
AND TIIAT the Municipality of Bayham supports the 2010 registration fee in
the amount of $500 for 2009 and budget of $500 in 2010 toward event costs;
AND THAT the Municipality of Bayham appoints Lynn Acre to represent
Bayham on the organizing committee.r'
CARRIED UNANIMOUSLY
(g) StaffReport H2009-10 regarding Employee Training Program.
File: H04
2009-551
Moved by Councillor E Ketchabaw
Seconded by Councillor M Taylor
'TTHAT StaffReport H2009-10 regarding Employee Training Program be
received;
AND TIIAT the Employee Training Program as outlined in Report H2009-10
be adopted.rr
CARRIED UNANIMOUSLY
Page 14 of 19
Minutes of the regular meeting of Council held November 5, 2...
Page 18 of 179
Council Agenda November 5,2009
(h) StaffMemorandum regarding Request from Mayor Habkirk - Physician Assistance.
File: C13
2009-ss2
Moved by Deputy Mayor C Evanitski
Seconded by Councillor W Casier
"TIIAT StaffMemorandum regarding Request from Mayor Habkirk -
Physician Assistance be receÍved;
AND THAT the Council of the Municipality of Bayham supports a contribution
of $250 as requested.fr
CARRIED
(Ð Bayham Community Centres Committee d¡aft minutes of meeting held October 29,
2009 and Draft By-Laws2009-124 and2009-125.
File: C06
2009-ss3
Moved by Councillor W Casier
Seconded by Deputy Mayor C Evanitski
'TTHAT the Bayham Community Centres Committee draft minutes of the
rneeting held October 29,2009 be received;
AI\D TIIAT By-Law 2009-124 to amend Rates and Fees By-Law 2005-102 and
By-Law 2009-125 amending Peidl Janitorial agreement for the Vienna
Community Centre be presented to Council for enactment.'f
CARRIED UNANIMOUSLY
û) StaffMemorandum C2009-I3 regarding January 2010 Meeting Schedule.
File: 409
2009-s54
Moved by Councillor W Casier
Seconded by Deputy Mayor C Evanitski
"TIIAT Memorandum regarding January 2010 Meeting Schedule be received;
AND THAT the regular January 2010 Council meetings be rescheduled to
allow for one meeting only on Thursday January 14,2009 at 7:00 p.m."
CARRIED UNANIMOUSLY
Page 15 of19
Minutes of the regular meeting of Council held November 5, 2...
Page 19 of 179
Council Agenda November 5,2009
10. ENVIRONMENT
(a) Bayham Water Distribution System Quarterþ Report for the period ending September
30,2009 and Call Ins.
File: E08
2009-555
Moved by Deputy Mayor C Evanitski
Seconded by Councillor M Taylor
nTHAT the Bayham Water DistributionSystem Quarterly Report for the
period ending September 30, 2009 and Call Ins be received for information.fr
CARRIED UNANIMOUSLY
(b) Bayham Small Municipal Non-Residential Wells Quarterly Report for the period ending
September 30,2009.
File: E08
2009-ss6
Moved by Councillor M Taylor
Seconded by Deputy Mayor C Evanitski
f'THAT the Bayham Small Municipal Non-Residential Wells Quarterly Report
for the period ending September 30, 2009 be received for information."
CARRIED UNANIMOUSLY
(c) Port Burwell Wastewater Treatment Plant Quarterly Report ending September 30,
2009 and Call Ins.
File: E05
2009-557
Moved by Councillor W Casier
Seconded by Councillor M Taylor
"THAT the Port Burwell Wastewater Treatment Plant Quarterly Report
ending September 30, 2009 and Call Ins be received for information.rf
CARRIED UNANIMOUSLY
(d) Staff Report 82009-12 regarding MOE Order - Richmond Water System.
File: E08
2009-558
Moved by Councillor M Taylor
Page 16 of 19
Minutes of the regular meeting of Council held November 5, 2...
Page 20 of 179
Council Agenda November 5,2009
Seconded by Councillor W Casier
'TTHAT Staff ReportE2009-12 regarding MOE Order - Richmond \Mater
System be received for information.f'
CARRIED UNANIMOUSLY
(e) Correspondence dated October 27,2009 from Elgin Area Primary Water Supply
System regarding "Notice of Water Rate Increase".
File: F05Æ08
2009-559
Moved by Councillor W Casier
Seconded by Councillor M Taylor
"THAT correspondence dated October 2712009 from Elgin Area Primary
Water Supply System regarding Notice of Water Rate Increase be received
for information.rr
CARRIED UNANIMOUSLY
2009-560
Moved by Councillor W Casier
Seconded by Deputy Mayor C Evanitski
"THAT in accordance with Section 12 of Procedural By-Law 2009-93, Council
shall deal with business until 11 p.m. at its meeting of Nov 15' 2009."
CARRIED TJNANIMOUSLY
11. COMMITTEE OF THE WHOLE
(a) In Camera.
2009-s6t
Moved by Councillor M Taylor
Seconded by Deputy Mayor C Evanitski
"TIIAT the Council do now rise to enter into an rrln Camera" Session of
Committee of the \ilhole at 10:50 p.m. to discuss:
o personal matters about an identifiable individual, including municipal or
local board employees;
. litigation or potential litigation, including matters before administrative
PageIT of19
Minutes of the regular meeting of Council held November 5, 2...
Page 21 of 179
Council Agenda November 5,2009
tribunals, affecting the municipality or local board.rr
CARRIED UNANIMOUSLY
(b) Closed Session minutes of the regular meeting of Council held September 17,2009.
(c) Confidential Staff Report regarding litigation or potential litigation.
(d) Confidential Memorandum regarding personal matters.
(e) Confidentialconespondenceregardingpersonalmatters.
(Ð Out of Camera
2009-562
Moved by Councillor M Taylor
Seconded by Deputy Mayor C Evanitski
"THAT the Committee of the Whole do now rise from the "In Camerarf
session at 11:33 p.m."
CARRIED UNANIMOUSLY
12. BY.LAWS
(a) By-Law 2009-071A By-Law to Regulate and Control Animals - No Action
(b) By-Law 2009-096 A By-Law to authorize the extecution of a Site Plan Agreement
(Borm / ETBO Tool & Die)
(c) By-Law 2009-122 A By-Law to authorize the execution of an agteement (Canine
ControlÆound Keeper Services)
(d) By-Law 2009-123 A By-Law to authorize the execution of an agreement (GIS/GPS
Services)
(e) By-Law 2009-124 A By-Law to further amend By-Law 2005-102 (Rates and
Fees)
(Ð By-Law 2009-125 A By-Law to further amend By-Law 2009-024 (Peidl
Agreement)
2009-563
Moved by Councillor E Ketchabaw
Seconded by Councillor M Taylor
rr THAT By-Laws 2009 -09 6, 2009 -122, 2009 -123, 2009 -124 and 2009-1 25 be
read a first second and third time and finally passed.'f
Page 18 of 19
Minutes of the regular meeting of Council held November 5, 2...
Page 22 of 179
Council Agenda November 5,2009
CARRIED UNANIMOUSLY
(g) By-Law 2009-126 A By-Law to confimr all actions of Council
2009-564
Moved by Councillor M Taylor
Seconded by Deputy Mayor C Evanitski
"THAT confirming By-Law 2009-126 be read a firsÇ second and third time and
finally passed."
CARRIED UNANIMOUSLY
13. ADJOURNMENT
(a) Adjournment
2009-565
Moved by Deputy Mayor C Evanitski
Seconded by Councillor E Ketchabaw
'TTHAT the Council rneeting be adjourned at 11:35 p.m."
CARRIED TJNANMOUSL
HAvoK Cr-¿ Rr
Page 19 of19
Minutes of the regular meeting of Council held November 5, 2...
Page 23 of 179
Page 24 of 179
L/
Presentation to Bayham Council November 19,2009
re: Proposed Animal Control Bylaw presented by Beverley Wagar, Vienna
There are many reasons to defeat the motion to
implement an animal control bylaw in Bayham,
but I want to focus on just one of them: to ban
bacþard chickens is to diminish food security.
"Food security" refers to the availability of healthy
food and whether one can afford it. For example, if
the only local variety stores stock nothing but
chips and snack food, and most people in the area
can't afford to drive repeatedly to the nearest
grocery store, then there is no food security.
According to the Vancouver Food Policy
Assessment of 2005, supermarkets only stock
about th¡ee days' supply offresh food, so ifsupply
lines were cut offby a natural disaster or
catastrophe, even those who can afford it would
quickly run out of safe, nutritious food. It's clear
that if we want to increase regional food security,
we need to reduce our reliance on imported food
and encourage local food production that is
accessible for everyone. A couple of chickens in a
backyard coop is the ultimate form of local food
production.
By banning backyard chickens, Bayham would be
closing the door to an excellent source ofdietary
protein. Fresh fruits and vegetables can be grown
even in small backyards. When it comes to
supplying your own source of protein however, it's
impossible to get Rover to lay breakfast each
morning or fit Bessie the cow in your backyard.
Chickens are small, easy to care for, and won't
take up the entire yard.
A couple of chickens can provide daily eggs for
families who may never even dream of a roast beef
dinner-- people who'll never know they're part of
the Local Food Movement. A trip to the backyard
coop requires only a few minutes, no vehicle, and
no gas. Even mothers in large households can
manage to feed hens, collect eggs, and do the basic
coop cleaning necessary.
The issue of food security goes hand in hand with
poverty and Bayham has its share of poor citizens.
More than its share, actually. As you know from
last year's delegation from the Corner Cupboard
Food Bank in Aylmer, Bayham is home to a
disproportionate number ofAylmer's food bank
users. Why would Bayham want to prevent people
from feeding themselves? Are poor people
expected to survive on handouts when a few
chickens could provide good food and increased
food independence. Remember the adage "teach a
person to fish..."? Well, teach a person to care for
hens and you feed him forever.
Related to food security is the added benefit for
vegetable gardens. Chickens can help reduce the
reliance on purchased compost or fertilizer for
home-grown vegetables. Our two hens, Flufl and
Crown Royal, are great little garden helpers-- their
manure-laden bedding provides excellent
feedstock for my compost tumblers. As well, the
Ladies love to help me dig a garden bed- they
turn garden-destroying grubs into yummy eggs
with amazing effrciency.
In closing, I want to say a few words about the
chicken problem in Bayham: there is no chicken
problem in Bayham. Bayham has problems, to be
sure, but Fluft and Crown Royal aren't among
them. The current laws do not prohibit chickens
as pets (and they're far more interesting than
budgies or pigeons!) or hobbies (what a great way
to teach kids about responsibility and where food
comes from) so where are the hordes of would-be
chicken keepers? It's obvious that the current
"green light for chickens" is adequate. If it doesn't
cover all the possible misuses and abuses, well, no
law can do that. Aban would just drive the
backyard chickens, figuratively speaking,
underground. Don't turn FluS and Crownie into
outlaws!
The commercial egg industry is not under seige
here. Most people will still drive to the mall to buy
insipid eggs from miserable, antibiotic-stuffed,
genetically uniform, battery hens that are deprived
of all natural behaviours. But for people who want
local food that's undeniably healthy and not
dependent on a global system ofenergy-intensive
animal factories, bacþard chickens arcpart ofthe
solution.
Beverly Wagar regarding Animal Control By-Law
Page 25 of 179
Page 26 of 179
Page I ofl
Lynda Millard
From: cyberfarer@gmail.com on behalf of rley. [shurley@theviennacafe.ca]
Sent: Friday, November 13, 2009 12:05 PM
To: Lynda Millard
Subject: Re: 2006 Election Data
Thank you, Lynda.
Below is the synopsis of the presentation I wish to make before council, Thursday Nov. l9th.
1) The history of the proposed by-law.
2) The nature of the complaints.
3) Probløn solving or problem making?
4) Health and property values.
5) The requirement to develop community supported standards.
6) The requirement for an open and participatory process.
7) A proposal for an advisory committee to conduct public meetings, obtain expert advice, and report to
council recommendations for an animal control by-law and specifically the keeping of animals regarded
as livestock and/or exotic pets.
8) The relationship between the municþality and ratepayers: supportive or adversarial?
I don't anticipate I will be very long.
4
tUt3/2009
Sean Hurley regarding Animal Control By-Law
Page 27 of 179
Page 28 of 179
Delegation Outline Jean Woon
1. Thank you to council for allowing me to speak
2. Appreciation of standardizingby-law across Bayham
3. Urban area comparison of Hamlets vs. larger population centers
4. Class 3 - if female fowl are kqlt, noise is not a consideration, containment done
in such a way as to utilize droppings as a natural fertilzet.
5. Class 4 - While limiting and decreasing the number of animals over all classes,
Class 4limits were increased from 20 and40 to 40 and 60.
6. Health concems re flights, noise concerns. Timing of flights from October I and
Ma¡ch 31. (School time)
7. Unsatisfactory performance consequences to Class 4 birds
8. Request reconsideration of Class 3 to allow keeping of 2 female fowl and
reconsideration of Class 4 numbers to previous levels or less.
Jean Woon regarding Animal Control By-Law
Page 29 of 179
Page 30 of 179
!it'
CLERK'S DEPARTMENT
789 Broadway Street, Box 3000
Wyoming, ON NON 1T0
Telephone: 51 9 845-0801
Toll-free: 1 {,66-324-6912
Fax: 519 845-0818
www.lambtononline.ca
COUNTY OF
I.AMBTON
October 7,2009
To: All Ontario Municipalities
Please be informed that Lambton County Council, at its session on October 7,2009 passed the
following resolution:
"Burns/Foubister: That the County of Lambton support the resolution concerning a moratorium
on major health care restructuring as follows:
'WHEREAS the Heafth and Long-Term Care Minister recently appointed a Small and Rural and Northem Health
Care Panelto review and better coordinafe access to heafth care seruices in Rural and No¡them Ontaio;
UIIIEREAS to call for a moratorium on tlrc restructuring of heafth care seruices in runl and small communities to be
imposed upon each Local Health lntegration Netwo¡k in the Province of Ontario until such time as a province-wide
review process has been conducted. The Ontario College of Family Physicians, Canadian Association of Emergency
Physicians, Rural Section of he Ontaño Medical Association and the Society of Rural Physicians have endorced this
call;
WHEREAS it is deemed necessary and expedient for small, rural and northem Municipalities to call upon the
govemment to impose a moratorium on any fufther reductions to heafth care seruices in rural and nofthem
communities;
NOW THEREFORE BE IT RESOLVED by the Lambton Øunty Council that it hereby petitions the Honourable
Dalton McGuinty, Premier of Ontario and the Honourable David Caplan, Minister of Health and Long-Term Care to
impose a moratorium upon each Local Health lntegration Netwotk to prevent any fufther reductions and/or
restructuring in health care seryices in rural and no¡them communities in the Province of Ontario until such time as a
Province-wide review process ñas been conducted, resulting in the following action:
Çaing* Çrøwing * Innwative
Copy of resolution passed October 7, 2009 by the County of L...
Page 31 of 179
1. The urgent establishment of knowledgeable representation, similar fo ff¡ose involved in the Rural and No¡them
Health Care Framewofu, to provide reconmendations to fhe IHINs regarding the role and future of emergency
depaftments and small hospdals;
2. The adoption of the standards that have Men developed identifying fhe servrbes that are required to provide
emergency care;
3. The identification of how many emergency depaftments are needed in each community and in each LHIN;
4. The adoption of standards regarding the level of seryrbes that should be available in local rural hospitals to
supportthe heafth care needs ofthe local population;
5. The adoption of standards regarding the level of serwbes that should be available to local communities to
provide the non-hospital based seruices that are required to meet the health care needs of the local population;
6. The implenentation of a system to ensure accessibilityto regional seruices (London) that are deemed necessary
to support local delivety systems;
7. The implementation of standards regarding EMS availability in the event of a closure of an emergency
depaftment;
THAT a copy of this resolution be senf to all small, rural and noilhem Municipalities in he Province of Ontario for
suppott; and futther,
THAT the Ontaño Ombudsman and Auditor General are so notified of this action as well as all oher appropñate
person and localMembers of Parliament.
Canied.,
Sincerely,
Stephane Thiffeault,
(A) General Manager, Gorporate Services
County Clerk
:cc Andrew Taylor, (A) General Manager
Public Health Services Division
DISCIAIMER
This matenàl ís províded under contract as a paid seruice by the originating organization and does not necessarily
reflect the view or positions of the Assocíatíon of Municipal¡t¡es of Ontario (AMO), its subsidiary companíes, offrcers,
directors oragents.
Cøing* çrowing * Innwatioe
Copy of resolution passed October 7, 2009 by the County of L...
Page 32 of 179
5
File Number ACS2009-COS-PV/S-002 I
3 November 2009
The Council of the City of Ottawa, at its meeting of 28 October 2009, adopted the following resolution:
WHEREAS the Province of Ontario's Highway Trøffrc Act,RS.O. 1990, is a consolidated statute governing traffic regulations;
A¡lD WIIEREAS Section 12S(1Xa) establishes a default speed limit (without signs) by providing that no person shall drive a
motor vehicle at a rate of lreater than 50 kn/h on a highway ryithin a local municipality or within a built-up area;
AND WHEREAS legislation does not allow municipalities in Ontario the right to create and apply an unsigned default city-
wide speed limit of other than 50 krn/h;
AND \VHEREAS legislation does allow municipalities in Ontario to establish speed limits other than the Provincial default
speed limit through a by-law, provided that those municipal speed limits are signed in accordance with existing requirements;
AND WEEREAS the City of Ottawa would like the ability to set its own unsigned default speed limit on local roads in
residential communities;
AND WHEREAS it is anticipated that other municipalities in Ontario may be experiencing similar issues now or in the future;
AND WHEREAS there are benefits to having a co-ordinated approach to the Ministry of Transportation of Ontario asking for
legislation to ¡llow Ontario municipalities to set their own unsigned default speed timit on local roads in residential
communities;
THE¡¡B¡OR¡ BE IT RESOLVED that City Council ¡pprove the following:
(1) That the City of Ottawa ask municipalities in Ontario with a population over 50,000 and the Association of
Municipalities of Ontario for their support for an amendment to the Híghway Trat/ìc.,{cf, RS.O. 1990 to permit
municipalities, on local roads in residential communities:
(a) to set their own default speed limits (unsigned); or
(b) in the alternative, to set alternative default speed limits with limited signage (gateway signs) at the entrances
to these residential communities;
Ø That municþalities in Ontario who support the request as shown in (1) respond, via Council resolution, to the City of
Ottawa by 28 February 2010; and
(3) That following the receþt of responses from municipalities in Ontario, staff petition the Ministry of Transportation of
Ontario for amendments to Híghway Tralfrc Act as shown in (1) and report back to Council on progress made on this
issue by the end of Q2 2010.
City of Ottawa
I l0 l¿urier Avenue
Ottawa, ON
KIP lJI
Attention: Dawn Whelan, Council Coordinator
Telephone: 5 80 -2424, Ext. 21837
¡¿ssimile: 580-9609
E-mail: dawn.whelan@ottawa.ca
DISCIAIMER
This malerial is provr:ded under contÊct as a paid seruice by the originat¡ng organizat¡on and does not necessarily reflecl Íhe view or positions of lhe
Associalion of Municþalities of Ontario (AMO), its subs¡diary companie$ offrcers, directorc or agents.
Copy of resolution passed by the City of Ottawa regarding "d...
Page 33 of 179
Page 34 of 179
200 University Ave, Suite 801
Toronto, ON M5H 3Co
Tel.: (416) 971-9856 | Fax (416) 971-6191
E-mail: amo@amo.on.ca
ALERT No: 09/076MEMBER COMMUNICATION
To the attention of the Clerk and Council
November 3, 2009
FOR MORE INFORMATION GONTACT:
Milena Avramovic, AMO Senior Policy Advisor
(416) 971-9856 ext342
l-
nil
HJJ
{
Gonsultation on Blue Box Ghanges
lssue:
Please attend the Waste Diversion Ontario (WDO) workshop/webcast to consult on draft
recommendations being developed for submission to the Minister of the Environment. The
consultation willfocus on issues related to:
o Greater consistency of pr¡nted papers and packaging collected in Ontario's Blue Box
Programs; ando Recommending a process to identify and address the types of printed papers and
packaging that pose operat¡onal or materials management problems in Ontario Blue
Box Programs.
Background:
WDO has been directed by the Minister of the Environment to undertake this consultation
and to prepare recommendations on the cons¡stency of printed papers and packaging
collected in the Blue Box system. The Minister also requested a process to identify and
address Blue Box Program operational or materials management problems for submission
to the Minister of the Environment by February 28,2010 in response to a request from the
Minister received on August 14,2009. WDO's invitation to the consultation can be viewed
by clickinq here.
Date: Tuesday, November 24Time: 1 p.m.to approximately 4:30 p.m.
Location: Salons C and D
Marriott Toronto Downtown Eaton Centre Hotel
525 Bay Street, Toronto, Ontario
Registration
Please reoister to attend the workshop in person or online by webcast at the WDO website.
Additional information such as how to log into the webcast will be sent to registrants closer
to the date of the workshop.
This information is available in the Policy /ssues section of the AMO website at www.amo.on.ca.
1-1 uun¡c¡par¡âl:î?äi?:-'i ^Ho
Correspondence dated November 3 and 6, 2009 from Association...
Page 35 of 179
MEMBER GOMMUNICATION
200 University Ave, Suite 801
Toronto, ON MsH 3C6
Tel.: (416)971-9856 | Fax: (416) 971-6191
E-mail: amo@amo.on.c€r
ALERT No: 09/077
l-ffi
HJJ
<(
To the attention of the cterk and council FoR MoRE INFoRMAnoN GoNrAGr:
November 3, 2ooe älTB #Ï:ðrt"."'
Good Government B¡ll Gontains Minor Changes for Municipalities
Issue:
Bill 212, introduced on October 27 ,2009, proposes a multitude of changes to various
statues. Below is a highlight of some of the changes which affect municipalities.
Quick Summary:
o Municipal Elections
Please see Alert Ogl72 for more details on these changes.
AMO Contact: Matthew Wilson ext. 323.
. Fine Revenue
The Bill would amend the Provincial Offences Act and Municipal Act to improve the
processes for pleas, trials and payment of fines. The amendments would allow
municipalities to recover the amount of a defaulted POA fine through property taxes and to
recover collection agency costs without approval of the Attorney General. The changes in
the Bill reflect changes that have been promoted by the sector.
AMO Contact: Darcy Higgins ext. 315.
o Property Tax
The Bill would streamline the Assessment Act andthe Municipal Act by deleting deadlines
on a municipality's ability to make tax policy decisions regarding classes of real property and
deadlines to make tax policy bylaws and therefore seek ministerial approval for relief from
the deadlines.
AMO Contact: Matthew Wilson ext. 323.
u un¡c¡par¡îl:îîäi"J"l,i ^llo
l-3
Correspondence dated November 3 and 6, 2009 from Association...
Page 36 of 179
. Plann¡ng
Minor changes to the Planning Acf will add flexibility to Committee of Adjustment minor
variance applications, clarity to the use of Cash-in-lieu of Parkland dedication funds
and will add condominium approval authority to those municipalities in the North that
currently have subdivision approval delegation authority.
AMO Contact: Milena Avramovic ext. 342.
. Clean Water Act
The Bifl re-enacts section 36 of the Clean Water Acf authorizing the Minister to designate
parts of a Source Protection Plan and Assessment Report for review and sets out
requirements for the preparation of terms of reference for a review. lt also amends section
108 to ensure that municipal councils can appoint members to Conservation Authorities if a
regulation is made designating municipalities as part of Conservation Authorities for the
purposes of the Acf.
AMO Contact: Craig Reíd ext.334.
o Ontario Heritage Act
The Biff amends the Ontario Herítage Actto clarify that grants and loans made under the Acf
to the owners of designed properties does not constitute "bonusing" as defined by the
Municipal Act. lt also contains other changes which provides for modern options to
communicate with property owners and members of the public, including internet
communications.
AMO Contact: Petra Wolfbeiss ext. 329.
A copy of the Good Government Bill is linked here. (Please note that the Bill is 288 pages
and may take some time to download.)
Association of
^Llo
Municipalities of Ontario
l-rr
l'JJJ
{
2-3
Correspondence dated November 3 and 6, 2009 from Association...
Page 37 of 179
This information is available in the Policy lssues section of the AMO website at
www.amo.on.ca.l-E
E¡J
{
Association of
^h{O
Municipalities of Ontario
3-3
Correspondence dated November 3 and 6, 2009 from Association...
Page 38 of 179
MEMBER COMMUNICATION Fyr No:0e-0r7
200 University Ave, Suite 801
Toronto, ON MsH 3C6
Tel.: (416) 971-9856 | Fax (416) 971-6191
E-mail: amo@amo.on.G¡
Ë
tL
To the attention of the Clerk and Council FoR MoRE lNFoRMArloN coNrAcr:
November 6, 20oe z1!"í#,1t-tJ33i,1"Jiïâo'o"',
Presumptive Legislation for Volunteer and Part-time Firefighters
lssue:
On November 5, 2009, the Provincial government announced that it is moving to pass a
regulation that will extend presumptive provisions to volunteer and part-time firefìghters and
fire investigators for specific health conditions attributed to firefighting. Cunently, these
presumptions apply only to full-time firefighters in Ontario.
Background:
On May 3,2007, the Workplace Safety and Insurance Act was changed to provide full-time
municipat fire service employees compensation for certain cancers types of cancer or heart
damage suffered within 24 hours of responding to an emergency that is presumed to be the
result of his or her employment in the municipal fire service. The government will now add a
regulation that will extend this compensation to allfirefighters and fire investigators.
More than 150 municipalities submitted resolutions endorsing the extension of the
legislation's presumptive provisions to volunteer and part-time firefighters. AMO supported
the extension of compensation to volunteer and part-time firefighters as a matter of equity.
Ontario has about 1 1,000 full-time firefighters, 19,000 volunteer firefighters and 22O part-time
firefighters. Forty-six fire investigators from the Office of the Ontario Fire Marshal are on
active duty.
Action:
For information
This information is available in the Polícy /ssues section of the AMO website at
www.amo.on.ca.
M un¡c¡pariä::îîäii:.'i aìlo1-1
Correspondence dated November 3 and 6, 2009 from Association...
Page 39 of 179
Page 40 of 179
5
Coc
BAYHAM HISTORICAL SOCIEY
MT]NICIPALITY OF BAYHAM
P.O. BOX 160, STRAFFORDVILLE, ON. NOJ 1Y0
ocroBER 8, 2009.
PRESENT: Donna Baldwin, Bill Baldwin. Barb Ouellette, Corþ Ouellette,
Marion Maddox, Ray Maddox, Robert Heil, Bob Graham, Etoile Mc Cann, Arvilla
Beckett, Harris Teall, Liz BalI, Dorotþ Godby, Tom Godby, K.C. Emerson, Ed
Ketchabaw, Ron Phillips, Mary E. Newland, Cheryl Peters and Lynn Acre.
President Ray Maddox called the meeting to order at 7:30 PM, welcoming
members and quests.
A motion to accept the minutes of September 10, 2009 was made by Bob Graham,
2"u.By Robert Heil. Motion carried.
GIIEST SPEAKER : Robert Heil introduced V/. Brother Ron Phillips the 135 th.
Master of the Vienna Lodge, W. Brother Ed Ketchabaw, secretary and RT. Wor.
Brother K.C. Emerson, Past District Deputy Grand Master of Wilson District.
Ed Ketchabaw wore the apron of Cyril Bowes circa l92l a Mason who donated it
to the Vienna Lodge for their meetings.
Robert met with the Emerson brothers, K.C. And Don to discuss Masonic history
and take pictures of the Vienna Lodge 237.
Free Masons are not a religion of religious behavior, each worships in their own
faith. It is an opporhrnity for men to meet with other men of like ideas and
brotherly love. In the middle ages Masons built Abby's and Castles.
To be a member one must be 2I years old, believe in a supreme being and after
being accepted will seek harmony, reverence, kindness, companionship and
honesty as well as share in Masonic duties.
July 26, 1870 the Masons met in the Temperance Hall and on August 13 Vienna
Lodge was started. Some of the names of Masons are Teall, Peatree, Clutton and
Emerson just to name a few.
Robert Heil presented a copy of the book he has compiled of pictures and old
records from the Lodge. Vienna Lodge 237 to V/. Bro. Ron Phillips for
preservation of their Lodge in the Municipality of Bayham.. Robert is a member of
the Bayham Historical Society and a Past Master of Talbot Lodge 546 in St.
Thomas.
Bayham Historical Society draft minutes of meeting held Octo...
Page 41 of 179
Then W. Bro. Ron Phillips, Worshipful Master of Vienna Lodge No. 237
presented Ray Maddox, president of the Bsyham Historical Society with a copy of
the Early History of Vienna Lodge No. 237 for the Society's collection.
Some members over the years are well know such as Roy Rogers, Buffalo Bill
Cody, Aurthur Godfrey, Red Skelton,. Steve Peters, John Wise and when the
space mission went to the moon 2 Masons were aboard.
Ray Maddox thanked Robert Heil and his fellow Masons for the very interesting
history of the Mason and presented Robert with a copy of the Vienna Historical
Highlights.
PRESIDENT'S REPORT AND MUSET]MS BAYIIAM REPORT: RAY
Maddox reported on the meeting of the Edison Museum Building Committee, the
Architects have done a greatjob of updating the plans for the new Museum for the
grant process to continue.
Ray suggests that we consider what we should do with the Corinth Section House
Shed, where to move it and whether to put siding on it.He is looking for ideas as to
what direction we should go.
Ray also reported that we will be having an election of executive officers in the
new year and the office of President will be open as he has been president for three
yeffs the time allowed for in our mandate for each President.
SECRETARY'S REPORT: Cheryl Peters reported that she has more forms for
the BayhamCltizen of the Year and members can fill them out and return them to
the Municipal Office.
Cheryl also reported that the Edison Museum's Murder Mystery is on November
2ft. and there are still tickets available. The Architects will attend and have
enlargements of the new museum concept for all to see.
TREASURERS REPORT:Robert Heil reported as follows.
Checking -52448.04
Motion ó u...pt the treasurers report was made by Robert Heil, 2"u. By Donna
Baldwin. Motion carried.
TEA REPORT: Barb Ouellette reported that the tea preparations are coming
along well and anyone who would like to help set up and clean up afterwards are
welcome. 'We need cookies and squares from any members who wish to supply
them. V/e will hold the tea at the Community of Christ Church on the corner of
Cullodin Road and Eden Line, near Corinth.
Bayham Historical Society draft minutes of meeting held Octo...
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PROGRAM DIRECTOR: Cheryl asked if members would like her to find out if
Robin Barker James is available to speak at our November meeting and if so we
would have to pay him a fee.
A motion to pãy Robin Barker James a fee was made by Mary Newland,z"u.By
Arvilla Beckett. Morion carried.
ROBIN BARKER JAMES WILL BE OUR SPEAKER ON NOVEMBER 12,
2009. HE WILL TALK ABOUT THE ROYAL CANADIAN NAVY IN V/ORLD
WAR2.
ADVERTISING DIRECTOR: Donna Baldwin reported that both the Aylmer
and Tillsonburg papers carried our article.
SOCIAL DIRECTOR: Mary Newland reported that Arvilla Beckett will help her
with the refreshments for November.
MYSTERY OBJECTi The first object was a and was guessed by
everyone, the second object was a purse ashtray. Etoile Mc Cann guessed it first.
ITIEXT MEETING: The next meeting will be on November 12ú. 2009 at 7:30
PM. At the Municipality of Bayham Office.
CLOSE MEETING: A motion to close the meeting was made by Bob Graham,
By Corþ Ouellette. Motion carried.
Bayham Historical Society draft minutes of meeting held Octo...
Page 43 of 179
Page 44 of 179
5
co6
MUSEUMS BAYIIAM
Minutes of November 11,2009 Meeting
Committee Room, Municipal Oflice, Straffordville, Ontario
Present: Chair-Bev Hicke¡ Vice Chair- Chuck Buchanan, Secretary-Mayor Lynn Acre,
Cheryl Peters, Jean'Woon, Brian Masschaele, Ron Bradfield, Mat Schafer, Ray Maddox
Regrets:
1. CALL TO ORDER: Chairman called the meeting to order at 7:03 pm
2. DECLARATION OF PECIINIARY INTEREST: None
3. AGENDA: was approved as presented.
4. MINUTES: It was moved by L.Acre and seconded by J.'Woon that the minutes of
the Oct.21. 2009 meeting be approved as written. Motion Carried.
5. CORRESPONDENCE:
Elgin County Museum Annual Report: L.Acre read the annual report noting the many
partnering initiatives the County Museum has taken during 2009.
6. MATTERS OUT OF THE MINUTES:
A) Marine Museum Report:
6.4.1) Flags: L.Acre obtainedboth Canadian & Provincial flags to rqtlace
the worn ones. B.Hickey & C.Buchanan put up the flags, which were later
"borrowed" bymunicipal stafffor use at the Cenotaph during the
Remembrance Day service Nov. 8, 2009. R.Maddox raised a question
regarding the correct protocol for Canadian flags. Specifically, îta
Canadian flags supposed to be lowered each evening, like American flags?
Also what is the correct grouping order when Canadian, Provincial and
American flags are flown together? B.Masschaele suggested that the
Canadian flag should always be in the middle but advised checking on the
website of the Department of Canadian Heritage for confirmation.
6.A.2) Surplus compressor: Has been removed by R.Bradfield.
6.4.3) Signage Plaque for Storage Shed: C.Buchanan has yet to prqlare
a description of the Lister Air Compressor on display so that B.Hickey
can order a plaque with this description.
6.A.4) Quote for Replacement Steel Door: Ed Matthews' quote to
supply and install steel door at $634.00. Painters Choice quote to supply
and install a steel door with push bar was $2,073.00. It was moved by
B.Masschaele and seconded by C.Peters that Ed Matthews' quote to
supply and install a steel door for $634.60 be accepted pending
meets museum standards and that a push bar be added to the quoted price.
Motion Carried.
Museums Bayham draft minutes of meeting held November 11, 20...
Page 45 of 179
Museums Bayham
Nov.11,2009
Page2
6.8. Edison Museum Report:
6.8.1) Repairs to Outside Trim: B.Hickey agreed to contact either
Nathan Dawley or Jim Hagel to do the repairs.
6.8.2) Restoration of Lap Desk: J.Woon has yet to contact Mary
Gladwin for a quote to restore the lap desk.
6.8.3) Repairs to East Porch: Shingling of roof has been completed but
still needs a liner for the underside of porch roof. Also the concrete step is
cracked causing a tripping hazard. An overgrown bush is crowding the
concrete step and should be removed. An old, un-used gas line is
protruding from the ground on the NÆ side and should be removed
pending approval from the gas company.
6.8.4) Murder Mystery & Silent Auction: Saturday Nov.21, 2009.
Caterer's deadline for ticket count is Nov.16. Donations are still needed
for the Silent Auction. J.Woon brought copies of promotional renderings
and proposed floor plan drawings of the new Edison Museum building to
be displayed at the Murder Mystery and all other fundraisers. Total cost
for these materials was $300.
7. NEW BUISNESS
A: County wide Cultural Mapping project: B.Masschaele reported that he and a
newlyhired project staffvisited the Marine Museum last week to review our collection
for the cultural mapping project. This federally funded project will plot all of the cultural
assets in the county. This report will allow Elgin Tourism to group cultural experiences
and promote them more efficiently. A draft "terms of references" has been established for
approval. Community consultation events are being planned. Applications for provincial
funding to extend this project have been made.
B: Chart paper for the Thermo-hydrograph: B.Masschaele noticed during his
visit to the Marine Museum, that we need more charts for the thermo-hydrograph. The
existing ones have been used over and over. C.Peters noted that the Edison Museum also
needed more paper sleeves to protect the phonograph records. It was moved by J.Woon
invoices be sent to the Municipality of Ba)'ham. Motion Ca:ried.
C: Digitat Reader for Thermo-hydrograph: B.Masschaele suggested that at some
point Museums Bayham would need to consider purchasing a digital reader which costs
only $250 rather than the $1,000 price for another thermo-hydrogaph. B.Masschaele
volunteered to investigate options of equipment to service both sites and to bring this
information to the next meeting. It was noted that the optimal temperature for museum
artefacts is 20 degrees Celsius and the relative humidity should be 50%.
D: Scarborough Map Fundraising Idea: Clerk L.Millard, as directed by Bayham
Council, asked Museums Bayham members to consider reproducing the 1910 restored
Scarborough map. Copies could be sold at the International Plowing Match in 2010 with
Museums Bayham draft minutes of meeting held November 11, 20...
Page 46 of 179
Museums Bayham
November 11,2009
Page 3
proceeds going into the Building fund for the new museum. After viewing the restored
map hanging in the council chambers, members agreed that it was a great idea in
princþle, but wanted to confirm if and where these maps would be allowed to be sold
during the IPM. There a¡e strict rules regarding sale of merchandise at the IPM. They
would not be allowed for sale within the County's Antique & Historical Tent. The
County Archives plan to publish a local historybook for sale but are unsure of where and
if they will be allowed to sell the copies. If not allowed to sell copies, it was suggested
that a map could be put on display and orders taken instead. After more discussion, the
committee decided not to proceed until a second quote from Sportsworld could be
obtained as well as confirmation from Mike Baker that the maps could be sold at the
IPM.
E: Young Canada'Works student: This funding has allowed Museums Bayham to
hire Carloyn Krahn to work weekends until Dec.30 to continue with cataloguing, assist
with brochure development and give tours of the Edison Museum prior to the Murder
Mystery.
F: Addition to Marine Museum: R.Bradfield suggested that the committee give
some thought to adding a 40' X35' addition onto the back of the Marine Museum for use
as extra storage or display space. There is enough property there to accommodate such an
addition. The Port Burwell Historical Society is a potential source to fund this
construction. It was agreed to consider this suggestion at the January 2010 meeting.
G: Accessibitity Training: Museums Bayham committee members are encouraged
to attend a ûee training session on Nov.24 at7:00 pm at the Bayham office.
8. NEXT MEETING: 'Wednesday December 9,2009 at 7:00 pm @ Bayham Municipal
Office, Straffordville, Ontario. The Chair will provide coffee and donuts.
9. ADJOURNMENT: Moved by M.Schafer that the meeting be adjourned at 8:50 p.m.
Chairmaû Secretary
Museums Bayham draft minutes of meeting held November 11, 20...
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Page 48 of 179
Elgin County OPP Media Release dated November 13, 2009 regar...
Page 49 of 179
Elgin County OPP Media Release dated November 13, 2009 regar...
Page 50 of 179
Elgin County OPP Media Release dated November 13, 2009 regar...
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Elgin County OPP Media Release dated November 13, 2009 regar...
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From : County of Elgin [mailto : Cou nty-of-Elgin@ma il.vresp.com]
Sent: Wednesday, November 11, 2009 9:31AM
To: Sandra Maeftens
Subject Elgin County Ambasador E-Blast, November 2009 â\(" c-rtf
ElglnCauntlr
Elgin County Ambassador Program Launch Event
Date: Tuesday, December 1,2009
Time: 5:30 p.m. - 7:00 p.m.
Location: New Sarum Diner, 46230 New Sarum Line, St.Thomas
Join the County's Economic Development Office for ûre official unveiling of the new Elgin County Ambassador Program. You are invited to meet
our newest Ambassadors, hear our special guest speaker, enjoy tasty appetizers and sign up to become an Elgin County Ambassador.
RSVP to Kathryn Russell by Tuesday, November 24, 2009, at krussell@elgin-county.on.ca or call (519) 631-1460 ext. 168.
To leam more about the Elgin County Ambassador Program and register to become a member in advance go to
htto://www. prooressivebynature.com/Elqi nCou ntv/EDT/a m bassador. asox.
Sincerely,
Alan Smith
Deputy Director of Community and Cultural Services,
Economic Development and Tourism
flË Outi"s and Responsibilities T e"r"rds and Recognition
I Benefits T e""oming an Ambassador
Eligibilty
Resources
ff neSistration
{} contact
Invitation from the County of Elgin regarding "Elgin County ...
Page 53 of 179
lf you no longer wish to receive these emails, please reply to this message with 'Unsubscdbe' in the subJect line or simply click on
the following link Uqþsiþe
450 Sunset Drive
St. Thomas ON N5R 5V1
Phonq 519 63'l-1,160 ext. 168
Far 519 69'l-4549
Read the \¡ertbalResponse mafketing policy,
Invitation from the County of Elgin regarding "Elgin County ...
Page 54 of 179
5
MEDIA RELEASE
Release Date: November 4, 2009
Sand Plains Gommunity Development Fund
T=^ Ò-l
Tillsonburg, ON - The South Central Ontario Region (SCOR) is pleased to announce that the
Government of Canada has recently launched the Sand Plains Community Development Fund, a
$15 M application-based program to assist rural communities in the tobaccegrowing region known
as the Sand Plains to transition to a non-tobacco based economy. Funding will be targeted to
community-based initiatives that support regional development, attract and retain people and
investment, and stimulate business development and job creation in the five counties of Brant,
Elgin, Middlesex, Norfolk and Oxford.
The Fund has two separate components: Community Development Support and Access to Capital.
The Community Development Support component provides non-repayable contributions to not-for-
profit projects designed to explore and develop new and sustainable community and regional
development opportunities. The goal is to enhance regional capacity to generate and support
diverse economic development activities in order to achieve a sustainable, prosperous and diverse
economy driven by innovation.
The goal of the Access to Capital component is to foster entrepreneurship in the region by
increasing the availability of patient capital for small business start-ups and expansions in priority
sectors. Patient capital provides flexible repayment terms negotiated to encourage the long-term
viability of the borrower, amortized over 5 to 10 years at an interest rate return at or below
conventional lending rates.
"SCOR is pleased to see that the vision and objectives identified through the development of our
strategic plan, The Path Forward, have been integrated into the program's design" says SCOR
Chair Dennis Travale, "and we believe that this will support SCOR"s vision of creating a rural
economic powerhouse."
ïVe encourage private businesses and not-for-profit organizations that are taking on the challenge
of renewing our economy to review the program and to consider submitting an application", he
adds, "it is only through innovation and entrepreneurship that our ruraleconomies will be
successful in meeting the economic challenges of today and tomorrow.'
For more information on this program, please visit www.sandplains.ca.
Media Release dated November 4, 2009 from South Central Onta...
Page 55 of 179
ABOUT SCOR
SCOR is a partnership of the five Counties of Brant, Elgln, Middlesex, Norfolk and Oxford whose
founding and continuing focus remains the economies of the rural and small urban areas of the
traditionaltobacco production region -'the Sand Plain'.
The partnership recognizes that a regional approach to economic development is important to
improving the vitality and sustainability of our communities. By working together, the partners can
harness the region's potential and become a rural economic powerhouse in Ontario and Canada.
Additional information, including a copy of The Path Forward, can be found at
www.scorreoion.com.
-30-
Media Contacts: Dennis Travale, Chair, SCOR Executive Committee
Phone: (519) 426-5870 ert.1220
Stephen Molnar, Vice Chair, SCOR Executive Committee
Phone : (519) 842-6428 ext. 3234
Media Release dated November 4, 2009 from South Central Onta...
Page 56 of 179
MEDIA RELEASE
Release Date: November 4, 2009
SCOR Partners Adopt Strategic Management Plan
Tillsonburg, ON - The South Central Ontario Region (SCOR) is pleased to announce the approval
its long-range Strategic Management Plan, The Path Forward, by all of the SCOR County Partners;
namely, the County Councils of Brant, Elgin, Middlesex, Norfolk and Oxford.
The Path Forward is a long term strategy for the region that has been developed to assist in the
diversification of the regional economy by focusing on 15 priorities that will:
{ Respond to the challenges of economic change and decline being experienced throughout
the region;{ Strategically invest in people, businesses, communities and infrastructure vitalto the
diversification of the regional economy;r' Bring an estimated investment of $760M from public sources into the regional economy
with approximately $700M going to public infrastructure;r' Attract matching private investment;{ Create an estimated 15,500 jobs across the region within five years; and,,/ Become a model of rural economic revital2ation demonstrating ways to sustain and expand
agriculture while adding and expanding complementary rural and urban economic activity.
The Path Forward was developed with the assistance of volunteers from across the region and the
SCOR Executive Committee wishes to thank the more than 100 community leaders who
contributed to the development of the strategy.
SCOR has also been seeking ways to address our ability to sustain implementation of the strategy
and the Executive Committee has endorsed a resolution to incorporate SCOR as a not-for-profit
agency. The SCOR Partners have also endorsed this recommendation and have confirmed their
ongoing commitment to the partnership.
SCOR is also undertaking a multi-year analysis of the funding required to support the
implementation of the strategy and will be seeking support from senior levels of government for
implementation of its 15 Priorities for Action.
Media Release dated November 4, 2009 from South Central Onta...
Page 57 of 179
ABOUT SCOR
SCOR is a partnership of the five Counties of Brant, Elgin, Middlesex, Norfolk and Oxford whose
founding and continuing focus remains the economies of the rural and small urban areas of the
traditionaltobacco production region -'the Sand Plain'.
The partnership recognizes that a regional approach to economic development is important to
improving the vitality and sustainability of our communities. By working together, the partners can
harness the region's potential and become a rural economic powerhouse in Ontario and Canada.
Additional information, including a copy of The Path Forward, can be found at
wl Iw.SCOrreqton.com.
-30-
Media Contacts: Dennis Travale, Chair, SCOR Executive Committee
Phone: (519) 426-5870 ert.1220
Stephen Molnar, Vice Chair, SCOR Executive Committee
Phone : (51 9) 8/2-6428 ext. 3234
Media Release dated November 4, 2009 from South Central Onta...
Page 58 of 179
L__)
Long Point Region Conservation Authority
RR#3, Simcoe, ON N3Y 4K2 . Tel: (519) 428-4623 . Fax: (519) 428-1520
E-mail : conservation @ lprca.on.ca . Web Site : www. lprca.on.ca
File: 3.9.9
Municipality of Bayham
9344 Plank Rd
P.O. Box 160
Staffordville, ON
NOJ IYO
November 5'h,2009
RE: Long Point Region High Water Use Designation
â\þ
c-Cl2.c\Ê
Dear Mayor and Council,
On October 7th,2009 the Long Point Region Conservation Authority (LPRCA) Board of
Directors passed the following motion:
That the LPRCA Board of Directors supports the removaUreduction of the high water-use
designation in the LPRCA watershed and sub-watersheds based on the Long Point Region
Integrated Water Budget and Long Point Region Tier 2 Water Quantity Stress
Assessments);
AND that LPRCA staff write a letter to the Ministry of the Environment (MOE), with a cc
to all municipal partners impacted by the designation, supporting the removaUreduction of
the high water-use designation in the LPRCA sub-watersheds based on advancement of the
existing science surrounding the designation.
Please see attached for a copy of the letter that was sent to Mr. Carl Slater with the Ontario
Ministry of the Environment on Octob er 22nd , 2009 . Should you have any questions, comments
or concerns, please do not hesitate to contact Cliff Evanitski, LPRCA General Manager at
cevanitski@lprca. on. ca or 5 19 -428 -4623 ext. 225 .
Sincerely,
Heather Surette
Manager, Watershed Services
rñe
6î{iît¡'ð
Correspondence dated November 5, 2009 from Long Point Region...
Page 59 of 179
Long Point Region Conservation Authority
File 3.9.9
October 22,2009
Mr. Carl Slater
Ministry of the Environment
'West Central Region
119 King Street'W., 12th Floor
Hamilton, Ontario
L8P 4Y7
RE: Long Point Region High Use Watershed Designation
Dear Mr. Slater:
In 2005, under Ontario Regulation 387104 (V/ater Taking Regulation), the entirety of the Long Point
Region Conservation Authority's (LPRCA) watershed was designated as being within a high use tertiary
watershed based on a preliminary, regional assessment. At that time, it was recommended that the
information used to create the Summer Low Flow and Average Annual Flow maps in the Regulation be
updated as enhanced streamflow and water use data became available. Specifically, it stated that water
budgets prepared for the Source'Water Protection Assessment Reports would provide more detailed and
more reliable analyses of water availability.
Ln2009, the peer-reviewed Long Point Region, Catfish Creek and Kettle Creek Tier 2 Water Quantity
Stress Assessment and the Long Point Region, Kettle Creek and Catfish Creek Integrated'Water Budget
reports were completed by AquaResource Inc. on behalf of the Lake Erie Source Protection Region.
These reports build upon and supersede the previous work used to develop the High Use Watershed
designation, providing a more detailed and rigorous evaluation of water supply and demand throughout
the area. A subsequent presentation to MOE staff on August 12th,2009 provided an overview of the
report for use in future decision making by MOE staff, including in the review of the existing High Use
'Watershed desi gnation.
Long Point Region Conservation Authority supports the Ministry of Environment's cuttent review of the
high use watershed designation, and looks forward to a timely response in the mattet. The LPRCA's
Board of Directors also supports the removal/reduction of the high water use designation in the LPRCA
sub-watersheds, based on the advancement of the existing science surrounding the designation.
I
Sloat
Ínan, Long Point Region Conservation Authority
@
conseryation
O NTARI O
Correspondence dated November 5, 2009 from Long Point Region...
Page 60 of 179
lùoù s loq -'-ãooq - 5)ì
COUNry COUNCIL
Tuesday, September 15, 2009
fr/b
The Elgin County Council met this day at the Administration Building, at 9:02 a'm., in
accordãnce with adjournment, with all members present except Sylvia Hofhuis (ill).
Warden Wanruick in the Chair.
Moved by Councillor MclntYre
Seconded by Councillor Habkirk
THAT the minutes of the meeting held on July 28, 2009 be adopted.
- Carried.
DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF -
None.
PRESENTATIONS
Warden Warwick presented a certificate and gift to Suzanne Edwards to recognize her
retirement from the County of Elgin afÍer 21 years of service.
Warden Warwick also noted the retirements of Marjorie Jackson after 27 years of service,
Nora Parish, 31 years of service and Arthur skinner, 19 years of service.
DELEGATIONS:
Respite Bed Allocations:
Julie Girard of South West LHIN, MaryLynn Priestap and Sandra Coleman of the
Community Care Access Centre attended at 9:11 a.m. to discuss the respite bed situation
in Elgin County. Ms. Girard noted that respite beds offer a place for home caregivers to
placã loved ones for a short stay which provides temporary relief for the home caregiver.
Às a result of their presentation both South West LHIN and CCAC recommended a
redistribution of the beds currently in place in Elgin County homes. This recommendation
would result in the reduction of one secure bed at Bobier Villa, the increase of one secure
bed at Elgin Manor and preferably the addition of two private beds or male and female
semi-private, non-secure beds at Terrace Lodge'
Moved by Councillor Habkirk
Seconded by Councillor Wilson
THAT the information provided by south west LHIN be received and filed.
- Carried.
Warden Warwick thanked the delegation for their remarks and noted he was encouraged to
see South West LHIN taking rural areas into account to accommodate the situation' The
delegation left at 9:23 a.m.
Elgin Elder Abuse Resource Committee:
Shirley Biro, Chair of the Education Committee of Elgin Elder Abuse Resource Committee
attended atg:24 a.m. Ms. Biro explained the Committee's commitment to work together
to combat Elder Abuse through public education, training of service providers, the pulling
together of experts on challeñging cases and education through the press. The^average.of
thóse suffering from elder abuée is in the range of 4 to 10% of adults. ln Elgin County this
means that 1Zbg older adults are subject to abuse each year. Elgin Elder Abuse has a
senior support worker paid through the Trillium grant and New Horizons grant. The
delegation'wanted County Counıil to be aware of the fact that elder abuse is an issue in
Elgin County and that there is a local elder abuse number available. All calls are
Elgin County Council minutes of meeting held September 15, 2...
Page 61 of 179
County Council September 15, 2009
anonymous and confidential. The delegation would also like County Council to consider,
in future planning, what role they may play towards this Committee's support worker.
CCAC also spoke about their role and partnership with the Elgin Elder Abuse Resource
Committee.
Moved by Councillor Marks
Seconded by Councillor Acre
THAT the information provided by the Elgin Elder Abuse Resource Committee be received
and filed.
- Carried.
The Warden thanked the delegation for their attendance and the delegation left at 9:36 a.m.
Bryce Sibbick of Frank Cowan attended at 9:36 a.m. to discuss municipal liability
insurance. Mr. Sibbick noted that awards for injuries have increased dramatically across
the province but that Elgin's claims experience was comparatively better than many others.
Mr. Sibbick provided an overview of the insurance coverage that the County of Elgin
currently has. Council discussed the merits of tendering versus the current policy which
utilizes a renewal option within defined parameters. The Chief Administrative Officer noted
that Council always maintains the option to tender as it must approve the premium each
year.
Moved by Councillor Wilson
Seconded by Councillor Marks
THAT Frank Cowan lnsurance Company be selected to provide General lnsurance and
Risk Management Program commencing November 15, 2009 to November 14,2010 at
their proposed annual premium of $251,934 plus applicable taxes, with an option to renew
up to including an additional 1 year term provided that the premium increase does not
exceed 10% of the previous years' insurance program, exclusive of any program changes;
and,
THAT the Warden and the Chief Administrative Officer be directed and authorízed to enter
into an agreement for the Provision of General lnsurance and Risk Management Program.
- Carried.
Warden Wanruick thanked the delegation, and he left at 9:53 a.m.
Council took a break at 9:54 a.m. and reconvened at 10:28 a.m.
Lauren Millier, Millier Dickson Blais lnc. and Anya Codack, Yfactor lnc. attended at 10:30
a.m. to present the Tourism Development Strategy and Marketing Plan.
Moved by Councillor Marks
Seconded by Councillor Mennill
THAT County Councilendorse the "Tourism Development Strategy and Marketing Plan" as
presented in the September 1"t, 2009 report; and,
THAT those recommendations from the "Tourism Development Strategy and Marketing
Plan" that have financial and/or resource implications for the County of Elgin be considered
through County Council's budgetary process.
- Carried Unanimously.
Warden Wan¡¡ick thanked the delegation and they left at 10:55 a.m.
Moved by Councillor Mclntyre
Seconded by Councillor Vowel
THAT we do now move into Committee Of The Whole Council.
- Carried
Elgin County Council minutes of meeting held September 15, 2...
Page 62 of 179
' County Council 3 September 15' 2009
. REPORTS
Moved by Councillor Marks
Seconded by Councillor Wilson
THAT the services of Yfactor lnc. be retained for the purposes of re-developing the County
of Elgin's website for tourism services at an initial fee of $50,000 with funds drawn from the
Government of Canada's Community Adjustment Fund; and,
THAT the County Solicitor be authorized to develop a contract renewable on an annual
basis with Yfactór lnc. addressing provisions such as cancellation clauses, ownership of
information and migration costs.
- Carried UnanimouslY.
Moved by Councillor Acre
Seconded by Councillor MclntYre
THAT the annual report on activities of Tillsonburg Memorial Hospital presented by
Councillor Acre be received and filed.
- Carried.
Moved by Councillor Marks
Seconded by Councillor Wilson
THAT the annual report on activities of St. Thomas-Elgin Public Art Centre be received
and filed.
- Carried.
Warden's Banquet - Gouncillor Marks & Gouncillor Mennill
Moved by Councillor Mennill
Seconded by Councillor Marks
THAT the annual Warden's Banquet be held at the Elgin lnternational Club in Rodney on
Friday, November 6, 2009, with the social hour beginning at 5:30 p.m. and the Banquet
commencing at 6:30 p.m.; and,
THAT the charge for each purchased ticket be set at $20.00 to cover the cost of the meal,
taxes and gratuities; and further,
THAT County Councillors and Officíals dress in standard Council attire.
- Carried.
Elqin-St. Thomas Public Health - Gouncillor Wilson
Warden Warwick requested total staffÌng numbers and said staffs titles/roles. Councillor
Wilson agreed to provide the information requested.
Moved by Councillor Wilson
Seconded by Councillor Habkirk
THAT the annual report on activities of Elgin-St. Thomas Public Health Unit presented by
Councillor Wilson be received and filed.
- Carried.
Elgin County Council minutes of meeting held September 15, 2...
Page 63 of 179
County Council 4 September 15' 2009
Gultural Services
Moved by Councillor Marks
Seconded by Councillor Vowel
THAT the Warden and Chief Administrative Officer be authorized to enter into a funding
agreement with the Government of Canada under the Community Adjustment Fund with a
federal contribution of $245,000; and,
THAT the Warden issue a letter of appreciation to the federal Minister of lndustry and MP
Joe Preston.
- Carried.
Moved by Councillor Mclntyre
Seconded by Councillor Acre
THAT the County of Elgin provides an upset limit of $1,000 to be drawn from the Economic
Development budget to support "An Evening of Trash Talkin"' as described in the August 31'¡
report.
- Carried.
and Cultural Services
Moved by Councillor Marks
Seconded by Councillor Wilson
THAT the Elgin County Council Policies Manual be updated to eliminate any restrictions on
travel outside the Province of Ontario; and,
THAT staff receive the approval of the Chief Administrative Officer to attend any meetíngs or
convention outside the Province of Ontario; and,
THAT staff bring an annual report to Council in November of each year beginning in 2010
summarizing staff and Council attendance at meetings and conventions outside the Province
of Ontario; and,
THAT in those rare and exceptional occasions where travel and/or attendance has the
potential to exceed amounts allocated in the County's annual operating budget, such travel
and/or attendance be approved by County Council prior to proceeding.
- Carried Unanimously.
Moved by Councillor Vowel
Seconded by Councillor Mclntyre
THAT Council hereby supports an application to the lnfrastructure Stimulus Fund for Not-for-
Profit Entities in Ontario on behalf of the Elgin County Library in the amount of $780,000 to
renovate the offices of the Elgin County Library and expand climate-controlled storage for the
Elgin County Archives; and,
THAT the County's contribution of $260,000 towards this project be drawn from Archives
Reserve and the 2010 capital budget.
- Carried.
Elgin County Council minutes of meeting held September 15, 2...
Page 64 of 179
' County Counc¡l 5 September'ts' 2009
Gultural Services
Moved by Councillor Acre
Seconded by Councillor Mennill
THAT County Council hereby supports membership of the Elgin County Library in the Library
Services Centre (LSC); and,
THAT a letter requesting membership be issued by the Warden on behalf of Council; and,
THAT the Director of Community and Cultural Services or staff designate be hereby
authorized to act as the Elgin County Library's delegate to LSC.
- Carried.
Chanqe of Thursdav Hours - Port Burwell Librarv - Director of Gommunitv and
Gultural Services
Moved by Councillor Acre
Seconded by Councillor Mclntyre
THAT the hours of operation at the Fred Bodsworth Public Library of Port Bun¡rell be
adjusted by one additionalhour,2:30 p.m. to 8:00 p.m. effective October 1't,2009.
- Carried.
Emerald Ash Borer (EABI Update - Tree Gommissioner
Moved by Councillor Marks
Seconded by Councillor Wílson
THAT a letter of concern be written to The Canadian Food lnspection Agency (CFIA) and to
the Federal Minister of Agriculture with regard to lack of consultation on changes to the
Emerald Ash Borer (EAB) policy; and,
THAT to include in the letter questions with regard to CFIA's change in EAB policy and
question what resources are now available to control the spread of EAB within Elgin County;
and,
THAT the request be made that Senior CFIA Staff attend a meeting of Elgin County Council
to explain the rationale behind changes to EAB regulations.
- Carried.
Policv 10.130 - Emplovee Recoqnition - Human Resources Assistant
Moved by Councillor Acre
Seconded by Councillor Habkirk
THAT the removal of the gift from the brochure in Human Resources Policy 1 0.1 30 -
Employee Recognition be approved.
- Carried.
Services
Discussion of the various options and which is the best for the circumstances took place.
Elgin County Council minutes of meeting held September 15, 2...
Page 65 of 179
countycounc¡l6Septemberls'2oog
Moved by Councilor Marks
Seconded by Councilor Wilson
THAT Option 3 (Removal of asphalt shingles and replace with a metal roof system,
including roof ventilation and asphalt paper underlay) is adopted fo¡ tlre replacement of the
asphaftéhingles at Terrace Lodge at an estimated cost of $290,000.00, using the capital
budget and reserves as required.
- Carried.
Services
Moved by Councilor Acre
Seconded by Councilor Habkirk
THAT staff may award the tender for Guide Rail installation and Culvert Lining so long as
the County's Purchasing Policy is followed, lowest tenders are selected and within budget
allocations.
- Carried.
Enqineerinq Services
Moved by Councillor Habkirk
Seconded by Councillor Mclntyre
THAT a by-law be prepared to designate the signing authorities and to authorize the
execution of the ISF Contribution Agreement with the Province of Ontario.
- Carried.
Moved by Councillor Mennill
Seconded by Councillor Wilson
THAT the report "Ambulance Vehicle Purchase" dated August25,20Og be deferred to
enable Ambulance Services to comment on the options as between gasoline and diesel
engines.
- Carried.
CORRESPONDENCE
Items for Gonsideration
1. Suzanne Strasber, MD, President, Ontario MedicalAssociation seekíng Council's
support for provincial legislation that would require caloric labeling on menus at chain
restaurants and school cafeterias.
2. Pamela Malott, CAO, Town of Amherstburg, with a resolution requesting the provincial
government to continue consultation with Municipalities and the Solar lndustry to reach
a fair property assessment valuation method.
3. Anne Kenny, Elgin Community Futures Development Corporation inviting County.
Council and Senior Staff to a Funding Partners Dinner on Thursday, October 22no.
4. Sylvía Hofhuis, Mayor of the Municipality of Gentral Elgin requesting a leave of absence.
Elgin County Council minutes of meeting held September 15, 2...
Page 66 of 179
' County Council September 15,2009
The following recommendations were adopted respecting Correspondence ltems #1 - 4:
Moved by Councillor Habkirk
Seconded by Councillor Mclntyre
THAT the Corporation of the County of Elgin supports the Ontario Medical Association in
their ínitiative for the provincial government to introduce new legislation that would require
caloric labeling on menus at chain restaurants and school cafeterias across the province.
and,
THAT the Corporation of the County of Elgin supports the resolution from the Town of
Amherstburg petitioning the provincial government to continue consultations with
Municipalities and the Solar lndustry to reach a fair property assessment valuation method.
and,
THAT the Corporation of the County of Elgin acknowledges the invitation to County Council
and Senior Staff to a Elgin Community Futures Development Corporation Funding Partners
Dinner.
and,
THAT the Corporation of the County of Elgin accepts Mayor Sylvia Hofhuis's request for a
leave of absence for an undisclosed length of time due to health reasons.
- Carried.
Items for lnformation lGonsent Aqenda)
1. Hon. Leona Dombrowsky, Minister of Agriculture, Food and RuralAffairs
acknowledgíng Council's resolution supporting the funding and implementation of an
Alternative Land Use Services (ALUS) program.
2. Dennis Travale, Chair, SCOR Executive Committee with 3'd quarterly update on
SCOR activities.
3. Thank you card from the family of Norval "Bud" Preston.
4. Thank you card from the family of Janet Buchan (Elgin Manor).
5. James Mclntyre, Mayor, Township of Southwold, thanking J-AAR Excavating Ltd. for
rescheduling Talbot Line road work during Rosy Rhubarb weekend.
6. Pat Palmer, Secretary, Elgin 4H Association thanking County Council for their annual
donation.
7. Devern Chmarney, Secretary/Manager, Aylmer & East Elgin Agricultural Society
thanking County Council for their continuing sponsorship of the Aylmer Fair.
8. Hon. John Gerretsen, Minister of the Environment acknowledging Gouncil's
resolutíon with regard to the proposed 550 metre minimum setback for wind turbines.
9. Bernie Corbett, Chairman, Haldimand County Disaster Relief Committee thanking
the County of Elgin for the $250.00 contribution to their relief effort.
10. Jim Weir, Project Manager, Morrison Hershfield Limited, requesting comments or concerns
regarding West Lorne Service Centre and Dutton Service Centre Redevelopment Project
until Seplember 29th, 2009.
11. Hon. Jim Watson, Minister of Municipal Affairs and Housing with an update on the
Provincial-Municipal Fiscal and Service Delivery Review.
12. Article from September/October 2009 issue of Municipal Monitor titled Regional
Municipalíty of Durham and the County of Elgin - lntermunicipal Partnership -
Collection of Provincial Offences Act Defaulted Fines.
Elgin County Council minutes of meeting held September 15, 2...
Page 67 of 179
County Council I September 15, 2009
13. United Way of Elgin-St. Thomas 2009 Campaign Kick-off & Ch¡li Cook-off information.
14. Hon. Deb Matthews, M.P.P., Minister of Children and Youth Services, speaking at St.
Thomas Seniors Centre -Wednesday, October 14th on Ontario's Poverty Reduction
Strategy.
15. Michael Garrett, Chair, Board of Directors, Ontario Clean Water Agency, announcing
staffing changes.
Moved by Councillor Habkirk
Seconded by Councillor Marks
THAT Correspondence ltems #1 - 15 be received and filed.
- Carried.
OTHER BUSINESS
Statements/lnquiries bv Members
A discussion took place, initiated by Councillor Mclntyre, regarding why the County has
discontinued coordinating training for personnel involved in road maintenance? The
Deputy Director of Engineering Services provided background and rationale to the
satisfaction of Council, noting that the Association of Road Superintendents provides a
host of training programs which can be specifically tailored to individual municipal
requirements at a reasonable cost.
Notice of Motion - None.
Matters of Urqencv
Councillor Wilson noted he has received many calls from upset parents of students from rural
and urban areas for bus routes that have been changed this school year by the Thames
Valley District School Board. Council agreed to discuss this item as a matter of urgency.
Moved by Councillor Wilson
Seconded by Councillor Acre
WHEREAS the safe and reliable transportation of students throughout Elgin County is a
major concern for all citizens; and,
WHEREAS a myriad of problems and concerns have been brought to the attention of locally
elected representatives and municipal officials; and,
WHEREAS there is a sense of urgency to rectify these potentially unsafe and inconvenient
situations presently occurring throughout Elgin's catchment area;
NOW THEREFORE BE lT RESOLVED that the Council of the County of Elgin hereby
strongly encourages the Thames Valley District School Board Trustees and administration to
address these very troubling and potentially dangerous situations as expeditiously as
possible.
- Carried Unanimously.
Council took a break at 12:34 p.m. and reconvened at 1:20 p.m.
Moved by Councillor Vowel
Seconded by Councillor Habkirk
THAT we do proceed in a Closed Meeting at 12:35 p.m. in accordance with the Municipal
Act, in regards to; Section 240.2 (b) personal matters about an ídentifiable índividual,
including municipal or local board employees - Appointments to Outside Boards.
- Carried.
Elgin County Council minutes of meeting held September 15, 2...
Page 68 of 179
. County Council I September 15, 2009
, Moved by Councillor Habkirk
Seconded by Councillor Mclntyre
THAT we do now rise without reporting.
- Carried.
Moved by Councillor Acre
Seconded by Councillor Mennill
THAT we do adopt the recommendations of the Committee Of The Whole Council.
- Carried.
BY.LAWS
Moved by Councillor Wilson
Seconded by Councillor Mennill
THAT By-Law No. 09-25 "Being a By-Law to Authorize the Gounty of Elgin to Enter a
Funding Agreement with Her Majesty the Queen in Right of Ontario, as represented by the
Minister of MunicípalAffairs and Housing, respecting the lnfrastructure Stimulus Fund
(lSF)" be read a first, second and third time and finally passed.
- Carried.
Moved by Councillor Wilson
Seconded by Councillor Habkirk
THAT By-Law No. 09-26 "Being a By-Law to Confirm the Proceedings of the Municipal
Council of the Corporation of the County of Elgin at the September 15, 2009 Meeting" be
read a first, second and third time and finally passed.
- Carried.
Moved by Councillor Mclntyre
Seconded by Councillor Wilson
THAT we do now adjourn at 1:54 p.m. to meet again on October 20,2009 at 9:00 a.m.
- Carried.
Mark G. McDonald,
Chief Administrative Officer.
Graham Wanruick,
Warden.
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1
CORPORATION OF THE MUNICIPALITY OF BAYHAM
STAFF REPORT
TO: Mayor & Members of Council
FROM: Gerry LeMay, Manager Public Works
SUBJECT: Ontario Tire Stewardship
DATE: November 19,2009
FILE: áo -l
'
NUMBERIPW 2009-24
Purpose
This report will advise Council of the discussions held with Aylmer Tire regarding the Ontario Tire
Stewardship and elimination of tires left through out the municipality
Background
The Ontario Tire Stewardship Program allows residents to dispose of any extra tires they may have
either truck tires, car tires, or any farm implement tires. The theory behind the program, implemented
by the Ministry of Environment, is to divert 90Yo scrap road tires and 50Yo scrap off road tires in the
first five (5) years of the program. Funds for the program will be provided by a fee system collected
by the Ontario Tire Stewardship from the tire brand owners and the first importers.
Staff Comments
The Manager of Public Works has made arrangements with Mr. Michael Summers of Aylmer Tire to
participate in this program. Mr. Summers business is an approved depot and presently we have
placed an advertisement in the local papers advising residents of Bayham when they can dispose of
four (4) tires and also stating if they have a greater amount of tires they can call Aylmer Tire to
arange for the disposal of the tires at Aylmer Tires convenience. The disposal of the tires is free to
the residents of Bayham. A copy of the advertisement is attached. Goal #2 (Ensure reliable, well
maintained and secure infrastructure) subsection 3 we have meet this parameter of the priorities with
this By-Law ensure a standard system for the Municipal roadways.
Attachments
l. Advertisement from newspapers for the Ontario Tire Stewardship/Aylmer Tire
Strategic Plan Goal(s)
1. Goal #2 - Ensure reliable, well maintained and secure infrastructure
Recommendation
THAT report PW 2009-24 be received for information.
Respectfully submitted,
-<';--\I..-' /,(
Gerry LeMay, Manager Public Works
Staff Report PW2009-24 regarding Ontario Tire Stewardship. ...
Page 95 of 179
Ontario Tire
Stewardship Program
Tire Recycling
Bayham residents shall be allowed to deposit four (4)
tires per week at Aylmer Tire - 572 Talbot St. East,
Aylmer, Ontario for free under The Ontario Tire
Stewardship Program.
Aylmer Tire's Hours of Operation:
Monday to Friday 8am - 5p-,
Saturday 8am- l2noon
If you have alarger amount of tires to dispose of
please contact Aylmer Tire @773- 3l4l to inquire as
to the disposal of the larger amount.
This program is a joint effort involving Aylmer Tire,
The Ontario Tire Stewardship Program, The Province
of Ontario and The Municipality of Bayham.
Staff Report PW2009-24 regarding Ontario Tire Stewardship. ...
Page 96 of 179
fThis form must be submitted to Council at least 6 weeks nrior to eventl
Name of Organization Making Request -
-PORT
BURWELL-OTTER VALLEY
OPTIMIST CLUB
Name of Special Event - PORT BURIVELL SANTA CLAUS PARADE
Date of Special Event - _DECEMBER 5TH,2009
Start-time of Event - 6:30 PM Finish - 7:00 PM
Route - (Also provide mapl STARTS AT LEGION, ALONG WELLINTON
STREET TO ROBTNSON, ALONG ROBTNSON TO PrrT
Specific Request @oad Closure, Traffic Control etc.) - SIDE STREETS ALONG
PARADE ROUTE
Maximum Number of people expected to attend - _300
Any Special Needs -
Applicant Organization's Authorized Member Name -DEB TRAVIS OR PAUL
VYSE & Signature
Municþal Representative Signature -
Ontario Provincial Police
42696 Jobn Wise Line
R.R. # 5
St. Thomas, Ontario N5P 3S9
Phone: 519-63I-2920
Fax: 519-63I-2923
Cell: 519-878-6029
Elgin-St. Thomas EMS
DutyManager
Fax: 519-637-3484
Phone: 519-637-3098
Tillsonburg Fire Dispatch
80 Concession Street East
Tillsonburg, ON N4G - 428
Phone: 519-842-2905 (non-emergency #)
Fax: 519-842-2190
Central Ambulance Communications Centre
l5l0 Woodcock Street, Suite #20
London, ON N6H 5S1
Phone: 519-661-1784 Fax: 519-661-1799
Event Road Closure Request Form from Port Burwell Otter Vall...
Page 97 of 179
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orks Manager
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7661
Chief
ONNOJ 1YO
Fax: 866-3884
File: Forms/ EventN tice-Road Close
Event Road Closure Request Form from Port Burwell Otter Vall...
Page 98 of 179
Municipality of Bayham
Building Permits
For The Month of October 2009
D¡tes Nov42-2009
File:Pl0
No.Date Roll #Permit
Holder
Property Descrlptlon Bulldlng
Type
Value Permit
Fee
Septic /Sewer
Fee111l-Oct )-007-0,t600 Qyq!, Gerhard 53363 Talbot Line install mnhile hnmc fnr caoo^-al fa* l.-l-20.000 75.0(lt2 2-Oct 0-006-10410 Fehr. Frank 56280 Eden Line :onstruct one storev work shoo 24l2so ft 65.000 I 185-0(113 8-Oct 2-001-04400 Wilson, Thomas 12 Victoria Street ionshuct two storey addition 784so ft to house 20.000 484.0(tt4 8-Oct 0-006-r 041 0 Fehr. Frank 5628O Edm I-ine rcnsüuct one sûorq/ house Vatt garage 496gsq ft 400-00(2465.0(350.0(115 l3-Oct 0-008-r 1502 Dykxhoorn, Rov i3797 Cnltnn T.ine ldd new roofsystem to existins house ó-00c 123.0(116 l3-Oct 2,001-50700 Shea, Earl 5 LibbveAve :onsfruct trl,o storey cottase l308sa ft 175-00(757.0(350.0(tt7 l4-Oct 2-001-32401 Veen, Jim 18 Wellineton Stre€t )onstruct carport to side ofexisting house 450sq ft 3-50C 75.0C118l5-Oct )-002-00100 Grightmire, Janet i026 Plank Road :eplace existing seDtic system 6.00(350.0(119 l9-Oct +-001-19503 Peters, Peter 36 Cenhe Steet construct two storey house ilatt ga¡ase 284lso ft 175.00(1487_0(175.0(120 2l-Oct )-005-03602 Breier, Hans 10260 Somers Road constn¡ct detached earage 9l2sq ft 20-00(285.0(l2l 27-Oc¡)-002-12001 Loewen. John i4986 Calrnn I-ine conskuct one storey modular home l475so ft I10.00(754.0(350.0(122 27-Oct )-005-08200 Evanitski. Cliff i4499 Best T.ine demoli h barn & construcl pole barn l920so ft 25.00(517.0(L23 28-Oct )-005-12010 Vallaeys. Anita 1370 Culloden Rned constnrct one store,y house datt sarase 25rt4so ft 160.00(1355-0(350-0(124 28-Oct ¿-001-27600 Dravson. Robert !0 Brock St demolish re4r addition, add new addition l020so ft 100.00(679.O(
Dctober-09 1.285500 10.241.00 1925.0(
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CORPORATION OF THE MT]I\ICIPALITY OF BAYHAM
STATT'REPORT
TO: Mayor & Members of Council
FROM: P. Groeneveld, Fire ChieflCEMC
SUBJECT: Animal Contol By-law
DATE: November 5,2009
FILE: Pl6
NUMBER: P2009-006
Purpose
Present adraftAnimal Control ByJaw for consideration by Council.
Background
In October 2008 Council instructed staff develop an animal control by-law to regulate the keeping of
animals in the municipalþ.
Municipal Scan
Staffconducted a survey of other municipalities to analyse the level of animal control in neighbouring
municipalities and larger municipalities.
Appendix "4" provides an overyiew of regulations for the control of animals in surveyed municipalities.
Municipal By-laws
As part of the municipality's Strategic Plan staff commenced a regulatory review of existing by-laws. Søff
noted the following By-laws pertaining to animal control:
Township of Bayham By-low #I125 (December 4, 1944)
. Pound keeper andpound fees
. Prohibition to permit running at large of livestock and poultry
Lillage of Vienna By-latv #691 (June 3, 1971)
. Permitted keeping of livestock and domestic fowl providing the owner erected a fence to keep animals
from running at large
. Other imposed conditions to facilitate removal of waste, draining of standing water and condition of
buildings used to harbour such animals
Village of Port Burwell ByJaw #94-09 (þril 12, 1994)
. Prohibited of keeping a horse, cow, mule, donkey, pony, sheep, goat or swine
. Prohibited ofkeeping chicken, goose, turkey, duck and domestic fowl
. Permitted keeping of homing pigeons (20 winter,40 summer)
. Permitted keeping of five or less cats, guinea pigs, hamster, mouse, rat, rabbit, chinchilla, ferrets or
turtle
. Permitted the keeping of two or less non-venomous snakes, lizards and spiders
Staff Report P2009-006 regarding Animal Control By-law. (def...
Page 101 of 179
Animal Control By-law Municipality of Bayham
. Permitted the keeping of five or less birds
. Prohibited keeping of wild or non-domesticated animals
. Provision to permit keeping of prohibited animals and fowl if person was legally keeping such animal at
time of passing of By-law
Municipality of Bayham ByJøw #99-82
Inl999 the Municipality of Bayham enacted By-law #99-82 to prohibit and regulate the keeping of exotic
animals in the municipalþ.
StaffComments
Staffhas received and investigated anumber of complaints regarding the raising of livestock within the
mtrnicipality, including urban areas. Livestock has included goats, an exotic snake and chickens.
The municipalþ has a small number of residents located within the urban boundaries (Official Plan) of the
municipality who have been harbouring livestock for a considerable amount of time.
Some municipalities are considering or have implemented by-laws to permit the harbouring of specific
animals (e.g. chickens (hens) in urban areas). Staff suggests there is a greater percentage of municipalities
prohibiting livestock in urban areas than those who permit such activity.
Staff has received correspondence from residents supporting and opposing the harbouring of livestock in
urban areas of the municipality.
Staff conducted research into the pros and cons of raising livestock in an urban environment. Staffattached
reports from the Region of Waterloo Public Health Unit and Residential Urban Chicken Keeping: An
Examination of 25 Cities.
Staff contacted OMAFRA to ascertain if they could offer information to the pros and cons of urban
livestock. Staff has not received a response to date.
The Elgin-St. Thomas Health Unit has indicated they would have concerns about livestock in urban areas.
The Health Unit has specific concerns around the threat of communicable disease, the management of
manure and slaughtering of animals. A further discussion with the Health Unit has not been pursued at this
time.
Proposed By-law 2009-071
Staff reviewed a number of other municipal animal control by-laws to determine which animals are
commonly regulated within urban areas. Staffdrafted the proposed by-law based on the intent of the
Village of Port Burwell ByJaw, other municipal by-laws and Council's direction.
Staff drafted the attached By-law with input from the municipality's legal advisor.
The proposed By-law regulates:
. All animals except cats and dogs. Dogs are currently regulated under a separate By-law.
. Permits existing animals harboured in urban areas to be harboured until removed from the property
or the animal has lived out its life, providing the owner registers such animals with the municipalþ
by December 31, 2009.
Staff Report P2009-006 regarding Animal Control By-law. (def...
Page 102 of 179
Animal Control By-law Municipality of Bayham
Includes provisions for meeting the requirements for the Accessibilityþr Ontariqns with
Disabilities Act, 2005.
Incorporates the existing regulations for exotic animals.
Options
1. Enact proposed By-law 2009-071, being a By-law to Regulate and Control Animals, in the
Municipality of Bayham.
Direct staffto conduct further analysis and surueys of other municipal animal control bylaws
to permit specifïc types of animals to be harboured in urban areas of the municipality as
approved by Council.
No action at this time.
Strategic Goals
Goal#4 - Be dedicated to service excellence.
Recommendation
"TIIAT staffreport #P2009-006 regarding Animal Control ByJaw be received;
AND THAT By-Law No. 2009-0071 being a Bylaw to Regulate and Control Animals be presented to
Council for enactment.tt
2.
3.
Staff Report P2009-006 regarding Animal Control By-law. (def...
Page 103 of 179
Appendix A - Municipal Survey - Animal Control Regulations
Municipality Regulating
Bv-Law Brief Overview
Tillsonburg, Town of Yes -Animal
Prohibits cows, goats, all swine and sheep, and wild animals. Permits horses, donkey
and mules on property with proper zoning (e.g. fair grounds). Permits other animals
including fowl, snakes, birds and domesticated animals (e.g. hamster) to a maximum
of two per residence. Permits homing pigeons to maximum of twenty-four.
Niagara Falls, City of Yes -Animal
Permits chickens (max. 10 after July 2005), rabbits (max. 6 after July 2005), exotic
animals (restrictions apply)
Brampton, City of Yes - Animal
Prohibits all animals except, rabbit pigeon, game fowl and domestic fowl providing
owner is registered with a recognized club or orgartization (e.g. Canadian Union of
Racing Clubs, Brampton and Peel County Poultry, Pigeon and Pet Stock Association,
Ontario Poultry Confederation).
London, City of Yes - Animal
Prohibits wild and exotic animals, chicken, goose, turkey, duck and domestic fowl,
horse, donkey, goat, cow, pig, sheep and pony. Permits pigeons to a maximum of 60
in the summer. Permits a maximum of two domestic pets (e.g. cats, guinea pig),
snakes, and domestic birds.
Aylmer, Town of Yes - Animal
Prohibits the keeping of bees, horse, cow, donkey, mule, pig, goat, sheep, goose,
turkey, chicken, duck, snake, reptile, cougar, fox, wolf, skunk, raccoon or wild
animal. Permits domestic fowl or livestock on lands where keeping of same is a
permitted use in Plaruring Act.
Norwich, Township of Yes - Zoning Permits the keeping of two livestock units consisting of either horses or beef animals
in urban areas. All other animals prohibited.
Central Elgin,
Municipality of Yes - Zonng
Prohibits residential land being used for keeping of bees, horses, cow, donkey, mule
pig, goat, sheep, goose, turkey, chicken, duck, pigeon, rabbit, snake, reptile, cougar,
fox, wolf, skunk, raccoon or wild animal.
Norfolk County Yes - Zoning Prohibits animals in residential areas.
Malahide, Township
of Yes - Zoning Prohibits livestock in residential areas.
Southwest Oxford,
Township of Yes - Animal Currently permits in residential area. In the process of changing By-laws to prohibit
in residential areas.
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THE CORPORATION OF
THE MUNICIPALITY OF BAYHAM
BY-LAW 2009471
Being a By-Iaw to Regulate and Control Animals
\ilHEREAS Section 11, ofthe Municipal Act, S.O. 2001,c.25, as amended, authorizes local
municipalities to pass by-laws respecting matters with Health and Safety and wellbeing of persons and
matters respecting animals;
AND \ilHEREAS the Council of The Corporation of the Municipality of Bayham deems it desirable to
pass a by-law regulating or prohibiting the being at large or trespassing of animals, provide for the
seizure and impounding of animals being at large or trespassing contrary to the by'law and for the sale
of impounded animals;
NOW THEREFORE, the Council of The Corporation of the Municipality of Bayham enacts as
follows:
SHORT TITLE:
This ByJaw may be cited as the "Animal Control By-laf'.
Part 1
1 DEFINITIONS:
Inthis By-law,
1.1 "Animal" means any member of the animal kingdom other than a human, but does not include
dogs, cats or fish;
1.2 "By-law Enforcement Officer" means an offrcer or designate, who is appointed by Council and
whose duties include the enforcement of this By-law;
1.3 "Corporation" shall mean The Corporation of the Municipality of Bayham;
1.4 "Council" shall mean the Council of The Corporation of the Municipalþ of Bayham;
1.5 "Dwelling Unit" shall mean a single room or series of rooms of complementary use which are
located in a building in which food preparation, eating, living, sleeping and sanitary facilities are
provided for the exclusive use of the occupants thereof; which has a private entrance directly
from outside the building or from a common hallway or stairway inside the building; and in
which all occupants have access to all the habitable areas and facilities of the unit.
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Animal Control By-law Municipality of Bayham
1.6 "Keep" shall mean owns, possesses or harbours; and "keeps" shall have the same meaning.
1.7 "Owner" includes a person who keeps, possesses or harbours an animal and where the owner is
a minor, the person responsible for the custody of the minor;
1.8 (Pet Shop' shall mean an establishment engaged in the retail sales of animals.
1.9 "Pet Shopkeeper" shall mean a person who has the charge, care or ownership of a pet shop.
1.10 "Premises" includes the entire lot on which a single dwelling unit is situate; or a dwelling unit
within a multi-dwelling unit building, but does not include coÍlmon areas adjacent to a multi-
dwelling unit unless those common areas are completely enclosed.
1.11 '(Schedules' means the schedules attached to this byJaw which may be amended, added to or
deleted from time-to-time and which Schedules shall form part of this by-law;
l.l2 *Service or companion animal" means an animal is a service animal for a person with a
disability(a) if it is a guide dog as defined in section lof the Blind Persons Rights'Act.(b) if it is readily apparent that the animal is used by the person for reasons relating to his or
her disability; or(c) if the person provides a letter from a physician or nurse confirming that the person
requires the animal for reasons relating to the disability. (Accessibility for Ontarians with
Disabilities Act, 2005 - O. Reg. 429/7 ss4(8) e.e))
1.13 "Urban Areat'means any lands designated as "Hamlet" shown on Schedule 41, and lands
within the boundaries as shown on Schedules B, C and D of the Official Plan of the Corporation
of the Municipality of Bayham.
Part2
2 Classes of Animals
Animals shall be ranked according to the classes set out in this Part of this By-law.
2.1 "Class I animal" shall mean cow, goat, all swine and sheep;
2.2 "Class 2 atrjrmal" shall mean horse, pony, donkey and mule;
2.3 "Class 3 animal" shall mean chicken, goose, turkey, duck, pigeons or other fowl, domestic or
otherwise;
2.4 "Class 4 animal" shall mean homing, pouter, racing or tumbler pigeons;
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Animal Control By-law Municipality of Bayham
2.5 "Class 5 animal" shall mean guinea pig, hamster, mouse, rat, rabbit, chinchilla, ferrets and turtle
with a shell20 centimeters (8 inches) in diameter or less;
2.6 "Class 6 animal" shall mean non-venomous snakes, non-venomous lizards and non-venomous
spiders;
2.7 "Class 7 animal" shall mean any animal of a type that is normally found in a wild and natural
state, whether or not it has been bred and/or raised in captivity and includes but is not limited to
bear, wolf, coyote, crocodile, alligator, bobcat, lynx, mountain lion, cougar, lion, monkey, fox,
skunk, kangaroo, eagle, hawk, elephant, weasel, raccoon, venomous lizatd, venomous snake,
venomous spider, all birds the keeping of which is prohibited in the Endangered Species Act,
S.O. 2007, C.6, and regulations thereto and all animals the keeping of which is prohibited in the
Fish and Wildlife Conservation Act,1997 and regulations thereto.
Part 3
3 Application of By-law Exemptions
3.1 This By-law shall not apply to an animal hospital, clinic or boarding kennel operated by a duly
qualified veterinarian, where all animals are kept within a brick, stone or concrete building.
3.2 This By-law shall not apply to animals maintained in a public park, zoo, fair, exhibition or circus
operated or licensed by a municipal or other government authority.
3.3 This By-law shall not apply to those persons or organizations designated by Council as Animal
Control Officer, Canine Control Officer and/or Pound Keeper.
3.4 This ByJaw shall not apply to persons licensed by the Province of Ontario as a Wildlife
Custodian and/or Foster Pa¡ent for orphaned animals such as squirrels, chipmunks, raccoons,
opossums, skunks, ground hogs and small birds, excluding hawks and eagles.
3.5 The right to keep, harbour or possess a prohibited animal pursuant to this provision expires when
the said animal dies or is removed from the premises.
3.6 Section 3.5 shall only apply to a prohibited animal pursuant to this By-law providing the owner
registers the prohibited animal with the Municipality on or before December 31,2009.
3.7 This ByJaw shall not apply to owners of a Service or Companion Animal.
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Animal Control By-law Municipality of Bayham
Part4
4 Prohibited Matters
4.1 No person shall permit an animal to run at large.
4.2 No person shall permit any animal to trespass on any property.
4.3 Notwithstanding any of the provisions of this byJaw, no person shall keep any animal, the
keeping of which is not permitted under any statute of Ontario or Canada.
4.4 No pet shopkeeper shall keep or permit to be kept in any pet shop, an animal of a class, the
keeping of which is prohibited by the byJaw.
Part 5
5 Class 1 Animal (cow, goat, all swine and sheep)
5.1 No person shall keep a Class I animal within an Urban Area of the Municipality of Bayham.
Part 6
6 Class 2 Animal (horse, pony, donkey and mule)
6.1 No person shall keep a Class 2 antmal within an Urban Area of the Municipality of Bayham.
PartT
7 Class 3 Animal (chicken, goose, turkey, duck, or other fowl domestic or otherwise)
6.1 No person shall keep a Class 3 animal within an Urban Area of the Municipalþ of Bayham.
Part 8
8 Class 4 Animal (homing, pouter, racing or tumbler pigeons)
8.1 No owner of a Class 4 animal shall keep more than forff (a0) banded Class 4 animals on a
premise located in an Urban Area of the Municipality of Bayham between October of one year
and March of the following year.
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Animal Control ByJaw Municipality of Bayham
8.2 No owner of a Class 4 animal shall keep more than sixty (60) banded Class 4 animals on a
premise located in an Urban Area of the Municipality of Bayham between April and October of
any year.
8.3 No owner shall keep more than two (2) unbanded Class 4 animals at any time.
8.4 Except as otherwise provided in this ByJaw all Class 4 animals kept within the municipal
bounda¡ies of the Municipality of Bayham shall be confined to abuilding, structure, coop,loft,
pen or run which shall meet the requirements set out in sections 8.5 to 8.14 of this Part.
8.5 Every building, structure, coop, loft, pen or run in which Class 4 animals are kept shall have a
height of not less than 1.5 meters and a floor area of not less than 1.25 square metres for each
pair of pigeons therein.
8.6 Every building, structure, coop, loft, pen or run in which Class 4 animals are kept shall have
adequate ventilation having regard to the number of pigeons kept therein.
8.7 Every building, structure, coop, loft, pen or run in which Class 4 animals are kept shall have a
clear space between the ground and the underside of the floor of not less than 30 centimetres.
8.8 Every building, structure, coop, loft, pen or run in which Class 4 animals are kept shall have a
floor with a surface which is impervious to moisture.
8.9 Every building, structure, coop, loft, pen or run in which Class 4 animals are kept shall be
maintained by regular painting of the exterior or by permanent siding, and all loft equipment
shall be kept under cover.
8.10 Every building, structure, coop, loft, pen or run in which Class 4 animals are kept shall be
located a minimum of twelve (12) metres from any school, church, public hall, store, dwelling or
premises used for human habitation, other than premises occupied exclusively by the owner or
keeper of such animals or members of his/her immediate family.
8.11 Every building, structure, coop, loft, pen or n¡n in which Class 4 animals are kept shall be
located a minimum of three (3) metres from the boundary line between the owner's property and
all adjacent property.
8.12 Every owner keeping Class 4 animals shall lime-wash, paint or disinfect the inside walls and
ceilings of all buildings, structures, lofts, pens, coops or runs, (other than an outside run enclosed
only with wire), at least twice ayear.
8.13 Every owner keeping Class 4 animals shall remove and dispose of in a sanitary manner at least
twice each week, all pigeon droppings, refuse and dropped or scattered feed within or adjacent to
all such buildings, structures, coops, lofts, pens or runs, including outside runs enclosed only
with wire, provided, however, that this regulation shall not apply when below fteezing
temperatures prevent removal and disposal.
8.14 Every owner keeping Class 4 animals shall store all feed in rodent-proof containers.
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Animal Control By-law Municipality of Bayham
8.15 Every owner keeping Class 4 animals shall take all reasonable measures to prevent such animals
from trespassing on any land, except as otherwise provided in this By-law.
8.16 Class 4 animals shall be kept enclosed at all times, except during a maximum of two flight
periods daily, when no more than half the total number of animals of the class being kept by any
one owner shall be at large at any one time and such flights shall be governed by the regulations
set out in sections 8.17 to 8.19 of this Part.
8.17 During the period from April I to September 30 of any year, all flights shall take place before
9:00 o'clock in the morning or after 5:00 o'clock in the afternoon.
8.18 During the period from October I of one year to March 31 of the following year, all flights shall
take place before 10:00 o'clock in the morning or after 3:00 o'clock in the aftemoon.
8.19 All flights shall take place under the supervision of the owner of such animal or a competent
person on his behalf.
8.20 When a bona fide flight is conducted by an organization recognized by a Council resolution, the
regulations set out in sections 8.16 to 8.19 of this Part do not apply.
8.21 In this Part the term "flight" shall mean an animal under this Part is airborne and the distance of
travel exceeds the boundary of the property where the animal is kept, harboured or possessed.
Part 9
9 Class 5 Animal (guinea pig, hamster, mouse, rat, rabbit, chinchilla, ferrets and turtle with a shell
20 centimeters (8 inches) in diameter or less)
9.1 No owner shall keep more than two (2) Class 5 animals in an urban area in the Municipality of
Bayham.
9.2 The new born or young of any Class 5 animal may be kept for a period not exceeding two (2)
months after birth.
9.3 No owner shall keep a turtle with a shell larger than 20 centimetres (8 inches) in diameter within
an Urban Area of the municipality.
Part 10
10 Class 6 Animal (non-venomous snakes, non-venomous lizards and non-venomous spiders)
l0.l No owner shall keep more than two (2) Class 6 animals in an urban area in the Municipality of
Bayham.
10
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Animal Control Bylaw Municipalþ of Bayham
10.2 No owner shall keep a non-venomous snake that exceeds on overall length of 60.96 centimetres
(24 inches).
10.3 No owner shall keep a non-venomous lizardthat exceeds an overall length of 30.48 centimetres
(12 inches).
Part 11
11 Class 7 Animal (bear, wolf, lion, bobcat, cougar, tiger, lynx, ocelot, wildcat, pum4 crocodile,
alligator, venomous snake, constricting snake, venomous lizard,venomous spider)
I l.l No owner shall keep a Class 7 animal within the Municipality of Bayham.
Part 12
12 Enforcement
72.1 In the event of any conflict between the provisions of this By-law and any other general or
special bylaw, the provisions of this By-law shall prevail.
12.2 For the pqpose of this By-law, the ByJaw Enforcement Officer may enter onto any public property
or may enter onto any private property and into the structures thereon with the consent ofthe owner
or occupant.
12.3 The ByJaw Enforcement Officer may commence a proceeding in Provincial Offences Court by
filing a Certificate of Offence or Information/Summons.
12.4 It is decla¡ed notwithstanding that any section of this ByJaw or part thereof may be found by a
court of competent jurisdiction to be invalid, unenforceable or ulüa vires than such section shall
conclusively be deemed to be servable and all other sections or parts of this By-law are separate and
independent there from and enacted as such.
12.6 In this ByJaw, unless the contrary intention appears, words importing only singular number or
masculine gender shall include more persons, parties or things of the same kind than one and the
feminine or neuter gender.
Part 13
13 Offence
I 3. I Every person who contravenes any provision of this ByJaw is guilty of an offence and on
conviction is liable to a fine as provided for in the Provincial Ofences Act.
13.2 The Court in which the conviction has been entered, and any court of competent jurisdiction
thereafter, may make an order prohibiting the continuation or repetition of the offence by the person
11
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Animal Control Bylaw Municipality of Bayham
convicted, and such an order shall be in addition to any other penalty imposed on the person
convicted.
13.3 Each day during which there is a breach of this By-law shall be regarded as a separate and distinct
offence and any person, who continues in breach ofthis By-law, may be charged for each separate
day during the continuation of the offence.
Part14
L4 Enactment and Repeals
l4.l This By-law shall come into full force and effectupon final passing.
14.2 The following By-laws are repealed upon enactment of this ByJaw:
amended, being a By-law to Regulate and Control Dogs
READ A FIRST ANID SECOND TIME this day of ,2009.
Mayor Clerk
READ A THIRD TIME AND PASSED this day of ,2009.
Mayor Clerk
t2
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Residential Urban Chicken Keeping:
An Examination of 25 Cities
Missoula Residents with their backyard chickens.
Source: http://www.missoula.com/newslnodel226
KT LaBadie
CRP 580 Spring 2008
University of New Mexico
May 7th 2oo8
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Abstract
City councils across the United States and Canada are increasingly being faced with the
task of deciding whether or not to allow chicken keeping in residential backyards. In
many cases this issue has two opposing sides: those citizens who want to keep chickens
for egg production and those citizens who are concerned about the effects of chickens on
their communities. This paper provides an analysis of pro-chicken ordinances from 25
cities in an effort to define the components of a just and well functioning chicken
ordinance. Of the 25 ordinances, no two were identical but a variety of common
regulatory themes were found across cities. Based on these findings, some considerations
are suggested when forming an urban chicken keeping ordinance.
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Introduction
"I can't say that I would have envisioned chickens as an issue, but I've heardfrom ø lot ofpeople
about them, and it seems tike it's something maybe we ought to pay a little attention to." t
- Stacy Rye, Missoula City Councilwoman
It's happening right now in cities across the United States and Canada. Community
members are organizing themselves into groups and approaching their city councils about
an important urban planning issue: chicken keeping in the city.
This question of whether or not cities should allow backyard chicken keeping has
increased substantially over the past 5 years as citizens become more interested in
participating in their own food production. The issue has appeared recently before city
councils in Missoula', Halifax3, and Madison4, and a case is currently pending in Ann
Arbor, Michigans. In many cases this interest in backyard chicken keeping has been met
with much opposition and city councils often do not know how to begin approaching the
issue.
The recent increase in urban backyard chicken keeping has come about for three main
reasons. First, the local food movement itself has become very popular which has
sparked a new interest for many in backyard food production. Since chickens are one of
the smaller protein producers, they fit well into a backyard food production model.
Second, rising energy and transportation costs have caused concern over increases in
food costs, and backyard eggs offer a cheaper solution as they do not have to travel far to
reach the plate. Lastly, many citizens are becoming increasingly concerned about food
safety, and with meat recalls and other animal industry issues in the news, backyard
chickens offer many a safer solution. For these reasons, backyard chickens have become
t Moore, Michael. Urban Chickens Scratching up a Controversy in Missoula. . Available online at
http ://www. mis soula. com/ne w sl node I 226t Medley, Ann and Jonathan Stumph. Video: Missoula Squabbles Over Urban Chickens. Available online
at http://www.newwest.nelcitylarticle/missoulas-urban-chicken-squabble/C8/L8/t CBC News. Halifax to Study Chickens in Cities. Available online at
http ://www.cbc.calconsumer/ story I 2008 / 021 12 / chicken-report.html
a Ha¡rison-Noonan, Dennis. Urban chicken keeper, Madison, Vy'isconsin. Interviewed on April 8, 2008.
5 Kunselman, Steve. City Councilor (ward 3) Ann A¡bor, Michigan. Interviewed on April 29,2008.
4
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increasingly popular, but not everyone likes the idea of chickens living in their
neighborhood.
There are generally two sides to the chicken keeping issue: those who are for allowing
Gallus domesticus in residential backyards, and those who are opposed. There are a
variety of reasons why people want to keep chickens, ranging from having a safe source
of protein to gaining a closer relationship to the food they consume. Those who are
opposed to backyard chickens however, often express concerns about noise, smells,
diseases, or the potential for chickens running loose. There is also debate between the
two sides as to the appropriateness of chickens in a city environment and if chickens
qualify as pets or livestock.
Chicken keeping in urban environments is nothing new, but it is now something that
needs to be planned for in all major cities and small towns across the United States. As
the interest in the local food movement continues to increase, and as citizens become
more interested in growing their own food, municipalities will eventually be faced with
the issue of regulating backyard chicken keeping within their city limits. Planning for
chickens can either be pro-active on the part of the city council and planning staff, or
reactionary as citizens will eventualty bring the issue to city hall. Municipalities often do
not know how to approach the chicken keeping issue, and this paper serves to provide
some insight through an analysis of urban chicken ordinances from across the United
States.
Research Methods
The main goal of this paper was to analyze how residential backyard chicken keeping is
regulated through the examination of chicken ordinances from a variety of cities. To
achieve this, data was gathered through the examination of residential chicken
ordinances, as well as through a variety of interviews, newspaper articles, video footage,
and other resources.
Residential chicken ordinances from over 30 cities were gathered, however only 25 of the
cities allowed the keeping of chickens, so only those were used in the analysis (see
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Appendix A). The ordinances were sourced from city web sites, online web ordinance
databases, and other online sources (see Appendix B). In a few instances calls were
made to city planning departments to verify language in the ordinances.
Interviews were conducted with the following city officials, urban chicken keepers, and
urban food/gardenin g community organizations :
. Steve Kunselman, City Councilor (ward 3) Ann Arbor, Michigan. He proposed
pro-chicken ordinances for Ann Arbor, which are being voted on in May of 2008.
r Thomas Kriese: An urban chicken keeper in Redwood, CA and writer about urban
chickens at http:i/myurbanchickens.blogspot.com/
. Dennis Harrison-Noonan, urban chicken keeper, Madison, Wisconsin. He was
involved in the adoption of pro-chicken ordinances for Madison.
¡ Debra Lippoldt, Executive Director of Growing Gardens, Portland, OR
These interviews served to provide personal insights into urban chicken keeping,
stakeholder positions, and the urban chicken movement. The interviews were also crucial
in receiving feedback about chicken ordinances and the process involved in legalizing
chicken keeping.
Analysis
Of the 25 cities evaluated, no two were identical in their restrictions and allowances (see
chart of detailed findings in Appendix A). There were, however, coÍìmon regulatory
themes that emerged from the set evaluated. These coÍrmon themes are as follows:
. The number of birds permitted per household
. The regulation of roosters
r Permits and fees required for keeping chickens
. Chickenenclosure/containmentrestrictions
¡ Nuisance clauses related to chickens
. Slaughteringrestrictions
. Coop distance restrictions in relation to homes or property lines
The findings of the above commonalities, as well as unique regulations that emerged, are
discussed in detail below. The ease and accessibility of finding the ordinances is also
discussed.
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Number of Birds Permitted
Of the 25 cities evaluated, only 6 had unclear (or not specifically stated) regulations on
the numbers of birds permitted, while 13 stated a specific number of birds. Of the
remaining, 3 cities used lot size to determine the number of chickens permitted, 2 cities
used distance from property lines as a determining factor, and 1 city placed no limit on
the number of chickens allowed. Over half of the cities evaluated stated a specific
number of allowable chickens, which ranged from 2 to 25 birds. The most common
number of birds permitted was either 3 or 4 birds, which occurred in 8 cities.
The most common number of birds permitted was 3 or 4, which will supply on average
between I and2 dozen eggs per week. Depending on the size of the family in the
household, this may be sufficient. In some cases however, 3 to 4 birds may not be
enough for larger family sizes or allow for giving away eggs to neighbors. In cities
where it is legal to sell your eggs at farmers markets, 3 or 4 birds would not be sufficient.
So what is a good number of chickens to allow in residential backyards for home
consumption? Thomas Kriese, an urban chicken keeper who writes online about chicken
keeping and ordinances, feels that no more than 6 birds should be permitted. "That's
approximately 3 dozen eggs a week which is a LOT of eggs to consume, plus that's a lot
of food to go through, and excrement to clean up," he stated in a personal
correspond"nae.u
The answer of how many birds to allow is not an easy one, as other factors such as
average property sizes and controlling for nuisances should be considered. A good
example of how to address the issue surrounding the number of birds is Portland,
Oregon's chicken ordinance. Portland allows the keeping of 3 birds per household;
however you are allowed to apply for a permit to keep more (See Appendix A). In this
case the ordinance is flexible, as a sufficient number of birds are permitted outright, and
those wishing to keep more can apply to do so.
u K¡iese, Thomans. Urban chicken keeper, Redwood City, CA. Personal correspondence on April 28,
2008. His coverage ofurban chicken ordinances is available online at
htç ://myurbanchickens.blogspot. com/
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Regulation of Roosters
The regulations regarding roosters were unclear in 14 cities and in 7 cities the keeping of
roosters was not permitted. Of the remaining 4 in which the keeping of roosters was
permitted, I city allowed roosters if kept a certain distance from neighbors residences, 1
allowed roosters only under 4 months of age, 1 allowed a single rooster per household,
and 1 placed no restrictions.
Many cities choose to not allow the keeping of roosters, as neighbors often complain
about the crowing which can occur at any hour of the day. Since one of the main reasons
people choose to keep chickens is for the eggs, which roosters do not provide, it is
generally accepted to only allow hens. In the case of Albuquerque, New Mexico, 1
rooster is allowed per household but it is still subject to noise ordinances (see Appendix
A). So in this case, you can keep your rooster if your neighbors do not mind the crowing.
This does allow people to have more choice, however it can also increase the costs
associated with enforcing noise complaints.
Permits and Fees
The regulation of chickens through city permits and fees was unclear in 11 of the cities
evaluated, while 4 required no permits or associated fees, and 10 required permits, fees,
or both. The fees ranged from $5.00 to $40.00, and were either 1 time fees or annual
fees. Of the 10 that required permits/fees, 3 required permits only if the number of birds
exceeded a set amount which ranged from 3 to 6 birds. In two instances, it is also
required that the birds be registered with the state department of agriculture.
Requiring a permit for chickens is no different than requiring one for dogs and cats,
which is the case in most cities. From the perspective of affordable egg production
however, attaching a large fee to the permit undermines that purpose. ff a fee is too steep
in price, it can exclude lower income populations from keeping chickens by increasing
the costs of egg production. Fees may be necessary however to cover the associated costs
for the municipality to regulate chickens. Another option, which was the approach of 3
cities, was to allow a certain number of birds with no permit/fee required, and anything
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above that required a permilfee. This allows equal participation and lowered costs,
while still providing revenue for the regulation of larger bird populations.
Enc lo s ur e Re quir ement s
In 9 cities thê ordinances were unclear in regards to enclosure requirements or the
allowance of free roaming chickens. Of the remaining, 2 had no restrictions and 14
required that chickens be enclosed and were not permitted to "run at large". In one case,
the approval of a coop building plan and use of certain materials was required.
Over half of the cities evaluated required that chickens be enclosed, and this regulation
can help to alleviate the concerns of neighbors. Many chicken keepers want to keep their
chickens confined in a coop and outdoor run, as this helps to protect them from predators.
However, it is very restrictive to require confinement of chickens at all times, as many
keepers enjoy watching their chickens free range about the yard. Just as there are
regulations for leashing your dog, so too could there be regulation for only allowing
chickens to roam in their own yard.
Requiring a building permit with specific material requirements, is also restrictive to
lower income populations, and takes away from the sustainability of keeping chickens for
eggs. In many cases, chicken coops are built with scrap materials and suit the design
needs of the owner. Requiring a specific design or materials takes those choices away
from the chicken keeper. Coops should be treated simila¡ to dog houses, which are
generally not subject to this type of regulation.
Nuisance Clauses
There were a variety of nuisance regulations stated in 17 of the cities evaluated, while the
remaining 8 cities had unclear nuisance regulations. The nuisances that were stated in the
17 ordinances included one or more of the following: noise, smells, public health
concerns, attracting flies and rodents, and cleanliness of coops/disposal of manure.
Chicken keeping alone does not cause the nuisances listed above, but rather they result
from improper care and maintenance which can sometimes occur.
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A properly shaped ordinance can prevent potential nuisances by establishing clear
guidelines for chicken care and maintenance, such as only allowing smaller sized flocks
and not permitting roosters. An active community led education campaign, such as
chicken keeping classes and coup tours, is another way in which to educate the public to
ensure proper care and reduce the potential for nuisances. In many cities, chicken
keeping community organizations have helped to educate the public on how to properly
keep chickens within the limits of the law, thereby reducing nuisances and complaints.
Slaught ering Re strictions
Regulations regarding the slaughtering of chickens in residential areas were unclear in 19
of the cities evaluated. Of the remaining, 4 allowed slaughtering of chickens while 2
stated it was illegal to do so. This regulatory theme had the highest level of unknowns,
most likely due to the issue not being included in the ordinance, or it being stated in
another section of the general animal ordinances, and not referring specifically to
chickens.
Although slaughtering chickens within city limits seems gruesome to some, others may
wish to slaughter their birds for meat. Rogers, Arkansas for example, only allows the
slaughtering to take place inside (Appendix C), which could help prevent neighbor
complaints about the process. Allowing for slaughtering however, may also have its
benefits, such as being a solution to aging urban chickens that no longer produce eggs.
Distance Restrictions
Distance restrictions between the location of the chicken coop and property lines, or coop
and nearby residences, were stated in 16 of the ordinances evaluated. There were no
restrictions in 3 of the ordinances and 5 were unclear. Of the 16 with distance
restrictions, 12were distances required from residences, while 3 were distances required
from property lines. The distance required from property lines ranged from 10 to 90 feet,
while the distances from residences ranged from 20 to 50 feet.
If a city chooses to have distance restrictions, the average lot sizes need to be taken into
consideration. For example, Spokane, WA has a property line distance restriction of 90
10
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feet (see Appendix A), which may be impossible to achieve in many residential yards.
This large of a requirement would prevent many people from keeping chickens. The
lower distance requirements, such as l0 or 2O feet are more feasible to achieve for those
with smaller lot sizes. Distance requirements to neighboring homes (vs. property lines)
are also easier achieve as the distance considers part of the neighbors property in addition
to the chicken keepers property.
Unique Regulations
All25 ordinances evaluated had some combination of the above common themes, but
there were also some unique regulations that one (or a few) cities had related to
residential chicken keeping. These unique regulations are as follows:
. Chicken feed must be stored in rat proof containers
. Pro-chicken regulations are on a l-year trial basis with only a set
number of permits issued until the yearly re-evaluation.
. For every additional 1,000 sq. feet of property above a set minimum, 1
additional chicken may be added to the property.
¡ The allowance of chickens in multi-family zoned areas (allowance in
single family zoning is most common)
. Coops must be mobile to protect turf and prevent the build up of
pathogens and waste.
. Chickens must be provided with veterinary care if ill or injured
' Minimum square footage requirements per bird for coop/enclosure
The unique regulations listed offer some innovative solutions to possible issues such as
pests and waste, as well as defining minimum space and health care standards for
chickens. Some of these regulations also allow for more flexibility, such as extending
the right to keep chickens to those living in multi-family dwelling units or allowing more
birds on larger property sizes. In the case of Portland, ME, the permitting of chickens is
on a trial basis, which may be a good option if a city wants to reevaluate residential
chicken keeping after a certain time frame.
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Locating and Understanding the Ordinances
Of the 25 pro-chicken ordinances, very few were actually easy to locate. In most cases,
pages of code had to be searched in order to find the regulation and even then the chicken
ordinances were often vague, incomplete, or regulations were spread throughout multiple
sections of the code. This is an issue that should be considered, as unclear or hard to find
ordinances can only lead to increased non-compliance.
The most easily accessible chicken ordinances were those specifically stated on city web
pages, and those found through websites and literature from urban gardening
organizations or community groups. One example of easily accessible ordinances is that
of Rogers, Arkansas (Appendix C). Their chicken ordinance is not only easily accessible
directly from the city website, but it is also clear and comprehensive. A clearly stated
and easily accessible ordinance allows resident to know how they can keep chickens
within the limits of the law, which can reduce complaints and other issues related to non-
compliance.
Findings and Recommendations
"Issues such as rodent control are a real concern and the ordínance can have a positive influence
on keeping an already urban issue from being exacerbated any rnore than it already is".
- Debra Lippoldt, Executive Director of Growing Gardens, Portland, OR7
The original question for this paper was "'What is a good urban chicken ordinance?" This
was based on the idea of examining a variety of ordinances and then singling out those
that were better than most and could serve as an example. After having conducted the
analysis however, the question was changed to "What are the good components and
considerations that make up a just and functional urban chicken ordinance?" There is no
superior "one size fits all" ordinance to regulate urban chickens, as each city has different
physical, environmental, social, and political needs.
Although each ordinance will be different from one city to the next, a pro-chicken
ordinance should be built upon the following considerations:
7 Lippoldt, Debra. Executive Di¡ector of Growing Gardens, Portland, OR. Personal Correspondence on
April S,2008.
T2
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It satisfies the needs of most stakeholder groups and acknowledges that some
stakeholders on both sides of the issue will be unwilling to compromise
It does not discriminate against certain populations, such as those of lower
incomes who can not afford high permitting fees, or those with smaller
property sizes
It allows for flexibility and provides choice, such as giving chicken keepers
the right to choose their own coop design and building materials
It allows for citizen input and participation in the ordinance forming process
to assure that the ordinance fits the needs of , and is supported by the
community
It recognizes the role chickens can play in developing a more sustainable
urban environment
r It recognizes the importance of the ordinance being clearly stated and easily
accessible to the public, which will help ensure compliance and reduce
violations.
The general considerations above are a good compliment to the specific allowances that
each municipality chooses to fit its needs and that of its citizens. These specifics
however can be more difficult to choose and looking to other cities as examples can
provide insight into the best possible choices.
The evaluation of 25 different chicken ordinances showed a wide spectrum of choices
that municipalities have made in the regulating of chickens. Looking at the number of
chickens permitted, for example, cities ranged anywhere from2 chickens to unlimited
chickens. Only allowing for 2 chickens may not be an ideal choice, as they are social
creatures and if one were to become ill an die, only one chicken would be left. Two
chickens also do not produce enough eggs for a larger sized family. On the other hand,
allowing for unlimited chickens may mean increased nuisance enforcement, or allowing
for that many chickens may be met with increased public opposition. Often the average
allowances found (not the most extremes) are the best choices of an example regulation
for other cities to look to when considering the formation of their own chicken ordinance.
In the case of the cities evaluated, the most common allowance was 4 to 6 birds, which
can provide enough eggs for a family and does not highly increase the potential for
nuisances. It also allows for a more sustained population if a bird becomes ill and dies.
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Another example of the middte ground being a good option would be permitting and fees
for keeping chickens. In some cities there were high fees for permitting, while in others
no fee or permit was required. A few cities, which only required permits and fees if you
have over a certain number of birds, show a good middle ground for how to permit
chickens. That model allows for citizens to keep a certain number of chickens without
added costs, while also creating revenue for enforcement and regulation when people
choose to exceed that amount. Many cities are concerned over increased costs if chicken
keeping is legalized, and this is one way to alleviate those concerns while still allowing
citizens to keep chickens.
In some of the regulatory themes, such as in the examples above, the middle ground does
provide a choice which can alleviate concerns while still allowing for the keeping of
chickens. Other regulatory themes, such as the slaughtering of chickens, may come down
to more of a yes of no answer, as \ryas seen in many of the cities. In either case, if a city is
going to adopt a pro-chicken ordinance, the most important part is to first allow for the
keeping of chickens, with the understanding that the ordinance can be revisited and
changed at a future time. Allowing for the keeping of chickens is the best way to see if
the concerns surrounding chicken keeping ever come to fruition, and the ordinance can
then be adjusted accordingly. In many cases, cities adopt a more restrictive ordinance as
that is what will pass public approval and city council. Then as time passes with few
complaints or nuisances, those regulations become more relaxed and tailored specifically
to the needs of the city and its residents.
Conclusions
"It seems that if we want to be a town that does its part for sustainability, this is something we
ought to consider. I think we want to allow folks to use their good judgment and move toward
more sustainable food practices." - Mayor lohn Engen, Missoula, MT"
Many cities and towns are now looking at how they can be more sustainable, and
allowing urban chickens is one step towards that goal of increased sustainability. Not
8 Moore, Michael. Urban Chickens Scratching up a Controversy in Missoula. Available online at
http://www.missoula.com/ne w slnodel226
1.4
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only can backyard chickens provide residents with a fresh and important food source, but
they also bring about an increased awareness of our relationship to the food cycle. By
forming a just and well thought out pro-chicken ordinance, cities can allow citizens the
right to keep chickens while also addressing the concerns of other stakeholder groups.
With that said, city councils should approach the issue of urban chicken keeping with a
"how" rather than a "yes" or "no", as a growing list of pro-chicken cities across the
nation shows that it can be done successfully.
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References
(References for 25 City Ordinances: See Appendix B)
CBC News. Halifax to Study Chickens in Cities. Available online at
http ://www.cbc. ca./consumer/story/2008 I 021 l2lchicken-report.html
Harrison-Noonan, Dennis. Urban chicken keeper, Madison, Wisconsin. Interviewed on
April S,2008.
Just Food. City Chicken Project. City Chicken Guide. Information available online at
http ://www justfood. org/cityfarms/chickens/
Kunselman, Steve. City Councilor (ward 3) Ann Arbor, Michigan. Interviewed on April
29,2008.
Kriese, Thomans. Urban chicken keeper, Redwood City, CA. Personal correspondence
on April 28,2008. His coverage of urban chicken ordinances is available online at
http ://myurbanchickens.blogspot. com/
Lippoldt, Debra. Executive Director of Growing Gardens, Portland, OR. Personal
Correspondence on April 8, 2008.
Medley, Ann and Jonathan Stumph. Video: Missoula Squabbles Over Urban Chickens.
Available online at http://www.newwest. netlcitylarticle/missoulas-urban-chicken-
squabble/C8/L8/
Moore, Michael. Urban Chickens Scratching up a Controversy in Missoula. . Available
online at http : //www. mi s soula. com/new s/ node I 226
r6
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Appendix A
25 Ordinances Analyzed
c¡ty/state # of birds
Dermitted
Roosters
allowed
PermlU
oerm¡t cosl
Enclosure
reouired
Nuisance
clause
Slaughter
D€rmitted
Pfopeny ilne
restrictions
Deta¡ls or unique
reoulations
Los Angeles,
CA
unclear only if 100
ft from
neiohbors
unclear unclear Yes unclear 20 ft lrom owners
home, 35 ft from
nciohhnrs
Rogers, AK 4 No $5/yr Yes Yes ¡nside only 25 ft from
neiohbors house
Keywest, FL unclear Yes None Yes Yes No No uan I use oropprngs as
fertilizer, feed must be
stored in rat proof
^^nlâ¡nêre
Topeka, KS unclear unclear unclear Yes Yes unclear 50 ft from
noiahhnrc hnr ¡cc
¡'0uln
Portland, ME
6 No $25lyr Yes,
building
permit
reolired
Yes unclear Yes On trial bas¡s t¡ll
November 2008, only
20 permits issued till
vearlv evaluation
Madison, Wl 4 NO $6/yr Yes Yes No 25 ft from
neiohbors house
New YorK,
NY
No limit No Yes No Yes unclear No
Albuquerque,
NM
15 1 per
household
None No Yes Yes No
Portland, OR 3 without
nêrm¡l
unclear $31 one time
fee for 4 +
Yes Yes unclear unclear
Seattle, WA 3 unclear unclear unclear Yes unclear 1 0 ft from property
line
1 addit¡onal ch¡cken per
1,000 sq ft of property
above minimum
Spokane, wA r per
2,000 sq ft
of land
unclear unclear unclear unclear unclear 90 ft from property
line
untcKens ailoweo tn
multi-family zoned areas
¡'an AnIonto,
TX
property
line
.lênên.lênl
unclear unclear unclear unclear unclear 20 ft minimum
from another
dwellino
5 birds allowed 20 ft
from home, 12 birds at
50 ft. 50 birds at 1 50 ft
Honolulu, Hl 2 unclear unclear unclear unclear unclear unclear
Oakland, CA unclear No unclear unclear unclear unclear 20 ft m¡nimum
from another
dwellino
St. Louis, MO 4 max.
without
oermit
unclear üt4u permI
for more than
4 birds
unclear unclear unclear unclear
San Dego
CA
25 unclear unclear unclear YES unclear 50 ft from
neidhbors house
Feed must be stored in
rat oroof container
San Jose, CA oepenoenl
on coop to
property
line
only
roosters <
4 months
old
permit
needed for 6
or more birds
Yes unclear unclear Ranges from 0 to
50 ft, determines
# of birds
<15 ft = 0 b¡rds allowed,
15 to 20 ft = 4 birds, etc,
up to 50 ft = 25 birds
AUSltn, l)(unclear unclear unclear unclear unclear Yes 50 ft from
naínhhnre hnr rcc
Mempnrs, rN unclear unclear unclear Yes Yes Yes unclear Feed must be stored in
rat proof container
Ft. Worth, TX based on
lot size
unclear No Yes Yes unclear 50 ft from
neiohbors house
<112 acre = 12 birds,
>1/2 acre = 25 birds
Baltimore,
MD
4 unclear MUSI regrsler
with animal
control and
flent nf An
Yes Yes unclear 25 ft from
neighbors house
Coops must be mobile
to prevent waste build
up, minimum 2 sq
ftlbird
Charlotte, NC Daseo on
lnt cizc
unclear $40/yr Yes Yes unclear 25 ft from property
line
minimum 4 sq. fUbird,
n^ m^rê lll.^n 2nlaara
Missoula, MT 6 No $15 permit Yes Yes unclear 20 ft from
neiohbors house
Feed must be stored in
rat oroof container
Boise. lD 3 No unclear Yes unclear unclear unclear
San
Francisco,
CA
4 Unclear No Yes Yes unclear 20 feet from door
or window of
residence
t7
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Appendix B
Sources for 25 Ordinances
Citv/State Source for Ordinance
Los Angeles, CA Los Angeles Animal Services.
htto ://www.laanimalservices.oro/oerm itbook.pdf
Rogers, AK Ordinance No. 06-100
htto ://www. rooersarkansas.com/clerl</chkord i nance.asp
Keywest, FL ParT2, Title 5 Section 62
www. kevwestchickens.com/citv
Tooeka, KS Section 18-291 www.municode.com
South Portland, ME Chapter 3Article 2 Section 3
http://www.southportland.org/index.asp?Type=B_LIST&SEC={93286E1 E-9FF8-
40D2-4C30-8840DE823429ì
Madison. Wl htto://www. madcitvchickens.com/ and www. m unicode.com
New York, NY Just Food's City Chicken Project. City Chicken Guide. lnformation available online
at http :/iwww. iustfood.oro/cityf arms/chickens/
Albuquerque, NM City ordinance chapter 9, article 2, part 4, $ 9-2-4-3, c-3
http ://www.am leoal.com/albuquerque n m/
Portland, OR Ordinance 13.05.015
htto ://www. oortlandonline.com/Auditor/index.cf m ?c=28228#cid 1 3497
Seattle, WA Ordinance 12231 1 section 23
www.seattleurbanf armco.com/chickens
Spokane, WA Title 17 Chapter 1 7C.310 Section 17C.310.100
htto://www.spokanecitv.orolservices/documents/smc/?Section=1 7C.31 0.1 00
San Antonio, TX Municipal code 1 0-112, Keeping of farm animals
www.sanantonio.oov/ani malcare/healthcode.asp
Honolulu, Hl Chapter 7 Section 7-2.5
www. ho nolu I u.oov/ref s/roh
Oakland, CA Ordinance 6.04.320
www.oaklandanimalservices.orq
St. Louis, MO Ordinance 62853-7
www.slpl. I ib. m o. us/cco/co de I dalalll 0200 1 . htm
San Diego, CA Ordinance 42,0709
htto://docs.sandieoo.oov/municode/municodechaoter04/ch04arl02division07.pdf
San Jose, CA Ordinance 7.04.030, 140, &150
www.san ioseanimals.com/ordinances/simc7.04. htm
Austin, TX Title 3 Chapter 3-2
www.am leoal.com/Austi n-n xVoatewav. dl l/Texas/austi n
Memphis, TN Title 9Chapter 9-80-2, 9-68-7
htto://m unicioalcodes. lexisnexis.com
Ft. Worth. TX Section 1 1 A-22a www.municode.com
Baltimore, MD Baltimore City Health Code Title 2-106; Title 10, Subtitles 1 and 3
www.baltimorehealth.oro/oress/2O07 02 02 AnimalReqs.pdf
Charlotte, NC Section 3-102
http://www.charmeck.org/departments/animal+controlilocal+ordinances/permits/htm
and municode.com
Missoula, MT Ordinance Chapter 6 Section 6-12
ftp://www.ci.m issoula. mt.us/Packets/Co uncill200T 12007 -1 2-
1 7/Chicken Ordinance.pdf
Boise, lD Chapter 6 Section 14
http://www.cityofboise.org/city_clerk/citycode/06 1 4.pdf and
htto://home.centurvtel. neVthecitvchicken/chickenlaws. htm I
San Francisco, CA San Francisco Municipal Health Code Section 37
htto ://sf oov.orq/site/acc paoe. asp?id =547 6
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Appendix C
Example ordinance
Rogers, AK
ORDINANCE NO. 06. lOO
AN ORDINANCE REGULATING TTIE CONTAINMENT OF FOWL AND OTHER
ANIMALS WITHIN THE CORPORATE LIMITS OF THE CITY OF ROGERS; AND
FOR OTHER PURPOSES.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROGERS,
ARKANSAS:
Section 1: It shall be unlawful for any person to permit or allow any domesticated fowl to
run at large within the corporate limits of the city. It shall be lawful to keep poultry flocks
of any size in A-I zones of the city, so long as they are confined.
Section 2: It shall be lawful for any person to keep, permit or allow any fowl within the
corporate limits of the city in all other zones, except A-I, under the following terms and
conditions:
a. No more than four (4) hens shall be allowed for each single-family dwelling. No birds
shall be allowed in multi-family complexes, including duplexes.
b. No roosters shall be allowed.
c. There shall be no outside slaughtering ofbirds.
d. All fowl must be kept at all times in a secure enclosure constructed at least two feet
above the surface ofthe ground.
e. Enclosures must be situated at least 25 feet from the nearest neighbor's residence.
f. Enclosures must be kept in a neat and sanitary condition at all times, and must be
cleaned on a regular basis so as to prevent offensive odors.
g. Persons wishing to keep fowl within the city must obtain a permit from the Off,rce of
the City Clerk, after an inspection and approval by the Office of Animal Control, and
must pay a $5.00 annual fee.
Section 3: The above Section 2 is not intended to apply to the 'ducks and geese in Lake
Atalanta Park, nor to indoor birds kept as pets, such as, but not limited to, parrots or
parakeets, nor to the lawful transportation of fowl through the corporate limits of the city.
Neither shall it apply to poultry kept in areas of the City which are zoned A-I.
Section 4: Fowl currently existing in the city shall not be "grandfathered" or permitted to
remain after the effective date of this Ordinance; however, owners of the poultry will
have 90 days from the effective date to come into compliance with this ordinance.
Source: http://www.rogersarkansas.com,/clerk/chkordinance. asp
l9
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Region of Waterloo
APPENDIX 4
[Jtt ¡ I t0O0
ECONOÀ4IC OE* VE LOPMENT
ANO ¡I,{RKETING
PUBLIC HEALÏH
EnvironrnentalHealth
and Lifestyle Resources
P0. llox 1633
99 Segina Street South
Waterloo 0N Canada N2J 4V3
Ielcphonc: {5lS) 883.2{J0B
l'ax (5131 tl&3-?276
www.reg¡on.ur¿t¿rloo.or¡ ca
Septernber 30, 2008
David Calder
General Manager, Corporate Services
City of Waterloo
100 Regina Strect
Waterloo, ON N2J 4z\8
Dear Mr, Calder:
RE: Public llealth Pcrspective on Snrall Scalc Urban Chicken Raising
'fhe Region of Waterloo Public Health Department is committed to building healthy, safe, ancl
supportive communitics. Public Ilcalth has played a key role in promoting and coordinating
urban agricultural initiatives in our region for rnany years. We understand small-scalc urban
chickcn raising to me¿rn caring for lcss than a dozen hens in the backyards ol urbalt residences
priniarily as a source of food (e.g. eggs). After a review of health risks, peer-reviewed literature
(see appendix 3) and experiences fi'om other health units on backyard urban chicken farming,
Public Ilealth has determincd that raising chickens in urban areas contributes to enhanocd urban
agriculture, increased food security ancl greater access to local food for households who wish to
engage in this activity. Ilowever, households engaging in backyard chicken rearing are not
without risk. Aftcr reviewing all factors and collaborating with other governmcnt agencies, food
networks, and health units, we have concluded that these risks can be mitigaled through sound
biosecurity rneasures and regulatory conditions.
Analysis of thc lli^sks
'l'here are risks fiom z.oonotic and f'oodborne diseases affecting the health of household members
where backyard chicken farrning is practiced. Zoo¡otic diseases can be defined as any _disease
and/or inlbction which is natulally "transmissible from vertebrate animals to man"l. The
experience in Asia, where domestic poultry is raised irr close proximity-to lrutnans, and the
subsequent exposure of people to avián influenza is of particular concernt. lteleuntrt ]iteratul'e
lbcuscd primarily on confrolling and preventing avian influenza outbreaks as the urost significant
threat backyard poultry flocks pose to public health. While we do not have avian inlluenza in our
region, conlmon zoonotic diseases frorn bacteria easily tr¿rnsmifted from poultry are Salmonella,
Cam¡tylobacler, Yer,riniø and Li,rteria2'3.'l'he risk of inf'ection from exposure to these bacteria,
particularly Salmonella, is especially high fbr young children, the eldcrly, pregnant women and
people wilh wcakened imnrune systemsa. Backyard chickens can be inlected through contact
with livestock, waterf'owl, and wild/rJomestic animals and may not show syûtptoms of cliseasc''.
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Additional conoenls may stem front:
o Improper clisposal of clead birds (especially if a bird has a contagious discase);
r Improper management of bird feces, litter disposal and general backyard operations;
r Improper foocl safety, egg hancllilrg, or home slaughtering techniques;
. Possible neighbour nuisances such as odour and noise; and
. Biosecurity of other flocks - possible transmission of diseases between commercial and
other bird operations.
Biosccurity Mcasurcs
'fhesc zoonotic and foodborne health risks can be significantly reduced with proper biosecurity
and other preventative measures. The Ontario Ministry of Agriculture, Foocl, and Rural Affairs
(OMAFRÁ), the Food Saf-ety Network at the University of Guelph, and the Poultry Industry
òouncil has many resour.ces on how to recluce the heatth risks associated with backyard chicken
farming including â resource kit f'or small flock ownerrl'S. 1'he Canadian Foocl Inspection
agency (CFIA) has iclentified basic biosecurity principles for poultry operations in a factsheet
aimed at reducing disease translnission and protecting the inrereìts olCanadiuns6 1s"e Appendix
l). It is anticipaìed that if urban backyard chicken làrmers employ these basic biosecurity
princíples and àdhere to preventative measures on a regular basis, potential health risks will be
negligible.
Expcricncc in Other Jurisdictions
To our knowledge, the City of Niagara Falls is the only Ontario municipality to have passed a
by-law permitting backyard chicken färming. ln terms of enforcement, the City of Niagara Falls
uy-taw enforcement ol'f:rcers enforce this by-law but there has been collaboration with the public
häalth inspectors on special cases in the pasti. We have communicated with the Niagara
Regional itealth Unit ãnd they have indicated that there have not been any health concerns
br<r-ught to their attentir¡n as a iesult of this by-law7. In Appendix 2, we outlinc essential items
from-the Clity of Niagara F'alls by-law that we considcr to be key to reducing health risks and
concerns in the cominunity, should a by-law regarding small-scale urban chicken raising be
clrallecl and approved in the City of Waterloo.
Conclusion
The Region of V/aterloo Irublic Ilealth f)epartment considers urban small-scale chicken farming
u, o *u! to enhance urban agriculture, increase food security, and provide greater access to local
food. pòtential risks associatéd with this activity can be mitigated and Public Flealth recommends
the foìlowing measures be put into effect to fhis encl, should the City of Waterloo decide to
permit this practice. 'fhese include:
r That similar conditions to the City of Niagara Falls by-law be drafted (see Appendix 2);
r That the byJaw clearly delìnes terms. It would be useftrl to speoify which term you
intend on using - 'chickens' ol '¡toultry' - and provide a defìnition;
e 'fhat local by-law enforcement officcrs âre trained to enftlrce and respond to
conccrns/complaints that rnay arise from this by-law;
Staff Report P2009-006 regarding Animal Control By-law. (def...
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e l-hat an eclucation campaign accompany the by-law, so that urban households are ¿rwÉìre
of antl can mitigate potential health risks; and
o That a licensin! or permit application process be consiclered. l'his requiremcnt may assist
in regulating, trãcking, and enf-orcing this activity throughout the city'
In conclusion, we appreciate the opportunity to provide a public health perspective on this issue
and we woul<] be happy to be of f'uither assistance as you address this local mafter'
Sincerely,
[,iana Nolan
Medical Offìcer of Health/Comtni ssioner
Attach.
Staff Report P2009-006 regarding Animal Control By-law. (def...
Page 135 of 179
Biosecurity Considerations
The C¿rnadian Food Inspection Agency's basic biosecurity principlesl include:
¡ Isol¿rlion:
o Only obtain new birds from reputable sources'
o Isolate sick birds from the rest of the flock'
o l.imit the frequency of introducing new birds to the flock.
o Isolate uny n"* biids or birds retuming f'roni shows and exhibits.
o tJse all-in-all-out flock tnovemenl where possible
¡ Sanitation:
o Routinely clean and disinfect buildings, poultry houses, equipment, clothing and
' footwear.
o Designate a cleaning arca for vehicles and equiprnent'
o Proniptly dispose of mortalities and damaged eggs'
o Use pìastic ciates to transport birds (easier to clean)'
r Traffìc control:
o Control visitors' âccess to the flock'
o Prevent birds, rodents, pets and ofher animals from coming into contact with the
flock.
oRequireallvisitorstowearcleanboots'clothingandgloves.
o Maintain records of the movement of people, ãnimals and equipment on and off
the premises.
o Make sure all suppliers and other farm visitors fbllow your biosecurity measures'
Flock health rnanagement:
o Monitor flook health dailY.
o Employ veterinary serviccs to help irnplement flockhealth progranls'
o Maintai' daìly héalth recorcls on yout flock, detailing production levels, health
concerns and trealments aPPlied.
o ¡nnrediateìy report o,ry ,ign* of il¡less 1o your vcteriuarian or the nearest CflA
office.
. Progratn maintenance
; Train all stafTin the application of your biosecurity ptogranì.
o Regularly monitor the effectiveness of the program'
o Be aware of any avian cliscases in your âreaand adjust yourbiosecurity program
to meet specihc needs, as required'
I - caradiarr t-ood lnsprctton Rg"u;']þ0g¡ rnxufy b¡osc-(;unty Retncvctl .geptcmbcr 18,7,008 lÌonl
l!!.!¡r:.í\r$r' tnsl¡.c-cttirLrlsç;r{ulc.LtsJü¡ur¡a'}þ='çciirvtßs'sh-t¡t!
Staff Report P2009-006 regarding Animal Control By-law. (def...
Page 136 of 179
Essential Items fbr a By-Law
(paraphrasecl from the City of Niagara Falls By-Lar,r'No.2002-129)
l. Define tenns: 'chicken' or'poultry'-
2. Roosters, of any specie.s, are not to be pennitted. '
3. Deline specific location(s) where chickens or poultry are to be found.
4. Pernlitting less than a <loz.en hens in the urban boundary is reconlmelided,
5. Chicken coops are necessary but must meet the following conditions:
5, I - All chicken coops should be located only in the rear yard and rnust f ully enclose the
chickcns and prevent thcm from escaping or being at large.
5.2 - 1'hc chicken coop should be designcd and constructed tÒ ensure proper vcntilation
and sufficient space for the chickerrs and maintained in accordauce with good animal
husbandry praotices.
5.3 -1Ïe chicken coop should be constructed to kccp all other animals, pcts, wildlifè,
and vermin out.
5.4 - The chicken coop shall be locatecl at least 25|-ael from the rear lot line of the lot on
which tht: chicken coop is located.
5.5 -The chicken coop shall bc located at least l5 fèet from any sidc lot line of the lol on
which thc chioken coop is locatcd.
ó. All dead chickens must be disposed of inrmediately and in any cvcnt, within 24 hours,
conforming to local or rnunicipal guidelines.
7. There must be hygienic storage of and prompt rcrnoval of chícken feces.
8. 'l'he chickcn's f<rod supply rnust be protected against contamination from all environmental
factors and must be inaccessible by other anim¿lls, pets, wildlife, or vermin,
9. All lots housing chickens must tneet the following conditions:
(l) detached clwellings only;
(2) a ftontage of at least 40 f-eet; and,
(3) a depth ofat least 100 feet.
Staff Report P2009-006 regarding Animal Control By-law. (def...
Page 137 of 179
Literature Review
Summary
t,ittle empirical lvork has been done to demonstrale the extent and irnpact of zoonotic diseases in
relation t-o urban ancl peri-urban livestock systetr
flocks' was used in very different contexts and e
olien referring to less than 1,000 bi
compared to urban environments'
health risks of backYard chicken
influcnza outbreaks, particulzuly in southeast Asian countries where a lack of basic biosecurity
practices elevate the risks for ãiseas" introductioll and tra studies from the
U,S. surveyed poultry flocks that were associated with variety of avian
inllucnza subtypes. U.S. backyard poultry fìocks we.r9 typl disease outbreaks
es was evident. C backYard chicken
that poultry biosecurity training and education
ks associatecl with backyard chickcn rearing'
od borne diseases, very few studies examined
en farming.
Public Health ImPlications
Most public health risk factors associate<l with urban and peri-urban rivestock farming stenr fror¡l
zoonotic criseases and f-oods contaminatecr by patrrogenic organisms of,anirnal origin (Dimoulas
et al., 2008). l,ittle empirical work has b"'en doné to clemonstrate the cxtent and impact of
zoonotic diseases in rclaiion to urban and peri-urban lívestock systems (F'lynn' 1999)' Other than
avian influenza, two zoonotic diseases 'easily transmitted fiôrr poultry are salmo¡rella and
campylobacter (Stott, 2008 - per. communicatián)' Given that these enteric pathogens are known
to bc transmitted via raw eggs, the prudent foocl safcty approach is to avoid raw egg consumption
altogether (Dimoulas et al., 2008)'
F'oodborne diseases are a widespread and growi
goats, pigs an<t lurkeys or neighbouring chic
ãnteric-illness than those that did not allow
storage, personal hygiene, and water sources {l
prlncipteì for poultry operations (CFlÄ" 2
(,
Staff Report P2009-006 regarding Animal Control By-law. (def...
Page 138 of 179
transmission between chickens, which also reduces the risk of zoonotic and food bome diseases
for the public.
Biosecu[itv Practiccs
Seveml studies have identified poor biosecurity practices with regard to backyard poultry flocks,
creating varying degrees of ri.sk for disease introduction and transmission. A U.S. study
iclentifìed a lack of biosecurity practices, such as footwear precautions, hand-washing, and visitor
restrictions, rrtilized by backyard flock operators (Garber et al., 2007), This study found that U.S.
backyard flocks commonly had wilct bird feeders on the property that could encourage
congregation of wild birds, which is a potential source of disease introduction (Garber et al.,
2007). The results of this study mirrored those of an ea¡licr survey of U.S. backyard flocks in
l99l (McBride et al., l99l), suggesting that backyard management practices have re¡nained
relativcly unchanged over the past decade. Another recent study front Denmark identified a low
Ievel of biosecurity in free-range flocks, mainly due to insufficient hygiene practices (Bojesen et
al.,' 2003). These studies indicate that poultry biosecurity training and education would
substantially decrease potential health risks associated with backyard chicken rearing.
Avian fnfluenza
Background: Avian influenza, commonly known as "bird flu", is a viral infection that normally
affects the fowl (Liu,2006). All influcnza A subtypes can be found in waterfowl, but only the
I'tl-3 and Nl-2 subtyfres are commonly known to infçct humans (Liu, 2006). In terms of public
health concerns, this is important because this viral subtype is now known to have jumped the
species barrie¡ to infect humans (Liu, 2006). Infermediate vectors such as pigs were initially
thought necessary for cross-species transmission from birds to humans (Liu, 200ó), however, this
hypothesis was dismissed by strong evidence of direct transmissions during the 1997 Hong Kong
H5Nl outbreak (Claas et al., l99S). This first docurnented leap of avian influenza from birds to
humans resultecl in 6 deaths from l8 patients who wcre uncharacteristically ill with severe flu
symptoms (Yuen ct al,, 1998). Since December of2003, the World Health Organization has
reported that 245 deaths have resulted from 387 cases of H5Nl influenza (WHO, 2008).
Indonesia (137 cases, I l2 deaths) and Vietnam (106 cases,52 deaths) have had the highest total
reporled cases and deaths since 2003 (WHO, 2008). The current cluster of avian influenza
outbreaks in birds has occurred in areas where humans live in proximity to poultry. In these
areas, live poultry markets and backyard chicken fanning are parlicularly prevalent, making
direct transmission from birds to humans much more likely (Liu, 2006).
Surveíllance of Backyard Poultry Flocks - Several studies havc attempted to investigate the
rote of backyard poultry flocks in avian influenza outbreaks. ln 2004, backyard chickens and
ducks in villages of Thailand are thought to have played a crucial role in the avian influenza
epidemic (Tiensin et al., 2005).ln Thailand, as in other Asian and African countries in particular,
bacÌ<yard poultry are raised for foocl and income in villages and urban areas (Tiensin et al., 2005;
Dimoulas, 2008). The ñnclings from a study in Italy confìrm that backyard free-range fatming is
at high risk for avizur influenza virus introduction ('l'erregino et al., 2007). llowever, an outbrcak
of'low-pathogenicity fI7N2 avian influenz¿ virus in Virginia, U.S., found no evidence of the
virus in a sampling of backyarcl flocks and wild birds (Akey, 2003). Overall, backyard poultry
flocks outside <¡f the U.S. and Canacla, in combination with densely populated poultry areas or in
Staff Report P2009-006 regarding Animal Control By-law. (def...
Page 139 of 179
arcas where free-range rural village poultry lìocks are ptesent, have played key roles in recent
avian influenza outbreaks (Cattoli and Terregino,2008; Tieruin et al-,2005).
- Preventing a human pandemic of avian
gst animals. Unforlunately, the spread of
I{sNl in birds is rapid and particularly difficult to control (Liu, 2006). Bird excretion containing
Iarge anounts of uirur.t cóntaminates dusts and soil (Liu, 2006). Mechanical vectors such as
farm vehicles and bird feecl then carry the virus from farm to farm (Liu, 2006). 'l'he recent
appearance of avian influenza in Europe suggests that long-distance spread of the virus is also
pässible, most likely because of intemational trading in live poultry and migratory bird
populations (Lin et ai.,2 nd migratory virus cariers,
iínce they are naturally developing n and can fly
freely u..rt continents to local bird exander et al',
1936). The availability of food in free-range backyard farms may attract wild birds and may
resulí in intermingling of birds and bird droppings, creating conditions that favour the spread of
these viruscs (Terregino et al, 2007). A study in Thailand found a strong association between
free-grazing duck pãpulations and free-grazing farming with the spread of the virus in their
""nrãl t.giãn $iensin et al., 2005). Hence, limiting the spread of avian influenza virus can be
difficult, Ãpecially given a general lack of biosecurity practices among backyard bird fänners-
Clarification of Terms: "Backyard Poultry Flock"
lhe term 'backyard poultry flocks' was used in very dilTcrent contexts and enviroriments
throughout the liierature. This term, often refening to less than 1,000 birds (Garber, 2007), was
as liklly to be used in rural or peri-urban settings as in urban environments. Of course urban
environments in the U.S. (Akey, 2003; Henzler et al., 2003; Garber,2007; rüoolcock et al.,
2003; McBride et al., l99l) look very differcnt from urban settiltgs in Southeast Asia (Tiensin et
al., 2005), Africa (Dimoulas et al., 2008), or Europe (Terregino ct al., 2007).llence, this term
was used across diyersc countries with differing climates, geography, population densities, land
use patterns, and cultures. White a review of the literature puts into perspective the health risks
thatïackyaid poultry farming may have for the general public, these studies do not refìect the
urban environment in the Region of Waterloo.
Staff Report P2009-006 regarding Animal Control By-law. (def...
Page 140 of 179
References
A"lìaJiN-trd Szyfies, B. (2003). Zctonoses and conmunicable díseqses common lo ,nun and animals,3'd edition.
Vol. III Parasitoses. PAI{O Publications. 424 pp.
Akey, B,l-. (2003). Low-pathogenicity H?N2 avian ínfluenza outbreak in virginia during 2002. Avian Diseases,4T(3
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Bojesen, M., Nielson, S., Bisgaard, M. (2003). Prevalence and transmission of haemolylic Gallihacterirrrn species in
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Cattoli, G., & Ten'egino, C, (2008). New perspecfives in avian influellza diagnosis. Zoono.çe.s and Public I|ealth,
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Henzfer, D-J., Kradel, D.C., Davison, S., Ziegler, 4.F., Singletary, D., DeBok, P, et al. (2003). Epidemiology,
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pathogens. Ent e r g i nqi I nfe ct i ous I) i s e a.ç es, 3 :483 -4 87 .
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Fl9N2 subtype influenza A vjruscs: relationship between H9N2 and l'l5Nl hunta¡r isolates. Proceeding,'r of the
N ot i on a I A c ød enty of S c i en <:e s. 91 : 965 4 -9 658.
Liu, J.P. QO06). r\vian influenza - a pandernic waiting to happen? .Iournql of microbiolog¡t, imnunolo¿9t, and
infection = Wei mion ytt gon ran zd.såi, 39(l ), 4-10,
McBricle, M.D., I'lird, D.W., Carpenter, '1.8., Snipes, K.P., Danaye-Elrtti, C., & Utterback, W.W. ( l99l). llealth
surveys of backyar<l poultry and other avian species located within one rnile of cotnmercial California meat-
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Ilealth Divísion, Canadian Food Inspection z\gency.
'l'enegino, C., Dc Nardi, R., Guberti. V., Scremin, M., Raffini, 8,, Marlin, 4.M., et al. (2007) Active surveillance fbr
avian influenza viruses in rvild birds and backyard flocks in norlhet¡ ilaly during 2004 to 2006. Åvian
P a th ol ogy : j our n a I of t h e W. V. P. A., 3 6(4) : 337 -3 44.
Tiensi¡t, T., Chaitaweesub, P., Songserm, T., Chaisingh, 4., Hoon.suwan, Vy',, Buranathai, C. et al. (2005). l{ighly
pathogenic avian influenza H5Nl, thailand, 2004. Emerging Infectíous Diseases, I l(l'l); 1664'1672.
Woolcock, P.R,, Suarez, D.1,., &- Kuney, D, (2003). Low-pathogenicity avian influenza virus (H6N2) in chíckens in
Cal iforn ia, 2000-02. .Av i çn D is e as es, 47 : 87 2-88 1,
World Heatth Organization (WIIO). (2008), Cuntulative nwnber of'corfirmed human clres oluvian influenzo,4
(H5Nl) reported to WHO. Ììpidemic and Pandemic Alert and Response Progrant. ^Accessed September 16,2008
at; h[p; 2008-.09J0/cdj¡cþ¡-]rt-t:rl
Wortd l-lealth Organization (WHO). (200'l). Food sufety andfoodbornc illness. F'actsheet No. 237. Accessed Sepl.
I 6, 2 0 0 I at btjB/19lyly=Ulq.llrílrrçrU t crl:]tc/ lh c t s h c c t s4 s2 3 7/c nl
Yucn, K.Y., Chan, P.K., Peiris, M., Tsang, D.N-, Que, T.L,, Shortridgc, K.F., et al. (1998). Clinical fealures and
rapid viral <Jiagnosis ol''human disease associaled with avian influenza A H-5Nl vitus- Lancet,35l:46'l-471'
9
Staff Report P2009-006 regarding Animal Control By-law. (def...
Page 141 of 179
Staff Report P2009-006 regarding Animal Control By-law. (def...
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2@9.07.22 6.3 9050
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Cheque Register- 11105/2009
1012612009 I
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1012u¿o@ I
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00'1565 EMCO CORPORATION
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t0/302009 I
TRANSITION GASKET FOR IPS PIF 1OI23f2OO9 I
COPPERPIPE
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ßl23aOA9 I
v25.43
2.57
2.57
13.95 407452
148.79 @7452
162.74
43,202.73
43,202.73
205.66 007454
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1110u2009 I
105.02
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reimburse CREDITON SEWERACCT
23s.88
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Page 143 of 179
2009.07.22 6.3 9050
000217 |B|GROUP
2'16810
218966
CONSULTING FEES
FEASIBILITY STUDY
MUNICIPALITY OF BAYHAM
Accounts Payable
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Cheque Register - 11105/2009
1110512009 10:454M
10123t2009 I 2,5',t5.43 0074s8
10t23t2m9 I 1,109.85 007458
Cheque Amount - 3,625.28
OOO485 JUST PIPE & FITTING INC.
014602.2 WRAP COUPLER, PIPE
OOO5I8 KWK KOPY PRINTING
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OOI6I5 LIFTEC INDUSTRIAL
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10119t2009 r 3,653.19 007459
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1012912009 I 2U.20 007460
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11t0412009 r 60.00 007461
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BEACH WASHROOM CLEANTNG 10131t2009 I 930.00 007462
10t27t2009 I 317.10 007468
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000634 NEBS BUSINESS FORMS LIMITED
2091011¡185-7 LASER CHEQUES, ENVELOPES 1Ol2A2OOg I 630.49 007463
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OOO738 RANDALLUNTCH
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Page 144 of 179
2009.07.22 6.3 9050
OOO829 SPECTRUM COMMUNICATIONS LTD
0000374677
0000374678
MUNICIPALITY OF BAYHAM
Accounts Payable
Royal Bank
Cheque Register - 1110512009
Cheque Arnount -
1110512009 10:454M
REMOVED VOX FEATURE SET
INSALL NEW RADIO
10t2u2009
10t28t2009
1,432.20
47.46 007469
232.49 007469
OOO857 STRONGCO EQUIPMENT
966080 REBUILT PARKING BMKE
001482 SUN MEDIA CORPORATION
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OOO895 TILLSONBURG HOME BUILDING
859596 TISSUES
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't012912009 r
279.95
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10/09/2009 I
241.51
120.75 007471
Cheque Arnount -
10t2012009 I
120.75
22.46 007472
Cheque Arnount -22.46
25,853.94
258.30
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560.98 007474
OOO93O TSCSTORESL.P.
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1110112009 I
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DRIVEWAY SEALER, DETERGENT 1OI13I2OO9 I
Cheque Amount -
560.98
42.æ 007475
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't0t28t2009
1013012009
14.06
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1'U0312009 I
119.72
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Cheque Amount -30.00
Cheque Run Total -99,694.35
Page
Cheque Register being Cheque #7446 to Cheque #7521 inclusive...
Page 145 of 179
2009.07.22 6.3 9050 MUNICIPALITY OF BAYHAM
General Ledger
Posting Summary Trace: 010392 Report Date: l1105/2009
11105/2009 2:16PM
Accounts Payable Voided Cheque
Fiscal Year: 2009
PostedBy: SANDRA
Posting Pd.: l1 Posting Date: lll05/2009
0l{10G1030 General bank
01{10G1950 Accounb Pa¡rable Trade
CDIST busÍness name change
CDIST business name change
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THERRIEN'S EXCAVATIN
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THERRIEN'S EXCAVATIN
Total Debits
Total Credits
Net Posting
3,730.13
-3,730.13
3,730.13
-3.730.13
0.00
Page
Cheque Register being Cheque #7446 to Cheque #7521 inclusive...
Page 146 of 179
2009.07.22 6.3 9050
001616 GILLES THERRIEN BACKHOE SERVICE
413 WLSON DRAIN REPAIRS
MUNICIPALITY OF BAYHAM
Accounts Payable
Royal Bank
Cheque Register - 11lO5l2OOg
10t26tî¿009 I 3.730.13
lll0sl200g 2:29PM
Cheque Amount -3,730.13
Cheque Run Total -3,730.13
Page
Cheque Register being Cheque #7446 to Cheque #7521 inclusive...
Page 147 of 179
2009.07.22 6.3 9050
tires
OOOO91 BARRY R. CARD
212013-27
2120',l'+27
OOOO23 AAROCAGGREGATES LTD
J059514 GRAVEL
OOOO44 ALISARAGGREGATES INC
20033923 WNTER SAND
OOOO52 AMTELECOM COMMUNICATIONS
Nov 0060257907
Nov 0060341982
Nov @6O408229
Nov 00@493387
nov 5198744054
æ1337- AROUND ABOUT BAYHAM
Cheque Amount -
1013112009 I
Cheque Amount -
INTERNET - OFFICE 11lO1nOOg
INTERNET - EDISON MUSEUM 11IO1I2OO9
INTERNET - MARINE MUSEUM ,I1IO'II2OO9
INTERNET- GARAGE 11t0112009
TELEPHONE - INTERP CENTRE 1'IIO1I2OO9
Cheque Amount -
TIRE DISPOSAL 11106t2009 r
Cheque Amount -
10t31t2009 I 22,067.15 007480
22,067.15
3,523.02 007481
MUNICIPALITY OF BAYHAM
Accounts Payable
Royal Bank
Cheque Register - 11 11212009
ftoa2009
fi10a2009
Cheque Amount -
09129t2009
10115f2009
1011612009
Cheque Amount -
1111212009 2:17PM
I
I
I
I
I
3,523.02
85.00 007482
48.25 007482
48.25 007482
2830 007482
69.88 007482
LEGAL SERVICES
LEGAL SERVICES
60.90
1,080.98 00748/.
625.74 00748ø
279.68
60.90 007483
007,186
007487
007487
007489
OOO141 CAIN'SAUTO SALES & SERVICE
6834 LOF, REPAIR TAILC'ATE
6932 LOF, ROTATETIRES
6944 LOF, REPI-ACE AIR FILTER
0001 80 CHESTERMAT'I POV\IER PRODUCTS
I
I
I
1,706.72
789.43 007485
63.79 007485
62.88 0074{15
Cheque Amount-
51336 COLI.AR NUTS 't0116t2009 I
Cheque Amount -
000212 couNwoF ELGTN
INOOOO18I,I4 EMERGENCY MANAGEMENT 1OI31I2OO9
tN000018115 NoVEMBER'09POLICESERV|CES 11t0U2009
Cheque Amount -
001432 CULLIGAN
K0933350515
000218 GUPELOCAL35
Oct'09 remit
UNIT RENTAL 1110112009 I
1013112009 I
916.10
6.88
6.88
130.60
56,530.41
56,661.01
26.20 007488
26.20
382.98UNION DUES
Cheque Amount -382.98
Page
Cheque Register being Cheque #7446 to Cheque #7521 inclusive...
Page 148 of 179
2009.07.22 6.3 9050 MUNICIPALITY OF BAYHAM
Accounts Payable
Royal Bank
Cheque Register - 1111212009
OO1618 D.W. CONSTRUCTION
damage deposit REIMBURSE DEPOSIT 1110912009 I 320.00 007490
Cheque Amount -320.00
0@001 oPoc
057 POSTAGE 1111212009 r 1,0s0.00 007491
Cheque Amount - 1,050.00
OOO272 DYNAMIC FLUID PRODUCTS INC
f-9379r{ VALVES, TUBES, GRTNGS 11t%r2009 I 412.02 007492
f-938134 PARTS 11t05t2009 I 53.01 007492
f-93814{ CRtMpS, HOSES 11t%t2009 I 52.00 007492
ChequeAmount- 517.03
OOO299 ELGIN PURE WATER
0000154575 MONTHLY RENTAL 11t0212009 I 106.58 007493
ChequeAmount- 106.58
OOO322 EVANS UTILITY
0000135057 |NSERT STTFFENER 10t29t2009 I 90.40 007494
Cheque Amount - 90.40
OO1O27 GREEN LEAAGCENTERINC
OOOOOæ834 STREAMJETTIPS 10t3112009 I 38.96 007495
ChequeAmount- 38.96
OO1538 GROUND EFFECTS I.ANDSCAPE & DESIGN
282 CEMETERY CARE & i/ATNTENENC 10ß1/2009 I 1,827.OO 007496
Cheque Amount - 1,827.00
001258 HENNESSYGIBSON HOGAN
51976 LEGAL SERVTCES 11tMt2009 I 769.69 007497
Cheque Amount - 769.69
OO0/.27 HYDRO ONE NETWORKS INC
Nov 01181-23005 UTILITIES - INFO CENTRE 'l1rcA2OOg I 51.3S 007498
Nov 0657144066 UTILITIES - METER CHAMBER 1110412009 I 42.66 007498
Nov 1265G91004 UTILITIES - PUMP#8 11rcA2009 I 131.04 007498
Nov 1885G12458 UTILITIES - PB LIBRARY 11rcA2009 I 166.64 007498
Nov'1897144027 UTILITIES - METER CHAMBER 1110212009 I 38.08 007498
Nov2525ù12302 UTILITIES - PB OPP 11lOA20Og I 48.76 007498
Nov 2879940004 UTILITIES - PUMP#1 1110A2009 I 226.50 007498
Nov 34853{1007 UTILITIES - BEACH WASHROOMS 1110212009 I 124.20 007498
Nov 35795-43000 UTILITIES - PUMP#6 11l05l2j1g I 505.07 007498
Nov 43850-12451 UTILITIES - PB CENTEN PARK 1ilOA2jOg I 80.04 007498
Nov 50250-12458 UTILITIES - MARINE MUSEUM 1110212009 I I10.11 007498
1111212009 2:17PM
Page 2
Cheque Register being Cheque #7446 to Cheque #7521 inclusive...
Page 149 of 179
2009.07.22 6.3 9050 MUNICIPALITY OF BAYHAM
Accounts Payable
Royal Bank
Cheque Register - 1111212005
1111212009 2:17PM
Nov 5037G20077
Nov 56450-12330
Nov 62760-43000
Nov 62770-20225
Nov 68850-12275
Nov7525ù12272
Nov 8777ù20O12
Nov 9385G12278
Nov 9385G91019
NovO024G14793
Nov1897l-52001
000¿185 JUST PIPE & FITTING lNC.
o'|.46202-2
UTILITIES - VIENNA LIBRARY
UTILITIES - BOAT I.AUNCH
UTILITIES - E.C.C.
UTILITIES. VIENNA MEM PARK
UTILITIES - PB PUBLIC WORKS
UTILITIES - PB LIGHTHOUSE
UTILITIES - EDISON MUSEUM
UTILITIES - PB FIREHALL
UTILITIES - PUMP#7
UTILITIES - GARAGE
UTILITIES - BOOSTER PUMP
PIPE, COUPLER
FILTER
FILTERS
olL
GLO\ÆS, BRUSH, PRIMER
GLOVES
SEAL
RATCHET
lOPC SCREW EXT DRILL
TEFLON TAPE, PIPE
GASKET MAKER, TUNE UP
TAP PIPE
V-BELT
orL
't66.24 007498
52.48 007498
111.35 007498
113.08 007498
223.æ 007498
,14.03 007498
100.80 007498
145.92 007498
63.48 007498
336.67 007498
91.60 007498
11105t2009
1110212009
fi102r'2009
1110512009
1110412009
11t02t2009
1110212009
1110212009
11toa2009
11t06t2009
llo2n009
Cheque Amount -
10t1912ñ9 I
2,973.76
3,653.19 007499
OOO51O KI-ASSEN AUTO PARTS
1-40063
140105
140783
1-40835
141022
141120
14125',1
14't252
'141587
141645
142066
'142085
142't11
Cheque Amount -3,653.19
13.81 007500
94.51 007500
4,77 007500
63.09 007500
40j4 007500
5.54 007500
8.82 007500
5',t.97 007500
19.39 007500
27.78 007500
18.07 007500
4.89 007500
4.62 007500
10to2t2009
1010i/2009
't0113t2009
1011312009
1011512009
10/l6i/2009
10119t2009
1011912009
1012212009
1012312009
1012912009
10129120n€
1012912009
I
I
I
I
I
I
I
I
I
I
I
I
I
00133r r-AFLECHE ROOFTNG (1992) L|MTTED
0000009487 REPAIR ROOF. E.C.C.
000657 OMEGACONTRACTORS
4570901 PB WATERMAIN RENEWAL
000658 oMERS
04'100 Oct'09
Cheque Amount -
1011312009 r
357.40
392.39 00750'l
007502
007503
Cheque Amount -
1110212009 I
392.39
137,451.46
Cheque Amount -
10t31t2009 I
137,451.46
15,655.81OCTOBER'09 REMIT
Cheque Amount -15,655.81
Page
Cheque Register being Cheque #7446 to Cheque #7521 inclusive...
Page 150 of 179
2009.07.22 6.3 9050 MUNICIPALITY OF BAYHAM
Accounts Payable
Royal Bank
Cheque Register - 1 1l'1212009
000694 PAULGROENEVELD
purdrases - reimburs REIMBURSE PURCHASES 1111012009 I 317.48 007504
Cheque Amount - 317.48
001251 PK CONSTRUCTION INC
payment cert No 2 SEPTAGE RECEIMNG 1013112009 I 8'1,716.40 007505
Cheque Amount - 81,716.40
OOOTIO PORT BURWELL HOME HARDWARE
oARPENTRY SUNDRTES 1010112009 I 88.08 007506
111122009 2:17PM
1U02r'2009 t 4.74 007s06
10/08/2009 r 9.92 007s06
10/092009 r '19.31 007s06
1010912009 I 203.39 007506
'tot1sl2009 I 49.32 007506
1012612009 I 8.69 007506
1012612009 I 15.81 007506
10t2712009 t 21.46 007506
1012712009 I 40.67 007506
7324
7328
73/.5
73r',9
7350
73æ
7389
7390
7397
7398
PINS
PAILS
BATTERIES
INVERTER
CLEANERS
HANDLE
PUSHBUTTON LATCH
PADLOCKS
GARBAGE BAGS
Cheque Amount - 461.39
000716 PRAXAIR DISTRIBUTION
07807778 ACETYLENE 10t2712ú9 I 183.24 007507
' Cheque Amount - 183.24
0æ727 PUROI.ATOR COURIER LTD
406667434 COURTER SERMCE 10t3012009 I 94.06 007508
Cheque Amount - 94.06
OOO733 R&RREFRIGERATION
2875 ROOFTOP MATNTENANCE 1012312009 I 474.81 007509
Cheque A¡nount -474.81
o0't487 RtcK vlÆtsLER
r¡accine HEP B VACCINE 10t1612009 I 78.71 007510
Cheque Amount - 78.71
001617 ROBERTCERNA
reimburse ENFORCEMENT COSTS 1110512009 I 150.00 007511
Cheque Amount - 150.00
001619 RONATILLSONBURG
1-20115e4 BOARDS 1013012009 I 99.64 007512
Cheque Amount- 99.64
OO1I06 SIEMENS WATER TECHNOLOGIES
1040402 BtoxtDE 10/08/2009 I 3,352.71 007513
Page 4
Cheque Register being Cheque #7446 to Cheque #7521 inclusive...
Page 151 of 179
2009.07.22 6.3 9050 MUNICIPALITY OF BAYHAM
Accounts Payable
Royal Bank
Cheque Register - 11 /1212009
BIOXIDE 10to212009 I 3.2:96.21 007513
Cheque Amount - 6,648.92
OOO857 STRONGCO EQUIPMENT
969560 INSTALL BRAKE PADS 11t0512009 I 928.70 007514
Cheque Amount - 928.70
OO1OO2 TILLSONBURG FIRE & SAFEW EQUIPMENT
12729 INSPECT CYINDERS 1012912æ9 I 53.73 007515
Cheque Amount -53.73
OOO9IO TOWNOFAYLMER
FHT FHTPLEDGE
OOO93O TSCSTORESL.P.
181015937 HOSES
1',U06t2009 I 250.00 007516
10/09/2009 I 83.60 007517
ChequeAmount- 83.60
OOæ32 UNDERHILL FARM SUPPLY LTD
212329 l-Awl,t SEED '10/09/2009 I 188.53 007518
Cheque Amount -
OOO953 VIENNAHOME CENTERLTD
10to2l2cF,9 I 48.58 007519
ßß712009 I 32.01 007519
cHAtN. HOOKS, SCREWS 1o/08t2009 I 281.46 007519
ßlßr2æ9 I 107.04 007519
10t2012009 I 20.33 007519
10t2012009 I 149.14 007519
'tot21t2009 I 9.93 007519
10t2812009 I 16.94 007519
10/30/2009 I 22.58 007519
Cheque Amount- 250.00
1111212009 2!l7PM
t040873
188.53
3/.3926
u4'133
344178
344323
uÆ19
344621
u4679
344963
345045
SPRAYER
POSTS
POSTS
EXTENSION CORD
CEILING TILE
CUTTING KNIFE
CONSTRUCTION LINE
BITS, POSTS
ChequeAmount- 688.01
OOO957 VOTH SALES &SERVICE LTD
ooool81377 cAps, STA|NLESS NUT COVERS 1012912009 I 174.æ 007520
Cheque Amount - 174.æ
000986 WORKPIáCE SAFETY& INSURANCE
1625314 c)cfog oCTOBER',O9 REMIT ',10t3112009 I 1,862.24 007521
Cheque Amount - 1,862.24
Cheque Run Total - 345,288.45
Page 5
Cheque Register being Cheque #7446 to Cheque #7521 inclusive...
Page 152 of 179
co6
STRAFFoRDVILLE "_ffiäË" BOARD MEETING q
Tuesday November 10rb, 2009
Meeting of the Straffordville Cemetery Board was held at Straffordville Fire hall. Members present were Chairman
Perry Grant, Brent Stewart, Murray Wisson, Al Stewart, Jerry Taylor, William Underhill and Francis Underhill.
Regrets - Joe Neville.
Meeting called to order by Chairman Perry Grant at7:25 pm.
1. BUSII\TESS
The chairman called the meeting to review with board members the recent passing of Carl Biro and to decide a
course of action for his replacement on the board and duties at the cemetery. After discussion by all members
Perry Grant put forth Jim Tait of Eden expressed interest in joining the board and taking the duties at the
cemetery previously looked after by Carl Biro.
Motion: "Straffordville Cemetery Board recommends Jim Tait be appointed to the board to assume the
duties of secretary-treasurer previously held by Carl Biro."
Moved by Brent Stewart
Seconded by Jerry Taylor
Carried
2. APPOINTMENT OF BOARD MEMBERS FOR YEAR 2010.
"The appointment of the board members for the Year 2010 be as follows"
1 Year 2010 2Yesr20l0 3 Year 2010
Gerald Taylor Brent Stewart Joe Neville
William Underhill Perry Grant Murray Wisson
Al Stewart Francis Underhill Jim Tait
"The following members seruing the second term of a two year term"
Perry Grant Chairman
Brent Stewart l't Vice-Chairman
Murray Wisson 2od Vice-Chairman
Propose this Accepted.
3. OTIIERITEMS.
Perry Grant requested a reminder to Lynda Millard that a recognition letter needs to be sent to Al Stewart in
confirmation of appointment to the Sfraffordville Cemetery Board.
4. ADJOTIRNMENT.
Motion: Meeting adjourned at 8:00 pm
Moved by William Underhill
Second by Jerry Taylor
Carried.
Minutes as taken by Francis Underhill November 10,2009
Straffordville Cemetery Board minutes of meeting held Novemb...
Page 153 of 179
THE CORPORATION OF THE MT'NICIPALITY OF BAYHA.M
BY-LAW NO.2009-129
BEING A BY.LAW TO AMEND BY-LAW 2009.006
A BY.LAW APPOINTING MEMBERS TO
BOARDS AND COMMITTEES OF'TIIE MTJNICIPALITY
WIIEREAS the Council of the Municþality of Baytram did by By-law 2009-006 appoint persons to
Boards and Committees for the purposes of the Corporation;
AI\D WIIEREAS the Council of the Corporation of the Municipality of Bayham did by By-laws
2009-074,2009-092 and 2009-099 amend By-law 2009-006;
AND WHEREAS the Council of the Corporation of the Municipality of Bayham deems it necessary to
fi¡rther ame,nd such byJaw;
NOW TIIEREF'ORE THE COT]NCIL OF TIIF', CORPORATION OF THE MTJMCIPALITY
OF BAYHAM ENACTS AS FOLLOWS:
1. TIIAT the name Carl Biro be removed as a me,mber of the Süaffordville Cemetery Committee;
2. THÄT the name Jim Tait be added as a me,nrber of the Süaffordville Cemete'ry Committee;
3. THAT in all other respects, ByJaw 2009-006, as amended, is hereby confirmed and remains
unchanged;
4. Al[D THAT this byJaw shall come into force and take effect upon final passing.
READ A FIRsr, sEcoND AI\D THIRD TIME AND FINALLY PAssED Trrrs 19ffi DAY
OFNOVEMBER 2009.
MAYOR CLERK
Straffordville Cemetery Board minutes of meeting held Novemb...
Page 154 of 179
THE CORPORATION OF
THE MT]NICIPALITY OF BAYHAM
BY-LAW 2009471
Being a By-law to Regulate and Control Animals
WHEREAS Section l l, of the Municipal Acl, S.O. 2001,c. 25, as amended, authorizes local
municipalities to pass by-laws respecting matters with Health and Safety and wellbeing of persons and
matters respecting animals;
AND WHEREAS the Council of The Corporation of the Municipality of Bayham deems it desirable to
pass a by-law regulating or prohibiting the being at large or trespassing of animals, provide for the
seizure and impounding of animals being at large or trespassing contrary to the byJaw and for the sale
of impounded animals;
NO\il THEREFORE, the Council of The Corporation of the Municipality of Bayham enacts as
follows:
SIIORT TITLE:
This ByJaw maybe cited as the "Animal Control By-law".
Part 1
1 DEFINITIONS:
ln this By-law,
1.1 "Animal" means any member of the animal kingdom other tfian a human, but does not include
dogs, cats or fish;
1.2 "By-law Enforcement OfÏicer" means an officer or designate, who is appointed by Council and
whose duties include the enforcement of this By-law;
1.3 "Corporation" shall mean The Corporation of the Municipality of Bayham;
' 1.4 "Council" shall mean the Council of The Corporation of the Municipality of Bayham;
1.5 'ú)wslling Unit" shall mean a single room or series of rooms of complementary use which are
located in a building in which food preparation, eating, living, sleeping and sanitary facilities are
provided for the exclusive use of the occupants thereof; which has a private entrance directly
from outside the building or from a commonhallway or stairway inside the building; and in
which all occupants have access to all the habitable areas and facilities of the unit.
By-Law 2009-071 A By-Law to Regulate and Control Animals...
Page 155 of 179
Animal Control By-law Municipality of Bayham
1.6 "Keep" shall mean owns, possesses or harbours; and "keqls" shall have the same meaning.
1.7 "Owner' includes a person who keeps, possesses or harbours an animal and where the owner is
a minor, the person responsible for the custody of the minor;
1.8 '6Pet Shop" shall mean an establishment engaged in the retail sales of animals.
l.g "Pet Shopkeepei" shall mean a person who has the charge, care or ownership of a pet shop.
l.l0 "Premises" includes the entire lot on which a single dwelling unit is situate; or a dwelling unit
within a multi-dwelling unit building, but does not include coÍrmon areas adjacent to a multi-
dwelling unit unless those common areas are completely enclosed.
1.11 r'schedules" means the schedules attached to this byJaw which may be amended, added to or
deleted from time-to-time and which Schedules shall form part of this byJaw;
7.12 "Seryice or companion animal" means an animal is a service animal for a person with a
disability(a) if it is a guide dog as defined in section lof the Blind Persons Rights'Act.
(b) if it is readily apparent that the animal is used by the person for reasons relating to his or
her disability; or
(c) if the person provides a letter from a physician or nurse confirming that the person
requires the animal for reasons relating to the disability. (Accessibility.for Ontarians with
Disabílitíes Act, 2005 - O. Reg. 42917 ss4(8) & (9))
1.13 ttUrban Area" means any lands designated as "Hamlet" shown on Schedule 41, and lands
within the boundaries as shown on Schedules B, C and D of the Ofñcial Plan of the Corporation
of the Municipality of Bayham.
Part2
Classes of Animals
Animals shall be ranked according to the classes set out in this Part of this By-law.
"Class I animal" shall mean cow, goat, all swine and sheep;
"Class 2 atrdrmal" shall mean horse, pony, donkey and mule;
"Class 3 animal" shall mean chicken, goose, turkey, duck, pigeons or other fowl, domestic or
otherwise;
2.4 "Class 4 animal" shall mean homing, pouter, racing or tumbler pigeons;
2.t
2.2
2.3
By-Law 2009-071 A By-Law to Regulate and Control Animals...
Page 156 of 179
Animal Control By-law Municipality of Bayham
2.5 "Class 5 animal" shall mean guinea pig, hamster, mouse, rat, rabbit, chinchilla, ferrets and turtle
with a shell20 cantimeters (8 inches) in diameter or less;
2.6 "Class 6 animal" shall mean non-venomous snakes, non-vsnomous lizards and non-venomous
spiders;
2.7 "Class 7 animal" shall mean any animal of a tlpe that is normally found in a wild and natural
state, whether or not it has been bred and/or raised in captivity and includes but is not limited to
bear, wolf, coyoie, crocodile, alligator, bobcat, lynx, mountain lion, cougar, lion, monke¡ fox,
skunk, kangaroo, eagle, hawk, elephant, weasel, raccoon, venomous lizard, venomous snake,
venomous spider, all birds the keeping of which is prohibited in the Endangered Species Act,
S.O. 2007, C.6, and regulations thereto and all animals the keeping of which is prohibited in the
Fish and Wildlife Conservation Act,1997 aúregulations thereto.
Part 3
3 Application of By-law Exemptions
3.1 This ByJaw shall not apply to an animal hospital, clinic or boarding kennel operated by a duly
qualified veterinarian; where all animals are kept within a brick, stone or concrete building.
3.2 This ByJaw shall not apply to animals maintained in a public park, zoo, fair, exhibition or circus
operated or licensed by a municipal or other government authority.
3.3 This ByJaw shall not apply to those persons or organizations designated by Council as Animal
Control Of,ñcer, Canine Control Officer and/or Pound Keeper.
3.4 This By-law shall not apply to persons licensed by the Province of Ontario as a Wildlife
Custodian and/or Foster Parent for orphaned animals such as squirrels, chipmunks, raccoons,
opossums, skunks, ground hogs and small birds, excluding hrwks and eagles.
3.5 The right to keql, harbour or possess a prohibited animal pursuant to this provision expires when
the said animal dies or is removed from the premises.
3.6 Section 3.5 shall only apply to a prohibite.d animal pursuant to this ByJaw providing the owner
registers the prohibited animal with the Municipality on or before December 37,2009.
. 3.7 This By-law shall not apply to owners of a Service or Companion Animal.
By-Law 2009-071 A By-Law to Regulate and Control Animals...
Page 157 of 179
Animal Control ByJaw Municipality of Bayham
Part 4
4 Prohibited Matters
4.1 No person shall permit an animal to run at large.
4.2 No person shall permit any animal to trespass on anyproperty.
4.3 Notwithstanding'any of the provisions of this bylaw, no person shall keep any animal, the
keeping of which is not permitted under any statute of Ontario or Canada.
4.4 No pet shopkeeper shall keep or permit to be kept in anypet shop, an animal of a class, the
keeping of which is prohibited by the byJaw.
Part 5
5 Class l Animal (cow, goat, all swine and sheep)
5.1 No person shall keep a Class 1 animal within an Urban Area of the Municipality of Bayham.
Part 6
6 Class 2 Animal (horse, pony, donkey and mule)
6.1 No person shall keep a Class 2 animalwithin an Urban Area of the Municipalþ of Bayham.
PartT .
7 Class 3 Animal (chicken, goose, turkey, duck, or other fowl domestic or otherwise)
6.1 No person shall kee,p a Class 3 animal within an Urban Area of the Municipality of Bayham.
Part 8
I Class 4 Animal (homing, pouter, racing or tumblerpigeons)
8.1 No owner of a Class 4 animal shall keep more than forty (40) banded Class 4 animals on a
premise located in an Urban Area of the Municþality of Bayham between October of one year
and March of the following year.
By-Law 2009-071 A By-Law to Regulate and Control Animals...
Page 158 of 179
Animal Control ByJaw Municipality of Bayham
8.2 No owner of a Class 4 animal shall keep more than sixty (60) banded Class 4 animals on a
premise located in an Urban Area of the Municipality of Bayham between April and October of
any year.
8.3 No owner shall keep more than two (2) unbanded Class 4 animals at anytime.
8.4 Except as othetwise provided in this ByJaw all Class 4 animals kept within the municipal
boundaries of the Municipality of Bayham shall be confined to abuilding, structure, coop, loft,
pen or run which shall meet the requirements set out in sections 8.5 to 8.14 of this Part.
8.5 Every building, structure, coop, loft, pen or run in which Class 4 animals are kept shall have a
height of not less than 1.5 meters and a floor area of not less than 1.25 square metres for each
pair of pigeons therein.
8.6 Every building, structure, coop, loft, pen or run in which Class 4 animals are kept shall have
adequate ventilation having regard to the number of pigeons kept therein.
8.7 Everybuilding, structure, coop, loft, pen or run in which Class 4 animals are kept shall have a
clear space between the ground and the underside of the floor of not less than 30 centimetres.
8.8 Every building, structure, coop, loft, pen or run in which Class 4 animals are kept shall have a
floor with a surface which is impervious to moisture.
8.9 Everybuilding, structure, coop, loft, pen or run in which Class 4 animals are kept shall be
maintained by regular painting of the exterior or by permanent siding, and all loft equipment
shall be kept under cover.
8.10 Every building, structure, coop, loft, pen or run in which Class 4 animals are kept shall be
located a minimum of twelve (12) metres from any school, church, public hall, store, dwelling or
premises used for human habitation, other than premises occupied exclusively by the owner or
keeper of such animals ormembers of his/her immediate family.
8.1I Every building, structure, coop, loft, pen or run in which Cla¡s 4 animals are kept shall be
located a minimum of three (3) metres from the boundary line between the owner's property and
all adjacent property.
8.12 Every owner keeping Class 4 animals shall lime-wash, paint or disinfect the inside walls and
ceilings of all buildings, structures, lofts, pens, coops or runs, (other than an'outside run enclosed
only with wire), at least twice a year.
8.13 Every owner keeping Class 4 animals shall remove and dispose of in a sanitary manner at least
twice each week, all pigeon droppings, refuse and dropped or scattered feed within or adjacent to
all such buildings, structures, coops, lofts, pens or nrns, including outside runs enclosed only
with wire, provided, however, that this regulation shall not apply when below freezing
temperafures prevent removal and disposal.
8.14 Every owner keeping Class 4 animals shall store all feed in rodent-proof containers.
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Animal Control Bylaw Municipality of Bayham
8.15 Every owner keeping Class 4 animals shall take all reasonable measures to prevent such animals
from trespassing on any land, except as otherwise provided in this By-law.
8.16 Class 4 animals shall be kept enclosed at all times, except during a maximum of two flight
periods daily, when no more than half the total numberof animals of the class being kept by any
one owner shall be atlarge at any one time and such flights shall be govemed by the regulations
set out in sections 8.17 to 8.19 of this Part.
8.17 During the period from April I to September 30 of an y yeú,all flights shall take place before
9:00 o'clock in the morning or after 5:00 o'clock in the afternoon.
8. 1 8 During the period from October 1 of one year to March 3 I of the following year, all flights shall
take place before 10:00 o'clock in the morning or after 3:00 o'clock in the afternoon.
8.19 All flights shall take place under the supervision of the owner of such animal or a competent
person on his behalf.
8.20 When a bona fide flight is conducted by an organization recognized by a Council resolution, the
regulations set out in sections 8.16 to 8.19 of this Part do not apply.
8.21 In this Part the term "flight" shall mean an animal under this Part is airborne and the distance of
travel exceeds the boundary of the property where the animal is kept, harboured or possessed.
Part 9
9 Class 5 Animat (guinea pig, hamster, mouse, rat, rabbit, chinchill4 ferrets and turtle with a shell
20 centimeters (8 inches) in diameter or less)
9.1 No owner shall keep more than two (2) Class 5 animals in an urban area in the Municipality of
Bayham.
9.2 The new born or young of any Class 5 animal may be kept for a period not exceeding two (2)
months afterbirth.
9.3 No owner shall keep a turtle with a shell larger than 20 centimetres (8 inches) in diameter within
an Urban Area of the municþality.
Part 10
10 Class 6 Animal (non-venomous snakes, non-venomous lizards and non-venomous spiders)
10.1 No owner shall keep more than two (2) Class 6 animals in an urban area in the Municipality of
Bayham.
6
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Animal Control By-law Municipality of Bayham
10.2 No owner shall keep a non-venomous snake that exceeds on overall length of 60.96 centimetres
(24 inches).
10.3 No owner shall keep anon-venomous lizardthat exceeds an overall length of 30.48 centimetres
(12 inches).
Part 11
11 Class 7 Animal (b"*, wolf, lion, bobcat, cougar, tiger, lynx, ocelot, wildcat, pum4 crocodile,
alligator, venomous snake, constricting snake, venomous lizard,venomous spider)
11.1 No owner shall keep a Class 7 animal within the Municipality of Bayham.
Part12
12 Enforcement
12.1 In the event of any conflict between the provisions of this By-law and any other general or
special byJaw, the provisions of this ByJaw shall prevail.
I2.2 For the purpose of this By-law, the ByJaw Enforcement Officer may enter onto any public
propertyor may enter onto any private property and þto the structures threreon with the consent
ofthe owner or occupant.
I2.3 The ByJaw Enforcement Offrcer may commence a proceeding in Provincial Offences Court by
filing a Certificate of Offence or Information/Summòns.
L2.4 It is declared notwithstanding that any section of this By-law or part thereof may be found by a
court of competent jurisdictión to be invalid unenforceable or ultra vi¡es than such section shall
conclusively be deemed to be servable and all other sections or parts of this By-law are separate
and independent there from and enacted as such.
12.6 In ftis By-law, unless the contrary intention appears, words impor-ting only singular number_or
masculine gender shall include more persons, parties or things of the same kind than one and the
feminine or neuter gender.
Part 13
13 Offence
13.1 Every person who contravenes any provision of this ByJaw is guilty of an offence and on
conviction is liable to a fine as provided for in the Provincial Affences Act.
I3.2 The Court in which the conviction has been entered, and any court of competent jurisdiction
ttrereafter, may make an order prohibiting the continuation or repetition of the offence by the
person convicted, and such an order shall be in addition to any other penalty imposed on the
person convicted.
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Animal Conhol By-law Municipality of Bayham
13.3 Each day during which there is a breach of this By-law shall be regarded as a separate and
distinct óffence-and any person, who continues in breach of this By-law, may be charged for each
sep¿uate day during the continuation of the offence.
ParJ14
14 Enactment and Repeals
t4.l This By-law shall come into full force and effect upon final passing.
14.2 The following By-laws are repealed upon enactment of this ByJaw:
amended, being a By-law to Regulate and Control Dogs
READ A FIRST AND SECOND TIME this day of ,2009.
Mayor .Clerk
READ A THIRD TIME AND PASSED this day of ,2009.
Mayor Clerk
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TIIE CORPORATION OF THE
MI]NICIPALITY OF BAYIIAM
BY-LA\ü NO.2009-127
BEING A BY.LA\il TO AUTHORIZE THE
EXECUTION OF A SITE PLAN AGREEMENT
\ilITII MAX T]NDERIIILL'S FARM SUPPLY LIMITED
\ilHEREAS subsectionalQ) of the Planning Act, R.S.O. 1990 Chapter P.13 provides in
part that where in an official plan an area is shown or described as a proposed site plan
control area, the council of the local municipality in which the proposed area is situate
ma5 by byJaw, designate the whole or any part of such area as a site plan control area.
AND WHEREAS the Municipality of Bayham has enacted a Site Plan Control Area By-
law pursuant to Section 41 of the said Planning Act.
AND WHEREAS subsection 4l (4) of the said Planning Act provides in part that no
person shall undertake any development in an area designated under subsection (2) unless
the council of the municipality or, where a referral has been made under subsection (12),
the Municipal Board has approved one or both, as the council may determine, of the
following:
l. Plans showing the location of all buildings and stn¡ctures to be erected and
showing the location of all facilities and works to be provided in conjunction
therewith and of all facilities and works required under clause (7) (a).
AND WHEREAS the Council of the Corporation of the Municipality of Bayham now
deems it necessary enter into a site plan agreement with Max Underhill's Farm Supply
Limited.
NOW TIIEREFORE TIIE COT]NCIL OF THE CORPORATION OF TIIE
MTTNICIPALITY OF BAYIIAM ENACTS AS FOLLOWS:
1. TIIAT the Mayor and Clerk be and they are hereby authorized and directed to
execute the Site Plan Agreement between the Corporation of the Municipality of
Bayham and Mor Underhill's Farm Supply Limited affixed hereto and forming
part of this By-law as Schedule"A".
2. THAT the executed agreement shall be registered at the owner's expense under
the proper Land Titles Registry.
READ A FIRST AND SECOND TIME this 19th day of November 2009.
READ A THIRD TIME AND FINALLY PASSED this 19th day of November 2009.
MAYOR CLERI(
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SCHEDULE 664'' TO BY.LAW 2OO9-I27
SITE PLAN AGREEMENT
BETWEEN
MAX UNDERIIILL'S FARM SUPPLY LIMITEI)
56532 Calton Line
South Part Lots 17 & 18 Concession 5
Roll # 34-01-000-003-05301
AND
THE CORPORATION OF THE MT]NICIPALITY OF BAYHAM
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THIS AGREEMENT made this _ day of 2009.
BETWEEN:
MAX UNDERHILL'S FARM SUPPLY LIMITED
Hereinafter called the'(OW\ER"
OF THE FIRST PART
. AND.
THE CORPORATION OF THE
MUNICIPALITY OF BAYHAM
Hereinafter called the (MUNICIPALITY"
OF THE SECOND PART
WHEREAS the Owner is the owner in fee simple of the lands situate in the Municipality of
Bayham, in the County of Elgin being South Part of Lots 17 & 18, Concession 5, more particularly
described in Attachment "4" attached hereto (and hereafter referred to as the "Lands");
AND \ryHEREAS the Off,rcial Plan of the Municipality of Bayham in effect, designates the entirety
of the Municipality as a site plan control area;
AND WHEREAS the Owner intends to develop the lands in accordance with the Site Plan attached
hereto, as Attachment "C" (and hereafter referred to as the ttPlantt);
AND \ryHEREAS the Council of the Corporation of the Municipality of Bayham now deems it
necessary to enter into a site plan agreement with Max Underhill's Farm Supply Limited.
NO\il THEREFORE in consideration of other good and valuable consideration and the sum of
Two Dollars ($2.00) of lawful money of Canada by each to the other paid (the receipt whereof is
acknowledged by each), the Owner hereby covenants and agrees with the Municipality as follows:
1. The Owner agrees that no building permit will be available until the Plan has been approved
by the Municipality, and further agrees that work will not commence prior to the issuance of
the building permit.
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2. The following Attachments, which are identified by the signatures of the parties to this
Agreement, and which are attached hereto, are hereby made a part of this Agreement, as
fully and to all intents and purposes as though recited in full herein:
ATTACHMENT "A" _ LEGAL DESCRIPTION OF SUBJECT LANDS
ATTACHMENT "B" - CERTIFICATE OF COMPLIANCE
ATTACHMENT "C'' - SITE PLAN AND SITE SERVICING PLAN
3. Attachment "A" hereto describes the lands affected by this Agreement.
4. Attachment "C" - Site Plan and Site Servicing Plan, shows:
a) the location and height of all buildings and structures to be erected;
b) the location of vehicular entrances and exits;
c) the location and provision of off-street vehicular loading and parking facilities,
including driveways for emergency vehicles;
d) walkways and all other means of pedestrian access;
e) the location and provision of fences, trees and all ground cover or facilities for
landscaping the lands and protecting the adjoining lands and shows the lighting
including flood lighting, of the land or any building or structure thereon;
Ð the location and provision for the collection and storage of garbage and other waste
material
g) lot grading information, indicating overland flow to and from adjacent properties,
collection and disposal of surface water and storm water management (if deemed
necessary by the Municipality);
h) location of utilities within the road allowance and site connections to these utilities;
Ð building finished floor elevations;
j) other information as required by the Municipality
5. The Owner agrses that the building or buildings will be erected in accordance with the
plan(s) approved, subject only to such changes as have received advance approval.
6. The Owner agrees that the site development and servicing will be in accordance with the
plan(s) as approved, subject only to such changes as have received advance approval.
7. The Owner further agrees that:
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a)
b)
final grades and elevations will be established to the satisfaction of the Municipality.
The Owner will provide proof of final grades and elevations certified by a
professional land surveyor or civil engineer, prior to the final release of the Letter of
Credit.
all necessary provisions for service connections on site will be made to the
satisfaction of the Municipality.
c) construction work will be carried forward expeditiously in good and workmanlike
manner, in accordance with good trade practice and so to cause a minimum of
nuisance.
all necessary precautions to avoid dust, noise and other nuisance and to provide for
the public safety will, so far as possible, be taken and which comply with The
Construction Safe ty Act.
all necessary carc will be taken to see that mud and soil is not tracked or spilled onto
any public street, and where such tracking occurs, the street shall be cleaned at the
end of each working day.
garbage disposal facilities will be an enclosed type located as shown on the Site Plan
designed in a manner satisfactory to the Municipality.
unless otherwise provided, all parking lots and walkways will be finished with hot-
mix asphalt, concrete or paving stones to the satisfaction of the Municipality and
have permanent bumper curbing along all parking areas that abut the property limits.
no topsoil shall be stockpiled on any other portion of the Owner's lands except those
lands identified in Attachment "4" to this agreement; and all topsoil shall be
stockpiled and maintained in a manner which allows for the maintenance of weeds;
and the Municipality may go in and do the same at the Owner's expense, and collect
the cost in like manner either as municipal taxes or from the Letter of Credit
deposited as performance security.
stock-piling of snow will not be allowed on the site where it will constitute ahazard
in the opinion of the Municipality.
the electrical servicing of the property shall be subject to the approval of Hydro One.
upon failure by the Owner to do any act during the development period herein, that
the public safety or convenience requires, in accordance with this Agreement, upon
seven (7) days written notice, the Municipality, in addition to any other remedy, may
s)
h)
d)
e)
i)
i)
k)
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go in and do same at the Owner's expense, and collect the cost in like manner either
as municipal taxes or from the Letter of Credit deposited as performance security.
l) the Municipahty may treat any breach of this Agreement as a breach of the Building
By-Law, and upon twenty-four Q\ hours written notice to the Owner, stop work
until the breach is rectified.
m) nothing in this Agreement constitutes waiver of the owner's duty to comply with any
by-law of the Municipality or any other law.
8. The Owner shall:
a) be responsible for consulting with Hydro One regarding any matters that relate to
services provided by Hydro One.
9. The Owner shall be responsible for consulting with and obtaining any necessary approval
from all regulatory bodies such as, but not limited to, the Long Point Region Conservation
Authority, the Ministry of the Environment and the County of Elgin.
10. The Owner shall satisff all the requirements in relation to the fire protection for the
building(s) to the satisfaction of the Municipality's Fire Chief.
1 l. The Owner agrees to pay for damages to public property including but not limited to
municipal drain, ditches, street surfaces, sidewalks, storm and sanitary sewer systems, which
may occur during the period of construction. Any such repair may be undertaken by the
Municipality at the expense of the Owner, within thirty (30) days notice.
12. Any and all lighting shall be installed and maintained so as to not, in the opinion of the
Municipality, interfere with the use or enjoyment of adjacent properties, or with the safe
flow of traffic on abutting or adjacent streets.
13. The Owner shall landscape and maintain plants and ground cover acceptable to the
Municipality, on those lands so indicated on the Site Plan, Attachment "C".
14. If the Ontario Building Code requires that an Architect or Professional Engineer or both,
shall be responsible for the field review of any new building or extension, provided for in
this Agreement, the Owner shall not occupy or use or permit to be occupied or used, any
said new building or extension, until after an Architect or Professional Engineer has given to
the Municipality, a letter addressed to the Municipality, and signed by the said Architect or
Professional Engineer, certifuing that all construction and/or services on or in the said lands,
required for this development or redevelopment, newly installed by the Owner in connection
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with this development or redevelopment, have been installed and/or constructed in a manner
satisfactory to the Architect or Professional Engineer.
15. The Municipality, through its servants, officers and agents, including it's Chief Building
Official, Fire Chief, and Municipal Engineet, may, from time to time, and at any time, enter
on the premises of the Owner to inspect:
a) the progress of development;
b) the state of maintenance as provided for in this Agreement.
16.In the event of any servant, officer or agent of the Municipality, determining, upon
inspection, that the development is not proceeding in the strict accord with the plans and
specifications filed, such servant, officer or agent shall forthwith, place a notice requiring all
work to be stopped upon the premises and forward a copy, by registered mail, to the Owner
at the last known address, on the last revised assessment roll, and the Owner shall forthwith
correct the deficiency or deviation.
lT.lnthe event of any servant, officer or agent of the Municipality, upon inspection, be of the
opinion that the state of maintenance is not satisfactory, such servant, officer or agent shall
forthwith, forward notice of such opinion, by registered mail, to the Owner, at the last
known address, and the Owner shall forthwith correct the deficiency or appeal to the
Council of the Municipality of Bayham, as hereinafter provided.
18.In the event that the Owner should disagree with the opinion of the servant, officer or agent
of the Municipality, as to the state of maintenance, such Owner shall appear before the
Council of the Municipality of Bayham, which after hearing the Owner, shall express its
opinion as to whether the maintenance is satisfactory, by resolution, which shall constitute a
final determination of the matter.
19.In the event that the Owner shall fail to obey a stop work order issued under Section 17
hereof, the Owner recognizes the right of the Municipality to apply to the Courts for a
restraining order.
2}.Inthe event that an Owner shall fail to correct a deviation or deficiency after notice pursuant
to Section 17 or after notice of an opinion, which the Council of the Municipality of
Bayham determines is correct, under Section 17, the Council of the Municipality of
Bayham, may by by-law, direct, on default of the matter or thing being done by the Owner,
after two (2) week's notice, to it by registered mail, at the last known address of the Owner,
pursuant to the last revised assessment roll of passage of such By-Law, that such matter or
thing be done by the Municipality, at the expense of the Owner, which expense may be
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recoverable by action as municipal taxes, or from the Letter of Credit deposited as
performance security.
21. Unless otherwise authorized, in the event of the Owner wishing to change at arry time, the
buildings, structures or facilities described in Attachment "C", it shall make application to
the Council of the Municipality of Bayham, for approval, and shall not proceed with such
change until approval is given by such Council, or in default by The Ontario Municipal
Board, under the procedure set out in Section 41 of The Planning Act,1990, herein before
referred to.
22.The Owner agrees to pay to the Municipality all administration costs incurred in connection
with this Agreement, and the fulfillment of this Agreement, including legal, engineering and
inspection costs.
23. LIABILITY INSURANCE
Before commencing any of the work provided for herein, the Owner shall supply the
Municipality with a Liabilþ Insurance policy in the amount of $2,000,000 per occurrence,
and in a form satisfactory to the Municipality, indemniffing the Municipality from any loss
arising from claims for damages injury or otherwise, in connection with the work done by or
on behalf of the owner of the development. The said policy shall be provided at the time of
the signing of the Agreement and remain in force, until the development is complete and all
required documentation as per Article 15 has been filed with the Municipality.
24. PERFORMANCE GUARANTEE
The Owner hereby defines the completion date of this Agreement and project to be on or
before November 19. 2010. It will be the Owner's responsibility to require, in writing, an
extension to this agreementþroject, within sixty (60) days of the above stated completion
date, should an extension be required.
As security for the performance and completion of all works required by this agreement, the
Owner shall supply the Municipality with a Letter of Credit, equal to
$ nil . The Letter of Credit will be based on the estimated cost ot
alterations to public property, roadway, curbs and gutters and drains, and any repairs for
damages to public property, roadway, sidewalks, curbs and gutters and drains, plus all site
specific components as defined by the Site Plan and Site Servicing Plan, "Attachment "C",
which are approved under this Agreement. The amount of the Letter of Credit shall be
established by the Municipality. The irrevocable Letter of Credit from a Chartered Bank
expressed to be pursuant to this Agreement and payable to the Municipalify at any time or in
part, from time to time, upon written notice from the Municipality, shall be provided at the
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time of signing of this Agreement, and shall remain in force, until Twelve (12) months
following the completion of this project.
25. This Agreement and the provisions thereof, do not give to the Owner or any person
acquiring any interest in the said lands any rights against the Municipality with respect to
the failure of the Owner to perform or fully perform any of its obligations under this
Agreement or any negligence of the Owner in its perfonnance of the said obligations.
26.lnthe event that no construction on the said lands has commenced within one (l) year from
the date of registration of this Agreement the Municipality may, at its option, on one
month's notice to the owner, declare this Agreement to be subject to re-negotiation,
whereupon the Owner agrees that it will not undertake any construction on the said lands
until this Agreement has been re- negotiated.
27 . The Owner agrees that it will not call into question, directly or indirectly in any proceeding
whatsoever in law or in equity or before any administrative tribunal the right of the
Municipality to enter into this Agreement and to enforce each and every term, covenant and
condition herein contained and this Agreement may be pleaded as an estoppels against the
Owner in any case.
28. The Owner agrees on behalf of themselves, their heirs, executors, administrators and
assigns, to save harmless and indemnify the Municipality, from all losses, damages, costs,
charges and expenses which may be claimed or recovered against the Municipality by any
person or persons arising either directly or indirectly as a result of any action taken by the
Owner, pursuant to this Agreement.
29.All facilities and matters required by this Agreement shall be provided and maintained by
the Owner at its sole risk and expense to the satisfaction of the Municipality and in
accordance with the standards determined by the Municipality and in default thereot and
without limiting other remedies available to the Municipality, the provisions of Section 326
of The Municipal lcr, R.S.O. 1990, shall apply.
30. This Agreement shall be registered at the expense of the Owner, against the land to which it
applies, and the Municipality shall be entitled, subject to the provisions of The Registry Act,
to enforce its provisions against the Owner, named herein, and any and all subsequent
Owners of the land.
31. A Certification of Compliance attached hereto as Attachment "8", shall be filed by the
Owner, following completion of the development to ensure all details of the Site Plan
Agreement have been complied with.
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IN V/ITNESS WHEREOF, the Parties hereto have hereupon, affixed their Corporate Seal, and duly
attested to by their authorized signing officers in that behalf.
THE CORPORATION OF THE
MI-INICIPALITY OF BAYHAM
Lynn Acre, Mayor
Lynda Millard, Clerk
the authority to bind
Sebok
I have thlauthority to bind the Corporation.
10
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By-Law 2009-127 A By-Law to authorize the execution of a...
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ATTACHMENT "8"
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
CERTIFICATE OF COMPLIANCE
PROPERTY IDENTIFICATION:
Municipal Address: 56532 Calton Line
Owner(s): Max Underhill's Farm Supply Limited
This document serves to certify that the development project on the above noted lands has been
completed in accordance with the terms and conditions of The Site Plan Agreement By-law No.
DATED:
I HEREBY CERTIFY THAT THE ABOVE DECLARATION IS TRUE AND CORRECT.
Witness Owner - Jonathan Sebok
I have the authority to bind the Corporation.
W'itness Owner - Andrew Sebok
I have the authority to bind the Corporation.
Address:
12
Phone Number:
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Page 176 of 179
TIIE CORPORATION OF THE MT]NICIPALITY OF BAYIIAM
BY-LAW NO. 2009-129
BEING A BY.LAW TO AMEND BY.LAW 2009-006
A BY.LAW APPOINTING MEMBERS TO
BOARDS AND COMMITTEES OF THE MTJMCIPALITY
WIIEREAS the Council of the Municipality of Bayham did by By-law 2009-006 appoint persons to
Boards and Committees for the purposes of the Corporation;
AND WIIEREAS the Council of the Corporation of the Municipality of Bayham did by By-laws
2009-074,2009-092 and 2009-099 amend ByJaw 2009-0061'
AND \ilIIEREAS the Council of the Corporation of the Municipality of Bayham deems it necessary to
further amend such byJaw;
NOW TMREFORE THF' COT]NCIL OF'TIIE CORPORATION OF THE MI]MCIPALITY
OF BAYHAM ENACTS AS FOLLOWS:
1. TIIAT the name Ca¡l Biro be removed as a mernber of the Straffordville Cemetery Committee;
2. TIIAT the name Jim Tait be added as a me,nrber of the Shaffordville Cemetery Committee;
3. THAT in all other respects, By-law 2009-006, as ame,nded, is hereby confirmed and remains
unchanged;
4. AND THAT this by-law shall come into force and take effect upon final passing.
READ A F'IRST, SECOND AI\D TIIIRD TIME AND FINALLY PASSED TIIIS 19TII DAY
OF NOVEMBER 2009.
MAYOR CLERK
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THE CORPORATION OF TIIE
MTINICIPALITY OF' BAYHAM
BY-LA\M NO.2009-130
A BY-LAW TO CONFIRM ALL ÄCTIONS OF
THE COTINCIL OF THE CORPORATION OF
THE MI]NICIPALITY OF BAYHAM FOR THE
REGULAR MEETTNG IrELD NOVEMBER 19, 2009
WHEREAS under Section 5 (l) of the Municipal Act,200l S.O. 2001, Chapter 21,thepowers
of a municþal corporation are to be exercised by the Council of the municipality;
AND \ilIIEREAS under Section 5 (3) of the Municipal Act,200l, the powers of Council are to
be exercisedbybyJaw;
AND WHEREAS the Council of the Corporation of the Municipalþ of Bayham deems it
advisable that the proceedings of the meeting be confirmed and adopted by byJaw.
THEREFORE THE COUNCIL OF THE CORPORATION OF TIIE MTINICIPALITY
OF BAYIIAM ENACTS AS FOLLOWS:
1. TIIAT the actions of the Council of the Corporation of the Municipality of Bayham in
respect of each recommendation and each motion and resolution passed and other
action by the Council at the regular meeting held November 19,2009 is hereby adopted
and confirmed as if all proceedings were expressly embodied in this byJaw.
2. TIIAT the Mayor and Clerk of the Corporation of the Municipality of Bayham are
hereby authorized and directed to do all things necessary to give effect to the action of the
Council including executing all documents and af;fixing the Corporate Seal.
READ A FIRST, SECOND AND TIIIRD TIME and finally passed this 19th day of
November 2009.
MAYOR CLERI(
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