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Home My WebLink AboutMay 21, 2011 - CouncilCOUNCIL AGENDA THE CORPORATION OF THE MUNICIPALITY OF BAYHAM 9344 Plank Road, Straffordville Thursday, April 21, 2011 7:00 p.m. Page 1.CALL TO ORDER 2.DISCLOSURE OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF 3.APPROVAL OF MINUTES AND ADDITION OF AGENDA ITEMS (a)Minutes of the regular meeting of Council held April 7, 2011. (b)Added Item(s) 4.DELEGATIONS (a)7:15 p.m. - John Peters regarding "Value added agriculture uses to a farming operation and the zoning by-law". (b)7:25 p.m. - Marc Cerna regarding "Outback Camping Application for exemption from Noise By-Law". (c)7:30 p.m. - Helene Cerna regarding "Outback Camping Application for exemption from Noise By-Law". (d)7:35 p.m. - Christine Churchill regarding "Outback Camping Application for exemption from Noise By-Law". 5.INFORMATION ITEMS (a)Correspondence dated April 14, 2011 from Association of Municipalities of Ontario regarding "AMO Supports Accessible Communities". File: A01 (b)Long Point Region Conservation Authority minutes of meeting held February 25, 2011. File: A16 5-17 19-22 23 25 27-30 31-36 Page 1 of 185 Council Agenda April 21, 2011 Page 5.INFORMATION ITEMS (c)Bayham Harbourfront Committee minutes of meeting held February 23, 2011. File: C06 (d)Bayham Historical Society minutes of meeting held March 10, 2011. File: C06 (e)Lake Erie Region Source Protection Committee minutes of meeting held March 3, 2011. File: E00 (f)Correspondence dated April 15, 2011 from City of Oshawa regarding "School Boards' Declaration of Voting Day as a Professional Activity Day". File: C10 (g)Correspondence dated March 31, 2011 from City of Mississauga regarding "Revenue from H.S.T. Charged on Gasoline and Diesel Sales Transportation Infrastructure Funding". File: C10 (h)Correspondence dated March 31, 2011 from Ministry of Transportation regarding "Project Ojibwa". File: D06 (i)Correspondence dated March 31, 2011 from Stewardship Ontario regarding "Industry Funding for Municipal Blue Box Recycling for 2010 Program Year". File: E07 (j)Correspondence dated March 2011 from Ministry of Citizenship and Immigration regarding "Lincoln M. Alexander Award 2011". File: M02 6.PLANNING, DEVELOPMENT, RECREATION & TOURISM (a)Staff Report D2011-15 regarding "Growmark Site Plan Agreement / By-Law 2011-032". File: D11.GROW (b)Staff Report D2011-16 regarding "Froese Amended Consent Applications E20- 23/11". File: D10.11 Froese (c)Correspondence dated April 14, 2011 from Oxford County regarding "Draft Approval of Plan of Subdivision". File: D12 37-38 39-42 43-52 53-54 55-58 59 61 63 65-84 85-98 99-105 Page 2 of 185 Council Agenda April 21, 2011 Page 7.ROADS, AGRICULTURE & DRAINAGE (a)Staff Report DR2011-005 regarding "Richmond Outlet Municipal Drain". File: E09 Richmond Outlet 8.PROPERTY, BUILDING & PROTECTIVE SERVICES (a)Request received from Eileen DeJager, Supervisor Bayham Library, to use the municipal sign to promote celebration of the 75th anniversary of the Elgin County Library System. File: C13 (b)Application for Exemption from Bayham By-Law 2001-57 (to regulate and control noises) received from Outback Camping, Mike Timmermans. File: C13 9.FINANCE, ADMINISTRATION & PERSONNEL (a)Cheque Register being Cheque #10267 to Cheque #10344 inclusive, except Cheques #10342 totaling $327,510.84 and Payroll Disbursements for the period ending April 3, 2011 totaling $54,249.04. (b)Correspondence dated March 31, 2011 from the Municipality of Halton regarding "Harmonized Sales Tax Revenue and a New Funding Mechanism for Transportation Infrastructure". File: C10 (c)Correspondence dated April 5, 2011 from Elgin Group Police Services Board regarding "Policing Costs - 2011". File: P17 (d)Staff Memorandum regarding "Tax Sale". File: F22-11 (e)Staff Memorandum regarding "Dredging Information/Update". File: D06 OJIB (f)Staff Memorandum regarding "Municipal Assistance Applications 2011". File: F11 Assist 10.ENVIRONMENT 107-115 117 119 121-134 135-136 137-147 149-152 153-155 157-160 Page 3 of 185 Council Agenda April 21, 2011 Page 10.ENVIRONMENT (a)Correspondence dated March 31, 2011 from Elgin Area Primary Water Supply System regarding "Elgin Area Primary Water Supply System 2010 Compliance Report". full report available online File: E08 11.COMMITTEE OF THE WHOLE (a)In Camera. (b)Out of Camera. 12.BY-LAWS (a)By-Law 2011-032 A By-Law to authorize the execution of an agreement (Growmark Inc) (b)By-Law 2011-033 A By-Law to authorize the renewal of an agreement (Donnell) (c)By-Law 2011-034 A By-Law to further amend By-Law 2008-023 as amended (Richmond Outlet Drain) (d)By-Law 2011-035 A By-Law to confirm all actions of Council 13.ADJOURNMENT (a)Adjournment 161-162 163-176 177 179-184 185 Page 4 of 185 COUNCIL MINUTES THE CORPORATION OF THE MTJNICIPALITY OF BAYHAM 9344 Plank Road, Straffordville Thursda¡ April7,20ll 7:00 PM The regularmeeting of the Council of the Municipality of Bayham was held on Thursday, April 7,2011in the Council Chambers. Present were Mayor Paul Ens, Deputy Mayor Mark Taylor, Councillors Tom Southwicþ Wayne Casier and Ed Ketchabaw, Administrator Kyle Kmger and Clerk Lynda Millard. Planning Coordinator / Deputy Clerk Margaret Underhill, Public Works Manager Gerry LeMay and Water Wastewater Superintendent Ed Roloson were in attendance to present their respective reports. 1. CALL TO ORDER Mayor Ens called the meeting to order at 7:00 p.m. 2. DISCLOSURE OF PECUNIARY INTEREST & THE GENERÁ,L NATURE THEREOF' None 3. APPROVAL OF MINUTES AND ADDITION OF AGENDA ITEMS (a) Minutes of the regularmeeting of Council held March 24,2011. 20tt-143 Moved by Councillor W Casier Seconded by Deputy Mayor M Taylor "THAT the minutes of the regular meeting held March 24,2011be approved as circulated." CARRIED UNANIMOUSLY (b) Minutes of the special meeting of council held March 30,2011. 20tt-144 Moved by Deputy Mayor M Taylor Seconded by Councillor W Casier "THAT the minutes of the special meeting held March 30,2011 be approved as circulated." CARRIED UNANIMOUSLY Page I of 13 Minutes of the regular meeting of Council held April 7, 2011.Page 5 of 185 Council Minutes (c) Added ltem(s) There were no items added to the agenda. Apnl07,20ll 4. DELEGATIONS (a) 7:15 p.m. - Strickland's Bulldozing regarding "Proposed Expansion of Pit on Richmond Road". Item 6(d) Bemie Janssen, of Harrinton, McAvan Ltd. spoke on behalf of Strickland Bulldozing. He noted a disagreement of interpretationby municipal staffand the planner, IBI Group, regarding the need to undergo an Official Plan amendment and rezoning. He added that he was working for the Ministry of Natural Resources whenpolicies to allow sand removal without OPA and rezoning requirements were put in place and has a good understanding of the intent. The soil in the area between Aylmer and Simcoe is considered blow sand and is not considered a commercial viable aggregate for constn¡ction purposes. William Pol, IBI Group, noted that the establishment of the earlierpit may have predated Official Plan policies and suggested that the proposed use on this property is not solely to remediate the field for the farmer's benefit, but rather to support Strickland's commercial operations. Mr. Janssen noted that property owners within 120 meters of the site had been notified of the proposal and no comments had been received from these neighbours. Following discussion, Council supported the position of Strickland that an Official Plan emendment and rezoning are not required. (b) 7:30 p.m. - William Pol from IBI Group regarding "5 Year Official Plan" review modificatio ns. I t em 6 (e) Planning Co-ordinator Margaret Underhill noted that the Ministry of Municipal Affairs and Housing has recommended 53 changes identified through the Ofücial Plan review to consider. 46 of these changes are minor in nature and should be accepted. Mr. William Pol noted that no further modifications to # 53 - Bayham Industrial Park Expansion, #36 - Section 3.3.3 Specifrc Policy Area No. 3-Chateau Wyndemere and Section 2.1.10 - Supplementary ¡ar:n þv¡sllings are proposed at this time. Mr. Pol reviewed the IBI Memo dated March 3,2011. He suggested that Council request revisions to the draft modifications #'s 10, 42, 44, 45,47, 50 and 53 as outlined in the memo. A resolution seeking these revisions and final approvel was passed under item 6(e). Page 2 of 13 Minutes of the regular meeting of Council held April 7, 2011.Page 6 of 185 Council Minutes April 07, 2011 (c) 8:10 p.m. - Ron Bradfield regarding "Large Water Bill" as a result of recent leak. Mr. Bradfield explained that he had shut offhis water service for the winter, however a leak had developed in a short piece of pipe near the water meter that was undetected for some time. He requested forgiveness for the a:nount of the billing. Council was open to discussion of a long tenn repaynent plan, however, Mr. Bradfield had already made other arrangements. (d) 8:20 p.m. - Steve Straub regarding "Municipal By-Law 2009-059 Enforcement Procedures". Mr. Straub raised conceÍrs regarding enforcement action taken regarding mandatory rabies immunization for dogs. He suggested the municipalþ be proactive and consider holding public rabies immunization clinics every three years. 5. INFORMATION ITEMS (a) Correspondence from Elgin WrapA¡ound Initiative regarding "Fundraising Event". File: 401 (b) Conespondence from Communities In Bloom Ontario regarding "2011 Programs". (Infomation available on how to participate) File: A0l (c) AMO Breaking News dated March 28,2011 regarding "2}ll Provincial Budget Preserves Upload Schedule". File: 401 (d) AMO Report to Members regarding "March 2011 Boa¡d Meeting". File: 401 (e) Correspondence received from Local Authority Services Ltd. and Association of Municipalities of Ontario regarding "Spring 2011 Town Hall Sessions". File: 401 (Ð Correspondence from East Elgin CommunityComplex regarding "Active Elgin Day". File: 401 (g) Correspondence received from the Ontario Association of Fire Chiefs regarding "Municipal Policitians S eminar". File: 404 (h) Correspondence from the County of Elgin regarding "Letter of Agreement Between The County of Elgin and The Thames Valley District School Board". File: 416 Page 3 of13 Minutes of the regular meeting of Council held April 7, 2011.Page 7 of 185 Council Minutes APnI07'2011 (Ð Correspondence received from Ministry of Children and Youth Services regarding "Ontario Child Benefit". File: 416 C) Correspondence dated March 4,2011 from Minisûry of Environment regarding "Taking Care of Your Drinking Water: A Guide for Members of Municipal Councils". File: A16 (k) Correspondence dated March 22,2011 f¡om Ministry of Health and Long-Term Care regarding "St. Thomas Elgin General Hospital Capital Redevelopment Proposal". File: A16 (1) Correspondence dated March 25,20L1 from Ministry of Infrastructure regarding "Govemment of Ontario's l0 Year Infrastructure Plan". File: 416 (m) Correspondence from County of Elgin regarding "Elgin County 2011 Budget". File: COl (n) Elgin Group Police Services Board minutes of meeting held February 15,2011. File: C06 (o) Correspondence dated March 28,2011from Elgin Group Police Services Board regarding "Ontario Provincial Police Costing". File: C10 (p) Correspondence dated March 23,20ll from Michael Down regarding "Dredging". File: C13 (Ð Correspondence dated March 28,2011from Ministry of Tourism and Culture regarding "Proj ect Ojibwa". File: D06 (r) Correspondence received from Lake Huron PrimaryWater Supply System regarding "Notice of Study Completion". File: 800 (s) Correspondence dated March 16,20ll from Ontario Heritage Trust regarding "2011 Volunteer Recognition Programs". File: M02 (t) Conespondence received regarding "Budget 2011: Museum Progtams Remain Intact". File: M06 (u) AMO Breaking News dated March 2l,20ll regarding "Emerging Fire Services Issues". File: P16 Page 4 of 13 Minutes of the regular meeting of Council held April 7, 2011.Page 8 of 185 Council Minutes APnl07,20Il (v) Ontario Provincial Police News Release regarding "Property Recovered From Theft In Rodney". File: P17 20lt-145 Moved by Councillor W Casier Seconded by Deputy Mayor M Taylor TTTHAT items 5(a) through 5(v) be received for information; AND THAT item 5(o) resolution from Brighton be supported." CARRIED UNANMOUSLY 6. PLANNING. DEVELOPMENT. RECREATION & TOURISM (a) StaffReport D20l l-l I regarding "Jurenas Consent 829/11". File: DlO.1l Jurenas 20tt-L46 Moved by Councillor W Casier Seconded by Councillor T Southwick "TIIAT Council recommend to the Elgin County Land Division Committee that consent application f,2glll, submitted by Peter and Penny Jurenas, be granted subject to conditions: 1. copy of the final survey be provided to the municipality 2. $500 cash-in-lieu ofparkland dedication fee 3. rezoning ofthe severed and retained parcels." Deputy Mayor Tøylor noted hß oppositìon to decísíons made bøsed on assessment mapping not necessarily beíng correct. CARRIED (b) StaffReport D2Oll-12 regarding "Best Line Farms / Vanleeuwen Consent E13/l1". File: D10.11 Best Line 20tr-147 Moved by Councillor T Southwick Seconded by Councillor W Casier "THAT Council recommend to the Elgin County Land Division Committee that consent application El3lll, submitted by Best Line Farms Limited/Antonia Vanleeuwen, be granted subject to conditions: Page 5 of 13 Minutes of the regular meeting of Council held April 7, 2011.Page 9 of 185 Council Minutes April07,2011 1. copy of the final survey be provided to the municipality 2. $500 cash-in-lieu of parkland dedication fee 3. rezoning of the severed and retained parcels.r' Depuly Mayor Taylor noted hß oppositíon to decìsions made based on assessment møpping not necessarily being cotecl CARRIED (c) StaffReport D2Oll-14 regarding "Friesen Consent E1lll As Amended". File: Dl0.1l Friesen 20tt-148 Moved by Councillor W Casier Seconded by Councillor E Ketchabaw "THAT Council recommend to the Elgin County Land Division Committee that consent application Eslll, submitted by Mark and Myra Friesen, be granted subject to conditions: 1. copy of the final survey be provided to the municipality 2. $500 cash-in-lieu ofparkland dedication fee 3. rezoning ofthe severed and retained parcels 4. water quantity testing report meeting the Provincial standards for the retained dwelling 5. water quality testing report for nitrates and bacterÍa content meeting the Provincial standards for the retained dwelling." Deputy Mayor Tøylor noted hìs opposìtion lo decisìons made based on assessment møpping not necessørìIy being conecl CARRIED (d) Memorandum C2OII-03 regarding "Strickland Bulldozing Delegation". File: D09 20tl-t49 Moved by Councillor W Casier Seconded by Deputy Mayor M Taylor "THAT the Staff Memorandum C2011-03 regarding Strickland Delegation be received for information." CARRIED UNANIMOUSLY Page 6 of 13 Minutes of the regular meeting of Council held April 7, 2011.Page 10 of 185 Council Minutes April 07, 2011 201 1-150 Moved by Councillor E Ketchabaw Seconded by Councillor T Southwick "TIIAT Council deems Application for Class B Licence under the Aggregate Resources Act South Gore, Part of Lot 111, Concession SSTR, Part of road allowance between Concession 5 and Concession South Gore, to be in compliance with the Municipal Official Plan and Comprehensive Zoning By-Law." CARRIED UNANMOUSLY (e) SbffReport D2011-13 regarding "Official Plan Amendment No. l0 Modifications". File: D08OPRev08 201 1-15 1 Moved by Councillor E Ketchabaw Seconded by Councillor W Casier "TIIAT StaffReport D2011-13 regarding the Oflicial Plan Amendment No. 10 and Minister of Municipal Affairs and Housing Draft Decision be received; THAT Council accepts the draft modifications as presented in the Draft I)ecision, except for Modifications #10, M2, #44, #45, #47, #50 and #53 ; THAT Council suggests those draft modifications be revised as outlined in the IBI Group Memorandum dated March 3,20l1and considered by the Ministry prior to approval; THAT in addition, the Ministry add a modification to change Section 4.5 to delete the year "20lln AND THAT Council of the Municipality of Bayham request final approval by the Province.tt CARRIED UNANIMOUSLY 7. ROADS. AGRICULTURE & DRAINAGE (a) StaffReport PW20l1-05 regarding "Replacement Box Unit #4". File: V01 20Lt-152 Moved by Councillor W Casier Seconded by Councillor E Ketchabaw "THAT staff be directed to have the Unit #4 dump box welded by Dingle Line Equipment Supply in accordance to the price submitted." CARRIED UNANIMOUSLY Page 7 of 13 Minutes of the regular meeting of Council held April 7, 2011.Page 11 of 185 Council Minutes April07,2011 (b) StaffReport Pw201l-06 regarding "Landscaping Services - 2011". File: L04 201 1-153 Moved by Councillor W Casier Seconded by Councillor E Ketchabaw TTTHAT By-Law 2010444, being a by-Iaw to authorize the extension of an agreement with Wilson Lawn Care and Snow Removal for 2011 Landscaping Services, be presented to Council for enactment." CARRIED UNANIMOUSLY 8. PROPERTY. BUILDING & PROTECTIVE SERVICES (a) Building Permit Report for month ending March 3I,2Oll. File: PlO 20tL-ts4 Moved by Councillor E Ketchabaw Seconded by Councillor W Casier "TIIAT Building Permit report for month ending March 3l,20ll be received for informatÍon.ft CARRIED UNANIMOUSLY (b) Conespondence dated April 6, 2011 from the Lighthouse Gospel Church requesting permission to have a bon-fue on the Port Burwell East Beach Sunday, Apnl24,20ll for an Easter Sunrise Service. File: C13 201 1-155 Moved by Councillor E Ketchabaw Seconded by Deputy Mayor M Taylor "THAT Council approves the use of the Port Burwell East Beach by the Lighthouse Gospel Church for an Easter Sunrise Service with a contained fire on Sunday, April 24r20ll subject to provision of a certificate of insurance naming the municipality as an additional insured, in the amount of $2 million; AND THAT clean up following the service be the responsibÍlity of the members of the Church." CARRIED UNANIMOUSLY (c) Bayham Events Listing Forrn and Event Road Closure Request Form from The Elgin Military Museum regarding "Navy Blues" event. File: R06 Page 8 of 13 Minutes of the regular meeting of Council held April 7, 2011.Page 12 of 185 Council Minutes Apnl07,20Il 20tt-rs6 Moved by Deputy Mayor M Taylor Seconded by Councillor E Ketchabaw ' "THAT Council approves the request submitted by The Etgin Military Museum to hold Navy Blues activities, Saturday, May 14,2011 from 12:00 hrs to 22:00 hrs, including a beer tent, subject to meeting the requirements of the Municipal Alcohol Policy including a minimum of six (Q STP trained personnel and two (2) off-duty Police Officers or equivalent being on site during all hours for which the beer tent is open and those listed on the Outdoor Special Occasion Permit Application, and also subject to: o the applicable municipal building permit, sign and/or tent permits be obtained from the Chief Building Official and the necessary inspections undertaken; . any required permit fees be paid to the Municipality of Bayham, except for a tent; o providing the municipality with certificate of insurance, naming the municipality as an additional insured, in the amount of $2 million to cover all events; ¡ obtaining the necessary approvals from the Ontario Provincial Police and the Bayham Fire Chief, as per completion of the Municipal Event Notice; THAT all other terms and conditions of the municipal rental agreement remain in effect THAT the clean up of the area and any costs thereof, be the responsibility of the organizers THAT arrangements be made with the Manager of Public Works to provide staff for installation of fence and stage assembly and removal; TIIAT the Manager of Public Works makes the necessary arrangements for traffic control and safety; THAT Council approves the temporary closure of Pitt Street, west of Robinson Street and Howard Street from Pitt Street to Robinson Street North for the duration of the event." CARRIED UNANIMOUSLY 9. FINA¡ICE. ADMINISTRATION & PERSO¡{NEL (a) Cheque Register being Cheque #10196 to Cheque #10266 inclusive, totaling S1,118,014.13 and Payroll Disbursements for the period ending March 20,2011 totaling 557,099.45. 20rt-ts7 Moved by Councillor E Ketchabaw Seconded by Councillor T Southwick "TIIAT Cheque Register being Cheque #10196 to Cheque #L0266 Ínclusive, totaling $1,118,014.13 and Payroll I)isbursements for the period ending March 20,2011 totaling $57,099.45 be approved." Page 9 of 13 Minutes of the regular meeting of Council held April 7, 2011.Page 13 of 185 Council Minutes April07,2011 CARRIED UNANIMOUSLY (b) Correspondence from Township of Malahide to County of Elgin regarding "Impact of Fuel Price Increases". File: 416 201 l-158 Moved by Councillor E Ketchabaw Seconded by Deputy Mayor M Taylor "THAT Council request that the County of Elgin recognize the budgetary impact of increased fuel prices and consider enacting an amendment to the terms of its contract with the lower tier municipalities to allow for a fuel surcharge in 2011." CARRIED UNANIMOUSLY (c) Correspondence dated March 24,2011 from Stacy Neville requesting use of Vienna Park. File: C13 20tt-159 Moved by Councillor W Casier Seconded by Councillor E Ketchabaw "THAT permission be granted to Stacy Nevill and l)erek Scott to use the Vienna Memorial Park on Saturda¡ September l0,20ll between 3:00 p.m. and 6:00 p.m. subject to: o provision of proof of liabilify Ínsurance coverage naming the Municipatity of Bayham as an additional insured, Ín the amount of $2 million; and o clean up and repair of any damage to the park area be the responsibility of the organizers.tr CARRIED I.INANIMOUSLY (d) Bayham Community Centres draft minutes of meeting held March 23,2OlI (Item 5 (b) & (d) require Council action), Draft By-Law 2011-030, being a by-law to amend rates and fees and Memorandum C20ll-04 regarding "Purchase of Dishwasher". File: C06 2011-160 Moved by Councillor E Ketchabaw Seconded by Councillor W Casier "TIIAT, as requested by the Bayham Commuity Centres Committee, By-Law 20ll- 030, being a by-law to further amend rates and fees, be presented to Council for enactment.tt CARRIED UNANIMOUSLY Page 10 of 13 Minutes of the regular meeting of Council held April 7, 2011.Page 14 of 185 Council Minutes Apnl07,20II 20It-l6I Moved by Councillor W Casier Seconded by Councillor E Ketchabaw "THAT Council authorizes the purchase of a Fagor dishwasher for the Vienna Community Centre from Del-Bac Sales at a cost of $7132; AI\D THAT the purchase of a pumping system and water softener and installations by Darlington Wiring & Plumbing at a cost of 53,649.97 plus HST be approved." CARRIED UNANIMOUSLY 10. ENVIRONMENT (a) Correspondence dated March 22,20t1 from Ontario Clean WaterAgency regarding "Safe Drinking Water Act, Schedule 22 Summary Report". File: E08 20tt-162 Moved by Councillor T Southwick Seconded by Councillor E Ketchabaw "THAT 2010 Annual Summary Report for the Port Burwell Area Secondary Water Supply System be received for information." CARRIED UNANIMOUSLY (b) Municipality of Bayham Dishibution System Drinking Water System Inspection Report dated January 27,2011. File: E08 20rr-163 Moved by Councillor E Ketchabaw Seconded by Councillor W Casier "TIIAT Municipality of Bayham Distribution System Drinking Water System Inspection Report be received for information." CARRIED UNANIMOUSLY (c) Richmond Community Water Inc. Well Supply Drinking Water Inspection Report dated January 27,2011. File: E08 20rt-164 Moved by Councillor E Ketchabaw Seconded by Councillor T Southwick "THAT Richmond Community Water Inc. Well Suppty Drinking Water Inspection Report be received for information.ff Page 11 of13 Minutes of the regular meeting of Council held April 7, 2011.Page 15 of 185 Council Minutes CARRIED UNANIMOUSLY April07, 2011 11. COMMITTEE OF THE WHOLE (a) In camera. 20tt-165 Moved by Councillor E Ketchabaw Seconded by Councillor T Southwick "THAT the Council do now rise to enter into an "In Camerat' Session of Committee of the Whole at 9:50 p.m. to discuss: o advice that is subject to solicitor-client privilege, including communications necessary for that purpose.tt CARRIED UNANIMOUSLY (b) Closed session minutes of the regular meeting of Council held March 24, 20ll . (c) Verbal Re,port regarding advice that is subject to solicitor-client privilege, including communications necessary for that purpose. (Ojibwa Lease Negotiations) (d) out of camera. 20rt-166 Moved by Councillor T Southwick Seconded by Councillor E Ketchabaw "THAT the Committee of the Whole do now rise from the rrln Cameratt session at 10:05 p.m." CARRIED UNANIMOUSLY 12. BY.LA}VS (a) By-Law 2}ll-028 A By-Law to authorize the renewal of an agreement (Wilson Lawn Carc & Snow Removal) (b) By-Law 2011-030 A By-Law to further amend By-Law 2005-102 (Imposing Rates and Fees) 20tt-r67 Moved by Councillor T Southwick Seconded by Councillor E Ketchabaw "THAT By-Laws 2011-028 and 2011-030 be read a first, second and third time and finally passed.'r CARRIED UNANIMOUSLY Page 12 of 13 Minutes of the regular meeting of Council held April 7, 2011.Page 16 of 185 Council Minutes April07,201l (c) By-Law 2011-031 A By-Law to confirm all actions of Council 201 l-168 Moved by Councillor E Ketchabaw Seconded by Councillor T Southwick "THAT confirming By-Law 2011-031 be read a first, second and third time and finally passed." CARRIED UNANIMOUSLY 13. ADJOURNMENT (a) Adjournment 20tt-169 Moved by Councillor E Ketchabaw Seconded by Councillor T Southwick "THAT the Council meeting be adjourned at 10:06 p.m." CARRIED UNANIMOUSLY MAYOR Page 13 of 13 Minutes of the regular meeting of Council held April 7, 2011.Page 17 of 185 Page 18 of 185 4ôr¡ Honorable mayor and councillors, I'd like to thank you again, Mr. Mayor and Councillor Casier, for taking time to come and see our farm operation. I greatly value your service to our community and your consideration of our issue. As most of you know, some time ãEo,I was approached by the municipality suggesting that the operation I've been working on on my farm is a non-permitted use and required site speciftc zoning. This operation consists of growing corn, wheat, and other grains to be milled on-farm, to make flour, corn tortillas and chips, and wheat tortillas. I met with my lawyer number of times to discuss my operation and the municipality's request. I've done some extensive research and believe the municipality's request is unwarranted. Farmins and Food Production Protection Act states: fnterpretation @) For the purpose of the definition of "agricultural operation", "agricultural, aquacultural, horticultural or silvicultural operation" shall be construed to include, (i) the processing by a farmer of the products produced primarily from the farmer' s agricultural operation; Normal farm practice preserved 6. (1) No municipal by-law applies to restrict a normal farm practice carried on as part of an agricultural operation. 1998, c. 1, s. 6 (1). 7:15 p.m. - John Peters regarding "Value added agriculture uses to a farming operation and the zoning by-law". Page 19 of 185 The Ontario Federation of Agriculturers fact sheet. Ontario Propertv Tax Assessment Issues. states: "W'e define value-added activities as an extension of the farming operation by taking a marketable farm commodity produced on land owned or controlled through rental, lease and/or sharecropping arrangements by the same farmer or farmers and increasing its value by funher preparin g it, and/or storin g it, andlor selling it directly to the consumer. We recommend that if historically at least 5l% of the product is grown and value-added to by the same farmer or farmers and at least 90o/o of the product is grown in Ontario, then the facilities should be subject only to the farm class property taxrate." My lawyer suggested I pick up a new copy of the Zoning Bylaw. I ordered a copy of the Zoning Bylaw of the Municip ality of Bayham No. 2456-2003. When I was in the municipal office to pick it up, I noticed the Municipality promoting "Buy Local, Buy Fresh", a pamphlet, sponsored by Elgin County. A number of local family fanns are advertised, providing fresh baked goods, apple cider, organic stone ground flours, homemade jams & pickles, etc. I know a number of these fanns and was encouraged that the municipality supports these farms without zoning. In a letter from the municipality, they misquoted the Farming and Food Production Protection Act, stating "The extent of permissible processing is "Iimited" to sawing, cleaning, 1'r.eating, grading, and packaging." This is simply not true. The FFPPA simply states that processing "includes" sawing, cleaning, treating, grading, and packaging but does not in any way suggest that it limited to these few activities. It is a nonnal farm practice for farmers to use many different processes, for example: steaming, pressing cider, cooking maple syrup, roasting soybeans, mixing feed, de-stemming grapes & fruit, crushing, waxing fruit, milling, etc., etc. just to list a few. To limit processing to 7:15 p.m. - John Peters regarding "Value added agriculture uses to a farming operation and the zoning by-law". Page 20 of 185 the few items listed by the municipality is to abolish the family farm and only allow large-scale cash-cropping. I believe the BayhamZoning Bylaw allows for the diversified family farm. I beg you to consider the following from the Bayham Zoning Bylaw. Page 5-1 AGRICULTURAL ZONE REGULATIONS 5.1 Permitted Uses: Agricultural Use; Agricultural Home Occupation; These are the first two listed. In the bylaw, page 2-2 states the definition of agricultural use: 2.9 AGRICULTURAL USE shall mean the cultivation of land, the production of crops, the breeding, raising, and care of livestock and the selling of such crops / livestock or the product of such crops / livestock raised on the premises, and without limiting the generality of the foregoing includes animal husbandry, and the raising and harvesting of field, bush, tobacco, tree or vine crops, truck gardening, nurseries, greenhouses, mushroom farming, and sod farming including the related sights, sounds, smells, and noises. Page 2-II 2.111 HOME OCCUPATION. AGRICULTURAL shall mean an occupation for gain or support, associated with an agricultr¡ral use, or a 7:15 p.m. - John Peters regarding "Value added agriculture uses to a farming operation and the zoning by-law". Page 21 of 185 residential use, which seryes agricultural uses and which is conducted by only persons residing on the premises. Page 4-4 4.6 AGRICULTURAL HOME OCCUPATIONS c) Agricultural home occupations shall include only a carpenter shop, a welding shop, a machine shop, a small tool repair shop, and home craft operations such as pottery or a weaving operation. Municipal staff suggested to me that the only home craft operations permitted were pottery and weaving. V/ere that the case, I think you just eliminated all home craft operations, as pottery and weaving are not very popular. 'We believe the words "such as" suggest many other home craft operations. In our opinion, the Zoning Bylaw of the Municip ality of Bayham does indeed recognize the "processing by a farmer of the products produced primarily from the farmer's agriculfural operation" as a permitted use. Any small portion of our operation, that any might suggest is not part of an agricultural operation, should most certainly be considered a home craft operation "associated with an agricultural use" - a petmitted use, under . The Municipality obviously did not have an accurate or complete report of our operation. Thank you again for your personal observation of our project. 'We'd really appreciate your help in clearing up this matter. John Peters 519-866-5185 7:15 p.m. - John Peters regarding "Value added agriculture uses to a farming operation and the zoning by-law". Page 22 of 185 Page I of 1 Kyle Kruger From: MarcCerna [cern_oldskool@hotmail.com] Sent: April 17, 20117:01PM To: Kyle Kruger Subject: Outback Camping Complaint Dear Mr. Kruger, My name is Marc Cerna and I am a resident of rural Bayham. I live in the vicinity of an infamous place known as Outback Camping (formally known as Country Camping) which has caused my parents, the other residents and I trouble through out the years. I have lived in this area my entire life and whenever Outback Camping has their festivities, it brings trouble to us all. Although I am an individual that fits into the age category of the people who would attend Outback Camping, I do not find it necessary for an exemption to the noise by-law in our area. Even though we live 2 kilometers awat¡ with all the windows shut and the house fan on, we constantly hear the booming of the bass and it keeps my family and our farm animals awake all night. The language is often inappropriate and we have children living around here as well. Because of the exemption, we also have traffic through out the night as well as bottle tossing, and speed racing. I thank you for reading my e-mail, and I hope for this to be read to the council as a reason to not give Outback Camping a noise by-law exemption. Marc Cerna t810412011 7:25 p.m. - Marc Cerna regarding "Outback Camping Application for exemption from Noise By-Law". Page 23 of 185 Page 24 of 185 Page 1 of1 Kyle Kruger From: Helene Cerna [hcerna@amtelecom.net] Sent: April 17, 2011 6:49 PM To: Kyle Kruger Subject: Outback camping re: exemption of noise by-law DearMr.K Kruger, lwouldliketospeakonbehalfofthisexemptionasaneighboraffectedbythe noise. Please add me to the agenda and let me know the time and date. We have lived in this area for 24 years. We are disgusted by the thought of th¡s exemption as it affects both the residents and the animals(pets and wildlife) in the area. Not only the noise and the inappropriate language used over the speakers but the racing traffic it brings with it and the bottles and garbage that is thrown out the windows. Please let me know asap as I am quite busy but am willing to make changes to my schedule.\ Thank you for your time, Helene Cerna PS. By signing a petition, who will see it and is it made public? t8104120t1 7:30 p.m. - Helene Cerna regarding "Outback Camping Application for exemption from Noise By-Law". Page 25 of 185 Page 26 of 185 5 iJor Subjecft AMO breaking news re AMO suppofts accessible communities TO THE IMMEDIATE ATTENTION OF THE CLERK AND COUNCIL April 1 4,2011 AMO Supports Accessible Communities Municipalities have traditionally been at the forefront of efforts to create more accessible communities for all their residents. The Ontario government was committed to a new Accessibilíty for Ontarians with Disabilitíes Act (AODA) and stakeholders, including AMO contributed to it. The Act requires various regulations and work is progressing. The Province, on March 18 concluded its consultation on the proposed lntegrated Accessibility Regulation (lAR) which deals with transportation, information and communications and employment. Submissions on the draft regulation now rest with the Minister to consider. We expect the final approved regulation will be issued this spring. The final public review of the built environment regulation has not as yet occurred. AMO's contribution to the draft IAR focused on obtaining clarification on some of its requirements as well as timing and the municipal context for implementation. Our objective is to support accessibility. In terms of the broader context, AMO notes that in addition to achieving accessibility, municipalities must provide reliable emergency services, safe roads and bridges, safe drinking water, effective sewage treatment, comprehensive waste management programs and public transit among other services. They must also provide a better quality of life by promoting economic development, recreation and cultural initiatives. Most of the services have regulated performance standards as well, and are required priorities, but unfortunately, resources are not unlimited. Municipal decision-making is multi-dimensional- councils must consider competing priorities. lt is within this broader context that municipal governments will continue to work with its communities to advance accessibility in ways that are practical, achievable and affordable. It will be important for governments, including the province, and others to work together on guidelines, training information and share practices to create efficiencies. Correspondence dated April 14, 2011 from Association of Municipalities of Ontario regarding "AMO Supports Accessible Page 27 of 185 AMO'S ADVICE to the Province on the IAR: Timelines need to be fair and flexible. Above all, it needs to be recognized that municipal governments across Ontario are different when it comes to size, resources and planning processes. AMO bêlieves thât timelines wíthin the regulation for compliance should be bãsed on the following considerations: o the reality of municipal business planning cycles; and . the varied human and fiscal resources of municipalities across the province. Given their more limited sources of revenue and in some parts of Ontario, a re I ative ly g reater frag i I e fi n a n c i a I pos iti o n, m u n i c i p a I g overn me nts compliance should be allowed to draw upon the experience of the Ontario Government. AMO believes that emergency information policies and procedures should be required in 2012 as cunently proposed. Full compliance of other programs and services for municipal governments should be required no later than two years after the Ontario government requires compliance for its own programs and services. Leaming from the Province's experience and then apply those lessons more efficiently, more cost-effectively and more successfully across the broader public sector. AMO supports the transit industries recommendations identified in the joint Ontario Public Transit Association/Canada Urban Transit Association submission. There is concern with the cost implications and impacts of the transportation standards within the IAR will be significant, according to feedback from transit- based members. Current estimates for some smaller transit systems suggest that annual operating costs could increase by 50%. These costs could lead to higher fares, cuts to services and increased property taxes, and they could be significant enough to disadvantage entire communities. Some of the requirements expected to impact transit providers, include fare parity, hours of service and eligibility criteria for specialized services. AMO supports the expectation of affordable and reasonable fares as well as access to services. However, the expectation of public transit providers and non-profits to additionally subsidize and operate services in an already chronically underfunded environment is going to be a significant challenge. The requirements, in fact may act as a disincentive for areas considering developing a transit service. Correspondence dated April 14, 2011 from Association of Municipalities of Ontario regarding "AMO Supports Accessible Page 28 of 185 The amount of funding for transit under the Provincial Gas Tax is reliant on growth in ridership. Without increases in ridership and transit expansion, the yearly funding could be reduced. Transit expansion to serve all ridership has already been compromised by the elimination of the Ontario Bus Replacement program. Additionally, Development Charges Act limits amount for transit. AMO continuestoÌositfonthãlf nncf -nghelp implement these important expectations. The information and communication standards. It is unreasonable to assume that all municipalities have the resources and capacity to implement the highly technicalWeb Content Accessibility Guideline 2.0. lmplementation with the appropriate time and resources could be hampered. This is an area that would benefit from sharing of experiences and other means to achieve efficiency. There is still a need to clarify a number of the proposed definitions in the reg u lation and desired expectations. Tenns, such as "suitable accommodation" is an example of a definition that needs to be clarified. Regulations should provide for clear direction and outcomes. Compliance and enforcement should be informed by clear standards and definitions that are consistent across the legislation's regulatory framework. Achieving Accessibility Outcomes: ln addition to the societal value, human rights and dignity, there is no doubt an economic benefit results from increased sales or employment taxes, and tourism for example. However, the majority of that revenue will go to the federal and provincial governments, in keeping with how the tax dollar is currently used. Together, the federal and provincial government receive the bulk of that tax dollar. Municipalities receive only 10 cents of each tax dollar. That dime must fund a wealth of services and their concomitant service standards, which are most often set by the other orders of government. Seemingly, small increases in costs can have significant impacts on local budgets and therefore property taxes, which in turn can require discretionary services to be eliminated or reduced, impacting the entire community including the accessible community. This would be an unintended consequence of the Act's standards and all stakeholders have an interest in avoiding it. Correspondence dated April 14, 2011 from Association of Municipalities of Ontario regarding "AMO Supports Accessible Page 29 of 185 ln order to help manage the anticipated investments to implement the new standards, appropriate time to plan for this spending is needed. Municipalities can better manage the implementation of the proposed changes by working within their normal business and budgeting cycles. ln summary, accessibility is a common goal. lt is in the best interest of communities to not create new barriers and to remove baniers for people with disabilities and to improve the quality of life of all residents. More detailed information about AMO's work in this area is available within the Policy section of our website: www.amo.on.ca. AMO Contact: Petra Wolfbeiss, Senior Policy Advisor, email: pwolfbeiss@amo.on.ca, (416) 971-9856 ext. 329 PLEASE NOTE AMO Breaking News will be broadcast to the member municipality's council, administrator and clerk. Recipients of the AMO broadcasts are free to redistribute the AMO broadcasts to other municipal staff as required. We have decided to not add other staff to these broadcast lists in order to ensure accuracy and efficiency in the management of our various broadcast lists. DISCLAIMER These are finalversions of AMO documents. AMO assumes no responsibility for any discrepancies that may have been transmitted with the electronic version. The printed versions of the documents stand as the official record. Correspondence dated April 14, 2011 from Association of Municipalities of Ontario regarding "AMO Supports Accessible Page 30 of 185 S Ð ll- LONG POINT REGION CONSERVATION AUTHORITY BOARD OF DIRECTORS - MINUTES ANNUAL GENERAL MEETING - FEBRUARY 25, 2011 (as approved at the Board of Directors Meeting held April6, 2011) Members in attendance: D. Beres, R. Chambers, B. Chanyi, M. Columbus, R. Geysens, E. Ketchabaw and R. Sackrider. Staff in attendance: C. Evanitski, D. Holmes, J. Robertson, H. Surette, J. Maxwell, B. Bravener, J. De Backere, E. Lai, P. Gagnon, C. Jones, G. Van Louwe, C. Jacques, D. Thain, J. Miller, B. Hodi, J. Wilson, A. Anderson and D. Mclachlan. Guests: S. Baker, KPMG Regrets: L. Bartlett, C. Grice, and D. Travale. The LPRCA Chair called the meeting to order at 1 :35 pm Friday, February 25ft.,2011 in the LPRCA Boardroom. WELCOME Chairman, R. Sackrider welcomed everyone to the Long Point Region Conservation Authority's 2011 Annual General Meeting. DISCLOSURES OF INTEREST None recorded. ADDITIONAL AGENDA ITEMS None recorded. MINUTES OF PREVIOUS MEETINGS MOTION A-30 moved: B. Chanyi seconded: M. Columbus THAT the minutes of the LPRCA Board of Directors Budget regular meeting held January 1y'h, 2Ol l, and the special conference catl hetd February dn, 2011 be adopted as circulated. CARRIED INTRODUCTIONS The municipal and provincial partners were introduced as were the guests from neighbouring conseruation authorities. Don Pearson, General Manager, Conservation Ontario brought gieetings and spoke of the many organizations that are noting the importance of conservation authorities. FULL AUTHORITY COMMITTEE MEMBERS Leroy Bartlett, Dave Beres, Robert Chambers, Betty Chanyi, Michael Columbus Roger Geysens, Craig Grice, Ed Ketchabaw, Ron Sackrider, Dennis Travale -1- Long Point Region Conservation Authority minutes of meeting held February 25, 2011. Page 31 of 185 NEW BUSINESS a) CALENDAR REVTEW The Board Members were reminded that there will be no meeting in March. There will be a meeting of Municipal Flood Coordinators March 9th at the lÞnCn office. The BAB meeting haJbeen confirmed for Wednesday, March 2g'd,2011 at 4:30pm at the Education Centre. MOTION A-31 moved by: R. Chambers seconded: D. Beres That the LPRCA Board of Directors receives the March Calendar Review Repoft as information. CARRIED b) DEVELOPMENT APPLTCATTONS The Planning Department requested approval for one application. No questions. MOTION A-32 moved by: R. Chambers seconded: E. Ketchabaw That the Board of Directors of the LPRCA approves the following Development Applications: A. For Work under Section 28 Regulations, Development, lnþrterence with Wetlands & Alterations to Shorelines and Watercourses Regulations (R.R.O. 1990 Reg. 178/06); HC-6/11 B. That the designated officers of LPRCA be authorized to complete the approval process for these Development Applications, as far as it relates to LPRCA's mandate and related Regulations. CARRIED c) FIVE-YEAR OPERATING PLAN The Field Superintendent reviewed the five-year plan for silviculture operations. No questions. MOTION A-33 moved by: M. Columbus seconded: R. Chambers That the LPRCA Board of Directors approves the S-year Forest Management Operating Plan for the period covering 2010/201 1 to 2014/201 5. CARRIED FULL AUTHORITY COMMITTEE MEMBERS Leroy Bartlett, Dave Beres, Robert Chambers, Betty Chanyi, Michael Columbus Roger Geysens, Craig Grice, Ed Ketchabaw, Ron Sackrider, Dennis Travale -2- Long Point Region Conservation Authority minutes of meeting held February 25, 2011. Page 32 of 185 d) EcoLoGrcAL suRvEY oF SELECTED LPRCA PROPERTTES FOR 2010t2011 SILVICUTURAL OPERATIONS The Forestry Department commissions ecological surveys prior to completing silvicultural work on LPRCA properties to avoid impacting sensitive species. This surve)¿ was completed in the Brant, Swick-King, Parson-Vanderhaeghe, Rugienis and Sowden tracts. Recommendations in the report will be implemented with modification to the dry-fresh mixed oak deciduous compartment at the Swick-King tract. Board Members were impressed with the diversity of tree species. The Chair noted that forest management is a sustainable system like any other crop. MOT¡ON A-34 moved by: R. Chambers seconded: D. Beres That the LPRCA Board of Directors approves the recommendations contained in the report submitted by Ecoplans Limited titled "Location of Provincially Rare P(ants and Vegetation Types in Selected Forest Tracts Operating Plan 2010/2011" with the exception; That modified forest management activities be undertaken in the Dry-Fresh Mixed Oak Deciduous Compartment at the Swick-King Tract. CARRIED e) FOREST MANAGEMENT PRESCRIPTIONS/OPERATING PLANS These documents are given to the work crews and are taken with them into the woodlot for reference. MOTION A-35 moved by: R. Chambers seconded: M. Columbus That the LPRCA Board of Directors approves the prescription/operating plans for both the Rugienis and Sowden tracts. CARRIED Ð TRUCK AND VAN TENDER Ads had been placed in local papers advertising for one new 1/zton pickup truck and one new 7-passenger van. No tenders were received for a van and will be re-advertised next week. The cost of a pickup truck came in less than the purchase price of the last two years. MOTION A-36 moved by: M. Columbus seconded: E. Ketchabaw That the LPRCA Board of Directors accept the tender submitted by Aitken Motors Ltd. for the purchase of one new 1/zton pick-up truck for a total submitted price of $18,121.64 including all applicable taxes. CARRIED FULL AUTHORITY COMMITTEE MEMBERS Leroy Bartlett, Dave Beres, Robert Chambers, Betty Chanyi, Michael Golumbus Roger Geysens, Craig Grice, Ed Ketchabaw, Ron Sackrider, Dennis Travale -3- Long Point Region Conservation Authority minutes of meeting held February 25, 2011. Page 33 of 185 g) NOTTCE OF FORMAL MOTTONS MOTION A-37 moved by: E. Ketchabaw seconded: B. Chanyi That the LPRCA Board of Directors authorizes the Chairman or Vice-Chairman and the General Manager/Secretary-Treasurer or Manager of Corporate Seruices to borrow funds as required for the day-to-day operations of the Authority. CARRIED MOTION A-38 moved by: M. Columbus seconded: R. Chambers That the LPRCA Board of Directors approves the Chair, Vice-Chair, General Manager and Manager of Corporate Seruices as designated signing officers for Authority business for the year 201 1. CARRIED MOTION A-39 moved by: E. Ketchabaw seconded: M. Columbus That the LRPCA Board of Directors, pursuant to Section 26 (2) and 27 effi) of The Conseruation Authorities Act RSO 1990, Chapter 27, designate all Member Municipalities as Benefiting Municipalities for the Administration, Capital and Operations Cosfs in the same proportion that the current value assessrnent of the whole Municipality or part thereof bears to the total assessment of the whole area under the jurisdiction of the Authority. CARRIED MOTION A-40 moved by: M. Columbus seconded: R. Chambers That the LPRCA Board of Directors authorizes all members appointed to the Lee Brown Committee from the Community at Large be deemed to be Authority members forthe purpose of receiving remuneration for their seruices on the same basis as regular members of the Authority for 2011. CARRIED MOTION A-41 moved by: M. Columbus seconded: E. Ketchabaw That the LPRCA Board of Directors designates the Authority Chairman as the Authority's representative to Conseruation Ontario (CO), with the Vice-Chairman designated as alternate, and further that the General Manager be directed to participate on appropriate committees of CO, and be authorized to vote in the absence of the d esi g n ated re p re se ntative s. CARRIED FULL AUTHORITY COMMITTEE MEMBERS Leroy Bartlett, Dave Beres, Robert Chambers, Betty Chanyi, Michael Columbus Roger Geysens, Craig Grice, Ed Ketchabaw, Ron Sackrider, Dennis Travale -4- Long Point Region Conservation Authority minutes of meeting held February 25, 2011. Page 34 of 185 AUDIT COMMITTEE R. Sackrider introduced D. Beres, Chair of the Audit Committee. MOTION 442 moved by: E. Ketchabaw seconded: R. Sackrider THAT the minutes of the LPRCA Audit Committee's meeting held February l/h, 2010 be adopted as circulated. CARRIED S. Baker, Manager of Audit Services from KPMG, was introduced. D. Beres noted that the Audit Committee met Febru ary 17th,2011 and received a clean audit report from KPMG. MOTION 443 moved by: B. Chanyi seconded: R. Sackrider THAT the draft minutes of the LPRCA Audit Committee's meeting hetd February 1/n, 2011 be adopted as circulated. CARR¡ED MOTION A44 moved by: R. Chambers seconded: M. Columbus THAT the LPRCA Board of Directors approves the financial statements for the year ended December 31, 2010 prepared by KPMG, LLP, Chartered Accountants. CARRIED MOTION 445 moved by: R. Chambers seconded: E. Ketchabaw THAT the LPRCA Board of Directors approves the appointment of KPMG, LLP, Chartered Accountants as LPRCA's auditors for the 2011 fiscal period as per the S-year proposal of September dh, 2008. CARRIED 2O1O COMMITTEE REPORTS a) 2010ANNUALREPORT The 2010 annual report was presented by the GM with thanks to J. Robertson and all staff for their input and participation in the many events throughout the year. b) LEE BROWN MARSH MANAGEMENT COMMTTTEE Chair, Tom Haskett reviewed the activities of the Committee overthe past year noting the concerns regarding phragmites in the Marsh. He honoured past LBMMC Chair Grant FULL AUTHORITY COMMITTEE MEMBERS Leroy Bartlett, Dave Beres, Robert Chambers, Betty Chanyi, Michael Columbus Roger Geysens, Craig Grice, Ed Ketchabaw, Ron Sackrider, Dennis Travale -5- Long Point Region Conservation Authority minutes of meeting held February 25, 2011. Page 35 of 185 Smith who passed away in 2010 and welcomed Grant's son Barry as the new LBMMC Board Member. c) BACKUS ADVISORY BOARD Chair, R. Yantho explained how he became involved with the BAB approximately 10 years ago thanks to LPRCA Past Chair D. Van Londersele. He stressed thatthe BAB's success is due to the many hardworking participants, such as, B. Antoszek and BHCA Area Director N. DeSerranno. He detailed the many activities and fundraising events they organize and participate in. The BAB raised $6100 in 2010 and invited all to review the calendar of events and support the 2011 initiatives. MOTION A-46 moved by: R. Chambers seconded: B. Chanyi THAT the LPRCA Board of Directors receives the 2010 Annual Report, the Lee Brown Marsh Management Committee report and the Backus Advisory Board report for information. CARRIED KEYNOTE SPEAKER C. Evanitski introduced Eleanor Wood, Motivatíonal Speaker. She combined humour with seriousness to present her take on life in general and then related it to the environment, LPRCA and what everyone can do to contribute to the world we live in. We need to ask ourselves "Do we do any better?" The Chairman adjourned the meeting al2:45pm and invited everyone to enjoy the refreshments. Ron Sackrider Chairman Dana Mclachlan Adm inistrative Assistant FULL AUTHORITY COMMITTEE MEMBERS Leroy Barllett, Dave Beres, Robert Chambers, Betty Chanyi, Michael Columbus Roger Geysens, Craig Grice, Ed Ketchabaw, Ron Sackrider, Dennis Travale -6- Long Point Region Conservation Authority minutes of meeting held February 25, 2011. Page 36 of 185 Bayham Harbourfront Gommittee ( rl 6 MINUTES Held at Municipal Office, 9344 Plank Road, Straffordville, Ont. February 23,2011 7:00 pm Present: Brenda Martin, Ron Flick, Ray Talbot, Barry Wade, Doug Lester, Craig Gregson, Mark Taylor, Lynn Acre. Ed Bradfield, Kyle Kruger, Glen Underwood, Alan Montgomery,Ian Raven, Rick Morgan, Carol, Dave McAdam, Earl Shea. Regrets: Ron Bradfield 1. Call to Order: The Chairman called the meeting to order at 7:05 pm. 2. Disclosure of Pecuniary Interest None 3. Approval of the Minutes It was moved by Lynn Acre and seconded by Craig Gregson that the minutes 4. Dredging: DREDGE QUOTES: A written quote from IMS in Kansas shows $569,619.00 to purchase a new suction dredge plus $11,800 for shipping. (US dollars). A written quote from Consolidated Giroux Inc. determined that $400,000 plus extras would be needed to lease their suction dredge. From the information gathered so far, this quote seems to be reasonable. However there still remain many unans\Mered questions regarding any "extra" charges. It is assumed that the Ministry will prefer a "close-to-shore" in-lake disposal so the natural currents can take it away. It is apparent to this committee that it is more fiscally responsible to purchase our own suction dredge based on the quoted amounts. Since the harbour bottom is always shifting and moving, we need flexibility and availability. The dredge could also generate revenue for the Municipality in20l2 and beyond by leasing its'services to other area harbours. It was noted that every harbour/port on Lake Erie's north shore had the same siltation problems, and yet nobody has a suction dredge for lease. The dredge needs to be purchased by April to allow for delivery, training & certification of operators, testing and actual dredging. K.Kruger reminded the committee that our plans rely on approvals from the Ministry for tþis dredging. He advised that a firm financial commitment from Council would be needed prior to MOE reviewing our proposal. It was moved by Ray Talbot and seconded by Doug Lester that the Bayham Harbourfront Committee recommends to Bayham Council that they purchase a suction dredge rather than leasing:an outside company. Motion Carried. Glen, Earl, Barry and Doug agreed to meet onFeb.27 to complete a full cost business plan for Bayham. Bayham Harbourfront Committee minutes of meeting held February 23, 2011. Page 37 of 185 2 Grants Worþroup Update: Glen has identified the following potential sources of funding: Various Foundations, Municipality of Bayham, Fundraising Eforts, Contributionsfrom Small Businesses, Elgin County's Tourísm Grant, Rural Economic Development Grant, Trillium Grant: @ayham Council's approval is needed before an application for our Cabana project is submitted), Sand Plains Grant (Project Ojibwa has submitted an application and things look promising), Sand Plains Loan: (Project Ojibwa has been approved a loan of $150,000 for "soft services".) Pier Engineering Analysis: members have studied Copies of CJDL's report. After some initial discussion, it was decided to prioritize sections of the pier for remediation using funds as available. Since there is currently approximately $66,000 in reserves for pier remediation, it was felt that resurfacing the southem-most tip was the most urgent. Concrete overlay, rather than asphalt resurfacing is the committee's option of choice. 7. Other Business: Project Ojíbwø Update: Alan Montgomery and Ian Raven introduced Rick Morgan, the professional fundraiser, who shared plans for an annual 'Î.[avy Blues Festl'to be held on the Saturday following Friday the 13tr. This year that will fall during May. Advertising will be closely linked to the Port Dover event. The Blues Fest will be held this year on the actual site, from 2:00 pm till l0 pm. There will be 6 bands- some local, some famous. They need help arranging for staging, parking and volunteers. Ian Raven reported that the Contribution Agreement from CAF was received onFeb.22 and will be reviewed by legal advisors prior to signing and returning by March 1. There is an important meeting scheduled on Mon. March 14 with the Navy to finalize plans for the move. Both the Okanogan and the Olympus, sister boats to Ojibwa, are scheduled for the scrap yard on Ma¡ch 31.We were allowed to salvage any equipment we wanted from them already. Kyle Kruger reported that the lease documents for the land is underway. 8. Adjournment & Next Meeting Date: It was moved by Ray Talbot and seconded by Craig Gregson that we adjourn at 8:35 pm to reconvene on Tuesday April 12. 2011 at 7:00 pm at the Municipal ofüce. Motion Carried. Chairperson Secretary Bayham Harbourfront Committee minutes of meeting held February 23, 2011. Page 38 of 185 t:J (oL BAYHAM HISTORICAL SOCIETY MT]NICIPALITY OF BAYHAM P.O. BOX 160, STRAFFORDVTLLE, ON. NOJ 1Y0 March 10,2011. PRESENT: Robert & Jeanette Heil, Cheryl Peters, Mary E Newland, Arvilla Beckett, Hanis Teall, Bob Graharn, Barb Ouellette, Corky Ouellette, Ray Maddox, Marion Maddox, Dorothy Godby, and Sandra Sage. President Ray Maddox called the meeting to order at7:3l,welcoming members and guests. Amotion to accept the minutes of February 10, 2010 was made by Bob Graham, 2*. by Sandra Sage Motion carried. GUEST SPEAKER: Our Guest speakerhad to cancel due to illness in his family. PRESIDENT'S REPORT & MUSEUMS BAYHAM REPORT: Ray reported that Steven Duff\üill speak at the Port Bt¡rwell Trinity Hall on March 19 and Chuck Buchanan still has a few tickets left they cost $5.00 each and light refreshments will be served. CEMETERY REPORT: Ray Maddox Ray spoke of the Pioneer Cemetery Group and how they are waiting to see if a kind of cement for grave stone repair will hold over the winter, some stones have been repaired with it in 2010. SECRETARYTS REPORT: Cheryl Peters reported on the EON Meeting held at the Municipalþ of Bayham Ofüce on March 3,2011. There were 20 members who attended and for those who do not know EON stands for Elgin, Oxford and Norfolk and all the Museums in this area meet to help each other and keep all of them updated on current museum events. It was noted that 10,000 people went thnough the Antiques and History Tent at the International Plowing Match in St. Thomas and in all it lvas a very successful event. BARN QUILT PROJECL Mike Baker told us how the bam quilt project has been in place in the United States vrith 2000 quilt blocks n24 states it is a great success and a cross border campaign to join all of the quilts together would be a win win situation. We would need a person in each area to co-ordinate each project, perhaps a retired teacher would like to help out. This is the second large project involving EON the frst being the IPM which rilas a huge success. Each barn quilt sign would be I foot by I foot and would be placed on barns, businesses or can be free standing. Each one would need a site host and a spoûsor to donate the $760. panel and perhaps local artists can be asked to donate some free time painting a block. Each community would choose their design to enhance their history and a brochure would be printed to tell the story in quilt blocks for tourists to follow. Some examples are Black History Wa¡ Veterans, Lighthouses, Marine history railroad history or even the inventions of Thomas Edison. Each block would last about 5 years before needing to be repainted and by then we would know if it was a successful in bringing in tor.¡rists. Tourist interest even at government levels have been arnazing and Sand Plains have preapproved a $200,00. grÐt, Mike Baker will get the Grant Bayham Historical Society minutes of meeting held March 10, 2011. Page 39 of 185 forms ready and submit them by the March 3l deadline. A tentative vote was made to start with 20 quilt blocks if the grant is app[roved and all were in favor. fillsonburg will have a Tunle Fest staring Franklin the Turtle and green waffles and a sausage breakfast will be served. There will be a calendar of events on the EON web site. OJIBWA-It was reported that the folks at the St. Lawrence Seaway called Ian Raven and asked about the Ojibwa moving and he assured them that it would be on a barge. They are working 7 days a week while waiting for the spring thaw and while it is waiting the sub that is to be scrapped has had many things removed and a¡e now installed on the Ojibwa. It's sister ship the Olympus has 36 inch hatches and the Ojibwa has 42 inches so there will be more room to move through the sub. It is hoped that a Navy Blues Fest can be set up in Port Burwell to help with firnd raising and tourism. Cheryl noted that there will be a public meeting on the Ojibwa held in the Vienna Community Center on March 30. It was noted that theAylmner town council will no longer support the Aylmer Museum, EON will send a letter of support to Pat Zimmer. The insu¡ance invoice is in and Cheryl will go to The offrce of Taylor Insurance and pay it. Port Br.¡rwell Historical Society donated the book "Treasured Times" to the Bayharn Historicd Society. Cheryl told members that we had received a cheque from the Municipatity from the Volunteer appreciationNight and she will send a letter of thanks. Chery! also noted drat she had heard ûom Canada Summer Jobs end they said they had had a great Ceal of Grant request and offered us a reduction oftime to 5 weeks. Cheryl accepted and nowwe will move on to the next phase of the Grant. TREASURERS REPORT: Robert Heil reported as follows. Opening balance.......................... $ February Closing balance............$4899.4 I BusinessAccount.... .. $ 128.84 Sha¡eAccount............ $ 70.00 Petty Cash ................. $ 1.09 A motion to accept the treasurers report was made by Robert Heil 2nd. By Bob Graham. Motion ca¡ried. Robert gave us a report on computers and a Motion was made Arvilla Beckett to give Robert $2000.00 to buy anew computer and asséssors,2od. By Sandra Sage. Motion carried. PROGRAM DIRECTOR: Jim Mc Callum will be ou speaker for April. He will speak on "The Soldiers of Elgin County". He has written two books on this subject. REFRESHMENTS Bob Graham and Etoile Mc Cann will provide refreshments for owApril meeting. Bayham Historical Society minutes of meeting held March 10, 2011. Page 40 of 185 ADVERTISING DIRECTOR: Dorothy Godby Reported that our minutes were in the Tillsonbwg papef. MYSTERY OBJECT: Harris Teall brought a Rolls Razor with the last patten marked 1926. Mary Newland and Cheryl Peters guessed the object. IttEXT MEETING: April 10, 20ll at7:30 atthe Municipality of Bayham Offrce in Council chambers. MOTION TO CLOSE TIIE MEETING: Made Cotky Ouellette and seconded by Bob Graham. Motion carried. Date Secretary President Bayham Historical Society minutes of meeting held March 10, 2011. Page 41 of 185 Bayham Historical Society minutes of meeting held March 10, 2011. Page 42 of 185 -DRINKING WATER SıtiRëÈ LAKE ERIE REGION SOURCE PROTECTION COMMITTEE MEETING MINUTES Thursday, March 3,2011 The following are the minutes of the Lake Erie Region Source Protection Committee meeting held on Thursday, March 3, 2011 at the Grand River Conservation AuthoriÇ Administration Centre,400 Clyde Road, Gambridge, ON. Members Present: C. Ashbaugh, Chair; P. General, *M. Goldberg, R. Haggart, J. Hanison, K. Hunsberger, B. Johnson, R. Krueger, *J. Laird,l. Macdonald, D. Munay, D. Parker, L. Penin, *T. Schmidt, R. Seibel, B. Ungar, *D. Woolcott, M. Wales, P. Wilson, W. Wright- Cascaden Members Regrets: M. Geschi-Smith, H. Comwell, A. Henry, B. LaForme, J. Oliver Proxy Representatives: B. Fields (J. Oliver), D. Goudreau (H. Comwell); K. Hagan (M. Ceschi-Smith), L. Perrin (4. Henry) Liaisons:L. Ross, Provincial Liaison; J. Mitchell, Source Protection Authority Liaison Region Management C. Evanitski, LPRCA; J. Farwell, GRCA; R. Sackrider, LPRGA;Committee: K. Smale, CCCA; E. VanHooren, LPRCA Also Present: S. Brocklebank, GRCA; A. Davidson, County of Brant; J. Etienne, GRCA; C. Jacques, LPRCA; M. Keller, GRCA; T. Ryan, GRCA; D. Schultz, GRCA; T. Seguin, GRCA; S. Shiffleü, GRCA; M. Silverio, City of Hamilton; L. Stafford, City of St. Thomas; E. Stahl, GRCA; S. Sutherland, GRCA; G. Zwiers, GRCA R. O'Flanagan, Guelph Mercury 1. Gall to Order C. Ashbaugh called the meeting to order at 1:00 p.m. 2. Roll Call and Certification of Quorum - 17 Members Constitute a Quorum (2ß of members) The Recording Secretary called the rolland certified quorum. Lake Erie Region Source Protection Committee minutes of meeting held March 3, 2011. Page 43 of 185 Minutes of Meeting Lake Erie Region Source Protection Committee March 3,2011 Page 2 3. Ghairman's Remarks C. Ashbaugh welcomed members, staff and guests and noted the following: o He recently attended the Annual General Meetings for Catfish Creek Conservation Authority and Long Point Region Conservation Authority and noted that it is rewarding to receive the annual reports from the conservation authorities, which provides a summary of the good work they do. * M. Goldberg joined the meeting at 1:03 pm. * D. Woolcott joined the meeting at 1:04 pm. . Councillor Bob Johnson was selected by Six Nations of the Grand River as their new representative on the Lake Erie Region Source Protection Committee. C. Ashbaugh welcomed B. Johnson and provided an overview of his background and experience. * J. Laird joined the meeting at 1:05 pm. . Jane Mitchell was elected Ghair of the Grand River Conservation Authority and Joe Farwell is the new CAO of the Grand River Conservation Authority. C. Ashbaugh introduced and welcomed Jane Mitchell and Joe Farwell and provided an overview of their background and experience. * T. Schmidt joined the meeting at 1:06 pm. . Charlie Munay is the new Chair for the Kettle Creek Conservation Authority. Although he was unable to attend, C. Ashbaugh welcomed him to the Lake Erie Region Management Committee. E. VanHooren provided an overview of C. Murray's background and experience. . Ron Sackrider, who was previously on the Region Management Committee, is once again Chair of the Long Point Region Conservation Authority and has returned to the Region Management Committee. C. Ashbaugh welcomed R. Sackrider. o fi workshop regarding the discussion papers for septic systems was held on February 23. A total of 28 people attended the round table discussions. There was excellent representation, including people with hands on experience, which brought numerous perspectives to the discussion. M. Keller provided an update on the Source Protection Planning process and discussion paper workshops, noting that the workbooks will be provided to the Source Protection Committee members. The discussion paper process will begin with a draft discussion paper, which will then be refined and revised based on the workshops. The discussion papers will then be brought to the team leads, the project team, and then water services and planning directors staff for input and refìnement before being presented to the Source Protection Committee. M. Keller provided an overview of the timeline of the source protection planning process. There will be public information sessions in the spring, which will focus on providing Lake Erie Region Source Protection Committee minutes of meeting held March 3, 2011. Page 44 of 185 Minutes of Meeting Lake Erie Region Source Protection Gommittee March 3,2011 Page 3 communities with an update on the process. These information sessions will align with the notice of plan commencement. The public will be advised during the spring process update that municipalities will be providing more specifics in the fall with regards to policy choices. The offìcial public consultation on the policies will take place in Spring 2012. More specific information will be available at the April 14 Source Protection Committee meeting. 4. Review of Agenda C. Ashbaugh noted that a revised agenda was distributed to members. Amendments included two additional items of correspondence, 9. a) iii) and iv), a copy of Kate Turne/s response to drinking water standards under item 1 1 . a), a copy of late starter report SPC-1 1 - 03-04 and the conection of meeting venue for the April 14 meeting. Moved by: R. Krueger Seconded by: D. Murray carried unanimously THAT the revised agenda for the Lake Erie Region Source Protection Committee Meeting of March 3, 2011 be approved as distributed. 5. Declarations of Pecuniary Interest There were no declarations of pecuniary interest made in relation to the matters to be dealt with. 6. Minutes of Previous Meeting - February 3,2011 Moved hy: L. Penin Seconded by: B. Ungar carried unanimously THAT the minutes of the previous meeting February 3, 2011 be approved as distributed. 7. Hearing of Delegations None 8. Presentations None 9. Gorrespondence a) Copies for Members i) Gorrespondence to lan Smith, Director, Source Protection Programs Branch, Ontario Ministry of the Environment from Craig Ashbaugh, Chair, Lake Erie Region Source Protection Committee Re: Contamination of Local Drinking Water Supplies During Post-Extraction Phase of Aggregate Operation Lake Erie Region Source Protection Committee minutes of meeting held March 3, 2011. Page 45 of 185 Minutes of Meeting Lake Erie Region Source Protection Gommittee March 3,2011 Page 4 Conespondence to lan Smith, Director, Source Protection Programs Branch, Ontario Ministry of the Environment from Craig Ashbaugh, Chair, Lake Erie Region Source Protection Committee Re: Request to Add Transportation of Oil and Fuel Products Through Pipelines as Non-prescribed Local Drinking Water Threats Correspondence to Craig Ashbaugh, Chair, Lake Erie Region Source Protection Committee from Jessica Davidson, Holcim (Canada) lnc. Re: Lake Erie Source Protection Committee Request to lncludé Post-extraction Phase of Aggregate Operations as a LocalThreat Correspondence to Craig Ashbaugh and Members of the Lake Erie Region Source Protection Gommittee from Cynthia Robinson, Ontario Stone, Sand and Gravel Association Re: Your Letter to lan Smith, Mínistry of the Environment, Dated February 3, 2011; 'Contamination of Local Drinking Water Supplies During Post- extraction Phase of Aggregate Extractions" b) Not Copied None R. Seibel commented that, although the use of fill or material identified in the committee's letter to the Ministry of the Environment would not be used for aggregate site rehabilitation, the committee should be concemed if that type of fill is used anywhere, suggesting it would be prudent to ensure that only clean fill is being used everywhere in the watershed. Res. No. 16-11 Moved by: M. Wales Seconded by: L. Penin carried unanimously THAT the correspondence be received for information. 10. Reports a) SPG-Il-03-01 First Draft Updated Assessment Report for Kettle Creek Source Protection Area M. Keller provided an overview of Report SPC-11-03-01 First Draft Updated Assessment Report for Kettle Creek Source Protection Area. B. Ungar referred to Table 4-23 and asked for confirmation regarding the number of circumstances identified as potential threats for the handling and storage of commercial fertilizer. M. Keller confirmed that the circumstance identification number is 1285 and the number of occurrences is one. B. Ungar suggested that he knows of four other properties that may pose a threat that are not reflected in the table. L. Perrin pointed out that this table is listing threats in the IPZ-Z, and suggested that while there may be other properties storing commercial fertilizer, they may be outside of the IPZ-2. M. Wales requested clarification regarding the site-specific contaminants noted for the IPZ-3 delineation studies. L. Perrin identified that the threats identified based on the contamination transport modelling for the Port Stanley harbour were the handling and storage of commercial fertilizer and the handling and storage of fuel. M. Wales asked if ii) i¡i) iv) Lake Erie Region Source Protection Committee minutes of meeting held March 3, 2011. Page 46 of 185 Minutes of Meeting Lake Erie Region Source Protection Committee March 3,2011 Res. lVo. 17-11 Moved by: B. Ungar Seconded by: L. Perrin Res. Â/o. 18-11 Moved by: D. Parker Seconded by: I. Macdonald Page 5 these were the same threats that were listed in the last row in the list of amendments. M. Keller replied affirmatively. carried unanimously THAT Repoft SPC-11-03-01 First Draft Updafed Assessment Report for Keftle Creek Source Protection Area be received for information. b) SPC-ll -03-02 First Draft Amended Assessment Report for Long Point Region Source Protection Area M. Keller provided an overview of Report SPC-11-03-O2 First Draft Amended Assessment Report for Long Point Region Source Protection Area. M. Wales refened to the 101 new significant threats identifìed for the Cedar Street and Chapel Street well fields as asked for a list of what they are. M. Keller refened to page 6- 73 in the draft amended assessment report and summarized the additional activities. M. Wales asked if these are potential threats that will require further ground-truthing. M. Keller replied affirmatively. D. Parker asked if any other alterations in the threat counts have been made, such as reductions in the number of threats. M. Keller responded affirmatívely, noting that originally, there were 8,116 threats in the Lake Erie Region, whereas now there are approximately 7,200. 1 opposed,20 in favour THAT Report SPC-11-03-02 First Draft Amended Assessment Report for Long Point Region Source Protection Area be received for information. c) SPC-Il-03-03 Grand River Source Protection Area Draft Amended Assessment Report M. Keller provided an overview of Report SPC-11-03-03 Grand River Source Protection Area Draft Amended Assessment Report. He noted that at the Headwaters meeting in Dufferin County, staff were advised that wellhead protection areas in Orangeville extend into the Lake Erie Region. Over the past couple of days, staff have been receiving information regarding the delineation and significant threat enumeration, which includes issues with regard to road salt and nitrates. This information will need to be included in the next draft of the amended assessment report. M. Keller also noted that a response with regards to our request regarding aggregates and pipelines is still forthcoming and the assessment report may need to be amended based on the Ministry's response. D. Parker referred to the Simcoe mapping and asked for an explanation regarding the reduced issue contributing area. M. Keller responded that the wellhead protection area delineation assumes a specific pumping rate, which is normally a projected future use pumping rate. However, when delineating an issue contributing area, the assessment is based on cunent pumping rate because the purpose of the study is to determine what is Lake Erie Region Source Protection Committee minutes of meeting held March 3, 2011. Page 47 of 185 Minúes of Meeting Lake Erie Region Source Protection Gommittee March 3,2011 Page 6 currently impacting the well. Because the current pumping rate is less, the issue contributing area is smaller than the wellhead protection area. D. Parker suggested that altering the delineation could throw doubt into the delineation of every other well in Ontario. M. Keller suggested that the delineation of an issue contributing area is separate from that of a wellhead protection area. D. Parker expressed concem that it creates a sense of inexact science. M. Keller responded that the delineation is based on the assumptions input into the model. T. Schmidt elaborated that the delineation is based on pumping rates. As an example he noted that for the Paris delineation, the pumping rate was reduced, which resulted in a reduced wellhead protection area. He noted that the model works, although the assumptions may be modified on occasion. D. Murray asked for elaboratíon regarding the amended impervious surface calculations in Dufferin County and Wellington North. M. Keller responded that the amendment in the method of calculating impervious surfaces did not result in a significant change. The alternative method of calculation was based on using the wellhead protection area as a unit rather than the one kilometre square grid. Because the Ministry of the Environment did not approve this method of calculation, the calculation is once again based on the one kilometre square grid. Res. No.19-11 Moved by: B. Ungar Seconded by: L. Perrin carried unanimously THAT Report SPC-11-03-03 Grand River Source Protection Area Draft Amended Assessmenf Report for information. d) SPG-í f -03-04 Status of Nes{le Ganada lnc. Permit to Take Water Application J. Etienne provided an overview of Report SPC-11-03-04 Status of Nestle Canada lnc. Permit to Take Water Application. 'J. Laird stated that the City of Guelph will comment on this permit. She stated that currently, the water taking does not impede on the city's water supply and as such, Guelph is not opposed to this water taking at this time. They are, however, concemed with future interference as a result of population growth and the cumulative effects of future water takings. She noted that, because the Water Budget Tier 3 study is not yet complete, the cumulative effects at this point are unknown. Although the City of Guelph will not oppose the application, they will ask that the permit only be approved for a two- year period. They will urge the Ministry of the Environment to consider the needs of municipalities to ensure watersheds can sustainably support municipal water supplies. She identified that if the proposed resolution under item 12. b) is passed as worded, Nestlé would be shut down, and that is not in keeping with the City of Guelph's current position. She asked if, when the motion is brought forward, M. Goldberg would consider a friendly amendment that would limit the permit to two years. R. Seibel identified that in his experience, renewals of permits to take water are typically for 10 years. He further noted that on some permits, the Director has the ability to suspend a permit to take water. L. Ross advised that the permit to take water permits contain both site-specific components, with elements that are customized, but there are Lake Erie Region Source Protection Committee minutes of meeting held March 3, 2011. Page 48 of 185 Minutes of Meeting Lake Erie Region Source Protection Gommittee March 3,2011 Page 7 also elements that are standardized. She noted that in all groundwater water takings there is a standard condition, which allows the Director to reduce or cease the taking if required. M. Goldberg asked if the Director has ever issued a cease taking once a permit is issued. L. Ross replied that although she does not have the information at hand, she could follow-up. M. Goldberg advised that it has never occurred to his knowledge. He suggested that the Director would not be inclined to issue a cease taking because, under NAFTA, there could be a lawsuit. J. Laird identified that the Ministry of the Environment has requested the City of Guelph to reduce water taking. D. Goudreau added that the County of Oxford has also had a permit reduced by the Ministry. M. Goldberg thanked J. Etienne for preparing the report, noting that the report states that Nestlé exceeds the minimum requirements for monitoring and reporting. M. Goldberg suggested that the reason Nestlé provides a great deal of information is not because they are altruistic, but because these are conditions of the previous permit as a result of the cÐncems regarding the impact of their water takings on the Mill Greek ecosystem. Of great cÆncem is that there is the potential for moderate stress on the Mill Creek ecosystem. He noted that a Conestoga Rovers report found flow reversal whereby, it was found that during peak pumping, the flow actually reversed. ln the stretch of the creek that runs by the Nestlé plant from the Aberfoyle Mill to the Hanlon Expressway, there has not been any trout eggs found. The theory is that the upwelling of groundwater is necessary to have trout eggs grow successfully. This lack of trout eggs may be due to the pumping or due to the temperature in Mill Creek. M. Goldberg stated, however, that Mill Pond has been there for a long time and there has always been trout until the water takings started. J. Etienne confirmed the impact to the ecosystem is part of the permit to take r¡¡ater review. Although there are outstanding questions, several agencies are placing a great deal of effort on reviewing this permit. R. Seibel asked what the moderate potential for stress in a Tier 2 Water Budget study refers to. J. Etienne replied that the lier 2 classifications are based on rough calculations regarding a percentage of surface takings and a percentage of groundwater takings in order to identify if further study is required. The Tier 2 study is not an identification of actual stress, and only systems under the source protection program, which are areas with municipal water supplies, move forward for Tier 3 studies. P. General identified that he is concerned with both the volume of water taken but also the length of the permit. Ten years is a long time, and we don't know what the environment will be like in 10 years; he emphasized that two years should be a maximum length for a permit. Noting that a portion of Mill Creek is a protected area from a fisheries standpoint, he stated that íf the water taking is having an impact on Mill Creek, it is likely having an impact on the protected area. M. Wales pointed out that the standard length of time for a permit to take water for agriculture is also ten years; the permit to take water application is a fairly lengthy process to go through. D. Munay noted that the municipal permits are also ten years. M. Keller emphasized that the purpose of the source protection program is to protect sources of drinking water. Although there may be other challenges related to ecology and fish habitat that need to be addressed, it is important to be conscious of the Lake Erie Region Source Protection Committee minutes of meeting held March 3, 2011. Page 49 of 185 Minutes of Meeting Lake Erie Region Source Protec{ion Gommittee March 3,2011 Page I purpose of the program. J. Hanison concuned, noting that the report states that there are no municipal water supplies in the Mill Creek area and, since there has been no suggestion to the contrary, this is not our business; our business is protecting municipal sources of water. Res. lVo. 20-11 Moved by: B. Ungar Secondedby: R. Selbel carried unanimously THAT Report SPC-11-03-04 Status of Nesf/e Canada lnc. Permit to Take Water Application be received for information. 11. Business Arising from Previous Meetings a) Ontario Drinking Water Standards for phosphorus, molybdenum, nickel and hydrazine or ffs sa/f L. Ross read the response from K. Turner which confirmed that none of phosphorus, molybdenum, nickel or hydrazine or its salt have a drinking water standard. C. Ashbaugh pointed out that K. Turner will no longer be attending meetings. Although she will continue to be available, L. Ross will now be the Lake Erie Region Source Protection Committee Liaison attending the meetings. 12. Other Business a) Question and Answer Period None b) Motion M. Goldberg advised that many people are opposed to this Nestle permit for a number of reasons. He stated that he thinks this permit application is the business of this committee because it deals with water quantity, which this process has not yet dealt with. He is trying to ask the Ministry to not grant long term permits to take water like this one. His focus is on the length of the application because a lot can happen in ten years such as drought and population growth. He would like to ask the Ministry of the Environment to respect this process as Justice O'Connor envisioned it, with local Source Protection Committees managing local resources; to do that we need to look at the Water Budget, which is not complete. He is asking that the Minístry of the Environment wait until the water budget is complete before granting permits of this duration and as such, is willing to entertain J. Laird's friendly amendment. J. Laird reiterated that the motion, as written, implies that the permit would not be renewed until the water budget studies are complete and proposed, instead, to shorten the renewal period, to a two-year renewal. M. Goldberg, suggested adding "for more than a two year period" after'Grand River watershed" in the resolution. J. Laird agreed that this would satisfy her concern. Lake Erie Region Source Protection Committee minutes of meeting held March 3, 2011. Page 50 of 185 Minutes of Meeting Lake Erie Region Source Protection Gommittee March 3,2011 Res. lVo. 21-11 Page 9 B. Ungar asked when the Tier 3 Water Budget studies will be complete. J. Etienne replied that the studies for the Guelph Tier 3 water budget will be complete towards the end of this year, with the report submitted by March 2O12tor approval. T. Schmidt expressed concern that making an exception to permit duration may migrate to other areas of permitted use. He asked why this limitation would be focused on water bottlers, noting that it could be municipalities. He elaborated that the permit to take water applications take a lot of work, and do not need to be renewed every two years; the ten- year cycle does work well. T. Schmidt noted that, although he can see J. Laird's position which is different in this specific case for this specific well, he has a problem with the generality of identifying local water bottlers and could only support the motion if it were specific to this location. J. Laird pointed out that the Nestlé permit was issued for two years for their last renewal application, so it would not be unusual in this case. T. Schmidt reiterated that he can support this instance, but is not supportive of the broader context. M. Wales noted a point of order, stating that the committee is discussing a motion that is not on the floor. However, he asked when the current permit will expire. J. Etienne replied thatthe permit is likelyto expire April 17, 2011.M. Wales noted that he is also concerned with establishing a precedent. lf there is a problem with the water taking, there is a process in place whereby the Ministry of the Environment can reduce the permitted taking. L Macdonald identified that, given M. Goldberg's logic in support of this motion, one would have to object to all permits. He noted that he does not support this logic and does not feel it is appropriate to single out one particular application. B. Johnson noted the point of order, stating that, under motions of debate, the motion must be made, moved and seconded before debate can take place. M. Goldberg moved the motion with the friendly amendment and J. Laird seconded the motion. M. Goldberg responded that he is singling out commercial water bottlers because commercial water bottling is the most consumptive use of water. Water bottling is taken from our aquifer, put in plastic bottles, and 90-95% of this water is shipped outside of the Grand River watershed. lt is the worst kind of consumptive use because it drains the watershed and is not returned. He stated that, until we know how much the aquifer is recharged, it is preempting our process. Moved by: M. Goldberg Seconded by: J. Laird 7 in favour, 14 opposed Motion Defeated THAT the Lake Erie Source Protection committee urge the Ministry of the Environment to defer issurng and renewing Permits to Take Water to commercial water bottlers within the Grand River Watershed for more than a two year period until such time as a water budget for the area in question has been completed. 13. Glosed Meeting Not applicable Lake Erie Region Source Protection Committee minutes of meeting held March 3, 2011. Page 51 of 185 Minutes of Meeting Lake Erie Region Source Protection Gommittee March 3,2011 Page l0 14. Nexl Meeting - Thursday, April 14,2011,1:00 pm Long Point Region Gonservation Authority,4 Elm Street, Tillsonburg, ON 15. Adjourn The Lake Erie Region Source Protection Committee meeting of March 3,2011 adjourned at 2:42p.m. Moved by: D. Parker Seconded by: D. Murray carried unanimously Chair Recording Secretary Lake Erie Region Source Protection Committee minutes of meeting held March 3, 2011. Page 52 of 185 l¿5 Cro Oshawa' Prepare To Be Amazed Corporate Services Department City Clerk Services April 1 5,2O'11 'Honourab t rcr{oombrowsky Minister of Educatíon Mowat Block, 22ndFloor 900 Bgy Street Toronto, ON M7A1L2 Re: City Council considered the above matter at a meeting held on April 11,20.11 and adopted the following recommendation of the Finance and Administration Committee: uWhereas Ontario municipalities iristoricalfy use schools as voting þlaces during municipal elections; and, \Mrereas the Municipal Elections Act states that schbol boards must provide space to be used as voting places free of any charge when requested for use by a municþality; and, Whereas school boards are requesting municipalities provide security at schools being used on Voting Day to ensure the safety of students throughout the entlre school when only a small portion of the school is being used as a voting place; and, Whereas concerns regarding student safety at the school during voting hours can be eliminated if the students are not in the school on Voting Day; Therefore Oshawa City Gouncil requests that the Minister of Education amend the Education Act to declare Voting Day for municipal elections in the Province of Ontario as a ProfessionalActivity Day; and, That this resolution be forwarded to all Ontario municipalities, loial MPP's, the Association of Munioipalities of Ontario, the Assoeiation of Municipal Managers, Clerks' and Treasurers of Ontario and all school boards in the Cþ of Oshawa in accordance with Report F/.1 1-81 dated March 24, 201 1." Your consideration of this important matter is appreciated. The Corporation of the City of Oshawa, 50 Centre Street South, Oshawa, Ontario L1H 327 Phone 905'436'331 1 1'800'667'4292 Fax 905'436'5697 vn¡rwoshawa.ca Correspondence dated April 15, 2011 from City of Oshawa regarding "School Boards' Declaration of Voting Day as a Page 53 of 185 -2- By copy of this letter, I am advising all Ontario municipalities, local MPP's, the Association of Municipalities of Ontario, the Association of Municipal Managers, Glerks and Treasurers of ontario and all school boards in the city of oshawa of council's decision. lf you need further assistance, please contact me at the address below or þy telephone at 905-436-5636 extensio¡t 223A. 5r-:- Sandra Kranc Gity Clerk Sllmp c: AllOntario Municipalities-(sent via AMO broadcast) r/ Christine Elliott, MPP l^/h¡tby-Oshawa Jerry Oueliette, MPP Oshawa Association of Municipalities of Ontario Association of Municipal Managers, Clerks and Treasurers of Ontario Durham District School Board Durham Catholic Distriot School Board Conseil scolaire de district du Centre-Sud-Ouest Conseil scolaire de district catholique Centre-Sud Correspondence dated April 15, 2011 from City of Oshawa regarding "School Boards' Declaration of Voting Day as a Page 54 of 185 --) OFFICE OF THE MAYOR C-t o March 31,2017 The Honourable Dalton McGuintY Premier of Ontario Legislative Building Queen's Park Toronto, Onta¡io M7A iAl Dear Mr. Premier: Transportation Infrastructure Funding The Council of the Corporation of the City of Mississauga at its meeting on March 30, 2¡l1,adopted the enclosed Resolution 0081-2011 requestingthafthe Government of Ontario "orrrid". directing aportion of the revenue derived from H.S.T. charged on gasoline and diesel sales to a ne\il ptãairiuulr funding mechanism that will allow the City of Mississauga and other Ontario municipalities to make the critical investments needed to be effective stewards of transp ortation infrastructure. On behatf of Mississauga Council, I believe that this initiative will close the significant funding gap between the Govemment of Ontario and the Cþ of Mississauga and put the money in the ipþtòpriut" place. This will assist the City in constructing and maintaining transportation infrastructure to sustain the demands of our locai economy and the safety of our residents. ilrlflsslssAucA å Leading lodoy for homorrow THE CORPORATION OF THE CITY OF MISSISSAUGA 3OO CITY CENTRE DRIVE, MISSISSAUGA' ON LsB 3C1 TEL: 905-896-5555 FAX: 905-896-5879 maYor@mississauga.ca 5qoo Correspondence dated March 31, 2011 from City of Mississauga regarding "Revenue from H.S.T. Charged on Gasoline and Diesel Page 55 of 185 -2- I urge you to take the appropriate steps to ensure municipalities benefit from this added revenue. I look forwa¡d to your favourable reply. The Honourable Dwight Duncan, Minister of Finance The Honourable Kathleen Wynne, Minister of Transportation The Honourable Bob Chiarelli, Minister of Infraskucture Members of Council Association of Municipalities of Ontario Municipal Services Office, Ministry of Municipal Affairs and Housing, Central Region Martin Powell, Commissioner, Transportation and'Works Scott R. Butler, Manager, Policy and Resea¡cl¡ Ontario Good Roads Association John Ennis, Government Relations Speciaiist CAA South Central Ontario g O ntario Municip alitie s Enc. L MoCALLION, C.M., LL.D. MAYOR Correspondence dated March 31, 2011 from City of Mississauga regarding "Revenue from H.S.T. Charged on Gasoline and Diesel Page 56 of 185 fiiEslsgura RESOLUTION OO8I.2O11 adopted by the Council of The Corporation of the City of Mississauga at its meeting onMa¡ch 30,201I Moved by: Katie Mahoney Seconded by: Nando Iannicca WHEREAS the intoduction of the ha¡monized Sales Tax (II.S.T.) on July l, 2010, and its application to gasoline and diesel sales will result in new revenue for the Govenrment of Onta¡io. AND WHEREAS a lack of suffi.cient funding for essential transportation infrastmcture constuction, maintenance and rehabilitation has created a situation where the City of Mississaug4 as well as many other municipalities in Onta¡io, do not have the financial capacity to consEuct newtransportation inÊastructue and conduct the maintenance and rehabilitation needed to sustain existing hansportation infrastnrcture. TSEREFORE BE IT RESOLVED TIIAT the Council of the Corporation of the City of Mssissauga requests that the Government of Onta¡io consider directing a pofion of the revenue derived from H.S.t. charged on gasoline and diesel sales to anewpredictable funding mechanism that will allowthe City of Mississauga and other Onta¡io municipalities to make the critical inveshents needed to be effective stewa¡ds of transportation in-frastmcture. tl*O.nn 'u'-^ 1¿í- ^t-*t /',^"^ cê4 4- 0 GRA Yna"./ ?y'/22 Page 1 ofl Correspondence dated March 31, 2011 from City of Mississauga regarding "Revenue from H.S.T. Charged on Gasoline and Diesel Page 57 of 185 Correspondence dated March 31, 2011 from City of Mississauga regarding "Revenue from H.S.T. Charged on Gasoline and Diesel Page 58 of 185 5 Ministry of Transportation Otfice of the Minister Ferguson Block, 3rd Floor 77 Wellesley St. West Toronto, Onlario M7A 128 416 327-9200 www.mto.gov.on.ca MÂP ? 1 ?fill His Worship Paul L. Ens Mayor Municipality of Bayham 9344 Plank Road PO Box 160 Straffordville, Ontario NOJ lYO Ministère des Transports Bureau du ministre Édifice Ferguson, 3" étage 77, rue Wellesley ouest Toronto (Ontario) M7A 1Z.8 416 327-9200 ww¡i.mto.gov.on.ca Ontario òoâ Dear Mayor Ens: Thank you for your letter outlining your plans to bring the Ojibwa submarine to the Elgin Military Museum. The background information that you provided with your letter about Project Ojibwa was informative and interesting. Unfortunately my ministry does not have a funding program that would be able to contribute towards this exciting project. However, my staff may be able to assist you by offering tourism related opportunities to promote this attraction on provincial highways through Tourism Oriented Directional Signing (TODS). As your plans for Project Ojibwa move forward, please contact Ken Teasdale, Senior Project Manager, at (519) 873-4596, if you need technical assistance related to signage from the ministry. Thank you again for sharing this information with my ministry and I wish you success in this project. Sincerely, Minister The Honourable Steve Peters, MPP, Elgin-Middlesex-London Correspondence dated March 31, 2011 from Ministry of Transportation regarding "Project Ojibwa". Page 59 of 185 Page 60 of 185 5 Thinking beyond the box Stewardship Ontario BAYHAM, MUNICIPALITY OF P.O Box 160 Straffordville QC NOJ IYO March 3L,ãOLL Eo-z RE:lndustry funding for Municipal Blue Box Recycling for 2010 Program Year Dear Mayor and Members of Council: Packaging and printed paper companies, represented by Stewardship Ontario, fulfill their responsibilities to fund 50% of the net cost of the residential Blue Box recycling program by making cash payments to municipalities on a quarterly basis. Stewardship Ontario and Waste Diversion Ontario (WDO) are pleased to enclose the fourth quarterly payment for the 2010 program year. The total payments distributed to municipalities in this quarter exceed St6 million. For the 2010 program year, Stewardship Ontario will distribute a total of 565.6 million in cash to Ontario municipalities on behalf of the companies that are responsible for packaging and printed paper under the Blue Box Program. This brings the total cash payment from industry to municipalities to 5355,1 million (revised) since the program began in 2004. ln addition to the direct cash payments, municipalities benefit from other linked support programs, The first is "in-kind" advertising space made available annually by Ontario daily and community newspapers that are members of the Canadian Newspaper Association and the Ontario Community Newspapers Association. ln20IO, these newspapers are making available St.¿ million in advertising space, which has been allocated to municipalities throughout the province. Since the launch of the program, advertising space valued at about S11 million has been dedicated to promoting local municipal waste diversion programs. ln another linked program, Stewardship Ontario continues to work with municipalities to complete projects that receive financial support underthe Effectîveness and Efficiency (E&E) Fund and its successor, the Continuous lmprovement Fund (ClF). These funds serve our shared interest in achieving continuous improvements in the performance of Ontario's renowned Blue Box recycling system. By providing direct support to municipalities for recycling and with the additional initiatives to help municipalities explore and implement efficiency opportunities, municipal taxpayers and consumers of printed papers and packaging enjoy continued access to convenient recycling opportunities. To find out more about these programs, we invite you to visit the websites shown below. Sincerely, Lyle Clarke VP Blue Box &lnnovation Stewardship Ontario www.stewa rdsh iponta rio.ca ¿-94 ,/r*-*^.hnán-- David Merriman lnterim Executive Director, Waste Diversion Ontario www.wdo.ca Correspondence dated March 31, 2011 from Stewardship Ontario regarding "Industry Funding for Municipal Blue Box Page 61 of 185 Page 62 of 185 _{ M¡nistry ôt cit¡zénship and lmmigratÍori Minister 6b Ffoor 40O UniversÍtyAvenue Toronto ON M7A ãRg Tet.: (416) 325"6200 Fax (416) 325-8195 Minlstère dæ Affâffes clvlques et dë l'lriìrttÌgrät¡ôn Ministre 6n étage ¿100. avenué Universily Toronlo ON M7A 2Ê9 Tét. : (416) s2s-6200 Téléc. : (416) 325-61ss March 201'l Dear Friends: I\öv LINGOLN M. ATEXANT}ER AWARD 2011 Every year s¡nce 1993, the Government of Ontario has presented the Lincoln M. Alexander Award to honour young Ontarians who have demonstrated exemplary leadership ¡n contributing to the elimination of rêcia¡ discrimlnatlon' I am pleased to call upon you and ask you to support this prograrn by norn¡nating a young person whûm you belíeve to be deserving of recognition. As the Minister of Citizenship and lmmigration, i willjoin the Lieutenant Governor in officially recognizing the,âward recípients at a special ceremony at Queen's Park later Ín the year. Nominatíon forms and information outlíning details of the program' including the deadline date, the selection criteria and the procedures followed in the seleetion prûcess are avai¡able on our we bsite at www.ontario.calhonou rsandawards Please read the information provided and take this opportunity to acknowledge a young person from your school or cornmunity who has made an Ímportant contribution to elirninating racial discrimination in Ontario. For further information you may contact the Ontario Honours and Awards Secretariat: 416 314-7526, toll free 1 877 832-8622 or TTY 416 327-2391. The deadline for nominations is May 31, 2011. Thank you in advance for taking the time to consider ê deserving young Ontarian for the Lincoln M. Alexander Award. Sincerely, Dr. Eric Hoskins Minister { ./ 'ti_. {- Correspondence dated March 2011 from Ministry of Citizenship and Immigration regarding "Lincoln M. Alexander Award 2011". Page 63 of 185 Page 64 of 185 lp CORPORATION OF THE MUNICIPALITY OF BAYHAM STAFF REPORT TO: Mayor and Council Members FROM: Planning Coordinator/Deputy Clerk SUBJECT: Growmark Site Plan AgreementlBy-law 2011-032 DATE: April 8, 2011 FILE: Dl 1.GROW NUMBER: D2011-15 Purpose To recommend approval of a Site Plan Agreement with Growmark Inc. Background Growmark Inc. has applied to the municipality for a Site Plan Agreement for their property located at 55720 Jackson Line. The owners are proposing to develop the property by adding an additional grain storage bin, grain dryer and scale house. The Growmark property is designated "Agricultural" in the Official Plan and zoned Farm Industrial (Ml) in the Bayham ZoningBy-law 2456-2003. The lands are subject to site plan approval. Staff Comments The proposed additions of a grain storage bin, grain dryer and scale house as indicated on the application sketch and attachments to the agreement are acceptable to staff. The works will be phased in with the dryer being added in 2011 and the dryer bin and scale house in20l2. The text of the site plan agreement is in accordance with the standard form of agreement previously approved by Council. The Agreement and authorizing By-law are presented to Council for enactment. Attachments l. Site Plan Application 2. Draft ByJaw 20ll-032, Site Plan Agreement attached as Schedule 'A' Strategic Plan Goal(s) Goal # 3 - Create apositive business atmosphere Goal # 6 - Provide and encourage altractive lifestyle choices RECOMMENDATION *THAT Staff Report D2011-15 regarding the Growmark Site Plan be received; AND THAT Bylaw No. 2011-032, being a By-law to authorize the execution of a Site Plan Agreement with Growmark Inc. and the Municipatity of Bayham be presented for enactment.tt Underhill, Planning Coordinator/Deputy Staff Report D2011-15 regarding "Growmark Site Plan Agreement / By-Law 2011-032". Page 65 of 185 FILENo. llA - at REC'D: n1n.¿/o /// DATE APPLICATION CONSIDERED COMPLIiI'E: FEE I{ECEIVEI): $ Sooo* IVIUNICIPAI,ITY OF BAYI{AM SITE PI,AN APPROVAL APPI,ICATION FORIVI Tire unclersigrred hereby request the Municipality of Bayharn to conside¡ a Site Plan Cont¡ol application pursuant to Section 41 of the Planning Act on the lands heleinaftel described. This application is accornpanied by a fec of $2000 ($1000 f'ee & $1000 deposit) by cash or cheque rnacle payable to the Municipality of Bayham. I . BACKGROUND IN¡'ORMAIION a) Applicant's rtr,^" 1e{}P F " /O USe - Applicant's Mailing Address y'/, b) Telephone r,lrrn t "rsß'Rl' 5 þ( Registered Orvner (if other than applicant) Fax Nu¡nber Sß.3r5. S 322 owner's Acldress /-e4 */cj¿r-+r On, Pac-zSS Telepbone N rrn t""rSJ 9 - E9 S-.5 É 9/.Fu Non',b"rSû'3.9f . S.!Å2 c)Location of Subject Land Lot Numberls) P4 /4* /7 ?J'14 Plan No. or Concession C Ret'erence ptan//RB320 Þzi ltA t7aêVgY PæcS I Part Number(s) 911 Address (if any)S'57,?ô .li<-Íson L)ne ^ 5r"A¡ û*rzlv " between d) e) Ð c) oitïciat PIan Designari ", &Lrie--IIo¡A/- zoningBy-taw - Existins znlins llt 7 ' ttcm /nc:/udr,¡, / ¿/ä Existing use of Subject property Specific indical.ion of proposed uses of land and buildings - Rcquested Zoning Staff Report D2011-15 regarding "Growmark Site Plan Agreement / By-Law 2011-032". Page 66 of 185 2. S¡fB ¡dFORM^TrOil ¡rb8-bi'l¡c¡ td Fúaf! ld Drf{û Ld A¡tIrLdCoø¡! Fño! YÈd ê(rh R*Yrd âtlrr l@in SldÈ Yrd#a4 ß¡kfiasùbyq¿(ffitil) L¡ñdsp.d O!ö 3P& (f) ìtd ef Pr¡*ila sTË l.la ollâdlot sPG.¡ Wlr¡h of Pldhg sùP Dr¡Es¡t lÍ'¡dó H&¿i{Np SFdqbs(SF ltt PßOTO$BD ¡5ñ ZÂOE- lZ.!4282-ûi-lOñ a6ñ tZEu¡2El-xlÀ t¡--s--- ül[3lg,-ML MA-- nßauBBD 3O ¡rl- zæ-p- æ N'. -Eæ7'S-âi/1,+rþ N,l* þâ.-r?ä-- Tı¡t Os Fld Â¡fl Írotd.d 0ælrdr¡s a¡{iD¡ ¡¡d Fope.d) J<øL H",,¿<_ --_/ b) 8@¡r¿&¡ÀÙú.9¡s &w¡d Fq ^s d E¡¡Èlnr Eundiqr(r) G0û¡ Ery &ã of Pt4oæd DaæloPo!¡l fu¡&EdtlúAd 8:nl Ù1*r tt,ùlÚcludí¡ü sirt¡û¡ & F!Do*d) Noû¡F of Sæt! Itqrr*d 8úlL4ı!Hcì¡ìt PiúOËd rra¡ ú6r .lln W. ¿çq"Y t,vry -!?ron2 ffit) eo'x4ot (ezt*¡w t¡tâ M- - A .aþ ttft too' ÉÅf- ^SAPPLICi$¡.&¡IUL Staff Report D2011-15 regarding "Growmark Site Plan Agreement / By-Law 2011-032". Page 67 of 185 3. a) APPLICABLE: - (cont'd) MULTIPI,E F - (cont'd) Other Iracilities prov lay facitities, underground parking, games roonts, swinrming pool, etc.) COMIVIF]RCIAL/INDUSTRIAL/INSTITUIIONAL/OPEN SPACE OR OTHER USIIS (as applicable) No. oI New Buildings Conversion or Addition to Ë'xisting Building Describe Yes- N Gross þ'loor Area (bre¿ùdown manufhcturing üea. etc.) Scating Capacity (for rest, or assernblyhall. etc.) Descril¡e Type of Busin ess Proposed (* f 4' ^ C¿ e bu o r Lùa'te No. of StafiÞroposed - Initiallv I Ff h futurc (5 yrs) Opcn Storage Required Yes- No X Describe tyrre, locltion, an<l buffering (if any) 'ä2/'4 - Phasing ir-iny il/4 Descri6e Type of Uée ProPosed ¡lo. or ge¿s (lf applicablej /U/i Gross Floor Area by TYPe of Use (eg. otïice, oommotl rooms, storage, etc.) --t'¿ndscaped ârc¿r --+q 1n------ If residential space/other use, plea.sè 'I\pe Brchelor One-Bedroonr Two-Bedrooln Thrce-Bedroom Number as parl ol, or accessory to com merciuUinclustrial/oPen -t"loor areu of Unit T'YPe Date<l this - ' lltq a^v ur Øz¿/ 'zç in+e 1, JØ ,t/oa¡e- -rn"Co*,Jr l/ rùorßß ,r af DO SOI,EIVINLY DECI,ARE THATI All of the starenrents containecl in tl,is application are tl'ue and I make this solemn declaration conscientiously believing it to be tme ancl knowing that it is of the same force ancl eff'ect as if made urtder Oath and by virtue of the Canacla Eviclence Act' MARGAREÍ UVDERHIIII ¡ Cmbro rÞ Signatu.re of Owner / Agent o*"'t!ff'h"u- before rne úthe ftLtnie' er/AsentJ¿l[ flo us< A,i".ho,.,,,.,s-.pü"P¿r{^$tr[tfffi Hlgf-'*Fgf#,?r.'n".10:J Staff Report D2011-15 regarding "Growmark Site Plan Agreement / By-Law 2011-032". Page 68 of 185 a -= --Jt vO = S t a f f R e p o r t D 2 0 1 1 - 1 5 r e g a r d i n g " G r o w m a r k S i t e P l a n A g r e e m e n t / B y - L a w 2 0 1 1 - 0 3 2 " . P a g e 6 9 o f 1 8 5 GROWMARI( 1 Chandarla Place, Kítchener, Ontarlo N2C 2S3 March 7,20LL RE: Jeff House, Fleet & Facilities Manager 55720 Jackson Llne, Straffordville, ON NOJ lYO To Whom it May,lio¡çetlu_ I Shelly Kruse, VP Mldwest Retail & Acqulsitions, do appolnt Jeff House, Fleet & Facllities Manager to act on all matters related to the Site Plan Agreement and Appllcation for the above noted property. Regards, ,ffuh,L/l^,/r Shelly Kruse, VP Midwest Retail & Acquisitions GROWMARK, Inc. laf Staff Report D2011-15 regarding "Growmark Site Plan Agreement / By-Law 2011-032". Page 70 of 185 THE CORPORATION OF THE MTJNICIPALITY OF BAYHAM BY-LAW NO. 2011- 032 BEING A BY.LA\ry TO AUTHORIZE THE EXECUTION OF A SITE PLAI\I AGREEMENT BETWEEN GRO\ilMARK INC. AND THE MTJNICIPALITY OF BAYHAM WHEREAS subsection alQ) of the Planning Act, R.S.O. 1990 Chapter P.l3 provides in part that where in an official plan an area is shown or described as a proposed site plan control area, the council of the local municipality in which the proposed area is situate may, by by-law, designate the whole or any part of such area as a site plan control area. AND WHEREAS the Municipalþ of Bayham has enacted a Site Plan Control Area ByJaw pursuant to Section 4l of the said Planning Act. AND WHEREAS subsection 4l (4) of the said Planning Act provides in part that no person shall undertake any development in an area designated under subsection (2) unless the council of the municipality or, where a referral has bçen made under subsection (12), the Municipal Board has approved one or both, as the council may determine, of the following: 1. Plans showing the location of all buildings and structures to be erected and showing the location of all facilities and works to be provided in conjunctiontherewith and of all facilities and works required under clause (7) (a). AND \ilHEREAS the Council of the Corporation of the Municipality of Bayham now deems it necessary enter into a site plan agreement with Growmark Inc. NOW THEREFORE THE COT]NCIL OF THE CORPORATION OF' THE MTJNICIPALITY OF BAYHAM ENACTS AS F'OLLOWS: 1. THAT the Mayor and Clerk be and they are hereby authorized and directed to execute the Site Plan Agreement between the Corporation of the Municipality of Bayham and Growmark Inc. affrxed hereto and forming part of this By-law as Schedule "4". 2. THAT the executed agreement shall be registered at the o\ryner's expense under the proper Land Titles Registry. READ A FIRST Ai\D SECOND TIME this _ day of 2011. READ A THIRD TIME AND FINALLY PASSED this day of MAYOR CLERK 20tt. Staff Report D2011-15 regarding "Growmark Site Plan Agreement / By-Law 2011-032". Page 71 of 185 Scleou¿-ú. 'H ' -/a óY- Ln,',t SITE PLA}[ AGREEMENT do//-a3J Growmark Inc. 55720 Jackson Line Concession 5 Part Lots 16 & 17 RoIl # 34-01-000-003-10901 TIIE CORPORATION OF THE MT]NICIPALITY OF BAYIIAM Staff Report D2011-15 regarding "Growmark Site Plan Agreement / By-Law 2011-032". Page 72 of 185 THIS AGREEMENT made in duplicate this _ day of BET\ilEEN: 2011. GROWMARI( INC. Hereinafter called the "O'WNER" OF THE FIRST PART . AND. THE CORPORATION OF'THE MUMCIPALITY OF BAYHAM Hereinafter called the *MUMCIPALITY" OF THE SECOND PART 1VHEREAS the Owner is the o\ilner in fee simple of the lands situate in the Municipality of Bayham, in the County of Elgin being Concession 5 Part Lots 16 &, 17, more particularly described in Attachment "4" attached hereto (and hereafter referred to as the ttl,ands'); Ai\tD WHEREAS the Ofücial Plan of the Municipahty of Bayham in effect, designates the entirety of the Municipality as a site plan control area; AIYD \ilHEREAS the Owner intends to develop lands in accordance with the Site Plan attached hereto, as Attachment "Cl" and"C2" (and hereafter referred to as the *Plan"); AI\D WIIEREAS the Council of the Corporation of the Municipality of Bayham now deems it necessary to enter into a site plan agreement with Growmark Inc. NOW THEREFORE in consideration of other good and valuable consideration and the sum of Two Dollars ($2.00) of lawful money of Canada by each to the other paid (the receipt whereof is acknowledged by eacþ, the Owner hereby covenants and agrees with the Municipality as follows: Staff Report D2011-15 regarding "Growmark Site Plan Agreement / By-Law 2011-032". Page 73 of 185 l. The Owner agrees that no building permit will be available until the Plan has been approved by the Municipalþ, and further agrees that work will not conìmence prior to the issuance of the building permit. 2. The following Attachments, which are identified by the signatures of the parties to this Agreement, and which are attached hereto, are hereby made apüt of this Agreement, as fully and to all intents and purposes as though recited in full herein: ATTACHMENT "A'' _ LEGAL DESCRIPTION OF SUBJECT LANDS ATTACHMENT "8". CERTIFICATE OF COMPLIANCE ATTACHMENTS "CI" &33C2T) . SITE PLAN AND SITE SERVICING PLAN 3. Attachment "A" hereto describes the lands affected by this Agreement. 4. Attachment "CI" &"C2" - Site Plan and Site Servicing Plan, shows: a) the location and height of all buildings and structures existing and/or to be erected; b) the location of vehicular entrances and exits; c) the location and provision of off-street vehicular loading and parking spaces, including driveways for emergency vehicles; d) building finished floor elevations (if deemed necessary by the Municipality); e) all proposed structures showing setback measurements and dimensions 5. The Owner agrees that the building or buildings will be erected or developed in accordance with the plan(s) approved, subject only to such changes as have received advance approval. 6. The Owner agrees that the site development and servicing will be in accordance with the plan(s) as approved, subject only to such changes as have received advance approval. 7. The Owner further agrees that (as applicable): a) final grades and elevations will be established to the satisfaction of the Municipality. The Owner will provide proof of final grades and elevations certified by a professional land surveyor or civil engineer, prior to the final release of the Letter of Credit. (not applicable) 4 Staff Report D2011-15 regarding "Growmark Site Plan Agreement / By-Law 2011-032". Page 74 of 185 b) c) all necessary provisions for service connections on site will be made to the satisfaction of the Municipality. (not applicable) construction work will be caried forward expeditiously in good and workmanlike manner, in accordance with good trade practice and so to cause a minimum of nuisance. all necessary precautions to avoid dust, noise and other nuisance and to provide for the public safety will, so far as possible, be taken and which comply wtth The Construction Safety Act. all necessary care will be taken to see that mud and soil is not tracked or spilled onto any public street, and where such tracking occurs, the street shall be cleaned at the end of each working day. unless otherwise provided, all parking lots and walkways will be finished with hot-mix asphalt, concrete, gravel or paving stones to the satisfaction of the Municipalþ and have permanent bumper curbing along all parking a¡eas that abut the property limits. (not applicable) no topsoil shall be stocþiled on any other portion of the Owner's lands except those lands identified in Attachment "A" to this agreemen! and all topsoil shall be stocþiled and maintained in a manner which allows for the maintenance of weeds; and the Municipality may go in and do the same at the Owner's expense, and collect the cost in like manner either as municipal taxes or from the Letter of Credit deposited as performance security. stock-piling of snow will not be allowed on the site where it will constitute a hazard to public right-of-ways. the electrical servicing of the property shall be subject to the approval of Hydro One. upon failure by the Owner to do any act during the development period herein, that the public safety or convenience requires, in accordance with this Agreement, upon seven (7) days written notice, the Municipality, in addition to any other remedy, may go in and do same at the Owner's expense, and collect the cost in like manner either as municipal taxes or from the lætter of Credit deposited as performance security. s) d) e) h) i) Staff Report D2011-15 regarding "Growmark Site Plan Agreement / By-Law 2011-032". Page 75 of 185 k) the Municipality may treat any breach of this Agreement as a breach of the Building By-Law, and upon twenty-four (24) hours written notice to the Owner, stop work until the breach is rectified. l) nothing in this Agreement constitutes waiver of the o\ilner's duty to comply with any by-law of the Municipality or any other law. 8. The Owner shall: a) be responsible for consulting with Hydro One regarding any matters that relate to services provided by Hydro One. 9. The Owner shall be responsible for consulting with and obtaining any necessary approval from all regulatory bodies such as, but not limited to, the Long Point Region Conservation Authority, the Ministry of the Environment and the County of Elgin, as deemed necessary. 10. The Owner shall satisfy all the requirements in relation to the fire protection for the building(s) to the satisfaction of the Municipality's Fire Chief. 11.The Owner agrees to pay for damages to public property including but not limited to municipal drain, ditches, street surfaces, sidewalks, storm and sanitary sewer systems, which may occur during the period of construction. Any such repair may be undertaken by the Municipality at the expense of the Owner, within thirty (30) days notice. 12. Any and all lighting shall be installed and maintained so as to not, in the opinion of the Municipality, interfere with the use or enjoyment of adjacent properties, or with the safe flow of traffic on abutting or adjacent streets. 13.If the Ontario Building Code requires that an Architect or Professional Engineer or both, shall be responsible for the field review of any new building or extension, provided for in this Agreement, the Owner shall not occupy or use or permit to be occupied or used, any said new building or extension, until after an Architect or Professional Engineer has given to the Municipality, a letter addressed to the Municipality, and signed by the said Architect or Professional Engineer, certiffing that all construction and/or services on or in the said lands, required for this development or redevelopment, newly installed by the Owner in connection with this development or redevelopment, have been installed and/or constructed in a manner satisfactory to the Architect or Professional Engineer. Staff Report D2011-15 regarding "Growmark Site Plan Agreement / By-Law 2011-032". Page 76 of 185 14. The Municipality, through its servants, offrcers and agents, including it's Chief Building Offrcial, Fire Chiet and Municipal Engineer, may, from time to time, and at any time, enter on the premises of the Owner to inspect: a) the progress of development; b) the state of maintenance as provided for in this Agreement. l5.In the event of any servant, offrcer or agent of the Municipality, determining, upon inspection, that the development is not proceeding in the strict accord with the plans and specifications filed, such servant, offrcer or agent shall forthwith, place a notice requiring all work to be stopped upon the premises and forward a copy, by registered mail, to the Owner at the last known address, on the last revised assessment roll, and the Owner shall forth\À'ith correct the deficiency or deviation. 16. In the event of any servant, offrcer or agent of the Municipality, upon inspection, be of the opinion that the state of maintenance is not satisfactory, such servant, ofücer or agent shall forttrwith, forward notice of such opinion, by registered mail, to the Owner, at the last known address, and the Owner shall forthwith correct the deficiency or appeal to the Council of the Municipality of Bayham, as hereinafter provided. 17. In the event that the Owner should disagree with the opinion of the servant, officer or agent of the Municipality, as to the state of maintenance, such Owner shall appear before the Council of the Mwricipality of Bayham, which after hearing the Owner, shall express its opinion as to whether the maintenance is satisfactory, by resolution, which shall constitute a final determination of the matter. 18.In the event that the Owner shall fail to obey a stop work order issued under Section 17 hereot the Owner recognizes the right of the Municipality to apply to the Courts for a restraining order. l9.In the event that an Owner shall fail to correct a deviation or deficiency after notice pursuant to Section 17 or after notice of an opinion, which the Council of the Municipality of Bayham determines is correct, under Section 17, the Council of the Municipality of Bayham, may by by-law, direct, on default of the matter or thing being done by the Owner, after two (2) week's notice, to it by registered mail, at the last known address of the Owner, pursuant to the last revised assessment roll of passage of such By- Law, that such matter or thing be done by the Municipality, at the expense of the Owner, which expense may be recoverable by action as municipal taxes, or from the Letter of Credit deposited as performance security. Staff Report D2011-15 regarding "Growmark Site Plan Agreement / By-Law 2011-032". Page 77 of 185 20. Unless otherwise authorized, in the event of the Owner wishing to change atany time, the buildings, structures or facilities described in Attachment "Cl" ot "C2", it shall make application to the Council of the Municipality of Bayham, for approval, and shall not proceed with such change until approval is given by such Council, or in default by The Ontario Municipal Board, under the procedure set out in Section 4l of The Planning Act, 1990, herein before referred to. 21. The Owner agrees to pay to the Municipality all administration costs incurred in connection with this Agreement, and the fulfillment of this Agreement, including legal, engineering and inspection costs. 22. LI AB'ILITY INSURANC E Before commencing any of the work provided for herein, the Owner shall supply the Municipality \¡rith a Liability Insurance policy in the amount of $2,000,000 per occrurence, and in a form satisfactory to the Municipality, indemnifiing the Municipality from any loss arising from claims for damages injury or otherwise, in connection with the work done by or on behalf of the o\ryner of the development. The said policy shall be provided at the time of the signing of the Agreement and remain in force, until the development is complete and all required documentation as per Article 15 has been filed \ /ith the Municipalþ. 23. PERFOR]VIANCE GUARANTEE The Owner hereby defines the completion date of this Agreement and project to be on or before December l. 2012. It will be the Owner's responsibility to require, in writing, an extension to this agreemenVproject, within sixty (60) days of the above stated completion date, should an extension be required. As security for the performance and completion of all works required by this agreement, the Owner shall supply the Municipality with a Letter of Credit, equal to . The Letter of Credit will be based on the estimated cost of alterations to public property, roadway, curbs and gutters and drains, and any repairs for damages to public property, roadway, sidewalks, curbs and gutters and drains, plus all site specific components as defined by the Site Plan and Site Servicing Plan, Attachments *Cl" and "C2", which are approved under this Agreement. The amount of the Letter of Credit shall be established by the Municipality. The irrevocable Letter of Credit from a Chartered Bank expressed to be pursuant to this Agreement and payable to the Municipality at any time or in part, from time to time, upon written notice from the nil Staff Report D2011-15 regarding "Growmark Site Plan Agreement / By-Law 2011-032". Page 78 of 185 Municipality, shall be provided at the time of signing of this Agreement, and shall remain in force, until Twelve (12) months following the completion of this project. 24. This Agreement and the provisions thereof, do not give to the Owner or any person acquiring any interest in the said lands any rights against the Municipality with respect to the failure of the Owner to perform or fully perform any of its obligations under this Agreement or any negligence of the Owner in its perfonnance of the said obligations. 25.In the event that no construction on the said lands has commenced within one (l) year from the date of registration of this Agreement the Municipality may, at its option, on one month's notice to the owner, declare this Agreement to be subject to re-negotiation, whereupon the Owner agrees that it will not undertake any construction on the said lands until this Agreement has been re- negotiated. 26.T\e Owner agrees that it will not call into question, directly or indirectly in any proceeding whatsoever in law or in equþ or before any administrative tribunal the right of the Municipality to enter into this Agreement and to enforce each and every term, covenant and condition herein contained and this Agreement may be pleaded as an estoppels against the Owner in any case. 27.The Owner agrees on behalf of themselves, their heirs, executors, administrators and assigns, to save harmless and indemnit the Municipalþ, from all losses, damages, costs, charges and expenses which may be claimed or recovered against the Municipalþ by any person or persons arising either directly or indirectly as a result of any action taken by the Owner, pursuant to this Agreement. 28. All facilities and matters required by this Agreement shall be provided and maintained by the Owner at its sole risk and expense to the satisfaction of the Municipality and in accordance with the standa¡ds determined by the Municipality and in default thereof, and without limiting other remedies available to the Municipalig, the provisions of Section 326 of The Municipal Act, R.S.O. 1990, shall apply. 29. This Agreement shall be registered at the expense of the Owner, against the land to which it applies, and the Municipality shall be entitled, subject to the provisions of The Registry Act,to enforce its provisions against the Owner, named herein, and any and all subsequent Owners of the land. 30. A Certification of Compliance attached hereto as Attachment "8", shall be filed by the Owner, following completion of the development to ensure all details of the Site Plan Agreement have been complied with. 9 Staff Report D2011-15 regarding "Growmark Site Plan Agreement / By-Law 2011-032". Page 79 of 185 IN WITNESS WHEREOF, the Parties hereto have hereupon, afTixed their Corporate Seal, and duly attested to by their authorized signing officers in that behalf. I have the authority to bind the Corporation. TFIE CORPORATION OF THE MUNICIPALITY OF BAYHAM Paul Ens, Mayor Lynda Millard, Clerk Fleet & Facilities Manager TNERS, a division of GROWMARK, Inc. t0 Staff Report D2011-15 regarding "Growmark Site Plan Agreement / By-Law 2011-032". Page 80 of 185 ATTACHMENT 'A' PropertyAssessmentRollNo.: 34-01-000-003-10901 Municþal Address: 55720 Jackson Line Legal Property Description: Concession South Gore Pa¡t Lots 16 &,17, Registered Plan I 1R2320 Parts I & 2 andRegistered Plan I 1R6434 Part l, Municipalþ of Bayharn, County of Elgin 11 Staff Report D2011-15 regarding "Growmark Site Plan Agreement / By-Law 2011-032". Page 81 of 185 ATTACIIMENT'B' THE CORPORATION OF TTIE MUNICIPALITY OF BAYHAM CERTIFICATE OF COMPLIANCE PROPERTY IDENTIFICATION: MunicipatAddress: 55720JacksonLine Property Roll#: 34-01-000-003-10901 Owner(s): Growmark Inc. This document serves to certifu that the development project on the above noted lands has been completed in accordance with the terms and conditions of The Site Plan Agreement ByJaw No. DATED: I HEREBY CERTIFY THAT THE ABOVE DECLARATION IS TRUE AND CORRECT. I have the authority to bind the Corporation. Wiüress Authorizing Signature Print name Address: Phone Number t2 Staff Report D2011-15 regarding "Growmark Site Plan Agreement / By-Law 2011-032". Page 82 of 185 \ ù F.) a s \J ,s-\ì \r- \ 90' Diameter Bin, 109'Height For Fall 2012 -Property Boundary -Existing Setback -Proposed Setback -Existing Structure S t a f f R e p o r t D 2 0 1 1 - 1 5 r e g a r d i n g " G r o w m a r k S i t e P l a n A g r e e m e n t / B y - L a w 2 0 1 1 - 0 3 2 " . P a g e 8 3 o f 1 8 5 /-rract{r,.øgr " C 2-" i it x it I it II dj B rI E__ N il---- j -ettocated DrivewaY -Designated Parking Area --)> -lnboundTruck Route -)> -outboundTruckRoute fl fl il 'l I I I I I ù iii ¡rËEt. Èrfi ãlåqë! så¡ åËi$ ãã-eíE: s; --r aâ;és t^âråË T1 { 11 ,Hl j11i lTi Åi Staff Report D2011-15 regarding "Growmark Site Plan Agreement / By-Law 2011-032". Page 84 of 185 ? CORPORATION OF THE MUNICIPALITY OF BAYHAM STAFF REPORT TO: Mayor & Members of Council FROM: Planning Coordinator/Deputy Clerk SUBJECT: Froese Amended Consent Applications E20 -23lIl DATE: Apr.13,2011 FILE: D10.ll Froese NUMBER: D2011-16 Purpose To consider amended consent applications for the creation of four new lots on Light Line. Background On March 24th, Council considered and defened four consent applications received from the Elgin County Land Division Committee submitted by John Froese proposing to sever four parcels each 1861.55 sq.m. (0.46 acre) and retain approximately 13.5 hectare (33.2 acre) parcel. The subject lands are described as Concession 3 Part Lots 14 & 15 Registered Plan 54, southside Light Line, west of Plank Road. The subject land is designated "Residential" in the Official Plan and zoned Village Residential - Holding tRl(h)l in the Zoning By-law No.2456-2003. The reason for deferral was to request the applicant to amend Appendix 'A' of the applications to recognize two existing barns within 300 metres of the subject lands. Staff & Planner Comments In review, regarding municipal servicing, the lots are located within the Village of Vienna outside the municipal serviced area and require private servicing of both private wells and septic beds. When municipal services are extended to this area of Vienna, these and all other properties along the servicing route, will be required to connect resulting in decommissioning of private services. Regarding drainage, staff continue to recommend an engineered municipal drain to be installed at the property owner's expense to provide proper surface water management for these proposed lots and future development. The entire subject lands are designated and zoned for residential use. Staff and the planner are concerned with an incremental approach to development. Without a conceptual plan showing future road and lot patterns, the lands are subject to poor design that can lead to diff,rculties for the municipality in capital project planning (i.e. water/sewer servicing, municipal drains, roads) and servicing. It is strongly suggested that the owner proceed by way of a plan of subdivision or at a minimum submit a conceptual plan of subdivision including these four lots. Appendix 'A' was amended at the request of the municipality. The revised forms indicate there are two barns within the 300 metres of the subject lands: . Appendix 'A' Barn #1 located at 55374 Light Line is not being used for livestock presently but is capable ofhousing 50 - 60 head ofbeef. . Appendix 'A' Barr:'#2located at 55336 Light Line indicates the barn is not being used for livestock presently and is not capable of being used for livestock, however, lists hens, ducks and pigeons being present. Staff Report D2011-16 regarding "Froese Amended Consent Applications E20-23/11". Page 85 of 185 Staff Report D2011 - 1 6 Froese page2 ** Further clarification with the applicant's agent confirmed that Barn #2 is presently being used for livestock - 40 hens, 50 ducks and20 pigeons. Subsequent to the March 24th council meeting, discussions with the planner clarified the application of the Minimum Distance Separation I. Our Zoning By-law Section 4.56.I states: "Mìnimum Distance Separation I shall be applied to any proposed development in all zones, excluding any hamlet or village zones." MDS does not apply to these applications due to the subject lands and barns are located within the "village residential" zoÍte. The recommended conditions include the standard requirements for the creation of a lot in the municipality pertaining to the municipal water policy, civic numbering, lot assessments and rezoning to remove the holding provision, which will be based on the positive results of the other conditions. Attachments 1. One Consent Application representing four applications E20 - 23lll 2. IBI Group Memorandum dated March 3I,20Il 3. Aerial map Strategic Plan Goal(s) Goal # 6 Provide and encourage attractive lifestyle choices. RECOMMENDATION "THAT Council recommend to the Elgin County Land Division Committee the four consent applicationsB20-23111, submitted by John Froese, be granted with each application subject to the following conditions: 1. copy of the final survey be provided to the municipality 2. $500 cash-in-lieu parkland dedication fee payable to the municipality 3. conceptual plan of subdivision 4. municipal lot assessments subject to municipal approval 5. grading plan for the entire lands subject to municipal approval 6. municipal drainage works subject to municipal and authorizing agencies' approval 7. water quantity testing report subject to provincial standards on each proposed lot 8. water quality testing report for nitrates and bacteria content subject to provincial standards on each proposed lot 9. purchase of municipal civic numbering signage from the municipality 10. road access permit subject to municipal approval 11. rezoning to remove the holding provision Respectfully submitted, Planning Coordinator/Deputy Clerk Staff Report D2011-16 regarding "Froese Amended Consent Applications E20-23/11". Page 86 of 185 No,0b9(J L )4t APPLI.AT.N FoR.o*.qotffi *-Ê o llr ; 1. ¿.Name of Owner Address Telephone Number Name of owneÈs solicihr or authorized agent Address Telephone Number Please speciff to whom all communications should be sent: Owners ( ) Soticitor (å) ngent 1{ 3. (a) Type and purpose ofproposed tnansactioir: (check appropriate space) .Tiansfer: creation of a new lot Other: charge addition to a lot easernent ¿,fte. - lease conection of tifle s- other purposo (b) Name of person(s), if known, to whom land or interest in land is to be transfeÍred, Ieased or charged:IrJnhv. + [[.r, u-go r'¿t ffo¿s-e . . '_(c) lf a lot addition, identif,T the lands to which the parcel will be added: Descríption of lan curate Megsurements in Metilç) /¿fè\,öTm ^Frontage áO"t¡M_ ¡,,ea .o ?á H.*, Exisring use proposeo use ß,, i ll inJ, le Ê. Number and use of buildings and struo'tures (both exÌsting and proposed) on the land to besevered: 6 '*#f,ft¡ütil$' (a) Location of land: Municipality-Ræ' Lot(s) No. Name of Street /,'L SheetNo. (b) Are there any easerients or restric.tive covenants affecting the subject fand? Yes ( ) No ()0 If Yes, describe the easement or covênant and lts effect: Existing Uso ?.nul, "..n concession rvo. 3 , . '{L ¡i Resistered rr^nÐ ')^<1, . ,J 450SuÆiÞdve 51.Thom¡s,0n NSR5V1 PhÞnE: sLg 631-1460 M,Èl€Ímurñr¿n.Ë Number and use of buildin RECEIVED FËB242OII Staff Report D2011-16 regarding "Froese Amended Consent Applications E20-23/11". Page 87 of 185 7. 8. Ma r, l. 2(J I I 9:204M -2- Number of new lots pro¡- ,Jo lnot including retainod lots) Type of access for proposed and retained rot (check appropriate space) ltlo,0b9() l. 4 TYPE Provinoial Highway Municipal road; maintained all year' MunicÍpal road, seasonally maintained Other pubtic road RlghtOf Way Water access 9. fll*n::o u,l|1t-ìjl by wate¡ what boat dockins and partins faciliries.are avaitabte on rhemainland? (specify) What type of water supply is proposed: (check appropriate space)wPE PROPOSED LgT Publicly owned and operated piped water system ( ) Privately owned and oþerated ind¡vidual weil ( K ) Privatety owned and operated commqnalwell ( ) Lake orotherwaterbody ( ) Other means (speciñ7) 10' What type of sewagé disposar is proposed: (check appropriate spaoe)TYPE PROPOSED LOT Publicly owned and operated sanitary sewage system Privately owned and operated individual septictank llyillfy owned and operated communarseptic system Privy Other means (specify) when willwater suppfy and sewage disposar services be avairabre? , \'{,nn rleu<f .rpn"en* , what is the Existing ffciar prax designatio¡(s), if any, of rho suË¡ect rand? ø{LÏrCt I Zoning, if ¡ny, of the subject land? 'â-f *rfo///, () (x) () () 12. 13, 44.l": lf,ç :ubiËd þnd eve¡be9n ìrre! yo¡oa or "n "o[subdivision or a consenr under the prahi¡"é Ãòtz ' ' v"ï i.-) -'- ñ; a' i ' '"üñi*o*n (r() 15. lf Yes, and known, provide the application filo number and the decision made on the application lf this applicatìon is a r+submission of a previous consent applioation, describe how it has beenchanged from the originat appti atiôn Has the owner previously severed any land from this holding?Yes( ) No1p() '16. (a) Staff Report D2011-16 regarding "Froese Amended Consent Applications E20-23/11". Page 88 of 185 lVlar, 1, 2()ll 9:204M No' 0b90 P' 5 ) -3- i (b) lf the answer to (a) is Yes, please indicate previous seve¡?nces on the required sketch and supply the following information for each lot severed: Grantee's name Relationship (if any) io owner Use of parcel Date parcel created 17, ls the owner, solicitor, or agent applying for additional consents on this holding simultaneously' with this application, or considering applying for additional consents in the future? Yes (O /rt¿r¿. No ( )*- 18. ls the subject fand cunently the subjeot of a proposed official plan or official plan amendment that has been submitted to the Minister for approval? yes () No (<ì lf Yes, and known, specify the Ministry file number and status of the application - 19. ls the subject land cunently the subject of an application for a zoning byJaw amendment, MinisteÉs zoning order amendment, minor variance, or approval of a plan of subdivÌsion? Yes () No êí lf Yes, and known, specifrT the appropriate file number and status of the application 20. Is ihe appfication conslstent with policy statements issued under subsection 3(l),of the planning Act?Yesild No()¿ 21, ls the subject land within an area designated under any provincial plan or plans? Yes ( ) No(V lf yes, does the apptication confom to or conflict with the applioabte provincial plan or plans 22. SKETGH: The application shall be accompanied by a sketch showing the following; - the boundaries and dímensions of the subject land, the part that is to be severed and the part fhat is to be retained; - the boundarles and dÌmenslons of any land owned by the owner of the subject land andthat aþuts the subject land; - the distance between the subjeoi land and the nearest township lot line or landmark, such as a railway crossing or bridge: ' the location of all land previously severed from the parcel originally acquired by the cunent owner of the subject land; - the approximate locat¡on of alf natural and artificialfeatures on the subject land and gdjgcent lands that in th.e opinion of the applicant may affect the appiication, such as buildings, railways, roads, watercourses, iliaÍnage ditôhes, river orstream banks, wetlands, wooded areas, well and septic tanks; - the exÍsting use(s) on adjacent tands; - the location, width and name o! any roads wifhin or abutting the subjeôt land, indicating whether il îs an unopened road allowance, a public travelle-d road, a prívate ioad or a ñghiofway; - if aicess to the subject land is by water only, the location of the parking and boat doct<ing facilitie¡ to be used; - the looation and nature of any easement affecting the subjeot land. Staff Report D2011-16 regarding "Froese Amended Consent Applications E20-23/11". Page 89 of 185 24. lllar, l, 2011 9:204M AFFIDAVIT OR SWORN DECI.ARATION No, 0590 P, ó -4-lr )The owner/ApplicanVAg-,r{¡gqbt authorizes Land Division Committee rnembers and theCorporation of the county of Elgin staffto enter onto ü¡ã iuoiãciËlãpãrtvi"r tre purpòsËãrSite inspections with resþect to this application. Tlre Leplr.canUOwner/.\gent here d in thisApplication pursuant to Section rdrrreåoánîãilnñrmãt¡on "na fiåjl"'*Boards. lM" ortn" ot K t / in the Gounty of solernnly declare that altthe information contaÍned in this apþlicãüon ís true, and IAA/e make thissolemn declaration cons^oientiously beìieving it to be tru", ah'o linówing that it is of the same force andetfec't as if made under oath ana 6y virtue ú tnà cANAdA EvroEñöË Àcr. DECLARED before me at the agent rnust It is required that one copy of this applicafion beliled, together with one coppof the sketch desoribed,with the responsibte persón, accomþän¡eJ ¡yãtee oi - $750.00 in cash or by cheque made payable to TREASURER, couNry oF ELGIN An additionat fee of g2s0.oo wilt be charged for affixing the consent stamp. of in the Staff Report D2011-16 regarding "Froese Amended Consent Applications E20-23/11". Page 90 of 185 APPENDT* ,,o,, * l Em rJ Ar/D The County of Elgin Land Division Committee requires that, in addition to the "Application f9r Consent", the following information be completed for all applications: 1. Are there any barns located within 300 metres of the subject of this application?Yes($ No() lf the dnswer is 'YES" are these barns:i) Now used for livestock? yes ( ) No (X)¡i) Capable of being used for livestock? yes ([) ruo ( ) NOTE: lf you answered "YES" to #1. PLEASE COMPLETE THE DATA SHEET BELóW TO BE COMPLETED BYAPPLIGANT AGRICULTURAL CODE OF PRACTICE FORMULA ONE DATA SHEET TO CALCULATE THE MINIMUM DISTANCE SEPARATION REQUIREMENTS FOR NON-FARM USES ESTABLISHING OR EXPANDING IN CLOSE PROXTMTTYTO EXIST|NG LTVESTOCK BUILD|NGS l ln order to calculate the minimum distance separation, the following information is required for each livestock facility within 300 metres of the proposed severance and located on a separate lot: iJr urE ptupuÐvu ÞËvsl.áiluc aát¡u tuualeu uf I a ücfjalale lot: j u/t .åPR t + 2oti TOWNSHIP .E ': hJ. ^.rrl tot u/4 coNc. I TILLABLE HEGTARIS (where tivestock facitity located ) I j Type of Livestock Maximum Housing Capacity Number per Year Manure System Horfsing System cþeck type DAIRY0 Cows0 Heifers0 Calves Te Free Stall Loose BEEF0 Cows0 Calves0 Feeders0 400-750 lb.0 400-1100 tb.0 750-1100 rb {c- 6a \/ Open lloluv , Confine- ment SWINE0 Sows0 Boars0 Weanlings0 Feeders POULTRY0 Laying Hens0 Breeder Flock0 Pullets0 Chicken Broilers0 Turkey Broilers0 Turkey Hens0 Turkey Toms0 Roasters MtNK - Fomalae On Floor HORSES S¡{FFP - Rqmq F. Frrucc FTÂRRITS VFÂI (ÌAI VFS ôTHtrR N,IANIIRF STôRAGF.I DRY SEMI€OLID LIQUID Open Pile Covered Pile Open Pile Storage with Buck Walls Covered Tank Open Earth Sided Pit Above Ground Uncovered Tank Below Ground Uncovered Tank Staff Report D2011-16 regarding "Froese Amended Consent Applications E20-23/11". Page 91 of 185 APPENDT* *A, #h Gnrert) The County of Elgin Land Division Committee requires that, in addition to the 'Application fór Consent", the following information be completed for all applications: ër) r 4 2Blî 1. Are tres of the subject of this application? A,rr. r+/, lf thi) yes (X"''t'*^["*tl, t ii) yes (.' N. Ni TO BE COMPLETED BYAPPLIGANT I i I I I ln order to calcLllate the minimum distance separation, the following info requireO ltor each livestockracilitY .-/ t l-¡n<-' TOWNSHIP LOT /coNc. 5 (where livestock facility located) /l facilitv -"o/* l-it"<-' NAME rle'Éuo¡¡r 4%Y66ß2-7 NOTE: lfyou answered "YES" to#1. PLEASE COMPLETETHE DATASHEET Type of Livestock Maximum Housing Capacity Number per Year Manr rre Syste 'n Housing System check type DAIRY0 Gows0 Heifers 0 Calves Tie Sta Free Stall Loose BEEF0 Cows0 Calves0 Feeders0 400-750 lb.0 400-1100 lb.0 750-1100 tb. oper &B ern Total Confine- ment SWINE0 Sows0 Boars0 Weanlings0 Feeders POULTRY R Laying Hens0 Breeder Flock L/o {o 2c) caf ¡ed ( On Floor X x- HORSES SlltrtrP-RamqRFr¡roe F¡ÂFIFIITS VFAI l1AI \'trS ôTI{FR DRY SEMI-SOLID LIQUID Open Pile Open Pile Covered Tank Above Ground Uncovered Tank Below Ground Uncovered Tank Covered Pile Storage with Buck Walls Opèn Earth Sided Pit Staff Report D2011-16 regarding "Froese Amended Consent Applications E20-23/11". Page 92 of 185 Mar 1 AUTHORIZATION (Please see note below) To: Secretary-Treasuref Land Division Committee Corporation of the County of Elgin Description and Location of Subjeci Lands: &n#ss,on 3 /-o/s i4 <'tr Ø,w sy' lM/e' the unders¡gned, being the registered owne(s) of flre above lands hereby authoize (1) my behalf to the County of Elgfn Land Division Commirtee;(2) any hearing(s) of the aiptication; anO - - - (3) or materiafre'quireo Uy tì\e land'Oiv¡sion Commiftee relevant to the Please Print Names in Block Letters Below Signatures 2011 9:2lAM N0,0590 P. I ) 4 nor.¡cHTtoYJS - Datedatlhe- ilwlltu'pn¿ny' , o¡ . KAy¿rlrn- - ttr¡s ¡Qrub dayot .6lru,+rl/ 20 // Y"* ":-: -.SignatuÉ of Owner Signature of Owner NorE; This form is onlv to be used for applications, which are to be signed by somoone other.thanthe owne(s). Signature of lMtness RECEIVED FEB0420ll Staff Report D2011-16 regarding "Froese Amended Consent Applications E20-23/11". Page 93 of 185 llla r. l, 201 I 9: 24Ail1 ú fl u 0 0 èr dnr D Ð c) 0 I É l+* n E66 ffi o @ Ø - r,^roeÅs 'n - ,'lolr3e /I + Staff Report D2011-16 regarding "Froese Amended Consent Applications E20-23/11". Page 94 of 185 lBl Group 203-360 Oxford Slreet Wost London ON NBH 113 Canada tol 6194727328 lax.6194729354 Memorandum To/Attentlon From SubJect Municlpality of Bayham Council Date March 31, 2011 Tamara Tannis, MCP, MCIP/RPP ProJect No 3404-501 Consent Applicatlon 820111 - F,23111: Lot Severance Pt. Lots 13 & 14, Concession 3 (Froese) The applicant proposes to sever four (4) resldontlal lots, each 1,861 m2 (0.5 acres) in area, from a 13.5 ha parcel of land. The subJect lands are located in Vlenna, on the south síde of Llght Llne, west of Plank Road. The proposed severed lots are part of a 13,5 hectare (33 acre) remnant farm parcel localed along Light Line that ís a cultivatable field void of any natural vegetatlon. The retalned lands contain cultivatable fleld with 0.05 ha (500m1 of wooded area centrally located on lhe parceland with (0,15 ha) 1500m'¿of naturalvegetation (athibuted to the Big Otter Creek) in the southern area of the property. Lands to the east and west include agrlcultural uses, to the north a mix of rural resldentlal and agrioultural uses, and to the south, natural vegetatlon. The subject lands are not currenlly servlced by Munícipal water/sewage servicæs. Municípal water servicing ls available east of the slte at Soper Road while sanitary servicing ís avallable southeast of the site on Plank Road, south of Old Mill. The subJect lands are deslgnated "Residontial' as per Section 4.4 Villages, in the Muntclpatl$ of Bayham Official Plan, The primary use of land is for single-detached dwelllngs. Sectlon 4.5.1.1 states that the village of Vienna has the capablllty of accommodating this type of development on full municipal seryices, including plped water and sewerage facillties. The proposed severence meets several crlteria set out in Sectlon 4.4.1.6 in that the proposed lot dimensions are conslstent with surrounding lot patterns, the natural features are not Impacted, and vohicular access ls available from an existing road. Tho remalníng criteria may be dealt with through conditions of the severance, such as cash-in-lieu payment for opon space based on 5% of landa belng subdivided (Sectlon 4,4,8.7) and provision of servicing and storm-water management through a Development Agreement with the Munioipality. Once the Munlclpallty ls satisfled that the outstanding 1. 3. 4. lBl Group ls a grcup of f flns provldlng prolesslonâl 6eMces and ls all¡llalod with lBl Group Archltôcls Staff Report D2011-16 regarding "Froese Amended Consent Applications E20-23/11". Page 95 of 185 lBl Group i/lomolandum Munlc¡pality of Beyfiem Councll 7. criterla have been met, as per Sections 4,4,2.4 and 4.4,2.5, such as meeting all conditions of any Development Agreement, the Holdlng symbol may be removed, The subJect fands are zoned Village, Residential I Holding (R1thD in Zoning By-law No. 2456-2003. Permitted uses lnclude slngle-detached, seml-detached, duplex and group home dwelling unlts. The R-1 zone requires the following minimum lot dimensions: 800 mt lot area, 20 m lot frontage, and 40 m lot depth, Each proposed sevored lot wlll have a lot area of 1,858 m2, a lot frontage of 30.48 m lot frontage, and a lot depth of 60.96 m. The proposed severed lots meet the R1 zonlng regulations for lot dimensions, The appllcation for the four severed lots generally complles wlth the Village Resídential pollcles of the Official Plan and the zonlng regulatlons of the R1 zone in the Zoning By- law Although the Official Plan pollcies permit the severance of 5 or less lots without a plan of subdivislon, the concern remalns that the Iandowner may continue to submit consent applications to sever 5 or less lots for the remainder of the retalned lands. Such incremental development may resuft in poor subdivision design in the long term, as well as dlfflculties wlth capital project planning, specifically the provlslon of water/sewage servlcing, As a result, it is shongly suggested that the appllcanUlandowner submlt a conceptual subdlvlslon plan to the Munlclpality detailing the proposed internal road layout and general lot patterns and land uses for the retained lands to ensure the future orderly development of the property. A plan of subdivision would be preferred. The Committee of AdJustment may determlne that approvlng the consents is premature glven that water and sewage serviclng is not currently provlded to the subject lands. lf the Committee of AdJustment approves the applicatlon for the severance of the 4 resldential lots, we would suggest that the following conditions be added: That the applicant enter lnto a Development Agreement with the Munlcipality through the municlpal englneerlng departrnent, detalllng, but not llmited to, municipal serviclng provlslon and stormwater management, That the applicant provlde, to the satlsfacÌlon of the Municipality, a conceptual plan of future road and lot patterns and land uses for the retained lands; or a plan of subdivlslon, That cash-ln-lleu of open space be provlded based on 5o/o ol lands being subdlvlded, unless such is provided at the time of applicatlon for a Building Permit. a) b) c) Staff Report D2011-16 regarding "Froese Amended Consent Applications E20-23/11". Page 96 of 185 lBl Omup lrlomorândum Muntclpâlfty of gâyham Coundl lBIGROUP Tamara Tannis, MCP, Mo¡P/RPP Consultlng Planner to the Munlclpality of Bayham d) That the Holdlng symbolwill not be removed from the severed or retalned lands untll such tlme as munlcipal wator and sanltary/sewage servlclng ie avallable to each of the 4 severed lots. e) That any purchaser of the sovsrod lots be notlfied of the Holdtng provlsion and informed that development may not occur until such lime as water/sewage servicing is provlded and the Holding symbol ls removed. {S Staff Report D2011-16 regarding "Froese Amended Consent Applications E20-23/11". Page 97 of 185 ll¡kiEl¡Þ olAtyhñ 'Froese Consent Appl. 820 - 23111 t $ iot I il Tt t It Legend Local Arterial Highways i^I c {- r^ tór,m cLl Ì r^ pr(rpo:¿s crnly Ñc'1- ¿Jru-^ lo ıc-¿r l<- 1: 8,065 Notes 3 Part Lots 14 &'15 Req Plan 54 T-,] Èr '' T I i..:- .r-".h ì lc':*\ã r o.4 0 020 0 4 Kilometers,,1 @ Latitude Geographics Group Ltd This map is a user generated static output from an Internet mapping site and is for reference only Data layers that appear on this map nlay or may not be accurate, current, or otheMise reliable THIS I\¡AP IS NOT TO BE USED FOR NAVIGATION S t a f f R e p o r t D 2 0 1 1 - 1 6 r e g a r d i n g " F r o e s e A m e n d e d C o n s e n t A p p l i c a t i o n s E 2 0 - 2 3 / 1 1 " . P a g e 9 8 o f 1 8 5 b Communíty and Strategic Planning P. O. Box 1614,21 Reeve Sfreef Phone: 519-539-9800 o Fax: 5194214712 Web: www.county.ortord.on.ca Our File: 32T-09004 A.pn' 14,201'l Ms. Donna Hemeryck Clerk Town of Tillsonburg Town Centre Mall, 2nd Floor Tillsonburg ON N4G 547 Dear Donna: Re: Draft Aporoval of Plan of Subdivision File Number: 32T-09004Municipality: Town of TillsonburgLocation: Part Lots 1 & 2, Concession 5 North of Talbot Road (Middleton) Owner/Applicant: TownofTillsonburg The above draft plan of subdivision has been approved by County Council, March 9, 2011, subject to the conditions and amendments attached herewith, pages 1 lo 4. A copy of the plan endorsed to this effect on this 14th day of April,2O11, is enclosed. Pursuant to Section 51 (39), of the Planning Acf, R.S.O. 1990, as amended, any person or public body may, not later than the 4th day of May, 2011 appeal the decision, the lapsing provision or any of the conditions to the Municipal Board by filing with the County of Ortord a notice of appeal that must sef ouf the reasons for the appeal, accompanied by the prescribed fee of $125.00, payable to the Minister of Finance. Only individuals, corporations or public bodies may appeal decrsions in respect of a proposed plan of subdivision to the Ontario Municipal Board. A notice of appeal may not be filed by an unincorporafed assocration or group. However, a notice of appeal may be filed in the name of an individual who is a member of fhe association or group on its behalf. Pursuant to Section 51(43), the applicant or any public body may, at any time before the approval of the final plan r¡f subdivision, appeal any of the conditions imposed by the approval authority to the Ontario Municipal Board by filing with the approval authority a notice of appeal. When the survey has been completed and the final plans prepared, sufficient paper/mylar copies to satisfy the requirements of the Land Titles Act should be forwarded to this Department along with a diqital file in an 'e-transmit CAD file' format. lf these comply with Correspondence dated April 14, 2011 from Oxford County regarding "Draft Approval of Plan of Subdivision". Page 99 of 185 File Number 32T-09004 April14,2011 Page2 the terms of approval and we have received an assurance from the Municipality and other agencies outlined in the conditions that the necessary arangements have been made to comply with the conditions of draft approval, the plan will be endorsed by the County and dispatched directly to the Land Titles Office. Y'n tI h, MCIP, RPP Corporate Manager oc Town of Tillsonburg Clerk Tillsonburg Director Comm. Serv. LPRCA MMAH Tillsonburg Manager of Engineering CNPublicWorks Tillsonburg Director Operations CPR Tillsonburg CBO Tillsonburg Dir. of Deüt & Comm. Bayham Township Tillsonburg Fire Chief OPP Tillsonburg BIA Tillsonburg Dev't Commissioner Canada Post Tillsonburg Director Operations MOT London /tb Correspondence dated April 14, 2011 from Oxford County regarding "Draft Approval of Plan of Subdivision". Page 100 of 185 File Number 32T-09004 The County conditions and amendments applying to the approval of the final plan for registration of the subject plan of subdivision are as follows: NO. 'l . CONDITIONS This approval applies to the draft plan of subdivision submitted by the Corporation of the Town of Tillsonburg (32T-09004) and prepared by CJDL Consulting Engineers, dated December 3, 2010, shown as Plate 2 of Report No. 2011-47 and comprising Part of Lots 1 & 2, Concession 5 North of Talbot Road (Middleton), in the Town of Tillsonburg and showing two (2) blocks for industrial development, two (2) blocks for future industrial development, two (2) natural heritage blocks, one (1) block for stormwater management purposes, two (2) blocks for road allowances, two (2) blocks for future road allowances, and nine (9) blocks for 0.3 metre reseryes, subject to the following modifications prior to the submission of the final plan for registration: 0 The visibility triangles to be transferred to MTO shall be defined as B/ocks on the final plan. The owner agrees in writing to satisfy all requirements, financial and otherwise, of the Town of Tillsonburg and the County of Oxford regarding the construction of roads, installation of services, including the water, sewer, sidewalks and drainage facilities, and other matters pertaining to the development of the subdivision. The owner agrees in writing to satisfy the installation of the electrical distribution system, and all requírements, financial and otherwise, of Tillsonburg Hydro lnc. Such easements as may be required for utility or drainage purposes shall be granted to the appropriate authority. 2. 3. 4. 5. The subdivision agreement shall be registered to the satisfaction of the Town of Tillsonburg against the title of the lands to which it applies. 6. All 0.3 metre (1 foot) reserves (Blocks 14-20) shall be conveyed to the Town of Tillsonburg, free of all costs and encumbrances, to the satisfaction of the Town. 7. Prior to the signing of the final plan by the County, all lots and blocks shall conform to the zoning requirements of the Town of Tillsonburg Zoning By-Law. Certification of lot areas, lot frontages, and lot depths shall be obtained from an Ontario Land Surveyor retained by the developer, to the satisfaction of the Town. L Prior to the final approval of the subdivision plan, the subdivider shall receive confirmation from the County of Oxford Department of Public Works that there is sufficient operational capacity in the water and sewage system to service the plan of subdivision. 9. The subdivision agreement shall make provision for the assumption by the County of Oxford of the water system and sewage system within the draft plan subject to the approval of the County of Oxford Department of Public Works. 10. The owner agrees in writing to satisfy Union Gas Limited with respect to the necessary easements and/or agreements required for the provision of gas services for the subdivision. Correspondence dated April 14, 2011 from Oxford County regarding "Draft Approval of Plan of Subdivision". Page 101 of 185 File Number 32T-09004 Paoe2 11. 12. 13. 14. 15. 16. 17. 18. The subdivision agreement shall contain provisions that a detailed stormwater management report be reviewed and approved by the Town of Tillsonburg, Long Point Region Conservation Authority and the Ministry of Transportation and further, the subdivision agreement shall include provisions for the owner to carry out or cause to be canied out any necessary works in accordance with the approved plans and reports. The subdivision agreement shall contain provisions that prior to grading and issuance of building permits, that a grading plan and an erosion and siltation control plan be reviewed and approved by the Town of Tillsonburg and the Long Point Region Conservation Authority and further, the subdivision agreement shall include provisions for the owner to carry out or cause to be canied out any necessary works in accordance with the approved plans and reports. That, if required, permits are obtained from the Long Point Region Conservation Authority pursuant to Section 28 of the Conservation Authorities Act prior to any filling, grading, or construction occuning within a regulated area. That the subject lands be suitably zoned to reflect the following: i. An 'H' holding provision be included on Blocks 3 & 4 in order to ensure that development of these lands does not occur until such time they are merged with future industrial lands as the subdivision expands to the east. ii. An 'H' holding provision be included on Blocks 1-4 in order to ensure that development that does not meet the requirements of County Sewer Use By-law #2719-87 or, that has projected water flows greater than 25,000 litres per day, does not proceed prior to the proponent providing information regarding activities and operations of the proposed development to the satisfaction of the County of Oxford Public Works Department. That prior to final approval, the owner shall close and physically remove the existing private entrances to Highway 3 on either side of the proposed municipal road (Clearview Drive) and the highway right-of-way shall be restored to the satisfaction of the Ministry of Transportation (MTO). That prior to final approval, visibility or'daylight'triangles measuring 15m x 20m located either side of Clearview Drive South shall be conveyed by deed to MTO, free and clear of all mortgages, liens and encumbrances. These blocks must be illustrated as Blocks on the final plan for registration. A draft of the final plan for registration must be submitted to MTO for review. Draft of the transfer of deed and certification of title conveying the parts to MTO must be submitted for the Ministry's review and approval prior to being registered, to the satisfaction of MTO. That prior to final approval, a 0.3m reserve(s) extending across the entire highway frontage, íncluding the visibility triangles identified in Condition 16 (with the exception of the proposed street entrance) shall be conveyed by deed to MTO, free and clear of all mortgages, liens and encumbrances to the satisfaction of the MTO. That prior to final approval, the owner shall submit to MTO for review and approval, a copy of a Traffic lmpact Study indicating the anticipated traffic volumes and their impact upon the intersections of Highway 3 and Clearview Drive South. The owner should be aware that any highway'improvements identified from the review and analysis of the Correspondence dated April 14, 2011 from Oxford County regarding "Draft Approval of Plan of Subdivision". Page 102 of 185 19. File Number 32T-09004 Page 3 study will be the financial responsibility of the owner and constructed in accordance with MTO policies, standards and specifications and a LegalAgreement will be required to be entered into between MTO and the owner. Development driven highway improvements are subject to MTO's Class EA process, to the satisfaction of MTO. Prior to the signing of the final plan by the County of Oxford, the Ministry of Natural Resources (MNR) shall provide written confirmation that all issues relating to the Endangered Species Act as it pertains to the subject lands have been addressed to the satisfaction of the MNR. Prior to the signing of the final plan by the County of Oxford, the Ministry of Environment (MOE) shall provide written correspondence that all issues relating to the former landfill sites on the subject lands have been addressed to the satisfaction of the MOE. Prior to the signing of the final plan by the County of Oxford, the owner shall submit an archaeological assessment report for the subject lands, and through avoidance or documentation/excavation mitigate the development impacts to significant heritage resources found, to the satisfaction of the Ministry of Culture. No demolition, grading or further soil disturbances shall take place on the subject property prior to the issuance of a clearance letter from the Ministry of Culture to the County of Oxford indicating that all archaeological assessment and/or mitigation activities undertaken have met licensing and resource conservation requirements. Prior to the signing of the final plan by the County of Oxford, the owner shall agree in writing to satisfy the requirements of Canada Post Corporation with respect to advising prospective purchasers of the method of mail delivery; the location of temporary Centralized Mail Box locations during construction; and the provision of public information regarding the proposed locations of permanent Centralized Mail Box locations. Prior to the signing of the final plan by the County of Oxford, we are to be advised by the Long Point Region Conservation Authoritythat Condition Numbers 11 to 13 (inclusive) have been met to their satisfaction. The clearance letter shall include a brief statement detailing how the conditions have been satisfied. Prior to the signing of the final plan by the County of Oxford, we are to be advised by the County of Oxford Public Works Department that Condition Numbers 8, 9, and 14 have been met to their satisfaction. A clearance letter shall include a brief statement for each condition detailing how each has been satisfied. Prior to the signing of the final plan by the County of Oxford, we are to be advised by the Town of Tillsonburg that Condition Numbers 1 , 2, 4 to 7 (inclusive), 1 1, 12 and 16 have been met to their satisfaction. A clearance letter shall include a brief statement for each condition detailing how each has been satisfied. Prior to the signing of the final plan by the County of Oxford, we are to be advised by Tillsonburg Hydro lnc. that Condition Number 3 has been met to their satisfaction. A clearance letter shall include a brief statement cietailing how the condition has been satisfied. Prior to the signing of the final plan by the County of Oxford, we are to be advised by Union Gas Limited that Condition Number 10 has been met to their satisfaction. A 20. 21. 22. 23. 24. 25. 26. 27. Correspondence dated April 14, 2011 from Oxford County regarding "Draft Approval of Plan of Subdivision". Page 103 of 185 File Number 32T-09004 Paqe 4 clearance letter shall include a brief statement detailing how the condition has been satisfied. Prior to the signing of the final plan by the County of Oxford, we are to be advised by the Ministry of Transportation (MTO) that Condition Numbers 4, 11,14, 15 and 17 have been met to their satisfaction. A clearance letter shall include a brief statement detailing how each condition has been satisfied. Prior to the signing of the final plan by the County of Oxford, we are to be advised by the Ministry of Culture that Condition Number 21 has been met to their satisfaction. A clearance letter shall include a brief statement detailing how the condition has been satisfied. Prior to the signing of the final plan by the County of Oxford, we are to be advised by the Ministry of Natural Resources (MNR) that Condition Number 19 has been met to their satisfaction. A clearance letter shall include a brief statement detailíng the condítion has been satisfied. Prior to the signing of the final plan by the County of Oxford, we are to be advised by the Ministry of Environment (MOE) that Condition Numbers 11 and 20 have been met to their satisfaction. A clearance letter shall include a brief statement detailing how each condition has been satisfied. Prior to the signing of the final plan by the County of Oxford, we are to be advised by Canada Post that Condition Number 22 has been met to their satisfaction. A clearance letter shall include a brief statement detailing how the condition has been satisfied. This plan of subdivision shall be registered by March 9,2014, afterwhich time this draft approval shall lapse unless an extension is authorized by the County of Oxford. 29. 31. 32. 34. Correspondence dated April 14, 2011 from Oxford County regarding "Draft Approval of Plan of Subdivision". Page 104 of 185 AY NO' BLocl-? 'ãtocr ts (oh ROBERI REDLING 18 io-ïät"**l 19 ffi.ttt**l HIGHW ',.':..fe 0 o KEY PLAN SCALE ¡ ]5OOO DRAFT PLAN OF BUSINESS PARK PART OF RTF. PLAN 41R-8326 PART OT LOTS 1 AND 2 CONCESSION 5 NORTH OT TALBOT ROAD GEOGRAPHIC TOWNSHIP OF IúIDDLETON MUNICIPALIry OF THE TOWN OT TILLSONBURG COUNTY OF OXFORDìr------' I%:*l..ll", CIIRRENf ¡cncurrun¡-__---! FORMER LANDFILL CURRENT lcatcuLrunr \; rNF@!^nd RE@|RE0 U@€R gCrON 5r (r7JG THE UNNNC ACI RSO I99O (^) B@No^toEs (B) SnEErS: (c) KEY 4N: \ :,å'. i"cË\ :-P \ .t i :;lFt.-t \\ (0) PURPOS FG LOfS CoWERCT& rwsnre (E) US G ADJAGNI uNos: ^5 $m (F) oMEN9N d PRæOSÊo LOIS âS goh (C) NAruRI & ÆlFlClAL FEAMES: AS $Oñ (H) NÁIURÊ ç WÁER SUPRT VWrdP[(rl NÀruRE 6 sd!S: vÄto^BLE (J) EX|S¡NC Cdr@RS: (K) MUNTCp^r *VCÊS (LJ 1Oñ f Ì[SdgUR6 FOÁL ftÁN m ZilrNG RESn|CIffSÆASUENIS: ÄS SOtr SURVEYOR'S CERTIFICATE LOT 1 CON 5 NIR I HERESY ERÍFY IHAI NE B@NDMIES f ùE LNOS fO EEqBÙvæo (8ru L|NES HffEd) N0 mrR ELAndSnlP IOfrE AOJARI TNS ÆE ÂCdRAELY ANO CMRECIY SOM r ( \ I i t t\ t\':ì¿- DAEo: 2010 LEGENO DRru€ (@ .SÛER 2@) NIÑO LÄND SEYM DISINCES SOh ñ THIS fuAN ARE IN IEIRES NDCN BE CNEREO IO FEEÍ BY TVOINC BY O IO]A BÄS PN AD I@OCRAPHIC CdIdRS FRq AER{ PHOI@ÆHY CdFÉO BI N@ùTAY gRWY COæMANN LlulEo, lmd¡O - ^PRIL l97l: ERTnED BY, REæNÌ romilo c& $R€E CJ DL CddlthgÉEhc.dÐFtud 0904 1r sPf 2@95 NOv 2010E I DEC 2010 ..tÌ'i['¿!'^3"- ffiE-eet's 1.x¡'gpffis'{1 AREA SUMMARY BLOCK DESCRIPTìON AREA (ho) TO4 COMMERC¡AL, INDUSRIAL r5-32 5,6 ROÀD ALLOWANCES lo 7, 1 FUÍURÉ ROAD ALLOWANCE 068 SIORMWÄ'TER MANÂG€MENT AREA 31 9,-10.CONSERVATlON 3E9 t2,13 MTO RESERV€S oor TOTAL 241 Correspondence dated April 14, 2011 from Oxford County regarding "Draft Approval of Plan of Subdivision". Page 105 of 185 Page 106 of 185 1 CORPORATION OF THE MUNICIPALITY OF BAYHAM STAFF REPORT TO: Mayor & Members of Council Report Date: April2l,20ll CouncilMeeting: April 2l,20ll FROM: Drainage Superintendent Report: DR¿011-005 File #: EO9 Richmond Outlet Municipal Drain SUBJECT: Richmond Outlet Municipal Drain: - ReApportionment pursuant to Section #65 of the Drainage Act Regarding Comelius Teichroeb Severance #E5ll09 & E50/09 Purpose: This report seeks Council approval of a Section l*65 Drainage Act reassessment for severed lands lying within the watershed of the Richmond Outlet Municipal Drain. Bacþround: When a severance of land takes place on property assessed to a municipal drain, problems can result if Section #65 of the Drainage Act is not addressed at the time of the severance (or at least prior to the commencement of any future maintenance or improvement). When a municipality does maintenance and or improvement on its drainage works, it must assess costs fairly against all properties within the drainage area as defined by the appropriate By-law. Therefore when a severance takes place on land that has a drainage assessment two issues should be addressed, namely: (a) If there is drainage assessment against this land, the assessment must be apportioned between the new parcels; (b) If the municipal drain actually passes through the severed land, the new owner may have to allow a working space for machinery operation or spreading of excavated material in the event maintenance and/or improvement is required and should be notified of same. Failure to keep the Drainage By-law up-to-date with respect to apportionment of assessment, or failure in keeping landowners advised of their obligations, can result in disputes, extra costs and serious delays when maintenance and/or improvernent is required. Staff Report DR2011-005 regarding "Richmond Outlet Municipal Drain". Page 107 of 185 Staff Report DR20l l-005 Council Meeting: Apnl 21, 2011 APPORTIONMENT OF ASSESSMENT PURSUANT TO THE DRAINAGE ACT: In accordance with the Drainage Act (Section #65) there are two options available to deal with the matter of apportioning an assessment. OPTION #1: Section #65 (l): Council may appoint an Engineer to apportion the assessment currently showing in the Engineer's Report, among the parts into which it is divided. This method normally takes longer and is more costly. Engineer fees will be assessed against the parties involved in the severance. This method should be used in the case of a subdivision or when landowners cannot mutually agree on the apportionment of assessment. OPTION #2: Section #65(f): The owners of the subdivided land may enter into an agreement on the apportionment of the assessment contained in the Engineer's Report. This written agreement is completed by the Drainage Superintendent, executed by the landowners, filed with the Clerk and is subject to Council approval. This method is more desirable in most instances since it allows the landowners to mutually agree on apportionment of assessment. Costs are kept to a minimum and approval of apportionment can be done very quickly. Landowners should normally be allowed to use this method, especially in cases where only one or two parcels are to be severed. Staff Comments: 1. Pursuant to Comelius Teichroeb Severance E5ll09 and E50/09 Part I of Reference Plan I lR-9030 and Part 2 of Reference Plan 1lR-9030 were severed from a portion of Part Lot I10, Concession 7. 2. The Teichroeb property is assessed to the Richmond Outlet Municipal Drain. 3. Martin and Emily Gazendam a¡e currently the owners of the severed parcel identified as Part I of Reference Plan l lR-9030. 4. Kelly and Emily Gazendam are currently the owners of the severed parcel identified as Part2 of Reference Plan l lR-9030. 5. The landowners have all agreed to the Drainage Superintendent's reapportionment of assessment as contained in the executed "Agreements between Property Owners for Drainage Apportionment due to Land Severance or Sale" attached hereto. Strategic Plan Goals: Goal #1: Practice responsible financial management. Staff Report DR2011-005 regarding "Richmond Outlet Municipal Drain". Page 108 of 185 Staff Report DR20l l-005 Council Meeting: April 21, 20Il Attachments:o Agreements between Property Owners for Drainage Apportionment due to Land Severance or Sale as executed by Cornelius Teichroeb.o Draft By-law #2011-034. Recommendations: THAT Staff Report DRi¿011-005 regarding apportionment of assessments contained within the Richmond Outlet Municþal Drain be received; TIIAT the Drainage Superintendent's reassessment as set out in "Agreements between Property Owners for Drainage Apportionment due to Land Severance or Sale" as executed by Comelius Teichroeb and Martin and Emily Gazendam are hereby filed and accepted by Council; THAT the Drainage Superintendent's reassessment as set out in "Agreements between Property Owners for Drainage Apportionment due to Land Severance or Sale" as executed by Cornelius Teichroeb and Ketly and Emily Gazendam are hereby filed and accepted by Council; AND THAT By-law #2011-034 being a By-law to amend the drainage assessment for those lands identified as Assessment Roll #34-01-000-007-05210, Assessment Roll #34-01-000-007- 05205 and Assessment Roll #34-01-000-007-05215 in the watershed of the Richmond Outlet Municipal Drain referred to in Engineer's Report forming part of the Municipality of Bayham By-law 2008-023, as amended, be presented to Council for enactment." Respectfully submitted, Drainage Superintendent Staff Report DR2011-005 regarding "Richmond Outlet Municipal Drain". Page 109 of 185 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW 20ll-034 BEING A BY.LAW TO FT'RTIIER AMEND BY.LAW 2OO8-023 AS AMENDED BY BY-LAW 2008-085, 2009-022 and 2011-020 BEING A BY-LA\ü TO PROVIDE FOR THE RICHMOND OUTLET MT]NICIPAL DRAIN of Bayham ByJaw 2008-023 enacted on the 3d 085 enacted tíre ¿ú day of Septe,nrber, 2008 as of March, 2009, as amended by By-law 20ll- ded for the consfruction of the Richmond Outlet Municipal Drain; and for the levy assessments upon lands and roads to which the Richmond Outlet Municipal Drainage works is chargeable; AND WIIEREAS a portion of lands falling within the watershed of the Richmond Outlet Municipal Drain have been severed and as such it is necessary to reapportion the drainage assessment affecting those lands affected; AND WIIEREAS "Agreements between Property Owners for Drainage Apportionment due to Land Severance / Sale" as prepared by the Bayharn Drainage Superintende,lrt have been accepted and duly executed by the current property owners of those retained and severed lands; AND \ilIIEREAS the Council of the Corporation of the Municipality of Bayham now deems it necessary to reapportion the assessments contained within the assessment schedules attached to By-law 2008-023, as amended; NOW THEREFORE THE CORPORATION OF THE MT]NICIPALITY OF BAYHAM HEREBY ENACTS AS FOLLOWS: l. THAT the assessment contained in Spriet Associates Engineer's Report dated December 31,2007 affecting property identified as Roll Number 34-01-000-007- 05210 for lands located within part of I,ot I10, Concession 7, with a watershed valued at 1.5%o shall be reapportioned as follows: SeveredProperty: AssessmentRoll#34-01-000-007-05205 Legal Description: Part I on Reference Plan 11R-9030 Part Lot 110, Concession 7 Drainage Apportionment: Valued at 0.06Yo Severed Propert)¡: Assessment Roll #34-01-000-007-05215 Legal Description: Part 2 on Reference Plan l lR-9030 Part Lot 110, Concession 7 Drainage Apportionment: Valued at 0.06Yo Staff Report DR2011-005 regarding "Richmond Outlet Municipal Drain". Page 110 of 185 Bayham By-law #201 I -034 Remaining Property: Assessment Roll #34-01-000-007-05210 Legal Description: Part 2 on Reference Plan llR-6644 Part Lot 110, Concession 7 Drainage Apportionment: Valued at 1.38% 2. THAT the apportioned costs of any future maintenance work authorized by the Council of the Municipality of Bayham and carried out under the supervision of the Drainage Superintendent on the Richmond Outlet Municipal Drain shall reflect the reappofionment in Paragraph #l herein. 3. TIIAT the reapportionment of drainage assessments as set out in Paragraph #1 herein will cease when Council accepts a new Engineer's Report assessing this portion of the Richmond Outlet Municipal Drain. 4. Effective Date: This ByJaw comes into full force and effect on the passing thereof. Read a first and second time this 21st day of April,20ll. Mayor Clerk Read a third and final time and passed this 21st day of April, 2011. Mayor CIerk Staff Report DR2011-005 regarding "Richmond Outlet Municipal Drain". Page 111 of 185 AGREEMENT between PROPERTY O\üNERS for DRAINÄGE APPORTïONMEM due to LAND SE\æRANCE or SALE DraiaageAcf RS.O. 1990, ChapterD.lT, Sectim 65 THIS AGREEMENT is betwccn CORI.¡ELruS ]EICHROEB (cuncnt gopøty owners of retained parcel) and MARTINGAÆNDAI\,f & EMILYGAZENDAT\4 (currørt propcrty owners of swercd parcel) for the cost apportionmqrt duc to thc scvcrancc or salc of laad in the following mrmicipal drainagc system: Rlchmond Outlet Muntcþal Draln byBayham ByJaw 2008423 ORIGINALPROPERTY: (assessmcot identifiçd i¡ Fngineer's Rcport dated Dcccmber 31, 2007): Assessment Roll Numbcr : 34-01-00040745210 Legal Description Drainage Apportio¡ment ; Part I¡t I10, Concæsioa 7 Pt 2 of llR-6644: Watcrshed 8.7 acres Valued at l.So/o REVISED DRÄINAGE ASSESSMENT SEVERED PROPERTY: Assessment Roll Number : 34-01-0004074520s Lcgal Description : PART I of llR-9030 Part Lot 110, Concæsion 7 Drainage Apportionmcat : Watcnhed 0.32 acres Valued at0.06% REMAININGPROPERTY: Assessment Roll Numbcr : 34{l{00-00745210LegalDæcription : pART2 of llR-6644 Pa¡t I¡t 110, Conccssion 7 Drainage Apportionmeût : Asscssod Value l.3g% whcn a new Enginea's Rcport ir acceptod by Couocil on of thc abovc notcd mrmicipal drainagc syst.n theso ncw apportionments by oamæ as the propcrty ownen of For Roll #344 I 40040?-052 I 0 (Signaturc of Cornelius Tcich¡oeU) DATED: for Roll #3441 (Signaturc of Witness) DATED: È{ ,1Á '?{t, Staff Report DR2011-005 regarding "Richmond Outlet Municipal Drain". Page 112 of 185 AGREEMENT between PROPERTY OWNERS for DRÀINAGE APPORTIO¡IMENI due to LAND SE\¿ERÄNCE or SALE Drainage Act RS.O. 1990, Chaper D. I 7, Section 65 TIIIS AGREEMENT is between CORNELruS TEICHROEB (current prcperfy owners of retained parcel) and MARTINGAÆNDAM& EMILYGAÆNDAT\4 (cunent property owners ofsevered parcel) for the cost apportionmeirt due to thc severance or sale ofland in the following municipal drainage system: Richmond Outlet Municþ¡l Dr¡ln by Bayham By-l aw 2008Q23 WE' the partiesof this Agreemør! do hereþ agree that the apportioned costs of any future maintenance work authorized by the Council of the Municþality of Bayham and carried or¡t nnder the zupenrision of the-Drainage Superintendent on the above noted municipal drainage systeü, is to bc lereby AviAea as follows: ORJGINALPROPERTY: (assessmelrt identified in Fnqine€r's Report dated December 31, 2007): Assessme,ntRollNumber : 34-0140040745210 Legal Description Drainagc þportionmclrt : PartLot ll0, ConcessionT Pt2ofllR-6644: Watcrshed 8.7 ac¡es Valued atl.syo REVISED DRAINAGE ASSESSMENT SEYEREDPROPERTY: Assessment Roll Number : 3¿141400407-O52Os Legal Dæcription : PART I of l lR-9030 Part Lot I 10, Concession 7 Drainage Apportionment : Watershed 0.32 acres Valued at0,06o/o REMAININGPROPERTY: Assessment Roll Nr¡mber : 34{l{0040745210 Legal Description : PART 2 of I lR{644 Part Lot I 10, Concession 7DrainageApportionment :AssessedValuel.3g% when a new Enginecr's Report is accepted by Council on ofthe above noted municipal drainagc system. thesc new apportionments by names as the property oumcrs of for Roll #3¿l-01 {00{0745205 (Signaturc of; Martin Gazendamf- (Signature of: Emily Gazendamj DATED: lsignaturc orwitnesg- Staff Report DR2011-005 regarding "Richmond Outlet Municipal Drain". Page 113 of 185 AGREEMENT between PROPERTY OTVNERS for DRÄIN.{GE APPORTIONMEI\IT due to LÄND SEVERI{,NCE or SALE Drainagc Act RS.O. 199Q ChapaD,lT, Section ó5 THIS AGREEMENT is bctwccn CORNELruS TEICHROEB (currc,nt property owners of retained parcel) and KELLYGAZENDAI\4 & EMILYGAÆI'ÍDAI\,Í (oment property owners of severed parccl) for the cost apportionmeot due to thc sevcrance or salc of land in thc following municipal drainagc rystern: Rlchmond Outlet Munlcipal Draln by Bayham By-law 2008423 rüE, thc parties of this furecmcn! do work authorized by the Cormcil of the the Draioage Supcrintendeat on thc ab follows: ORIGINALPROPERTY: (asscssmcat ideotified in F'nqiûccr's Rcport datcd December 31, 2007):AssessmentRollNumbcr : 34Jl{0040745210 Lcgal Description Drainage Apportioîmcnt : Partl¡t ll0, ConcessionT R2ofllR{644: Watcrshed 8.7 acrcs Valued atl,S% RqYIqEp pRATNAGE ASSESSMENT SEVERED PROPERTY: AssessmcntRollñ¡mber :3,1{l-0004074521s Legal Description : pART 2 of I lR-9030 Drainage Appo¡tionmcnt ' i,i#tlåt3:i,Lü'få,1* ", o.ou* REMAININGPROPERTY: Asscssmcût Roll Nr¡mbcr : 3441400401,452\0LegalDesciption : p.{RT2 of llR{6,ta Drainage Apportionment , .ffiHïlir1"t".ff")J* t ç[66 ¡ ¡çry Fngí¡ccr's Rçort is acccpted by CouDcil on of thc above noted municipal draha-gc syú.m" ccpt thcsc nelw apportionmelrts by our nerñcs as the propøty owncrs of For Roll #344 I 400007452 I 0 (Signature of: Cornaius feiffiıi DATED: for Roll #34{ I 400402452 I 5 (SignaMrc ofi Keþ Gazcndam) (Signatnrc of Witness) DATED: Hn¿'z6nt Staff Report DR2011-005 regarding "Richmond Outlet Municipal Drain". Page 114 of 185 AGREEMENT between PROPERTy O\ilNERS for DRAINAGE APPORTIONME¡IT due to LÄI\ü) SEVERANCE or SALE Drainage Act RS.O. I 990, Chapter D. I 7, Section 65 TFtrS AGREEMENT is betwee¡r CORNELIUS TEICHROEB (cunelrt properfy owners of retained parcel) and KELLYGAæNDAM& EMILYGAZENDAM (current property owners ofsevered parcel) for the cost apportionment due to thc severance or sale of land in the following municipal drainage syste,m: Richmond Outlet Municþal Drain by Bayham By-l aw 2008 423 follows: ORIGINALPROPERTY: (assessment idelrtified in Enþecr's Rcport dated Deccmber 31, 2007):AssessmeûtRollNumber : 3441400-007{¡5210 Legal Description Drainage Apportio¡ment : Part I¡t I10, Concession 7 Pt2ofllR-66,14: Watershed 8.7 ac¡cs Valued at 1.5% BEVTSEp pRATNAGE ASSESSMENT SEVERED PROPERTY: Assessment Roll Nr¡mber : 3,141-000-007{l12ls Legal Description : pART 2 of I lR-9030 Part Lot I 10, Concession 7 Drainage þportionment : Watershed 0.32 ac¡es Valued ¿ú,0.060/o REMAININGPROPERTY: Assessment Roll Nr¡mber : 34{l-00040745210 Legal Description : pART 2 of l lR-6644 Drainageþportionment,,lrtes?åt+ï":11ffi.)]*t wha 1 new Engineer,s Report is accepted by Cormcil on ofthe abovc noted municipal drainage system. these new apportionmcnts by names as thc property oumers of for Roll #34{l{00407{5215 (Signature of: fely Cazendan¡ I (Signatr:reof: EmilyCtã¡am) -- DATED: (Signature of Wibress) Staff Report DR2011-005 regarding "Richmond Outlet Municipal Drain". Page 115 of 185 Page 116 of 185 April T, 20LL A request was received from Eileen DeJager, Supervisor Bayham Library, to use the municipal sign to promote celebration of the 75th anniversary of the Elgin County Library System. Both the Bayham Library in Straffordville and the Fred Bodsworth Library in Port Burwell will be open to the public on Aprit 28th. They will be serving refreshments to patrons. O p*"- l 'o o - </: Òo P'rn ' Request received from Eileen DeJager, Supervisor Bayham Library, to use the municipal sign to promote celebration of the Page 117 of 185 Page 118 of 185 a (- /3 (Sample ad notice for publishing) Notice of application for Exemption from Bayham By-Law #2001-57 (to regulate and control noises) Name of applicant: Address: 00Zq Woodworth Rd..Po Telephone # (5191 874-1752 Address of event if different: Description of Sound Source: P.A. from Main Stage and/or Disc Jockey sound system described below. Statement of the particular provisions of the by-law from which exemption is sought: See By-Law #2001-57, Table 3-1, Parts _4 Pertaining to: (details) "the operation of any electronic device or group of connected electronic devices incorporating one or more loudspeakers or other electromechanical transducers and intended for the production. reproduction or amplification of sound." Date(s) and reason for exemption: p.m. to 6 a.m.) Date of Council meeting when application will be considered: ttl21- 2011 Rec'd April 6/1 I File: Word/B/L Enforcement/Noise ControVExemptions F\WORD\By-law Enfo¡cement\l{oise Control\l.lotice of application for exemption Application for Exemption from Bayham By-Law 2001-57 (to regulate and control noises) received from Outback Camping, Page 119 of 185 Page 120 of 185 2010.1't.19 6.3 9050 MUNICIPALITY OF BAYHAM Accounts Payable Royal Bank Cheque Register - O4lOTl2011 0014{7 125il75 oNTAR|O LTD 03114t2011 I 7.22 010267 03118t2011 I 57.13 010267 041071201'1 2:04PM 680219 CUTKEYS 680751 BATTERIES Cheque Amount - 64.35 OOOO23 AAROCAGGREGATES LTD J06496r SAND, GRAVEL 03t29t201't I 2,038.47 010268 Cheque Amount - 2,038.47 OOOO91 BARRYR.CARD 212013-4É. LEC.ALSERVICES OOO154 CANADIAN KOOLWATER 0ø.lo1l2011 I 1,348.66 010269 Cheque Amount - 1,348.66 2& WATERBOTTLES fJ4'10512011 I 46.00 010270 Cheque Amount - 46.00 001294 CANADIAI\¡ RED CROSS SOCIETY 1N00138246 CpR PACI(AGE, F|RSTA|D 03t30t2011 I 1,114.89 010271 Cheque Amount - 1,114.89 OOO158 CANADIAN TODS LIMITED 1111374 TOURTSM STGNAGE - EDTSON O3t14t2011 I 34s.78 010272 1111375 TOURISM STGNAGE - LIGHTHOUSI 03h4nof I 345.78 010272 112801 TOURISM SIGNAGE - MARINE MUS 03/14t2011 I U5.78 010272 Cheque Amount- '1,037.U OOOIOO CORPORATE EXPRESS 2733/p,86 CARTRIDGES ulolnú1 I 14',t.O7 010273 Cheque Amount - 141.07 000263 DINGLE LINE EQUIPMENT SUPPLY 1109 REPA|RS 03t28t2011 I 829.13 010274 Cheque Amount -829.13 000001 DPoc 0ll POSTAGE 04107120'11 I 3,390.00 010275 Cheque Amount - 3,390.00 OOO28O EAST END SUPPLY 0000066910 2.BOLT FI.ANGE UNIT 0312912011 I 223.',t8 010276 Cheque Amount - 223.18 OO17O8 EASTLINK 4pr5r98665521 MONTHLY TELEPHONE 0410112011 I 1,309.91 o1o277 OOO28/. EDROLOSON Cheque Arnount - 1,309.9í Page 1 Cheque Register being Cheque #10267 to Cheque #10344 inclusive, except Cheques #10342 totaling $327,510.84 and Page 121 of 185 2010.11.19 6.3 9050 workboots WORKBOOTS OOO299 ELGIN PURE WATER 0000161273 MONTHLYRENTAL æ0322 EVANS UTILITY 0000í38437 REPAIR POCKET READER OOO427 HYDRO ONE NETWORKS INC MUNICIPALITY OF BAYHAM Accounts Payable Royal Bank Cheque Register - O4lOTl2011 0/.10312011 I Cheque Amount - 0/.10112011 Cheque Amount - 0312512011 I Cheque Amount - 0410712011 2:04PM 145.56 010278 145.56 't14.70 114.70 278.26 010280 010279 Apr0llSl -23005 4pr12650 - 91æ4 þ118850 - 12458 Aprl8971 -44o.27 Apr1897l -52001 Ne52N -95021 4pr34853 - 01007 4pr43850 - 1245'l 4pr50250 - 12458 4pr56450 - 12330 Apr627€p - 43000 Þpr75250 - 12272 Nr87n0-2OO'12 4pr93850 - 12278 Apr9æ50 - 9'1019 Nt93970-203/.2 000446 JACKIE RINGI.AND Marl$Apr'15/1 I 1-7891 I 1-79079 1-79082 1-79171 't-79180 1-79223 1-79297 1-79301 1-79593 UTILITIES - INFO CENTRE UTILITIES. PUMP#8 UTILITIES. PB LIBRARY UTILITIES - METER CHAMBER UTILITIES - BOOSTER PUMP UTILITIES -RICHMOND RD PUMP UTILITIES - BEACH WASHROOMS UTILITIES. PB CENTENNIAL PARK UTILITIES - MARINE MUSEUM UTILITIES - BOAT I.AUNCH UTILITIES. E.C.C. UTILITIES - LIGHTHOUSE UTILITIES - EDISON MUSEUM UTILITIES - FIREHALL UTILITIES. PUMP#7 UTILITIES. V.C.C. 278.26 41.36 010281 95.89 010281 155.73 010281 46.70 010281 106.86 010281 517.57 010281 67.s7 010281 72.57 010281 170.35 010281 41.36 010281 97.24 010281 56.23 010281 77.92 010281 195.53 010281 66.57 010281 855.34 01028'l 04t04P011 0410412011 o4l0/,l20't1 o4tMt2011 Mtut2011 04t0412011 Mto4t2011 o4l0/,l2011 0410412011 04lMnoí MlMnorl o4lul201'l 041041201'l o4tut2011 04ß4nof ulul2011 I I I I I I I I I I I I I I I I OOO51O KIáSSEN AUTO PARTS Cheque Amount - o4to5t20't1 2,6æ.79 791.66 010282MANAGER FEES WORKI.AMP STRAPS ENAMEL BATTERY CLEAT{ER OIL, SEAL, FILTER HEADLA¡\4PS PLUG TIP PLIER Cheque Amount -791.66 35.69 010283 24.43 010283 8.66 010283 5.32 010283 43.25 010283 15.el 010283 21.9 010283 8.80 010283 8.46 010283 03t01120't1 0310212011 03t0212011 03103120't1 03t03t2011 03t04t2ü'l 0310412011 æt0/'r2ü1 o3to9t20'11 I I I I I I I I I Page Cheque Register being Cheque #10267 to Cheque #10344 inclusive, except Cheques #10342 totaling $327,510.84 and Page 122 of 185 2010.'t't.19 6.3 9050 1-80182 1€0550 '1{;0743 1€0966 1€1346 1413/.7 131477 101 10601576 '101't06048s0 101 10607036 101 10607884 50036643 OOO737 RAMONA PEIDL 8763't2 876313 otL otL WPER BI.ADES GEAR OIL SHOP ROLL TORCH TIP CLEAI{ER SUPPLIES SUPPLIES SUPPLIES SUPPLIES REA¡'IER CRYOTOOL MUNICIPALITY OF BAYHAM Accounts Payable Royal Bank Cheque Register - 0410712011 o3116120't1 03t21t2011 0312312011 03t25t20't1 03t30t201'l 0313012011 o3t3'v2011 Cheque Amount - o3125120't1 ChequeAmount- o3t31t2011 I Cheque Amount - 0312412011 I Cheque Amount - 0211012011 02128t2011 ost10t201'l og1ínofi Cheque Amount - o3123t2011 I Cheque Amount - 03t29t2011 03t29t2011 031301201'l 0313012011 I I I I Cheque Amount - 0410712011 2:04PM I I I I I I I 64.95 010283 10.37 0'10283 58.40 010283 29.27 010283 10.15 010283 21.70 0'10283 13.56 010283 OOO5I3 KOOLEN ELECTRIC 16661 SUPPLIES 000526 I.AEMERS TRUCKING LTD Mardrsnowplowing MARCHSNOVWLOWNG 000569 M&LSUPPLY 0000120816 GLOVES 000617 MUDFORD FAMILY FOOD TOVVI{ 380.55 237.24 01028/. 2,067.90 3,610.52 010286 237.24 2,007.90 010285 010290 3,6r0.52 36.08 010287 22.06 010287 9.99 010287 8.38 010287 001480 NEWRO SALES (2004) LTD 682.15 ROTONOZZLE DRAIN 000679 OXFORD SAND & GRAVEL LTD INOOI15292 GRAVEL 1N00115293 GRA\ÆL INOO1I53I8 GRAVEL INOOí15319 GRAVEL 001483 PARTSMASTER CANADA 76.51 278.55 010288 278.55 441.94 010289 772.87 010289 569.97 0't0289 1,545.86 010289 03t30t2011 3,æ0.4r 210.26 MARCH'10 CLEAT¡lNc MONTHLY CLEANING . S.C.C. Gheque Amount -210.26 940.00 0'1029'l 845.00 010291 03t31t2011 0313112011 Page Cheque Register being Cheque #10267 to Cheque #10344 inclusive, except Cheques #10342 totaling $327,510.84 and Page 123 of 185 2010.r1.19 6.3 9050 00668831 000806 SGSCANADAINC 10490101 10490102 10490103 104W774 10491514 MUNICIPALITY OF BAYHAM Accounts Payable Royal Bank Cheque Register - 0410712011 o4to7t20't1 2:04PM 876314 S.C.C. supplies OOO743 RBCROYALBANK MAr45 I 6050004037598 AMTCO Mar451 605000403 7598 CWWA Mar451 60500O4485284 ANNUAL FEE OOOTM REALTAXINC 32119 000796 SANDS CANADA INC./ANGUS Cheque Amount - FARM DEBT NOTICE 2&1-22400 03131120',t1 I Cheque Amount - MEDICAL SUPPLIES 03n9t2011 Cheque Amount - MONTHLY CLEANING . V.C.C. SUPPLIES 0313112011 03t221201',| 643.50 010291 11.30 010291 Cheque Amount -2,439.80 265.5s 010292 565.00 0'10292 12.00 0102C2 o3l2'v20'11 0312412011 03t01t2011 I I I 536.75 1,447.08 010294 u2.55 536.7s 010293 010297 010297 010298 I-AB FEES I.AB FEES LAB FEES LAB FEES tAB FEES 03129120'11 03t29t2011 03129f2011 0313012011 o3t30t2011 I I I I I 1,447.08 424.88 010295 560.48 010295 202.27 010295 894.40 010295 197.75 010295 @0829 SPECTRUM COMMUNICATIONS LTD 00006201 19 REPI.ACE BATTERY 001482 SUN MEDIA CORPORATION DW05217310 PROJECT OJIBWA duplicate payment CREDIT OO'1821 TILLSONBURG RICKS CARPET & FLOORÍNG 005895 SUPPLIES, MATERIAL OOO925 TRILLIUM RAILWAYCOMPANY PCK19O5 SIGNALS OO152O UTIL-EQUIP MANUFACTURING INC I-ADDER INSPECTIONS Cheque Amount - 0312312011 2,279.78 396.69 010296 Cheque Amount - 0312512011 o3l't912011 396.69 121.36 -96.06 I c Cheque Amount - 04t0512011 r 25.30 670.26 Cheque Amount - 0ø,t01t20't1 670.26 638.92 010299 6954 Cheque Amount - 031311201',1 I 638.92 994.40 010300 OOO947 VANDENBRINK FARM EQUIPMENT INC Cheque Amount -994.40 Page Cheque Register being Cheque #10267 to Cheque #10344 inclusive, except Cheques #10342 totaling $327,510.84 and Page 124 of 185 2010.11.'t9 6.3 9050 MUNICIPALITYOF BAYHAM Accounts Payable Royal Bank Cheque Register - 04lOT 12011 Cheque Amount- 0312512011 | o4to7t2011 010303 OlL, FILTERS, AI.¡TIFREEZE 03t0u2011 000969 WESTBURNE RUDDYONTARIO &97478 æ0990 ZAP'STREEAND I.AWN SERVICE REMOVETREES 736.99 16.67 010302 ChequeAmount- 0311612011 ¡ 16.67 2æ.45 Cheque Amount - Cheque Run Total -37,054.78 Page Cheque Register being Cheque #10267 to Cheque #10344 inclusive, except Cheques #10342 totaling $327,510.84 and Page 125 of 185 2010.fi.19 6.3 9050 MUNICIPALITY OF BAYHAM Accounts Payable Royal Bank Cheque Register - 0411412011 Mtoa20r Cheque Amount - 03131120't1 r Cheque Amount - 04t11t2011 Cheque Amount - 03131t2011 Cheque Amount - 0ø.|141201',!2:40PM 43,983.84 0't0304 43,983.84 1.928.28 010305 1,928.28 236.17 010306 236.'t7 1,'t75.20 010307 1,175.20 1,099.65 010308 4s.20 010308 1,'t44.85 447.25 010309 447.25 't,000.00 010310 r,000.00 66.61 0't031I 286.30 010311 2æ.30 010311 508.07 0'10311 44.01 010311 433.64 0'10311 1,602.93 62.59 010312 62.59 3,100.50 010313 69,822.60 010313 62,987.84 010313 OOOO19 AJ. STONECOMPANYLTD 0000099681 BUNKÊR SUITS OOOO23 AAROCAGGREGATES LTD JO65OO6 WNTER SA¡{D, GRA\ÆL 00003'l ADT SECURITY SERVICES CA¡\¡/qÐA 4643/.523 ALARM SYSTEM - OFFICE OOOO78 AYLMERGARDEN CENTRE 145 æ0081 AYLMERTIRE 000007431 1 0000074500 001471 BLUEWAVEENERGY 40923373358647 001822 BOBGREGSON reimburse Cheque Amount - 0/.11112011 I Cheque Amount - LIVESTOCK VALUATION. CALF 0/.N1T2O1,I I 03101t2011 o3lo1l201',l o3t21t2011 0313012011 SNOWPLOWNG INSTALL SKID STEER TIRE WHEEL BAI.AI.ICE CERB 911 BILLING POLICE SERVICES - MARCH 0312412011 03t31t2011 orL Cheque Amount - OOO141 CAIN'SAUTO SALES & SERVICE 9808 LOF, ROTATETIRES 9814 LOF, ROTATE TIRES 9853 CLAlilPS, COOLER, CLEANER 0311012011 9905 REPLACESENSOR 9948 LOF 9963 REPLACE SENSOR, SUPPLIES O3I31I2O1'I Cheque Amount - OOOIOO CORPORATE EXPRESS 27400819 BINDINGS, SEALING TAPE Mna2Ù't1 Cheque Amount - 000212 couNwoF ELGTN tN000029862 tN000029870 1N000029876 APRTL POLTCE SERVTCES 2011 04t04t2011 03t31t2011 03t3'U20't'l Cheque Amount -135,910.94 Page Cheque Register being Cheque #10267 to Cheque #10344 inclusive, except Cheques #10342 totaling $327,510.84 and Page 126 of 185 2010.11.19 6.3 9050 MUNICIPALITY OF BAYHAM Accounts Payable Royal Bank Cheque Register - 0411412011 REIMBURSE CONFERENCE ErcEt MI12I2O11 Cheque Amount - 04t14t2011 2:40PM 429.13 010314 001798 DENIS DUGUAY conference 001690 DOVIILER-I(ARN 143282 143332 143333 143334 143366 143367 143/.20 143/'21 143422 143481 143482 14U83 143505 143506 143507 143v',1 1435r'.2 REG GAS REG GAS DIESEL DYED REG GAS REG GAS ROAD DIESEL REG GAS DYE DIESEL ROAD DIESEL REG GAS DIESEL DYED CLEAR DIESEL REG GAS DYE DIESEL RD DIESEL REG GAS RD DIESEL 429.13 2,115.36 010315 1,307.87 010315 797.89 010315 855.25 010315 978.79 010315 970.24 010315 1,060.49 010315 738.40 0'10315 1,869.34 010315 1.57't.75 010315 599.52 01031s 862.31 010315 467.58 010315 583.32 01031s 1,860.04 010315 645.59 010315 562.75 0103í5 o3t0112011 03lMl2o'l'l 0310412011 03tMt2011 0310u2011 03108/20fi 0311412011 0311412011 0311412011 03t22Í2011 æt242ú'l 03l2a20f 03t25120't'l 0312512011 0312512011 03t29120't1 0312912011 I I I I I I I I I I I I I I I I I Cheque Amount - 0@272 DYNAMIC FLUID PRODUCTS INC t{8809{ CI-AMPS, CRTMPS, BUSHINGS 04106t2011 Cheque Amount - 001616 GILLES THERRIEN BACKHOE SERVICE 465 001270 GORD ROESCH oafc SNAKE TILE - EDEN LINE 04t11t2011 Cheque Amount - OAFC CONFERENCE 04t08t2011 I Cheque Amount - OOO991 HORVATHAUTOPARTS 209093 LETTERING, SIGNS 03t3120't1 Cheque Amount - OO0/,27 HYDRO ONE NETWORKS INC APR5O37O - 20077 UTILITIES - VIENNA LIBRARY Þ,pr00240-14793 UTILITIES-GAR/{GE 4pr06571 - 44066 UTILITIES - METER CHAMBER Ne8799 - 40004 UTTLTTTES - PUMP#1 I I I I 17,W.49 142.75 010316 142.75 282.50 010317 282.50 't,477.æ 010318 't,477.60 278-55 0103'19 uto7t2011 04l0a20rl 0/.t06t20't1 0410512011 278.55 ß9.75 010320 I,038.53 010320 41.36 010320 630.07 010320 Page Cheque Register being Cheque #10267 to Cheque #10344 inclusive, except Cheques #10342 totaling $327,510.84 and Page 127 of 185 2010.'t 1.19 6.3 9050 MUNICIPALITY OF BAYHAM Accounts Payable Royal Bank Cheque Register - 04114120'11 o4t07nu1 0/.t07t20't1 041071201'l 04t06t2011 o4t14t2011 2:40PM 4pr32759 - 34009 4pr35795 - 43000 Ntô2770-20225 4pr68850 - 12275 000217 tBtGROUP 24æ42 UTILITIES - MILTON & WATERLOO UTILITIES - PUMP #6 UTILITIES -VIENNA MEM PARK UTILITIES - PB GARAGE I I I I 1',t.48 010320 6et.64 010320 117.62 010320 125.86 010320 Cheque Amount - o3129120't1 I 3,099.31 s,345.34 010321CONSULTING FEES OOO437 ISWSYSTEMS &SERVICES 365r BATTERIES OO1824 JACOB AND AGAI.¡ETHA PETERS 12 OOO513 KOOLEN ELECTRIC 't6707 16708 't6709 16710 Cheque Amount - o4rt2n011 I 5,Us.34 85.16 010322 Cheque Arnount -85.16 720.00 010323REFUND MINOR VARIAI{CE FEE MI14I2O11 Cheque Amount - STREETLIGHTREPAIR.RICHMON O4rcA2O'11 STREETLIGHT REPAIR - STRAFF O4IO8I2O11 STREETLIGHTREPAIR-VIENNA O4IOU2O11 STREETLIGHT REPAIR - PORT BUI O4IO8I2O1'I I I I I 720.00 203.75 010324 655.63 010324 203.7s 010324 482.13 010324 Cheque Amount - 001825 LEE Al.lD AUDREY BALL 13 REFUND MINOR VARIAI\¡CE 0411412011 I Cheque Amount - 001316 LONDON EMPLOYEE MAR678511 APFYMAY/JUNE CONSULTATIONS O3I15I2O'11 Cheque Amount - OO182O MONARCH REBUILDING INC 54389 P|STON, VAL\Æ 54446 HOSEGUAGE 00062I MUNICIPALWORLDINC Cheque Amount - rN00082863 MUNICIPAL ACT 20I.I 0410512011 Cheque Amount - 000647 NORFOLK DISPOSAL SERVICES 0000169375 GARBAGE DISPOSAL o3t31t2011 I Cheque Amount - 001823 OLDRIDGE PLUMBING 3253 WOMENS WASHROOM PLUGGED O4IO7I2O1'I 833.00 't.5/,5.26 833.00 o't0325 010326 010327 010327 010328 010330 3/,0.28 o4t0'v2011 04107t2011 340.28 173.23 52.73 225.96 129.85 129.85 4',t,'t67.42 010329 41,167.42 101.70 Page Cheque Register being Cheque #10267 to Cheque #10344 inclusive, except Cheques #10342 totaling $327,510.84 and Page 128 of 185 2010.1r.r9 6.3 9050 000679 OXFORD SAND &GRAVEL LTD MUNICIPALITY OF BAYHAM Accounts Payable Royal Bank Cheque Register - 0411412011 Cheque Amount - 03131120't'l 0313112011 0410112011 o4to'U2011 ul04l20'11 o4lo5l20't1 0ø,to6t2011 Cheque funount - 0411412011 2:4OPM tN001 15342 lN00't15343 tN00l't5355 1N001 15356 tN00l 15373 tN00115380 rN00115395 GRAVEL GRAVEL GRA\ÆL GRAVEL GRA\ÆL GRAVEL CLEARSTONE 101.70 491.10 010331 1,917.81 0'10331 606.2s 010331 1,886.86 01033'l 1,88/'32 010331 1,908.78 010331 286.96 010331 Cheque Arnount - OO14a4 PELMOREX MEDIA INC. 111441 LOCAL AREA FORECAST o3l3lnol1 ChequeAmount- 000716 PRAXAIR DISTRIBUTION 11029432 CYLINDER RENTAL 0312512011 I Cheque Amount - OOO747 REID'S PRE.CAST CEMENT PRODUCT 8553 BOSS 2000, COUPLERS, FTLTER O4l1'U2011 OOO79O SAFEW.KLEEN CAI\¡ADA INC 53345619 USED OtL 000796 SANDS CANADA INC./ANGUS 00668297 PROTECTIVE EQUIPMENT OO18O9 SCOTT, PETRIE, BRANDER, 29399 LEGAL FEES - OJIBWA o4rca20f r Cheque Amount - 0410512011 I Cheque Amount - 0313112011 Cheque Amount - 001418 TELUS 015894762033 339.00 25.07 010333 8,982.08 339.00 010332 010334 0'10335 010336 25.07 1,0n.57 1,077.57 1,817.04 1,817.04 300.02 300.02 2,517.64 010337 DOLLAR POOL SAVINGS 0'1589476203312005876 CELL PHONE - G ROESCH 015894762033t6171156 CELL PHONE - G LEMAY 015894762033/617',t294 CELL PHONE - C JOHNSTON 0't5894762033/6't97656 CELL PHONE - A SWANCE 015894762033/6365709 CELL PHONE. PB FIRE DEPT 015894762033/636s787 CELL PHONE - ROADS DEPT I 0I5894762033/6366178 CELL PHONE - STRAFF FIRE DEP'I 0'ts894762033/6366198 CELL PHONE - E BRADFTELD 0312712011 0312712011 03t31t20't1 0312712011 0312712011 03127t2C11 0312712011 0312712011 0312712011 c I I I I I I I I 2,517.64 -179.22 010338 242.',t4 010338 57.18 010338 38.93 010338 53.56 010338 4.86 010338 46.22 010338 44.86 010338 3U.47 010338 Page Cheque Register being Cheque #10267 to Cheque #10344 inclusive, except Cheques #10342 totaling $327,510.84 and Page 129 of 185 015894762033/6366368 CELL PHONE - E ROLOSON 015894762033/63694ô4 CELL PHONE - K KRUGER 0r5894762033/668æs5 CELL PHONE - B BUTLER 0158947620331æ2t249 CELL PHONE - ROADS DEPT 2 015894762033'PAPER BILL FEE OOO889 TILLONCA FLAGS & FI.AGPOLES LTD 1114a10 FI-AGS OO13ô9 TILLSONBURG FIRE &.I1{O2O DISPATCHING SERVICES OOO93O TSCSTORESL.P. 181026127 MENDING PL.ATE, TUBING OOO953 VIENNAHOMECENTER LTD 20't0.11.19 6.3 9050 361562 361880 361975 362018 362130 362259 362287 362311 362325 362340 362372 362393 362492 MUNICIPALIW OF BAYHAM Accounts Payable Royal Bank Cheque Register - 0411412011 0312712011 0312712011 0312712011 03127120't1 0312712011 Cheque Amount - o4t06t2011 I Cheque Amount - o4l1'v201'l Cheque Amount - 0311612011 I Cheque Amount- 04t14t2011 2:40PM I I I I I 3Æ.19 010338 72.94 010338 il.g',t 010338 44.86 010338 2.26 010338 't,256.66 4s.70 010339 445.70 4,578.23 4,578.23 33.79 010340 010341 SUPPLIES SUPPLIES PINE, STAPLES STAKES POSTS, MESH DRYWALL COMPOUND, KNIFE DISH SOAP, SAI.¡DING MESH PAINT. TRAYS, BRUSHES SLEE\Æ ANCHORS TUBE CAULKING, PAINT BRUSHES, TAPE, PHONE JACK CREDIT - PAINT TRAY, ROLLER TREMCI-AD PAINT 33.79 57.42 010342 18,133.00 0103/.2 13.07 010342 83.62 0103/.2 117.98 0103/.2 29.36 0103/,2 21.4 010u2 173.01 0103/.2 5.83 0103/.2 32.28 0103/.2 237.35 0103/.2 -36.13 0103/.2 42.93 0'10342 0310312011 03t14t2011 0311612011 0311712011 03t21t2011 o3t2a2ü1 o3l2a20f 0312912011 03129t20't1 03130t2011 03131t2011 03131120't1 04t0412011 I I I I I I I I I I I c I OOO957 VOTH SALES & SERMCE LTD 0000184936 0000184962 0000184969 0000185072 0000185080 0000185103 00001851 I 1 0000185132 BATTERYTERMINAL FITTINGS, HOSE HOSE, HOSE END I¡BOUR VALVE CHECK FITTINGS, HOSE ENDS, WIRE TIET LEVER, CLUTCH BRACKET ANNUAL SAFETY Cheque Amount -18,911.12 15.U 010343 129.77 0'10343 29.79 0í0343 23.65 010343 15.82 010343 449.49 010343 838.74 010343 483.46 0103ø.3 031031201'l o3lo7l20't1 0310u2011 0312512011 oa2a2ú1 03130t20'11 03t30t2011 0313012011 I I I I I I I I Page Cheque Register being Cheque #10267 to Cheque #10344 inclusive, except Cheques #10342 totaling $327,510.84 and Page 130 of 185 MUNICIPALITY OF BAYHAM Accounts Payable Royal Bank Cheque Register - O4l14nU1 04h4f201l 2:40PM Cheque Register being Cheque #10267 to Cheque #10344 inclusive, except Cheques #10342 totaling $327,510.84 and Page 131 of 185 2010.1't.19 6.3 9050 361562 361880, 36't975 362018 362130 362259 362287 362311 362325 3623ø¡0 362372 362393 362492 SUPPLIES SUPPLIES PINE, STAPLES STAKES POSTS, MESH DRYWATL COMPOUND. KNIFE DISH SOAP, SAT.IDING MESH PAINT,TRAYS, BRUSHES SLEE\ÆAI.¡CHORS TUBE CAULKING, P/UNT BRUSHES, TAPE, PHONE JACK CREDIT - PAINT TRAY, ROLLER TREMCI.¡D PAINT MUNICIPALITY OF BAYHAM Accounts Payable Royal Bank Cheque Register - 0411412011 0411412011 3:l8PM 03t03t2011 0311412011 03116f2011 oa17nu1 03121t2011 03128P.011 0312812011 o3129t2011 03t29t12011 æßor2ú1 03131t201',| ouSlnorl 0/,lo4l20't'l 57.42 01034/, 181.33 010344 13.07 0',10344 8it.62 0't0u4 117.98 010344 29.36 0103¿4 21.Q 0'1034 173.0',t 0103/ø. 5.83 0í0344 32.28 010344 237.35 010344 -36.13 010344 42-93 010344 I I I I I I I I I I I c I Cheque Amount -959.45 Cheque Run Total - OOO953 VIENNAHOME CENTER LTD Page Cheque Register being Cheque #10267 to Cheque #10344 inclusive, except Cheques #10342 totaling $327,510.84 and Page 132 of 185 2010.11.19 6.3 9050 MUNICIPALITY OF BAYHAM M11412011 3:11PM General Ledger Posting Summary Trace: 015041 Report Date= 0411412011 Accounts Payable Voided Gheque Fiscal Year: 2011 PostedBy: SANDRA Posting Pd.: 4 Pqsting Date: 0qÁn011 0l{10G1030 Generalbank 01410G1950 Accounts PayableTrade CDIST invoice inconec{y entered CDIST invoice inconecily entered Void Chq: 10342 MENNA HOME CENTER L Void Chq: 10342 VIENNA HOME CENTER L Total Debits Total Credits Net Posting 18,911.12 -18,911.12 18,911.12 -'t8.911.12 0.00 Page Cheque Register being Cheque #10267 to Cheque #10344 inclusive, except Cheques #10342 totaling $327,510.84 and Page 133 of 185 80Rt¡ HUNICIPALITY OF BAYHAT{ TOT PACKETS - 2 CURRENT 9,510,59 ô\iì ADP CANADA PAYROLL TECHNOLOGIES DAILY UPDATE REPORT COl.IPANY TOTALS ADJUST.CR CURRENT TOTAL 9,3I0.59 2,006.50 4,47A -O2 1 ,011 .37 L6,A06.4A 37 ,sLL.45 37,5I1.45 54,Lr7 .93 116.03 15.06 54,249.04 SERVICE CHARGES RUN: APR 5 20tI N0: F PAGE: 198 HST REG: 100057415 RTO004 COIIPANY PAGE: 3 DÊBIT DATE: APR 6, ?OLL DATE 0F PAY: APR 8, 2011 YTD TOTAL 7O,456.04 FEDL TAX NR TAX PROV TAX L4,733.76 EI CONT QPIP34,?T6.42 CAN PEN QC PEN QC HSF 7 ,4L4.90 0N EHT I.IB HET NL HAPSET L26,82L.L2 TOT STATS CHEQUES 302,L72.27 DEPOSITS US DEPS DED DEPS 3O2,L72.27 T0T NPAY RRSP RTI q24,993.39 T0T PAYRoL 1 ,5E5. 17 SERV CHRG GST 206 -06 HST 430,7A4.62 GRAND TOT UNITS CHARGE L 47.93 YTD ADJUST CHARGE ITE}I 16.50 PAYROLL RUNS L2.OO ? ADJ UST - DR FEDL TAX NR TAX PROV TAX EI CONT QPIP CAN PEN QC PEN QC HSF ON EHT IIB HET NL HAPSET TOT STATS CHEQUES DEPOS ITS US DEPS DED DEPS TOT NPAY RRSP RTI TOT PAYROL SERV CHRG GST HST GRAND TOT 2,006.50 4,47A.02 1,0r1.57 L6,A06.4A 57,5I1.45 37,5I I . 45 54,LL7 .93 r16.03 r5.08 54,249 .04 ITEH UNITS CHARGE SALARIED WORKPAYS 20 53.00 PAY ADVICE FOLD 50 6.60 TOTAL S./C SUBJECT TO HST IS TOTAL PAYROLL DEBIT IS ANALYSIS OF I TEH H0URLY tTIoRKPAYS COURI-ER FEE 1r6.05 UNITS 10 I 54 '249.oq DEBIT INFoRI,IATIoN: 005 o5IOZ t0t19Zs C h e q u e R e g i s t e r b e i n g C h e q u e # 1 0 2 6 7 t o C h e q u e # 1 0 3 4 4 i n c l u s i v e , e x c e p t C h e q u e s # 1 0 3 4 2 t o t a l i n g $ 3 2 7 , 5 1 0 . 8 4 a n d P a g e 1 3 4 o f 1 8 5 â Haltçn March 3I,20Il To the Head and Members of Council: Legislative & Planning Seruices Office of the Regional Clerk 1151 Bronte Road Oakville ON L6M 311 Qto RE: Harmonized Sales Tax (II.S.T.) Revenue and a New Funding Mechanism for Transportation Infrastructure This will confrrm that the Council of the Regional Municipality of Halton, at its meeting held Wednesday, March 30,2011, adopted the following resolution: WHEREAS the introduction of the Harmonized Sales Tax (H.S.T.) on July l, 2010, and its application to gasoline and diesel sales will result in new revenue for the Government of Ontario; and WIßREAS based on 2010 average price levels of gasoline and diesel, and 2009 average consumption levels in Ontario, the Government of Ontario's projected new revenue will be approximately $1.53 billion annually; and WHEREAS the Provincial-Municipal Fiscal and Service Delivery Review identified a transportation infrastructure investment gap between the Government of Ontario and Ontario's municipalities of approximately $3.8 billion; and WIIBREAS a lack of sufficient funding for essential transportation infrastructure construction, maintenance and rehabilitation has created a situation where many of Ontario's municipalities do not have the financial capacity to construct new transportation infrastructure and conduct the maintenance and rehabilitation needed to sustain existing transportation infrastructure; and THEREFORE BE IT RESOLYED THAT the Council of the Regional Municipality of Halton requests that the Government of Ontario consider directing a portion of the revenue rlerived from HST charged on gasoline and diesel sales to a new predictable funding mechanism that will allow Ontario's municipalities to make the critical investments needed to be effective stewards of transportation infrastructure; and FURTHER THAT a copy of this resolution be forwarded to Premier Dalton McGuinty, Hon. Dwight Duncan, Minister of Finance, Hon. Kathleen 'Wynne, Minister of Transportation, Hon. Bob Chiarelli, Minister of Infrastructure, the Ontario Good Roads Association and to CAA South Central Ontario; and The Regional Municipality of Halton HEAD OFFICE 1i 51 Bronte Road, Oakville, Ontario L6M 311 ¡ Tel: 905-825-6000 . Toll free: 1-866-442-5866 . TTY 905-827-9833 . www.halton.ca Correspondence dated March 31, 2011 from the Municipality of Halton regarding "Harmonized Sales Tax Revenue and a New Page 135 of 185 Correspondence dated March 31, 2011 from the Municipality of Halton regarding "Harmonized Sales Tax Revenue and a New Page 136 of 185 ELGIN GROUP POLICE SERVICES BOARD Ghair Douglas G. Gunn Q.C. April 5, 2011 Township of Bayham 9344 Plank Road P.O. Box 160 Straffordville, ON NOJ 1Y0 Township of Malahide 87 John Street South Aylmer, ON NsH 2C3 Municipality of Gentral Elgin 450 Sunset Drive St. Thomas, ON NsR 5V1 Municipality of West Elgin 22413 Hoskins Line P.O. Box 490 Rodney, ON NOL 2C0 Municipality of Dutton/Dunwich 199 Currie Road Dutton, ON NOJ 1J0 Township of Southwold 35663 Fingal Line Fingal, ON NOL I K0 ftt Tel. 519 631-1460 Ext. 161 Fax 519 633-7661 Res. 519 633-1292 450 Sunset Drive St. Thomas, ON NsR 5V1 Municipality of Bayham Municipality of Central Elgin Municipality of Dutton/Dunwich Municipality of West Elgin Township of Malahide Township of Southwold Mayors and Gouncils of the Elgin Group Police Services Board: Re: Policinq Costs - 2011 Although, on the Elgin Group Police Services Board (hereinafter "the Board") I represent the Municipalities of the Township of Southwold, the Municipality of Dutton/Dunwich and the Municipality of West Elgin, I write this letter to all of the member Municipalities of the Board in my capacity as Chairperson. As you are aware, the present contract for police services with the Ontario Provincial Police expires as of the 31't day of August 2011. Historically, the cost of police services has been allocated to the member Municipalities of the Board based upon usage of the services provided which, in turn, is based upon the incident data as completed by the Ontario Provincial Police for each M u nicipality serviced. The last contract for police services was based upon three years of incident data which resulted in a breakdown of costs among the member Municipalities as follows: Correspondence dated April 5, 2011 from Elgin Group Police Services Board regarding "Policing Costs - 2011". Page 137 of 185 -2- Municipalitv Bayham Central Elgin Dutton/Dunwich Malahide Southwold West Elgin Total % Share 13.03% 36.75% 8.71% 13.93o/o 11.82% 15.75% 100.0% The annual cost of police services in the last contract was $5,484,471.00. lt is apparent that the cost of police services with the Ontario Provincial Police, based upon present estimates, will increase substantially. Although you have previously been provided with an estimate of the future cost of police services by Jim Bundschuh, I am enclosing, for ease of reference, a copy of his memo dated the 15th of Decemb er, 2O1O made current to the 1Oth of March, 2011. To be fair to all member Municipalities and based upon the principle of user pay, the cost allocations must be reviewed from time to time and in so doing the Board has been provided with the most recent statistical information available. At the Board meeting held on the 23'd of March, 2011 a number of different approaches to cost allocations were reviewed and I am enclosing a copy of the report that precipitated the decision on allocations. You will note that cost allocations 4A and 48 are based on the average íncidents per Municipality over the course of the last four years for which information in available. Using the most current information, the percentage allocations do vary with the Township of Bayham having the largest increase in incidents reported compared to previous years. At its meeting held on the 23'd of March, 2011, the Board decided to adopt the cost allocation based upon Option 48 which used the four year incident average but migrates the increase over the term of the contract for police services. There was considerable debate over whether or not the Township of Bayham should immediately move to the 18.4% in Option 4A based upon the principle of user pay. To use Option 4A would mean a very substantial, immediate and ongoing increase in the amount to be paid by the Township of Bayham. It is important to recognize that the member Municipalities of the Board are in the Elgin Group to provide the best policing possible as a group on the best financial basis procurable. lt was with a sense of fairness to all in the group that the Board decided that it would be appropriate, on a going forward basis, to adopt the cost allocations set forth in Option 48 on the enclosed cost estimates. Correspondence dated April 5, 2011 from Elgin Group Police Services Board regarding "Policing Costs - 2011". Page 138 of 185 -3- It is also important to recognize that while there are other approaches to cost allocation, the user pay approach would seem to make the most sense of all and that is what your Board has done subject to the changes being implemented over a period of time. Furthermore, this cost apportionment model will be applied to the Board budget for 2011 which is also enclosed for your consideration. The final acceptance of the allocation is, of course, up to the member Municipalities but your Board has, after much debate and discussion and valuable input from Mark McDonald, Brad Fishleigh and Jim Bundschuh, come to the conclusion that the approach set forth in Option 48 is the best. ln an efforl to facilitate a consistent treatment of the Board's recommended allocation model, I have enclosed two sample resolutions for your consideration. I would appreciate receiving your Council's position on this matter by no later that April 30,2011. _- uestions, feel free to contact your representative on rectly. DGG:cmg Enclosed cc: Board Members J. Bundschuh Should unn, Q.C. Correspondence dated April 5, 2011 from Elgin Group Police Services Board regarding "Policing Costs - 2011". Page 139 of 185 FROM: MarkG.McDohatd,Secretary/Administrator DATE: March 17th,2011 SUBJEeT: Various Apporlionment Models for Contract Allocations to Member MuniciPalities lntroduction: The present allocation formula for ihe apporlionment of costs for the OPP contract and the police Service Board budget is based on the number of incídents occurring in each municipality using a three yeal average (to coincide with the then term of municipal councii¡. For example, the 2010 eosiapporlionment using this three year average is presented below: Bayham Central Elgin Dutton/Dulrwich Malahide Souihwold West Elgin 13.03% 36.75o/o 8.71% 13.93o/o 11.82% 15.75% ln December of 2006, the Elgin Group PSB passed a resolution to change the formula to a four year average iÁ keepiñg with the new term of municipal councils. This new quantum *r, "[proved bythe munifipãtities. The effect of this change is presented in a chaÉto follow and will be discussed later, Whenever the Opp contract is renegotiated, díscussion occurs regarding the various options available for cost apportionment. This report provides an analysís of some of the most cornmon options. option #1 - status Qup, depicts ihe costing breakdown using the three.veqr average and is based on [h-"ent;tally with each incident, no matter how involved, receiving equal weight. That is, a domestic dispute occurrence which may involve a large amount of resources to investigãt" ¡r given the same value as a minor motor vehicle accident which may take a relatively short tíme to complete. Option #2 - Weiqhted Assessment, breaks t values from each municipality, This method municipal d to the Present s requiring 9ng i-!. the amoun measure h or ability io pay and is based on the tax base. However, recent arbitrations tend to foius bn the princióle that those who consume the service shall pay for that service. 42_ Correspondence dated April 5, 2011 from Elgin Group Police Services Board regarding "Policing Costs - 2011". Page 140 of 185 ,) Option #3 - Population, simply uses population figures.to apportion costs'' Again' the imp'carions for sorile münicipaiìties råît=*ñ'in'r'iäñóiåi ''åior.ip using this method of "ort rro""iion and poputation ao", noil".*åäiiiv ,;iËiòÞp-*òrrtoað in a commu'ity' option#4Aand49,convertthecurrentoccurrencemethodtoafourvearaverage instead of three "ná'pät"ît' a ptr"t"d-in approach as well' approach over a four Year Period' Perhapsthemostaccurateaccountingofworkl'o^ao.l,':.".nmunicipalitycanbebasedon weighted orrr,,"näå-,iåing the tour yj"i ,verage, uO¡uJåá ánn"ity to reduce spikes' Csnclusion: Given that the 2011 estimate exist without changing the a Recommendation: THAT the Ergin Group psB review the various cost apportionment moders with a view to making , '"rorñì""n.Liion to each äitr-t" pãttìcipating municipalities; and' THAT a determination be made to utirize the three year or four year average as the basis for the calculation' AII of which is respectfully submitted' Mark G, McDonald, Ct''i"t Administrative Officer' -3 3- Correspondence dated April 5, 2011 from Elgin Group Police Services Board regarding "Policing Costs - 2011". Page 141 of 185 #1 - Status Quo (Based on Occurrence Rate - 3 Year Average) Municipality Bayham Central Elgin Dutton/Dunwich Malahide Southwold West Elgin Total % Share 13.03% 36.75% 8.71% 13.93% 11.82% 15.75% 100% Revised Estimated 761,552 2,147,467 509,084 813,728 690,854 920J26 5,842,811 lncrease over 2010 46,706 131,704 31,222 49,906 42,370 56,431 358,339 6.5% 6.5% 6.5o/o 6.5o/o 6.5o/o 6.5% 6.5o/o n#2 - Weiqhted Assessment Municipality Bayham Central Elgin Dutton/Dunwich Malahide Southwold West Elgin otal % Share 12.44o/o 34.11% 8.18% 18,30% 15.52% 11¿5% 100% Revised Estimated 726,846 1,992,983 477,942 1,069,234 906,804 669,002 5,842,811 lncrease over 2010 12,000 1.7% -22,779 -11% 80 0.0% 305,412 40.0% 258,320 39.8 -194,692 -22.5 358,340 6.5 Municipality Bayham Central Elgin Dutton/Dunwich Malahide Southwold Elgin otal Population 5792 12174 3574 7394 4349 5493 38776 #3 - Population % Share 14.94% 31.40o/o 9.22% |s.07% 11.22% 14.17% 100o/o Revised Estimated 872,745 1,834,392 538,534 1,114,136 655,312 827,691 5,842,811 lncrease over 2010 '157,899 22.10/o -191,370 -9.00/o 60,672 12.7% 350,314 45.9% 6,828 1.10/o -36,003 -4.20/o 358,340 6.5% Correspondence dated April 5, 2011 from Elgin Group Police Services Board regarding "Policing Costs - 2011". Page 142 of 185 Option #4A - Based on Occurrence Rate - 4 Year Ave Municipality Bayham Central Elgin Dutton/Dunwich Malahide Southwold West Elgin Total % Share 14.49o/o 36.99% 834% 13.75% 12.02% 14.41% 100o/o Revised Estimated 846,623 2,161,256 487,290 803,387 702,306 841,949 5,842,811 lncrease over 2010 131,777 18.4 145,494 9,428 39,565 53,822 -21,745 358,341 7.2 2.0% 5.2% 8.3% -2.5% 6.5% Option #48 - Based on Occurrence Rate - 4 Year Ave rated over 4 Municipality Bayham Central Elgin DuttoniDunwich Malahide Southwold % Share 13.40o/o 36.82% 8.620/o 13.89o/o 11.87% 15.42% 100o/o Revised Estimated 782,645 2,151,177 503,504 911,274 693,542 900,669 lncrease over 2010 est Elgin 67,799 135,415 25,642 47,452 45,058 36,975 358,341 9.5% 6.7% 5A% 6.2% 6.9% 4.3% 6.5%otal 5.842.811 Correspondence dated April 5, 2011 from Elgin Group Police Services Board regarding "Policing Costs - 2011". Page 143 of 185 Option #54 - Weighted Occurrence Score (2010 data Municipality Bayham ntral Elgin Dutton/Dunwich Malahide Southwold West Elgin Total Rated Scores 1552 4926 1276 1 653 1311 2427 13145 % Share 11.e1% 37.47% L71% 12.58% 9.97% 18.46% 100% Revised Estimated 689,847 2,189,554 567,1 68 734,741 582,725 1,078,775 5,842,811 lncrease over 2010 -24,999 173,792 89,306 -29,081 -65,759 215,081 358,341 -3.5% 8.6% 18.7o/o -3.8% -10.1% 24.9% 6.5% #58 -d Occurrence Rating Score (2010 data) - Migrated over 4 years Municipality Bayham Central Elgin Dutton/Dunwich Malahide Southwold West Elgin Total % Share 12.72% 36.93% 8.96% 13.59% 11.36% 16.43o/o 100% Revised Estimated 743,451 2,157,813 523,474 794,113 663,647 959,876 5,842,811 lncrease over 2010 743,451 4. 2,157,813 7.0% 523,474 9.5% 794,113 4.0% 663,647 2.3% 959,876 11j% 5.842.373 6.5% Correspondence dated April 5, 2011 from Elgin Group Police Services Board regarding "Policing Costs - 2011". Page 144 of 185 ElgrnCoun[y P¡ögrrisslyÊ Iry Nqture Elgin Group - Municipalities Jint Bunclschuh, Dfrector of Financial Servlces Decenrber 15th, 2010 (Revisecl March 10h, 2011) Estimaterl 201 1 Policing Gosts Attached are the eslimated policÍng cosls for 2011 in the amountof $5,642,811 however negotÍalions with the OPPA have result in higher rates, These incieases tre presentecl in the revised estinlate and will be sLrbject to the 2011 reconcilialion. The [:reakdoln to each nrenlbar niunlcipality should be as followsl %:Sharq Es{ìnratecl Policinçr 13,03% 36,750/o E.71o/o 13.93% 11.82% 15.75% 10a% MEMO TO: FROM: DATE: SUBJECT: Municipalitv Bayhanr Central Elgin Dutlon/Dunwich Malahide SoLlth',vold West Elgin fotal Please rlo nothesilate Yours lruly, 735,484 2,073,059 491,658 785,874 667,206 888,630 5,ß42þ11 Revised EstÍmated 761,55? 2,147,467 509,084 8 1 3,728 6Sô,854 920,126 5,842.,81 ,l Increase ovel20j! 46,70ı 131,704 31.222 49,906 42,370 56,431 358,340 [o contact this offìce if you require any additional Ínformatiott, Jr-ßr,oø¿rÁV Jinr B und.schuh Diiectot of Fi¡lalrcial Services tountyof Eþln ¡íô¿..tU 6uñí.s goeúrrùÈfl €r lhh4 oil tl5R 6vl FfrÞ:5ltE l l{tio'tl¡I Correspondence dated April 5, 2011 from Elgin Group Police Services Board regarding "Policing Costs - 2011". Page 145 of 185 ELGIN GROUP POLICE SERVICES BOARD 2OI1 DRAFT BUDGET BAYHAM CENTRAL ELGIN DUÏTON/DUNWICH MAI.AHIDE SOUTHWOLD WESÏ ELGIN TOTAL Municipalitv Bayham Central Elgin Dutton/Dunwich Malahide Southwold West Elgin Total REQUISITION BY MUNICIPALITY ESTIMATED POLICING COSTS ACCOUNT 2010 BUDGET 2010 Forecasted Actual 2011 DRAFT BUDGET % INCREASE/ DECREASE TO 2O1O BUDGET HONORARIUM TRAVEL PROFESSIONAL DEVELOPMENT ADM INISTRATIVE OVERH EAD $9,200 $2,000 $14,000 $2,140 $9,200 $785 $3,221 $4,808 $9,200 $2,000 $14,000 $8,640 o% 0% 0% -24o/o SUBTOTAL PROJECTED SURPLUS $27,340 $0 $18,013 $33,840 $0 -24% TOTAL BUDGET REOU ISITION $27.340 $33,840 -240/ Based on 3 Year lncident Rate Based on 4 Year Average Miorated over 4 Years 2010 Percent 2010 201f Percent 2011 13.03% 36.75% 8.71% 13.93o/o 11.82% 15.75% $3,563 $10,049 $2,382 $3,808 $3,233 $4.306 13/0% 36.82% 8.62% '13.89% 11.87% 15.42o/o $4,533 $12,459 $2,916 $4,699 $4,017 $5.216 $27,340 $33,840 Based on 3 Year lncident Rate Based on 4 Year Average Miorated over 4 Years 2010 Percent 2010 2011 Percent 2011 13.03% 36.75% 8,710/o 13.93% 11.82% 15.75To 9714,846 92,015,762 ç477,862 9763,822 $648,484 s8â3 694 13.40o/o 36.82o/o 8.62% 13.89Y0 11.87% 15.42% $782,645 $2,151,177 $503,504 $811,274 $693,542 $900,669 $5.484,471 s5.842.811 Correspondence dated April 5, 2011 from Elgin Group Police Services Board regarding "Policing Costs - 2011". Page 146 of 185 Sample Resolution #1 THAT the municipality of hereby authorizes and approves of the four-year occurrence method of cost apportionment phased-in over a four-year period (Option #4B) for Ontario Provincial Police contract costs and Elgin Group Police Services Board budget. Resolution #2 THAT the municipality of hereby approves the 2011 budget of the Elgin Group Police Services Board as presented. Correspondence dated April 5, 2011 from Elgin Group Police Services Board regarding "Policing Costs - 2011". Page 147 of 185 Page 148 of 185 Ç (¿) CORPORATION OF THE MUNICIPALITY OF BAYHAM STAFF MEMORANDT]M TO: Mayor & Members of Council DATE: April 18,2011 FROM: Kyle Kruger FILE:F22-71 SUBJECT: Tax Sale Council considered staff report F20l l-05, seeking Council direction regarding the tax sale process for property located at 6220 Plank Road. After discussions regarding the matter, Council requested further information regarding obligations for site remediation and potential timelines. Staff inquired with the solicitor and received information as follows: Vesting the Prope4v The Municipality may receive a clean up order once it becomes owner, and is responsible for costs of remediation. The Environmental Protection Act provides for a deferral of such an order in the case of lands that a municipality acquires where vested under a tax sale. The standard deferral is 5 years. The deferral can be extended in some circumstances, but similarly can be terminated (without notice) in cases such as any danger to health and safety of any person, serious risk of impairment of the quality of the natural environment, and serious risk of injury or damage to any properly or to any plant or animal life. The municipality may reduce (but not eliminate) the possibility of a clean-up order by pursuing a Record of Site Condition. There are a number of activities and costs that would be involved in proceeding with the process of filing a Record of Site Condition. Allowing the Tax Sale to terminate (not carry out vesting) If the province proceeds with an any order, and there is no owner available to respond, it will seek out other targets including for remediation costs. Municipalities are high on such a list. Summary The Municipality may allow the property to vest and manage the risk, with options ranging from clean-up to a standard to allow for more sensitive uses (ie: parkland) to a clean-up that just reduces any prospect for escape. The range of options and estimated costs would need to be investigated with an environmental consultant. The intent of a deferral of an order under the EPA is to encourage municipalities to take management of a problem and find a buyer. There may be more flexibility available to manage a problem at that point than after contamination potentially spreads, as well as potentially more cost-effective remediation. Not vesting the property reduces the immediate prospect of any clean-up order. The risk for an order remains, as does the risk for spreading of the contamination. Staff Memorandum regarding "Tax Sale". File: F22-11 Page 149 of 185 CORPORATION OF TTIE MTJNICIPALITY OF'BAYTIAM CONT'IDENTIAL STAFF REPORT TO: Mayor & Members of Council EROM: De,nis Dugua¡ Treasurer SUBJECT: Tær Sale DATE: Ma¡ch l7,20ll FILE: F22-11 NUMBER: F2011-05 Purpose To receive council's direction regarding a particular properly that has bee,n through the tax sale process. Background Comments As council is aware, the tax sale process has been completed for the Fabco property in Vienna- The te,nder portion of the process closed June 17, 2009. No bids were received. I)iscussion The municþalityhad a tax sale for theproperly on Jr¡ne lTth 2009 nwhich there were no te,nders. Pursuant to section 379(15) of the Municipal Act, 2001, if a Notice of Vesting is not registered within two years of the sale, in this case before June 17th 2011, the Ta"t Arsars Certiñcate will be deerned to be cancelled. Council may chose to readvertise this properfy for sale before June 17th and if the taxes have been written ofl there might be a greater interest in the property if the price was more athactivg council should be advised that it might not have been the only reason the property did not sell. In the past a Gas Station was situated on this propeúy, and Staffdid recommend a Phase tr Environmental Assessment to be undertakeir to detennine if there are anyiszues. "Conclusions of the Phase II assessme,nt indicated impact bypeüoleum hydrocarbons in the vicinity of the former tank nest at the south-west end of the site in ûont of the building. The impacted soil appears to be conceirtrated at or above the water level. It is recommended to complete soil remediation in the pefroleum impacted a¡ea due to the elevated PeEoleum Hydrocarbon conce,nhations and to prevent the potential futu¡e migration ofpetolzum impacted groundwater. The cleanup would include excavation of Staff Memorandum regarding "Tax Sale". File: F22-11 Page 150 of 185 impacted soil and disposal in a sanitarylandfill facility. No conditions that areperceived as risks to human health or the environment were revealed by the investigatiorf' If council would choose to re-advertise the property for salq real tax would have to send out notice (Form 10) to alt the interested parties. Seotion 380.1(2) sa¡'s this notices must go out at least 30 dap prior to the first ad" if council was going to re-advertise, the first ad would have to be in early May which would mean the notices would have to go out in the beginning of April. If council chooses to ves! the Notice of Vesting must be registered on title before fune 17th 2011. Estimated cost for clean up based on 2009 inve.stigation two scenarios: I{orst case scenørto Disposal only300m3 XS225 =67,500 Transportation with 20m3 rolls off : 106,450 Fill in excavation with public worls Crew :3,724.00 Total :SIJ:|ÍA Best Case Scenarío Diqposal only 300m3 X $110 = 33,000 Transportation with 20m3 rolls off :68,950 Fill in excavation with public works Crew = 3,724.00 Total :$ll)5¡62l Taxbreakdown: Penalties : î1,372.41 Princþal :584,836.42 Financingthis write offof ta:reVacquisition ofpropertywouldhave to be done one of two wa¡æ. Council can draw fi¡nds fiom the operation rate stabilization reserve (all other reserves have bee,n allocated/spoke,n for or are not eligible for this fiansaction). Altenrativel¡ council may commit 2011 budget dollars. Staff Memorandum regarding "Tax Sale". File: F22-11 Page 151 of 185 SûategicPlan Goallsì Goal #1 - Practice responsible financial manage'møtt" Goal #7 - Promote excellence in eirvironmental stewrdship. Recommendation: îtAT councll dlrect sttff ttot to Vest the propelty and to let the Tax Anreans CeÉlflcate be deeæd cancelled as of June 17, 2011. Reqpectfullysubmitte{Reviewedb¡ Staff Memorandum regarding "Tax Sale". File: F22-11 Page 152 of 185 CORPORATION OF THE MUNICIPALITY OF BAYHAM STAFF MEMORANDUM TO: Mayor & Members of Council FROM: Kyle Kruger SUBJECT : Dredging Information/Update DATE: April 18,2011 FILE: Council received information and recommendations from the Harbourfront Committee at a special meeting March 74,2011, regarding undertaking the acquisition of hydraulic dredging equipment for use at the Port Burwell harbour. The business plan as presented contemplated hydraulic dredging with in-water disposal at Port Burwell, and also considered providing services to other area ports. At the March meeting, Council directed staff to initiate a proposal to the various required agencies for this type of dredging and disposal location. It was noted that timelines are a difficulty, in regard to initiating acquisition of equipment and commencing dredging to accommodate Project Ojibwa in 2011. Proj ect Ojibwa/Dredging Timelines Though the issue of dredging itself is not exclusively tied to Project Ojibwa, the difficulties with a number of deadlines do relate to that project. Staff asked for a small workgroup to look at the issues and deadlines respecting Project Ojibwa and related dredging, and with that input prepared the attached draft Timeline. The following are brief updates on the status of some of these timeline items: . Elgin Military Museum Lease The Elgin Military Museum legal and/or insurance advisors continue to review a draft lease agreement regarding municipal property. A response is expected at any time. . Planning Studies IBI Group has provided an outline of recommended planning studies in support of proceeding with Project Ojibwa. Currently, a pre-proposal has been submitted to Sandplains for consideration to assist with financing of these studies. The timeline attached may not permit sufficient time to complete the Sandplains application/approval process. . Dredging Agency Comments Staff have circulated a proposal for hydraulic dredging with in-water disposal to the various agencies (including Small Craft Harbours, Fisheries and Oceans, Ministry of the Environment, Ministry of Natural Resources). Though some general discussions have taken place, these agencies have not yet had opportunity to review the matter and provide comment. At the time of writing this memo, staff are attempting to arrange a joint meeting with these agencies. Assistance has been sought from an area engineer to try to assist in facilitating these comments. Staff Memorandum regarding "Dredging Information/Update". File: D06 OJIB Page 153 of 185 . Dredsing Option Itvestigation Much of the options respecting dredging are dependent on items such as agency comments. As such, we are awaiting additional information. . Dredging RFP/Tender Council may consider sole-sourcing the acquisition of dredging equipment, as recoÍtmended by the Harbourfront Committee, or proceeding with an RFP or tender process. In order to proceed with a meaningful RFP, it is suggested that more detail on the municipal requirements may be needed. Many options exist, including for example, ownership vs lease of equipment and in-house vs contracted operation of equipment. In response to some inquiries, staff have sought additional estimates for acquisition and/or operation of dredging equipment, and are awaiting that information. As an additional item for consideration, staff have been advised by a member of the Harbourfront Committee that the IMS Dredges (the supplier the Committee is recommending) is prepared to make the Municipality of Bayham the following offer: "IMS will hold the only new 5012HP Dredge that they have in stock for a deposit of $ 20,000 toward the full price purchase of this dredge. This deposit will be fully refundable if the dredging project does not proceed for any reason by a predetermined date." . Dredging \Morks Again, needed coÍtmencement of dredging works may depend on the method and who carries out the works. In order to obtain the anticipated depths required for Project Ojibwa with the equipment recommended by the Harbourfront Committee, commencing works at the first opportunity in July is required. Others (contracting out), may have more flexibility with larger equipment etc. Other Considerations There are some other considerations that may impact on the decision process that are being pursued, including: . Partner Municipality Discussions Initial discussions have been pursued with other area municipalities hosting port facilities. Interest in participating has certainly been expressed, however participation is unconfirmed at this time, as a number of items need to be reviewed. Therefore, revenues for a municipal owned dredge are also unconfirmed currently. . Insurance Discussions with our insurer indicate that though the municipality is insured with respect to contracting out dredging services (assuming usual requirements that a contractor carry liability insurance continue), performing our own dredging and offering the service to others is not considered a normal practice. As such, a separate policy would likely be required. It is expected that such a policy could be obtained, but at this time the expected costs are being investigated. Staff Memorandum regarding "Dredging Information/Update". File: D06 OJIB Page 154 of 185 Project Ojibwa/Dredging Timelines - Draft April 6, 2011 Item April 1234 May June July123412341234 August1234 October Notes 12341234 EMM Lease Aqreement Lease Public Consultation Planning Studies Outstanding SandPlains Appl Dredging Agency Comments Dredging Approvals Dreding Option lnvestigation Dredging Works Emergency Planning/Coord operator training or contract out operations Partner M unicipality discussions confirmationlnsurance Dredge fabrication EMM Lease inclusion Ability to meeUmaintain depth for Ojibwa arrival timeframe ibwa depth confirmation Divestitu re d iscussions Other ltems of Consideration for Contractinq Dredqe Costs Availabil ity of Contractors jibwas depth confirmation Divestuture d iscussions S t a f f M e m o r a n d u m r e g a r d i n g " D r e d g i n g I n f o r m a t i o n / U p d a t e " . F i l e : D 0 6 O J I B P a g e 1 5 5 o f 1 8 5 Page 156 of 185 CORPORATION OF THE MUNICIPALITY OF BAYHAM STAFF MEMORANDUM TO: Mayor & Members of Council DATE: April 18,2011 FROM: Kyle Kruger FILE: SUBJECT: Municipal Assistance Applications 201 I Council considers the applications for Municipal Assistance annually, usually in concert with or immediately following the Municipal budget. With the delay in presentation of the proposed budget to Council for 2011 as compared to previous years, some questions have arisen regarding expected assistance. At this time, Staff do have the attached summary of applications prepared. Council may wish to review the information and determine if there is any interest in proceeding prior to budget completion. For information, the 2010 budget included $6,000 for festivals grants, $7,900 for general assistance grants, and $3,375 for the IPM pulled from the Tourism and Marketing special projects budget. Staff Memorandum regarding "Municipal Assistance Applications 2011". Page 157 of 185 Page 158 of 185 Municipal Assistance Applications Summary - 201I March 201I (as amended) ADt licent lurpose ofAssistance ü Reoucat !æ Wr¡Yer Stâfl Support Facilitv Use Otber Notes 2010 Support Prov¡ded Aylmer & Eæt Elgin Agriailhrol Soc. +NEWappliutionr To assist in 5 evenls for tlre Aylmer comunity $ 2,000 2010 Fi¡mcial stâtement + Copy ofByJaws + Events listings forms (3) N/A ?tyham Community Iniîiativæ To help buy fruits & vegecbles for the Pt Buwell PS Brealdast Prognm to enha¡ce leaming for students s 1,000 2010/l I Statement of Revenue & Expenditures 2002 - $300 2003 - $500 2004 - s500 2005 - s500 B øyham His tori ca I So ci ely Preseruation of history + acquire artifacts rclating to Bayham Yes - Use of Municipal Office for monthly mtgs, storage at Edison Museum-+ mwum staffioom for BHS stüdent & researchers working off season File cabinet, file folders, paper, envelopes, use ofphotocopier and supplies 2010 Geneml Ledger & Financial Report p¡oYided + Events listing form Use of Municipal Office formontÏly meetings, sùorage in Edison Museum, filt cabine! file folders, envelopes, supplies, use ofphotocopier and supplies + 1 used computer & supplies \rlham Histortul Society -'EDISONFEST To bring community together though this event & increase ¡evenue for New Edison Muem Building Fmd. Gmt to be used to hfu€ entertainers, bouncers & supplies for Edisonfest $ 2,0fi) Use of Vienna Memorial Park (incl. picnic Þbles & orange cones). Use ofa few tables & chairs fiom VCQ + possible use ofVCC in case ofbad weather day ofFesl + 2 portable w/r & I bandwashing sation Yes - Possible use of the Vieruu Comm Ctr (pmviding on wheather) Use of Vienna Memorial Par* (incl. pimic Þbles & ora¡g€ cones). Use ofa few tables & chain fiom VCC +possible use o1 VCC + 2portable washrooms & I bandwashing station Fimcial staterent'On file al Municipal office'$1,500 l6ten Slar Misc. Community zuppod Vienna Com Ctr l0 meetings + other possible frmdraising events{ates TBA (no extra use Iast year) fes - Vienna Com Ctr ¿010 SÞtement ofRevenues & Expenditure.s pmvided Vie¡ura Comm Ctr (10 meetings + 2-3 other fundraising events) Elgin Comty Plowmm's Assoc Io assist with 201I County Plowing \4atch - advertising, priæ money & pneral expenses $200 {pplication fom only - No Revenue & Experses staûement rmvided $200 qkin Military Mtßem Qhe) iNEW ryplicatíonr To assist in cost ofday to day opemtion of the museum which presenes commmity memones. $ 1,613 irânt eqully mtched w/ Prcvince & St lhomas based on population Pmject )jibwa not included in grant - Museum peratioru only 1009 Fimcial sgte¡srìt+ list )fgrant $ + 20ll Museum rpention budget N/A Opti mis t C hú Stafordv i ll e/Bay han To have operating expenses for fimdnisers Straff. Com Ctr + kitchen for 2 events (cleming charges still apply)Yes - Straff Comm Ctr 2010 Statement ofRevenues & Expendiûrres pmvided + 2010 bank statements SCC + kiûchen 2 events (l dance, lst aid) not incl. cleaning charyes )tter Yalley Chamber of Commtæ Use ofSCC + cleaning fee waived for busines ¡elated fi¡nction (date TBA) & assist ú continuation ofwi¡eless access on beach $200 Shaff Comm Ctr incuding cleaning fees for I event Yes - Sùaff. Comm Cb No fimcial statement prcvided $100 er¿nt + $125 grant for student wages + SCC fee waiver Oar lralley/Poa Bwwell Optimisß Io assist with the conmunity festival Tub Daze + the Pt Bu¡well Santa Clars parade Assist w/ putting up posts for fence @ east beach + pmvide picnic tables & garbage cans for Tubfhze + staff supp. & road clos. for Santa pamde Yes- East beach Arrange for 9 portable washmoms + 2 wash statiors forTub dze (July 30,31 & Aug l) 2010 StaÞment ofRevenues & Expenditures provided + Evenc listing & Road closure f€quest fofm Søfrsrppor! picnic lables, gaóags cans, 9 portable wash¡ooms + 2 wash stations forTub daze - saffsupport & mad closw for Santa Pârade ,/ oort Burwell Commu¡tJ Ch¡ldcarc Centre Pmhase new shelving units (childrcns :ubby's) + 2 new tables fo¡ classrooms $ 2,000 Purchase new shelving uits (childrens cubby's) + 2 new tables for class¡ooms 2010 Statement ofRevenues & Expe¡ditw€s + 20ll Budçt Projection $s00 ?ort Bwell Histo¡iul Sociely Acquisition ofartifacts & display cåses etc. for Heritage education S 500 No financial statement - Event listing form + copy'Corstil of ft Bwell Historical Soc,' Drcvided $500 for'Cam<la Day' celebration (see below) Porl Bwell HÌttorical Sociely - 'CANADA DAY porade To assist w/ the cost of conducting a pande, ie, food, advertising, equþment rental & supplies, entertainment etc. $ 1,,104 Yes - Canada Ilay parade road closure (legion to cenohph) + raffic conhoVequipment Yes - beach are4 gzebo, cenotaph & use of Marine Musemparking lot Pa¡ade insurance coverage * road closure, portable washmom & painting ofgazebo 201 0 Budget Projection + Evene listing & Road closu¡e request form pmvided $500 grant + use ofPB beach + t-affc contoVeçipment & sùeet closule for parade, portable w/r, use ofMa¡ine Museum parking lot + painting ofgazebo T S t a f f M e m o r a n d u m r e g a r d i n g " M u n i c i p a l A s s i s t a n c e A p p l i c a t i o n s 2 0 1 1 " . P a g e 1 5 9 o f 1 8 5 Municipal Assistance Applications Summary - 201I March 201 I (as amended) Appl¡cent furpose ofAssistânce tr ReauBt !æ Wå¡ver St¡fT Support ¡åc¡litv Use Otber Notes 2010 Support Provided oorl Btuttell Izgion - P.B. ßr 524 [o rcceive a p¡operty tâx exemptioD 'legion is an emergency shelter for 3ayham residents) + Road closre & staff ruppof for Armistice parade Yes - Armistice Day parade (road closure & traffic control - legiotr to ¡enotaph) Tu Exemption No Revenue & Expense stâtement - but Event road closure, map ofroute for paradt and insurance policy pmvided Property Tax exemption + Road closure & traffic control for Parade i ERTE Pa ra ts Ass oci a ri on Gnd dmce (date TBA) & another dance (date TBA-possibly Oct) to fundnise for school oroiects Yes - StrafrCom Ctr+ cleaning fees waived (2 events) Yes - Sh-affComm Ctr Snduation dance (date TBA) & mother l¡nce (date TBA - possibly october) Finmcial Summary ftom Sept/O9 - Aug/10 pmvided ICC fee waiver for I event @mce) |t. Lulæs Anglican Church Guild To assist St Luke's chu¡ch w/ fimdr¿isers & serving the community (ie. Fuenl luches) Vienna Conm Ctr (basement) 2 penny sales + fimeral lucheors as req'd & Menorial Pa¡k for 2 events Yes - Viero CommCh& Memorial park as needed Pemy Sales (cleaning charges apply) & Funenl luches (rent & cleming exemPt) 2010 Stâtement ofRevenues & Expenditures + Event listing forms provided VCC fee waiver (2 permY sales and funeral luncheons as needed); VCC and park for 2 events \îølTotdvi I Ie Commtui ty Comm. To inpmve commity relationshipVpride; improve appemce of Sû-affordville; promote municipality; provide comuiry mjoyment with a¡rnual Waæmplon fest No Set Amounl Stratr Comm Ctr & grounds Aug 26127; use rfComm Cente parking lot, cement pad & Aomds up to 3 timeVyeaç use of hall5 imes; use of mm sign; use of nu office neeting mom once/monthly; use ofmm rhotocopier Watermelonfest-Watering, grounds prep, steetbameN, pande traffc contol, provision of galùage dunpsteç picnic bbles; cleaning of cement pad; assist with portable washroom facil, Yes - Sû'aff. Com Cf Park; Mm Sig4 Municpal Office mtg room (1/month); photocopier Watermelonfest dumpster, gounds sleening, portable ilr facilities, additional picnic tables + In Parkette - assist w/ installation ofx¡nas lighb & also renovations (ie. new plmtVlp keep) + assist w/ purchase & irstallation of 12 neu' sEeet bamrs 2010 Imcome & Expense statement provided $2500 + SCC & Park, garöage dumPster parade û-affc conEol, preP of Park (cement pad), portable ilr facilities, picnic tables, SCC part<ing lot for up to 4 other events, place & rcmove sEeet bar¡ners, use of Municipal sign & Office for monthly mtgs I t afo rdv i I I e F ir ef gh I ers As s o c fÞcrcase experses and increase profit which is used to purchase fire & rescue elated eouioment Viem Com CE for 2 evens - (Mar 26 & Oc.29/ll)Yes -Vienna Comm Ctr Also r¡se of Municipal sign to advertise for bolh events !o increase attendânce 2010 Statement ofRevenues & Expenditures provided + Events fom VCC (whole hall) fee waiver for 2 events [not íncl. cleaning charges) Staflordvi I I e Liones s C lub lee waiver for 2 fundraising events to xovide commuity support StraffComm Ctr for 2 events (Fish fry in May+ I othereventTBA) Yes - Straff Com Ctr + kitchen for 2 events No financial sbtement or Events form provided ìCC (+ kitchen) fee waiver for 2 events Itrafordville Liore Chú Misc. Community zuppon Straff CoÍìm Ctr -2 monthly (lst & 3rd Mon.) dimer mtgs (incl cleaning tables) + weekly Bingo + 3 annual events (no tlates list€d) Yes - St'aff. Com Ctr 200t ? Balarce sheet prcvided ICC kitchen-2 mtgs/mnth, wkly bingos, I ann evenls (not incl. cleaning tables) Stafordville Smta Claw Parade Committee /Liorc) Io provide Smh Parade, reception for <ids to mæt Smta & to demoDsb'ate the ;pirit of co-operation within Mmicipality Sù-aff Com Ctr for 1 event @arade-Dec. l0) Yes - pæde support by Íaffic control (2 persons + 2 tucks for I hr) + Old Chapel Rd closu¡e íes - Straff Comrn Ctr pmde insmce, 2 trucks w/ lighls (taffi( control-l hr) + road closw4ld Châp€l St S @ Heriøge (leff tum only) 2010 Statement ofRevenues & Expendinues + Evenls fom prcvided iCC fees waived (not including feming), sewices, marpower, road fosrclsupport & equipment for Parade Ti Ib. & D¡s tri ct Mu Iti^S em ice Adult Literacy, Community Counselling $ 3,217 Request $3217 directed towa¡d Adull Basic Literacy devoted ûo Bayham residents receiving æsistance through MSC 20lGl 1 Budget presentâtion (Rev. & Exp.) prcvided $500 Vimm Lìoness Misc. Community support Vierma Comm Cr -Den + Kitchen -10 mthly mtgs (3rd Mon SepJun) + | ev6¡1 downstairs w/ prior niglìt s€t up & 2 events up & downstain il prior night set-up (dates pmvided) + possible other evenb (dates fBA) Yes - Vienna Comm Cr 2010 Staternent ofRevenues & Expenditures pmvided + flomtion breakdown + Events listing form VCC basement & kirchen monthlY (10 events) plus whole hall for 3 2daY events (not incl. cleaning charges) Vìmm Liore CIub Misc. Commmity suppon Vienna Com Ctr -Kitchen only (21 mtgs- 2lmonth -2nd & Ath Mon SepJm) + l events upstairs w/ kitchen & 2 events dowrstairs + possible other events (dates TBA) Yes - Vierma Cornm Ctr P¡ovided 2010 Year End rcPort & list ofdates foruse ofVCC VCC den - fee waiver for2l mætings (kitchen orily) + use offacilities for 5 other events (not incl, cleaning charges) lsr Srafordville BPSC (Sco*) To help frmd activities/canps & ûo purchase/upgrade equipment - ie. tents, cano€s. badses etc $ 1,000 Need to buy a canoe trailer, brry or repair tents, badges for kids & help fund a camping trip. 2010 Shtement ofRevenues & Expenditures $500 Total t5,134 _ ,ì- S t a f f M e m o r a n d u m r e g a r d i n g " M u n i c i p a l A s s i s t a n c e A p p l i c a t i o n s 2 0 1 1 " . P a g e 1 6 0 o f 1 8 5 /Ò tro8 Elgi ea Primary Water Supply System March 31, 2011 Attention: CAO/Clerk Re: Elgin Area Primary Water Supply System 2010 Compliance Report Dear Sir/Madam: Please find the attached copy of the Elgin Area Primary Water Supply System (EAPWSS) 2010 Compliance Report. This report has been prepared by American Water Canada Corp., the Operating Authority for the EAPWSS. The intent of this report is to meet specific reporting obligations under Schedule 22 of O.Reg 170103 (Drinking-Water Systems). A copy of this report has been sent to each of the benefitting municipalities of the Elgin Area Primary Water Supply System. ln addition, a copy has been posted on the Regional Water Supply website at and the report will be made available to the public upon request at the RegionalWater Supply office in London. Should you have any questions, please feel free to contact our office at your earliest convenience. Best regards, Y"r+Lw Greg Henderson Water Compliance Coordinator Elgin Area Water Supply System Elgin Area Primary Water Supply System Office 519.930.3505 ex|. 2714 Fax519.474.0451 ghenders@london.ca htto ://watersu ooly. london.cal c/o The City of London Regional Water Supply Division 235 North Centre Rd. Suite 200 London, Ontario NsX 4E7 Correspondence dated March 31, 2011 from Elgin Area Primary Water Supply System regarding "Elgin Area Primary Water Page 161 of 185 toootII DI DI D OI o o o ooI I oIoII aIo PROFTLE.. ...............3 wHo wE ARE .....................3 WHAT WE DO ......................4 WHATS |MPORT4NT............... .............5 ELGIN AREA PRIMARY WATER SUPPLY SYSTEM: AT A GL4NCE........................6 THE WATER TREATMENT PROCESS ......... .........7 2010 CAF|TAL PROJECTS. H|GHL!GHTS.......... .......................8 HVAC SYSTEMS REPL.ACEMENT.......... ...............8 LIGHTING UPGRADE PROJECT. ..........9 SHoRELTNE EROSTON PROJ8CT............. ......10 2010 FLOW SUMMARY .......11 2010 CHEM|CAL CONSUMPTION. ..........12 2O1O WATER QUALIW SUMMARY ........13 MINISTRY OF THE ENVIRONMENT INSPEGTIONS.... .............14 APPENDIX A: 2010 Flo,v Summary APPENDIX B: 2010 Chemical Consumption APPENDIX C: 2010 Water Quality Summary APPENDIX D: 2010 Annua! Report APPENDIX E: Ministry of the Environment lnspection Summary (2010-201f ) O ¡ O otIta a oott 3e 2Ol 0 Gontpliancc Report Eþûn Arca Prlmary Water !tupply System Fæc2 Correspondence dated March 31, 2011 from Elgin Area Primary Water Supply System regarding "Elgin Area Primary Water Page 162 of 185 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2011- 032 BEING A BY.LAW TO AUTHORIZE THE EXECUTION OF A SITE PLAN AGREEMENT BET\ilEEN GROWMARK INC. AND THE MUNICIPALITY OF BAYHAM WHEREAS subsection 4I(2) of the Planning Act, R.S.O. 1990 Chapter P.13 provides in part that where in an official plan an area is shown or described as a proposed site plan control area, the council of the local municipality in which the proposed area is situate may, by by-law, designate the whole or any part of such area as a site plan control area. AND WHEREAS the Municipality of Bayham has enacted a Site Plan Control Area ByJaw pursuant to Section 41 of the said Planning Act. AND WHEREAS subsection4l (4) of the said Planning Act provides in part that no person shall undertake any development in an area designated under subsection (2) unless the council of the municipality or, where a referral has been made under subsection (I2), the Municipal Board has approved one or both, as the council may determine, of the following: 1. Plans showing the location of all buildings and structures to be erected and showing the location of all facilities and works to be provided in conjunction therewith and of all facilities and works required under clause (7) (a). AND WHEREAS the Council of the Corporation of the Municipality of Bayham now deems it necessary enter into a site plan agreement with Growmark Inc. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. THÄT the Mayor and Clerk be and they are hereby authorized and directed to execute the Site Plan Agreement between the Corporation of the Municipality of Bayham and Growmark Inc. affixed hereto and formingpart of this By-law as Schedule "A". 2. THAT the executed agreement shall be registered at the owner's expense under the proper Land Titles Registry. READ A FIRST AND SECOND TIME this day of READ A THIRD TIME AND FINALLY PASSED this _ day of 2011. MAYOR CLERK 2011. By-Law 2011-032 A By-Law to authorize the execution of an agreement (Growmark Inc) Page 163 of 185 ScHeau¿-é 'H ' -/o óv- Ln'"1 2o// - a3 t SITE PLAN AGREEMENT BETWEEN Growmark fnc. 55720 Jackson Line Concession 5 Part Lots 16 & 17 Roll # 34-01-000-003-10901 AND TI{E CORPORATION OF THE MUNICIPALITY OF BAYTIAM By-Law 2011-032 A By-Law to authorize the execution of an agreement (Growmark Inc) Page 164 of 185 THIS AGREEMENT made in duplicate this _ day of 201r. BETWEEN: GROWMARK INC. Hereinafter called the "OWllER" OF THE FIRST PART . AND. THE CORPORATION OF THE MUNICIPALITY OF BAYHAM Hereinafter called the "MUNICIPALITY" OF THE SECOND PART WHEREAS the Owner is the owner in fee simple of the lands situate in the Municipality of Bayham, in the County of Elgin being Concession 5 Part Lots 16 &,77, more particularly described in Attachment "A" attached hereto (and hereafter referred to as thç "Lands"); AND \ilHEREAS the Official Plan of the Municipality of Bayham in effect, designates the entirety of the Municipality as a site plan control area; AND WHEREAS the Owner intends to develop lands in accordance with the Site Plan attached hereto, as Attachment "Cl" and"C2" (and hereafter referred to as the (Plantt); AND WHEREAS the Council of the Corporation of the Municipality of Bayham now deems it necessary to enter into a site plan agreement with Growmark Inc. NOW THEREFORE in consideration of other good and valuable consideration and the sum of Two Dollars ($2.00) of lawful money of Canada by each to the other paid (the receipt whereof is acknowledged by each), the Owner hereby covenants and agrees with the Municipality as follows: By-Law 2011-032 A By-Law to authorize the execution of an agreement (Growmark Inc) Page 165 of 185 1. The Owner agrees that no building permit will be available until the Plan has been approved by the Municipality, and further agrees that work will not coÍrmence prior to the issuance of the building permit. 2. The following Attachments, which are identified by the signatures of the parties to this Agreement, and which are attached hereto, are hereby made a part of this Agreement, as fully and to all intents and purposes as though recited in full herein: ATTACHMENT "A" _ LEGAL DESCRIPTION OF SUBJECT LANDS ATTACHMENT "B'' - CERTIFICATE OF COMPLIANCE ATTACHMENTS "CI" &((C2') - SITE PLAN AND SITE SERVICING PLAN 3. Attachment "A" hereto describes the lands affected by this Agreement. 4. Attachment "Cl" &"C2)) - Site Plan and Site Servicing Plan, shows: a) the location and height of all buildings and structures existing andlor to be erected; b) the location of vehicular entrances and exits; c) the location and provision of off-street vehicular loading and parking spaces, including driveways for emergency vehicles; d) building finished floor elevations (if deemed necessaryby the Municipality); e) all proposed structures showing setback measurements and dimensions 5. The Owner agrees that the building or buildings will be erected or developed in accordance with the plan(s) approved, subject only to such changes as have received advance approval. 6. The Owner agrees that the site development and servicing will be in accordance with the plan(s) as approved, subject only to such changes as have received advance approval. 7. The Owner further agrees that (as applicable): a) final grades and elevations will be established to the satisfaction of the Municipalþ. The Owner will provide proof of final grades and elevations certified by a professional land surveyor or civil engineer, prior to the final release of the Letter of Credit. (not applicable) By-Law 2011-032 A By-Law to authorize the execution of an agreement (Growmark Inc) Page 166 of 185 b) c) d) all necessary provisions for service connections on site will be made to the satisfaction of the Municipality. (not applicable) construction work will be carried forward expeditiously in good and workmanlike manner, in accordance with good trade practice and so to cause a minimum of nuisance. all necessary precautions to avoid dust, noise and other nuisance and to provide for the public safety will, so far as possible, be taken and which comply with The C ons tr uct i on Safe ty Act. all necessary care will be taken to see that mud and soil is not tracked or spilled onto any public street, and where such tracking occurs, the street shall be cleaned at the end of each working day. unless otherwise provided, all parking lots and walkways will be frnished with hot-mix asphalt, concrete, gravel or paving stones to the satisfaction of the Municipality and have permanent bumper curbing along all parking areas that abut the property limits. (not applicable) no topsoil shall be stockpiled on any other portion of the Owner's lands except those lands identihed in Attachment "A" to this agreement; and all topsoil shall be stockpiled and maintained in a manner which allows for the maintenance of weeds; and the Municipality may go in and do the same at the Owner's expense, and collect the cost in like manner either as municipal taxes or from the Letter of Credit deposited as performance security stock-piling of snow will not be allowed on the site where it will constitute a hazar d to public right-of-ways. the electrical servicing of the property shall be subject to the approval of Hydro One. upon failure by the Owner to do any act during the development period herein, that the public safety or convenience requires, in accordance with this Agreement, upon seven (7) days written notice, the Municipality, in addition to any other remedy, may go in and do same at the Owner's expense, and collect the cost in like manner either as municipal taxes or from the Letter of Credit deposited as performance security. e) s) h) i) i) By-Law 2011-032 A By-Law to authorize the execution of an agreement (Growmark Inc) Page 167 of 185 the Municipality may treat any breach of this Agreement as a breach of the Building By-Law, and upon twenty-four (24) hours written notice to the Owner, stop work until the breach is rectified. nothing in this Agreement constitutes waiver of the o\ryner's duty to comply with any bylaw of the Municipality or any other law. 8. The Owner shall: a) be responsible for consulting with Hydro One regarding any matters that relate to services provided by Hydro One. 9. The Owner shall be responsible for consulting with and obtainiîg any necessary approval from all regulatory bodies such as, but not limited to, the Long Point Region Conservation Authority, the Ministry of the Environment and the County of Elgin, as deemed necessary. 10. The Owner shall satisfy all the requirements in relation to the fire protection for the building(s) to the satisfaction of the Municipality's Fire Chief. 11.The Owner agrees to pay for damages to public property including but not limited to municipal drain, ditches, street surfaces, sidewalks, storm and sanitary sewer systems, which may occur during the period of construction. Any such repair may be undertaken by the Municipality at the expense of the Owner, within thirty (30) days notice. 12. Any and all lighting shall be installed and maintained so as to not, in the opinion of the Municipality, interfere with the use or enjoyment of adjacent properties, or with the safe flow of traffic on abutting or adjacent streets. 13. If the Ontario Building Code requires that an Architect or Professional Engineer or both, shall be responsible for the field review of any new building or extension, provided for in this Agreement, the Owner shall not occupy or use or permit to be occupied or used, any said new building or extension, until after an Architect or Professional Engineer has given to the Municipality, a letter addressed to the Municipality, and signed by the said Architect or Professional Engineer, certifying that all construction and/or services on or in the said lands, required for this development or redevelopment, newly installed by the Owner in connection with this development or redevelopment, have been installed and/or constructed in a manner satisfactory to the Architect or Professional Engineer. k) r) By-Law 2011-032 A By-Law to authorize the execution of an agreement (Growmark Inc) Page 168 of 185 14. The Municipalþ, through its servants, officers and agents, including it's Chief Building Official, Fire Chief, and Municipal Engineer, may, from time to time, and at any time, enter on the premises of the Owner to inspect: a) the progress of development; b) the state of maintenance as provided for in this Agreement. 15. In the event of any servant, officer or agent of the Municipality, determining, upon inspection, that the development is not proceeding in the strict accord with the plans and specifications filed, such servant, officer or agent shall forthwith, place a notice requiring all work to be stopped upon the premises and forward a copy, by registered mail, to the Owner at the last known address, on the last revised assessment roll, and the Owner shall forthwith correct the deficiency or deviation. 16. In the event of any servant, offrcer or agent of the Municipality, upon inspection, be of the opinion that the state of maintenance is not satisfactory, such servant, offtcer or agent shall forthwith, forward notice of such opinion, by registered mail, to the Owner, at the last known address, and the Owner shall forthwith correct the deficiency or appeal to the Council of the Municipality of Bayham, as hereinafter provided. ll.In the event that the Owner should disagree with the opinion of the servant, off,rcer or agent of the Municipality, as to the state of maintenance, such Owner shall appear before the Council of the Municipality of Bayham, which after hearing the Owner, shall express its opinion as to whether the maintenance is satisfactory, by resolution, which shall constitute a final determination of the matter. 18. In the event that the Owner shall fail to obey a stop work order issued under Section 17 hereof, the Owner recognizes the right of the Municipality to apply to the Courts for a restraining order. 19. In the event that an Owner shall fail to correct a deviation or deficiency after notice pursuant to Section 17 or after notice of an opinion, which the Council of the Municipality of Bayham determines is correct, under Section 17, the Council of the Municipality of Bayham, may by by-law, direct, on default of the matter or thing being done by the Owner, after two (2) week's notice, to it by registered mail, at the last known address of the Owner, pursuant to the last revised assessment roll of passage of such By- Law, that such matter or thing be done by the Municipality, at the expense of the Owner, which expense may be recoverable by action as municipal taxes, or from the Letter of Credit deposited as performance security. By-Law 2011-032 A By-Law to authorize the execution of an agreement (Growmark Inc) Page 169 of 185 20. Unless otherwise authorized, in the event of the Owner wishing to change at any time, the buildings, structures or facilities described in Attachment "C1" or "C2", it shall make application to the Council of the Municipality of Bayham, for approval, and shall not proceed with such change until approval is given by such Council, or in default by The Ontario Municipal Board, under the procedure set out in Section 4l of The Planning Act, 1990, herein before referred to. 2I.The Owner agrees to pay to the Municipality all administration costs incurred in connection with this Agreement, and the fulfillment of this Agreement, including legal, engineering and inspection costs. 22. LT AB.ILITY INSURANCE Before commencing any of the work provided for herein, the Owner shall supply the Municipality with a Liability Insurance policy in the amount of $2,000,000 per occurrence, and in a form satisfactory to the Municipality, indemniffing the Municipality from any loss arising from claims for damages injury or otherwise, in connection with the work done by or on behalf of the owner of the development. The said policy shall be provided at the time of the signing of the Agreement and remain in force, until the development is complete and all required documentation as per Article 15 has been filed with the Municipality. 23. PERFORMANCE GUARANTEE The Owner hereby defines the completion date of this Agreement and project to be on or before December 1. 2012. It will be the Owner's responsibility to require, in writing, an extension to this agreemenlproject, within sixty (60) days of the above stated completion date, should an extension be required. As security for the performance and completion of all works required by this agreement, the Owner shall supply the Municipality with a Letter of Credit, equal to . The Letter of Credit will be based on the estimated cost of alterations to public property, roadway, curbs and gutters and drains, and any repairs for damages to public property, roadway, sidewalks, curbs and gutters and drains, plus all site specific components as defined by the Site Plan and Site Servicing Plan, Attachments "Cl" and "C2", which are approved underthis Agreement. The amount of the Letter of Credit shall be established by the Municipality. The irrevocable Letter of Credit from a Chartered Bank expressed to be pursuant to this Agreement and payable to the Municipality at any time or in part, from time to time, upon written notice from the nil By-Law 2011-032 A By-Law to authorize the execution of an agreement (Growmark Inc) Page 170 of 185 Municipality, shall be provided at the time of signing of this Agreement, and shall remain in force, until Twelve (12) months following the completion of this project. 24.This Agreement and the provisions thereof, do not give to the Owner or any person acquiring any interest in the said lands any rights against the Municipality with respect to the failure of the Owner to perform or fully perform any of its obligations under this Agreement or any negligence of the Owner in its perforrnance of the said obligations. 25.In the event that no construction on the said lands has commenced within one (1) year from the date of registration of this Agreement the Municipality may, at its option, on one month's notice to the o\ryner, declare this Agreement to be subject to re-negotiation, whereupon the Owner agrees that it will not undertake any construction on the said lands until this Agreement has been re- negotiated. 26.The Owner agrees that it will not call into question, directly or indirectly in any proceeding whatsoever in law or in equity or before any administrative tribunal the right of the Municipality to enter into this Agreement and to enforce each and every term, covenant and condition herein contained and this Agreement may be pleaded as an estoppels against the Owner in any case. 27.The Owner agrees on behalf of themselves, their heirs, executors, administrators and assigns, to save harmless and indemnify the Municipality, from all losses, damages, costs, charges and expenses which may be claimed or recovered against the Municipality by any person or persons arising either directly or indirectly as a result of any action taken by the Owner, pursuant to this Agreement. 28. All facilities and matters required by this Agreement shall be provided and maintained by the Owner at its sole risk and expense to the satisfaction of the Municipality and in accordance with the standards determined by the Municipality and in default thereof, and without limiting other remedies available to the Municipality, the provisions of Section 326 of The Municipal Act, R.S.O. 1990, shall apply. 29. This Agreement shall be registered at the expense of the Owner, against the land to which it applies, and the Municipality shall be entitled, subject to the provisions of The Registry Act,to enforce its provisions against the Owner, named herein, and any and all subsequent Owners of the land. 30. A Certification of Compliance attached hereto as Attachment "8", shall be filed by the Owner, following completion of the development to ensure all details of the Site Plan Agreement have been complied with. By-Law 2011-032 A By-Law to authorize the execution of an agreement (Growmark Inc) Page 171 of 185 IN WITNESS WHEREOF, the Parties hereto have hereupon, affrxed their Corporate Seal, and duly attested to by their authorized signing offrcers in that behalf. I have the authority to bind the Corporation. THE CORPORATION OF THE MUNICIPALITY OF BAYHAM Paul Ens, Mayor Lynda Millard, Clerk Fleet & Facilities Manager TNERS, a division of GROWMARK, Inc. l0 By-Law 2011-032 A By-Law to authorize the execution of an agreement (Growmark Inc) Page 172 of 185 ATTACHMENT 'A' PropertyAssessmentRollNo.: 34-01-000-003-10901 Municipal Address: 55720 Jackson Line Legal Property Description: Concession South Gore Part Lots 16 &, 17, Registered Plan lIR2320 Parts I &2 arñ Registered Plan I1R6434 Part 1, Municipalþ of Bayham, County of Elgin 11 By-Law 2011-032 A By-Law to authorize the execution of an agreement (Growmark Inc) Page 173 of 185 ATTACHMENT'B' THE CORPORATION OF THE MUNICIPALITY OF BAYHAM CERTIFICATE OF COMPLIANCE PROPERTY IDENTIFICATION: Municipal Address: 55720 Jackson Line PropertyRoll#: 34-01-000-003-10901 Owner(s): Growmark Inc. This document serves to certify that the development project on the above noted lands has been completed in accordance with the terms and conditions of The Site Plan Agreement By-law No. DATED: I HEREBY CERTIFY THAT THE ABOVE DECLARATION IS TRUE AND CORRECT. I have the authority to bind the Corporation. Witness Authorizing Signature Print name Address: Phone Number t2 By-Law 2011-032 A By-Law to authorize the execution of an agreement (Growmark Inc) Page 174 of 185 flrr,r"r,r¿-PT "c/ " By-Law 2011-032 A By-Law to authorize the execution of an agreement (Growmark Inc) Page 175 of 185 Aa-^tu.'"-n* " C )-" i-- -- -- j -nllocated Dr¡veway -Designated Parking Area Ð -lnboundTruck Route ê -OutboundTruckRoute N Å By-Law 2011-032 A By-Law to authorize the execution of an agreement (Growmark Inc) Page 176 of 185 THE CORPORATION OF TIIE MUNICIPALITY OF BÄYHAM BY-LAW NO. 2011-033 A BY.LAW TO AUTHORIZE THE RENE\ilAL OF AII AGREEMENT BETWEEN THE MT]NICIPALITY OF BAYHAM ANI) C. VALERIE DONNELL FOR THE PROVISION OF A CONCESSION FOOD BOOTII AT THE EAST BEACII IN PORT BURWELL IN THE MT]NICIPALITY OF BAYIIAM WIIEREAS the Council of the Corporation of the Municipality of Bayham did pass ByJaw 2009-082 on June 4, 2009 authorizing the Mayor and Clerk to execute an agreement with C. Valerie Donnell for the provision of a Concession Food Booth at the East Beach in Port Burwell; WHEREAS Council did by ByJaw 2010-027 renerv the agreement with C. Valerie Donnell; A¡ID \ilHEREAS the Council of the Corporation of the Municþality of Bayham and the contractor are desirous of renewing this contract for a further one year period; NOW THEREFORE THE COT]NCIL OF TIIE CORPORATION OF TIIE MT]NICIPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. THAT the Agreement for the provision of a Concession Food Booth at the East Beach in Port Burwell between the Municþality of Bayham and C. Valerie Donnell be renewed for a further one year term; 2. TIIAT all tenns and conditions of the original agreement remain in fuIl force and effect; 3. THAT this byJaw shall come into full force and effect upon final passing. READ A FIRST, SECOND AND TIIIRD TIME AND FINALLY PASSED THIS 21STDAY OF APRIL 2OLI. MAYOR CLERK By-Law 2011-033 A By-Law to authorize the renewal of an agreement (Donnell) Page 177 of 185 Page 178 of 185 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW 20ll-034 BEING A BY.LA\il TO FTJRTHER AMEND BY-LAW 2008.023 AS AMENDED BY BY-LAW 2008-085, 2009-022 and 2011-020 BEING A BY.LA\il TO PROVIDE FOR THE RICHMOND OUTLET MTINICIPAL DRAIN of Bayham ByJary 2008-023 enacted on the 3d 085 enacted the 4ü day of September, 2008 as of Marcþ 2009, as amended by By-law 20ll- ded for the constnrction of the Richmond Outlet Municipal Drain; and for the levy assessments upon lands and roads to which the Richmond Outlet Municipal Drainage works is chargeable; AND WHEREAS a portion of lands falling within the watershed of the Richmond Outlet Municipal Drain have been severed and as such it is necessary to reapportion the drainage assessment affecting those lands affected; AllD WHEREAS "Agreements between Propefly Owners for Drainage Apportionment due to Land Severance / Sale" as prepared by the Bayham Drainage Superintendent have been accepted and duly executed by the current property owners of those retained and severed lands; AND WHEREAS the Council of the Corporation of the Municþality of Bayham now deems it necessary to reapportion the assessments contained within the assessment schedules attached to ByJaw 2008-023, as amended; NOW THEREFORE THE CORPORATION OF TIIE MTJNICIPALITY OF BAYIIAM IIEREBY ENACTS AS FOLLOWS: 1. THAT the assessment contained in Spriet Associates Engineer's Report dated December 31,2007 aflecting property identified as Roll Number 34-01-000-007- 05210 for lands located within part of Lot 110, Concession 7, with a watershed valued at 1.5%o shall be reapportioned as follows: SeveredProperty: AssessmentRoll#34-01-000-007-05205 Legal Description: Part I on Reference Plan 11R-9030 Part Lot 110, Concession 7 Drainage Apportionment: Valued at 0.06Yo SeveredProperty: AssessmentRoll#34-01-000-007-05215 Legal Description: Part 2 on Reference Plan 11R-9030 Part Lot 110, Concession 7 Drainage Apportionment: Valued at 0.06%o By-Law 2011-034 A By-Law to further amend By-Law 2008- 023 as amended (Richmond Outlet Drain) Page 179 of 185 Bayham By-law #2011 -034 Remaining Property: Assessment Roll #34-0 I -000 -007 -05210 Legal Description: Part 2 on Reference Plan 11R-6644 Part Lot 110, Concession 7 Drainage Apportionment: Valued at 7.38% 2. THAT the apportioned costs of any future maintenance work authorized by the Council of the Municipality of Bayham and carried out under the supervision of the Drainage Superintendent on the Richmond Outlet Municþal Drain shall reflect the reapportionment in Paragraph #1 herein. 3. THAT the reapportionment of drainage assessments as set out in Paragraph #1 herein will cease when Council accqtts a new Engineer's Report assessing this portion of the Richmond Outlet Municþal Drain. 4. Effective Date: This ByJaw comes into full force and effect on the passing thereof. Read a first and second time this 2lst day of April,20ll. Mayor Clerk Read a third and final time andpassed this 2lst day of April, 2011. Mayor Clerk By-Law 2011-034 A By-Law to further amend By-Law 2008- 023 as amended (Richmond Outlet Drain) Page 180 of 185 AGREEMENT between PROPERTY O\ilNERS for DRÄINAGE APPORTIONMENI duc to LAI{D SEVERANCE orSÄLE Dminagc Act RS.O. 1990, Chapter D.17, Sectim 65 TFtrS AGREEMENT is bctwecn CORI.IELruS TEICHROEB (cuneot propøty owners of rctained parcel) and MARTINGAZENDAM& EMILYGAZENDAI\4 (cu¡rcril prop€rty owncrs ofscvcred parcel) for the cost apportio¡ment clue to thc scvcrancc or salc ofland in thc following nunicipal drainagc systcm: Rlchmond Outlet Municþal Draln by Bayham By-law 2008423 ORIGINALPROPERTY: (assessment idcntifiçd i¡ Fnginccr's Rcport dated December 31, 2007): AsscssmeotRollNumber : 3441{00{0i45210 Iægal Description Drainagc Apportionment : PartI¡t llQ ConcessionT Pt20fllR-66,14: Watcrshcd 8.7 acres Valucd atl5% REVISED DRÄINAGE AS SESSMEIYT SEVERED PROPERTY: Assessmert Roll Number : 3441400{0i4S2Os Lcgal Description : PART I of llR-9030 Part Lot I 10, Concession 7 Drainagc þportioruneot : Watcrshcd 0.32 acres Valued at0,06% REMAININGPROPERTY: Assessmcnt Roll Numbcr ; 34-0140040745210 Legal Description : pART 2 of I lR-6644 Part I¡t 110, Conccssion 7 Drainagc Apportionmeût I Asscssed Valuc l.3g% theso ncnr apportionme,nts þ names as the propøty owners of For Roll #34{ I {00407-052 I 0 (Signature of: Cornclius Teichroeb) DATED: forRoll#3441. (Signaturc of Witness) DATED: l',t 4A .ecr/t¡ By-Law 2011-034 A By-Law to further amend By-Law 2008- 023 as amended (Richmond Outlet Drain) Page 181 of 185 ACREEMENT between PROPERTy OWNERS for DRÄINAGE APPORTIOI\MENT due to LAND SEVERÄNCE or SALE Drainage Act RS.O. 1990, Cbapter D. I 7, Section 65 TIIIS AGREEMENT is between CORNELruS TEICHROEB (cunent property owners ofretained parcel) and MARTINGAZENDAM& EMILYGAÆNDAI\4 (curr€il property ouarers ofsevered parcel) for the cost apportionmelrt due to thc sev€rancc or sale of land in thc following municipal drainage systeml Richmond Outlet Municþal Dral¡ byBayhamByJaw 2008423 rtrE, the ¡artia of .his Agreemcol do hereþ agree that thc apportioned costs of any future maintenancc work authorized by the Council of the Municþality of Bayham and carried out rmder the zupenrision of tle_Drainage Superintendent onthc above noted mudcipal drainage system, is to bc hereby divided as follows: ORIGINALPROPERTY: (assessme,nt ide,lrtified in Engineer's Report dated Deccmber 31, 2007): AssessmentRollNumber I 34-01{0040745210 Legal Description Drainagc Apportio¡mqrt : PartLot ll0, ConcessionT Pt20fllR-6644: Watcrshed 8.7 acres Valued at l.5o/o REYISED DRAINAGE ASSESSMENT SEVERED PROPERTY: Assessme,nt Roll Nr¡mber : 3441400407-OS2Oi Legal Dæcription :PART I of llR-9030 Part Lot I 10, Concession 7 Drainage Apportionment : V/atershed 0.32 as¡€s Valued at0.06o/o REMAININGPROPERTY: Assessme¡rt Roll Nr¡mber : 3441400-00745210 Legal Description : pART 2 of I lR-6644 Part Lot I 10, Concession 7 Drainage Apportionment : Assessed Value l.3g% when a new Engincer,s Rçort is accepted by Council on ofthe above noted municipal drainagc system. these new apportionmelrts by names as the property owners of for Roll #34{ I 40040745205 (Signaturc of: Ma¡tin Gazeodâm) (Signaturc of: Emily Gazendam) DATED: (Signature of Witness) By-Law 2011-034 A By-Law to further amend By-Law 2008- 023 as amended (Richmond Outlet Drain) Page 182 of 185 AGREEMENT between PROPERTY OWNERS for DRÄINAGE ^APPORIIONMEM due to LAIttD SEVERANCE or SALE DrainagÊ Act RS.O. 1990, Chapter D.17, Section 65 TIIIS AGREEMENT is bctween CORNELIUS TEICHROEB (su¡rcnt prcpcrfy ownels of retained parcel) and KELLYGAæI{DAI{& EMILY GAZE¡{DAÀ,I (cuncnt propcrty owners ofssvered parcel) for thc cost apportionment due to thc scvcrarcc or salc of land in thc following municipal drainage rystem: Rlchmond Ontlet Municþd Draln by Bayham By-law 2008{23 ORIGINALPROPERTY: (assessmcnt ideotified in F.nqincer'¡ Rcport datcd Dcccmbcr 31,2007):AssessmentRollNr¡nbcr : 34{)140040745210 REtf r. sEp pRATNAGE ASSESSMENT SEVERED PROPERTY: Asscssme¡rt Roll Nunbcr : 3441-000-007e521s Lcgal Description : pART 2 of I lR-9030 DrainagcApportio¡mcrú, iri#rlåt3:ir'.ü'iî,Lu., o,or* REMAININGPROPERTY: Asscssmcnt Roll Nr¡mbcr : 34-0140040745210LegalDesaiption : pART2 of llR-66,14 DrainagcApportionment,.ffi*tll,ÎiïË)"*t ç'f,6q ¿ qç¡y Fngíneer's Rqrort is accepted by Council on of thc abovc noted municipal ¿rainagc s)ácnî. thcsc ncv apportionments by names as the propcrty owncrs of Legal Dæcription Drainagc þportioñrncot For Roll #344 I 400407{521 0 (Sipature of: Comelius Teicb¡ocÐ DATED: : Part Lot I10, Concæsion 7 Pt2 of llR{6,14: Watenhed 8.7 ac¡es Valued at 1,5% for Roll #344 I 4WeO1- 4S2l s (Signafi¡¡c of Witness) DATED: Fn¿.za/t By-Law 2011-034 A By-Law to further amend By-Law 2008- 023 as amended (Richmond Outlet Drain) Page 183 of 185 AGREEMENT between PROPERTY OIVNERS for DRÄINAGE APPORTIONMENT due to LAND SE\æRÄNCE or SALE Drainage Act RS.O. I 990, Chapter D. I 7, Section 65 THIS AGREEMENT is between CORNELruS TEICHROEB (cunent property ownen of retained parcel) and KELLYGAZENDAI\4 & EMILYGAZENDATVÍ (cunent property owners ofsevered parcel) for the cost apportiooment due to the severance or sale of land in thc following municipal drainage system: Richmond Outlet Municþal Drain by Bayham By-law 2008423 rWE, the gartiesof this Agreement, do hereby agree that the apportioned costs of any futurs meintenatrçç work authorized by thc Council of thc Mrmicipalþ of Bayham and carried orrt uoder the supervision of the Drainage Superintendent onthe abovc noted municipâl drainagc systcm, is to be naeby ¿iviOed asfollows: ORIGINALPROPERTY: (assessmeot idcntified in Enginecrrs Rcport dated Decembcr 31,2007): Assessne,nt Roll Number : 3441-00040745210 Legal Description Drainage Apportiorme,nt : PartLot ll0, ConcessionT Pt2ofllR-6644 : Watershed 8.7 ac¡es Valued ú.1.5% REYISED DRAINAGE ASSESSMENT SEVEREDPROPERTY: Assessment Roll Number : 3441-000407i5215 Legal Description : pART 2 of l1R-9030 Part Lot ll0, Concession 7 Drainage Apportionm€nt : Watershed 0.32 acres Valued at}.06% REMAININGPROPERTY: Assessment Roll Nr¡mbcr : 34-01{00407q5210 Legal Description : pART 2 of I lR{644 Part Lot I 10, Concession 7 Drainage Appottionment ; Assessed Valu e l3g% s acæeptedby Council drai¡age cysteo. thæe new apportionments by names as thc property owners of for Roll #344 I {00{074521 5 (Signahre ofl Kelly Gazendam¡ - lsisna@ DATED: (Signaturc of Witness) By-Law 2011-034 A By-Law to further amend By-Law 2008- 023 as amended (Richmond Outlet Drain) Page 184 of 185 THE CORPORATION OF THE MTJNICIPALITY OF BAYIIAM BY-LAW NO. 2011-035 A BY-LAW TO CONFIRM ALL ACTIONS OF THE COTJNCIL OF THE CORPORATION OF TIIE MT]NICIPALITY OF BAYHAM FOR THE REGULAR MEETTNG HELD APRrL 2t,20tt WHEREAS under Section 5 (1) of the Municipal Act, 2001 S.O. 2001, Chapter 25,the powers of a municipal corporation are to be exercised by the Council of the municipality; AND WEEREAS under Section 5 (3) of the Municþal Act, 2001, the powers of Council are to be exercised bybyJaw; AND LIEREAS the Council of the Corporation of the Municþality of Bayham deerns it advisable that the proceedings of the meeting be confirmed and adopted by by-law. TIIEREF'ORE THE COT]NCIL OF THE CORPORATION OF THE MT]NICIPALITY OF BAYIIAM ENACTS AS FOLLO\ilS: 1. THAT the actions of the Council of the Corporation of the Municipality of Bayham in respect of each recommendation and each motion and resolution passed and other action by the Council at the regular meeting held April 21,2071 is hereby adopted and confirmed as if all proceedings were expressly embodied in this byJaw. 2. THAT the Mayor and Clerk of the Corporation of the Municipality of Bayham are hereby authorized and directed to do all things necessary to give effect to the action of the Council including executing all documents and affixing the Corporate Seal. READ A FIRST, SECOND AND TIIIRD TIME and finally passed this 2l'tday of April, 2011. MAYOR DEPUTY CLERK By-Law 2011-035 A By-Law to confirm all actions of Council Page 185 of 185