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HomeMy WebLinkAboutNovember 20, 2008 - CouncilCOUNCIL AGENDA THE CORPORATION OF THE MUNICIPALITY OF BAYHAM 9344 Plank Road, Straffordville Thursday November 20, 2008 7:00 p.m. Page 1.CALL TO ORDER 2.DISCLOSURE OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF 3.APPROVAL OF MINUTES (a Minutes of the regular meeting of Council held November 6, 2008 (b Minutes of the Special Council Meeting - Strategic Planning held November 13, 2008 4.DELEGATIONS (a 7:05 p.m. - Anne Kenny - regarding United Way Fundraising Campaign (Item 9 (d)) (b 7:15 p.m. - Jan Collins & group - regarding delegation of library as a Heritage Site (c 7:25 p.m. - KC Emerson - regarding the Schonberger Municipal Drainwater retention device (d 7:35 p.m. - Wanda Hoshal - regarding Estherville Cemetery 5.INFORMATION ITEMS (a Correspondence dated November 6, 2008 from Stewardship Ontario regarding Blue Box Program Plan. File: E07 7-20 21 23-24 Page 1 of 138 Council Agenda Page 5.INFORMATION ITEMS (b Correspondence dated November 3, 2008 from Joe Preston, MP regarding introduction of office staff. File A16 (c Correspondence dated November 14, 2008 from Association of Municipalities of Ontario regarding "We Need Your Participation at the Waste Diversion Act Review Consultation Session" and "Issuing of 2009 Ontario Municipal Partnership Fund Allocation Notices". File: A01 (d Correspondence dated November 7, 2008 from Elgin Area Primary Water Supply System regarding "Notice of Water Rate Increase". File E08 (e Correspondence dated November 14, 2008 from Straffordville Community Committee regarding "Annual Tree Lighting". File: C13 (f Correspondence dated October 1, 2008 from Kids Help Phone requesting donation. File: A01 (g Correspondence received Nov 12, 2008 from Allan Spicer regarding "A New Twist to the Livestock Keeping Issue in Bayham". File M07 6.PLANNING, DEVELOPMENT, RECREATION & TOURISM (a Correspondence dated November 7, 2008 from Grand River Conservation Authority regarding "Consultation on the Lake Erie Region Source Protection Committee Terms of Reference. File: E00 [Addenda] (b Staff Report D2008-045 regarding Conditions - Winkworth and Tait Minor Variances Report not available at time of printing File: D13, A-03/08, A-04/08 7.ROADS, AGRICULTURE & DRAINAGE 25-26 27-30 31-32 33 35-38 39-40 41-42 43-52 Page 2 of 138 Council Agenda Page 7.ROADS, AGRICULTURE & DRAINAGE (a Staff Report L2008-03 regarding Land Transfers - Moore Bridge Project. File: T03 (b Correspondence regarding the use of streets in Port Burwell for a Santa Claus Parade sponsored by the Ottervalley Port Burwell Optimist Club on December 6, 2008 at 6:30p.m. File: T09 (c Staff Report DR2008-023 regarding Otters Edge Drain. File: E09 8.PROPERTY, BUILDING & PROTECTIVE SERVICES (a Staff Report P2008-020 regarding Dog Control By-law - Dog Tag Enforcement. File: P16 (b Staff Report P2008-021 regarding 2009 Canine Control Services/Contract. File: P14 (c Staff Report P2008-022 regarding 2009 Dog License Agent Contract. File: P14 (d Staff Report P2008-023 regarding 2008 Third Quarter Report - Fire. File: P16 (e Staff Report P2008-024 regarding By-Law Enforcement Program - 2008 3rd Qtr. Report. File: P16 (f Staff Report P2008-025 regarding 2008 - Emergency Management Program Third Qtr. Report. File P16 9.FINANCE, ADMINISTRATION & PERSONNEL (a Cheque Register being Cheque #5443 to Cheque #5509 inclusive, except Cheques #3732 totaling $145,297.42 and Payroll Disbursements for the period ending Nov. 2, 2008 totaling $47,904.38. 53-68 69-71 73-80 81-87 89-97 99-104 105-110 111-116 117-118 119-129 Page 3 of 138 Council Agenda Page 9.FINANCE, ADMINISTRATION & PERSONNEL (b Staff Memorandum C2008-06 regarding January 2009 Council Meeting Schedule (c Correspopndence received November 4, 2008 from Duncan Sinclair, East Elgin Secondary School regarding "Tire Clean-up". File: C13 (d Correspondence received September 22, 2008 from United Way requesting financial support. File: A01 (e Staff Report F2008-35 regarding "357 Applications" - Applications for reduction, refund or cancellation of taxes levied File F22 10.ENVIRONMENT 11.COMMITTEE OF THE WHOLE 12.BY-LAWS (a By-Law 2008-095 A By-Law to authorize the execution of an agreement for canine control / pound keeper services (Martin) (b By-Law 2008-096 A By-Law to authorize the execution of an agreement for dog licence agent services (Martin) (c By-Law 2008-111 A By-Law to confirm all actions of Council (d By-Law 2008-112 A Draft By-Law to authorize the execution of documents for the acquisition of real property (Tait) (e By-Law 2008-113 A Draft By-Law to authorize the execution of an Encroachment Agreement (Tait) (f By-Law 2008-114 A Draft By-Law to authorize the execution of an agreement regarding licence to cross municipal property (Tait) 131 133 135 137-138 Page 4 of 138 Council Agenda Page 12.BY-LAWS (g By-Law 2008-115 A By-Law to authorize the execution of an agreement (Van Bree Drainage & Bulldozing) [Addenda] (h By-Law 2008-106 A By-Law to authorize the purchase of real property (Soreny Farms Limited) [Addenda] (i By-Law 2008-107 A By-Law to authorize the purchase of real property (Szorenyi Brown) [Addenda] (j By-Law 2008-108 A By-law to authorize the execution of an agreement (Soreny Farms Limited) [Addenda] (k By-Law 2008-109 A By-law to authorize the execution of an agreement (Szorenyi) [Addenda] (l By-Law 2008-110 A By-law to repeal former Township of Bayham by-laws 13.ADJOURNMENT (a Adjournment Page 5 of 138 Page 6 of 138 COUNCIL MINUTES THE CORPORATION OF THE MT]NICIPALITY OF BAYIIAM 9344 Plank Road, Straffordville Thursday November 6, 2008 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 6,2008 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 Deputy Clerk Margaret Underhill. Chief Building Official I Drainage Superintendent 8il1 Kifton was in attendance to present his report. 1. CALL TO ORDER Mayor Acre called the meeting to order at 7:00 p.m. 2. DISCLOSURE OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF None 3. APPROVAL OF MINUTES Minutes of the regularmeeting of Council held October 16,2008 2008-523 Moved bv V/ Casier secondeá by E Ketchabaw *TIIAT minutes of the regular meeting of Council held October 161 2008 be approved as circulated.tt Disposition: Motion Carried Unanimously Minutes of the special meeting of Council held October 23,2008 2008-524 Moved bv E Ketchabaw Seconded by W Casier *THAT minutes of the special meeting of Council held October 23,2008 be approved as circulated.t' Disposition: Motion Carried Unanimously Minutes of the regular meeting of Council held November 6, 2... Page 7 of 138 Council Minutes -259-November 6,2008 Minutes of the special meeting of Council held October 28,2008 2008-525 Moved by W Casier Seconded bv E Ketchabaw "THAT minutes of the special meeting of Council held October 28r 2008 be approved as circulated.tt Disposition: Motion Carried Unanimously Minutes of the special meeting of Council held October 30, 2008 2008-526 Moved by E Ketchabaw Seconded bv W Casier "THAT minutes of the special meeting of Council held October 30, 2008 be approved as circulated." Disposition: Motion Carried Unanimously 4" DELEGATIONS 7:05 p.m. Lee Locker. Dave Mennill and Blair Barons - spoke to Council regarding .the "Corner Cupboard" in Aylmer. They provided an outline of the services provided and the need for those services in Bayham and surrounding area. 2008-527 Moved bv C Evanitski Seconded by M Taylor "TIIAT the Municipality of Bayham provide a grant of $1,500 to the Corner Cupboard for 2008"." Disposition: Motion Carried Unanimously 7:20 p.m. Wanda Hoshal- Mrs. Hoshal advised Council that she has contacted the Ministry of Municipal Affairs and Housing, Steve Peters MPP office and Joe Preston MP office regarding the Estherville Cemetery. She has also spoken to Mr. Hoover, Ontario Genealogical Society, and was told that they would investigate the property. Mrs. Hoshal also stated that the Cemetery Regulation Board considers it to be an open cemetery. She also expressed concern that the proposed use of the new barn on the property is not permitted under the A1 AgriculttralZone. Mayor Acre advised that an inspector from the Cemeteries Regulations Branch was here recently. K. Kruger added that an on-site inspection was conducted with a report Minutes of the regular meeting of Council held November 6, 2... Page 8 of 138 Council Minutes -260 -November 6,2008 expected within 30 days of the inspection and that no report has been received as yet. When asked about the archaeological survey, K. Kruger responded by saying that the survey was conducted in the stripped area where the new bam is now located. Mrs. Hoshal stated that the new building appears to be where the former Baptist church stood and that there were no bodies in this location but that the bodies were located around the church. Mayor Acre stated that further studies are underway andthat staff and Council will address the zoning concern in the future. Councillor Ketchabaw asked Mrs. Hoshal if she would be willing to share with staff and Council the new information that she has gathered. Mrs. Hoshal responded by stating that she has incurred some expense in gathering this research and asked if Council is willing to take responsibility for the further research and related expenses. K. Kruger advised that atitle search was completed and that the search went back as far as the 1800s. Mayor Acre added that the search showed that the property was never municipally owned. Councillor Ketchabaw acknowledged that this issue could not be resolved in this meeting. He suggested that staff bring Council up to date on the activities and information gathered thus far. Mrs. Hoshal thanked Council for their time and reiterated her wish to have the matter resolved as soon as possible. 7:56 p.m. Mat Redsell - Mr. Redsell acknowledged that the meeting was behind schedule and requested that his presentation regarding sustainable living and the future of Port Burwell be defened to another meeting. 5. INFORMATION ITEMS 2008-528 Moved bv E Ketchabaw Secondeá by W Casier "THAT information items 5(a) through 5(k) be received for information." Disposition: Motion Carried Unanimously (a) Elgin Group Police Services Board minutes of meeting held October 1, 2008. File: C06 (b) Correspondence dated October 2008 from Ministry of Citizenship and Immigration regarding "Ontario's volunteer recognition programs for the year 2009". File: 416 (c) Correspondence dated October 77 ,22,29 and 3 1, 2008 from Association of Municipalities of Ontario regarding "Minister Launches Review of Blue Box Program Minutes of the regular meeting of Council held November 6, 2... Page 9 of 138 Council Minutes -261 -November 6. 2008 and Waste Diversion Act", "Province Delivers Fall Economic Statement", "Ontario Proposes Ban on Cell Phones While Driving" and "Report of the Provincial-Municipal Fiscal and Service Delivery Review Released". File:401 (d) Correspondence dated October 1, 2008 from Ontario Power Generation regarding "Semi- annual Performance Report". Report available upon request File: 401 (e) Correspondence from Local Authority Services Ltd. regarding "Elected Officials Group Benefits Plan". File: F12 (Ð Copy of correspondence dated October 24,2008 sent from Steve Peters, M.P.P. to Minister of Municipal Affairs and Housing and Minister of Small Business and Consumer Services regarding "Estherville Cemetery". File: 416 (g) Correspondence received October 27,2008 from Active Healthy Kids Canada regarding *2008 Report Card on Physical Activity for Children and Youth" . Report availøble upon request File: R06 (h) Copy of resolution passed September 22,2008 by the Council of the Town of East Gwillimburyregarding "Safer Roads in our Community''. File: C10 (Ð Correspondence dated October 31, 2008 from Minister Jim Watson regarding the "Report of the Provincial Municipal Fiscal and Service Delivery Review". File: 416 0) Correspondence dated October 24,2008 from Ministry of Education regarding "Premier's Awards for Teaching Excellence". File: 416 (k) Correspondence dated October 15, 2008 from Ontario Federation of Labour regarding "Community Social Service Workers Appreciation Day''. File: 416 6. PLANNING, DEVELOPMENT, RECREATION & TOURISM 1. CORRESPONDENCE & REPORTS (a) Staff Report D2008-042rcgarding Romart Inv. Inc. Severance 816108871/08. File: D10.08 Minutes of the regular meeting of Council held November 6, 2... Page 10 of 138 Council Minutes -262-November 6,2008 2008-529 Moved by W Casier Seconded by E Ketchabaw "THAT Staff Report D2008-042be received; AND THAT Council recommend to the Elgin County Land Division Committee that severance application F,76108, submitted by Romart Inv fnc., be approved subject to: 1. realignment of the parcel to include the existing right of way 2. $500 cash-in-lieu parkland dedication fee payable to the municipality 3. Lot Grading and storm water management plan 4. a municþal drain 5. fïnal survey submiffed to the municipality AND TIIAT Council recommend to the Elgin County Land Division Committee that severance application F,77/08, submitted by Romart fnv Inc., be approved subject to: 1. realignment of the parcel to include the existing driveway 2. $500 cash-in-lieu parkland dedication fee payable to the Municipality 3. Lot Grading and storm water management plan 4. a municipal drain 5. final survey submitted to the municipality." Disposition: Motion Carried Unanimously (b) Staff Report D2008-043 regarding 571515 Ontario Inc. (Cox) Severance 872108. File: DI0.08 2008-530 Moved by E Ketchabaw Seconded by W Casier "THAT Staff Report D2008-043 be received; Af[D TIIAT Council recommend to the Elgin County Land Division Committee that severance application F,72108, submitted by 571515 Ontario Inc., be approved subject to: 1. $500 cash-in-lieu payment to the Municipality for one newly created lot 2, proof of adequate supply of potable water through water quantity and quality testing or wriffen confirmation from the Richmond Community Water Board for connection to the private system 3. apportionment of assessment for drainage as per the Drainøse Act requirements, as applicable 4, municipal lot assessment for septic availability Minutes of the regular meeting of Council held November 6, 2... Page 11 of 138 Council Minutes -263 -November 6.2008 5. lot grading plan 6. final survey submitted to the municipality." Disposition: Motion Carried Unanimously (c) Staff Report D2008-044 regarding Peters Severance 875108. File: D10.08 2008-531 Moved bv E Ketchabaw Seconded by V/ Casier "TIfAT Staff Report D2008-0 44 be received; AND TIIAT Council recommend to the Elgin County Land Division Committee that severance application 875/08, submitted by Abraham and Emma Peters, be approved subject to: 1. $500 cash-in-lieu payment to the Municipality for one newly created lot 2. apportionment of assessment for drainage as per the Draìnaee Act requirements, as applicable 3. amendment to the zoning by-law for the reduced lot frontage on the severed parcel 4. final survey submitted to the municipality." Disposition: Motion Carried Unanimously (d) Staff Memorandum regarding Landscape Plans - Minor Variance Applications ,{03 and 404. 2008-532 Moved by E Ketchabaw Seconded bv C Evanitski "THAT Staff Memorandum regarding Landscape Plans - Minor Variance Applications A-03/08 and A-04/08 be received; AND TIIAT consideration of the landscape plan be deferred until Council reviews confirmation regarding lot consolidation." Disposition: Motion Carried Unanimously 7. ROADS, AGRICULTURE & DRAINAGE 1. CORRESPONDENCE & REPORTS Minutes of the regular meeting of Council held November 6, 2... Page 12 of 138 Council Minutes -264-November 6. 2008 (a) Correspondence dated October 20,2008 from the Straffordville Santa Claus Parade Committee regarding the Annual Santa Claus Parade scheduled for 10:30 a.m. December 13,2008. File: T09 2008-533 Moved by M Taylor Seconded by C Evanitski "TIIAT Correspondence dated October 20,2008 from the Straffordville Santa Claus Parade Commiffee be received: "THAT the Council of the Municipality of Bayham approves the request by the Straffordville Santa Claus Parade Committee for permission to use streets within Straffordville for the Santa Claus Parade to be held Saturday December 13, 2008 at 10:30 a.m., subject to the provision of proof of liability insurance coverage in the amount of $2 million: TIIAT Old Chapel Street south of Heritage Line be temporarily closed during the parade; TIIAT the County of Elgin be requested for permission to use Plank Road and Heritage Line between at 10:30 and 11:30 a.m. for the parade; AND TIIAT the Bayham Public Works Superintendent be directed to provide the necessary provisions for traffic control and safety." Disposition: Motion Carried Unanimously (b) Correspondence dated October 15, 2008 from Tim Emerson regarding "the bridge on Edison Drive". File: C13 2008-534 Moved bv E Ketchabaw Seconded by C Evanitski "THAT Correspondence dated October 15, 2008 from Tim Emerson be received; AND THAT the correspondence be forwarded to appropriate County staff for comment.tt Disposition: Motion Carried Unanimously Minutes of the regular meeting of Council held November 6, 2... Page 13 of 138 Council Minutes - 265 November 6. 2008 (c)Staff Report File: E09 2008-535 DR2 00 8 -02 2 r egar ding No. 1 Muni cip al Drain Improvements. Moved by C Evanitski Seconded by M Taylor "TIIAT Staff Report DR2008-022be received; AND THAT Council appoints Spriet Associates as the Engineers to make an examination of the drainage area and prepare a preliminary report for Councilt s consideration." Disposition: Motion Carried Unanimously Court of Revisíon Appoìntments & Afjirmations 2008-536 Moved bv C Evanitski Secondeã by M Taylor "THAT in accordance with the provisions of the Drainage Act, the Council of the Municipality of Bayham appoints Mayor Lynn Acre, Deputy Mayor Cliff Evanitski, Councillors Mark Taylor, Wa¡are Casier and Ed Ketchabaw to sit as members of the Court of Revision; AND THAT Lynn 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." Disposition: Motion Carried Unanimously COURT OF REWSION - DRAINAGE 8:00 p.m. Applícatíon: Court of Revision regarding the Otters Edge Municipal Drain; and present to Council the Provisional By-law for third reading, provided no appeals are received Declarøtíon of Pecuniary fnterest and the General Nøture Thereof None Staff Presentation: Staff Report DR2008-021 regarding Otters Edge Municipal Drain Court of Revision was presented by Drainage Superintendent, Bill Knifton. He advised no written no appeals have been received by the Clerk. Publíc Comments.' None 2. 1. 2. a 4. Minutes of the regular meeting of Council held November 6, 2... Page 14 of 138 Council Minutes -266-November 6.2008 5. Councíl Comments ønd Questíons: None 6. Adjournment: 2008-537 Moved bv M Tavlor Secondeá by C Évanitski "TIIAT the Court of Revision Meeting be adjourned at 8:10 p.m." Disposition: Motion Carried Unanimously 7. Dísposition of Item 2008-538 Moved bv C Evanitski Seconded by M Taylor *TIIAT Staff Report DR2008-02lbe received; "TIIAT in accordance with Section 58, Chap. D.l7 ol the Drainage Act, R.S.O. 1990 the appeal period which allows any owner of land assessed for drainage works to appeal that road or Iand has been assessed too 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 fype of use of land, may personally, or by agent, appeal to the Court of Revision by giving notice in writing to the Clerk of the Municipality has expired and either no appeals have been received or all appeals have been decided by the Court of Revision: AND TIIAT Provisional By-Law #2008-084, being a By-Law to provide for drainage works in the Municþality of Bayham for the construction of the Otters Edge Municipal Drain be presented to Council for third reading and enactment; AND provided no appeals be received at the Court of Revision, Staff be instructed to proceed with tendering process." Disposition: Motion Carried Unanimously 8. PROPERTY. BUILDING & PROTECTIVE SERVICES 1. CORRESPONDENCE & REPORT (a) Building Permit Report for the month ending October 31,2008. File: P10 Minutes of the regular meeting of Council held November 6, 2... Page 15 of 138 Council Minutes -261 -November 6. 2008 2008-539 Moved by E Ketchabaw Seconded by W Casier "THAT Building Permit Report for the month ending October 31,2008 be received for information.t' Disposition: Motion Carried Unanimously (b) Staff Report P2008-026 regarding Building Bylaw Amendment - Grading Plan Deposits. File: P10 2008-540 Moved bv W Casier secondeá by E Ketchabaw "THAT Staff Report P2008-026be received; AND THAT draft By-taw No. 2008-097, being a by-law to amend By-law No. 2007- 023rbe presented to Council for enactment." Disposition: Motion Carried Unanimously (c) Correspondence dated October 8, 2008 from Suzanne Crellin and Tyler Vincent requesting to use the Port Burwell Memorial Park on Saturday July 18, 2009 for a wedding ceremony. File: C13 2008-541 Moved by M Taylor Seconded by V/ Casier "THAT the correspondence dated October 8,2008 from Suzanne Crellin and Tyler Vincent be received; AND TIIAT permission be granted to use the Memorial Park in Port Burwell on Saturday July 18,2009 between 11:00 a.m. and 8:00 p.m. subject to: tr provision of proof of liability insurance coverage naming the Municipality of Bayham as an additional insured, in the amount of $2 million, and o clean up and repair of any damage to the park area be the responsibility of the organizers." Disposition: Motion Carried Unanimously Minutes of the regular meeting of Council held November 6, 2... Page 16 of 138 Council Minutes -268-November 6.2008 (d) Staff Memorandum regarding Permits for Trapping on Municipal Properties. File: P14 2008-542 Moved bv C Evanitski Seconded by M Taylor "TIIAT Staff Memorandum regarding Permits for Trapping on Municipal Properties be received; AND TIIAT staff be authorized to issue the suggested letter of permission upon receipt of the required waiver form and insurance.tt Disposition: Motion Carried 9. FINANCE, ADMINISTRATION & PERSONNEL 1. CORRESPONDENCE & REPORTS (a) Cheque Register being Cheque #5367to Cheque #5442 inclusive, and totaling 9204,669.10 and Payroll Disbursements for the period ending October 19,2008, totaling $48,801.97. 2008-543 Moved by M Taylor Seconded by W Casier "TIIAT Cheque Register being Cheque #5361to Cheque #5442 inclusive, and totaling $204,669.10 and Payroll Disbursements for the period ending October 19,2008, totaling $48,801.97 be approved." Disposition: Motion Carried Unanimously (b) Museums Bayham draft minutes of meeting held October 14,2008 (Item 9(d) requires Council actioù. File: C06 2008-544 Moved bvW Casier Secondeá by M Taylor "THAT Museums Bayham draft minutes of meeting held October 14,2008 be received; AND THAT Council approves the de-accession and sale of one Lister air compressor." Disposition: Motion Carried Unanimously Minutes of the regular meeting of Council held November 6, 2... Page 17 of 138 Council Minutes -269 -November 6.2008 (c) CorrespondencedatedOctober 17,2008 fromPortBurwellBayhamBr.524 regarding "Poppy Campaign" and "Remembrance Day Services". File: Cl3 2008-545 Moved by M Taylor Seconded by C Evanitski "THAT the correspondence dated October I7r2008 from Port Burwell Bayham Br. 524be received." Disposition: Motion Carried Unanimously (d) Correspondence dated October 17,2008 from Long Point Region Conservation Authority regarding "2008 Municipal Levy''. File: 416 2008-546 Moved by E Ketchabaw Seconded by M Taylor TTIIAT the correspondence dated October 17,2008 from Long Point Region Conservation Authority be received; AND THAT amounts budgeted in 2008 for LPRCA special projects be carried forward to2009." Disposition: Motion Carried (e) Staff Report C2008-009 regarding Municipal Website Hosting. File: 403 2008-547 Moved by W Casier Seconded by M Taylor "THAT Staff Report C2008-009 be received; AND THAT staff be authorized to finalize arrangements with iCompass for its iWeb services.tt Disposition: Motion Carried Unanimously Minutes of the regular meeting of Council held November 6, 2... Page 18 of 138 Council Minutes -270-November 6.2008 10. ENVIRONMENT L CORRESPONDENCE & REPORTS No Items 11. COMMITTEE OF TIIE \üHOLE 1. CORRESPONDENCE & REPORTS No ltems 12. BY-LAWS ByJaw 2008-084 Provisional By-Law. to provide for drainage works (Otter's Edge Municipal Drain) (3'o reading only) By-law 2008-097 A By-law to further amend BlL2007-023 and to repeal BlL2007- 082 (Building By-law) ByJaw 2008-098 A By-law to stop up, close and convey thatpart of the unopened road allowance known as First Alley (Second and Third Reading) ByJaw 2008-100 A By-law to authorize the execution of an agreement for winter control services (V/ilson) By-law 2008-101 A ByJaw to authorize the execution of an agreement for winter control services (Underhill Bros.) ByJaw 2008-102 A By-law to authorize the execution of a contract for winter control services (Laemers Trucking) ByJaw 2008-103 A By-law to authorize the execution of a contract for winter control services (Sproul) By-law 2008-104 A By-law to appoint a Manager of Public'Works (LeMay) By-law 2008-105 A By-law to confirm all actions of Council 2008-548 Moved by W Casier Seconded by M Taylor "THAT By-Iaw 2008-084 be read a third time and finally passed." Disposition: Motion Carried Unanimously Minutes of the regular meeting of Council held November 6, 2... Page 19 of 138 Council Minutes -271-November 6.2008 2008-549 Moved byM Taylor Seconded by W Casier "THAT By-law 2008-098 be read a second and third time and finally passed." Disposition: Motion Carried Unanimously 2008-550 Moved by E Ketchabaw Seconded by W Casier "TIIAT By-law 2008-097, 2008-100,2008-101, 2008-102,2008-103 and 2008-104 be read a first, second and third time and finally passed." Disposition: Motion Carried Unanimously 2008-551 Moved by M Taylor Seconded by W Casier "THAT confirming By-law 2008-105 be read a first, second and third time and finally passed." Disposition: Motion Carried Unanimously 13. ADJOURNMENT 2008-552 Moved bv E Ketchabaw Secondeá by W Casier *TIIAT the Council meeting be adjourned at 9:40 p.m." Disposition: Motion Ca:ried Unanimously MAYOR Date Approved: DEPUTY CLERK Minutes of the regular meeting of Council held November 6, 2... Page 20 of 138 SPECIAL COUNCIL MEETING MINUTES THE CORPORATION OF'THE MUNICIPALITY OF BAYHAM Straffordville Fire Hall,55764 Third Street STRAFFORDVTLLE, ONTARTO Thursday November 13, 2008 2:00 p.m. Strateeic Plannine'Workshop No. 3 The third Strategic Planning meeting of the Council of the Municipality of Bayham was held on Thursday, November 13, 2008 at the Straffordville Fire Hall. Present were Mayor Lynn Acre, Councillors Wayne Casier and Ed Ketchabaw, Administrator Kyle Kruger and Deputy Clerk Margaret Underhill. Chief Building Official lDrainage Superintendent Bill Knifton, Treasurer Suzanna Dieleman Mantel, Fire Chief Paul Groeneveld, and Water/IVastewater Superintendent Ed Roloson were in attendance. 1. CALL TO ORDER Mayor Acre called the meeting to order at 2:00 p.m. 2. DISCLOSURE OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF None 3. STRATEGIC PLANNING WORKSIIOP #3 John Craig of John Craíg Consulting facilitated the continued workshop to form a strategic plan for the Municipality. Those present reviewed the goals and strategic priorities for the next 1 to 5 years as established attheprevious meeting. The strategic priorities within each goal were ranked, and performance measures, responsibilities, and timelines for each established. It was noted that Mr. Craigwould draft the final document for review and subsequent submission to Council. 4. ADJOURNMENT 2008-553 Moved by W Casier Seconded bv E Ketchabaw "THAT the Council meeting be adjourned at 5:30 p.m." Disposition: Motion Carried Unanimously MÄYOR Date Approved: DEPUTY CLERK Minutes of the Special Council Meeting - Strategic Planning ... Page 21 of 138 Page 22 of 138 Novembe¡ 6 2008 THE MLTNICIPALITY OF BAYHAM PO BOX 160 9344 PLANK ROAD STRAFFORDVILLE,ON NOJ lYO Dear Mayor and Members of Council: Joyce Barretto Stewardship Ontario 26 \\eliir:5on Strr¡et Easî. Suite ó01, Toroslo, Ontario. Ernail : ir¡foí¿,stervardshipt¡ntario.ca Please find enclosed a cheque from Stewardship Ontario which represents your municipality's share of money available to support the transition of LCBO beverage alcohol containers from the Blue Box to the Ontario Government's deposit retum program. The LCBO has been a steward under the Blue Box Program Plan since its commencement and has been responsible for paying fees on the amount and q/pe of packaging it introduces into the Ontario residential markeþlace. 1n2006, when the Ontario Government announced the new deposit retum program forbeverage alcohol containers, it also indicated that the LCBO would contribute $5 million ín2007 and in 2008 to Ontario's Blue Box progmm, to facilitate the municipal transition. The LCBO has forwarded the payment for 2008 to Stewardship Ontario and directed that appropriate amounts be distributed to municipaiities for the 2008 program year. The amount being distributed to municipalities is net of LCBO's steward obligations for non-deposit items such as carry out bags and is distributed proportionately to your 2008 Blue Box cash funding. For a breakdown of the amount each municipal recycling program is receiving under, please visit the Waste Diversion Ontario website using the following URL: 'Waste Diversion Onta¡io is a non-crolù¡n agency set up by the Ontario Government to oversee programs to increase diversion from disposal of packag:in5, paper products and other designated materials such as municipal hazardous or special waste. Stewardship Ontario is the organization that fulfills industry's obligations under the Waste Diversion Act for printed paper and packaging (Blue Box Wastes) and Municipal Hazardous or Special'Wastes. ( S ee www. stewa¡dshipontario. ca) Sincerelv É.Ú+ J RR.R Cìar¡acla M5E I 52, Tel. : 41 6-5 94-3456. Far: 4 I ó-594-34ó3 V¡ebsite: ivrr"$.ste'*'ârdshinontr¡rio.caCorrespondence dated November 6, 2008 from Stewardship Ontar... Page 23 of 138 .(1+lla )Lewar0sruo ONTARIO ' 26 WELLINGTON STREET EAST, SUIIE #601 TORONTO, ONTARIO M5E 1S2 (416) s94-3456 FAX (416) 594-3463 ***One Thousand Four Hundred Twelve and 751100 Dcillars CA¡¡ADIAN IMPERIAL BANK OF COMMERCE 1 QUEEN STREÊT EAST TORONTO.ONTARIO MsC2W5 Date: Amount TO THE ORDER OF PAY THE MUNICIPALITY OF BAYHAM PO BOX 160 9344 PLANK ROAD STRAFFORDVILLE, ON NOJ 1YO CANADA STEWARDSHIP ONTARIO THE MUNICIPALIry OF BAYHAM 1.412.75 1,412.75 BAYHAM i 11t0112008 1110112008 CHEOUE 1110112048 1,412.75 0.00 0.00 Correspondence dated November 6, 2008 from Stewardship Ontar... Page 24 of 138 0ttnw Confederation Building, Room 144 Ottawa, Ontario KIA 0A6 -lel:613-990-7769 Fu:613-996-0194 HOUSE OF COMMONS '_) eorutitnzttty 24 lstAvenue, Unit 2 StThomas, Ontario N5R 4M5 Tel: (5 I 9) 637-2255 Fu: (5 l9) 637-3358 Ê\(p Jne læ'stnn Member of Parliament for Elgin-Middlesex-London Monday, November 3, 2008 !'' Dear Colleague, I am pleased and excited to represent the great riding of Elgin-Middlesex-London in the 40* Parliament. There have been many challenges serving as your Member of Parliament since 2004. Many of these obstacles were overcome with the knowledge and support of our community leaders and constituents. I am asking that we face and tackle these issues together, and I welcome your letters, reports and requests for meetings. With the new Parliament, I would also like to introduce you to my knowledgeable staff in the constituency office that will be able to assist you. K¿ilen Vecchio has taken on the role of my Executive Assistant. Along with constituency case work including Canada Revenue Agency, Karen handles all of my constiilrency scheduling, media and coffespondence. Francine Melmer continues to work with Service Canada and Veteran's Affairs and specializes in Senior's issues. I welcome two new staff members, Darlene Unwin from the Elgin-St. Thomas Housing Corporation and Cathy Hayward from the North America Railway Hall of Fame. Darlene will be dealing with Citizenship & Immigration and Employment Insurance inquiries. Cathy handles all general inquiries to the office along with the Passport Canadaoffice. I have attached a list of contact information for your resources. to contact my office or myself at any time regarding your concerns. ber of Parliament Correspondence dated November 3, 2008 from Joe Preston, MP r... Page 25 of 138 Joe Preston, Member of Parliament \ilebsite Telephone Toll-free Fax Mailing Address Email wrvw.ioeprestonmp.ca 519-637-2255 1-888-404-0406 s19-637-33s8 2-24First Ave St. Thomas, ON NsR 4M5 assist@ i oeprestonmp.ca Name Position Email Phone Karen Vecchio Executive Assistant karcn(ò,i o epre sleqlop.qa 519-637-2255 Francine Melmer Constituencv As sistant ft ancíne @,io eBrqslalrnp. ca 519-637-22ss Darlene Unwin Constituencv As sistant óarlene(ò,i oeprestelmp. ca 519-637-2255 Cathy Hayward Constituency As sistant cathv (ò,i o eprestonmp.ça 519-637-225s Correspondence dated November 3, 2008 from Joe Preston, MP r... Page 26 of 138 ahro Arsoci¡lir¡n of Mrnkipalilitt of Onlario 200 University Ave, Suite 801 Toronto, ON MSH 3C6 Tel.: (416) 971-9856 | Fax: (416) 971-6191 E-mail: amo@amo.on.ca MEMBER COMMUNICATION ALERT No:08/053 To the attention of the clerk and council F.oR MoRE TNFoRMAfloN coNrAGr: November 14,2008 liiåiiåijsüi:i??Tor Por.v Advisor', AMo We Need Your Participation at the Waste Diversion Act Review Gonsu ltation Sessions lssue: Minister also launched a discussion paper to officially begin the five year review of the Waste Diversion Act (WDA). A number of consultation sessions have been organized across the province and we need your attendance and participation. Background: Municipalities, the industry and the public have been invited to participate in consultations across the province. The Ministry of the Environment is looking for your feedback on the challenges associated with Ontario's waste diversion framework, the programs under it and the proposed plan for moving forward. Your participation and input through this consultation will help the Ministry of the Environment understand municipal challenges and perspectives and will help shape any recommended changes to the WDA and the strategic waste management directions. You are encouraged to read the discussion paper on the WDA review in advance of the meeting. lt is available at www.ebr.qov.on.ca (registry number 010-4676). The meetings are scheduled for Ottawa, Kitchener-Waterloo and Toronto as follows. Ottawa - November 25th Kitchener Waterloo - December 2nd Toronto - December 10th. The Ottawa session will be at: Ontario Ministry of the Environment Ottawa District Office 2430 Don Reid Drive Ottawa, ON, K1H 1E1 The Kitchener-Waterloo session will be at: RIM Park 2001 University Avenue, Room 104 Waterloo. ON N2K 4K4 Ftr tUJ4 Èor 1-2 Association of Aì_lOMunicipalities of Ontario Correspondence dated November 14, 2008 from Association of M... Page 27 of 138 The Toronto meeting will be held at: Direct Energy Centre 100 Princes' Blvd., Salon 108 Toronto. ON M6K 3C3 lf you or someone from your organization will be participating in one of these sessions please register at reqister@wda-review.ca or by calling the toll-free registration line at 1-866-947-8939. Once registered, you will receive a meeting agenda and additional meeting details via email. You will also be asked to indicate any special requests in order to ensure the session addresses participants' specific needs and concerns. Action: FYI This information is available in the Policy /ssues section of the AMO website at wvvw.amo.on.ca. Ftr tUJ '4 2-2 Association of AllOMunicipalities of Ontario Correspondence dated November 14, 2008 from Association of M... Page 28 of 138 ¿-- AìTO Assmi¡lhn ol Ilmicipalilies ol Onl¡¡io 200 Univers¡ty Ave, Suite 801 Toronto, ON MsH 3C6 Tel.: (416) 971-9856 | Fax (416) 971-6191 E-mail: amo@amo.on.ca MEMBER COMMUNICATION ALERT No: 08/054 ro the attention of the cterk and councit [,:[#ffi,iJ]1"^ïs]:?,i,.cp:llJr1"o},",.November 14,2008 (416) 97j-98S6 ext 323 lssuing of 2009 Ontario Municipal Partnersh¡p Fund Allocation Notices lssue: The Ministry of Finance and the Ministry of Municipal Affairs and Housing are announcing details of Ontario Municipal Partnership Fund (OMPF) allocations for 2009. Background: Today, the Ministries of Finance and MunicipalAffairs and Housing wrote to Heads of Council and Treasurers with interim estimates of individual municipal allocations for 2009, focusing on the "Combined Benefit Stable Funding Guarantee". These notices will be followed by a second release of more detailed allocations for 2009 in mid-December. As part of the Provincial-Municipal Fiscal and Service Delivery Review, AMO was able to secure a further extension of the stable funding guarantee for municipalities in 2009. For 2009, this guarantee is called the "Combined Benefit Stable Funding Guarantee". A similar guarantee (known at times as "Additional One-Time Special Assistance") has been in place since the 2005 transition from the Community Reinvestment Fund to the OMPF. lt has been provided on an annual basis at the government's discretion. At this time, the government is signaling that the one-time assistance that has been offered annually each year since 2005 will cease starting in 2010. AMO's advocacy for the preservation of the stable funding guarantee in future years will continue throughout 2009. The uploading of the Ontario Drug Benefit, the Ontario Disability Support Plan, and Ontario Works benefits will see municipal costs decrease. This will affect municipal eligibility for the Social Programs Grant Component of the OMPF. All other components of the OMPF are not affected. Grants for Equalization, Northern and Rural Communities, and Police Services will continue to function in response to conditions in each municipality. The mid-December allocation notices will incorporate the new MPAC property value assessment as well as any changes to policing costs. Additional details and copies of the letters are available at www.fin.qov.on.ca Action: For your information. This information is available in the Policy /ssues section of the AMO website at vwvw.amo.on.ca. 1-1 Municipariî::î?""tiî:Jli AllO FE tUJ Correspondence dated November 14, 2008 from Association of M... Page 29 of 138 Correspondence dated November 14, 2008 from Association of M... Page 30 of 138 Elgi ea Primary Water Supply System L ) November 7,2008 Member Municipalities Elgin Area Primary Water Supply System EOR Re: Notice of 'Water Rate Increase The Joint Board of Management for the Elgin Area Water Supply System approved a 7.0o/o rate increase for all municipalities at the Joint Board meeting held on October 9, 2008. The new rate will be in effect on January I,2009. The rate changes from $0.3984 to $0.4262 for all municipalities. Enclosed for your information is a copy of the resolution approving the water rate increase. If you require further assistance, please call me at 661-2500 ext.5274. Thank you, F^,t.R-^^rr¿ùr-¡ RickBrown Financial Manager Elgin Area'Water Supply System RB/br Correspondence dated November 7, 2008 from Elgin Area Primar... Page 31 of 138 Elg eai Primary Water Supply System RECEIVET} November 6, 2008 P. McNally lnterim Chief Administrative Officer Elgin Area Primary Water Supply System Re: I hereby certify that the Joint Board of Management for the Elgin Area primary Water SupplySystem, at its meeting on October g, 2OOg, résolved: That the-following actions be taken with^respect to the 200g Current Operating and CapitalBudgets for the Elgin Area primary Water Supþty System: (a) consideration of the 2009 C DEFERRED until such time asthe opportunity to review the Financial Strategic plan,' receiv< 2008; (b) the Committee Sec Ersin Area.prirnary ;å"i:1.',1i'iflr'.oåTv: November 13,2009 (c) the 2009 rate for water, of $0.4262 per cubic meter BE APPROVED SUBJECTTO the revenues arising from the rató increase being placed in a Capital ReserveAccount; it being noted that A. Henry gave a verbal presentation with respect to this matter. Barb Westlake-Power Manager of Legislative Services D. Mounteer A. Henry. R. Rennie El-g_in Area Primary Water Supply System Offìce 51 9.66 1 .2500 ext. 27 1 4 Fax519.474.0451 ahenry@london.ca http ://wate rsu pp ly. I o nd o n. cal c/o The City of London Regional Water Supply Division 29 Kilworth Park Drive RR#5 Komoka, Ontario NOL 1RO Correspondence dated November 7, 2008 from Elgin Area Primar... Page 32 of 138 I et3 November 142008 To: Municipality of Bayham From: Straffordville Community Committee On behalf of the organization, I would like to inform everyone of the "Annual Tree Lighting" being held this year on Dec. 5'2008 at 7:00p.m. at the parkette. We would like to extend the offer of having a representative from Council speak at the ceremony as usual. Confirmation of this by Dec 1$ 2008 would be appreciated as the agenda will be discussed by the group that evening. As a second request, if the event could be put up on the Municipal Board for that week it would be appreciated. Thank-you, on behalf of the Straffordville Community Committee. Paul Ens Correspondence dated November 14, 2008 from Straffordville C... Page 33 of 138 Page 34 of 138 CORPORATE sPoNsoRs FOUNDING & OFFICIAL BMO Financial Group Bell Canada Nestlé Canada Parmalat Canada A & P/Dominion AIR MILES Reward Program Boston Pizza Campbell Company of Canada Compass Group Canada Group 4 Securicor Kellogg Canada Microsoft Canada Motorola Sobeys MAIOR PATRONS Air Canada Aliant Bluenotes Canadian 5 Pin Bowlers' Association Farm Business Consultants The Hilton Family of Hotels Mattel Canada METRO Unigistix CORPORATE DONORS INSPIRATION CIRCLE Estate of Ingeborg Anna Gerda Budimir Ontario Ministry of Education Osler, Hoskin & Harcourt Publicis Wallace & Carey EMPOWERMENT CIRCLE Baker Vandertuin BOSS Print + Creative CNW Group EnCana G.I.F.T. Atlantic iStudio RBC Foundation Shaw Zenith Optimedia M EDIA PARTNERS CTVglobemedia Gallop + Gallop The Magazine MuchMusic TVO Kids YTV .' beingnere for |çid5 kidshelpphone.ca October 1st,2008 Suzanna D. Mantel, Treasurer Municipality of Bayham t 9344PlarkRoad, Box I60 Straffordville, ON NOJ 1Y0 Dear Ms Mantel: In2007, children and youth in crisis in Ontario contacted Kids Help Phone 1.2 million times, either by telephone or over the web. Of these contacts, 352 carne from communities in Bayham Municipality. Suzann4 we are requesting firancial support from Municipality of Bayham in the amount of $500. Kids Help Phone relies on the generosity of donors and volunteers to support our ongoing vital service. Your generosity will make an impact on the lives of kids in your community.....kids like the one who posted the following message on our website (www.kidshelpphone.ca): I knew my fríend was sad but the løst few weeks she's been self- hørming... today she told me she wanted to kíll herself, I'm very worr¡ed. Please reply beþre she does somethíng to harm herself (aga¡n). Kids Help Phone is Canada's only free, 24-hotx,professional, bilingual, anonymous phone and online counselling, referral and information service for children and youth. Our professional counsellors provide immediate, con-fidential and caring support to young people living in urban, rural and remote locations across the country. Children and youth contact Kids Help Phone about every issue imaginable - from school, dating and family problems, to bullying/cyber- bullþg, addiction and abuse. Established in 1989, Kids Help Phone is recognized intemationally as a leader in the delivery of phone and online counselling to kids. This not-for-profit organlzation employs more than 100 highly skilled counsellors. It benefits from the support ofmore than 10,000 fundraising volunteers in over 50 communities from coast to coast, of which 14 chapters are in Ontario. Kids Help Phone maintains a comprehensive national computer database of children's services (currently 37,000) which enables counsellors to connect kids to resources in their own communities. A donation from Municipality of Bayham \ryould indicate that a sense of community and generosity is present in your municipality. A communitythat rallies together to help make a difference in the lives of its young people can achieve geat things. Ontario Regional Office, 439 University Avenue, Suite 300, Toronto, Ontario M5G lY8 Tel: 416-586- 5437 Fax:416-586-065f Email: ontario@kidshelpphorr"..ã I - Êo\ Correspondence dated October 1, 2008 from Kids Help Phone re... Page 35 of 138 Correspondence dated October 1, 2008 from Kids Help Phone re... Page 36 of 138 CORPORATE SPONSORS FOUNDING & OFFICIAL BMO Financial Group Bell Canada Nestlé Canada Parmalat Canada A & P/Dominion AIR MILES Reward Program Boston Piza Campbell Company of Canada Compæs Group Canada Empire Theatres Group 4 Securicor Kellogg Canada Microsoft Canada Motorola SobeYs MAJOR PATRONS Air Canada Aliant Bluenotes Canadian 5 Pin Bowlers' Association Farm Business Consultants The Hilton Family of Hotels Mattel Canada METRO Unigistix CORPORATE DONORS INSPIRATION CIRCLE Estate oflngeborg Anna Gerda Budimir Ontario Ministry of Education Osler, Hoskin & Harcourt Publicis Wallace & Carey EMPOWERMENT CIRCLE Baker Vandertuin BOSS Print + Creative CNW Group EnCana G,I.F.T. Atlantic iStudio RBC Foundation Shaw Zenith Optimedia MEDIA PARTNERS CTVglobemedia Gallop + Gallop The Magazine MuchMusic TVO Kids YTV . beingtherþ for þiflg www.kidshelpphone.ca Fact Sheet . Kids Help Phone provides toll-free, bilingual, confidential and anonymous phone and web counselling, referral and information for children and youth across Canada,24 hours a day, 365 days a year. . More than 10,000 committed volunteers help Kids Help Phone be there for kids by raising funds and awareness in their communities. o Kids Help Phone is a Canadian not-for-profit organization that receives no core government or united way funding. o President and CEO: Tom McAllister . Board of Directors Chair: Jerry Patava, Toronto Our Services ¡ Kids Help Phone helped kids in need from almost 3,000 communities more than two million times on the phone and online in 2007. . Age of clients: five to 20 years. Number of Issues Phone / 1,1Ëb Addictions ar¡d./or Usc ofDru6s/,{kohol / {¡eb) FünilT Relå1ioßhipr ft-19$J _ _ Iullying ./ (69å) Fact¡ ¡F I'ili - {Jlc6l / Pcs Rçletion¡hiF¡ {26e') \ orhs (3hãJ Physia.l Health lntl/orfü¡rms National Office,'439 University Ave, Suite 300, Toronto, Ontario, M5G 1Y8 Tel:476 586 5437 Fax: 416 586 0651 Correspondence dated October 1, 2008 from Kids Help Phone re... Page 37 of 138 r':rj.ri-::.,j iit : :t: i. . , .: :Coun,sell¡ng and information services are offered by phone and online, allowing kids to connect with a;coUnsellor whenever, and through whichever medium they choose. Kids Help Phone maintains a comprehensive national computer database of children's services (currently 37,000 listings) which enables counsellors to connect kids to resources in their own communities. Approximately 70% of the young people who contact Kids Help Phone are well-functioning kids dealing with the everyday problems of growing up or fácing a crisis they cannot handle using their normal support systems; 30% of contacts are from children at risk, who don't have the confidence or the skills to approach the challenges of growing up and are at risk of turning to potentially dangerous solutions because they lack the support necessary to deal with their problems. Kids Help Phone's onling services include: entries to the "Çxp¡ess Yourself' section; visits to the informational topic and link libraries; and reading questions from other kids in the "Ask a Counsello/' sections and benefiting from the counsellors' re5ponses. Almost 80 young people read and benefit from the öounselling respohses'to each question asked online. Our Gounsellors o Kids Help Phone is one of the f,ew help lines that uses highly-trained, professional counsellors on the phone and online, . There are approximately 100 full-time and part-time counsellors working at Kids Help Phone. . Counsellors working at Kids Help Phone are all trained professionals with a minimum of three to five years of relevant experience in thê'sböiai sèrviöb sector and a wide variety of backgrounds inclu-ding: child welfare and protection servicéèì education, public health, sexual health, socialwork, psychology and sociology. Our Partners ¡"'i:. . Start-up fund are supplied by Kids Help Phone's founding spo ithe Student Ambassador Program),BellCanada, :. . Kids Help Phone relies oñ: partners, government and-rjet's, and corporate and individual donors to raise the ;kids. üiãur tounoing partners, sponsors, marketing funds we need to conti For More lnformation Lindsay George, Manager, Communications Tel: (416) 581-8974; Fax: (416) 586-0651 E-mail: lindsay. george@kidshelpphone.ca * beins ther"e far ftjflgCorrespondence dated October 1, 2008 from Kids Help Phone re... Page 38 of 138 5 5r9 6 57-8320 allan@ cangrow.com A NEV/ TWIST TO THE LIVESTOCK KEEPING ISSUE IN BAYHAM CBC's popular radio program, Ontario Morning, reported on a novel means of controlling troublesome weeds on urban, open space. The City of Prince George contracted goats, in a pi- lot project, for its municipally owned green space. It was highly successful. Weeds often escaping herbicides such as 2,4-D )oxeye daisy, hawkweed, dandelion, horsetail and thistle) were devoured voraciously by the urban goat herd. These gentle creatures provided novel, non toxic and effective weed control. They left behind some very valuable natural fefülizer for the desired gtass species. The project turned out to be awin - win one forthe city. Attention: Mayor Acre, Councillors and Staff. I have kept goats our Con. 1, Lot 10 property )I2.4 acres within the boundaries of the former Village of Port Burwell, the former Town Line to Bayham) for over 30 years. There is another 12.4 aqes of bush and the ball park to our south-east. It is clearly open space and zoned so. We never had a complaint in the 30 years, with the exception of action by two fellow Coun- cillors. Said action was first dismissed by the By-Law Officer at the time. He discovered no odour, nor any neighbouring concern. The action was purely political. A judge took 5 minutes to declare my goat herd, outside the Municipal By-Law. My remaining old pair of does are over 15 years (life expectancy 72 years on average). When they die they will not be replaced and we will have to go back to the polluting lawn more. I hope it does not come down to another legal issue. At their age, these old girls would suffer at any other place. We do not know what we will do when one dies first. I appreciate your position with the chickens downtown. I am wondering if you can draft a by-law to avoid upsetting those who have kept livestock in open space across the Municipality without being a nuisance to neighbours or threatening the Otter. It was brought to my attention, that some residents would prefer a couple of chickens in a well built coop in terms of aesthetics, humane treatment etc., to dealing with barking dogs and vis- cous dogs on a daily and nightly basis. My neighbour even has a rooster and I enjoy his vocals when I head down for the morning pa- per. I wish you good luck in the issue before you. The good news is, you have other munici- palities to share notes with on the backyard chicken issue. Sincerely, Allan Spicer P,0. Box 179 Port Burwell, ON NOJ 1TO From the Desk of Allan Spicer Can Grow Cron Solutions nnQ ìr ,(ø- fp* tolto/b( Correspondence received Nov 12, 2008 from Allan Spicer regar... Page 39 of 138 FOLIAR PROGRAM 1. Perc and Phos with first Roundup $8.00/a crop boost and far more Effective weed control 2. Relief with last Roundup - weed control Increased digestibility $401 a Total foliar $48/a Our plots have shown and you have seen. Higher energy and starch - less corn Fibre digestibility increases - each point : 0.55 lbs./a milk per cow per day Lower indigestible lignin More tons to acre of silage I grarn Drought protection and stress protection with Relief Side dress program test - Strathroy - Enclosed Pamphlet Many other tests Correspondence received Nov 12, 2008 from Allan Spicer regar... Page 40 of 138 400 Clyde Road, P.O. Box729 Cambridge, ON N1R 5W6 Phone: 519.621 .2761 Toll free: 866.900.4722 Fax: 5i 9.621 .4844 Online: www.grandriver.ca November 7.2008 To: Municipal Clerks and Protection Region Gatfish Creek G.A. 8079 Springwater Road, R.R. #5 Aylmer, ON N5H 2R4 Fax: (519) 765-1489 Attn: Kim Smale Re:Gonsultation on the Lake Erie Region Source Protection Committee Terms of Reference As part of the development of drinking water source protection plans, the Lake Erie Region Source Protection Committee (the Committee) has completed their proposed Terms of Reference (TOR) outlining the work plans for the watershed's Assessment Report and Source Protection Plan, as required by the Clean Water Act, 2006 and Ontario Regulation 287107. The Committee has developed a TOR for each of the four source protection areas (watersheds) in the Lake Erie Region (Catfish Creek, Grand River, Kettle Creek and Long Point Region Source Protection Areas), From September 5 to October 10, 2008, the Committee released the draft Terms of Reference for a public comment period, and held public meetings in each watershed. Several municipal and public comments were received, and these comments were reviewed and considered atthe October 16 and November6 Committee meetings. The Terms of Reference were updated accordingly and approved on November 6. The Terms of Reference have now been released for a second time for a 30-day comment period, from November 7 ,2008 to December 6, 2008. We encourage you to take this opportunity to review the enclosed draft Terms of Reference during this public comment period, to ensure that the Committee has addressed any comments you made on the draft Terms of Reference to your satisfaction. lf you choose to make additional comments, the comments will be sent to the Minister of the Environment as part of the Source Protection Authority's submission of the Terms of Reference in mid-December 2008. Comments on the respective Terms of Reference can be sent to the addresses noted below, or by email to comments@sourcewater.ca. Éca Chiefs of First Nations Bands in the Lake Erie Source *òÊ() Grand River G.A. 400 Clyde Road Cambridge, ON N1R 5W6 Fax: (519) 621-4844 Attn: Lorrie Minshall Canadian Heritage Rivers System ISO 14001 Regisfered Correspondence dated November 7, 2008 from Grand River Conse... Page 41 of 138 Kettle Creek C.A. Long Point Region G.A. 44015 Ferguson Line, R.R. #8 146 Radical Road St. Thomas, ON NsP 3T3 Simcoe, ON N3Y 4K2 Fax: (519) 631-5026 Fax: (51 9) 428-1520 Attn: Luiza Moczarski Attn: Cliff Evanitski Copies of the all four Terms of Reference for the Lake Erie Source Protection Regiôn can be viewed on www.sourcewater.ca. Additionally, the public can view the Terms of Reference at conservation authority head office locations listed below: Gatfish Creek Gonservation Authority Grand River Conservation Authority 8079 Springwater Road, R.R. #5 400 Clyde Road Aylmer, ON NsH 2R4 Cambridge, ON N1R 5Wo Kettle Greek ConServation Authority Long Point Region Gonservation Authority 44015 Ferguson Line, R.R. #8 146 Radical Road St. Thomas, ON NsP 3T3 Simcoe, Norfolk ON N3Y 4K2 lf you have any questions regarding the Terms of Reference or the Ontario Drinking Water Source Protection process, please do not hesitate to contact me (l m insha I l@o randriver. ca, 51 9-620-7 57 5). Sincerely, Lorrie Minshall Director, Lake Erie Region Source Protection Program Correspondence dated November 7, 2008 from Grand River Conse... Page 42 of 138 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM STAFF REPORT TO: Mayor & Members of Council FROM: Kyle Kruger, Administrator SUBJECT: Conditions - V/inkworth and Tait Minor Variances NUMBER: D2008-045 Purpose This report is to complete conditions respecting minor variance applications A-03/08 and A- 04108 (Winkworth and Tait). Background At its'meeting of October 16,2008, Council adopted the following resolution: "THAT Con/ìdential Memo regarding legal matter be received; AND THAT Council endorse the settlement regarding Minor Variance Applications, Winh,vorth and Tait, as recommended by the municipal solicitor." The OMB has since completed the hearing via teleconference, and issued an oral decision implementing approval of the minor variances, subject to the approved conditions. The Municipality and property owners are now in position to complete those conditions in order to facilitate issuance of building permits. Staff Comments Of the conditions implemented, two require further Council approval: 1. Conveyance ofone-foot reserve - Chapel Street In order to restrict access to the Tait property from Chapel Street, a condition was included that the owners convey a one-foot reserve along Chapel Street to the Municipality. In return, the Municipality is to provide a licence to access to the owners at an agreed location. The Owners have now provided the appropriate survey to proceed with the transfer. As a result of conveying this reserve though, fencing previously installed by the owners along the property line then lies within the one foot reserve. An Encroachment agreement is therefore required to recognize this and permit it to continue. By-laws to complete these arrangements are attached to this report for enactment. 2. Landscape Plan The conditions also require the owners provide a landscape plan to be approved by the Municipality. A plan was submitted and circulated to Council at it's meeting November 6th. Concerns were expressed by staff at that time, that the landscape plan did not entirely correspond with the grading plan submitted for the properties, including a discrepancy in the driveway location on Chapel Street. In addition, certain plantings on the westerly property are within the existing sanitary sewer easement in close proximity to the sewer main. Staff have requested these be relocated. The owners have now provided a revised gradingldrainage plan DATE: November 17.2008 FILE: Staff Report D2008-045 regarding Conditions - Winkworth and ... Page 43 of 138 prepared by CJDL Consulting Engineers that incorporates the landscape plan, to ensure consistency. As such, staff are satisfied with the landscape plan as now filed, subject to the amendment noted. Other issues Council also raised concerns at the November 6th meeting regarding the consolidation of the former severed lots to establish the two now in place. The owners' solicitor confirms that application to consolidate these properties has been completed and registered at the land registry office. To clariff where concern may be raised, there remains the underlying plan of subdivision for the village of Straffordville (Plan 205). It may be argued that lots identified on that original plan of subdivision can be conveyed without new planning approvals (this would be the case for other lots as well). The condition on the minor variances is intended to restrict the lot sizes as long as the accessory buildings are present. The solicitor has identified two options available for the Municipality to further preserve the current lot configuration, should that be a concern: 1. deem the underlying plan of subdivision not to be a plan of subdivision or, 2. amend the zoning applicable to these lots so that the minimum lot size corresponds to the current parcel size. It is indicated that either of these options would have a relatively low cost. The owners have undertaken that they would not object to the rezoning. Attachments: 1. Draft By-law No. 2008-112, to authorize the execution of such documents as may be necessary to provide for the acquisition of real property from Gordon and Mindy Tait (one foot reserve). 2. Draft By-law No. 2008-113, to authorize the execution of an Encroachment Agreement between Gordon and Mindy Tait and the Municipality of Bayham. 3. Draft By-law No. 2008-l 14, to authorize the execution of a licence agreement between the Municipality of Bayham and Gordon and Mindy Tait to cross municipal property. Recommendation THAT the landscape plan as submitted as condition of approval of minor variance A-03/08 and A-04i08 (Winkworth and Tait) be approved. AND THAT draft By-laws No. 2008-112,2008-113, and 2008-114 be presented to Council for enactment. Staff Report D2008-045 regarding Conditions - Winkworth and ... Page 44 of 138 THE CORPORÁ.TION OX' THE MUNICIPALITY OF' BAYI{AM BY-LAWNO.2008-tt2 A BY-LAW TO ÄUTHORTZETTßACQrrrSTrON OFREAL PROPERTY IN TIIE MTJNICIPALITY OF BAYIIAM DESCRIBED AS PART OF LOTS 1 A¡TD 12, BLOCK B, REGISTERED PLAN 205. DESIGNATED AS PARTS 1 AND 2 ONPLAII llR-9004 \üIIEREAS Section 8 of the Municipal Ac! 2001, S.O. 2001, c.25, as amended, provides that a municipality has the capacity, rights, powers, and privileges ofa natural person for the purpose of exercising its authority under this or any other Act, AND WHEREAS the Council of the Municipality of Bayham is desirous of acquiring propefy for the purpose ofa one foot reserve abutting Chapel Sfreet; AND WHEREAS the Council of the Municipatity of Bayham deems it necessary to approve the acquisition by by-law; NO\ry TIIEREFORE THE COT]NCIL OF TIIE CORPORATION OF TIIE MUNICPALITY OF'BAYIIAM ENACTS AS F'OLLOWS: 1. TIIAT the Council of the Municipality of Bayham hereby authorizes and directs the Mayor and Clerk to execute such documents as may be necessary to provide for the acquisition of real property from Gordan and Mindy Tai! being part of Lots 1 and 12 Block B, Registered Plan 205, Designated as Parts I and2 on Plan l1R-9004. 2. AND TIIAT this by-law shall come into full force and effect upon final passing. READ A FIRST, SECO¡ID AND TTIIRD TIME AND FINALLY PASSED TIIIS 171'II DAY OFNOVEMBER2OOS. MAYOR CLERK Staff Report D2008-045 regarding Conditions - Winkworth and ... Page 45 of 138 TIIE CORPORATION OF' TIIE MUMCIPALITY OF BAYIIAM BY-LAW NO.2008-113 Ä, BY-LAW TO AUTHORIZETHEEXECUTION OT'AII ENCROÄ'CHMENT AGREEMENT BETWEEN THE MIJMCIPALITY OF BAYIIAM AND GORDAI\ AND MINDY TAIT WHEREAS the Council of the Corporation of the Municipality of Bayham is desirous of entering into an encroachment agreement witlr Gordon and Mindy Tait regarding property known municipally as 56170 Heritage Line. NOW THEREF'ORE THE COI]NCIL OF TIIE CORPORATION OF TIIE MUNICIPALITY OT' BAYIIAM ENACTS AS FOLLOWS: 1. TIIAT the Mayor and Clerk be and are hereby authorized to execute the Encroachment Agreement attached hereto as Schedule "4" and forming part of this byJaw between Gordon and Mindy Tait and the Municipality of Bayham. 2. TIIAT this byJaw shall come into full force and effect upon final passing. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 17TH DAY OX'NOVEMBER2OOS. MAYOR CLERK Staff Report D2008-045 regarding Conditions - Winkworth and ... Page 46 of 138 AGREEMENT AGREEMENT made in Quadruplicate this _ day of -, 2008. BETWEEN: and GORDON and MINDY TAIT hereinafter called the "Owner" OF THE FIRST PART THE CORPORATION OF THE MUNICIPALITY OF BAYHAM hereinafter called the "Municipality" OF THE SECOND PART 1. The Owner represent that they are the Owner of the lands and premises (hereinafter called "the lands") known municípally as 56170 Heritage Line, Straffordville. Ontario. 2. The Owners have requested the Municipality grant them permission to maintain and use the fence and pillar structure that encroaches upon a one foot reserve transferred by the Owner to the Municipality, that borders the west side of Chapel Street (hereinafter called "the encroachment") being Parts 1 and2 on Reference Plan 11R-9004, annexed hereto as Schedule "4" to this agreement. 3. The Council of the Municipality deems it appropriate to grant such permission to the Owners to maintain the encroachment as previously described subject to the terms, conditions and provisions of this Agreement and this Agreement has been authorized by a by-law of the Council, being By-law No. 2008-1'f 3. NOW THEREFORE, in consideration of the premises, and other good and valuable consideration and the covenants and agreement hereinafier to be performed, the parties hereto covenant and agree as follows: 1. The Municipality, during the pleasure of its Council, subject to the terms, conditions and covenants of this Agreement shall allow the Owner for the time being of the lands, the privilege of maintaining and using the structure on lands known municipally as 56170 Heritage Line that encroaches upon Chapel Street in the Village of Straffordville in the Municipality of Bayham, being Parts 1 and 2 on Reference Plan 11R-9004, annexed hereto as Schedule "4" to this agreement, until such time as the said structure shall be demolished, removed or destroyed or otherwise ceases to exist. 2. The Owner shall maintain the encroachment in all respects to the satisfaction of the Municipality upon its direction. 3. The Owner will always indemnify and keep indemnified the Municipality against all actions, suits, claims and demands which may be brought against or made upon the Municipality and against all loss, costs, damages, charges and expenses whatsoever which may be incurred, sustained or paid by the Municipality in consequence of the encroachment or otherwise by reason of the exercise by the Owner of the permission hereby granted to maintain this encroachment over and upon the said highway and the Owners hereby grant to the Municipality full power and authority to settle any such actions, suits, claims and demands on such terms as the MunicipaliÇ to pay to the Municipality on demand all monies paid by the Municipality in pursuance of any such settlement and also such sum shall represent the reasonable costs of the Municipality or its solicitors in defending or settling any such action, suits, claims or demands. Staff Report D2008-045 regarding Conditions - Winkworth and ... Page 47 of 138 4. The Owner covenants and agrees with the Municipality that the encroachment upon the said highway shall be limited to the encroachment depicted in Schedule "4" of this Agreement and that they will not increase, extend or enlarge or permit the increase, extension or enlargement of the said encroachment in any manner whatsoever unless approved by the Municipality. S. The Owner covenants and agrees with the Municipality that this agreement may be registered against the title to the lands and that the costs of the preparation and registration of this agreement shall be paid by the Owner. 6. The Owner covenants and agrees with the Municipality that in the event of the Owner transferring or selling the lands or any part thereof, the Owner shall forthwith notify the Municipality in writing of such transfer or sale together with the name and address of the transferee or purchaser. 7. The Owner covenants and agrees with the Municipali$ that for the purpose of this agreement, notice may be given to the Owner or owners for the time being, Oy mãiling the notice post paid and addressed to the owners of the address of 56170 Heritage Line. 8. This Agreement and everything herein contained shall respectively enure to the benefit of and be binding upon the said parties hereto, their heirs, executors, administrators, successors and assigns respectively. ln witness whereof the said parties hereto, have hereunto set their hands and seals and the Corporations have hereunto caused to be fixed their Gorporate Seals under the hands of their duly authorized officers in that behalf of this day of November, 2008. SIGNED, SEALED and DELIVERED in the presence of OWNER ( ( I THE CORPORATION OF THE MUNICIPALIW OF BAYHAM ( ( I ( ( ( Staff Report D2008-045 regarding Conditions - Winkworth and ... Page 48 of 138 -l- THE CORPORATION OFTHE MU]VCIPALITY OF BAYHAM BY-LAWNO.2008-ll4 A BY-LA\il TO AUTHORIZETHE EXECUTION OF A LICENCE AGREEMENT BETWEEN THE MT]NICIPALITY OF BAYHAM AND GORDAN AND MII\IDY TAIT TO CROSS MUNICIPAL PROPERTY WIIEREAS Gordon and Mindy Tait are the registered owners of the lands and premises known municipally as 56170 Heritage Line, Straffordville, Ontario. AND \ilHEREAS Gordon and Mindy Tait have requested that the Municipality grant them permission to construct, maintain and use apnvate driveway access across a one foot reserve that borders the west side of Chapel Street being Part I on Reference Plan 1 1R-9004. AND WIIEREAS the Council of the Corporation of the Municipality of Bayham deems it necessary and expedient to grant Gordon and Mindy Tait an irrevocable licence for the non- exclusive use ofthe one foot reserve for the purposes ofdriveway access. NOWTHEREFORE THE COIJNCIL OF THE CORPORATION OFTHE MT]NICIPALITY OF BAYIIAM ENACTS AS X'OLLOWS: 1. THAT the Mayor and Clerk be and are hereby authorized to execute the Agreement attached hereto as Schedule'A'and forming part of this byJaw between Gordon and Mindy Tait and the Municipality of Bayham. 2. THAT this by-law shall come into full force and eflect upon final passing. READ A FIRST, SECOND AND THIRD TIME AJ\D F'INALLY PASSED THIS 17TH DAY OF NOVEMBER2OOS. MAYOR CLERK Staff Report D2008-045 regarding Conditions - Winkworth and ... Page 49 of 138 -2- THIS LICENCE AGREEMENT is made this 18'' day of November, 2008 BETWEEN: THE CORPORATION OF THE MUNICIPALITY OF BAYHAM (Hereinafter referred to as the "Licensor") OF THEFIRSTPART -and- GORDON AND MINDY TAIT (Hereinafter refened to as the "Licensees") OF THE SECOND PART WHEREAS the Licensees are the registered owners of the lands and premises (hereinafter called "the Lands') known municipally as 56170Heitage Line, Straffordville, Ontario. AND WHEREAS the Licensees have requested that the Municipality grant them permission to construct, maintain and use a private driveway access across a one foot reserve that borders the west side of Chapel Street (hereinafter called '1he Crossing Lands") being Part I on Reference Plan 11R-9004, annexed hereto as Schedule '?" to this agreement. AND WHEREAS the Licensor is the owner of the Crossing Lands; IN CONSIDERATION of the premises and other good and valuable consideration the parties agree as follows: Grant of Licence l The Licensor hereby grants to the Licensees an irrevocable licence for the non-exclusive use ofthe Crossing Lands for the purposes hereinafter set forth: (a) The Licensees hereby accept the Crossing Lands in their condition as of the date hereofand shall not call upon the Licensor to do or pay for any work or supply any equipment to make the Crossing Lands more suitable for the proposed use by the Licensees hereunder. (b) The Licensees shall pay the Licensor Five ($5.00) Dollars as a licence fee upon the commencement of this Agreement, (c) The Crossing Lands may be used for the purpose ofconstructing, maintaining and using a private driveway crossing of the said one foot reserve, at a location specified on the Landscape Plan attached as Schedule "8" to this Asreement. Covenants by Licensees 2. The Licensees covenant with the Licensor: (a) To pay the licence fee set out in clause l. (b) To pay taxes (including local improvements) and all rates, fees and other charges imposed on or with respect to the Crossing Lands as same become due. (c) To use the Crossing Lands only for the purposes of the private driveway crossing. Staff Report D2008-045 regarding Conditions - Winkworth and ... Page 50 of 138 -3-(d) i:,üä',"i#"îxi',ïffiili:1î:::îïîi"lîfä'J'ffii'crea'and (e) To install, maintain and repair the private driveway crossing at its own expense. (Ð To ensure that no refuse, litter, garbage or loose or objectionable material accumulates in or about the Crossing Lands' (g) To ensure that no trees are removed and no grade changes are carried out. (h) To provide and maintain comprehensive general liability insurance in the minimum amount of One Million ($1,000,000.00) Dollars with respect to its use of the Crossing Lands during the full term of this Agreement and any extension thereof, naming the Licensor as an additional inswed, and to provide a certificate evidencing same, prior to execution ofthis Agreement and as required by the Licensor. Without limiting the generality ofthe foregoing, such public liability insurance shall contain provisions for crossJiabilþ, severabitity of interests, and no cancellations or alterations without the consent of the Licensor. O Not to assign this Agreement without the prior written consent of the Licensor, which consent may not be unreasonably withheld. 0) To leave the Crossing Lands in substantially the same condition by removing the private driveway crossing from the Crossing Lands, at the expþ of this Agreement as they were at the commencement of this Agreement. (k) To comply with all federal, provincial and municipal laws, rules, regulations and by-laws and to hold the Licensor harmless from the consequences ofits failure to do so. Installation. Repairs and Replacement 3. The Licensees may install, repair or replace the private driveway crossing' Indemnitv 4. The Licensees shall at all times indemniff and save harmless the Licensor from and against any and all claims, demands, losses, costs, charges, expenses, actions and other proceedings (including those in connection with workers' compensation or any similar or successor arrangement) made, brought against, suffered by or imposed on the Licensor to fulhll any part of its obligations under this Agreement or for any reason whatsoever or in respect ofany loss, damage or injury (including injury resulting in death): (a)To any person or property (including, without restricting the generality of the foregoing, employees, contractors, agents and property ofthe Licensor) directly or indirectly arising out of resulting from or sustained by reason ofthe occupation or use ofthe Crossing Lands, or any operation in connection therewith or any fixtures or chattels thereon, or (b) To any person while on adjoining lands ofthe Licensor in the course of that person's entry onto or exit from the Crossing Lands. Exclusion of Liability 5. The Licensor shall not be liable, directly or indirectly, for any personal injuries that may be suffered or sustained by any person who may be on the Crossing Lands or for any loss ofor damage or injury to property belonging to the Licensee or any other person unless such injury, loss or damage is due to the Licensor's negligence or default or the negligence or default ofthose for whom the Licensor is in law responsible. Staff Report D2008-045 regarding Conditions - Winkworth and ... Page 51 of 138 -4- Hold Harmless Obligation 6. The Licensees shall fully indemniff and save harmless the Licensor from a¡rd against all construction liens and related costs and other claims in connection with all work performed by or for the Licensees on the Crossing Lands, and shall promptly remove all registered claims from title. Default 7. If the Licensees default in performing any of their obligations under this Agreement the Licensor shall give wdtten notice to the Licensees of such default giving the Licensees Thitty (30) days to remedy such default, failing which the Licensor may terminate this Licence and the Licensees shall then forthwith remove its chattels and fixtures, if any, from the Crossing Lands and shall restore the Crossing Lands to the condition in which they were at the commencement of this Agreement. Notice 8. Any notice required to be given to the Licensor under the terms of this Agreement shall be sufhciently given if delivered to the Licensor or mailed by prepaid registered mail addressed to it at: Municipality of BaÈam P.O. Box 160 9344 Plank Road Straffordville. Ontario NOJ IYO Any notice required to be given to the Licensees under the terms of this Agreement shall be sufficiently given if delivered to the Licensees or mailed by prepaid registered mail addressed to the Licensees at: Gordon and Mindy Tait 56170 Heritage Line Shaffordville. Ontario NOJ IYO or at such other address as the Licensees may in writing designate. In either case, such notice shall be deemed to have been received on the date ofits delivery or in the case of mailing five (5) business days after it is delivered to the post ofhce. Successors 9. This Agreement shall enure to the beneht of, and be binding upon the parties and their respective successors and (where permitted) assigns and may be registered on title at the option ofeither party. IN WITNESS WHEREOF the parties have affixed their respective corporate seals attested by the hands oftheir respective offtcers duly authorized in that behalf' SIGNED, SEALED AND DELTVERED in the presence of THE CORPORATION OF THE MLINICIPALITY OF BAYHAM Mayor Per: Clerk GORDON TAIT MINDYTAIT Staff Report D2008-045 regarding Conditions - Winkworth and ... Page 52 of 138 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM CONFIDENTIAL STAF'F REPORT TO: Mayor & Members of Council FROM: Kyle Kruger, Administrator SUBJECT: Land Transfers - Moore Bridge Project DATE: November 6.2008 FILE: (o= NUMBER: L2008-03 Purpose This report is to finalize outstanding issues surrounding land transfers and easements with Soreny Farms Limited and Christine Szorenyi associated with the Moore Bridge Project on Sandytown Road. Background The former Township of Bayham initiated works referred to as the Moore Bridge Project on Sand¡own Road a number of years ago. As part of that project, certain land acquisition was required from abutting properties. Attached is a copy of report T99004 considered by Council in 1999 that outlines outstanding issues at that time. The arrangements as outlined in 1999 contemplated further capital works on Sand¡own Road (as were contained in the original agreements). However those works did not meet with the Municipal budget priorities in1999 or subsequent years, and as a result the various land transfers were not completed. These land transfers remain outstanding (along with final payments), as do the associated easement agreements. Staff Comments Staff have had a number of discussions and meetings with Mr. Michael Szorenyi over the last year in particular, in an effort to conclude the matter. At this time, it appears the parties are in agreement. In summary, the following needs to be completed: . Lands identified as Parts 5 and 6 on Reference Plan 11R-5215 will be acquired from Soreny Farms Limited and Part I on Reference Plan llP.-6242 and Parts 1 and 3 on Reference Plan 11R-5215 will be acquired from Christine Michele Szorenyi for the pulpose of road widening. Also, Part2 on Plan 11R-5215 (the current given road) will be included in the transfer documents for clarification. Following the completion of all transfers, the lands will be dedicated part of the traveled road. . Easements will be granted to Christine Michele Szorenyi and to Soreny Farms Limited over the subject lands. . The original "Works Agreement" between the Township of Bayham and Soreny Farms Limited and Christine Michele Szorenyi for various works will be repealed. . Final payment of 56,277.50, being the balance of the 510,777.50 purchase price for the land required for road widening will be paid ($3,138.75 each to Soreny Farms Limited and Christine Szorenyi). Staff Report L2008-03 regarding Land Transfers - Moore Bridg... Page 53 of 138 In order to finalize all these matters, the following by-laws of the former Township of Bayham should be repealed, and new authorizing by-laws adopted: By-laws to be Repealed: . By-law 96-27 to acquire lands designated as Parts 1, 3, 5, and 6 Plan 11R-5215 and Part I Plan l lR-6242 . By-law 96-28 to assume Parts l, 3, 5, and 6 Plan 11R-5215 and Part 1 Plan llR-6242 as Part of the Public Highway . By-law 97-54 to authorize an easement agreement with Christine Michele Szorenyi . By-law 97-55 to authorize an easement agreement with Soreny Farms Limited . By-law 97-56 to authorize an agreement with Christine Michele Szorenyi and Soreny Farms Limited for various works. Attachments 1. By-law 2008-106, to Authorize the purchase of real property in the Municipality of Bayham, described as Part of Lot 124, Concession NTR, designated as Parts 2,5 and 6 on Plan 1lR-5215. 2. By-law 2008-107, to Authorize fhe purchase of real property in the Municipality of Bayham, described as Part of Lot 124, Concession NTR, designated as Parts I and 3 on Plan I lR-5215 and Part I on Plan IIP.-6242. 3. By-law 2008-108, to Authorize the execution of an easement agreement between Soreny Farms Limited and the Municipality of Bayham. 4. By-law 2008-109, to Authorize the execution of an easement agreement between Christine Michele Szorenyi and the Municipalþ of Bayham. 5. By-law 2008-110, to repeal certain By-laws passed by the former Township of Bayham. Recommendation That By-laws No. 2008-106, 2008-107,2008-108, 2008-109, and 2008-110 be presented Council for enactment. ectfully,submitted Staff Report L2008-03 regarding Land Transfers - Moore Bridg... Page 54 of 138 CORPORATION OF THE MUNICIPALITY OF BAYHÄM STAFF REPORT TO: Mayor & Members of Council FROM: Co-ordinator of Planning SUBJECT: Moore Bridge Project Sandytown Road Part Lot 124. North Talbot Road DATE: Aprr1.30,7999 FILE: T03 NUMBER: T99004 Background Comments The purpose of this report is to provide Council with an update on the status of the road widening project in the vicinity of the Moore Bridge on Sandytown Road (formerly Centennial Road). Correspondence in this file dates back as far as 1972,however, the project is nearing completion. After extensive negotiation with the affected property owners, the following summarizes the status of agreements and corresponding byJaws with regard to the land purchases, easements and works 1s þs ssmpleted: By-law 96-27 enacted May 16, 1996 authorizedthe acquisition of land comprising of Part Lot 124, NTR and designated as Parts 5 and 6 on Reference Plan 11R-5215 from Soreny Farms Limited and Part 1 on Reference Plan 1 lR- 6242 and Parts I and 3 on Reference Plan 11R-525 from Christine Michele Szorenyi for the purpose of road widening. Transfer/Deeds must still be nrepared. executed bv all parties and reeistered in the Land Reeistrv Office. By-law 96-28 enacted May 16, 1996 to assume Parts 1, 3, 5 and 6 on Reference Plan 11R-5215 and Part I on Reference Plan IIR-6242 as part of the public highway. and registered after the work has been completed and the transfer/d eeds registered. By-law 97-54 enacted December 18,1997 avthorized execution of an easement agreement with Christine Michele Szorenyi for irrigation and drainage purposes for lands described aPart I on Reference Plan llF*6242 and Parts 1 and 3 on Reference Plan 1 1R-5215 and to repeal By-law 96-34. Agreement was executed bv Reeve Volkaert and Clerk Maureen Szorenvi executed the asreement on December 15. 1997. This Asreement and Bvlaw 97-54 must be resistered. Staff Report L2008-03 regarding Land Transfers - Moore Bridg... Page 55 of 138 SuffReport T99004 April30,1999 Page 2 n__açEground Comments ( By-Iaw 97-55 enacted December I8,1997 authorized execution of an easement agreement with Soreny Farms for irrigation and &anage purposes for lands described a Parts 5 and 6 on Reference Plan 11R-5215 and to repeal By-law 96-35. Agreement was executed bv Reeve Volkaert and Clerk Maureen for Sorenv X'arms executed the agreement on December 15. 1997. This Aereement and Bv-law 97-55 must be resistered. By-løw 97-56 enacted December 18, 1997 authorized execution of a "Works Agreement" jointly between the Township of Bayham and Soreny Farms Limited and Christine Michele Szorenyi for various works to be undertaken. A summary of the works to be undertaken by the municipality includes installation of a fourteen inch culvert for irigation purposes; alteration of the grade of the hill located south of the bridge to a three (3) to one (1) slope in accordance with plans prepared by Spriet Associates Limited; provision of access of adequate width and strength to each farm field to the satisfaction of the Public'Works Superintendent. Äqreement was executed bv Reeve Volkaert and Clerk Maureen Beattv. Michael Szorenvi for Soreny Farms and Christine Michele Szorenvi on December 18. 1997. The Aereement and Bv-law 97-56 must be registered. Other Considerations . Council must determine when the works are to proceed as the Agreement indicates that Soreny Farms Limited and Christine Michele Szorenyi are to receive six months notice ofthe commencement date. However, this requirement may not be required if all parties agree to a shorter time frame. . The works should not be undertaken during a season when tobacco is planted. The Agreement indicates that there may be damage to crops arising from the works and the municipality will pay for any damages at fair market value except for rye crop. If rye crop is damaged, the crop is to be replanted by the municipality. o The Public'Works Superintendent has estimated the cost of the works to be $50,000 which should be discussed and considered during 1999 budget deliberations in order to determine when the works will proceed. (The Works Agreement will terminøte on December 3 I , 200 I or when the works are completed, whichever occurs first).. Payment of 56,277 .50, being the balance of the $10,777 .50 purchase price for the land required for road widening must be budgeted for and paid to "Groom and Szorenyi In Trust". Staff Report L2008-03 regarding Land Transfers - Moore Bridg... Page 56 of 138 StaffReport T99004 April 30, 1999 Page3 Suggested Recommendation *THAT StaffReport T99004 regarding the Moore Bridge Project, affecting Part Lot 124, North Tatbot Road on Sandytown Road (formerly Centennial Road) be received; AND THAT staff be directed to retain Gibson, Linton, Toth, Campbell and Bennett to prepare the necessary documentation, required Affidavits and to register the associated By-laws, Agreements and Transfer Deeds; AND THAT payment of 561277.50 be included in the 1999 current budget for consideration and if approved, paid to Groom and Szorenyi in Trust, being the outstanding balance for the purchase of the required lands for road widening purposes, being Part 1 on Reference PIan llR-6242 and Parts 1, 3, 5 and 6 on Reference Plan 11R-5215 as described and authorized by Township of Bayham By- law No. 96-27; AND THAT the cost of the works estimated at $50,000 be considered during 1999 budget deliberations to determine when the project shall proceed; AND THAT Spriet Associates limited be retained to act as a consulting engineer of the project in accordance with their plan dated December 22r l99B; AND THAT Michael Szorenyi, Groom and Szorenyi, Barrister and Solicitor, representing Soreny Farms and Christine Michele Szorenyi be notified of this resolution.tt Respectfu lly submitted, Maureen Beatty Staff Report L2008-03 regarding Land Transfers - Moore Bridg... Page 57 of 138 THE CORPORATION OF TITE MIJNICIPALITY OF' BAYHAM BY-LA\il NO. 2008-106 ABY-LAW TO AI]TIIORIZETHß PIJRCHASE OF REAL PROPERTY IN TIIE MT]MCIPALITY OF BAYHAM DESCRIBED AS PART OX'LOT 124, CONCESSTON NTR,IN THE MT]NICIPALITY OF BAYIIAM, DESIGNÄTED AS PARTS 2, 5 A¡ID 6 ON PLA¡I 11R-5215 \YIIEREAS Section 9 of the Municipal Act,200l, S.O. 2001, c. 25 as amended provides that a municipality has the capacity, rights, powers and privileges ofa natural person for the purpose of exercising its authority under this or any Act; AND IVHEREAS Section l1 of the Municipal Act, 2001, S.O. 2001, c.25 as amended provides that a lower tier municipalþ may pass by-laws respecting Highways, including parking and traffic on highways; AllD WHEREAS the Council of the Municipality of Bayham is desirous of acquiring property for the purpose of road improvements for the road known as Sand¡own Road; AI\D WIIEREAS the Council of the Municipality of Bayham deems it necessary to approve the acquisition by by-law; NOW THEREFORE TIIE COIJNCIL OX' TIIE CORPORATION OF TIIE MI]MCPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. TIIAT the Council of the Municipality of Bayham hereby authorizes and directs the Mayor and Clerk to execute such documents as may be necessary to provide for the ptrchase of real property from Soreny Farms Limited, being part of Lot 124, Concession NTR" in the Municipality of Bayham, desigrated as Pa¡ts 2,5 ard 6 on Plan l lR-5215. 2. AND THAT consideration for the said acquisition of real property shall be in the amount of $3138.75 3. AND THAT this by-law shall come into full force and effect upon final passing. READ A tr'IRST, SECOND AND THIRD TIME A¡ID FTNALLY PASSED THIS 2OTH DAY OF NOVEMBER.2O()S. MAYOR CLERK Staff Report L2008-03 regarding Land Transfers - Moore Bridg... Page 58 of 138 THE CORPORATION OF THE MI]NICIPALITY OF BAYIIAM BY-LAW NO.2008-107 A BY.LA\il TO AUTHORIZE THE PI]RCIIASE OF'REAL PROPERTY IN THE MUMCIPALITY OX'BAYHAM DESCRIBED AS PART OF LOT 124, CONCESSION NTR,IN THE MI'¡ICIPALITY OF BAYIIAM, DESIGNATED AS PARTS 1 AND 3 ON PLA¡I 11R.5215 AND PART 1 ON PLAII IIR-6242 \YHEREAS Section 9 of the Municipal Act, 2001, S.O. 2001, c.25 as amended provides that a municipality has the capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority under this or any Act; AND WHEREAS Section ll of the Municipal Act, 2001, S.O. 2001, c. 25 as amended provides that a lower tier municipality may pass byJaws respecting Highways, including parking and traffic onhighways; A¡lD \ilHEREAS the Council of the Municipality of Bayham is desirous of acquiring property for the purpose of road improvements for the road known as Sand¡own Road; AND \ilHEREAS the Council of the Municipality of Bayham deems it necessary to approve the acquisition by by-law; NO\ü TI{EREFORE TIIE COIJNCIL OF' TTIE CORPORATION OF TIIE MT]IIICPALITY OF BAYIIAMENACTS AS X'OLLOWS: 1. THAT the Council of the Municipality of Bayham hereby authorizes and directs the Mayor and Clerk to execute such documents as may be necessary to provide for the purchase of real property from Christine Michele Szorenyi Brown, being part of Lot 124, Concession NT& in the Municipality of Bayham, designated as Parts 1 and 3 on Plan 11R-5215 and Part I on Plan llR-6242. 2. AND TIIAT consideration for the said acquisition of real property shall be in the amount of $3138.7s 3. A¡lD THAT this by-law shall come into full force and effect upon final passing. READ A X'IRST, SECOND AND THIRD TIME AND F'INALLY PASSED THIS 2OTH DAY ox'NOVEMBER" 2008. MAYOR CLERK Staff Report L2008-03 regarding Land Transfers - Moore Bridg... Page 59 of 138 THE CORPORATION OF'THE MI]NICIPALITY OF BAYHAM BY-LAW NO.2008-108 A BY.LA\üTO AUTHORIZE TIIE EXECUTION OF AII EASEMENT AGREEMENT BETWEEN SOREI\IY FARMS LIMITED AI\D THE MT]MCIPALITY OF'BAYHAM AND WIIEREAS Section ll of the Municipal Act,200l, S.O. 2001, c.25 as amended provides that a lower tier municipality may pass by-laws respecting Highways, including parking and hafüc on highways; AI\[D WHEREAS Section 8 of the Municipal Ac! 2001, S.O. 2001, c.25 as amended provides that a municipality has the capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority under this or any other Act, Ai\D WHEREAS the Council of the Corporation of the Mwricipality of Bayham deems it necessary and expedient to execute an easement agreement with Soreny Farms Limited to permit the operation and maintenance of an irrigation and drainage system. NO}V TIIEREX'ORE TIIE COT]NCIL OT' TIIE CORPORATION OF TIIE MT]NICPALITY OX' BAYHAM ENACTS AS FOLLOWS: l. TIIAT the Mayor and Clerk be and are hereby authorized and directed to execute the Easement Agreement with Soreny Farms Limited affixed hereto and forming part of this Bylaw as Schedule "4". 2. THAT the executed agreement shall be registered in the Land Registry Office for the Registry Division of Elgin (No. l1). 3. AND THAT this byJaw shall come into full force and effect upon final passing. READ A FIRST, SECOND AND THIRD TIME A¡ID FINALLY PASSED THIS 20th DAY OF'NOVEMBER.2OO8. MAYOR CLERK Staff Report L2008-03 regarding Land Transfers - Moore Bridg... Page 60 of 138 THIS AGREEMENT made rhe day ofSeptember, 2008. BETWEEN: The Corporation of the Municipality of Bayham P.O. Box 160, Shaffordville, Onrario NOJ 1y0 (hereinafter called the "Owner") OF THE FIRST PART -anc- Soreny Farms Limited 14 Tillson Avenue, Tillsonburg, Ontario N4G226 (herein;'.fter called the "Company'') OF THE SECOND PART WHEREAS the Owner is the owner in fee simple of the property of the property described in Schedule "4" hereto (the "Property"); AND WHEREAS the Company is the former owner of the Properfy and requires an Easement over the Property for the purposes of irrigation and drainage, including the construction and maintenance of underground pipelines and installation and maintenairce of pumper or pumps for irrigation pulposes and fo¡ access to its adjacent lands; AND WHEREAS the Owner has agreed to grant to the Grantee an Easement in perpetuity to enter upon the Property for the said purpose on the terms hereafter set forth; NOV/THEREFORE THiS AGREEMENT WITNESSETH thatin consideration ofthepaymentby the Companyto the Owner in the amount of Two Dollars ($2.00) and consideration of the due and valid transfer of the property ÍÌom the Company to the Owner, and other good and valuable consideration, the receipt arid sufficiency ofwhich is hereby acknowledged, the parties hereto agree as follows: 1l.The Company shall have a free, unintemrpted, and unobstructed right of easement in perpetuity to enter upon the Property for the purpose of using, repairing, inspecting, replacing, removing, altering, operating and maintaining an inigation and drainage system and all associated works (including irrigation pumps) (hereinafter called the "Associated Works"), which the Company may deem necessary or convenient thereto for the purposes of running an irrigation system on any lands owned by the Company which lie adjacent to the Property and for the purpose of accessing its adjacent lands. The Owner shall provide access of adequate width and strength for fully loaded farm equipment to each field owned by the Company. The Company shall exercise these rights subject to the provisions of this Agreement. The Company may not use the Easement for any purpose other than the purpose set out in paragraph 1 above. The Companyrvill, at its own expense, as soon as reasonablypossible after anywork on the Propertyby the Company or at its direction, remove all surplus soil, fill in all excavations and restore all fences and other structures and obstructions and restore the land surface and improvements thereon to the same conditiort as prior to the commencement of any such work or any subsequent work thereto and, without limiting the generality of the foregoing, shall from time to timedo whatever grading, leveling, paving, landscaping ofthe Property as may be required as a result of the exercise by the Company of its rights in relation to the said easement. The Company agrees to give seventy-two (72) hours written notice to the Owner before the commencement of any work which may affect the Property and before entering in, on or upon the Property for the purposes of exercising its rights under this Agreement. 2 3 A Staff Report L2008-03 regarding Land Transfers - Moore Bridg... Page 61 of 138 5 6 ,7 Page 2 of 3 shall bear the reasonable costs of such relocation. The Company shall not assign, transfer, sell or otherwise dispose of its rights under this Easement in whole or in part without the prior written consent of the Owner, which consent shall not be un¡easonably withheld. This Agreement shall extend to and be binding upon and enure to the benefrt of the Owner and the Company and their respective successors and assigns. This Agreement shalt be read with all changes in gender and in number as circumstances requrre. IN WITNESS WHEREOF the parties hereto have executed this Agreement. 8 SIGNED, SEALED AND DELIVERED in the preseuce of t0 THE CORPORATION OF THE MUMCIPALITY OF BA\TIAM per: Name: Title: Name: Title: We have authority to bind the corporation SORENY FARMS LMITED per: Name: Title: I have authority to bind the corporation. Staff Report L2008-03 regarding Land Transfers - Moore Bridg... Page 62 of 138 SCHEDULE "A" Part of Lot 124, Concession North of Talbot Road (NTR), in the Municipality of Bayham, formerly in the Township ofBayham, in the County ofElgin designated as PARTS s an¿ o on Reference plan 11R-5215. Staff Report L2008-03 regarding Land Transfers - Moore Bridg... Page 63 of 138 THE CORPORATION OF TIIE MI]NICIPALITY OF BAYHAM BY-LA\il NO. 2008-109 A BY-LAWTO AUTHORIZE TIIE EXECT]'TION OF AI\I EASEMENT AGREEMENT BETWEEN CHRISTINE MICHELE SZOREIYYI AND TIIE MIJNICIPALITY OX' BAYHAM AI\D WIIEREAS Section I I of the Municipal Act, 2001, S.O. 2001, c. 25 as amended provides that a lower tier municipality may pass byJaws respecting Highways, including parking and traffic onhighways; AND WIIEREAS Section 8 of the Municipal Act, 2001, S.O. 2001, c.25 as amended provides that a municipalþ has the capacity, rights, powers and privileges ofa natural person for the purpose of exercising its authority tnder this or any other Act. AI\D \ryHEREAS the Council of the Corporation of the Municipality of Bayham deems it necessary and expedient to execute an easement agreement with Christine Michele Szorenyi to permit the operation and maintenance of an irrigation and drainage system. NO\il TIIEREFORE THE COI]NCIL OF TIIE CORPORATION OT' THE MT]MCPALITY OF BAYHAM ENACTS AS F'OLLOWS: 1. THAT the Mayor and Clerk be and are hereby authorized and directed to execute the Easement Agreement with Ch¡istine Michele Szorenyi affixed hereto and forming part of this By-law as Schedule "4". 2. THAT the executed agreement shall be registered in the Land Registry Office for the Registry Division of Elgin (No. 1 l). 3. AND THAT this byJaw shall come into fi¡ll force and effect upon final passing. READ A X'IRST, SECOND AND THIRD TIME AND FINALLY PASSED TIIIS 20th DAY OF NOVEMBER,2008. MAYOR CLERK Staff Report L2008-03 regarding Land Transfers - Moore Bridg... Page 64 of 138 THIS AGREEMENTmade rhe day ofSeptember, 2008. BETWEEN: The Corporation of the Municipatity of Bayham P.O. Box 160, Straffordville, Ontario NOJ lyO (hereinafter called the "Owner") OF THE FIRST PART -and- Christine Michele Szorenyi 14 Tillson Avenue, Tillsonburg, Ontario N4G2Z6 (hereinafter called the "Grantee") OF THE SECOND PART WHEREAS the Owner is the owner in fee simple of the property of the properfy described in Schedule "4" hereto (the "Properf/'); AND WIIEREAS the Grantee is the former owner of the Property and requires an Easement over the Property for the purposes ofirrigation and drainage, including the construction and maintenance of underground pipelines and installation and maintenance of pumper or pumps for irrigation purposes and for access to her adjacent lands; AND WHEREAS the Owner has agreed to grant to the Grantee an Easement in perpetuity to enter upon the Property for the said pulpose on the terms hereafter set forth; NOWTHEREFORE THIS AGREEMENTWITNESSETH that in consideration ofthepaymentby the Grantee to the Owner in the amount of Two Dollars (52.00) and consideration of the due and valid transfer of the property from the Grantee to the Owner, and other good and valuable consideration, the receipt and suffrciency ofwhich is hereby aclcrowledged, the parties hereto agree as follows: l.The Grantee shall have a free, unintemrpted, and unobstructed right of easement in perpetuity to enter upon the Properly for the purpose of using, repairing, inspecting, replacing, removing, altering, operating and maintaining an irrigation and drainage system and all associated works (including irrigation pumps) (hereinafter called the "Associated Works"), which the Grantee may deem nècessary or convenient thereto for the purposes ofrururing an irrigation system on any lands owned by the Grantee which lie adjacent to the Property and for the purpose ofaccessing her adjacent lands. The Owner shall provide access ofadequate width and strength for fully loaded farm equipment to each field owned by the Grantee. The Grantee shall exercise these rights subject to the provisions of this Agreement. The.Grantee may not use the Easement for any purpose other than the purpose set out in paragraph 1 above. The Grantee will, at her own expense, as soon as reasonably possible after any work on the Property by the Grantee or at her direction, remove all surplus soil, fill in all excavations and restore all fences and other structures and obstructions and restore the land surface and improvements thereon to the same condition as prior to the commencement of any such work or any subsequent work thereto and, without limiting the generality of the foregoìng, shall from time to time do whatever grading, leveling, paving, landscaping of the Property as may be required as a result of the exercise by the Grantee of her rights in relation to the said easement. The Grantee agrees to give seventy-two (72) hours written notice to the Owner before the coÍrmencement of any work which may affect the Property and befo¡e entering in, on or upon the Property for the purposes of exercising her rights under this Agreement. 3 4 Staff Report L2008-03 regarding Land Transfers - Moore Bridg... Page 65 of 138 6 'l Page2of 3 The Grantee covenants and agrees that she shall fully indemnify and save harmless the owner from all manner of actions, causes of action, claims, demands, actions, suits, legal costs, damages and any other liability from the existence of or presence of the rks. The Ownercovenants an to relocate the irrigation Owner so requiring suc thereof and the Grantee Works as long as a location satisfactory to the Grantee is available and the Owner shall bear the reasonable costs of such relocation. 8. The Grantee shall not assign, transfer, sell or otherwise dispose ofher rights under this Easement in whole or in part without the prior written consent of the Owner, which consent shall not be unreasonably withheld. 9. This Agreement shall extend to and be binding upon and enure to the benefit of the Owner and the Grantee and their respective successors and assigns. 10. This Agreement shall be read with alt changes in gender and in number as circumstances require. IN WITNESS \ /HEREOF the parties hereto have executed this Agreement. SIGNED, SEALED AND DELIVERED in the presence of l4/itness THE CORPORATION OF THE MUNICIPALITY OFBAYHAM Der: Name: Title: Name: Title: Ch¡istine Michele S zorenyi Staff Report L2008-03 regarding Land Transfers - Moore Bridg... Page 66 of 138 SCHEDULE "A" Parl of Lot 124, Concession North of Talbot Road (NTR), in the Municipality of Bayham, formerly in the Township of Bayham, in the County of Elgin designated as PART 1 on Reference plan 11R- 6242 and PARTS 1 and 3 on Reference plan 11R-5215. Staff Report L2008-03 regarding Land Transfers - Moore Bridg... Page 67 of 138 THE CORPORATION OF THE MIJNICIPALITY OF BAYHAM BY-LA\ry NO. 2008-110 ABY-LA*ri#'Tåt'å"'ffi 3"ì'%';"åiì'lî"sEDBY WIIEREAS Section 11 of the Municipal Act, 2001, S.O. 2001, c. 25 as amended provides that a lower tier municipalþ may pass by-laws respecting Highways, including parking and trafüc on highways; AND WIIEREAS Section 8 of the Municipal Act, 2001, S.O. 2001, c.25 as amended provides that a municipality has the capacity, rights, powers and privileges of a natwal person for the purpose of exercising its authority under this or any other Act. Al[D \ryHEREAS by the former Township of Bayham adopted certain byJaws regarding land acquisition, easements, and works agreement with Soreny Farms Limited and Christine Michele Szorenyi. Ai\tD WHEREAS the Council of the Municipalþ of Bayham has adopted new by-laws regarding the subject land acquisition and easements with Soreny Farms Limited and Christine Michele Szorenyi, and deems it necessary and expedient to repeal certain by-laws adopted by the former Township. NO\ry THEREFORE TIIE COIJNCIL OF THE CORPORATION OF' THE MIJMCPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. THAT ByJaw 96-27, enacted May 16, I996by the former Township of Bayham, being a By-law to acquire land comprising Part of Lot 724, Concession NTR and Designated as Parts 1, 3, 5 and 6 on Plan l lR-5215 and Part I on Plan llP.-6242 for the purpose of road widening, be and the same is hereby repealed. 2. AND THAT Bylaw 96-28, enacted May 16, 1996 by the former Township of Bayham, being a By-law assume Parts l, 3, 5 and 6 on Plan l1R-5215 and Part I on Plan 11R- 6242 as part ofa public highway, be and the same is hereby repealed. 3. A¡{D TIIAT ByJaw 97-54, enacled December 18, 1997 by the former Township of Bayham, being a bylaw to authorize the Reeve and Clerk to enter into an easement agreement with Ch¡istine Michele Szorenyi for irrigation and drainage puqposes, be and the same is hereby repealed. 4. AÌ\tD TIIAT ByJaw 97-55, enacted December 18, 1997 by the former Township of Bayham, being a byJaw to authorize the Reeve and Clerk to enter into an easement agreement with Soreny Farms Limited for irrigation and drainage pu{poses, be and the same is hereby repealed. 5. AllD TIIAT By-law 97-56, enacled December 18, 1997 by the former Township of Bayham, being a by-law to authorize the Reeve and Clerk on behalf of the Corporation of the Township of Bayham to enter into an agreement with Soreny Farms Limited and Christine Michele Szorenyi for various works, be and the same is hereþ repealed. 6. AND THAT this byJaw shall come into full force and effect upon final passing. READ A FIRST, SECOND AIID THIRD TIME A¡TD F'INALLY PASSED THIS 20th DAY OF NOVEMBER,2008. MAYOR CLERK Staff Report L2008-03 regarding Land Transfers - Moore Bridg... Page 68 of 138 EVENT ROAD CLOSURE REOUEST FORM (This form must be submitted to Council at least 6 weeks prior to eventl Name of Organization Making Request - Name of Special Event - Date of Special Event - ¡5-f lcn Route - (Also provide map) L roø7Ç/o-¿e Specific Request (Road Closure, Traffic Control etc.) - ) Maximum Number of people expected to attend -%o Any Special Needs -(too LLre-,¿ ç UÉ..€ -& UttL( E Applicant Organization's Authorized Member Name & Signature Municþal Representative Signature - Ontario Provincial Police 42696 John Wise Line R.R. # 5 St. Thomas, Ontario N5P 3S9 Phone: 519-631-2920 Fax: 519-631-2923 Cell: 519-878-6029 Elgin-St. Thomas EMS Duty Manager Fax: 519-637-3484 Phone: 519-637-3098 Tillsonburg Fire Dispatch 80 Concession St¡eet East Tillsonburg, ONN4G - 428 Phone: 519-842-2905 (non-emergency #) Fax: 519-842-2190 Central Ambulance Communications Centre 1510 Woodcock Street, Suite #20 London,ON N6H5S1 Phone: 519-661-1784 Fax: 519-661-1799 Correspondence regarding the use of streets in Port Burwell ... Page 69 of 138 UponCouncilapproval,acopyofthisroticeandthemapsubmittedrviIlbeprovittotfb-ytreffi to the following: Ed Bradfield, Acting Public Vy'orks Superintendent Clayton Watters, Engineer Municipality of Bayham County of Elgin Box 160 Straffordville, ONN0J 1Y0 450 Sunset Drive Phone: 519-866-5521 Fax: 866-3884 St. Thomas, ON N5R 5V1 Phone: 519-63I-1460 Fax: 5I9-633-766L Paul Groeneveld, Fire Chief Municipalþof Bayham Box 160, Shaffordville, ONNOJ 1Y0 Phone: 519-866-5521 Fax: 866-3884 File: Forms/ Event Notice-Road Close Correspondence regarding the use of streets in Port Burwell ... Page 70 of 138 PORT BURWELL MUNIGIPALITY ( LAKE ERIE Correspondence regarding the use of streets in Port Burwell ... Page 71 of 138 Page 72 of 138 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM STAFF REPORT Mayor & Members of CouncilTO: FROM: Drainage Superintendent SUBJECT: Otters Edge Drain Date: November 17.2008 File: E09 Richmond Road Report: DR2008-023 Purpose: This report is to recommend the acceptance of the lowest complete tender bid for the provision of drainage works for the Otters Edge Drain. Background: On November 6,2008, final reading was given to Provisional By-law #2008-084 that provided for the construction of the Otters Edge Drain located in the Municipality of Bayham. The estimated total cost of construction was $67,900.00. Council also authorized staff to proceed with the construction tender process. Tender Forms \ryere prepared by the Engineers, Spriet Associates. The Tender Invite Notice provided for a closing date of November 5, 2008 at 12 noon. The following tenders were received by closing: l. VanBree Drainage & Bulldozing Ltd. (received Tender Form & certified cheque in the amount of $5,680 on Nov 5/08 at 10:50 am.) tender in the amount of $541025.00 þlus Gst), to commence work on or before December 1, 2008 and complete by i|day 1,2009 (restoration); 2. A. G. Ilayter Contracting Ltd. (received Tender Form, & certified cheque in the amount of $6,850 on Nov 5/08 at 11:55 am.) tender in the amount of $65,195 (plus Gst), to commence work on or before November 15, 2008 and complete by December 31, 2008; Staff Comments: The engineer's estimated cost for the construction of the works as contained within the report is $67,900. Section 59 (1) of the Drainage Act states that where the contract price exceeds I33% of the engineer's estimate of the contract price, Council of the initiating municipality is required Staff Report DR2008-023 regarding Otters Edge Drain. File: ... Page 73 of 138 Staff Report DR2008-0 I 8 17 November 2008 to call a meeting to deal with the necessary modifications. exceed l33yo, the contract can be awarded. Recommendation: 2 As the tendered amounts do not "THAT Staff ReportDR2008-023 be received; AND THAT Council accept the tender for provision of drainage works set out in the Form of Tender for the Otters Edge Drain, as submitted by Van Bree Drainage & Bulldozing Ltd., in the amount of $541025.00 (excluding taxes), with work to commence on or before I)ecember 1,2008 and to be fully completed on or before May 1, 2009; AND THAT By-law 2008-115 authorizing the execution of contract documents be presented to Council for enactment.tt Respectfully submitted Reviewed By Drainage Superintendent Bill Knifton Staff Report DR2008-023 regarding Otters Edge Drain. File: ... Page 74 of 138 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LA\il NO. 2008-L15 BEING A BY-LA\il TO AUTHORIZE THE MAYOR AND CLERI( TO EXECUTE AN AGREEMENT \ilITH VAN BREE DRAINAGE & BIJLLDOZING LTD. FORTHE PROVISION OF'DRAINAGE WORKS FOR THE OTTERS EDGE DRAIN IN THE MI'NICIPALITY OF BAYHAM PURSUANT TO PROVISIONS OF THE DRAINAGE ACT. CHAPTER D.I7. R.S.O. 1990 AS AMENDED. WHEREAS the Council of the Municipality of Bayham deems it expedient to authorize the Mayor and Clerk to enter into and execute a contract on behalf of the Municþality, for the provision of drainage works of the Otters Edge Drain based on and in accordance with the terms and conditions of the tender accepted; AND \ilHEREAS the Corporation of the Municipality of Bayham (the "Municipality'') desires to enter into an agreement with Van Bree Drainage & Bulldozing Ltd. for construction of the Otters Edge Drain in accordance with the Contract as prepared by Spriet Associates; THEREFORE the Council of the Corporation of the Municipality of Bayham enacts as follows: 1. THAT the Municipality enter into and execute an Van Bree Drainage &, Bulldozing Ltd. for construction of the Otters Edge Drain in accordance with the Contract attached hereto as Schedule "4" and forming part of this By-Law; 2. THAT the Mayor and the Clerk of the Municþality are hereby authorized and directed on behalf of the Municipality to execute all documents as may be required to give effect to these presents. 3. TIIAT this by-law shall come into full force and effect upon final passing. READ A FIRST SECOND AND THIRD TIME AND FINALLY PASSED TIIIS 2OTH DAY oF NoVEMBER 2008. Mayor Clerk Staff Report DR2008-023 regarding Otters Edge Drain. File: ... Page 75 of 138 FORM OF TENDER AND AGREEMENT INSTRUCTIONS TO TENDERERS Otfers Edoe Drain Page 1 of a Revised November, 2000 RECEIVED 0cï - I 2008 1 Municipalitv of Bavham Sealed tenders shall be received by the Clerk at the Mun¡c¡pal Offices at 9334 Plank Road. Straffordville. Ontario NOJ 1Y0 CLOSING ON: Wednesda)¡. November 5. 2008 at 12:00 noon 2. SPECIFICATIONS: The drain shall be constructed in accordance with the Contract Drawings and Specífications for Construction of Municipal Drainage Works, dated November, 2000, consisting of the following: Contract Drawings General Conditions Open Drain Tile Drain Specifications for Municipal Drains Crossing County Roads Standard Drawings 3 TENDERER TO INVESTIGATE: The Tenderer shall examine the premises and site to compare them with the drawings and specifications in order to satisfy himself of the existing conditions and the extent of the work to be done before suþmission of his tender. No aflowance shall subsequently be made on behalf of the Contractor by reason of any error on his part lf required, the above specifications and/or further information are available at the office of the Eng¡neers. SprietAssociates London Limited, 155 York Skeet, London, Ontario N6A 148. Any est¡mates of quantities shown or indicated on the drawings o¡ extent of work or in the report of "neat" calculations and are provided for the convenience of the Tenderer Any use made of these quantities by the Tenderer in calculating his tender shall be done at his own risk The Tenderer, for his own protection, should check these quantities for accuracy 4 PRICES SUBMITTED: The tender price or pr¡ces tendered in the Tender shall be in full compensation for all labour, equipment and materials and utility and transportation services necessary to perform and complete all work under the Contract,includingall miscellaneouswork,whetherspecificallyincludedintheTenderDocumentsornot ltistheintention of the Drawings and Specifications to provide finished work. Any items omitted therefrom which are clearly necessary for the completion of the work shall be considered part of the work, though not directly specified in the Tender Documents. 5. ACCEPTANCE: Tenders shall be made on a lump sum basis on the forms provided lt shall be noted ihat any alteration of the "Form of Tender and Agr:eement", failure to complete the Form of Tender in full or any other requirements set out in these documents, will render the tender liable to rejection by the Municipality Acceptance of the Tender by the Municipality shall const¡tute a formal and binding contract when signed by the Municipal Officiafs. The Tenderer shall keep his Tender open for acceptance and irrevocable until 45 days have elapsed from the closing date of the'fender or a formal contract is executed, based on a Tender other than his own 6 TENDER SECURITY: A b¡d deposit is required as tender security and shall equal the suil of 10% of the value included in the tender price The bid deposit shall be in the form of a certified cheque payable to the Municipality. The cheque deposited by the unsuccessful Tenderers w¡ll be returned without delay. 7. CONTRACT SECURITY: The bid deposit of the successful Tender shall be retained by the Municipality until the conhact is completed and a completion certificate is issued by the Engineer The successful Contractor shall have the option of furnishing the Municipality with a Performance Bond to replace the bid deposit as outlined. The Performance Bond shall ensure completion of the work and maintenance of the work for a period of one year after the date of the completion certificate. 8. TAXES: The total contract price shall be inclusive of all applicable government sales taxes, including G S T., custom duties and excise taxes appficable w¡th respect to the contract, and shall be paíd by the Contractor unless otherwise provided by statute The estimated amount of Goods and Services Tax must be d¡sclosed separately on the Form of Tender. The Municipality will pay the Contractor all amounts of the G.S T. in respect of the project. 9. INSURANcE: The successful Contractor shall be required to provide insurance in accordance with Section A.12 of the General Conditions. lnsurance Staff Report DR2008-023 regarding Otters Edge Drain. File: ... Page 76 of 138 Taì RE Mayor and Council: Construction of: FORM OF IENDER AND AGREEMENT FORM OF TENDER Mlrnicinalifv of Bavham Otters Edoe Drain Page?of ¿ Revised November, 2000 Sirs: The undersigned, having carefully examined the drawings, specifications and location of the work and understanding all conditions hereby otfers to enter into a contract to construct the said work for the said Municipality, complete and ready for use in accordance with drawings and specífications on file at the office of the Municipality or Engineer, which drawings and specifications form the basis of the proposal for the following prrces: To Wit: COVERED PORTION I a) Supply of Materials b) Supply of Labour and Equipment s zê/7c2 $ =:s-rs- - - Sub-Total $ á-'/az.- ¿5-PIusG.ST.5%$ 2-2è¿ TOIALTENDER COVERED PORTION $ j-é, 7z¿ " We understand that the Municipality may accept tenders for the complete works or a portion thereof as set out above and that the lowest or any tender may not necessarily be accepted. The Tender shall enclose the followinq: (a) A Certified cheque of $?.-.1??.. representing the bid deposit as specified in the lnformation for Tenderers. (b) A Certificate of Clearance from the Workplace Safety and lnsurance Board stating that all compensation has been paid. (c) lf an excavator is listed ín (b) above, it will be used to excavate the following sections of closed drain: rol ir anl wå¿< i; i; ;; ;,ü-Ëi, ii'i*ðiü "no ir,à oioool"J ;uü-;;;'";i"; ;;'='.. . ,8¿.o.. ..... ..11¿{&y 41¿4--¡<- Provisional ltems: Contractor to be paid as follows on kibutary drain connections that are not noted on drawings: ' Where ex¡sting tile is connected to new drain, then the price per connection shall be $50.00 plus mater¡al cost of prefabricated wyes or tees when required. (The $50 00 includes supply of up to a 3m length of tile, or tubing to make connections) ' The connections in excess of 3m shall be paid for at the rate of $8.00/m for .100mm (4") dia. and $ 10 00/m for 1 50mm (6") dia. All the above prices include the supply of materials COMPANYNAME:,4.-¿¿e..2.3.././..e¿?.?/t¿.¿.:.2-2.¿¿rê4 ADDRESS: áZ.a.n. z:.1a--z *=- 1.,A. ¿.4¿ .:. . ..1>¿ e :¿ z Í e............... Signature:..ã, ACCEPTED ON BEHALF OF THE MUNICIPALITY MAYOR CLERK,. , DATE. .,.. M{/p"c nence work on or before fu.: ^n¿to fully complete rhe worK on or Þ ef ot e....... /. {J.ry..t2.. áU7./... ¿&t*fi . 27,4. :. ........... (b) The major equiþment proposed for us'e on thís project !.& TÆ:. . .. (Seal if lncorporated)(Seal) Staff Report DR2008-023 regarding Otters Edge Drain. File: ... Page 77 of 138 EXTENT OF WORK OTTER'S EDGE DRAIN Municipality of Bayham Job No. 206065 MArN DRArN - CLOSED PORTTON (CONSTRUCTTON) lnstall rodent gate on end of H.D,P.E p¡pe lnstall quarry stone rip-rap protection around pipe and on creek bank at pipe outlet (Approx. 6m" quarry stone requ¡red) lnstallation of the following H D P E sewer pipe: 50 meters of 200mm ( 8") H.D.P.E. fused pipe 32 meters of 300mm (12") H.D.P.E. bell and spigot sewer pipe with sand bedding Supply of the above listed pipe 18 meters of 323mm (12.75") dia , 6 35mm thickness smooth wall steel pipe: Supply lnstallation under Plank Line by boring Supply and install one 600mmx600mm standard catchbasin and one g00mmx1200mm standard catchbasin including grates and ditching Supply and ¡nstall one 1200mm dia manhole including cast iron frame and cover including outlet pipe anchor system Restoration of lawn areas Clearing and grubbing BRANCH NO.1 lnstallation of the following H.D.P.E sewer p¡pe on a sand bedding: 'l 14 meters of 250mm (10") H.D.P E. sewerpipe Supply of the above listed pipe 1l meters of 250mm dia. H.D.P E sewer pipe Supply lnstallation under laneway to Otter's Edge Estates by open cut Supply and install two 600mmx600mm ditch inlet catchbasins including grates & ditching Restorat¡on of lawn areas in boulevards Supply and install one 4 meter, 200mm dia. stub Supply and install two 4 meter, 150mm dia stubs BRANCH NO. 2 lnstallation of the following concrete field tile including wrappìng of tile joints: 90 meters of 200mm (8") concrete tile Supply of the above listed tile Supply of 300mm wide geotextile for wrapping of tile joints (Approx 100 meters required) Supply and install one 600mmx600mm standard catchbasin including grate and ditching Page 3 of 4 June 26, 2008 ,/Ç* ts. 8o-o n ¡s. tf*oo* t.s /é?oØ ts 3/il - L.s. !c>oo* L.s.---îooo-t.s. 21os æ r.". 35îo æ r.s. 7lo æ t.s. 4¿a æ t.s 5)5Ò Ø Ls âtfu* L s Lio tu t-.s / o75 ''e L.s. Jll¿ ô L.s /tao ao ,.". 36o * t.s. 7a¿ Ò LS. /î25 *ts 7éo * t.s 75 * ,." /¿-za a t.s. Staff Report DR2008-023 regarding Otters Edge Drain. File: ... Page 78 of 138 BRANCH NO.3 lnstallation of the following H D P.E. perforated sewer pipe: 163 meters of 200mm (8") H.D P.E. sewer pipe Supply of the above listed pipe 13 meters of 200mm dia H.D.P.E sewer pipe Supply lnstallation under gravel roadway by open cut Supply and install two 600mmx600mm ditch inlet catchbasins including grates, berms and ditching Restoration of lawns and grassed boulevard NOïE: The Extent of Work is to be attached to the Tender Form, y'ã-) .tz4:¿ 2.e4t¿4¿-¿: -4þ2 COMPANYNAME: 4u-. -Þ,/Ð/- /,,- - -.j¿ Page 4 of 4 Szstr * L.s. Jsgþ - LS ADDRESS: , z:¿¿.:. -. ôns . z)a^) / Í-O TELEPHONENO: ?e-82-g-3¿// FAXNO: f,/)-g z.â-jêê¿ NOTE: This "Extent of Work" form has been prepared for the convenience of the Contractor and he is to use this summary in conjunction with the plan and profile, tender form and standard specifications available from the Clerk to tender this project ln case of any inconsistency or conflict between the drawings and this "Extent of Work", the drawings shall take precedence over the "Extent of Work". S. S ù. S. Staff Report DR2008-023 regarding Otters Edge Drain. File: ... Page 79 of 138 wFib t TISIB ?P"'"',"""åfi.'f'?i\",i Teleohone: (416) 344-1012 - ofrÍallo - CONTRÀCTOR L'ENTREPRENEUR VAN BREE DRAINAGE-BULLDOZ ING VAN BREE DRÄ.INAGE & BULLDOZING LIMITED RR6 F'OREST ON NON 1.]O Contract Descriplionl Desciption du contrct Contad the WSIB if you questbn lhe valid¡ty of this document. Vsu¡llez communiquer avec la CSPAAf sr vous doutez de la valídité du présent documena. 0190c (07/08) LO/Iï/?OOB 12:09:15 PM PAGE 7/OOL Fax Server Certificatè of Glearance Ceñificate de dêcharge B) he lity of the Contractor for premiums and levies of the WSIB owing now orwithin 60 days from the date of this Certificate. ?'" sécurité professionnelle et I'assurance contre les accidents du travail et qui I'autorisent à tenir l'entrepreneur principal, guî a signé une entente contracluelle avec I'enÌrepreneur dont Ie nom figure sur Ie présent certifrcat, responsable du pa¡ement de toule prime ou de loule somme que I'enlrepreneur est tenu de verser à la CSPAAT inmédialement ou dars /es 60 iouts su¡vant la date indiquée sur ce ce¡litical THIS CERTIFTCATE IS VALID F'OR ALL CONTRACTS OF THE NAMED CONTRACTOR DURING THE EFFECTIVE PERIOD LE PRESENT CERTIFICAT EST VALIDE POUR TOUS LES CONTRATS PASSES PAR LEDIT ENTREPRENEUR PENDANT LA PERIODE D'APPLICATION DU CERTIFICAT Vatid ggly when signed by an authorized Offlcer at the WSIB. Non vafrdø sans le ggnature d'un agenf autorisé de Ia CSPAAT Certifìcate No. lN" de ce¡lifrcat 20i378 664 Firm No./M d'enlæpnse 2757772 Account No / No de comple 2837803 ,NATERI{ORKS AND SEW47220SOIL PREPAR.ATION A EXCAUATING ,AND GRÄ 022 1000 4214000 151 98283006 Staff Report DR2008-023 regarding Otters Edge Drain. File: ... Page 80 of 138 CORPORATION OF'THE MUNICIPALITY OF BAYHAM STAFF REPORT TO: Mayor & Members of Council DATE: November 20,2008 FROM: P. Groeneveld, Fire Chief/CEMC/BLEO FILE: P16 SUBJECT: Dog Control ByJaw - Dog Tag Enforcement NUMBER: P2008-020 Purpose Provide Council with an overview of enforcement protocols/procedures for enforcing outstanding dog tags. Background Municipal By-law 2001-9 4 Municipality of Bayham Dog Control ByJaw prescribes the following related to purchase and renewal of a dog tag. Licensing No person, who is residing temporarily orpermanently within the Municipality of Bayham, shall own, keep, possess or harbour a dog unless a licence has been issued under this By-law. The owner of any dog within the limits of the Municipality of Bayham shall cause such dog to be registered with the Corporation, and shall be fumished with a dog tag on payment of the annual licence fee. All dogs shall be registered and licence fees paid for on or before March 3l't in each year; or 'within fourteen (14) days from the date of which such dog is acquired. All licence fees paid for after these dates shall be subject to a licence fee increase of ten ($10.00) dollars. Every licence and dog tag shall expire on December 3ltt of the year for which same is issued and shall be renewable yearly. Admini s tr ati on and Enfor c ement Every person who contravenes any provision of this By-law is guilty of an offence and on conviction is liable to a fine as provided for in the Provincial Offences Act. Each day during which there is a breach of this By-law shall be regarded as a separate and distinct offence andany person, who continues in breach of this By-law, may be charged for each separate day during the continuation ofthe offence. Staff Report P2008-020 regarding Dog Control By-law - Dog Ta... Page 81 of 138 Municipality of Bayham Dog Tag Renewal Procedures Staff encourages renewal of dog tags for the upcoming year by following these procedures: all registered dog owners, of the requirement to renew their dog tag(s) prior to March 3lof the following year. The notice includes a dog licence application along with the fee schedule and penalties for failing to renew before March 31. registrations for the current year. to renew outstanding dog tags and register non-registered dogs. registrations (tags) for the current year, indicating a deadline to renew the tag(s). request payment. payment and advised if payment is not rendered charges will be issued. Municipal Scan Staff conducted a survey of other municipalities to identifr procedures used to renew dog tags, including enforcement for outstanding dog tags. Following is summary of individual municipalities' procedures for renewing and enforcement of dog tags. Central Elgin residents to obtain tags. process is followed similar to ours. The animal control officer sends a reminder letter, makes a call, and then proceeds to issue charge. Tillsonburg application form. Toln's "Civic Corner" as a reminder to purchase / renew tags advising there is a discount until March 31. notice at residences where no one is home. The notice advises the resident they have two weeks to purchase tags. The student compiles a list of places where the notices were left along with notes when there is evidence of a dog at the property. Staff Report P2008-020 regarding Dog Control By-law - Dog Ta... Page 82 of 138 This list is then provided to the by-law enforcement officer who makes follow up telephone call at the end of the two week period advising a charge will be issued if tag is not purchased within one week. Charges are then laid for non-compliance. Aylmer reminding individuals to obtain new / renewal tags. purchased tags. For the year 2008 non-renewal letters were just recently sent (October 2008). to follow up on outstanding tag holders for 2008. Norfolk flyer sent in conjunction with tax bill, flyer sent home with school children (upon approval from Board of Education). Tags are available for purchase at library, pet stores and various other offices. Summer student makes follow up calls if time permits. By-law enforcement offrcer, upon seeing evidence of a dog, will provide individuals two weeks to purchase tag. Southwest Oxford reminder notices to all outstanding tag holders sent with all additional tax invoices until May are made outlining fees / charges that would be issued for non-renewal holders. Option is given to purchasetagat the time or to purchase at the office within 5 business days. Otherwise charge will be issued Malahide Paypal system. In addition, property owners may opt for payment through the tax payment process. Owners are required to request this option through the application process and subsequently are invoiced as part of the tax assessment invoice. [n these cases the dog tags are mailed to the dog owners in January with the fee added to the taxes. Staff Report P2008-020 regarding Dog Control By-law - Dog Ta... Page 83 of 138 must be purchased by May 30 holders. He either speaks to an individual or leaves a telephone message. If he is unable to do either, he then visits locations and either speaks to someone or leaves a written notice in the mailbox. At this point they are given l0 days to purchase tags. Following this l0-day period, he then goes door to door again giving them a further and final 10 days to purchase tags. After that 10-day period charges are issued. Note: Malahide By-Law Enforcement Officer is proposing a bit different system to begin in2009. The proposed timeline is as follows: January- send a letter to all previous years tag holders February - follow up with a phone call to all outstanding tag owners Late March - early April - issue charge Norwich Township Ofhcer date. This letter outlines enforcement procedures, the by-law, the charge, the amount of the fine. Charges are then issued for non compliance Financial Impact Dog Tag Revenues The following chart indicates the number of dogs registered with the municipality annually since 2005. Since 2005 there has been a seven percent (7%) decline in the number of dog licenses issued. Annual Dog Registrations o o g .9 cD(, É. 1140 1',t20 1 100 1 080 1 060 1 040 1020 1 000 980 Staff Report P2008-020 regarding Dog Control By-law - Dog Ta... Page 84 of 138 In 2008 the Municipality collected a total of $ 1 7,001 in dog registration fees as compared to $20.727 in2007 and $19.145 in 2006. Annual Dog Tag Revenues 25000 20000 1 5000 1 0000 Dog Licensing Agent The Agent sold 168 dog tags during his door-to-door visits to residents. As of April 3, 2008 an additional 86 tags were sold at the municipal offrce as a result of the Agents visits. 2004 2005 2006 2007 2008 Tags Sold By Dog Licence Agent (February 1't-March3l')321 250 239 328 168 Tags Sold as a Result of Agent's visit (Offrce Purchases) 168 097 154 94 86* Total Tags Sold By Agent 489 347 393 422 254+ Dog Licence Agent Fees ($8 / Tag)$3,912 s2,776 s2,776 s3,376 $2,032* Dog Tag Renewal Costs The following chart provides an overview of the estimated financial impact to the municipality for renewal of outstanding dog tags on an annual basis. Staff time to attend the residences of outstanding dog tags is calculated in the cost for enforcement and issuance of a summons. ø g.g oo Activitv/Task Gross Cost l$) llTae November Reminder Notice 0.20 Januarv Reminder Notice 0.60 Dog Agent Agreement 8.00 Final Notice 0.60 Indirect costs (Staff time).10 Total s9.50 Staff Report P2008-020 regarding Dog Control By-law - Dog Ta... Page 85 of 138 Enforcement Costs The following chart provides an overview of the estimated financial impact to the municipality related to the issuance of a summons to one person for failing to renew a dog tag for the current year. ActivitvÆask Gross Cost ($) / Charse Staff investieationÆnforcement Time 53.00* Summons / Court Brief Preparation 35.00* Issuance of Summons l$50 + Mileaee)75.00 Lesal Reoresentation lup to First Appearance)99.7t Total s262.7t * Costs associated with salary and wages f¡om estimated time spent on enforcement ofone outstanding dog tag. The municipality will incur additional legal fees and indirect costs (staff time) for individuals pleading not guiþ on the first appearance date and further requesting a trial. Staff Comments The municipality's process for encouraging renewal of outstanding dog tags is consistent with the approach of the municipalities surveyed. The majority of municipalities surveyed indicated the end result for non-renewal of a dog tag results in a charge being issued. Enforcement is an integral component in providing a deterrent for residents and to encourage them to rene\ry their dog tags as required. Staff suggests the current practice used by the Municipality for pursuing renewal of outstanding dog tags is an appropriate process for dealing with violators. Recently during court proceedings the Justice of the Peace indicated the municipality adequately provides sufficient opportunity and notice to dog owners for renewal and registering of dogs. In 2008 staff issued fail to renew dog tag charges to four individuals. Two individuals attended court and plead guilty. Two individuals did not show for the first appearance and trials in absentia were held on November 13, 2008 with convictions registered and fines of S105.00 issued to each defendant. Other options for registering and renewal of dog tags may be available to facilitate the annual renewal process. If Council wishes to pursue alternate options further exploration of the options and analysis of the impacts to the municipality, residents and internal processes is required. Staff Report P2008-020 regarding Dog Control By-law - Dog Ta... Page 86 of 138 Recommendation "THAT Staff Report P2008-020 regarding Dog Control ByJaw - Dog Tag Enforcement be received for information". Respectfu lly submitted, Staff Report P2008-020 regarding Dog Control By-law - Dog Ta... Page 87 of 138 Page 88 of 138 CORPORATION OF THE MUNICIPAbITY OFBAYflAM STAFF REPORT TO: Mayor & Members of Council DATE: November 20,2008 FROM: Paul Groeneveld FILE: P. 14 ByJaw Enforcement Ofhcer SUBJECT: 2009 Canine Control Services/Contract NUMBER: P2008-021 Purpose: Obtain Council approval for the Mayor and Clerk to execute a contract agreement for Canine Control/Pound Keeper Services for 2009. Background: Dog Control By-law #2001-94 provides for the prohibiting and regulating of dogs running at large within the Municipality and authorizes the seizing and impounding of any dogs found to be running at large. Since 2003 Rodger Martin of Lobo Pines Kennel (#56481 Eden Line) has provided canine control and pound keeper services for the Municipality of Bayham. In 2008 Mr. Martin's fees increased significantly from 2007. Mr. Martin receives the following fees for Canine Control services. Activity Fee Monthlv Retainer $1000 Per Dispatch $s0 Daily Impoundment (max. 3 davs)$15 Patrol (if requested)$25lhour plus mileage Quarantine (if requested)$50/pick up + $10/day of quarantine period Court Appearance $25Ærour plus mileage Reimbursement of Authorized Veterinary Expenses Actual Expenses Incurred Dog Owner Redeeming Dog $s0 Staff Report P2008-021 regarding 2009 Canine Control Service... Page 89 of 138 The following chart indicates the costs the municipality has incurred on an annual basis for Canine Control Services. The 2008 costs are projected based on actual costs incurred from Jan. - Sept. and the average number of dogs impounded plus retainer fees for the fourth quarter (Oct. - Dec.) Staff Comments: Staff anticipates the costs for 2009 will be consistent with the projected costs for 2008. The projection is based on average number of dogs impounded and euthanized from 2004 -2007. Statistics for 2008 were not considered as the number of dogs impounded in 2008 (21 as of Sept. 30) is significantly lower than the annual average (41). Mr. Martin is prepared to renew the contract for 2009 canine control and pound keeper services under the same terms and conditions as contained within the 2008 contact. Mr. Martin continues to provide his services in a professional manner. Staff has received no complaints regarding the current canine control officer and/or the pound facilities. Renew the contract with Rodger Martin for Canine ControliPound Keeper Services by authorizing the execution of the Contract attached to draft By-law #2008-095. Direct staff to tender for Canine ControlÆound Keeper Services for 2009. Take no action at this time. 2. J. 16000 't4000 12000 p 10000! Sooooo 6000 4000 2000 0 Annual Canine Control Agent Cosis 04 05 06 07 08 Year Staff Report P2008-021 regarding 2009 Canine Control Service... Page 90 of 138 Recommendation: THAT staff report #P2008-021 regarding2009 Canine Control Services/Contract be received; AND THAT Council accepts the proposal submitted by Rodger Martin for Canine Control,/Pound Keeper S ervices ; AND THAT By-law #2008-095 being a by-law to authorize the Mayor and Clerk to execute a contract agreement with Rodger Martin for Canine ControllPound Keeper Services be presented to Council for enactment. Enforcement Officer Staff Report P2008-021 regarding 2009 Canine Control Service... Page 91 of 138 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO.2008-095 A BY-LA\M TO AUTHORIZE THE EXECUTION OF AN AGREEMENT BETWEEN THE MUNICIPALITY OF BAYHAM & RODGER MARTIN FOR THE PROVISION OF CANINE CONTROL/POUND KEEPER SERVICES WHEREAS the Municipality of Bayham is desirous of entering into a contract agreement with Rodger Martin for the continued provision of canine control officer and pound keeper services for the residents of the Municipality of Bayham. THEREFORE THE COT'NCIL OF THE CORPORATION OF THE MTJNICIPALITY OF BAYHAM ENACTS AS F'OLLOWS: 1. THAT the Mayor and Clerk be and are hereby authorized to execute the Agreement attached hereto as Schedule 6ú,4." and formingpart of this By-law between the Municipality of Bayham and Rodger Martin for the provision of canine control officer and pound keeper services. 2. THAT this By-law shall come into full force and effect upon the first day of January 2009. READ A FIRST, SECOND AND THIRD TIME, AND FINALLY PASSED THIS 20th dAY of NOVEMBER 2008. MAYOR CLERK Staff Report P2008-021 regarding 2009 Canine Control Service... Page 92 of 138 AGREEMENT MUNICIPALITY OF BAYHAM CAN I NE CONIRO UPOUND KEEPER SERY/CES THIS AGREEMENT made in duplicate this 20th day of November 2008. rHE coR3ålütràt* oF rHE MUNICIPALITY OF BAYHAM Hereinafter called the "Municipality" of the First Part -AND- RODGER MARTIN owner & operator of LOBO PINES KENNEL Address: 56481 Eden Line, RR#l Eden NOJ lHO Telephone: (519) 866-3909 Hereinafter called "Martin" ofthe Second Part WHEREAS the Municipality of Bayham desires to provide for Canine Control Services for the residents of the Municipality of Bayham; AND WHEREAS Rodger Martin, owner and operator of Lobo Pines Kennel has agreed to extend the agreement to supply the services of canine control and pound keeper for the residents of the Municipality of Bayham; NOW THEREFORE this Agreement witnesseth that in consideration of the mutual covenants herein contained, the parties agree with each other as follows: MÄRTIN CONVENÄNTS AND AGREES AS FOLLOWS: 1. Canine Control Services 1.1 Martin shall provide the services of Canine Control Off,rcer and Pound Keeper within the geographic limits of the Municipality of Bayham and agrees to pick up stray dogs. 1.2 Martin shall provide a vehicle suitably equipped to pick up such stray dogs. The vehicles shall be maintained in a safe and clean condition. 1.3 Martin shall expressly understand that at no time shall the said vehicle become the properfy of the Municipality and that the responsibility for its operation, fuel, maintenance, license and insurance shall rest solely with Martin. Martin shall agree to indemnif, and save harmless the Municipality from any and all claims arising out of or in connection with the use of the said vehicle. 1 .4 Martin shall agree to answer all telephone complaints authorized by Municipal staff as quickly as possible and to carry out patrols within the Municipality, if requested. Staff Report P2008-021 regarding 2009 Canine Control Service... Page 93 of 138 1.5 Martin agrees to respond to Municipal staff requests for the pick up of confined dogs during the hours of 8:30 a.m. to 4:30 p.m. Monday through Friday, excluding statutory holidays. The term "confined" shall mean, "kept restricted within certain limits" such as but not limited to the dog being kept or restricted to the interior of a building or fenced in area. Martin may at his discretion do pickups after 4:30 p.m., before 8:30 a.m., on weekends and statutory holidays. 1.6 Martin agrees to respond to humane requests for the pick up of dogs atlarge that are deemed vicious, injured and/or ill, when requested by Municipal staff. 2. Pound Facilities 2.1 Martin shall provide and maintain a pound facility to be located within the geographical limits of the Municipality of Bayham to serve the residents of the Municipality. Such facility shall be kept in good order and state of cleanliness at all times in accordance with the Animals for Research Act. R.S.O. 1990. Chapter A.22, as amended and any Regulations thereof. 2.2 Martin shall ensure that pound facilþ and all dogs impounded shall be kept clean, well cared for, fed and watered during the time of confinement. 2.3 Sick or Injured Dogs: (a) Martin shall ensure that all sick or injured dogs will receive immediate medical attention by certified veterinary staff. It in the opinion of the medical staff, any dog is too severely injured or diseased and medical care will only prolong the suffering of the dog, the dog shall be humanely euthanized by a certified veterinarian and properly disposed of. (b) Every attempt shall be made by Martin to contact the owner of any such dog before such action is taken. Martin shall charge any and all veterinary service expenses to the dog owner. (c) In cases where the dog owner cannot be identified Martin shall be reimbursed by the Municipality for all veterinary service expenses authorized by Municipal staff. 2.4 Martin shall keep a record of all dogs impounded and their disposition, which shall be submitted to the Municipalþ within ten (10) days following the end of each month. 2.5 Martin shall ensure that all dogs impounded shall be kept for a minimum of three (3) days, excluding holidays and the day on which the dog was impounded. Any dog kept longer than the minimum shall be at the discretion and expense of Martin. 2.6 Martin shall attempt to contact the owner of any dog as quickly as possible. 2.7 When Martin quarantines an animal under the authority of the Elgin County Medical Offrcer of Health and Municipal staft the Municipalþ shall pay the costs of the quarantine. 2.8 Martin shall display contact phone numbers and offrce hours at the pound facility in a place that is accessible to the public at all times. 2.9 Martin shall charge such pound fees to dog owners to cover the cost of pick up and boarding as contained within Bayham's Dog Control By-law #2001-094 and amendments thereto, together with any and all veterinary services, if applicable. Martin shall retain all pound fees recovered from dog owners to a maximum of first full day or part day costs, the costs of boarding and veterinary expenses, if any. 2.10 In the case of a quarantine period required by law, Martin shall reduce the account to the Municipality by the amount ofthe fees recovered from dog owners, including boarding fees and veterinary expenses, if applicable. 2.ll Martin agrees that any dogs impounded that do not have a current year Bayham dog tag shall not be released to the owner or other person until a current tag is purchased. Martin shall sell the tags and remit the record and the dog license fee, less the fee prescribed under By-law 2008-0XX (Dog License Agent) per tag to the Municipality within ten (10) days following the end of each month. Staff Report P2008-021 regarding 2009 Canine Control Service... Page 94 of 138 2.12 Martin agrees that any dog not claimed by the owner shall become the property of Martin and may be adopted, gifted, sold or humanely euthanized and properly disposed of, in accordance with the Animals for Research Act, R.S.O. 1990, Chapter A.22, as amended and any Regulations thereof. 3. General 3.1 Martin shall maintain and pay for Comprehensive General Liability Insurance, including coverage for all operations as Canine Control Officer and Pound Keeper. This insurance coverage shall be subject to limits of not less than two million ($2,000,000.00) dollars, inclusive per occurrence for third party bodily injury and property damage. The coverage shall include the Municipality of Bayham as an additional insured in respect of all operations performed by or on behalf of the Municipality. The coverage shall not be altered, cancelled or allowed to expire or lapse without thirty (30) days prior written notice to the Municipaltty. A Certificate of Insurance shall be filed with the Municipalþ upon the signing of the Agreement and annually thereafter throughout the term of the Agreement. 3.2 Martin shall agree to fulfrll all of his obligations in compliance with the Occupational Health and Safety Act and further agrees to take responsibility for any health and safety violation that may occw. Martin shall indemnif, and save harmless the Municipality from any and all charges, hnes, penalties and costs that may be incuned or paid by the Municipalþ. 3.3 Martin shall provide a Certificate from Workplace Safety and Insurance Board indicated that all payments by Martin to the Board in conjunction with this Agreement have been made and that the Municipality will not be liable to the Board for future payments in connection with this Agreement. The Certificate shall be provided upon signing of the Agreement and yearly thereafter until the expiry or termination of this Asreement. BAYHAM CONVENANTS AI\D AGREES AS FOLLOWS: 4. Canine Control OffTcer 4.1 The Municipality shall by appropriate By-law appoint Rodger Martin as Canine Control Officer and Pound Keeper for the Municipality of Bayham, effective immediately and to hold office during such time as the Agreement is in full force and effect. 5. Remuneration 5.1 The Municipality shall, in return for Martin providing canine control and pound facility services, pay to Martin upon submission of monthly reports and invoices, the fees according to Schedule "Ã" attached hereto. 6. General 6.1 The Municipalþ shall implement all By-laws providing the necessary authority for Martin to perform his duties. 6,2 The Municipality shall supply Martin an identification card bearing his photograph, which shall be displayed for all persons contacted by Martin, while providing Canine Control Offtcer and Pound Keeper services. Such card shall be immediately returned to the Municipality at the end of the service period. 6.3 The Municipality shall provide Martin with a list of the previous year's dog tags, a list of tags purchased for the year of service, and By-law #2001-094, amendments thereto and its Schedule of Fees to permit Martin to enaçt the provisions of Section 2.1 I of this Agreement. 6.4 The Municipality shall provide Martin with a copy of the Animals for Research Act, R.S.O. 1990, c.A.22, and Regulations 22 and 23. THE PARTIES HERETO COVENANT AND AGREE ÄS FOLLO\ilS: Staff Report P2008-021 regarding 2009 Canine Control Service... Page 95 of 138 7. That this Agreement shall take effect on the l't day of January 2009 shall remain effective for a period of one year, *1..r roonat terminated in accordance with the Agreement or by agreement of the parties. 8. That either party may terminate this Agreement upon forty-hve (45) days notice in writing to the other party. Such noii.. -uy be mailed by ordinary prepaid mail to the other party, and this Agreement shall terminate on the forty-fifth day following the date of the mailing. g. It is understood by the parties hereto that there will be no adjustment in fees paid by the Municipalþ during the full term of this Agreement 10. It is understood by the parties that all services carried out hereunder by Martin shall be as an independent contractor and not as an employee of the Municipalþ. 1L Any notice required to be given under this Agreement must be in writing and in the case of the Municipalþ, to:The Clerk, The Municipality of Bayham 9344Plat:fr-Road, PO Box 160, Straffordville Ontario NOJ lYO; and in the case of Martin to:Rodger Martin, Lobo Pines Kennel 56481 Eden Line, RR#l Eden Ontario NOJ 1H0. lZ. That there have been no representations, oral or written, by either party, save as contained herein. 13 That every covenant, proviso and agreement herein contained shall ensure to the benefit ofand be binding upon the parties heretã and their heirs, executors, administrators, successors, and assigns, and that all covenanti herein contained shall be construed as beingjoint and several and that when the context so requires or permits, the singular number shall be read as if the plural'were expressed and the masculine gender as if the feminine or neuter, as the case may be, were expressed. LTNESS WHEREOF the seal of the party of the First Party duly attested thereto by the hands of its proper signing officers. SIGNED. SEALED AND DELIVERED, this 20th day of November,2008 Authorized by Bayham By-law #2008-095 THE CORPORATION OFTHE MUNICIPALITY OF BAYHAM per Mayor, Lynn Acre Clerk, Lynda Millard WITNESS WHEREOF the part of the Second Part has hereunto set is hand and seal' SIGNED. SEALED AND DELIVERED, thiS day of December2008. In the presence of Witness:RODGER MARTIN Staff Report P2008-021 regarding 2009 Canine Control Service... Page 96 of 138 Service: CANINE CONTROL SERVICES AGREEMENT BETWEEN THE CORPORATION OF THE MUNICIPALITY OF BAYHAM AI\D RODGER MARTIN Owner & operator of LOBO PINES KEIINEL SCHEDULE '(A" Fee: 1. Monthly Retainer Fee 2. Fee Per Dispatch as authorized by Municipal Staff 3. Containment Fee per animal per day to a maximum of three days 4. Rate to Provide Patrol (if requested) 5. Quarantine (if requested) 6. CourtAppearance Fee 7. Reimbursement of authorized Veterinary Costs associated with unidentified injured/ill Dogs (if requested). $1,000.00 $ s0.00 $ 1s.00 $ 25.00 per hour, plus municipal rate allowed per kilometer $ 50.00 for pick up of animal plus $10/day for the duration ofthe quarantine (10 days from the date of the incident) plus veterinary service costs, if any. $ 25.00 per hour, plus municipal rate allowed per kilometer Staff Report P2008-021 regarding 2009 Canine Control Service... Page 97 of 138 Page 98 of 138 .) CORPORATION OF THE MTJNICIPALITY OF BAYHAM STAFF REPORT TO: Mayor & Members of Council DATE: November 20,2008 FROM: Paul Groeneveld FILE: P. 14 By-law Enforcement Officer SUBJECTz 2009 Dog License Agent Contract NUMBERI P2008-022 PurDose: To obtain Council approval to authorize the execution of an agreement for dog licensing services in2009. Background: Dog Control By-law #2001-94 provides for the prohibiting and regulating of dogs within the Municipality, and prescribes, 'No person who is residing temporarily or permanently within Bayham, shall own, keep, possess or harbour a dog unless a license has been issued under the ByJaw''. Staff Comments: \ Bayham residents are provided an opportunity to secure dog tags at the Municipal Office at a discounted rate prior to the end of January. During February & March the dog license agent visits properties within the Municipality, identifies dog owners, and offers to register the dog at the time of hislher visit. The agreement provides for the agent to make two attempts at renewing dog tags and registering dogs not registered. After March 31 dog tag license fees increase an additional $10/dogtag and collection of outstanding dog tags becomes the responsibility of the By-law Enforcement Department. The current service provider (Rodger Martin) has informed Staff he is prepared to continue providing this service in2009 at the same rate as 200712008. ($8/dog tag sold). Mr. Martin has been providing this service since 2004. Staff Report P2008-022 regarding 2009 Dog License Agent Cont... Page 99 of 138 The following table indicates historical statistics for the numbers of dog tags sold the agent and by staff as a result of the licence agent service. 2004 2005 2006 2007 2008 Tags Sold By Dog Licence Agent (February l't-March3l')321 2s0 239 328 168 Tags Sold as a Result of Agent's visit (Office Purchases) 168 097 154 94 t52 Total Tags Sold By Agent 489 347 393 422 320 Dog Licence Agent Fees ($8 i Tag)s3,912 s2,776 $2,776 s3,376 $2,560 Accept the proposal submitted by Rodger Martin for Dog Licensing Services in 2009 and approve the execution of the Contract attached to draft ByJaw #2008-096. Direct staff to tender for Dog License Agent Services for 2009. Take no action at this time. Recommendation: TIIAT staff report #P2008-022 regardtng Dog License Agent services for 2009 be received. AND TIIAT Council accepts the proposal submitted by Rodger Martin for 2009 Dog License Agent; AND TIIAT By-law #2008-096 being a by-law to authorize the Mayor and Clerk to execute a contract agreement with Rodger Martin for 2007 Dog License Agent services, be presented to Council for enactment. Respectfully submitted, 2. 3. Reviewed By, Staff Report P2008-022 regarding 2009 Dog License Agent Cont... Page 100 of 138 THE CORPORATION OF THE MUNICIPALITY OF BAYTIAM BY-LAW NO. #2008-096 A BY.I-+W TO AUTHORIZE THE EXECUTION OF AN AGREEMENT BET\ilEEN THE MT]NICIPALITY OF BAYHAM AND RODGER MARTIN FOR THE PROVISION OF DOG LICENSE AGENT SERVICES WHEREAS the Municipality of Bayham is desirous of entering into an agreement for the provision of dog licensing services for the residents of the Municipality; AND \ilHEREAS the Council of the Corporation of the Municipality of Bayham is desirous of entering into a contract agreement for provision of said services with Rodger Martin. THEREFORE THE COT]NCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLO\ilS: 1. THAT the Mayor and Clerk be and are hereby authorized to execute the Agreement attached hereto as Schedule 664" and formingpart of this By-law between the Municipality of Bayham and Rodger Martin for the provision of dog license agent services. 2. THAT this By-law shall come into full force and effect upon the date of its enactment. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 20th dav of November 2008. MAYOR CLERK Staff Report P2008-022 regarding 2009 Dog License Agent Cont... Page 101 of 138 AGREEMENT MUNICIPALITY OF BAYHAM DOG I'CENSE SERY/CES THIS AGREEMENT made in triplicate this 20th doy of November 2008. BETWEEN: RODGER MARTIN Address: #56481Eden Line, RR#l Eden NOJ 1H0 Telephone: (519) 866-3909 Hereinafter referred to as "the Contractor" -and- THE CORPORATION OF THE MUNICIPALITY OF BAYHAM Hereinafter referred to as "the Municipality" WHEREAS the Municipality of Bayham is desirous of entering into an Agreement for the contracted services of a dog license agent to assist the By-law Enforcement Officer with the issuance of dog licenses within the geographical area of the Municipality of Bayham; NOW THIS AGREEMENT WITNBSSETH AS FOLLOWS: l. The Contractor hereby convenants and agrees to perform door to door collection ofdog licenses at all residences within the whole of the Municipality of Bayham, as shown on Schedule '(A" affixed hereto. 2. The Contractor hereby convenants to perform such services during the period ofFebruary 1'' to March 3 I't or each year this agreement is valid. 3. The collection of fees for issuance of dog licenses shall be in accordance with the Municipal Dog Control By-law #2001-94, enacted November 15,2007, as amended by By-law #2001-110 and By-law #2003-093, and receipts shall be given for every license issued. The Contractor shall submit to the Municipality copies of such licenses and all funds collected on a minimum bi- weekly basis. 4. The Municipality hereby covenants to pay to the Contractor the sum of EIGHT ($8.00) DOLLARS per license issued. Payment will be made within twenty (20) days following the submission of completed license books; and at the end of the service period or upon completion ofservices ifsuch occurs sooner. Staff Report P2008-022 regarding 2009 Dog License Agent Cont... Page 102 of 138 5.The Contractor covenants and agrees as follows: (a) They shall, during the entire term of this Agreement, provide and keep in force for the benefit of the Municipality, a comprehensive general liability insurance policy, including the Municipality as an additional insured, in an amount of not less than $2,000,000 providing coverage for and including bodily injury, death or property damage; (b) They shall furnish to the Municipality, upon the execution of this Agreement, copies of the certificates of insurance, showing that they have complied with the provisions of Paragraph 5(a) including naming the Municipality as an additional insured. The Contractor shall indemniff and save harmless the Municipality and their employees from all actions, suits, claims and demands whatsoever which may arise directly or indirectly by reason of a requirement of this Agreement, save and except from damage caused by the negligence of the Municipality or their employees. The Contractor shall furnish to the Municipality, upon the execution of this Agreement, a Clearance Certificate issued by the Worþlace Safety & Insurance Board, which waives its rights under Section 11(3), R.S.O. 1990 of the W'orkers' Compensation Act to hold the Municipality liable for any liability of the Contractor for assessments and levies owing to the Worþlace Safety & Compensation Board. In the case the Worþlace Safety & Insurance Board refuses to issue such certificate, a waiver form satisfactory to the municipality shall be executed. The contractor shall use his or her own vehicle for carrying out this service. In situations in which the contractor believes a resident is in possession of a dog or dogs, and the resident is unable or unwilling to acquire the required license, the contractor shall make two (2) separate attempts to collect. If after two attempts, the license is not issued, the contractor shall advise the Municipality of the address, dates and times visited, and details of evidence of dogs. Should the Municipalþ collect license fees as a result of the information submitted, payment as included pursuant to the terms set out in paragraph 4 of this Agreement, and shall be paid by the Municipality to the Contractor. 'Where the Contractor identifies that a single residence may be in possession of: (a) more than two (2) dogs on any premises within a hamlet or village area as designated on the Official Plan of the Municipalþ of Bayham, more specifically designated as that part of the Hamlet of Calton lying east of Richmond Road, the Hamlet of Corinth, the Hamlet of Eden, the Hamlet of North Hall, the Hamlet of Richmond, the Village of Port Burwell, the Village of Straffordville, and the Village of Vienna; (b) more than three (3) dogs, on any premises in all other areas within the Municipality of Bayham; the Contractor shall advise the resident to contact the Municipality, and shall supply to the Municipalþ the name and address, date and time visited, and details and evidence of the number of dogs located on the premises. The Municipality shall supply to the contractor an identification card bearing their photograph, which shall be displayed for all persons contacted by the contractor, while providing dog licensing services. Such card shall be returned to the Municipality immediately at the end of the service period. 6. 7. 8. 9. 10. ll. Staff Report P2008-022 regarding 2009 Dog License Agent Cont... Page 103 of 138 12. This Agreement shall commence January 1,2009 and shall remain effective for a period of one year. 13. This Agreement shall enure and be binding upon the Parties hereto when attached to and confirmed by By-law of the Council of the Municipality and signing by the Contractor and shall not be assigned without the consent of the Municipality. IN WITNESS WHEREOF I TAVE HEREUNTO SET MY TAND AND SEAL. CONTRACTOR: WITNESS: I)ate IN WITNESS WHEREOF'THE CORPORATE SEAL OF THE MT]I¡-ICIPALITY IS IIEREI]NTO AF'F'IXED AI\ID ATTESTED BY THE PROPER SIGNING OFFICERS TIIEREOF. AUTHORTZATION: THE CORPORATION OF THE MUMCIPALITY OF BAYIIAM BY-LAW NO. #2008-096 Mayor Date Clerk Date Staff Report P2008-022 regarding 2009 Dog License Agent Cont... Page 104 of 138 CORPORATION OF THE MUNICIPALITY OF BAYHAM STAFF REPORT TO: Mayor & Members of Council DATE: November 20,2008 FROM: P. Groeneveld FILE: P16 Fire ChieflCEMC/By-law Enforcement Officer SUBJECT: 2008 Third Quarter Report - Fire NUMBERzP2008-023 Purpose Provide Council an overview of Fire Department activities for the Second Quarter (April- June) of2008. Fire Department Activities Response Activities The Fire Department responded to 35 emergency incidents in the 3'd Quarter of 2008 as compared to 42 in the same period of 2007 and 40 in 2006. Since January 1, 2008 the Department responded to 88 incidents as compared to 93 in2007 and 94 in2006 for the same period. Yearly 3rd Quarter lncident Volumes 50 940tr Ësoofroor+ 10 0 04 05 06 07 08 Year Annual lncident Volumes tt tro 'ı E o +t 140 120 100 80 60 40 20 0 3rd Quarter lncident Volumes - Year/Month AnnualJan to Sept lncident Volumes 96 994 8sz!t Eno b88*86 84 Staff Report P2008-023 regarding 2008 Third Quarter Report -... Page 105 of 138 Incident Types Medical incidents represented 49% (17) of the total responses for this period. Patient symptoms initiating medical responses included "chest pain" (4) and "VSA" (4). Requests for assistance due to EMS Delay resulted in the Department responding to (7) incidents. The Department respondedto 9(26Yo) motor vehicle collisions. The Department responded to 6 (17%) fires. Fire incidents included responses as a result of monitoring alarm,violating burn permit conditions, hydro lines, vehicle (2) and one structure. The department responded to 3 other type incidents consisting of a tree down, chemical spill and natural gas leak. 3rd Qtr. lncidents by Type - 2008 Port Bunrell lncident Types - 2008 Other (4) 9% .\ / Medical (2e) 67o/o lncidents by Type - 2008 Medical (18) 41o/o Straffordville lncident Types - 2008 Other (1) Staff Report P2008-023 regarding 2008 Third Quarter Report -... Page 106 of 138 Response In the third quarter Pt. Burwell attended 19 (54%) incidents and Straffordville attended 16 (46%)' lncidents Attended By Station - 3rd Quarter '"iiii""'" ¡ D,"iî;"i.,, lncidents Attended BY Station - 2008 st,.roøu"l D'"ü;i'" The department responded to one (1) structure flrre where both stations were dispatched under the dual station response protocol. In addition, Straffordville assisted Port Burwell at two (2) incidents, a vehicle/field fire and MVC' The third quarter average attendance per incident was 12.04 firefighters. The year to date average attendance at incidents is 12.33 firefighters (Annual Avg.2007 - 12.73;2006 - 1 1.60). The year to date average attendance at structure fires (under the two-station response policy) is 24.6 firefighters Economical Impact The total estimated dollar loss for 3'd Quarter fires was -$40,000 (2 - vehicles). Fire Safetv Inspections Staff conducted one (1) frre safety inspection at the request of the property owner for a total of three (3) inspections since January 1,2008. Public Education and Awareness In August firefighters presented fire safety topics to campers at the Port Burwell Provincial Park. October 5 - 11, 2008 is the fire prevention week. Stations will be conducting school fire drills and presentations and inviting residents to an open house at the station incorporating fire safety presentations including fire extinguishers, auto extrication, home escape planning and smoke alarm safetv. Staff Report P2008-023 regarding 2008 Third Quarter Report -... Page 107 of 138 Training Station bi-weekly training sessions focused on firefighters completing the Ontario Fire College Pump Operations course and auto extrication. The average attendance per station training session in the second quarter was: The average participation in apparatus and equipment inspection days for the second quarter was: All Specialty Teams continue to train on an established training schedule (one session per month) for 2008. The Specialty Teams normally meet monthly as follows: The Fire Chief is currently meeting with teams to develop a strategic training plan for each team to the end of 2009. In December 2008 staff plans to meet with all department officers and trainers to establish a strategic training plan for 2009. Pawoll (Value per Point) As of September 2008 firefighters accumulated -2390 points (Fire + Regular Training Sessions -| Meetings) for the second pay period of 2008. Based on the average number of points accumulated in each of October (467) andNovember (600) from 2006 -2007 the projected number of points firefighters will accumulate in the second pay of 2008 will be -3457. Firefighters accumulated 3 9 1 9 points in 2007 and 37 02 in 2006 for the same pay period. Based on the projected number of points for the second pay period of 2008 the point value is projected to be $10.10 as compared to $10.00 (8.65) in2007 and $10.00 (8.89) in2006. Points Per 2nd Pay Period - June to Nov. , Year I Staff Report P2008-023 regarding 2008 Third Quarter Report -... Page 108 of 138 Bum Permits Stuffr i*tr¿ tttirty-four (34) bum permits in the 3'd Quarter. Since January 1, 2008 one hundred and four (l0a) burnpermits have been issued. Burn Permits lssued - 2008 30 25 tt i, ,o I E15 E Ë10 :lÈ 5 0 J FMAMJ JASOND Month The department responded to one (1) unauthorized burning incident where the properly owner violated the conditions of the Burn Permit. In addition staff investigated two complaints of open air burning. All property owners received a warning letter from the Fire Chief educating them on the municipality's open-air burning policy. Staff The Departments' current staff compliment is 36 Firefighters and I Auxiliary Firefighter. Cunently Port Burwell is understaffed by one firefighter. Staff has been advised one Port Burwell firefighter plans on retiring at the end of the year, as his family is moving out of the area. In early October staff advertised for firefighters at the Port Burwell station. The interview process will commenee in earlvNovember. Automatic Aid Agreement The Automatic Aid Agr."-"trt with Southwest Oxford was not activated in the 3'd Quarter. Since January 1, 2008 Southwest Oxford Fire Department has invoice the municipality for $300 as per the Automatic Aid Agreement for one (1) incident' The following chart indicates the total dollars the municipality has expended annually as a result of the Automatic Aid Agreement. Burn Permits lssued AnnuallY E oÀ o+ 120 100 80 60 40 20 0 Staff Report P2008-023 regarding 2008 Third Quarter Report -... Page 109 of 138 Automatic Aid Fees - Annual 8000 7000 6000 c 5000I ¿ooot sooo 2000 1000 0 Ministry of Transportation The municipalþ did not respond to any MVC on Kings Highway #3 during the third quarter. Since January 1, 2008 the municipality invoiced the Minisûry of Transportation for responding to two (2) incidents on Highway 3 (Talbot Line). The MTO has awarded payment of the invoices in the amount of $2,100. The following chart indicates the total dollars received annually from the MTO for responding to calls on provincial highways. Recommendation "THAT Staff Report 2008-023 regarding the Fire Department activities for the 3"d Quarter 2008 (Juty l't - September 3Oh¡ be received for information". MTO Fees Recieved - Annual 8000 6000 atI ¿ooooo zooo 0 Respectfully submitted, Staff Report P2008-023 regarding 2008 Third Quarter Report -... Page 110 of 138 Purpose Provide Council an overview of the ByJaw Enforcement Program activities for the Third Quarter (July- September) of 2008. Bv-Iaw Activities Do g Re gi stration/Licensing As of September 30, 2008 staff has registered 1047 dogs for 2008. 1n2007 the Municipality registered 1,041 dogs. On average the municipality has registered approximately 1080 dogs annually since 2005. As of September 30, 2008, based on2007 records there is one outstanding dog tag for 2008 as compared to eight (8) for the same period in2001. Annual Dog Registrations 1140 1120 o 1100c € 1080 G È 1060 B 1040É 'tozo I 000 980 Staff Report P2008-024 regarding By-Law Enforcement Program ... Page 111 of 138 Dog Licensing Agent In March 2008 the municipality's Dog Licensing Agent attended the residences and attempted to secure fees and renew dog licenses for 2008. The Agent sold 168 dog tags during his door-to-door visits to residents. As of September 30, 2008 a total of 152 tags were sold at the municipal offlrce as a result of the Agents visits. The following chart indicates the number of tags sold annually as a result of the Agent's visit and the total cost incurred by the municipality for the Agent's services. 2003 2004 2005 2006 2007 2008 Tags Sold By Dog Licence Agent (February 1" - March 31"t)339 321 250 239 328 168 Tags Sold as a Result of Agent's visit (Office Purchases)238 168 097 154 94 152* Total Tags Sold By Agent 577 489 347 202 422 320* Dog Licence Agent Fees ($8 / Tag)$4,616 $3,912 $2,776 $3,1 44 $3,376 $2,560* * As of September 30, 2008 Canine Control The Municipalityrequested the Canine Control Agent pick up seven (7) dogs from Julyto September 2008 as compared to sixteen (16) for the same period in2007 and thirteen (13) in 2006. Since January 1, 2008 the Agent has picked up 23 dogs as compared to 43 for the same period in2007 and 33 in2006. Dogs lmpounded Annually 60 50 ø40 E')oo30 o*20 10 0 Staff Report P2008-024 regarding By-Law Enforcement Program ... Page 112 of 138 During the third quarter two (2) dogs were reclaimed by their owner. In addition the Agent arranged adoption for four (4) dogs and one (1) remain under care by the Agent. Since January 1, 2008 of dogs impounded 53% (I2) were claimed by the owner and 30% (7) the Agent arranged for adoption. Canine Control costs from July to September 2008 were 93620 as compared to $2,150 for the same perio d 1n 2007 and 82,450 in 2006. Since January 1,2008 the municipality has incurred approximately $11,054 for Canine Control services as compared to $7,050 for the same period in2007 and $6,450 in2006. Ganine Control Costs - Third Quarter 4000 3500 3000 2500 2000 1 500 1 000 500 0 3 Dogs Adopted/Claimed . 2007 Annual Canine GontrolAgent Costs 12000 1 0000 o 8000 Ë 6000o 4ooo 2000 0 04 05 0ô 07 08 Year Staff Report P2008-024 regarding By-Law Enforcement Program ... Page 113 of 138 Enforcement The Municipality received approximately forty-two (42) complaints from July to September pertaining to various Municipal By-laws. Since January 1, 2008 one hundred thirtythree (133) complaints have been received and investigated. Dog Control issues accounted for approximately 52% (22) of all complaints in the third quarter of 2008 (see chart below). Other type complaints were in regards to dumping of garbage, noise, animal control, and yard maintenance and property standards. By-Law lnquires -3rd Qtr. yard Mtc. Other (2) 5%(1 0) 24% Ry. Stds (1) 2% làrkins (2)Garbage (5) 4 30 25 != 20 o-o 15 EEio 5 0 By-Law Complaints/Month - 2008 JFMAMJJASOND Month By-Law Gomplaints - Annual 200 180 o 160 Ë 'tqo so tzo E 100 EBoË60f+È 40 20 0 2008 Dc,s(22) t s2%// 5%12% Staff Report P2008-024 regarding By-Law Enforcement Program ... Page 114 of 138 Since January l, 2008 dog control enforcement has accounted for approximately 47Yo (63I133) of all complaints. By-Law Complaints - 2008 Other (20) Yard Mtc. (25) 19% 15o/o Hy. Stds (12) 9% Enforcement staff investigates (inspection) and contacts owners þhone and letter) in violation of a By-law and educates them of their responsibilities under the related By-law. Staff continues to monitor progress on compliance with "Notices of Violation" and "Notices of Non-Compliance" issued under the Property Standards and Yard Maintenance By-laws. Court Proceedings In January 2008 staff issued thirty (30) charges under the Municipality's Dog Control By- law. As of July 23,2008 two defendants were convicted under the Dog Control ByJaw. The two defendants were issued a total of $310 ($250 + $60) in fines. Charges against three other individuals' accused of violating the Dog Control ByJaw remain before the courts with an early fall court date. In January 2008 staff also issued three (3) charges under the Open Air Burning By-law. These charges remain before the courts with a falltnal date. Since January l, 2008 the Municipality has incurred $ 1,890. 55 for legal representation related to charges issued under the dog control and open air burning ByJaws. In September 2008 staff issued five charges under the Dog Control By-law for failing to renew dog tag for current year. Following issuance of the charges, three of the five dog owners have renewed the dog tags for 2008. In addition, one owner plead guilty (suspended sentence), one o\ryner provided proof of registration in another municipality, one charge was withdrawn and two charges remain before the courts. Staff Report P2008-024 regarding By-Law Enforcement Program ... Page 115 of 138 Staff Report P2008-024 regarding By-Law Enforcement Program ... Page 116 of 138 CORPORATION OF THE MUNICIPALITY OF BAYTIAM STAFF REPORT TO: Mayor & Members of Council DATE: October 16, 2008 FROM: P. Groeneveld, Fire Chief/CEMC FILE: P16 SUBJECT: 2008 - Emergency Management Program NUMBER: P2008-025 Third Qtr. Report Purpose Provide council with an update of the municipality's Emergency Management Program activities for the Third Quarter in 2008. Program Compliance Staff is confident the municipality will meet its obligation for meeting the minimum requirements for EMO sign off for its Essential Level Program in 2008. The CEMPC meeting remains as the only outstanding compliance item. Annual Exercise Completed tri4ay2I,2008. Staff will be proposing to conduct the 2009 exercise early in the new year. Training Completed February 1 5, 2008. Staff will be proposing to conduct the 2009 training early in the new year. Public Awareness On September 16,2008 the local EMO Field Representative advised staff the municipality's emergency management program public a\ /areness activities complied with the minimum requirements for the Essential Level Program for 2008. Attached is a copy of public education and awareness events and activities conducted in 2008 by the municipality. Staff Report P2008-025 regarding 2008 - Emergency Management... Page 117 of 138 Municipality of Bayham E mergency Management Program Public Education and Awareness Program Plan 2008 l. February, inserted an emergency information article in municipal newsletter, distribute to all households and businesses in municipalþ. 2. April, Distributed emergency preparedness information flyer via Canada Post mail to all households and businesses in the municipalþ. 3. April, Distributed a "Spring is here, Play Safe" flooding and ice safety article in local school monthly newsletter. 4. May, Emergency Preparedness Week: to all students at all schools in municipality via school newsletters and/or hand delivery. 5. June l0 / 12,2008 conducted a Kids Safety Day at Port Burwell and Straffordville schools. Activities and presentations will included farm, seat belt, electrical, bicycle, ATV, large animal, emergency preparedness and fire safety. 6. Displayed various public educational and awareness pamphlets (obtained from EMO) at municipal offrce. 7. October, Distributed "Be Prepared Not Scared" information to local schools. Display information materials at Fire Department Open House during Fire Prevention Week. 8. Partner with other municipalities to insert articles/educational messages in local newspapers. 9. Updated Municipality's web site to include emergency plan, emergency preparedness and public education and awareness information. Staff Report P2008-025 regarding 2008 - Emergency Management... Page 118 of 138 2008.08.19 6.3 9050 001451 DAVID S. ROSS PUMP SERVICES LTD. 000623 MUNICIPALITY OF BAYHAM Oct08 petty MUNICIPALITY OF BAYHAM Accounts Payable Royal Bank Cheque Register - 1013012008 10/30/2008 1:49PM NEWWELL, GRAVEL, PUMP 10t27t2008 I PETTY CASH Cheque Amount - 1013012008 I Cheque Amount - Cheque Run Total - 005443 166.73 6,991.73 Cheque Register being Cheque #5443 to Cheque #5509 inclusive... Page 119 of 138 Cheque Cheque Amount Number 2008.08.19 6.3 9050 MUNICIPALITY OF BAYHAM Accounts Payable Royal Bank Cheque Register - 1110512008 1110512008 9:404M OOOO3I ADT SECURITY SERVICES CANADA 21819322 REPROGRAMMING 't013012008 I 106.05 005445 Cheque Amount - 106.05 001337 AROUND ABOUT BAYHAM ad - volunteer VOLUNTEER NOMINATIONS 1011412008 I 58.00 005446 ChequeAmount- 58.00 000069 ASSOCIATION OF ONTARIO ROAD G0B-701 SNOWPLOW SAFETY 10130t2008 I 3,600.45 005447 Cheque Amount - 3.600.45 OOOO99 BAYHAMCATERERS 2 luncheons SNOWPLOW, TRAFFIC CONTROL 11,10412008 I 208.00 005448 Cheque Amount- 208.00 OOO255 DEREHAM FORGE 29153 BLACK BRASS PLATE 't012812008 I 33.47 005449 Cheque Amount - 33.47 OO1026 DR. C, L. LEATHERDALE 058 COL|áBORAT|ON FEE SEp,08 11t04t2008 I 800.00 005450 CheoueAmount- 800.00 OOO357 G& K SERVICES CANADA INC 1518336907 SHOP TOWELS, FLOOR MATS 1ot3ot2o}8 I 191.77 005451 Cheque Amount - 151.77 001444 NANCYLOZON 2 WASHRM CLEANTNG OCT'08 10t3'U2008 I 930.00 005452 ChequeAmount- 930.00 000647 NORFOLK DISPOSAL SERVICES 101623 GARBAGE DISPOSAL 10t31t2008 I 35.325.63 005453 ChequeAmount- 35,325.63 OOO71O PORT BURWELL HOME HARDWARE 6311 SOAP, TOWELS, TTSSUES 09/08/2008 I 128.78 005454 6353 pusH BRooM 09t25t2008 I 11.29 005454 Cheque Amount - 140.07 OOO737 RAMONA PEIDL 341375 0CT'08 CLEANTNG 10t31t2008 I 990.00 005455 341376 ocT 0B CLEAN|NG - S.C.C. 10t31t2008 I 871.00 005455 341377 ocT'08 v.c.c. CLEAN|NG 10t31t2008 I 754.00 005455 cleaning sup Oct CLEANING SUPPLIES 1013112008 I 47.19 005455 Cheque Amount - 2,662.19 Page 1 Cheque Register being Cheque #5443 to Cheque #5509 inclusive... Page 120 of 138 Accounts Payable Royal Bank Cheque Register -'l 1 10512008 001452 ROBERTNEVILL 038733 REPAIR CHAIRS 05t15t2008 I 100.00 005456 Cheque Amount- 100.00 OOO814 SIFTO CANADA INC 72096615 BULK H|GHWAY COARSE 10t23t2008 I 2,ô31 .83 005457 Cheque Amount - 2,631.83 OOO827 SOUTHWESTERN FIRE PROTECTION ANNUAL TNSPECTTON - V.C.C. 09t25t2008 I 379.05 005458 ANNUAL TNSPECTTON - S.C.C. 09t25t2008 I 659.41 005458 ANNUAL TNSPECTTON - E.C.C. 09t25t2008 t 878.75 005458 2008.08.19 6.3 9050 1414 1415 1416 OOO925 TRILLIUM RAILWAY COMPANY PCK1263 SIGNALS MUNICIPALITY OF BAYHAM 1'110512008 9:404M Cheque Amount - 1,517 .21 OOO9Í 3 TOVVNSHIP OF MALAHIDE 0&'149 NOV08 |NFO TECHNOLOGY 06/03/2008 I 373.82 0054s9 Cheque Amount - 373.82 1110312008 I 560.98 005460 ChequeAmount- 560.98 Cheque Run Total - 49,639.47 Page 2 Cheque Register being Cheque #5443 to Cheque #5509 inclusive... Page 121 of 138 Cheque Cheque Amount Number 2008.08.19 6.3 9050 001453 DOYLE & PRENDERGAST IN TRUST reimburse credit 442 CREDIT - WIEBE MUNICIPALITY OF BAYHAM Accounts Payable Royal Bank Cheque Register - 1110612008 1110512008 I 843.14 005461 1110612008 9:454M Cheque Amount - 843.14 000367 GENERALCHEMICAL 90178291 ALUM SULFATE LtQUtD 1ot2ot2oo8 I 487.66 005462 Cheque Amount - 487.66 OOO413 HERITAGE QUALITY PAINTING SERV 007 PAINT LIGHTHOUSE 10t10t2008 I 2,446.34 005463 Cheque Amount - 2,446.34 OOO427 HYDRO ONE NETWORKS INC Oct2879940004 UTtLtTtES - pUMp#.|1013112008 I 218.61 005464 Cheque Amount - 218.61 000621 MUNICIPAL WORLD INC 11800 csT oN RENEWAL SUBSCR|PT 1ot2'tt2oo8 I 7.44 005465 Cheque Amount - 7.44 000623 MUNICIPALITY OF BAYHAM oct'08 petty cash PETTY CASH 11to6t2oo1 I 1z3.Bl 00s466 Cheque Amount - 123.81 OOOT.IO PORT BURWELL HOME HARDWARE 6319 BRUSHES ogfo/2008 I 9.01 005467 6322 BULBS o9t11t2oo8 I 6.76 005467 Cheque Amount - 15.77 OOOBO6 SGSCANADAINC 10313787 LAB FEES 10t28t2008 t 92.40 005468 10313788 LAB FEES 10t28t2008 I 474.60 005468 10313789 LAB FEES 10t28t2008 I 153.30 005468 10314491 1-AB FEES 10t29t2008 I 478.80 005468 10314492 LAB FEES 1ot29t2oo8 I 708.23 005468 Cheque Amount - 1,907.33 001148 TALISMAN ENERGY INC reimburse credit CREDIT ON TAXACCT 1110512008 I 2.976.32 005469 Cheque Amount - 2,976.32 Cheque Run Total - I,026.42 Page 1 Cheque Register being Cheque #5443 to Cheque #5509 inclusive... Page 122 of 138 ./ 2008.08.19 6.3 9050 f MUNICIPALITY OF BAYHAM General Ledger Posting Summary Trace: 007544 1110712008 9:394M Accounts Pavable Voided Cheque 01-0100-1030 2008 ll 11t07t2008 cDtsT 01-0100-1950 2008 11 ',t1t07t2008 cDtsT Posted By: SUZANNA Retumed undeliverable Retumed undeliverable Void Chq:3732 GREENTREE GAS & OIL Void Chq:3732 GREENTREE GAS & OIL Total Debits Total Credits Net Posting 500.00 -500.00 500.00 -500.00 0.00 Page Cheque Register being Cheque #5443 to Cheque #5509 inclusive... Page 123 of 138 OOOO23 AAROCAGGREGATES LTD 2008.08.19 6.3 9050 MUNICIPALITY OF BAYHAM Accounts Payable Royal Bank Cheque Register - 1111312008 1111312008 1:37PM J055821 GRAVEL OOOO44 ALISAR AGGREGATES INC 20033404 WINTER SAND 1012712008 I 23.980.14 005470 10131t2008 I 1,028.03 005471 Cheque Amount - 1,028.03 OOOO52 AMTELECOM COMMUNICATIONS 0060257907Novb INTERNET - OFFICE 1110112008 I 81.85 005472 0060341982Novb INTERNET - EDISON MUSEUM 1110112008 I 45j0 005472 0060408229Novb INTERNET - MARINE MUSEUM 1110'112108 I 45.10 00s472 0060493387Nov TELEPHONE - GARAGE 11101t2008 I 37.43 005472 5198663491Nov TELEPHONE - S.C.C. 11101t2008 I 85.81 005472 Cheque Amount - 295.29 OO1337 AROUND ABOUT BAYHAM smoke alarms SMOKE ALARM AD 11t0312008 I 30.00 005473 ChequeAmount- 30.00 OOOOS.I AYLMER TIRE OOOOO4777'I REPAIR TIRE OOOO9I BARRY R. CARD 212007-15 LEGALSERVICES 2'12011-15 LEGAL SERVICES 11t01t2008 I 350.36 005474 Cheque Amount -350.36 Cheque Amount - 23,980.'14 11104t2008 I 289.80 005475 11104t2008 I 3.930.68 005475 Cheque Amount - 4,220.48 OOO141 CAIN'S AUTO SALES & SERVICE 4608 BATTERY 10/08/2008 I 132.16 005476 4724 T|RE ROTATE, BRAKES 10t30t2008 I 1.405.18 005476 Cheque Amount - 1,537 .34 OOOI54 CANADIAN KOOL WATER 108580 BOTTLED WATER 11t01t2008 I 160.00 005477 Cheque Amount - 160.00 001454 CIVIC PLANNING SOLUTIONS INC. OMB hearing WNKWORTH & TAIT OOO2O9 CORNERCUPBOARD grant GRANT'O8 OO1432 CULLIGAN K0833350515 OCT RENTAL 11109t2008 I 2.554.13 005478 Cheque Amount - 2,554.13 1111012008 I 1,500.00 005479 Cheque Amount - 1,500.00 11t01t2008 I 52.40 005480 Page 1 Cheque Register being Cheque #5443 to Cheque #5509 inclusive... Page 124 of 138 2008.08.19 6.3 9050 MUNICIPALITY OF BAYHAM Accounts Payable Royal Bank Cheque Register - 1111312008 Cheque Amount - OOO272 DYNAMIC FLUID PRODUCTS INC I-85235.0 HYDRAULIC HOSES, CRIMPS r0/30i2008 I Cheque Amount - OOO2BO EAST END SUPPLY 55032 COUPLERS, CHAIN OOO299 ELGIN PURE WATER 0000149732 MONTHLYRENTAL OOO316 EQUIPMENT CENTRE SIMCOE LTD T049693 ROTARYHAMMER T049783 BLADE OOO334 FASTENAL CANADA ONTIS22284 HARD HATS 001239 GREAT LAKES NEW HOLLAND INC 1012712008 I 1110112008 I Cheque Amount - Cheque Amount - 1012412008 I Cheque Amount - 1111312008 1:37PM 52.40 74.U 005481 Cheoue Amount -101.',!1 106.58 74.84 101.11 005482 005483 005485 005486 005486 005486 005487 005487 10122t2008 10t31t2008 r06.58 97.13 005484 226.00 005484 323.13 8',1.41 517542 517544 51 7680 Nov06571-44066 Nov35795-43000 FILTERS, O.RINGS, OIL TRAN FLUID OIL, FILTERS, BLEW RAD BRINE SALE OF BRINE LEGAL SERVICES LEGAL SERVICES LEGAL SERVICES LEGAL SERVICES LEGAL SERVICES LEGAL SERVICES Gheque Amount - 1011612008 10/16/2008 10t23t2008 81.41 166.31 1M.14 314.14 OOO39O GREENTREE GAS & OIL LTD L03-1144 L03-1 144 brine 12t13t2007 1110712008 6¿14.59 500.00 500.00 001258 HENNESYGIBSON HOGAN 50616 50625 50626 50627 50628 50629 Cheque Amount -1,000.00 681.66 005488 99.71 005488 99.71 005488 99.71 005488 99.71 005488 539.74 005488 10131t2008 10t31t2008 1013112008 10t3'U2008 1013112008 10t3'U2008 OOO427 HYDRO ONE NETWORKS INC 00240-14793Nove UTILITIES-GARAGE Cheoue Amount -1,620.24 292.81 005489 49.38 005489 446.28 005489 UTILITIES - METER CHAMBER UTILITIES - PUMP#6 1110612008 11t04t2008 11t05t2008 I I I Cheque Gheque Amount , Number Page Cheque Register being Cheque #5443 to Cheque #5509 inclusive... Page 125 of 138 2008.08.19 6.3 9050 Nov50370-20077 Nov62770-20225 Nov68850-12275 Oct0l 1 81-23005 Oct'|2650-91004 Octl8850-12458 Oct'18971-52001 Oct34853-01007 Oc143850-12451 Oct50250-12458 Oct56450-12330 Oc175250-12272 Oc187770-20012 Oct93850-12278 Oct93850-91 01 9 Oct93970-20342 OOO5IO KLASSEN AUTO PARTS MUNICIPALITY OF BAYHAM Accounts Payable Royal Bank Cheque Register - 1111312008 1111312008 1:37PM UTILITIES - VIENNA LIBRARY UTILITIES - VIENNA MEM PARK UTILITIES - PB GARAGE UTILITIES - INTERP CENTRE UTILITIES - PUMP#8 UTILITIES. PB LIBRARY UTILITIES - BOOSTER PUMP UTILITIES - BEACH WSHRMS UTILITIES - PB CENTEN PARK UTILITIES - MARINE MUSEUM UTILITIES. BOAT LAUNCH UTILITIES - PB LIGHTHOUSE UTILITIES. EDISON MUSEUM UTÍLITIES - PB FIREHALL UTILITIES - PUMP#7 UTILITIES - V.C.C. 147.20 005489 106.47 005489 93.25 005489 47.57 005489 120j6 005489 155.31 005489 94.30 005489 68.46 005489 107.34 005489 142.49 005489 39.04 005489 42.14 005489 123j0 005489 135.46 005489 74.07 005489 611.11 005489 1110512008 1110512008 1110412008 1013112008 10t31t2008 10t31t2008 1013112008 1013112008 10t31t2008 1013112008 1013112008 1013'112008 1013112008 10t31t2008 10t31t2008 10t31t2008 Cheque Amount - 10lo'U2008 10104t2008 1 0/08/2008 1012312008 1012912008 10t30t2008 1013012008 1013012008 1013112008 1013112008 2,895.94 4.12 4.90 3.19 23.72 63.19 30.13 13.48 25.31 47.20 1.66 005490 005490 005490 005490 005490 005490 005490 005490 005490 005490 15220 15428 I 5687 I 6564 16839 16924 1 6939 1 6943 16998 17002 OOO513 KOOLEN ELECTRIC 1 3986 1 3988 SPARKPLUGS BULBS FILE SCREWDRIVERS TOWELS WIRE, TORCH TIP SOLDER, PASTE FILTERS EXTENSION, SOCKETS AGC BOX STL REPAIR - STRAFF STL REPAIR - CORINTH Cheoue Amount - Cheque Amount - OOO518 KWIK KOPY PRINTING 23668 DOG LICENCE FLYERS 1110312008 I Cheque Amount - 000526 I.AEMERS TRUCKING LTD 20920 BACKHOE - ARCHEOLOGTST DtG 10t31t2008 I 11t10t2008 '11t10t2008 216.90 420.42 684.99 005491 005491 005492 005493 1,105.41 223.74 223.74 27 an Cheque Amount -37.80 Page Cheque Register being Cheque #5443 to Cheque #5509 inclusive... Page 126 of 138 2008.08.19 6.3 9050 MUNICIPALITY OF BAYHAM 1111312008 1:37PM Accounts Payable Royal Bank Cheque Register - 11 11312008 OO137O LAFARGE PAVING & CONSTRUCTION 10602992 ASPHALT OOO538 LEVITT-SAFETYLIMITED 1626655.00 BENCH TEST 1012812008 I 1,110.56 005494 ChequeAmount- 1,110.56 1013112008 I 1,033.95 005495 Cheque Amount - 1,033.95 000642 NOELSCONSTRUCTION 89147'l STDEWALK 1'U03t2008 I 26.275.89 005496 Cheque Amount - 26,275.89 000661 ONTARIO ASSOCIATION OF '08 membership 2008 OAPSO MEMBERSHIP 1111012008 I 55.00 005497 Cheque Amount- 55.00 OOO727 PUROLATOR COURIER LTD 403512210 COURTER SERVTCE OOO742 RBC LIFE INSURANCE COMPANY 2'1842 - Nov'08 NOVEMBER REMIT 10t24t2008 I 52.83 005498 Cheque Amount - 52.83 1013112008 I 62.02 005499 Cheque Amount - 62.02 OOO747 REID'S PRE-CAST CEMENT PRODUCT 5034 RtsER, COUPLERS, GRATE 10t16t2008 I 1,235.09 005500 5036 GRATE 10t16t2008 I 127.69 005500 Cheque Amount - 1,362.78 OOO782 ROYAL CANADIAN LEGION wreaths PLACEMENT OF WREATHS 1111012008 I 50.00 005501 ChequeAmount- 50.00 000796 SANDS CANADA INC./ANGUS 00660565 LATEX GLOVES 10/30/2008 I 32.18 005502 Cheque Amount - 32.18 OOO814 SIFTO CANADA fNC 72096912 BULK H|GHWAY COARSE 10t24t2008 I 2.640.97 005503 Cheque Amount - 2,640.97 OOO827 SOUTHWESTERN FIRE PROTECTION 1417 ANNUAL INSPECT|ONS 09125t2008 I 239.45 005504 1418 ANNUAL INSPECT|ON. BATTERIES 09t25t2008 I 201.08 005504 Cheoue Amount - 440.53 OOO857 STRONGCO EOUIPMENT 817342 SEALS, |NJECTOR, RTNGS 10t31t2008 I 2.229.09 005505 Page 4 Cheque Register being Cheque #5443 to Cheque #5509 inclusive... Page 127 of 138 2008.08.19 6.3 9050 MUNICIPALITY OF BAYHAM Accounts Payable Royal Bank Cheque Register - 1111312008 1111312008 1:37PM OO1OO2 TILLSONBURG FIRE & SAFETY EQUIPMENT 10407 BATTERIES OOO953 VIENNA HOME CENTER LTD 329980 CROWBAR, POSTS 330602 WASHERS,I.AGS, POSTS 330825 LAGS 330917 POSTS OOO954 V¡KING CIVES LTD 2612307 VALVE HANDLE KIT OOO957 VOTH SALES & SERVICE LTD Cheque Amount - 't0t2'U2008 I 2,229.09 157.9:7 Cheque Amount - 11t05t2008 I 135.59 145.07 RUBBER BLOCKS MIRROR CHAINS, BOLTS, NUTS Cheque Amount -215.51 Cheque Run Total -80,139.80 Page Cheque Register being Cheque #5443 to Cheque #5509 inclusive... Page 128 of 138 SORW ¡IUNICIPALITY OF BAYHAH TOT PACKETS - 2 CURRENT FEDL TAX A,42A.36 NR TAX PROV TAX EI CONT 5T7.73 QPIP CAN PEN L,793.36 QC PEN QC HSF 0N EHT 94A.5O I.1B HET NL HAPSET TOT STATS LL,687.95 CHEQUES DEPoS I TS 36 , O5L . 64 US DEPS DED DEPS 50. OO T0T NPAY 36,t1t.64 RRS P RTI ADJUST -DR ADP CANADAPAYROLL TECHNOLOGIES DATLY UPDATE REPORTCOiIPANY TOTALS ADJUST. CR CURRENT TOTAL 8,428.36 5L7 .73 L ,793.36 94A,50 LL , 687 .95 36 ,05L . 64 50.00 36 , t0t .64 47 ,7 A9 .59 109,52 5.47 47 ,904.3A SERVICE CHARGES RUN: NOV 4 ZO0A NO¡ A PAGE: 1201 GST REc: 100057415 RTOO04 CoilPANY PAGE: 5 DEBIT DATE: NOV 5, zOOa DATE 0F PAY: Nov 7, 2o1a YTD TOTAL 2L4,467.65 FEDL TAX NR TAX PROV TAX36,6?3.70 EI CONT QPIP,?,3OO.36 CAN PEN QC PEN QC HSF23,46L.09 0N EHT 1.IB HET NL HAPSET 367,?52.A0 T0T sTATS 38 t847 .74 CUEQUES 882, 980 . 58 DEP0S ITS US DEPS I , I50. OO DED DEPS 922,97A.L2 TOT NPAY RRSP RTI L,290,230.92 T0T PAYRoL ?,974.LL SERV CHRG L49.77 GST PST 1,295,554.60 GRAND TOT UNITS I CHARGE 46.00 TOT PAYROL SERV CHRG GST PST GRAND TOT 47,789.59 I 09.52 5 .47 47 ,904.3A YTD ADJUST I TE}I PAYROLL RUNS ITE}I UNITS SALARIED WORKPAYS 20 PAY ADVICE FOLD 5I TOTAL S,/C SUBJECT TO GST IS: TOTAL PAYROLL DEBIT IS CHARGE 50.40 6.20 ANALYSIS OF I TEI{ HOURLY WORKPAYS COURIER FEE 109.32 UNITS 1t I CHARGE t6.72 10.00 47,904.38 DEBIT INFORIIATI0N: 003 05102 10tI925 Cheque Register being Cheque #5443 to Cheque #5509 inclusive... Page 129 of 138 Page 130 of 138 MU]VCIPALITYOF BAYHAM MEMORANDUM DATE: NOVEMBER 17.2008 TO: Council FROM: Margaret Underhill, Deputy Clerk RE: January Meeting Schedule NUMBER: C2008-06 Background In previous years, Council has agreed to reschedule the regular January meetings and hold only one meeting in January. For 2009 that one meeting would be held on January l5th. A resolution is required to that effect. Recommendation "THAT the regular January 2009 Councíl meetings be rescheduled to allowfor one meeting only on Thursday January 15,2009 at 7:00 p.m." Underhill, Deputy Clerk Staff Memorandum C2008-06 regarding January 2009 Council Mee... Page 131 of 138 Page 132 of 138 Ercr Ercw Sncoxomr Scnoot 162 Tmor Srnnnr WEsr Ayr,LrER, O¡;¡rnruo N5H IK6 Tntnpno\tr' (51q7n-3174 . FAX, (519)765-1943 . 24hrAttendanceLine: (519)773-3259 All Staff øt Easl Elgín Secondary School are commÍtled lo providing an inviting, safe, caring, respectful and cleøn learning environmenl Patrìcìø Thompson BA Hons, B.Ed, MEd Principal Dear Mr. Kruger RE: Tire Clean-up Further to my telephone conversation, I to be cancelled. Míke Moore BA Hons Vice - Principal Mørilyn Simpson BAHons,MEd Vice - Principal e)3 L " Írô,r - I ?'j^lrl.rl i regret to inform you that the 2008 Fall Tire Clean-up had Over the last two weeks we had tried to complete the project but bad weather and high winds hampered our success. Safety is my number one concern with the students working around the bluffs and the water. I am also requesting that we be considered for funding in your next budget so we may once again continue this environmental project next year. The project has been a huge success!! We have taken over 2000 tires and hundreds of bags of garbage offow shoreline. Once the details of the 2009 project have been worked out I will submit to both municipalities for final approval. If you require anything further, please do not hesitate to call me. Please contact me once this has been discussed at council. Consideration for this request is greatly appreciated. Thames Valley Distr¡ct School Board /4 eailht, .4eanaarA eont"t/aã4 websíte: www.tvdsb.on.caCorrespopndence received November 4, 2008 from Duncan Sincla... Page 133 of 138 Page 134 of 138 UniËed UUäg of Elgin-St. Thomas 300 South Edgewore Rd, St. Thomos, oÑ NsP 4Li Tel: 519-ó31'3171 Fox: 519-631-9253 www.sJhomosuni ledwoy.co Registered Chority No. r r 889 Zr 07 R000.l I believe in my community. I believe thot its success depends on the people who live in it. Thot everyone hqs something to contribute. Thot everyone deserves respect. Ihot everyone's potenfiol cqn be reolized. Thot diversity is vitol. Thot every person h<¡s volue. Thol everyone needs help onel everyone ccrn offer help' Thot q sqfe, supportive community is everyone's responsibility. I believe in possibility. September 2008 Mr. Kyle Kruger Administrator Municipality of Bayham 9344PlankRoad, P.O. Box 160 Straffordville, ON NOJ 1Y0 Dear Mr. Kruger, i., i,- ,rr e." , , ,i: ': .i'' l '' ) '.. I '¡' u '" \'t '-- f Li ,bËld sEP ? 2 2W8 i '.ì ¡"Êot United Way is creating real change in people's lives - long-term, sustainable change that is measurable. That means a better community for us all. When you give to the United'Way, you allow for funding to be focused where it is needed most - to improve the quality of life in your community for everyone. Your contribution stays in Elgin County and makes areal impact in the lives of families and individuals. V/ith our current economic situation, more people will be accessing United'Way programs and services. Your support is needed now more than ever. Our success is firmlyrooted in a shared sense of community across this County. The success of the Elgin-St. Thomas United'Way campaign reflects the support of businesses, labour, individuals and organizations like yours. United Way is the most effective and efnicient way to give to our community. Every yeat a group of dedicated and diverse volunteers review agency funding requests and focus investments on programs that achieve maximum outcome. Over the past year, the following funding priorities were adopted: Youth Poverfy & Unemployment Medical and Mental Health Transportation Last year, through donations received to the campaign, the United \ilay was able to fund: Nutrition Partnership - "Breakfast Program" 'We believe in the possibility that lives can be improved if we all work together toward it. This is why we have volunteered to serve as Co-Chairs of the Public Service Division of the Elgin-St. Thomas United'Way. We hope you will support our campaign, and make or renew your gift to United Way. Through September and October a volunteer member of the Public Service Division will be contacting you as a follow-up to this letter. In the meantime, if you require further information or if you would like a presentation, please contact Donna Riddell at the United Way at 519-631-3171. Thank you for your consideration of this request. Sandra Datars Bere 2008 Public Service Co-Chair2008 Public Service Correspondence received September 22, 2008 from United Way r... Page 135 of 138 Page 136 of 138 CORPORATION OF THE MTJNICIPALITY OF BAYHAM STAFF REPORT TO: Mayor & Members of Council FROM: Suzanna Mantel, CGA, Treasurer SUBJECT: 357 Applications DATE: November 12.2008 FILEzF 22 NUMBER: F2008-35 Background Comments Pursuant to Section 357 of the Municipal Act, 2001 an owner of land may make application for the reduction, refund or cancellation of taxes levied against a property or business. Furthermore, under section 34 of the Assessment Act, as the result of a "change event", changes to the assessment values and/or classifications will usually result in a change in the taxation levies for a particular year. The Taxes to be Written Off for 2008 at this time amount to $7,530.12 of which $2,279.09 relates to the General Municipal levies and the remainder to the County and Education Levies. Please note that the s.357 request for roll#3401-000-003-15110 was submitted late for the 2007 taxation year and council is not obligated to grant this reduction (a total write-off of $572.55). Recommendations: l. THAT Staff Report 2008-35 regarding 357 reductions be received; 2. AND THAT total taxes in the amount of $ 7,530.12, as identified on Schedule A attached to the Report, be cancelled, refunded or reduced pursuant to Section 357 of the Munícípøl Act, 2001," Encl. Respectfully submitted, Suzanna Mantel, Treasurer t',Staff Report F2008-35 regarding "357 Applications" - Applica... Page 137 of 138 Schedule A laxation Revenue Analvsis - 2008 t42',s PROPERTY EFFECTIVE # DAYS TO GENERAL COUNTY EDUC GENERAL COUNTY EDUC TOTALROLL #NAME ASMT CLASS TAX RATE DATE END OFYR RATE RATE RATE CREDIT CREDIT CREDIT CREDIT 2008 0-002-r0900 lrevits B 12.800 ¡l 0.376256 6/9/2008 206 0.16448',0.145769 0.06600c I 1.85'(10.501 4.75)(27.t0',lemove 3 bu < kilns)riedsq J 12.000'RT 1505022 4/1/08 - t2/3t/2008 275 0 65794',0.583075 0.26400c (9.89 (8.76',,(3.97\(22.62',remove güage 0-004-18700 leters J 91.000 RT t.505022 l/28/O8 - t2t3v08 279 0.65794',0.583075 0.264000 456.41 404.47 183.13 1044 01 ceclassifr commercial (91,000'CT 3.47272s 3/28t08 - t2/31/08 279 t.o7745t 0.954844 t.440427 (747.42 (662.36'(999.2t)(2408.99',to residential0-008-09800 Underhill Farms (r 8.000'FT 0.3762s6 5/1/08 - t2/31/08 245 0.16448',0.r4s769 0.066000 fi9.82 t7.56't95 (4s.33 'emove 3 bulk kilns 0-003-15 I 100 SteinhoffP (64.000'RT rs05022 l/1/08 - r2l3t/2008 JOı 0.65794"0.583075 0.26400c (421.09)(373.17',,(168 96 (963.22''move old house 2007 0-005-17200 lalint Nicholas (77.000'RT 1.457745 02.08.07 - t2.3t.07 0.63s72t 0.558016 0.26400((438.ss1 (384.94',(182.r2t 1005.61 cmove old house 0-003-1 1000 Gamer Rudv t8.000'RT 1.457745 01.01.07 - 12.3r.07 365 0.635725 0.55801(o.26400c (50.861 G4.64',.(21.12 I16.62 'emove Dool from asmt 0-002-07000 Wilev T (69.000'RT 1.457745 09.04.07 - t2.31.07 t19 0.635725 0.s58016 0.26400c 143.0t 125.53't59.391 Í7,)1 q'\'emove old house 4-001-21 600 Wallis J 66.000 RT t.457745 t.o7 - t2.3 07 JO)0.63572t 0.558016 0.26400(419.58 368.29 174.24 962.11 'eclassifu commercial t66_000'CT 3.395304 107 07 365 t.04to7(0.91380t 1.44042i (687.t|(603. r l t950.68 e240.90'to residential 2-001-04100 illis C 27.500 RT t.50s022 108 t2 08 366 0.65794',0.583075 0.26400(180.94 160.35 72.60 413.89 comercial 07.500'CT 3.472725 .1.08 - 12.3 08 366 1.07745t 0.9548r',4 1.440427 (296.30)(262.58'(396.tz',,(955.00'to residential 0-003-15 I 100 SteinhoffP t64-000'RT t.457745 05.22.07 - 12.31.07 0.635729 0.558016 0.26400((249.69)(219.t7',(103.69ì 672.5s emove old house 2006 4-001-21600 Wallis J 66.000 RT t.423220 1.06 - 12.31.06 365 0.618863 0.540357 0.264000 408.45 356.64 t74.24 939.33 reclassifr comercial t66.000 CT 3.338765 1.1.06 - 12.31.06 365 1.013450 0.884888 1.440427 (668.88ì (584.03't950.68'(2203.s9'l to residmtial TOTALS (2279.Ot t2006.6((3244.43 (7530.12', Staff Report F2008-35 regarding "357 Applications" - Applica... 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