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HomeMy WebLinkAboutDecember 02, 2010 - CouncilCOUNCIL AGENDA THE CORPORATION OF THE MUNICIPALITY OF BAYHAM 9344 Plank Road, Straffordville Thursday, December 2, 2010 7:00 p.m. 8:00 p.m. Court of Revision - Drainage Page 1.INAUGURAL PROCEEDINGS OF COUNCIL (7:00 - 7:40 p.m. approximately) (a)CALL TO ORDER - Clerk (b)PRAYER - Reverand John Gould, Straffordville, Port Burwell, Vienna United Church Pastoral Charge (c)DECLARATION OF ELECTED OFFICES (d)STATEMENT BY MEMBERS (e)SOCIAL BREAK 2.DISCLOSURE OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF 3.APPROVAL OF MINUTES AND ADDITION OF AGENDA ITEMS (a)Minutes of the regular meeting of Council held November 18, 2010. (b)Added Item(s). 4.DELEGATIONS (a)7:45 p.m. - Matthew Redsell regarding By-Law infractions. 5.INFORMATION ITEMS (a)Correspondence dated November 5, 2010 from Ontario Good Roads Association regarding "Minimum Maintenance Standards Litigation - Status Report". File: A01 (b)Heads Up Alert dated November 19, 2010 from Ontario Good Roads Association regarding "OGRA's Inaugual Day at Queen's Park a Great Success". 7-16 17-18 19-20 21 Page 1 of 137 Council Agenda December 2, 2010 Page 5.INFORMATION ITEMS File: A01 (c)Correspondence dated November 18, 2010 from Association of Municipalities of Ontario regarding "Fall Economic Statement Preserves Upload Schedule for Municipalities". File: A01 (d)Correspondence dated November 26, 2010 from Association of Municipalities of Ontario regarding "the impact of the municipal election on the Board's composition". File: A01 (e)Correspondence dated November 29, 2010 from Association of Municipalities of Ontario regarding "Government Announces Provincial Long Term Affordable Housing Strategy". File: A01 (f)Notice from Association of Municipalities of Ontario regarding "2010 Ontario West Municipal Conference". File: A04 (g)Long Point Region Conservation Authority Board of Directors Minutes of meeting held November 3, 2010. File: A16 (h)Correspondence dated November 17, 2010 from the County of Elgin regarding "Improvements - Plank Road (County Road #19) in Vienna". File: A16 (i)Correspondence received October 19, 2010 from Ministry of Agriculture, Food and Rural Affairs regarding "Rural Community Development Branch". File: F11 (j)Correspondence dated November, 2010 from Ministry of Citizenship and Immigration regarding "Ontario Medal for Young Volunteers". File: M02 (k)Correspondence dated November, 2010 from Ministry of Citizenship and Immigration regarding "Volunteer Service Award". File: M02 (l)Correspondence dated November 23, 2010 from Ontario March of Dimes regarding "Notification - Provincial Break-Open Ticket Licence". File: P09 (m)Correspondence dated November 25, 2010 from Elgin County OPP regarding "OPP Launch 2010 Festive R.I.D.E. Campaign". File: P17 23 25 27-28 29 31-37 39 41 43 45 47-50 51-52 Page 2 of 137 Council Agenda December 2, 2010 Page 6.PLANNING, DEVELOPMENT, RECREATION & TOURISM 7.ROADS, AGRICULTURE & DRAINAGE (a)Staff Report PW2010-21 regarding Slurry Seal to Roads in Bayham. File: L04 1.CORRESPONDENCE & REPORTS (a)Court of Revision Appointments & Affirmations 2.COURT OF REVISION - DRAINAGE 1.Application (a)Court of Revision hearing in connection with the Bartley Municipal Drain. 2.Declaration of Pecuniary Interest and the General Nature Thereof 3.Staff Presentation (a)Staff Report DR2010-011 regarding "Bartley Municipal Drain Court of Revision". File: E09 4.Public Comments 5.Council Comments and Questions 6.Disposition of Item 53-55 57-58 Page 3 of 137 Council Agenda December 2, 2010 Page 7.Adjournment 8.PROPERTY, BUILDING & PROTECTIVE SERVICES (a)Staff Report P2010-012 regarding "2011 Canine Control Services Contract". File: L04 9.FINANCE, ADMINISTRATION & PERSONNEL (a)Cheque Register being Cheque #9509 to Cheque #9593 inclusive and totaling $319,466.25 and Payroll Disbursements for the period ending November 14, 2010 totaling $49,349.40. (b)Staff Memorandum C2010-08 regarding "January 2011 Meeting Schedule". File: A09 (c)Correspondence dated October 29, 2010 from Elgin Group Police Services Board regarding "Appointments to the Elgin Group Police Services Board". File: C12 (d)Correspondence dated November 5, 2010 from Township of Malahide regarding "Appointment of Board Representative - Port Burwell Area Secondary Water Supply System Joint Board of Management". File: C12 (e)Correspondence dated November 8, 2010 from Long Point Region Conservation Authority regarding "Municipal Appointment to Long Point Region Conservation Authority". File: C12 (f)Correspondence dated November 23, 2010 from County of Elgin regarding "Replacement of Member on the Elgin County Land Division Committee". File: C12 (g)Correspondence dated November 26, 2010 from Lynn Acre regarding "Appointment to Elgin Municipal Association". File: C12 (h)Correspondence dated November 16, 2010 from Long Point Region Conservation Authority regarding "30-Day Notice to Affected Municipalities - 2011 Draft LPRCA Budget". File: A16 (i)Correspondence dated November 19. 2010 from Township of Malahide regarding "Doors Open Ontario". 59-67 69-82 83 85 87 89 91 93 95-103 105 Page 4 of 137 Council Agenda December 2, 2010 Page 9.FINANCE, ADMINISTRATION & PERSONNEL File: A04 (j)Staff Report PR2010-12 regarding "Hydro One Land Acquisition - Soper Road Distribution Station". File: L04 (k) Discussion regarding "Project Ojibwa". 10.ENVIRONMENT 11.COMMITTEE OF THE WHOLE (a)In Camera. (b)Out of Camera 12.BY-LAWS (a)By-Law 2010-107 A By-Law to authorize the execution of an agreement (Martin) (b)By-Law 2010-108 A By-Law to further amend By-Law 2010-001 (appointing members to Boards and Committees) (c)By-Law 2010-109 A By-Law to authorize the execution of an agreement (Hydro One Networks Inc.) (d)By-Law 2010-110 A By-Law to confirm all actions of Council 13.ADJOURNMENT (a)Adjournment 107-117 119-124 125 127-136 137 Page 5 of 137 Page 6 of 137 COUNCIL MINUTES THE CORPORATION OF THE MUNICIPALITY OF BAYIIAM 9344 Plank Road, Straffordville November 18,2010 7:00 PM 8:00 PM Public Meeting - Drainage The regular meeting of the Council of the Municipality of Bayham was held on Thursday, November 18, 2010 in the Council Chambers. Present were Mayor Lynn Acre, Councillors Mark Taylor, Wayne Casier and Ed Ketchabaw, Administrator Kyle Kruger and Clerk Lynda Millard. Deputy Mayor CliffEvaniski was absent. Planning Coordinator / Deputy Clerk Margaret Underhill and Treasurer Denis Duguay were in attendance to present their respective reports. 1. CALL TO ORDER Mayor Acre called the meeting to order at 7:00 p.m. Mayor Lynn Acre thanked stafi Council members and attendees who contributed voluntarily in the Municipality for their support over the past term of Council. She offered Mayor-elect Paul Ens, Deputy Mayor-elect Mark Taylor and Councillors-elect Tom Southwick, Wayne Casier and Ed Ketchabaw congratulations and best wishes for the upcoming 2010 -2014 term. She also wished a Merry Christmas to all present. Councillor Wayne Casier complimented and thanked Mayor Acre and fellow Councillors for their efforts over the 2006 - 2010 term. Councillor Mark Taylor also offered his appreciation and thanks to Mayor Acre and Council. 2. DISCLOSUIIE OF PECTJNIAIIY INTEREST & THE GENER{L NATURE THEREOF' None. 3. APPROVAL OF MINUTES AI\D ADDITION OF'AGENDA ITEMS (a) Minutes of the regular meeting of Council held Novembet 4,2010. 20r0-456 Moved by Councillor W Casier Seconded by Councillor M Taylor "TIIAT the minutes of the regular meeting held November 41 2010 be approved as circulated." CARRIED I-INANIMOUSLY (b) Added Item(s) 20r0-457 Moved by Councillor M Taylor Seconded by Councillor W Casier Page 1 of 10 Minutes of the regular meeting of Council held November 18, 2010. Page 7 of 137 Council Minutes November 18,2010 "THA,T in accordance with Section 21 of Procedural By-law 2002-93, a delegation by Valerie Donnell, Vienna Concerned Citizens Group and correspondence and upA"t" on the Ojibwa project be added to the agenda as items 4(c) at 7:40 p.m. and 5(n) respectivelY.rr CARRIED UNANIMOUSLY 4. DELEGATIONS (a) 7:05 p.m. - Robert Foster, Auditor from Graham, Scott, Enns regarding "2009 Consolidated Financial Statements and Auditors' Report". Item 9(j) Robert Foster, Auditor, presented the Financial Statements for the Municipality for 2009. He explained changes to requirements and the format of the statements. He responded to Counóil's questions and advised that there were no internal issues or areas of concem. (b) 7:50 p.m. - Wanda Hoshal regarding "proposed plaque for Estherville". Wanda Hoshal advised that the pilgrim group is proceeding with drafting the final wording for the memorial plaque to be placed at Estherville cemetery. She requested that a quotJof $8,000 for a 48'i x i6" brot:ze plaque be included in the 2011 draft budget for consideration. She suggested that the group be permitted to make a further presentation during budget discussion. (c) 7:55 p.m. - Valerie Donnell, Vienna Concerned Citizens Group regarding Christmas Stars. Valerie Donnell, representing the Concemed Citizens of Vienna, querried the whereabouts of three Chrisûnas stars from the former Village of Vienna. Staffwere requested to make inquiries. Mayor Acre read added item 5(n) regarding an update to Project Ojibwa provided by Ian Raven, Executive Director. 5. INFORMATION ITEMS (a) Correspondence dated November 5,2OlO from United Counties of Stormont, Dundas & Glengarry regarding "Fannland and Managed Forest Component of the Ontario Municipal ParbrershiP Fund". File: C10 20r0-458 Moved by Councillor M TaYlor Seconded by Councillor W Casier "THAT the Council of the Municipatity of Bayham supports the Resolution passed by the United Counties of Stormont, Dundas & Glengarry regarding full provincial reimbursement for the downloaded farm tax rebate and managed forest tax incentive programs." CARRIED UNANIMOUSLY Page 2 of 10 Minutes of the regular meeting of Council held November 18, 2010. Page 8 of 137 Council Minutes November 18,2010 (b) Correspondence dated October 27 ,2010 from Tillsonburg & District Multi-Service Centre regarding "grant to support Adult Basic Literacy"- File: 401 (c) Correspondence dated November l,2OlO from Ontario Farm Animal Council (OFAC) regarding OFAC publication "The Real Dirt on Fanning II". File: 401 (d) Correspondence dated October 29,2010 from Ontario Association of Fire Chiefs regarding "OAFC - Hicks Morley Labour Relations Seminar and the Pre-Seminar Media Relations Workshop". File: 401 (e) Correspondence dated November 2, 2OlO from Ministry of Municipal Affairs and Housing regarding "new regulations for suite-metering under the Residential Tenancies Act,2006". File: A16 (Ð Correspondence dated November 4,2010 from Municipal Property Assessment Corporation regarding "Court of Appeal Decision - Toronto Bank Towers". File: 416 (g) Long Point Region Conservation Authority Board of Directors minutes of meeting held October 6,20L0. File: A16 (h) Bayham Historical Society minutes of meeting held Octobet 14,2010. File: C06 (Ð Otter Valley Chamber of Commerce minutes of meeting held November 2,2010. File: C06 C) Bayham Harbourfront Committee minutes of meeting held November 9,2010. File: C016 (k) Museums Bayham minutes of meeting held November 10, 2010. File: C06 (l) Lake Erie Region Source Protection Committee minutes of meeting held October 7, 2010. File: 800 (m) Correspondence dated November 15,2010 from Elgin County OPP regarding "Stunt Driving Charge". File: P17 (n) Correspond 10 from Ian Raven of the St. Thomas Military Mu (Ojibwa) File: R03 20r0-459 Moved by Councillor W Casier Seconded by Councillor M Taylor "THAT information items 5(b) through 5(n) be received for information." CARRIED I]NANIMOUSLY Page 3 of10 Minutes of the regular meeting of Council held November 18, 2010. Page 9 of 137 Council Minutes November 18,2010 6. PLAIINING. DEVELOPMENT. RECREATION & TOURISM 1. CORRESPONDENCE AI\D REPORTS (a) staff Report D20 1 0-3 5 regarding "Baldwin/Gauthier consent 853/1 0". File: D10. 10 Baldwfu/Gauthier Councillor Taylor noted his opposition to decisions made based on assessment mapping not necessarily being correct. 20r0-460 Moved by Councillor W Casier Seconded by Councillor E Ketchabaw *THAT StaffReport D2010-35 regarding the Baldwin/Gauthier consent be received; AI\D THAT Council recommend to the Elgin County Land Division Committee that consent application 853/10, submitted by Baldwin/Gauthier, be granted subject to the following conditions: 1. submission of a grading plan for municipal approval 2. $500 cash-in-lieu parkland dedication fee payable to the municipality 3. purchase of a municipal address sign 4. Road Access permit 5. water quantity testing report meeting the Provincial standards 6. water quality testing report for nitrates and bacteria content meeting the Provincial standards 7. copy of the final survey provided to the municipality." CARRIED (b) Staff Report D20 1 0-36 regarding "Baldwin/Gauthier Consent 854-57 / I0" . File: D10. 10 Baldwin/Gauthier Councillor Taylor noted his opposition to decisions made based on assessment mapping not necessarily being correct. 2010-46r Moved by Councillor E Ketchabaw Seconded by Councillor W Casier "THAT StaffReport D2010-36 regarding the Baldwin/Gauthier four consents be received; A¡ID THAT Council recommend to the Elgin County Land Division Committee that consent applications E54l10 -ß,57110, submitted by Baldwin/Gauthier, be granted subject to the following conditions: 1. conceptual plan of subdivisÍon for the entire subject lands including the layout of the four lots proposed to be created by consentE54-57110 2. Municipal drain 3. 5500 cash-inlieu parkland dedication fee per lot payable to the municipality 4. purchase of a municipal address sign for each lot 5. confirmation from the County of Elgin of approved access to Plank Road (County Road 19) for each proposed lot Page 4 of 10 Minutes of the regular meeting of Council held November 18, 2010. Page 10 of 137 Council Minutes November 18,2010 6. water quantity testing report meeting the Provincial standards 7. water quality testing report for nitrates and bacteria content meeting the Provincial standards 8. rezoning to remove the "holding" provision 9. copy of the final survey provided to the municipality ." CARRIED (c) Correspondence dated November 15,20lO from IBI Group regarding "HMSC Ojibwa Submarine Holding Symbol Removal Port Burwell, Ontario". File: D06 2010-462 Moved by Councillor E Ketchabaw Seconded by Councillor M TaYlor "THAT the Memorandum dated November 15,2010 from William Pol,IBI Group be received for information." CARRMD UNANIMOUSLY 2. PUBLIC MEETING (a) ITEM TO BE DEFERRED UNTIL THE REGULÄR COUNCIL MEETING SCHEDULED FOR DECEMBER 16, 2010 AT 7:30 P.M. (PRBVIOUSLY DEFERRED FROM REGULAR COUNCIL MEETINGS HELD OCTOBER 7 AI\D NOVEMBER 4,2010) PUBLIC MEETING 8:00 p.m. - Graydon Rezoning - Zontngby-law amendment applicationproposing the ¡s26t'tittg of property located at Part Lot 13, Concession 9,56084 Talbot Line. Staff Report D20 I 0-3 I regarding Graydon Rezoning' File: D14 It was noted that the meeting regarding the Graydon property f6¡ ¡s2ening purposes has been further deferred until December l6th at7:30 p.m. No persons in affendance indicated an interest or signed the affendance sheet. 7. ROADS. AGRICULTURE & DRAINAGE 8. PROPERTY. BUILDING & PROTECTIVE SERVICES 9. FINÄNCE. ADMINISTRATION & PERSONNEL (a) Cheque Registerbeing Cheque #9434 to Cheque #9508 inclusive, except Cheques #g4ig totaling $128,330.30 and Payroll Disbursements for the period ending October 3I, 2010 totaling $50,403.08. 2010-463 Moved by Councillor M TaYlor Seconded by Councillor E Ketchabaw Page 5 of 10 Minutes of the regular meeting of Council held November 18, 2010. Page 11 of 137 Council Minutes November 18,2010 "THAT Cheque Register being Cheque #9434 to Cheque #9508 inclusive, except Cheques #9459 totating $128,330.30 and Payroll Disbursements for the period ending October 31,2010 totaling $50'403.08 be approved." CARRIED UNANIMOUSLY (b) Correspondence dated October 27,2010 from County Councillor, Bob Habkirk, regarding "Challenge". File: 416 20t0-464 Moved by Councillor E Ketchabaw Seconded by Councillor M Taylor tt1'¡l[J correspondence dated October 27r2010 from County Councillor, Bob Habkirk be received; AND THAT the matter be deferred to Budget discussions." CARRIED UNANIMOUSLY (c) AMO Watch File dated August 5,2010 which includes request to support resolution passed July 22,2010 by the Township of Malahide. File: C10 2010-465 Moved by Councillor M Taylor Seconded by Councillor E Ketchabaw "THAT AMO Watch File dated August 5' 2010 be received; A¡ID THAT Council supports resolution passed Jaly 22,2010 by the Township of Malahide regarding HST - Gasoline and Diesel Fuel". CARRIED UNANIMOUSLY (d) Correspondence dated November l, 2010 from Bayham Historical Society regarding "donation of Railway section house shed to the Corinth Park"' File: C13 2010-466 Moved by Councillor E Ketchabaw Seconded by Councillor M Taylor "THAT correspondence dated November lr20l0 from Bayham Historical Society regarding donation of Railway Section House Shed to the Corinth Park be received; AND THAT Council grants permission for the Bayham Historical Society to go forward with the plan to move the Railway Section House Shed to the Corinth Park; Page 6 of 10 Minutes of the regular meeting of Council held November 18, 2010. Page 12 of 137 Council Minutes November 18' 2010 AND THAT the Municipality of Bayham will be responsible for the upkeep of the shed.t' CARRIED UNANIMOUSLY (e) Invoice from Wiebe Home Improvements for repair to the Bayham West Cemetery fence submitted by the Bayham West Cemetery Board requesting reimbursement to the board. File: S09 20r0-467 Moved by Councillor W Casier Seconded by Councillor E Ketchabaw "THAT the invoice for repair to the Bayham West Cemetery fence be received; AND THAT Council approves reímbursement of the cost to repair the fence in the amount of $339.00 to the Bayham West Cemetery Board." CARRIED UNANIMOUSLY (Ð Correspondence dated October 28,2010 from Gunn & Associates regarding "7787 Gregson Road". File: Roll file 003-00800 2010-468 Moved by Councillor E Ketchabaw Seconded by Councillor W Casier "THAT correspondence dated October 2812010 from Gunn & Associations regarding 7787 Gregson Road be deferred." CARRIED UNANIMOUSLY (g) StaffMemorandum regarding "Licence Agteement - Request to Install Power Line Across Municipal Properties". File: L04 2010-469 Moved by Councillor W Casier Seconded by Councillor E Ketchabaw "THAT Staff Memorandum regarding Licence Agreement - Request to Install Power Line Across Municipal Properties be received; AND THAT By-Law 2010-105, being a by-law to authorize the execution of a licence agreement, be presented to Council for enactment." CARRIED UNANIMOUSLY Page 7 of 10 Minutes of the regular meeting of Council held November 18, 2010. Page 13 of 137 Council Minutes November 18,2010 (h) Staff Report C20l0-12 regarding "Accessibility Barriers". File: C07 20t0-470 Moved by Councillor E Ketchabaw Seconded by Councillor W Casier "THAT Staff Reportc20l0-12 regarding Accessibility Barriers be received for information." CARRtsD UNANIMOUSLY (Ð Memorandum D2010-07 regarding "Amend Procedural By-law". ,File: A.09 2010-471 Moved by Councillor W Casier Seconded by Councillor E Ketchabaw "THAT Staff Memorandum C2010-07 regarding Amend Procedural ByJaw be received; A¡lD THAT By-Law 2010-l04,being a by-law to further amend By-law 2002-93,by deteting the existing Section 5 and replacing with 'The Inaugual Meeting of Council shall take place at 7:00 p.m. on the lirst Thursday of December following the electionf tt. CARRIED TINANIMOUSLY ú) Consolidated Financial Statements for the year ending December 31,2009 and Auditors' Report. File: F03 2010-472 Moved by Councillor W Casier Seconded by Councillor E Ketchabaw "THAT the Consolidated Financial Statements for the year ending December 31, 2009 and Auditors' Report be received for information." CARRIED I]NANIMOUSLY 10. ENVIRONMENT (a) Verbal update regarding "Richmond Water System". The Administrator advised that staff and representatives from Stantec met with the Richmond Water System Board on November 15th and the Board's preference is Option 1. Once confmnation from the Elgin-St. Thomas Public Health is received, the pump test can proceed. 20t0-473 Moved by Councillor E Ketchabaw Seconded by Councillor W Casier Page 8 of 10 Minutes of the regular meeting of Council held November 18, 2010. Page 14 of 137 Council Minutes November 18,2010 "THAT staff be authorized to proceed with testing TW1-10, as outlined in staff report 82010-10 as the potential water suppty for the Richmond Community." CARRIED II. COMMITTEE OF THE WHOLE (a) In Camera. 20t0-474 Movedby Councillor E Ketchabaw Seconded by Councillor W Casier "THAT the Council do now rise to enter into an "In Camera" Session of Committee of the Whole at9z2l p.m. to discuss: . personal matters about an identifiable individual, including municipal or local board employees." CARRIED I-INANIMOUSLY (b) Closed session minutes of the regular meeting of Council held September 16, 2010. (c) Confidential Verbal report regarding labour relations or employee negotiations. (employee banked vacation) (d) Out of Camera. 20t0-475 Moved by Councillor E Ketchabaw Seconded by Councillor W Casier "THAT the Committee of the Whole do now rise from the I'In Camera" session at 9:50 p.m." CARRIED IINANIMOUSLY 12. BY-LAWS (a) By-Law 2010-104 A By-Law to amend Council Procedural By-Law 2002-93 (b) By-Law 2010-105 A By-Law to authorize the execution of a Licence Agreement (1498975 Ontario Inc.) 2010-476 Moved by Councillor W Casier Seconded by Councillor E Ketchabaw "THÄT By-Laws 2010-104 and 2010-105 be read a first, second and third time and finally passed." CARRIED UNANIMOUSLY Page 9 of 10 Minutes of the regular meeting of Council held November 18, 2010. Page 15 of 137 Council Minutes November 18,2010 (c) By-Law 2010-106 A By-Law to confi¡m all actions of Council 2010-477 Moved by Councillor E Ketchabaw Seconded by Councillor W Casier "That confirming By-Law 2010-106 be read a first, second and third time and finally passed." CARRIED TINANIMOUSLY 13. ADJOURNMENT (a) Adjournment 2010-478 Moved by Councillor W Casier Seconded by Councillor E Ketchabaw "THAT the Council meeting be adjourned at 9:51p.m." CARRIED UNANIMOUSLY MAYOR Page 10 of10 Minutes of the regular meeting of Council held November 18, 2010. Page 16 of 137 LL I The complaint system of bylaw infractions is an abusive system that promotes feuding amongst neighbours but should with an intelligent bylaw officer be better taken care of by applying the intent of the municipal act which should concem itself with fire, safety and health. BY-LIIW 2002 - 9 20. Where ø provísíon of thís ByJaw contlíct with the provísíons of another By-law ín force wíthìn the MunícìpøW, the provísions thøt establìsh the hìgher standards to protect the heølth, safety and welfare of the generøI public shall prevaíL I propose that before any complaint is registered that the bylaw officer demand from the person making the complaint show that the complaint concerns either fire, safety or health and that the bylaw officer make a reasonable judgment as to the validity of the complaint. Take for example the recent issuing of fines totaling $330 for unlicensed vehicles parked in my yard by gordon Roesch. The law reads : 5. MOTOR VEHICLES & MACHINERY: 5.1 No person shall use øny prope@ withín the Munícípølìty of Bøyhamfor the storìng and/or parkíng of a motor vehícle whìch is not cuwently licensed pursuønt to the provísíons of the Highway Act for the Provínce of Ontarío or amendments thereto, for the purpose of repaíríng, wreckíng or dísmantlíng it or sølvagíng parts thereoffor sale or other dísposøL, unless the ase of such land ís ìn conformity wíth the requírements of the Municìpal Zonìng ByJaws. Clearly it states that the vehicle must be unlicensed and for the purpose of repairing, wrecking, salvaging or dismantling etc. My vehicles are roadworthy and not being repaired or salvaged as confirmed by many including the newspaper reporter for the Tillsonburg news, Micheal Keeling in the article printed in the Tillsonbrug news. Our Bylaw officer. Gord Roesch has chosen to impose this law upon me despite the fact that everyone including a school teacher, many residents close b¡ a couple of grade school kids and my lawyer all interpret the bylaw as needing two requirements namely an unlicensed vehicle and for the purpose of being repaired or salvaged. I have not received a response from Gordon on this despite my repeated requests. It is also interesting to note that most of my neigbours have had or do have unlicensed vehicles in the yard so why has there only been a single complaint against my vehicles. How is it that Gordon Roesch could not easily see that if there is a single complaint against my vehicles and not the others in the immediate neigbourhood then what we have is someone who is tryrng to harass me. Clearly the complaint system does not work when the bylaw officer ignores these obvious clues. Reading further into the bylaw the bylaw officer can also initiate any bylaw on his own initiative so it is not entirely dependent on a complaint. Again a good directive would be to be concerned with fire, safety or health issues. 7:45 p.m. - Matthew Redsell regarding By-Law infractions.Page 17 of 137 20.13 Thís ByJaw møy be enforced by the Property Støndards Offtcer on ít's own inìtíatíve Consider also those persons unemployed who have let the insurance lapse and are waiting for employment. Is it fair to ticket them whenthe law clearly states that it must have an unlicensed vehicle for the purpose of repairing or salvage? I have sent a number of letters to Gordon Roesch but have had not reply giving me a reasonable explanation of his actions or how his interpretation contravenes the fundamentals of the bylaw namely fire, safety or health. 7:45 p.m. - Matthew Redsell regarding By-Law infractions.Page 18 of 137 5 TO: FROM: DATE: RE: âo/ oGRn Ontario Municipalities J. W. Tiernay, Executive Director Ontario Good Roads Association November 5,2010 Minimum Maintenance Standards Litigation - Status Report Background Earlier this year all heads of Council received a letter advising that a legal challenge had been filed to have the Minimum Maintenance Standards (MMS) declared null and void. The letter requested municipalities consider contributing to a Litigation Fund to fight the application. I am pleased to report that many municipalities have contributed to the fund and we are proceeding with our opposition to this application. lf your municipality is still considering the request please let me know at your earliest convenience as to whether funds will be forthcoming. This memo is intended to keep all municipalities informed as to the progress to date on this important matter. Discussion OGRA has retained J. Murray Davison, Q.C. of the law firm, Paterson, MacDougall, LLP as our legal counsel to represent your interests. Mr. Davison is very knowledgeable in the area of Minimum Maintenance Standards having volunteered his time and expertise in the development of the initial standards and the 5 year review that was recently undertaken. Mr. Davison has met with other counselfrom the Regional Municipality of York and the Ministry of Transportation as represented by Crown Counsel to discuss the issues and to map out their strategy. Our counselfiled an application with the courts to grant OGRA intervenor status. The opposing counsel did not object to this application and the court issued an order adding OGRA as intervenor on October 8, 2010. The Ontario Trial Lawyers Association has also filed an application to be granted intervenor status. lf granted they would support the application to have the MMS declared null and void. Our legal team is currently considering what action, if any, will be taken with respect to this application. 4,4-@ 27 Correspondence dated November 5, 2010 from Ontario Good Roads Association regarding "Minimum Maintenance Standards Page 19 of 137 A steering committee made up of representatives from the Ontario Good Roads Association; the Ontario Municipal lnsurance Exchange (OMEX); the Regional Municipality of York; the Province of Ontario; the Waterloo Region Municipalities lnsurance Pool and Frank Cowan Company Limited has been established to provide oversight and guidance to legal counsel. The Committee had its first meeting on November 4,2010. The hearing on this matter was originally scheduled for November 10,2010, however; due to various filings, the hearing has been delayed and will not likely be heard until spring of 2011. Further updates will be provided on a regular basis or when important milestones are reached. Any questions can be directed to me at 905-795-2555 or ioe@o€E.gtg. JWT 28 Correspondence dated November 5, 2010 from Ontario Good Roads Association regarding "Minimum Maintenance Standards Page 20 of 137 s Aot I{eads tlP Ur,*efuffryNtu November L9,zOtO OGRA's lnaugural Day at Queen's Park a Great Success Advocating on their members' behalf, OGRA met with over 60 Members from all Parties on Wednesday Novembe r 17h. The Board and Staff spent the entire day attending meetings at Queen's Park and focused on three key messages: . The March 31st Deadline for lnfrastructure Stimulus Funding (lSF) Projects; o Municipal Asset Management Practices for Municipal lnfrastructure; o and the need for a Sustainable Infrastructure Funding Regime for Ontario Municipalities. OGRA is elated that all three issues were met with positive feedback, and an understanding of the concerns and needs of Municipalities. Meetings were scheduled with several of the key Ministries including; Transportation, lnfrastructure, Finance, Health, Labour Northern Development & Mines and Energy. OGRA President, Paul Johnson, was extremely pleased with the response. "We were well- received by those we met and we were able to focus on the issues at hand. The day was a great success and OGRA plans to make this an annual event." Premier Sponsor Altus Capital Ftanning ONTARIO GOOD ROADS ASSOCIATION 6355 KENNEDY ROAD, UNITÐ, MISSISSAUGA, ON L5T2L5 TEL: 905-795-2555 FAX: 905-795-2660 EMAIL: info@ogra.org u Alert kerplng m*mbers ßnf*r¡ned. Heads Up Alert dated November 19, 2010 from Ontario Good Roads Association regarding "OGRA's Inaugual Day at Queen's Page 21 of 137 Page 22 of 137 5 âol Subject: AMO Breaking news (1) re Fall Economic Statement Preserves Upload Schedule for Municipalities TO THE IMMEDIATE ATTENTION OF THE CLERK AND COUNCIL November 18,2010 Fall Econom¡c Statement Preserves Upload Schedule for Municipalities Today Ontario Finance Minister Dwight Duncan delivered the Fall Economic Statement. No changes were made to the social assistance and court security uploads agreed upon as part of the 2008 Provincial-Municipal Fiscal and Seruice Delivery Review. With a 2010-11 projected provincial deficit of $18.7 billion, no change to the upload schedule is good news for municipalities. lt means the significant gains that have been made to the provincial-municipalfiscal relationship are preserved. The government also announced the introduction of the Ontario Clean Energy Benefit which will give eligible consumers a 10 percent reduction on their bills for five years effective January 1,2011 . AMO will seek further clarification on whether or not this benefit applies to small volume municipal accounts. The Economic Statement is available at: www.fin.qov.on.ca. AMO Contact: Matthew Wilson, Senior Policy Advisor, at email: mwilson@amo.on.ca or 416-971-9856 ext. 323 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. DISCLA¡MER These are final versions 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 November 18, 2010 from Association of Municipalities of Ontario regarding "Fall Economic Statement Page 23 of 137 Page 24 of 137 -> Élo I å_Ht November 26,2OLO To All Members of the Association: The Board of Directors met today and as part of the Board's business, it dealt with the impact of the municipal election on the Board's composition as directed by its By-law. President Norman Sandberg worked to achieve a smooth transition. ln terms of appointing a President to fill the position until the membership can elect at the next annual meet¡ng, the Board turned to its Past President, Peter Hume, Councillor, City of Ottawa. Peter will serve as President until August, àOLL at which point the membership will have the opportunity to elect a President to complete the 2010-2012 term as set out in the Bylaw. The normal nomination process will be undertaken. An election process similarly will occur in August for those Caucuses affected by vacancies. ln the meantime, the By-law authorizes the Caucuses to fill the Director vacancies. The following Caucuses will be looking to make Directors' appointments until August 2011 and will be moving to fill the positions in time for the Association's January Board meeting. Those filling the positions will need to have the support of their council. o County Caucus - 1 Director o Large Urban Caucus - 1 Director o Northern Caucus (West) - 2 Directors o Regional and Single Tier - 1 Director o Rural Caucus - 1 Director o Small Urban Caucus - 1 D¡rector The Board expressed its apprecíation to Norman Sandberg for his leadership, and to the other members leaving the Board for their contributions to policy development and Association governance. All recognized the need for the Association to continue to move forward, with the support of all municipal government and a common voice, Part of Norman's remarks follow: "lt is an honour to be chosen to serve as AMO President and t am privileged to have had the opportunity, however brief, to serve with all of you. lnvolvement in AMO is in essence about working together for others. No matter where one hails-from, there are many common interests and challenges. tf we do our jobs wel[ we ochieve the flexibility needed to make things hoppen within the different locol circumstances. This organization has a government relation strategy that gets results - not everything we need, but more than we would ochieve if we didn't work together. The next four years will be challenging for our municipalities. I am glad that you ore here to work on those challenges ond confident in your abilities to succeed - both in your home towns ond at AMO." Correspondence dated November 26, 2010 from Association of Municipalities of Ontario regarding "the impact of the municipal Page 25 of 137 Page 26 of 137 November 29,2010 TO THE IMMEDIATE ATTENTION OF THE CLERK AND COUNCIL Government Announces Provincial Long Term Affordable Housing Strategy The Minister of Municipal Affairs and Housing, Rick Bartolucci, has released the government's long awaited affordable housing strategy. The strategy promises a new spirit of collaboration. The strategy also commits to ensuring the current resources we have will meet the real needs of people in communities across Ontario. Most significantly, the strategy commits to removing complexities in the planning, funding and delivery of affordable and social housing programs, streamlining access to housing and lays the groundwork for ongoing change. Highlights of the strategy include: . Clarification of provincial and municipal roles and responsibilities;o New legislation that is flexible, responsive and will assist municipal service managers in helping people get access to the services they need (the Social Housing Reform Act will be repealed);o Local planning and servíce delivery processes developed through collaborative planning;o First steps towards consolidation of the over twenty housing and homelessness programs and funding streams;o lntroduction of a streamlined, tax based RGI program that reduces administrative complexities and access to housing;. Developing flexible wait lists where service managers can collaborate across municipalities;. The government is maintaining the Special Priority Policy but commits to seeking solutions for unintended consequences of the policy;o The government is expanding the mandate of the Social Housing Services Corporation. To reflect this expanded mandate, the Corporation will now be known as the'Housing Services Corporation';. Ongoing commitment to energy efficiency;o lncluding affordable housing in the Planning Act and permitting secondary units; and. Continued advocacy to secure federal commitment to affordable housing. AMO is pleased that the governments' strategy reflects recommendations of the Provincial Municipal Fiscal and Service Delivery Review and recognizes munícipalities as a core element of success to their strategy. Specifically, we are pleased that the government will be moving ahead - while in a phased approach - Correspondence dated November 29, 2010 from Association of Municipalities of Ontario regarding "Government Announces Page 27 of 137 with the consolidation of the over twenty housing and homelessness funding streams and programs. AMO is also pleased that service managers will now be able to plan with local stakeholders to better identify and prioritize responses and funding for people in need of housing and services. The new strategy is important for municipalities in a number of ways including, as mentioned, reducing funding and planning barriers and providíng municipalÍties with the authority to make decisions without ministerial consent. Rather than delivery agents, municipalities are rightly recognized as the core funders and program managers who best understand the needs of people in their communities. But, AMO recognizes that good policy and planning can only go so far. New funding is needed. The government does contribute approximately $450 million annually to affordable housing - but the need for more is great. AMO anticipates that as the economy improves, the government will commit to funding their strategy and addressing the growing affordable housing pressures in Ontario with new funding. AMO will support the Province in its advocacy efforts to encourage the federal government to commit to a national housing plan. The federal government did recently renew funding for the Housing Partnership Strategy for another three years. However, currently, the federal commitment to affordable housing is short term and declining with $144 million targeted to municipalities set to disappear in the next decade. Transforming a system does not happen overnight. The government recognizes thís and has committed to working with AMO and municipalities on the regulation and ongoing program development. While implementing this strategy will take time it will also require money. The potentialfor increased administrative costs and responsibilities will need to be addressed. AMO welcomes the opportunity to make sure that our resources are used in the most efficient way so that people can get access to the services they need. We also welcome the opportunity to make sure that we get the planning for our communities and our future right. AMO Gontact: Petra Wolfbeiss, Senior Policy Advisor, email: pwolfbeiss@amo.on.ca, (416) 971-9856 ext. 329. Correspondence dated November 29, 2010 from Association of Municipalities of Ontario regarding "Government Announces Page 28 of 137 E-J ^h{lÀHh"lál;rfi ùl llonir þrlllc rrf Ðnlar iI Theme: Date: Time: Location: Room Rates: Sessions: Transforming Today for Tomorrow Wednesday, December 8,20L0 and Thursday, December 9,2070 Wednesday registration at 8:30 a.m. in the main hotel lobby. Four Points by Sheraton London, 1150 Wellington Road South . London, ON ' N6E 1M3 Phone: 519-681-0600 . Fax: 579-68L-8222 Standard Double 599* plus taxes, per night or Executive King Suite StOg* plus taxes, per night *Note: rates only in effect if booked before November 10, 2010. Check in after 3 p.m. Check out prior to Noon Keynote Speaker: This year we are featuring John Dorland as our keynote speaker. John has delivered diversity trainingformorethantenyears. Heisaninspiringspeakerwhosesharingoffirst-handlife experiences powerfully conveys the value of "inclusion". Both plenary and concurrent sessions are planned each day. tnlcrl: lYesl Þ,1 ,ipl[r'ihrenis fr o'J Wednesday, December 8 & Thursday, December 9 Four Points by Sheraton, London, Ontario The Munícipal Services Office - Western of the Mínistry of Municipal Affairs and Housing ís finalizing plans for the 2010 Ontario West Municipal Conference. Sheraton. Registration for the conference will be done through the Association of Municipalities of Ontario. Please refer to www.amo.on.ca for periodic updates as well as information on conference speakers and sessions. Concurrent Sessions: (subject to change) Wednesday, December 8, 2010 at 1:00 p.m. Thursday, December 9,2OLO at 9:(X) a.m. . Drinking Water for Councillors: What's on Tap for You? . Demystifying Municipal Finance . Sustainable Communities: From Energy Efficient Housing to Sustainable Neighbourhoods¡ Site Selection for Used Nuclear Fuel storage. l've Been Elected to Council - What Should I Know? Wednesday, December 8, 2010 at 2:45 p.m. . A New Southwestern Ontario: From Vision to lmplementation. Think Globally, Tweet Locally: Municipal Use of Social Media. Community lmprovement Plans: Exploring Your Optíons. Managing Cultural Heritage in your Municipality Registration Fee: SZS+.ZS (5225 plus $Zg.ZS HST). Registration fee includes all meals, with dinner on Wednesday eventng at which time the Long Standing Service Awards wif I be presented by the Minister. Please note:Additional tíckets for the Wednesday evening dinner may be available for purchase for SSO.OO plus HSf, subject to availability. lf you are interested in purchasing a dinner ticket for a companion, please contact the conference Co-Chairs Dwayne Evans or Luanne Phair at 7-800-265-4736 prior to Tuesday, November 30th. Complete the registration form and mail or fax to the Association of Municipalities of Ontario, 200 University Avenue, Suite 801, Toronto, Ontario, M5H 3C6 | Fax:416-971-5191 . Climate Change: How does it lmpact Municipal Decision Making?¡ Coming Down the Pipe: Water Opportunities and Conservation . Why Plan? (Land Use Planning) For detailed descriptions on the concurrent sessions please visit www.amo.on.ca To Register: Notice from Association of Municipalities of Ontario regarding "2010 Ontario West Municipal Conference". Page 29 of 137 Page 30 of 137 5 /) tb LONG POINT REGION CONSERVATION AUTHORITY BOARD OF DIRECTORS - MINUTES November 3'd, 2010 (as approved at the Board Meeting held on November 12,20101 Members in attendance: L. Bartlett, P. Black, L. Chanda, P. Ens, R. Geysens, J. Hunt, S. Lamb, P. Lee and R. Sackrider. Staff in attendance: C. Evanitski, J. Robertson, J. Maxwell, B Hodi, C. Jacques and D. McLachlan. Special Guest: H. King Regrets: B. Sloat. The LPRCA Vice-Chair called the meeting to order at 7:10 pm Wednesday, November 3'd, 2010 in the Tillsonburg Administration Office Boardroom. ADD¡TIONAL AGENDA ITEMS MOTION A-171moved: P. Lee seconded: S. Lamb That the LPRCA Board of Directors add "Follow-up 2011 Budget Meeting: as item 10 (h) and "Budget Voting" as item 10 (i)to the November to, 2010 Agenda. CARRIED DISCLOSURES OF INTEREST None DEPUTATIONS a) Heather King, Community Programs Superuisor, Norfolk County Re: Hay Creek Programs 2010 Norfolk County leased the Hay Creek Conservation Area again in 2010 and this summer they also leased the office. They expressed their appreciation because not only were they able to expand their summer programs but it also alleviated accommodation issues created by a fire at the main County office. H. King provided a hand-out and reviewed the programs and attendance of the 2010 summer programs. Norfolk County staff was very happy with the accommodations, and the programs offered were well received by the public. They are interested in leasing both the Hay Creek office and Conservation Area again in 2011. MOTION A-172 moved: P. Lee seconded: S. Lamb That the LPBCA Board of Directors receives the deputation by Heather King, Community Programs Superuisor, Norfolk County as information. FULL AUTHORITY COMMITTEE MEMBERS Leroy Bartlett, Peter Black, Larry Chanda, Paul Ens, Roger Geysens, John Hunt, Sam Lamb, Pat Lee, Ron Sackrider, Harry Sloat Long Point Region Conservation Authority Board of Directors Minutes of meeting held November 3, 2010. Page 31 of 137 CARRIED MINUTES OF PREVIOUS MEETINGS MOTION A-173 moved: P. Lee seconded: S. Lamb That the minutes of the LPRCA Board of Directors regular meeting hetd October dn, 2010 be adopted as circulated. CARRIED BUSINESS ARISING a) LPRCA Board Restructuring The GM reviewed his report noting that the LPRCA last restructured its Board 10 years ago at which time the Board was downsized from 14 members to the current 10. The Board was presented with three options 1. Restructure based on population as specified in the CA Act; 2. Strike a subcommittee to develop an alternative model and seek approval from all participating municipalities; or 3. Maintain status quo. MOTION A-174 moved: S. Lamb seconded: P. Lee That the LPRCA Board of Directors strikes a subcommittee to review options for restructuring the LPRCA Board membership; AND That the subcommittee recommend to the Board the preferred option for its consideration. DEFERRED REVIEW OF COMMITTEE MINUTES MOTION A-175 moved: S. Lamb seconded: P. Lee That the minutes from the Backus Advisory Board of August 1dh, 2010 be received as information. CARRIED CORRESPONDENCE MOTION A-176 moved by: S. Lamb seconded: P. Lee That correspondence outtined in the Board of Directors'Agenda of November ld, 2010 with additions be received for information. CARRIED DEVELOPMENT APPLICATIONS FULL AUTHORITY COMMITTEE MEMBERS Leroy Bartlett, Peter Black, Larry Chanda, Paul Ens, Roger Geysens, John Hunt, Sam Lamb, Pat Lee, Ron Sackrider, Harry Sloat -2- Long Point Region Conservation Authority Board of Directors Minutes of meeting held November 3, 2010. Page 32 of 137 a) M|D-MONTH CONFTRMATTON B. Hodi, Water Resources Analyst was available for questioning by the Board Members. MOTION A-177 moved by: S. Lamb seconded:J. Hunt That the LPRCA Board of Directors approves the following Development Applications: A. For Work under Section 28 Regulations, Development, lnterference with Wetlands & Alterations to Shorelines and Watercourses Regulations (B.B.O. 1990 Reg. 178/06), NC-94/10 NC-96/10 NC-98/10 NC-95/10 NC-97/10 TIL-10/10 B. That the designated officers of LPRCA be authorized to complete the approval process for these Development Applications, as far as ít relates to LPRCA's mandate and related Regulations. CARRIED b) NEW APPLTCATTONS An updated report was distributed. The Planning Department requested approval for a total of five applications. MOTION A-178 moved by: J. Hunt seconded: S. Lamb That the Board of Dírectors of the LPRCA approves the following Development Applications: A. For Work under Section 28 Regulations, Development, lnterference with Wetlands & Alterations to Shorelines and Watercourses Begulations (B.R.O. 1990 Reg. 178/06), HC-33/10 NC-99/10 HC35n0 HC-34/10 NC-101/10 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 NEW BUSINESS FULL AUTHORITY COMMITTEE MEMBERS Leroy Bartlett, Peter Black, Larry Chanda, Paul Ens, Roger Geysens, John Hunt, Sam Lamb, Pat Lee, Ron Sackrider, Harry Sloat -3- Long Point Region Conservation Authority Board of Directors Minutes of meeting held November 3, 2010. Page 33 of 137 a) CALENDAR REVTEW Two events scheduled in December were high-lighted. The LPRCA Christmas Dinner will be held at the Delhi Golf & Country ClubFridãy, December 1Oth and the LPRCA/Camp Trillium fundraising event, Festival of Trees, is set for Saturday, December 4th. There will be 18 decorated tlees and2 potted trees up for auction. Tickets are $5 and include lunch. MOTION A-179 moved by: S. Lamb seconded: J. Hunt That the LPRCA Board of Directors receives the November Calendar Review Report as information. CARRIED b) GENERAL MANAGER'S REPORT No questions or concerns. MOTION A-180 moved by:J. Hunt seconded: R. Geysens That the LPRCA Board of Directors receives the General Manager's Beport for October 2010 as information. CARRIED c) g'o QUARTER FtNANctAL REPoRT J. Maxwell reported that the LPRCA budget is on target. Senior staff will be reviewing the various outstanding projects for year-end. MOTION A-181 moved by: R. Geysens seconded:J. Hunt That the LPRCA Board of Directors receives the { Quarter Budget Performance Report for information. CARRIED d) EFFTCTENCY STUDY UPDATE The GM cited a letter from KCCA noting that they passed the same motion the LPRCA Board passed in October (.MOTION A-157 LPRCA Board of Directors adopts the final LPRCA-KCCA Co-operative Efficiency Study by KPMG; AND that the two conservation authorities strike a Liaison Committee consisting of existing Efficiency Committee members to explore implementation of selected recommendations while respecting the autonomy of each organization.) Once a new Board is in place, a liaison committee between the two CAs can be formed. FULL AUTHORITY COMM¡TTEE MEMBERS Leroy Bartlett, Peter Black, Larry Chanda, Paul Ens, Roger Geysens, John Hunt, Sam Lamb, Pat Lee, Ron Sackrider, Harry Sloat -4- Long Point Region Conservation Authority Board of Directors Minutes of meeting held November 3, 2010. Page 34 of 137 MOTION A-182 moved by: P. Ens seconded: R. Geysens That the LPRCA Board of Directors receives the verbal Efficiency Study by the General Manager as presented at the November td, 2010 Board of Directors' meeting as information. CARRIED e) LPRCA - DECEMBER MEETING Most Board Member appointments expire November 30th. According to the Conservation Authorities Act, members are empowered up to the meeting after appointment expiry. Unless there are pressing issues, there will be no meeting in December. MOTION A-183 moved by: P. Ens seconded: R. Geysens That the LPRCA Board of Directors receives the verbal December Meeting information by the General Manager as presented at the November {, 20t0 Board of Directors' meeting as information; And that the LPRCA Board of Directors will not meet December lst, 2010. CARRIED f) BLACK CREEK WATERMATN CROSSTNG The Norfolk County Engineering Department requested a right-of-way to improve their watermain network. lt was noted that the report from G. Douglas Vallee Ltd, indicated an incorrect address, the property is located in Woodhouse Township not Walpole Township. The Board also requested that the agreement stipulate that Norfolk County cover the cost of replanting trees specifically on LPRCA property. MOTION A-184 moved by: P. Ens seconded: L. Chanda That the LPRCA Board of Directors approves a municipal right-ofway through and along the eastern property line of the Black Creek Conseruation Area. CARRIED g) WATERSHED UPDATE October was wetter than normal and September was slightly dryer. 90'/" of normal precipitation has been received with higher than normal temperatures year-to-date. The short-term weather is predicted to be seasonable with a warming trend in the middle of next week. The next three months are predicted to be warmer to normal and dryer to normal. Stream flows are near normal. Groundwater flows are lower to FULL AUTHORITY COMMITTEE MEMBERS Leroy Bartlett, Peter Black, Larry Chanda, Paul Ens, Roger Geysens, John Hunt, Sam Lamb, Pat Lee, Ron Sackrider, Harry Sloat -5- Long Point Region Conservation Authority Board of Directors Minutes of meeting held November 3, 2010. Page 35 of 137 normal. MOTION A-185 moved by: P. Ens seconded: L. Chanda That the LPRCA Board of Directors receives the verbal Watershed Conditions Update by the Source Water Protection Technician as presented at the November lo, 2010 Board of Directors'meeting for information. CARRIED h) FoLLOW-UP 2011 BUDGET MEETING All agreed to meet Friday, November 12th in the LRPCA Boardroom at 1Oam for the Budget meeting. ¡) BUDGET VOTTNG A report was handed out and reviewed by the GM clarifying the rules regarding the weighted vote, specifically, how the weighted vote is calculated if a Member is missing. A proxy vote is not permitted. MOTION A-186 moved by: L. Bartlett seconded: L. Chanda That the LPHCA Board of Directors receives the staff report regarding Budget Voting for information. CARRIED L. Bartlett advised the Board that Haldimand County has developed a Lakescape program for under serviced lakeshore areas. He is involved in the clean-up at the mouth of Spring Creek. MOTION A-187 moved by: L. Bartlett seconded: L. Chanda That the LPRCA Board of Directors does now enter into an "ln Camera" session to dLscuss; D a proposed or pending acquisition or disposition of land by the Conseruation Authority. CARRIED MOTION A-190 moved by L. Bartlett seconded by P. Black That the LPRCA Board of Directors does now adjourn from the "ln Camera"session. FULL AUTHORITY COMMITTEE MEMBERS Leroy Bartlett, Peter Black, Larry Chanda, Paul Ens, Roger Geysens, John Hunt, Sam Lamb, Pat Lee, Ron Sackrider, Harry Sloat -6- Long Point Region Conservation Authority Board of Directors Minutes of meeting held November 3, 2010. Page 36 of 137 CARRIED MOTION A-191 moved by R. Geysens seconded by L. Chanda That the LPRCA Board of Directors confirms the acquisition of the Vermeersch Property being Part Lot 152, Concession North of the Talbot Road in the former Township of Middteton (Norfolk County) designated Parts 1, 2, 3 and 4 on Reference Plan 37- 10187; Consisting of approximately 10.0 acres; And that staff issue a tax receipt for $100 000 to the vendor to complete the transaction with a closing date of November dn, 2010. CARRIED MOTION A-192 moved by J. Hunt seconded by P. Black That the LPRCA Board of Directors receives the confidential verbal report on land disposition as presented at the November 3'd, 2010 Board of Directors' meeting as information. CARRIED The Vice-Chairman adjourned the meeting at 8:50pm. Ron Sackrider Vice-Chairman Dana Mclachlan Admi nistrative Assistant FULL AUTHORITY COMMITTEE MEMBERS Leroy Bartlett, Peter Black, Larry Chanda, Paul Ens, Roger Geysens, John Hunt, Sam Lamb, Pat Lee, Ron Sackrider, Harry Sloat 7- Long Point Region Conservation Authority Board of Directors Minutes of meeting held November 3, 2010. Page 37 of 137 Page 38 of 137 t-J MU NICIPALITY OF ßAYI.IAM November 17,2010 Municipality of Bayham P.O. Box 160 9344 Plank Road Straffordville, Ontario NOJ 1YO Attention: Kyle Kruger, CMO, Administrator - Plank Road (Go Road #19) in Vienna We have received your correspondence dated October 20th regarding improvements to Plank Road through Vienna. The reconstruction of this portion of Plank Road is identified as a County Road "Need" and shares a list of more than ì80 projects valued at approximately $215 million. The County of Elgin invests approximately $5 mill¡on annually towards road capital projects, therefore, all road needs cannot be completed in a timely manner. That being stated, the resurfacing of Plank Road (including through Vienna) does form part of staff's 5-yéar capital plan (currently proposed in 2015) that is approved for implementation by County Council annually. The pian is very dynamic beyond the following year's planned projecis to adjust for more pressing needs as they arise and to accommodate Council priorities. lf you have any questions in regards to this information, please contact the undersigned. Yours Peter Dutchak, CET, CRS Deputy Director of Engineering Services County of Elgin Engineering Services 450 Sunset Drive St Thomas, On N5R 5V1 Phone: 519- 631-1460 www.elgin-county on.ca DEOE¡VElì No,, ? 5 ?rl1,, A/6 Correspondence dated November 17, 2010 from the County of Elgin regarding "Improvements - Plank Road (County Road #19) Page 39 of 137 Page 40 of 137 Ministry of Agriculture, Food and Rural Affairs 4th Floor 1 Stone Road West Guelph, Ontario N1G 4Y2 Tel: 1-866-306-7827 Fax: 5'19 826-4336 ı Ministère de I'Agriculture, de I'Alimentation et des Affaires rurales 4" étage 1 Stone Road West Guelph (Ontario) N1G 4Y2 Té1.: 1-866-306-7827 Téléc.: 519 826-4336 Rural Gommunity Development Branch (ìí- i a i, ii,. :-ì rt ttl:,'t, Dear CAO/CIerk/Treasurer, On August 16,2010 the provincial government launched the third phase of the Ontario SmallWatenvorks Assistance Program (OSWAP-3). OSWAP-3 is a merit-based capital prograrn that will provide up to $SO-million in cap¡tal ass¡stance to help small communities improve water conservation and to make water and wastewater systems more efficient. Eligible projects include water or wastewater capital projects that:. reduce the amount of water treated; and/oro reduce the amount of wastewater treated; and/oro reduce the energy usage in water and wastewater systems. For example, the installation of water meters and the replacemenVrehabilitation of leaky pipes are both potential projects that would be considered eligible. OSWAP-3 will have two application intakes. The first intake closes on February 15,2011 and the second intake closes on February 15,2012. A municipality or Local Services Board is eligible to apply for OSWAP-3 funding if it owns: . one or more residential drinking water systems that service between 1 and 5,000 residents in total within its geographic boundaries; or. one or more res¡dential wastewater systems that service between 1 and 5,000 residents in totalwithin its geographic boundaries; oro both residential drinking water system(s) and wastewater system(s) where the average population served (i.e., total drinking water population served + total wastewater population served + 2) is 5,000 or less within its geographic boundaries. lf your community is eligible we encourage you to submit an application. Please visit www.ontario.ca"/oswap to find out more about OSWAP-3. A guidebook and application can be found on the website. The Ministry of Agriculture, Food and Rural Affairs will provide one- window service on behalf of the provincial government. You may call us at 1-888-588-41 1 1 or contact us by e-mail at oswap@ontario.ca if you have any questions. Sincerely, Dino Radocchia Manager, lnfrastructure Programs Unit Pick Ontario Freshness Cueillez la fraîcheur de l'Ontario '"$e- Correspondence received October 19, 2010 from Ministry of Agriculture, Food and Rural Affairs regarding "Rural Community Page 41 of 137 Page 42 of 137 ) Ministry of Citizenship Ministère des Affaires civiques and lmmigration et de I'lmmigration ñËütE7 Ontario Minister 6'h Floor Ministre 6" étage 400 University Avenue 400, avenue University Toronto ON M7A 2Rg Toronto ON M7A 2Rg Tel.: (416)325-6200 Té1.: (416) Fax: (416) 32s-6195 Téléc. : (416) November 2010 MUNI T BAYHAM Dear friend, I am pleased to advise you that nominat¡ons for the Ontario Medal for Young Volunteers are being accepted by the Ontario Honours and Awards Secretariat. The Ontario Medal for Young Volunteers is presented by the Lieutenant Governor to exceptional young volunteers, between the ages of 15 and 24. Through their actions and dedication, young volunteers have improved the quality of life in their communities, their province, the¡r country, and even around the world. This honour recogn¡zes Ontario's finest youth who understand the importance of volunteering, who demonstrate leadership, initiative and perseverance as well as inspire others. Do you know an outstanding young volunteer? lf so, please nominate them for the Ontario Medal for Young Volunteers. Deadline for nominations is Januarv 31. 2011. Nomination forms and additional information about the Ontario Medal for Young Volunteers, and other programs that recognize volunteers, are ava¡lable on the Ministry of Citizenship and lmmigration website at: www. o nta rio. ca/h on o u rs a n dawa rd s lf you have any questions or require assistance please contact the Ontario Honours and Awards Secretariat by phone at (41 6) 314-7526, toll free at 1-877-832-8622 or TTY 416- 327-2391. I genuinely hope you take this oppoftunity to nominate any young volunteer(s) you believe to be worthy of thís recognit¡on. Sincerely,l-l'^ Dr. Eric Hoskins Minister Correspondence dated November, 2010 from Ministry of Citizenship and Immigration regarding "Ontario Medal for Young Page 43 of 137 Page 44 of 137 5 Mlnistry of Gltlzenshlp and lmmlgratlon Minister 6ü Floor 400 University Avenue Toronto ON M7A 2Rg Tel.: (416) 325S200 Fax: (416)32S.6195 November,2010 Dear friends, Mlnlstère des Affaires clvlques et de I'lmmlgratlon Ministre 6" étage 400, avenue University Toronto ON M7A 2Rg Té1. : (416) 325€200 Téléc, : (416) 325-6195 RECE!VED NOv r  ?ll10hoa MUNICIPALITY OT BAYHAM As the Ontario Minister of Citizenship and lmmigration, I am once aga¡n very pleased to invite you to participate in the Volunteer Service Award (VSA) program. Many of you know the VSA ceremonies ar.e a long-standing Ontario tradition. ln fact, 2011 will represent a very special year - the 25h anniversary of this program. Volunteers are a vital resource to our commun¡ties and organ¡zations. They are critical to the strength and resil¡ence of our prov¡nce. They give back in so many ways that help hold our communit¡es together. The Ontario government recognizes volunteers from all sectors and for cont¡nuous years of service with a commun¡ty organization. The VSA provides an opportun¡ty to thank them in a significant way. I ask you to consider your volunteers - not just today's volunteers and their commitment but the potential and energy of tomorrow's volunteers - our youth. They are v¡tal to the future of volunteerism. Please take this opportunity to nominate volunteers from your organization, and feel free to share this letter with other organizations that would be interested in participating in this very worthwhile program. Nomination forms and additional information are available on the Mi nistry of Citizenship and I mmigration website at www.ontario.ca\honoursandawards You can also contact the Ontario Honours and Awards Secretariat by phone at 416-314-7526 or 1-877-832-8622, by TTY 416-327-2391 or by fax at416-314-7743. Remember, you can submit nomination forms at any time during the year. The deadline date is January 25 of each year. All nominations received after the deadline date will be considered for the following year. By submitting a nomination you can help ensure that volunteers receive the recognition they deserve from all of us. ln this very special2Stn anniversary year,l look forward to celebrating with you, the achievements of the very dynamic volunteers of Ontario. Yours truly,f*ø^ Dr. Eric Hoskins Minister Correspondence dated November, 2010 from Ministry of Citizenship and Immigration regarding "Volunteer Service Award". Page 45 of 137 Page 46 of 137 I Frcm : Ga riba Vazirova [ma ilto : GVazirova@ma rchofdimes.ca] Sent: Tuesday, November 23,20L0 1:58 pM To: Sandra Maertens Subject RE: Notification - Provincial Break-Open Ticket Licence November 23,2010 Town Clerk Township of Bayham Municipal Office 9344 Plank Road, Box 160, Straffordville, ON NOJ 1YO P o1 Dear Town Clerk, RE: Notification - Provincial Break-Open Ticket Licence Please find enclosed copies of the Ontario March of Dimes Provincial Break- open Ticket Lottery Licences (3541-01, 3s41-02, 3s41-03, 3s41-04, 3s41-os, 3541-06 and 3541-07) with attached addendum for BN1, BN3,8N14, AG1, 4G14, SP21 and 5P22. These licences are being sent to your office in accordance with the Terms and Conditions set forth by the Alcohol and Gaming Commission of Ontario. Ontario March of Dimes is conducting a Break Open Ticket Lottery at the following location within your municipality. Red Oak Travel Park, RR #1, Hwy 3, Lot 5 Con 8, Eden, ON NOJ 1H0 copies of these licences are on display at the location listed above. lf you have any questions feel free to contact my office at (416) 425-3463 ext. 7711, at your convenience. Sincerely, Per Dennis R. Ullman Special Projects Consultant Enclosures Gariba Vazirova I sr. Accounting clerk-Fundraising Ontario March of Dimes/March of Dimes Canada | 10 Overlea Blvd., Toronto, Ontario M4H 1A4 Phone: 416.425.3463 x725,5 | Fax= 416.425.4687 | e-mail: ovazirovaGùmarchofdimes.ca IWebsite: www.marchofdimes.ca Correspondence dated November 23, 2010 from Ontario March of Dimes regarding "Notification - Provincial Break-Open Ticket Page 47 of 137 /lhofrol rnd O.ñlñCffibiloôlMrro Cffih .¡06 La ¡tcab.t d.r r{¡ .L l'orÊ,*o Lottery Licence Licence de loterie oMH0453 REHABILITATION FOUND. FOR THE DISABLED ONTARIO MARCH OFDIMES 10 OVERLEA BLVD TORONTOON M4H 1A4 Províncial Nevada BN1 Gf;ij'./ i"J i Li¡;;üh¡i"rË Tû i]Ë trG$-3-åií) AGC O L I C E N ::i I l.J G s:t:-tít,?-IrîR 3541 November 10,2010 GIN/NIG: Llcensee / Titulaire de ilcence: Lottery Type lType de loterie: Ticket Type / Type de bilet: Licence Start Date / Date du dóbut de la DECEMBER 1,2010licence: Licence End Date / Date de fin de la licence:DECEMBER 31,2013 Special Terms and Conditions /Hodalités spóciales: sP22. IMPRINTED WITH 354147 SP21 - IMPRINTED WITH 354I{6 AG14 - IMPRINTED WITH 3541-05 AGl - IMPRINTED WTH 3541-04 BNI4 - IMPRINTED WITH 3541-03 BN3 - IMPRINTED WITH 3541-02 BNl - IMPRINTED WITH 3541-01 Lottery Licence Number/Numéro de la llcence de loterie: orginal Licence lssue Date/Date de dólivrance de la licence de loterie: Amended Licence lssue Date/Date de déllvrance de la licence modlfiéo: Registrar of Alcohol and Gaming /Registrateur des alcools et des ¡eur Not Transferable / lncessible Correspondence dated November 23, 2010 from Ontario March of Dimes regarding "Notification - Provincial Break-Open Ticket Page 48 of 137 Lottery Licence Licence de loterie The licensee may only sell break open ticket types manufactured by the following break open ticketsmanufacturere, registered under the Gaming óontrol ¡A, tggZ, Le titulaire de licence peut vendre uniquement les billets å fenêtres qui ont ótó fabrlqués par les fabrícants deblllets à fenåtres suivants, inscrlts en úertu de l'articte I de la Loi ¿ã tssz sur la réglementat¡on des jeux. Registration Number/Nod,inscription - Name/Nom OOOOO528 - ARROW GAMES CORPORATION 00000563 - SPECIALTY PRINT 00126764 - BATAAR & NOVELW LIMITED All mun copy or i#1::trå*iåi1992, to licensing authorlty tsales. lt proper norincarion to the rocar ricrensins aurhority "r'"::::ffi'"oJ¿"":; ï:#jËj*:ii:?tjfå'":'fïlicensing policiès may preclude the liceinsee troó sellir g rcÏets ìñ â municipality and jeopardÞe this lotterylicence. ntion du titulaire de llcence de vendre des billets à ce de loterie ainsi qu'une cople du certificat vertu de la Loi de 1992 ¡ur la róglementation des jeur l¡cences locales avant le dóbut de ta vente des biilets. les ròglements locaux. Le dófaut de foumir un avls r.espect des poritiques en marière de dóriwanc" ¿e ¡¡"",,j31'J:Jit:#"ff""J":äJÌ3';#iliJffîå:;:ji"*"-titulaire de licence dans une municlpalité et mettre en jeu ceite ticence de loterie. ^lcdÉl rnd OmJ.þCffiL¡lm .l Onı.fo Cffiha¡ùr í...¡coo,btt rt . j{¡ úa l,On¡tto Lottery Licence Number/Numéro de la licerrce de loterie: orginal Licence lssue Date/Þate de délivrance de ta licence de loterie: Amended Licence lssue Date/Date de délivrance de la licence modifiée: Registrar of Alcohol and Gaming /Reglstrateur des alcools et des jeux Not Transferable / lncessible 3541 November 10,2010 i- ci;'PY ?;F Lrd'r.Ì"rtË AGCO LlcËÑÊtNG OFFiÇi.ï',ì Correspondence dated November 23, 2010 from Ontario March of Dimes regarding "Notification - Provincial Break-Open Ticket Page 49 of 137 l¡coñol rrl 6lnlnûCeili¡rþı I Oltbrþ Co.ffi¡.¡oñ ai rlÉa¡I ú.t J¡¡ ô fow¡rto Lottery Licence Licence de loterie A letter of approval muct be lssued by the Alcohol and Gaming Commlsalon prtor to the sale of break opentickets in an unorganlzed territory'or on Federal or Provincial Crown Land. A request for a letter of approval must be made in writing to the Alcohol and at least 15 days prior to the propoóed t¡cket eale start date, and must lnclude the name name of the bruat open ticket seller and theregistration number issued, under the Gam to the break open ticket ¡eller. Fallure to obtain a letter of approval prior to the sale of tickets may jeopardize thi¡ licence. Une lettre d'approbation dolt être émise par la Commission des alcoole et dee þux avant ta vonte des billets à fenêtres dans un terrltoire non organisé ou sur les terres fódórales et provinciáles de ta Couronne. Une demande d'une lettre d'approbation doit ôtre soumise par ócrit à la Commission des alcools et der leux au moins quinze iours avant la date de début proposóe pour la vente des billete. Cette demande doit Indiquer lenom du territoire, le nom du vendeur de billets à fenêtres ainsi que le numóro d'inscription délivré au vendeur de billets à fenôtres en Yertu de la Loi de 1992 sur la réglementailon des leur. Le falt de ne pas obtenir unelettre d'approbation avant la venûe des billets peut mettie en jeu cette licánce. This licence is not valid on First Nations Terrltories. premières Naüons, Gette licence n'est pas valable sur les territoires des premières nations. A true copy of thls licence and a letter of approval (if rcquired) must be posted at each break open ticket seller location. Des copies certifiées conformes de la prósente licence et la lettre d'approbation (au besoin) doivent ôtre affichóes à chacune des billetteries appartenant au vendeur de billets à fenétres. The licensee must observe all terms and conditions of this licence as approved on its appllcation. The conduct of thls lottery is restricted to the dates and limits specifìed on thls llcence. Le titulaire de licence doit respecter toutes les modalitós de la présente licence telles qu'approuvóos sur sa demande. Cette loterle ne peut avolr lleu qu'aux dates, et selon les restrictions préclsóes sur cette licence. Lottery Licence Number/Numéro de la licence de loterie: Orginal Licence lssue Date/Date de déllvrance de la licence de loterie: Amended Licence lssue Date/Date de délivrance de la licence modifióe: Registrar of Alcohol and Gaming /Registrateur des alcools et des jeux Not Transferable / lncessible 3541 November 10,2010 G{IFY L1Ë L.i''l: t,ì'J';'Ë Tû EË iÞûsîËÐ Correspondence dated November 23, 2010 from Ontario March of Dimes regarding "Notification - Provincial Break-Open Ticket Page 50 of 137 5 ?t) FROM/DE: ELGIN COUNTY OPP DATE:25NOV10 OPP LAUNCH 2OIO FESTIVE R.I.D.E. CAMPAIGN (ELGIN COUNTY) - With the holiday season just beginning, the Ontario Provincial Police (OPP) are reminding motorists that there will be a visible increase of OPP officers again this holiday season as they focus their efforts to track down motorists who place everyone's safety at risk by drinking and driving on Ontario roads and highways. This year's annual OPP Festive R.l.D.E. (Reduce lmpaired Driving Everywhere) campaign will be in effect from Friday November 26,2010 through January 2, 2011. As of November 21, 2010, 304 people have died on OPP patrolled roadways, 50 of which were alcohol-related collisions. The Festive R.l.D.E. initiative has proven to be an effective deterrent and an important tool in raising awareness about the continued, senseless loss of life and injuries that result from driving while under the influence of alcohol or drugs. During the 2009 five-week OPP R,l,D.E. initiative, OPP officers stopped 1,199,280 vehicles at roadside checkpoints, compared to 884,729 in 2008. The results were that 299 persons were charged with criminal code alcohol- related offences compared to 319 in 2008. Officers also laid a total 5,195 other driving-related charges and issued 746warn range suspensions during last year's R.l.D.E. campaign. The OPP is reminding the public about changes to driving laws in Ontario that take effect on December 1, 2010, where drivers who have a blood alcohol concentration (BAC) over 80 milligrams or who fail/refuse to comply with a demand to provide a sample by a police officer will see their vehicles impounded for 7 days. This change to the Ontario driving law is in addition to other recent changes that took effect in August, 2010 where drivers under 21 years, regardless of the class of licence they have, must have a zero BAC or be suspended on the spot for 24 hours. Also, under the new Safe Roads for a Safer Ontario Acf introduced last year, drivers caught driving with a blood alcohol concentration (BAC) between 0.05 to 0.08 (known as the "warn range"), will have their licence immediately suspended for three days for a first occurrence, seven days for a second occurrence and 30 days for a third or subsequent occurrence. Correspondence dated November 25, 2010 from Elgin County OPP regarding "OPP Launch 2010 Festive R.I.D.E. Campaign". Page 51 of 137 "The OPP is committed to doing our part to promote traffic safety by removing impaired drivers from our roads to ensure that everyone can arrive at their destination safely this holiday season. We are calling on all drivers to support our efforts by doing their part and not mixing driving with alcohol or drugs", said OPP Deputy Commissioner Larry Beechey, Provincial Commander responsible for Traffic Safety and Operational Support. "lt is a tragedy when a life is taken by an irresponsible driver who got behind the wheel of a vehicle while impaired by drugs or alcohol", said Chief Superintendent Bill Grodzinski, Commander of the OPP Highway Safety Divisíon, "Drivers have numerous options available to them such as public transit, taxi cabs or having an alcohol and drug-free designated driver. Make the right choice and act responsibly", he added. Anyone who suspects a driver is driving while impaired ís encouraged to call políce by dialling 9-1-1 . The media and public are encouraged to visit the OPP website at www.opp.ca where the OPP will provide for regular updates of the developing results on the 2010 Festive R.l.D.E. program. LEARN MORE OPP Traffic Safety and Operational Support Command: http ://wunru. o pp. calecm s/i nd ex. p hp? id =30 Ontario Ministry of Transportation : wnv.mto.qov.on.ca -30- Gontact: Constable Troy Carlson Elgin County OPP Media Relations/Gommunity Services Phone: 519-631-2920 Ext. 5450 Pager: l-888-808-7195 Correspondence dated November 25, 2010 from Elgin County OPP regarding "OPP Launch 2010 Festive R.I.D.E. Campaign". Page 52 of 137 CORPORATION OF THE MUNICIPALITY OF BAYIIAM STAFF REPORT TO: Mayor & Members of Council DATE: December 2,2010 FROM: Gerry LeMay, Manager Public Works FILE: SUBJECT: Slurry Seal to Roads in Bayham NUMBER: PW 2010-21 Purpose This report outlines the work to be completed by M.S.O. Construction of Etobicoke regarding slurry seal application on the roadways as outlined in the 2010 Budget and the reasoning M.S.O. could not complete the work within the Municipality of Bayham . Background Council has given the Public'Works Department monies for Slurry Seal applications on roadway in the Municipality of Bayham. This report outlines where the repairs will be undertaken within the Municipality of Bayham and was passed in Council on July 15,2010. Staff Comments The Manager of Public Works has noted the roadway would be better suited to be completed next season when the weather is more conducive to the application of a road sealant. Our capital budget for this project is $ 142,164.96 which remains as an excess in the 2010 Capital Budget and shall be carried forward for 2011 capital budget. M.S.O. has upgraded the application from slurry seal to a micro seal application, at no extra cost, as well as allowing the Municipality of Bayham to have, free of charge, the usage of the Patch master for a week which is the unit we used this season to repair some road imperfections on Heritage Line and Plank Road. M.S.O. has also stated they will pay for the asphalt we use the week we use the Patch master. If the price goes down next year for micro seal our price will reflect this. Manager of Public Works has spoken with the County of Elgin regarding the condition of the roadway and the means of repairing the roadway which does meet with the County's approval. Under the Strategic Priorities Goal #2 (Ensure reliable, well maintained and secure infrastructure) subsection 3 we have met this parameter of the priorities with this By-Law ensures a standard system for the Municipal roadways. Attachments 1 List of Roadways to receive micro seal 2. Correspondence from M.S.O. Construction Strategic Plan Goal(s) 1. Goal #2 - Ensure reliable, well maintained and secure infrastructure Recommendation THAT Staff Memorandum 2010-21be received. -l LUY Respectfully submitted, Gerry LeMay Public Works Staff Report PW2010-21 regarding Slurry Seal to Roads in Bayham. Page 53 of 137 Staff Report PW2010-21 regarding Slurry Seal to Roads in Bayham. Page 54 of 137 ì m30 coÌ,tsTRucTtoN LmmD 175 Bethridge Road, Etobicoke, ON MgW 1 N4 Canada Tel:. 416.743.3224 Fax: 416.743.6664 ovER h YEARS oF sERvrcE November 8'h,20lo Municipality of Bayham Administrative Building Straffordville, ON NOJ lY0 Attn: Mr. Gerry Lemay - Manager of Public Works Dear Sir, Re: Slurrl Seal Application Please accept this letter as confirmation of our recent phone conversation. Unfortunately, due to weathe¡ beyond our conEol, we are unable to complete all of our contractual obligarions this year. What we propose to yoûr Municipality is that we delay the treatment of your roads until early in 201I (beforc the end of June). To make up for your inconvenience, we propose to do all the preparation required next spring to prepare your roads for zurfacing. We will patch any potholes or minor defects with hot mix asphalt from our Patchmaster unie and you can use the Patchmaster for a full week at no charge to yourselves. We will supply the hot mix. We will arrange to have the roads swept prior to ou¡ start. Further, we will supply microsu¡facing (with 4Vo latex polymer and premium trap rock agg¡egate) in place of the tendered slurry seal. We will hold the bid price of $2.90 per square metre unless the County of Elgin's 201I price for microsealing is lower, in which case we will match that price. We look forward to working for you and hope to see you in the spring. You¡s very truly, MSO Construction Limited Staff Report PW2010-21 regarding Slurry Seal to Roads in Bayham. Page 55 of 137 Page 56 of 137 1 CORPORATION OF THE MUNICIPALITY OF BAYHAM TO:December 212010 DK¿O10-011FROM: Drainage Superintendent SUBJECT: Bartley Municipal Drain Court of Revision Purpose: The purpose of this report is to provide for a Court of Revision hearing in connection with the Bartley Municipal Drain. Background: On Thursday October 7,2010 in accordance with Sections 44 to 46 of the Drainage Act, R.S.O. 1990, the Council of the Corporation of the Municipality of Bayham adopted Engineer Report #209138 dated August 31, 2010 as prepared by Spriet Associates for the Bartley Municipal Drain. Further to Section 46 of the Draínage Act, the Council of the Corporation of the Municipality of Bayham, on ThursdayNovember 4,2010 gave first and second reading to Provisional By-Law # 2010-100 to adopt the drainage works included in the aforementioned report and to authorize the Municipality to borrow, if required, the monies necessary to carry out the works therein and to levy upon the affected lands and roads their respective apportionment of the cost of the works. This Section of the Drainage Act also states that a Court of Revision will be held to provide an opportunity for any person or body entitled to receive Notice to appeal their assessment. Section 52 of The Drainage Act specifres that any owner of land assessed for the drainage works may appeal the assessment to any land or road as being too high or too low or that any land or road that should have been assess has not been assessed, or that due consideration has not been given as to t¡pe of use of land. The owner ma¡ in person or by agent, appeal to the Court of Revision by giving Notice in writing to the Clerk of the initiating municipality setting out the grounds of the appeal, and the appeal shall be heard by the Court of Revision. Every Notice of Appeal shall be given at least ten days before the first sitting of the Court, but the Court may, though Notice of Appeal has not been given, by resolution passed at its first sitting, allow an appeal to be heard on such conditions as to giving notice to all persons interested or otherwise as just appear. Section 53 of the Drainage Act specifies when the ground of appeal is that lands or roads are assessed too high and the evidence adduced satisfies the court of revision, that the assessments on such lands or roads should be reduced. All appellants are to be present at the court of revision meeting. If any of the appellants are absent from the meeting, then the meeting shall be adjourned to allow the clerk sufficient time to notiff by prepaid mail such persons of concern. STAFF REPORT Mayor & Members of Council Date: Report: Staff Report DR2010-011 regarding "Bartley Municipal Drain Court of Revision". Page 57 of 137 Staff Report DR20I0-0I I 2 December 2010 The clerk must also alter any assessments that are changed, and the provisional byJaw must be amended. A second meeting of the court of revision must be scheduled. Section 54(l) of the Drainage Act states any party to an appeal before the court of revision may appeal to the Tribunal by giving notice addressed to the clerk of the Tribunal, given to the clerk of the initiating municþality, from the decision of the court of revision or from its omission, neglect or refusal to hear or decide an appeal within twenty-one days of the pronouncement of the decision of the court of revision or of any matter evidencing such omission, neglect or refusal. Section 58 of the Drainage Act specifies that the after the Court of Revision has taken place and the time for appealing has expired and there are no appeals or after all appeals have been decided, the Council may pass a Provisional By-law authorizing the construction of the drainage works. A minimum of forty days must transpire commencing from the date of the mailing of the notice of Court of Revision before 3d reading of the Provisional ByJaw may take place. Further, drainage work may be commenced ten days after the bylaw is passed if no Notice of Intention to make application to quash the byJaw has been filed with the Clerk. Staff Comments Section 52(2) of the Drainage Act states that a person may submit a notice of appeal regarding their assessment via written notice to the Clerk within 10 days of the first sitting of the Court of Revision. As of November 22,2010 the clerk has not received any wriffen notice of appeals. Therefore, the Court of Revision should consider requesting comment from any landowners, or agents present, to determine if they wish to submit an appeal based on the assessment value included or excluded in the aforementioned Engineer's Report. Strategic Plan Goals: Goal#5: Develop a new and improved infrastructure network Recommendations: In the event no appeals are received it is recoÍrmended that Council consider the following resolution: *TIIAT the Court of Revision for the Bartley Municþal Drain hereby confirms the assessments as per the Engineer's Report # 209138 dated August 31, 2010.u Respectfully submitted, Staff Report DR2010-011 regarding "Bartley Municipal Drain Court of Revision". Page 58 of 137 ? CORPORATION OF THE MUNICIPALITY OF BAYTIAM STAFF REPORT TO: Mayor & Members of Council DATE: December 2,2010 FROM: Gord Roesch FILE: L04 By-law Enforcement Offi cer SUBJECTz 2071 Canine Control Services/Contract NUMBER: P20IO-0I2 PurDose: Obtain Council approval for the Mayor and Clerk to execute a contract agreement for Canine ControVPound Keeper Services for 2011. Background: Dog Control ByJaw #2009-059 provides for the prohibiting and regulating of dogs running at large within the Municipality and authorizes the seizing and impounding of any dogs found to be running at large. Since 2003 Rodger Martin of Lobo Pines Kennel (#56481 Eden Line) has provided canine control and pound keeper services for the Municipality of Bayham. In 2010 Mr. Martin's fees remained the same as 2009. Effective May 2009 the Municipality of Bayham recovers from the dog owner all fees related to impoundment of dogs. Mr. Martin receives the following fees for Canine Control services. Activify Fee MonthlyRetainer $1000 Per Dispatch $s0 Daily Impoundment (max. 3 days)$15 Patrol (if requested)$25lhour plus mileage Quarantine (if requested)$5O/pick up + $10/day of quarantine period Court Appearance $25lhour plus mileage Reimbursement of Auth onzed Veterinary Expenses Acfual Expenses Incurred Dog Owner Redeeming Dog $s0 Staff Report P2010-012 regarding "2011 Canine Control Services Contract". Page 59 of 137 The following chart indicates the costs the municipality has incurred on an annual basis for Canine Control Services. The 2010 costs are projected based on actual costs incurred from Jan. - Sept. and the average number of dogs impounded plus retainer fees for the fourth quarter (Oct. - Dec.) Staff Comments: Staff anticipates the costs for 2011 will be consistent with the projected costs for 2010. The projection is based on average number of dogs impounded and euthanized from 2005 - September 2010. As a note the cost for 2010 appears to be somewhat higher due to the inclusion of all fees related to impoundment of dogs. However the municipality fully recovers this fee for any dogs redeerned by owners. As of September 30,2010 $750.00 has been recovered from dog owners. Mr. Martin is prepared to renew the contractfor 2011 canine control and pound keeper services under the same terms and conditions as contained within the 2010 contract. Mr. Martin continues to provide his services in a professional manner. Staff has received no complaints regarding the current canine control offtcer and/or the pound facilities. Ontions: 1. Renew the contract with Rodger Martin for Canine ControlÆound Keeper Services by authorizing the execution of the Contract attached to draft By-law #20I0-I01. 2. Direct staff to tender for Canine Control/Pound Keeper Services for 2010. 3. Take no action at this time. Stratesic Goals Goal #I - Practice responsiblefinancial management Goal #4 - Be dedicated to service excellence ) 20000 1 5000 2 f roooo o 5000 0 Annual Canine Control Agent Cos{s 06 07 08 09 10 Year Staff Report P2010-012 regarding "2011 Canine Control Services Contract". Page 60 of 137 Recommendation: TIIAT staff report #P2010-012 regarding20ll Canine Control Services Contract be received; AND THAT Council accepts the proposal submitted by Rodger Martin for Canine ControUPound Keeper Services; AND THAT By-law #2010-107 being a by-law to authorize the Mayor and Clerk to execute a contract agreement with Rodger Martin for Canine ControUPound Keeper Services be presented to Council for enactment. Gord Roesch By-Law Enforcement Officer Reviewed B¡ Staff Report P2010-012 regarding "2011 Canine Control Services Contract". Page 61 of 137 TIIE CORPORATION OF THE MTJNICIPALITY OF BAYHAM BY-LAW NO. 20L0-107 A BY.LA\ry TO AUTHORIZE THE EXECUTION OF AN AGREEMENT BETWEEN THE MTJNICIPALITY OF BAYHAM AND RODGER MARTIN FOR THE PROVISION OF CANINE CONTROL/POUND KEEPER SERVICES WHEREAS the Municipality of Bayham is desirous of entering into a contract agreement with Rodger Martin for the continued provision of canine control officer and pound keeper services for the residents of the Municipality of Bayham. TIIERE,FORE THE COUNCIL OF THE CORPORATION OF TIIE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. TIIAT the Mayor and Clerk be and are hereby authorized to execute the Agreement attached hereto as Schedule órA" and formingpart of this ByJaw between the Municipality of Bayham and Rodger Martin for the provision of canine control officer and pound keeper services. 2. THAT this ByJaw shall come into fulI force and effect upon the first day of January 2011. READ A FIRST, SECOND AND THIRD TIME, AI\D FINALLY PASSED THIS 2"d DAY OF December 2010. MAYOR CLERK Staff Report P2010-012 regarding "2011 Canine Control Services Contract". Page 62 of 137 Page2 Schedule "A" to By-Law #2010-107 THIS AGREEMENT made in duplicate this 2nd day of December 2010. BETWEEN THE CORPORATION OF THE MUNICIPALITY OF BAYHAM Hereinafter called the "Municipality'' of the First Pa¡ -AND- RODGER MARTIN owner & operator of LOBO PINES KENNEL Address: 56481 Eden Line, RR#l Eden NOJ lHO Telephone: (519) 866-3909 Hereinaft er called "Martin" ofthe Second Part WHEREAS the Municipality of Bayham desires to provide for Canine Control Services for the residents of the Municipality of B ayham; AND WIIEREAS Rodger Martin, owner and operator of Lobo Pines Kennel has agreed to extend the agteement to supply the services of canine control and pound keeper for the residents of the Municipality of Bayham; NOW THEREFORE this Agreement witnesseth that in consideration of the mutual covenants herein contained, the parties agree with each other as follows: MARTIN CONVENANTS AND A,GREES AS FOLLOWS: 1. Canine Control Services l.I Martin shall provide the services of Canine Control Off,rcer and Pound Keeper within the geographic limits of the Municipality of Bayham and agrees to pick up stray dogs. I.2 Martin shall provide a vehicle suitably equþed to pickup such stray dogs. The vehicles shall be maintained in a safe and clean condition. I .3 Martin shall expressly understand that at no time shall the said vehicle become the property of the Municipality and that the responsibility for its operation, fuel, maintenance, license and insurancc shall rest solely with Martin. Martin shall agree to indemniff and save hannless the Municipality from any and all claims arising out of or in connection with the use of the said vehicle. 1.4 Martin shall agree to answer all telephone complaints authorized by Municipal staff as quickly as possible and to carry out patrols within the Municipality, if requested. 1.5 Martin agrees to respond to Municipal staff requests for the pick up of confined dogs during the hours of 8:30 a.m. to 4t3O p.m. Monday through Friday, excluding statutory holidays. The term "confined" shall mean, "kept restricted within certain limits" such as but not limited to the dog being kept or restricted to the Staff Report P2010-012 regarding "2011 Canine Control Services Contract". Page 63 of 137 Page 3 Schedule "4" to By-Law #2010-107 interior of a building or fenced in area. Martin may at his discretirondoaickups after 4:30 p.m., before 8:30 a.m., on weekends and süatutory holidays. L6 Martin agrees to respond to humane requests for the pick up of dogs at large that are deemed vicious, injured and/or ill, when requested by Municipal staff. 2. Pound Facilities 2.1 Martin shall provide and maintain a pound facility to be located within the geographical limi¡s s¡1¡" Municipality of Bayham to serve the residents of the Municipality. Such facility shall be kept in good order and state of cleanliness at all times in accordance with the Animals for Research Act, R.S.O. 1990, Chapter A.22, as amended and any Regulations thereof. 2.2 Martin shall ensure that pound facility and all dogs impounded shall be kept clean, well cared for, fed and watered during the time of confinement. 2.3 Sick or Injured Dogs: (a) Martin shall ensure that all sick or injured dogs will receive immediate medical attention by certified veterinary staff. Iq in the opinion of the medical staff, any dog is too severely injured or diseased and medical care will only prolong the suffering of the dog, the dog shall be humanely euthanized by a certified veterinarian and properly disposed of. (b) Every attempt shall be made by Martin to contact the owner of any such dog before such action is taken. Martin shall charge any and all veterinary service expenses to the Municipality. (c) Martin shall be reimbursed by the Municipality for all veterinary service expenses authorized by Municipal staff. 2.4 Martin shall keep a record of all dogs impounded and thei¡ disposition, which shall be submitted to the Municipality within ten (10) days following the end of each month. 2.5 Martin shall ensure that all dogs imFounded shall be kept for a minimum of th¡ee (3) days, excluding holidays and the day on which the dog was impounded. Any dog kept longer than the minimum shall be at the discretion and expense of Martin. 2.6 Martin shall attempt to contact the owner of any dog as quickly as possible. 2.7 WhenMartin quarantines ¿rr animal under the authority of the Elgin County Medical Offrcer of Health and Municipal staff, the Municipality shall pay the costs of the quarantine. 2.8 Martin shall display contact phone numbers and office hours at the pound facility in a place that is accessible to the public at all times. 2.9 The Municipality of Bayham shall recover such pound fees to cover the cost of pick up and boarding as cont¿ined within Bayham's I)og Control By-law #2009-059 and amendments thereto, together with any and all veterinary services, ifapplicable. 2.10 In the case of a quarantine period required by law, the Municipality shall recover all fees from dog owners, including boarding fees and veterinary expenses, ifapplicable. 2.ll Martin agrees that any dogs impounded shall not be released to the owner or other person until confirmation is received f¡om the Municipalilty that impoundment fees have been paid to the Municipality and that a current tag has been purchased from the Municipality. 2.L2 Martin agrees that any dog not claimed by the owner shall become the property of Martin and may be adopted, gifted, sold or humanely euthanized and properþ disposed of, in accordance with the Animals for Research Act, R.S.O. 1990, Chapter A.22, as amended and any Regulations thereof. Staff Report P2010-012 regarding "2011 Canine Control Services Contract". Page 64 of 137 Page 4 Schedule "4" to By-Law #2010-107 3. General 3.1 Martin shall maintain and pay for Comprehensive General Liability Insurance, including coverage for all operations as Canine Control Officer and Pound Keeper. This insurance coverage shall be subject to limits of not less than two million ($2,000,000.00) dollars, inclusive per occurrence for third party bodily injury and property damage. The coverage shall include the Municipality of Bayham as an additional insured in respect of all operations performed by or on behalf of the Municipality. The coverage shall not be altered, cancelled or allowed to expire or lapse without thirty (30) days prior written notice to the Municipality. A Certificate of Insurance shall be filed with the Municipality upon the signing of the Agreement and annually thereafter throughout the term of the Agreement. 3.2 Mafin shall agree to fulfrll all of his obligations in compliance with the Occupational Health and Safety Act and further agrees to take responsibility for any health and safety violation that may occur. Martin shall indemniff and save harrnless the Municipality from any and all charges, fines, penalties and costs that may be incurred or paid by the Municipality. 3.3 Martin shall provide a Certilicate from Workptace Safety and Insurance Board indicating that all pa)4nents by Martin to the Board in conjunction with this Agreement have been made and that the Municipality will not be liable to the Board for future payments in connection with this Agreement. The Certificate shall be provided upon signing of the Agreement and yearly thereafter until the expiry or termination of this Agreement. BAYHAM CONVENA¡ITS AI\D AGREES AS FOLLOWS: 4. Canine Control Officer 4.I The Municipality shall by appropriate Bylaw appoint Rodger Martin as Canine Control Officer and Pound Keeper for the Municipality of Bayham, effective immediately and to hold office during such time as the Agreement is in fuIl force and effect. 5. Remuneration 5.1 The Municipality shall, in return for Martin providing canine control and pound facility services, pay to Martin upon submission of monthly reports and invoices, the fees according to Schedule *,{" attached hereto. General The Municipality shall implement all By-laws providing the necessary authority for Martin to perform his duties. The Municipality shall supply Martin an identification card bearing his photograph, which shall be displayed for all persons contacted by Martin, while providing Canine Control Officer and Pound Keeper services. Such card shall be immedi¿1ely ¡çturned to the Municipality at the end of the service period. The Municipality shall provide Martin with a copy of the Animals for Research Act, R.S.O. 1990, c.A.22, and Regulatiots 22 and 23. THE PARTIES IIERETO COVENANT AND AGREE AS FOLLOWS: 7. That this Agreement shall øke effect on the I't day of January 2011 shall remain effective for a period of one year, unless sooner terminated in accordance with the Agreement or by agreement of the parties. 8. That either party may terrninate this Agreement upon forty-five (45) days notice in writing to the other party. Such notice may be mailed by ordinary prepaid mail to the other p arty, and this Agreement shall terminate on the forty-fifth day following the date of the mailing. 6. 6.1 6.2 6.3 Staff Report P2010-012 regarding "2011 Canine Control Services Contract". Page 65 of 137 Page 5 Schedule "A" to By-Law #2010-107 9. It is understood by the parties hereto that there will be no adjustment in fees paid by the Municipality during the fullterm of this Agreement 10. It is understood by the parties that all services carried out hereunder by Martin shall be as an independent contractor and not as an employee of the Municipality. 11. Any notice required to be given under this Agreement must be in writing and in the case of the Municipality, to: The Clerk, The Municipalþ of Bayham 9344 Plank Road, PO Box 160, Straffordville Ontario NOJ 1Y0; and in the case of Martin to:Rodger Martin, Lobo Pines Kennel 56481 Eden Line, RR#l Eden Ontario NOJ lH0. 12. That there have been no representations, oral or written, by either party, save as contained herein. 13 That every covenant, proviso and agreement herein contained shall ensure to the benefit ofand be binding upon the parties hereto and their heirs, executors, administrators, successors, and assigns, and that all covenants herein contained shall be construed as being joint and several and that when the context so requires or permits, the singular number shall be read as if the plural were expressed and the masculine gender as if the feminine or neuter, as the case may be, were expressed. WITNESS WHEREOF the seal of the party of the First Party duly attested thereto by the hands of its proper signing officers. SIGNED, SEALED AND DELIVERED, this 2nd day of December ,2010 Authorized by B ayham By-law #2010 -107 ) THECORPORATIONOFTHE MI]NICIPALITY OF BAYHAM per ) Mayor, Paul Ens ) Cle¡k, Lynda Millard WITNESS WHEREOF the part of the Second Part has hereunto set is hand and seal. SIGNED, SEALED AND DELIVERED, this day of ,2010. ln the presence of Witness:RODGER MARTIN ) ) ) ) Staff Report P2010-012 regarding "2011 Canine Control Services Contract". Page 66 of 137 Page 6 Service: Schedule "4" to By-Law #2010-107 CANINE CONTROL SERVICES AGREEMENT BETWEEN THE CORPORATION OF THE MTJNICIPALITY OF BAYHAM AND RODGERMARTIN Owner & operator of LOBO PINES KEI\NEL SCHEDT]LE Ú64'' Fee: l. Monthly Retainer Fee 2. Fee Per Dispatch as authorized byMunicipal Staff 3. Containment Fee per animal per day to a maximum of three days 4. Rate to Provide Patrol (if requested) 5. Quarantine (if requested) 6. CourtAppearanceFee 7. Reimbursement of authorized Veterinary Costs associated with unidentified injured/ill Dogs (if requested). 8. Fee for Dog claimed by the registered owner $1,000.00 $ s0.00 $ 1s.00 $ 25.00 per hour, plus municipal rate allowed per kilometer $ 50.00 forpickup of animal plus $10/day for the duration ofthe quarantine (10 days from the date of the incident) plus veterinary service costs, if any. $ 25.00 per hour, plus municipal rate allowed per kilometer $ 50.00 Staff Report P2010-012 regarding "2011 Canine Control Services Contract". Page 67 of 137 Page 68 of 137 lnvoice Payee Number Cheque Cheque Amount Number OOOO12 A & L CANADA LABORATORIES INC. 2010.08.06 6.3 9050 MUNICIPALITY OF BAYHAM Accounts Payable Royal Bank Cheque Register - 1111812010 1111812010 2:07PM 1 799949 SOIL TESTS 1013112010 I 648.39 009509 Cheque Amount - 648.39 OOOO27 ACCESS FASTENERS & SUPPLY LTD 0000120555 TOWELS 111Mt2010 I 90.29 009510 Cheque Amount - 90.29 001735 ANGIE RUNCIMAN reimburse cREDlr oN wATERAccouNT 11116t20'to I 24.04 oogs1l Cheque Amount - 74.04 OOOO75 AYLMEREXPRESS 0000156881 SCHOOL BOARD BALLOTS 10t18t2010 I 154.81 OO95l2 0000't56882 BALLOTS 10t18t2010 I 474.60 009512 0000156919 LETTERHAD EN\ÆLOPES 10118t2010 I 134.47 009512 0000157188 NOMINATIONS, ELECTTONS 10t27t2010 I 34t].83 009512 Cheque Amount - 1,112.71 OOO114 BOB BUTLER 0000258531 WORKBOOTS 10t30t2010 I 169.48 009513 R105721 RECEtpr- LTCENCE RENEWAL 10t29t2010 I 75.00 009513 R105722 RECEIPT - LICENCE RENEWAL 10t29t2010 I 1 1 5.OO 009513 Cheque Amount- 359.48 OOO.I2O BRAD VALKO coveralls / boots covERALLs & Boors 1111s12o10 I 2s6.49 oogsi4 Cheque Amount - 256.49 OOO154 CANADIAN KOOLWATER 1173 WATER BOTTLES 'toto5t2010 I 4o.oo oo95l5 1266 WATER BOTTLES 10t't9t2010 I 32.00 009515 Cheque Amount - 72.00 OOO156 CANADIAN PIPE & PUMP SUPPLY LTD T42æ29 PIPE 11t02t2010 I 89.78 009516 Cheque Amount - 89.78 001432 CULLTGAN K10333505't5 UN|T RENTAL - S.C.C. 11101t2010 I 29.32 oo95t7 Cheque Amount - 29.32 000218 CUPELOCAL35 Oct 10 remit UNION DUES 1013012010 I 379.77 009518 Cheque Amount - 379.77 OOO25O DEL-BAC SALES LIMITED 2't5197 SUppLtES 10t20t2010 I 645.47 009519 Page 1 Cheque Register being Cheque #9509 to Cheque #9593 inclusive and totaling $319,466.25 and Payroll Disbursements for the Page 69 of 137 lnvoice Payee Number lnvoice Date Tyæ Cheque Amount Cheque Number 2010.08.06 6.3 9050 144666-0 1447704 DYE DIESEL ROAD DIESEL REG GAS TEFLON TAPE, PLUGS STRAINER, HOSE, PVC Cheque Amount - 649.47 000260 DON HORTON 296465 TNSTALL METER AND BACK FLOW 1111712010 I 265.00 009520 Cheque Amount -265.00 001690 DOVVLER-KARN 252090 252091 252092 Cheque Amount - 1,765.78 OOO272 DYNAMIC FLUID PRODUCTS INC MUNICIPALITY OF BAYHAM Accounts Payable Royal Bank Cheque Register - 1111812010 1111812010 2:07PM Cheque Amount- 435.36 ooo275 E.O.N. ASSOCTATTON 34 SUMMERAD IN DAYTRIPPER 1OI2A2O1O I 476.49 009523 Cheque Amount - 476.49 OO17O8 EASTLINK Nov8127522450005842 INTERNET-FIREHALL 1111012010 I 91.72 009524 Nov8127522450011345 INTERNET-OFFICE 1'll1Ol2O1O I 9'1.47 009524 Nov81275224500'174'17 INTERNET - FIREHALL 11l1Ol2O1O I 89.99 009524 Nov8127522450031459 INTERNET-EDISONMUSEUM 1111012010 I 51.92 009524 Nov8127522450039965 INTERNET-MARINEMUSEUM 1111012010 I 51.92 009524 Nov8127522450050103 INTERNET-GARAGE 11l1Ol2O1O I 30.45 009524 Cheque Amount -407.47 OOO322 EVANS UTILITY 0000137603 tNsERTs 0000137624 PLUGS, TNSERTS 0000137649 TNSERTS 1012012010 I 510.21 009521 't012012010 I 446.90 009521 10t20t2010 I 808.67 009521 11t12t2010 I 27.37 009522 11t17t2010 I 407.99 009s22 1'10412010 I 180.80 009525 1110812010 I 662.41 009525 1'U1112010 I 180.80 009525 ChequeAmount- 1,024.01 OOO334 FASTENALCANADA oNTrs39412 PtN CLtp 11101t20'lï I 2.93 009526 oNTts39481 CABLE T|ES, STMPS 11t03t2010 I 67.61 009526 Cheque Amount - 70.54 OOO357 G& K SERVICES CANADA INC 1518616585 SHOP TOWELS, FLOOR MATS 1012812010 I 202.33 009527 Cheque Amount - 202.33 000376 GIBSON BENNETT s10-ar1 LEGAL SERVTCES - CHATHAM ST 11t03t2010 I 466.80 009528 Page 2 Cheque Register being Cheque #9509 to Cheque #9593 inclusive and totaling $319,466.25 and Payroll Disbursements for the Page 70 of 137 lnvoice Payee Number lnvoice Date Type Cheque Cheque Amount Number 2010.08.06 6.3 9050 s10-755 OOO991 HORVATH AUTO PARTS 205127 205182 Nov1885G12458 Nov2525ù12302 001779 JAKE KLASSEN reimburse OOO5I3 KOOLEN ELECTRIC 16221 16222 16223 16224 16255 MUNICIPALITY OF BAYHAM Accounts Payable Royal Bank Cheque Register- 1111812010 LEGAL SERVICES - HARBOUR 1110212010 I Cheque Amount - 11t18t2010 2:07PM u4.22 009528 11t0912010 1111012010 1,311.02 58.74 180.80 009s29 009529 OOO427 HYDRO ONE NETWORKS INC Nov00240 -14793 UTILITIES - GARAGE NovO6460 - 08880 UTILITIES - STRAF LIBRARY NorO6571 - ¡14066 UTILITIES - METER CHAITIBER Nov12660 - 62007 UTILITIES - MED BLDG Nov'|5773 - 68016 UTILITIES - PUMP#S GLOVES, WASHER FLUID STROBE UTILITIES - PB LIBRARY UTILITIES - OPP BLDG CREDIT ON WATER ACCT Cheque Amount -239.54 500.08 009530 203.37 009530 43.99 009530 73.30 009530 388.57 009530 202.04 009530 591.77 009530 379j12 009530 73.76 009530 331.55 009530 242.33 009530 1,182.20 009530 't1108120'10 11t10t2010 111Mt2010 1111012010 11t10t2010 1110412010 floa2010 11110t2010 1110412010 1111012010 11t1012010 1111012010 I I I I I I I I I I I I Nov25260 - 09578 UTILITIES - OFFICE Nov68850 - 12275 UTILITIES - PB PUBLIC WORKS Nov68860 - 08015 UTILITIES - STRAF FIRE Nov86590 - 87008 UTILITIES - PUMP#2 Nov87ô40 - 15034 UTILITIES - S.C.C. Cheque Amount - 1111512010 I 4,2',t2.08 200.00 009531 Cheque Amount - 11t08t20't0 't110812010 11t08t2010 11t08t20't0 11n?,2010 200.00 195.63 762.99 '161.67 238.00 389.85 009532 009532 009532 009532 009532 009533 009534 009535 STREETLIGHT REPAIR . STRAFF STREETLIGHT REPAIR - EDEN STREETLIGHT REPAIR - VIENNA STREELIGHT REPAIR - BURWELL REPAIR FIXTURE AT CENOTAPH OOOø7 NORFOLK DISPOSAL SERVICES I 4651 3 GARBAGE DISPOSAL 1OI31I2O1O I Cheque Amount - 10t30t2010 I Cheque Amount - Gheque Amount -1,748.14 39,508.78 000657 OMEGACONTRACTORS 46409-03 CERT#3 - VIENNA WATER 000658 oMERS Ocfl0 04100 39,508.78 179,033.15 179,033.15 12,115.36OCTIO REMIT 1013112010 I Page Cheque Register being Cheque #9509 to Cheque #9593 inclusive and totaling $319,466.25 and Payroll Disbursements for the Page 71 of 137 2010.08.06 6.3 9050 MUNICIPALITY OF BAYHAM Accounts Payable Royal Bank Cheque Register - 1111812010 lnvoice Payee Number lnvoice Cheque Cheque Date Tyæ Amount Number Cheque Amount - '1111812010 2:O7PM OOO71O PORTBURWELLHOME HARDWARE 't2,115.36 37.03 009536 11.96 009536 13.61 009536 67.75 009536 4.51 009536 10.35 009536 6.77 009536 29.23 009536 5.07 009536 15.24 009536 -15.24 009536 76.73 009536 8603 8622 8630 8647 8652 8654 8660 8662 86il 8665 8670 8703 OOO737 RAMONAPEIDL 237397 237398 237399 DOORSWEEP, TAPCONS FREEZER BAGS, BATTERIES DUCT TAPE, CLEAR TAPE FLOOD LIGHTS CLEAR SEAL LIGHTS COMPRESSION ELBOW COPPER PIPE, SAULDER, PASTE RED LIGHT PHOTOELECTRIC CONTROL PHOTOELECTRIC CONTROL CHRISTMAS LIGHTS 1010812010 't0t14t2010 101't512010 10t21t2010 1012112010 1012212010 10t26t2010 10t26t2010 10t27t2010 10t27t20'lo 10128120',t0 11112J2010 I I I I I I I I I I c I OCT'IO CLEANING OCT'1O CLEANING - V.C.C. OCT'IO CLEANING S.C.C. CATCH BASIN, GRATES SLOPING RISER MAINTENANCE DREDGING ocT'10 K-9 CONTROL SEPT'10 K-9 CONTROL Cheque Amount - 1010712010 I Cheque Amount -263.01 l,303.00 009537 533.00 009537 1,146.00 009537 1013012010 10t30t20't0 1013012010 OOO743 RBCROYALBANK Nov4516050004037598 GPS CITY OOO747 REID'S PRE-CAST CEMENT PRODUCT 2,982.00 136.56 009538 009540 009541 009542 009542 Cheque Amount -136.56 1,464.49 009539 82.49 009539 11lo8,l2o',tO 1'u0912010 000660 RELIANCE HOME COMFORT Nov0066310304721018 UNIT RENTAL - E.C.C. 001563 RIGGS ENGINEERING LTD. 8167 8174 10-893-'t OOO77O RODGERMARTIN #10'r0 #9'10 000806 SGSCANADAINC Cheque Amount - 11109t2010 I 1,546.98 31.08 Cheque Amount - 1110812010 I 31.08 1,293.85 Cheque Amount -1,293.85 1,130.00 I,356.00 10130t2010 0913012010 Cheque Amount -2,486.00 Page Cheque Register being Cheque #9509 to Cheque #9593 inclusive and totaling $319,466.25 and Payroll Disbursements for the Page 72 of 137 2010.08.06 6.3 9050 MUNICIPALITY OF BAYHAM Accounts Payable Royal Bank Cheque Register- 1111812010 lnvoice Payee Number lnvoice Cheque Cheque Date Type Amount Number 1111812010 2:07PM 10457644 104576r'.5 104576/¡6 10457647 10457648 10457649 10459469 10459470 10459471 1M59476 I.AB FEES LAB FEES LAB FEES LAB FEES I.AB FEES I.AB FEES LAB FEES LAB FEES I.AB FEES I.AB FEES HOLIDAY FEE. I.ABOUR DAY ANSWERING SERVICE '10127t2010 't0t27t2010 1012712010 1012712010 10t27t2010 10127t2010 1012912010 1012912010 1012912010 10t29t2010 238.43 009543 ô46.36 009543 7U.50 009543 635.06 009543 129.95 009543 224.87 009543 39.55 009543 70.06 009543 48.59 009543 32.77 009543 I I I I I I I I I I OOO829 SPECTRUM COMMUNICATIONS LTD 00006't0203 00006't0598 Cheque Amount -2,800.14 1 1.30 0095u14 84.69 009544 1011512010 10115t2010 OO14U STANTEC CONSULTING LTD. 515591 RICHMOND WATER OO.IOil STRAFFORDVILLE FIREMAN'S ASSOCIATION October dance 000866 TAB 1't140528 HALL REIMBURSEMENT FILE TABS 001418 TELUS 015894762028 Cheque Amount - 1111112010 I 95.99 1,889.67 009545 009546 Cheque Amount - 1111512010 I 1,889.67 230.00 Cheque Amount - (108/20'to I 230.00 197.26 009547 DOLLAR POOL SAVINGS 015894762028/2005876 CELL PHONE - G ROESCH 01589476202816171156 CELL PHONE - c LEMAY 015894762028t6171294 CELL PHONE - C JOHNSTON 015894762028/6197656 CELL PHONE -A SWANCE 01589476202816365709 CELL PHONE - PB FIRE DEPT 015894762028/6365787 CELL PHONE - RAODS DEPT I 015894762028/6366178 CELL PHONE - STMF FIRE DEPT 015894762028/6366198 CELL PHONE - E BRADFIELD 015894762028/6366368 CELL PHONE - E ROLOSON 015894762028/6369464 CELL PHONE - K KRUGER 015894762028/6689955 CELL PHONE - B BUTLER 015894762028t9021249 CELL PHONE - ROADS DEqT 2 Cheque Amount -197.26 -165.07 009548 341.63 009548 41.75 009548 38.70 00998 49.66 009548 44.86 009548 44.86 009548 45.03 009548 387.28 009548 243.24 0095,{8 54.92 009548 109.93 009548 44.86 009548 120.91 009548 10127t2010 10t27t2ï',t0 10t27t2010 1012712010 1012712010 1012712010 10127t2010 1012712010 10t27t20',to 10127t2010 1012712010 1012712010 10127120'to 11105t2010 c I I I I I I I I I I I I I016242498026MOBILE HIGH SPEED Page Cheque Register being Cheque #9509 to Cheque #9593 inclusive and totaling $319,466.25 and Payroll Disbursements for the Page 73 of 137 2010.08.06 6.3 9050 000986 WORKPI.ACE SAFETY & INSURANCE 1625314 Oct'10 OCT10 REMIT MUNICIPALIW OF BAYHAM 1111812010 2:O7PM Accounts Payable Royal Bank Cheque Register - 1111812010 Cheque Amount - 1,4Í16.97 OOO93O TSCSTORESL.P. 181018150 CLEANERS, MOp, BRUSHES 11t04t2010 I 77.45 009549 Cheque Amount - 77.45 1010912010 I 1,843.07 009550 Cheque Amount- 1,U3.07 Cheque Run Total - 2M,086.82 lnvoice Cheque Cheque ' ::: ', ' 'Date Type Amount Number 016242498026', CELL PHONE - B KNTFTON 11t05t2010 I U.41 009548 Page 6 Cheque Register being Cheque #9509 to Cheque #9593 inclusive and totaling $319,466.25 and Payroll Disbursements for the Page 74 of 137 lnvoice Payee Number lnvoice Date Type Cheque Cheque Amount Number 2010.08.06 6.3 9050 MUNICIPALITY OF BAYHAM Accounts Payable Royal Bank Cheque Register - 1112512010 1112512010 1:36PM 001647 12554750NTAR|O LTD 25391 MTTRE SAW, POSTS 11t10t2010 I 226.87 009551 28469 RECEPTACLE, ROpELtcHTS 11t17t2010 I 31.62 009551 31347 ROPEL|GHT 11t23t2010 I 29.36 009551 Cheque Amount - 287.85 OOOO27 ACCESS FASTENERS & SUPPLY LTD 0000120591 F|-ATWASHERS, HEX CAPS 11t18t2010 I 103.73 009552 ChequeAmount- 103.73 OOOO31 ADT SECURITY SERVICES CANADA ¿14660986 ALARM SYSTEM - V.C.C. 11t2212010 I 3U.20 009553 Cheque Amount - 3U.20 001781 BAYHAM WESTCEMETERYBOARD resolution REIMBURSE FOR FENCE REPAIR 11\A2O1O I 339.00 009554 ChequeAmount- 339.00 000106 BEVHICKEY reimburse expenses POLES, FLAGS, MILEAGE 1112212010 I 226.45 009S5S Cheque Amount - 236.45 001,148 BIO-AG SERVICES lNC. 290 LtQUtD B|O€OL|DS 11t2412010 I 7,439.36 009556 Cheque Amount - 7,439.36 001471 BLUEWAVE ENERGY 409233733212't7 DRUM DEPOS|T, OtL Cheque tunount - 915.21 001521 CLATMSPRO tNC. 3382G116864 LEGAL SERVTCES - CSTNOS 11t11t2010 I 805.00 009558 ChequeAmount- 805.00 000193 C|-AYTON COLL\ÆR coveralls expense COVERALLS 11116t2010 I 56.49 009559 Cheque Amount - 56.49 OO1O.I2 CLEARTECH INDUSTRIES INC. 440144 SJC CHLORTNE 11t0412010 I 233.80 009560 ChequeAmount- 233.80 OOO1OO CORPORATE EXPRESS 26328991 TONER, TNKJET LABEL 1'U16t2010 I 161.00 009561 26344902 tNK CARTRTDGES , LEXMARK 11t17t2010 t 54.23 009561 26373372 DRy ERASE BOARD, MARKERS 11t22t2010 I 55.91 009561 11117120'tO I 915.21 009557 Cheque Amount - 271.14 Page 1 Cheque Register being Cheque #9509 to Cheque #9593 inclusive and totaling $319,466.25 and Payroll Disbursements for the Page 75 of 137 lnvoice Payee Number lnvoice Date Type Cheque Amount Cheque Number 2010.08.06 6.3 9050 OOO255 DEREHAM FORGE 31OO5 ENGRAVED TAGS MUNICIPALITY OF BAYHAM Accounts Payable Royal Bank Cheque Register - 1112512010 11102t2010 11102120't0 1',v02t2010 11116t2010 111't612010 1111612010 1112512010 l:36PM 1111612010 I 1,204jt3 009562 Cheque Amount - 001690 DOWLER.KARN 252239 252240 252241 252465 252466 252467 DIESEL DYED ROAD DIESEL REG GAS DIESEL DYED ROAD DIESEL REG GAS UTILITIES - VIENNA STL UTILITIES. PB STL HWY I9 1,204j3 238.32 009563 835.99 009563 774.94 009563 707.',t1 009563 898.60 009563 1,2U.49 009563 Cheque Amount - 000316 EQUIPMENT CENTRE SIMCOE LTD T055586 ASPHALTROLLER fna2010 TO5579O GENERATOR, SUB PUMP, HOSE 1111812010 Cheque Amount - OOO322 EVANS UTILITY 00001 37689 TRANSITION GASKET Cheque Amount - OO17O5 FROESE EXCAVATING 792722 CATCH BASIN REPAIRS 't1111t2010 I Cheque Amount - 001782 GIFFEN LLP 50253 LEGAL SERVICES - CSINOS 1111112010 I 4,719.45 904.00 009564 .151.99 009564 OO127O GORD ROESCH reimbursement OO1O27 GREEN LEAAGCENTERINC 0000109062 OOO991 HORVATH AUTO PARTS 205441 OOO427 HYDRO ONE NETWORKS INC Nov25390-07266 Nov25390-55002 1'v18t2010 I Cheque Amount - MEAL & FUEL REIMBURSEMENT 1112212010 I Cheque Amount - GASKETS, DIAPHRAGMS 11115t2010 I Cheque Amount - WRES, LIGHTS, TIE WRAPS 1112312010 I Cheque Amount - 32.77 1,745.85 1,055.99 32.77 009565 009566 009567 009568 009569 009570 1,745.85 1,783.50 1,783.50 160.03 160.03 159.60 159.60 163.33 Nov50221 - 05009 UTILITIES - TREATMENT PLANT Nov53993 - 93004 UTILITIES - PUMPPÍ 11117t2010 1111712010 11119120'tO 1'1t11t2010 I I I I 163.33 672.95 009571 1,934.54 009571 4,759.39 009571 55.16 009571 Page Cheque Register being Cheque #9509 to Cheque #9593 inclusive and totaling $319,466.25 and Payroll Disbursements for the Page 76 of 137 lnvoice Payee Number lnvoice Date Tyæ Cheque Cheque Amount Number 2010.08.06 6.3 9050 MUNICIPALITY OF BAYHAM Accounts Payable Royal Bank Cheque Register - 1112512010 1112512010 1:36PM Nov6239&22001 UTILITIES - STRAF STL 11117120'10 I 1,226.52 009571 Nov62790 - 07266 UTILITIES - RICHMOND STL 1111712010 I 218.76 009571 Nov73394 - 81003 UTILITIES - PUMP#3 1111112010 I 78.95 009571 Nov81590 -07297 UTILITIES - EDEN STREETLIGHTS 11117120'10 I 665.01 009571 Nov87790 - 07295 UTILITIES - CORINTH STL 1'111712010 I 286.41 009571 Cheque Amount - 9,897.69 OO178O JAMIE PILEY 0000259196 REIMBURSE BOOTS 11112t2010 I 200.00 009572 Cheque Amount - 200.00 OOO485 JUST PIPE & FITTING INC. 023703-2 SNAPCOUPLERS 11t16t2010 I 86.19 009573 02378/.2 PLASTTC TUB|NG, COUPLERS 11t18t2010 I 1,052.60 009573 023882-2 WRAP TNSERT COUPLERS 11t23t2010 r 76_55 009573 Cheque Amount - 1,215.34 OOO518 KWIK KOPY PRINTING 37179 COPY PAPER 11t19t2010 I 155.91 009574 Cheque Amount - 155.91 OOO529 LAND IMPROVEMENT CONTRACTORS 2011 membership MEMBERSHIP RENEWAL 'l1l24l2Ù1ï I 129.95 009575 Cheque Amount -129.95 OOO572 MANULIFE FINANCIAL 100718243 DECEMBER REMIT 100718506 DECEMBER REMIT 1111212010 I s,443.86 009576 11t1U2010 I 3,873.96 009576 Cheque Amount - 9,317.82 0006íO MINISTER OF FINANCE 10142 FIRE COLLEGE REGTSTRATTON 't1t1012010 I 195.00 009577 ChequeAmount- 195.00 000623 MUNICIPALITY OF BAYHAM petty cash Nov OCT/NOV PETTY CASH 1112312010 I 161.80 009578 Cheque Amount - 161 .80 000663 ONTARIO BUILDING OFFICIALS 74324 MEMBERSHTP RENEWAL 11t15t2010 I 310.75 009579 ChequeAmount- 310.75 OOO727 PUROLATOR COURÍER LTD 410322422 COURTER SERVTCE 11t05t2010 I 79.09 009580 Cheque Amount - 79.09 OOO743 RBC ROYAL BANK Oct451605000095 41 l9 AMCTO 10127t2010 I 348.04 009581 Page 3 Cheque Register being Cheque #9509 to Cheque #9593 inclusive and totaling $319,466.25 and Payroll Disbursements for the Page 77 of 137 2010.08.06 6.3 9050 MUNICIPALITY OF BAYHAM 1112512010 1:36PM Accounts Payable Royal Bank Cheque Register - 1 il25l2Ù10 lnvoice Payee Number lnvoice Cheque Cheque Date Type Amount Number Oct45160500009541 l9 AMCTO nOV45 1 60500009541 01 I NTEREST 't0t08t2010 I 248.60 009581 11t08t2010 I 0.78 009s81 ANNUAL F|RE TNSPECTTON S.C.C. 10t30t20'to I 540.14 009583 ANNUAL TNSPECTTON - FTREHALL 10t3012010 I 137.86 009583 ANNUALINSPECTTON - PB LTBRAR' 10/30/2010 I U.75 009583 ANNUAL INSPECTION - E.C.C. 10t30120'to I 187.02 009583 ANNUAL INSPECTION - OFFICE 10t30t2010 I 90.40 009583 ANNUAL TNSPECTTON - LTBRARY 10t30t2010 I 163.85 009583 ANNUAL INSPECTION - FIREHALL 1OI3OI2O1O I U.75 009583 ANNUAL FIRE INSPECIIONS 10t30t2010 t 529.97 009583 11t16t2010 I 245.33 009587 11t16t20'tÙ I 21.47 009587 Cheque Amount - 597.42 OOO747 REID'S PRE-CAST CEMENT PRODUCT 7995 BOSS 2000 1',U23t2010 I 230.07 009582 Cheque Amount - 23O.Ol OOO827 SOUTHWESTERN FIRE PROTECTION 2407 2408 2409 2410 2411 2412 2413 2414 Cheque Amount - 1,818.74 OOO829 SPECTRUM COMMUNICATIONS LTD 000061 1955 HOLTDAY FEE - THANKSGTMNG 11t1st2010 I I't.30 009584 0000612338 ANSWERTNG SERVTCE 11t't5t2010 I 84.69 009584 Cheque Amount - 95.99 OO1O91 TBN DISTRIBUTERS LIMITED 4U.718+O WNDSHIELD REPAIR 1'v25120'lo I 62.15 009585 ChequeArnount- 62.15 OOO932 UNDERHILL FARM SUPPLYLTD 22606't COUPLERS, GEAR CLAMPS 1111712010 I 25.55 009586 226096 SUCTTON HOSE 111't912010 I 56.66 009586 Cheque Amount -82.21 OOO935 UNION GAS LIMITED Nov273-210619G9754 UTILITIES - ECC Nov273-21062434725 UTILITIES - PUMP#1 OOO947 VANDENBRINK FARM EQUIPMENT INC ChequeAmount- 266.80 PI63855 FILTERS 11117t2010 I 102.45 009588 Cheque Amount - 102.45 001783 XCG TRAINING AND OPERATIONS INC 91660000 couRSES 11t17t20'to I 621.50 009589 OOO99O ZAP'S TREE AND LAWN SERVICE Cheque Amount -621.50 Page 4 Cheque Register being Cheque #9509 to Cheque #9593 inclusive and totaling $319,466.25 and Payroll Disbursements for the Page 78 of 137 2010.08.06 6.3 90s0 MUNICIPALITY OF BAYHAM 1'112512010 1:36PM Accounts Payable Royal Bank Cheque Register - 1112512010 lnvoice Payee Number lnvoice Cheque Cheque Date Type Amount Number 00001577 REMOVE TREES RTCHMOND RD 11t17t20't0 I 1,101.75 009590 00001584 PRUNE SPRUCE TREES 11t't7t2010 t 542.40 009590 Cheque Amount - 1,644.15 Cheque Run Total - 49,281.71 Page 5 Cheque Register being Cheque #9509 to Cheque #9593 inclusive and totaling $319,466.25 and Payroll Disbursements for the Page 79 of 137 1 2010.08.06 6.3 e050 MUNtCtpALtw OF BAYHAM 1'U25t2010 2:27pM Accounts Payable Royal Bank Cheque Register - 1112512010 OOO574 MARGARET UNDERHILL 045 REIMBURSE FOR VOL N|GHT EXP| 11t25t2010 I 95.82 009591 001062 SPICERS BAKERY 4164 SLAB CAKES ChequeAmount- 95.82 1112512010 I 48.90 009592 ChequeAmount- 48.90 Cheque Run Total - 144.72 Page 'l Cheque Register being Cheque #9509 to Cheque #9593 inclusive and totaling $319,466.25 and Payroll Disbursements for the Page 80 of 137 ' ì Invoice Cheque Cheque ,,,, , ':;'¡, , Datq TyPe . ' Amount Numöer 2010.08.06 6.3 eoso MUNtCtpALtTY OF BAYHAM 11125120'10 3:26PM Accounts Payable Royal Bank Cheque Register - 1112512010 00061O MINISTER OF FINANCE renewal LICENCE PLATE RENEWALS 1'1125120'10 I 5,953.00 009593 Cheque Amount - 5,953.00 Cheque Run Total - 5,953.00 Page 1 Cheque Register being Cheque #9509 to Cheque #9593 inclusive and totaling $319,466.25 and Payroll Disbursements for the Page 81 of 137 .,^' ADP CANADA L TECHNOLOGIES UPDATE REPORT SORW MUNICIPALITY OF BAYHAH TOT PACKETS - 2 CURRENT I,100.20 ADJUST-DR PAYROL DAILY I TEH H0URLY t¡IoRKPAYS COHPANY TOTALS ADJ UST - CR CURRENT TOTAL 8,100.e0 896. r5 2,322.98 975.64 L2,294.97 36,92r.?O 36,9?L -20 q9 ,2L6.L7 I 17.90 15.55 49 ,349.40 ANALYSIS OF SERVICE CHARGES RUN: NOV 16 2010 N0: A PAGE: 1002 HST REG: 100057415 RT0004 COHPANY PAGE: 5 DEBIT DATE: Nov 17, 2010 DATE 0F PAY: NOV 19, 2010 YTD TOTAL T96,449.L6 FEDL TAX NR TAX PROV TAX 39,44L.A9 EI CoNT QPIP 96,0sO.42 CAN PEN QC PEN QC HSF 24,240.57 0N EHT I'IB HET NL I{APSET 356,L32.04 TOT STATS 37,447 -8L CHEQUES 469,976.7A DEPOSITS US DEPS 50. OO DED DEPS 907 ,474.59 T0T NPAY RRSP RTI L ,263,606.63 TOT PAYROL 3,223.05 SERV CHRG 88.95 cST LA7.76 lrST L.267, I06.39 GRAND TOT UNITS I CHARGE 47 .93 FEDL TAX NR TAX PROV TAX EI CONT QPIP CAN PEN QC PEN QC HSF ON EHT HB HET NL HAPSET TOT STATS CHEQUES DEPOS I TS US DEPS DED DEPS TOT NPAY RRSP RTI TOT PAYROL SERV CHRG GST HST GRAND TOT 896.15 2,322.94 975.64 L2,294.97 36,92L -20 36,92L.20 49 ,2L6.L7 Ir7.90 I5.35 49,349.40 YTD ADJUST I TEH PAYROLL RUNS ITEI.I UNITS SALARIED I¡ORKPAYS 20 PAY ADVICE FOLD 3I TOTAL S./C SUBJECT TO HST IS TOTAL PAYROLL DEBIT IS CHARGE 55.00 6.42 UN fTS 11 CHARGE 18. 15 r2.00COURIER FEE 1 I I7.90q9,349.40 DEBIT INFoRI,IATI0N: 005 05102 101r925 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 # 9 5 0 9 t o C h e q u e # 9 5 9 3 i n c l u s i v e a n d t o t a l i n g $ 3 1 9 , 4 6 6 . 2 5 a n d P a y r o l l D i s b u r s e m e n t s f o r t h e P a g e 8 2 o f 1 3 7 MEMORANDUM DATE: NOVEMBER 23,2010 TO: Council FROM: LYNDA MILLARD, Clerk RE: January 2011 Meeting Schedule NUMBER: C2010-08 Background In previous years, Council, due to the Christmas break and the short turnaround time to prepare the agenda, has agreed to reschedule the regular Januarymeetings and hold only one meeting in January. Determining a change to the schedule well in advance allows staff to better work in any necessary public meetings for which notice must be given. For 2011 it is suggested that one meeting be held on J nuary l3th. A resolution is required to that effect. Recommendation "THAT the regular fanuary 2017 Councíl meetíngs be rescheduled to allowfor one meetíng only on Thursday January 13, 2010 at 7:00 p.m." Staff Memorandum C2010-08 regarding "January 2011 Meeting Schedule". Page 83 of 137 Page 84 of 137 I 450 Sunset Drive St. Thomas, ON N5R 5V1 Municipality of Bayham Municipality of Central Elgin Municipality of Dutton/Dunwich Municipality of West Elgin Township of Malahide Township of Southwold C ta ELGIN GROUP POLICE SERVICES BOARD Chair Tom Marks Tel. 5'19 631-1460 Ext. 161 Fax 519 633-7661 Res. 519 631-8213 October 29,2010 Municipality of Bayham Municipality of Central Elgin Municipality of Dutton/Dunwich Municipality of West Elgin Township of Malahide Township of Southwold Dear Mayor and Councillors: Re: Appointments to the Elqin Group Police Services Board The terms of the appointment for the members to the Elgin Group Police Services Board (PSB) expire on December 31 ,2010. The municipal appointments to the PSB coincide with the term of election to Municipal Councils. The terms are four years. The rotation schedule is: - one elected representative appointed by the Municipality of Central Elgin; - one elected representative appointed from Eastern Elgin, alternating every term between the Township of Malahide and the Municipality of Bayham; - one community representative from Western Elgin, appointed jointly by the Township of Southwold, the Municipality of Dutton/Dunwich and the Municipality of West Elgin. Would you please fonruard the name of your nominee from your municipality, in resolution form, no later than December 15,2010. Thank you. Yours trulv. )/;";I-xo/.*ra Susan McConnell Elgin Group Police Services Board (County of Elgin, 519-631-1460 x103) c,c. OPP Inspector Brad Fishleigh Correspondence dated October 29, 2010 from Elgin Group Police Services Board regarding "Appointments to the Elgin Page 85 of 137 Page 86 of 137 ¿a L/J 87 John Street South, Aylmer, Ontorio NsH 2C3 Telephone: 519-7 7 3-5344 Fox: 5l 9-773-5334 www.molohide.co A proud trad¡t¡on, a brightfuture. Corporation of the Municipality of Bayham 9344 Plank Road Box 160 Straffordvil le, Ontario NOJ lYO Attention: Kyle Kruger, CAO November 5,2010 RE: Appointment of Board Representative - Port Burwell Area Secondary Water Supply System Joint Board of Management. As per the requirements of Transfer Order W1/1998, the Council of the Municipality of Bayham is required to appoint a representative and an alternate representative to the port Burwell Area Secondary water system Joint Board of Management. Please forward to us the names of your appointees so we may make the necessary arrangement in preparation of the first board meeting. We, as fhe administering municipalip responsible for the operations and administration of the system on your behalf, are looking forward to working with your representatives. Should you have any questions or concerns, please feel free to contact me at your convenience. Respectfully, Director of Physical Services Township of Malahide Michelle Casavecchia, CAOlClerk Township of Malahide, Secretary PBASWSS Joint Board of Management Robert Johnson, MICHETTE M. CASAVECCHIA Chief Administrotive Officer/Clerk mcosovecchio@molohide,co susAN E. wlLsoN Director of Finonce swilson@molohide.co Correspondence dated November 5, 2010 from Township of Malahide regarding "Appointment of Board Representative - Port Page 87 of 137 Page 88 of 137 Long Point Region Conservation Authority 4 Elm St., Tillsonburg, Ontario N4G 0C4 519-842-4242 or 1-888-231-5408 . Fax 51 9-842-7123 Email: conservation@lprca.on.ca . www.lprca.on.ca November 8th, 2o1o Lynda Millard Clerk Municipality of Bayham - Municipal Office 9344 Plank Road, Box 160 Straffordville ON NOJ 1Y0 MUNICIPALITY OF BAYHAM RE: Municipal Appointment to Long Point Region Conservation Authority Dear Ms. A'/'-tÞA Our records indicate that the joint Municipality of BayhamÆownship of Malahide appointment to the Board of Directors for the Long Point Region Conservation Authority will expire the end of this month. Council may appoint a representative for up to three years as per Section 14.(4) of the Conservation Authorities Act. The appointment should be effective January 1tt, 201 1 . The Long Point Region Conservation Authority Board of Directors meets the first Wednesday of most months with approximately 11 meetings annually. Meetings start at 6:30pm (November through April) and 7pm (May through October). There ís an Annual General Meeting in late February, a watershed tour in August, the Audit and Lee Brown Marsh committees that both meet twice annually, the Backus Advisory Board that meets about 10 times ayeat, as well as, various ad hoc committees. Elections for the Chair and Vice-chair take place annually at the first meeting of the year which will be January 12Th, 2011 . lf you have any questions, please do not hesitate to contact this office. assistance, Cliff Evanitski General Manager/Secretary-Treasurer c.c. Clerk, Township of Malahide rñ € A Member of Conseruation Ontario File: 1.1.1 ECEIVED NOv 1 2 2010 L tx Correspondence dated November 8, 2010 from Long Point Region Conservation Authority regarding "Municipal Appointment Page 89 of 137 Page 90 of 137 Nov.23, 2010 2:20PM County of Elein ? c/4 No, ó431 P, 2/2 county ol dEln ^dmlnlÉ tr¿tlyo SEryicog 450 Sunset Ddve sLlhoñâs,0n NsR5v1 Fhone: 519-631-1460 wwr¡r.ÊlÉ¡n{ou nty.on.cä November 23,2010 Via Fax Mayor and Council of Municipality of Bayham Dear Mayor and CouncÍl: The Elgin Gounty Land Division Committee requires a nomination to fill one position, due to the completion of the term of Paul Ens at the end of December. This new appointment will be effectíve January 1,2011 and will continue for the term ending on December 31, 2014. The areas covered by the appointee are all of the Municipality of Bayham and I th? Township of Malahide, east of County Road 73 (lmperial Roaá), north of Gounty Road 52 (Ron McNeil Line) and east of County Road 40 (Springfield Road) including Springfield. Please note it is Bayham Council's nomination to come fonsard, based on the number of granted land severances during this past term. Council is free to nominate an individual from within or outside of its municipal boundaries for this position, if it so desíres. Please submit your nominee for consideratíon at Elgin County Council, by no later than December 23,2010. Council will make its final decision on January 11,2011 and the first meeting of the new Land DÍvision committee will take place latór that month. I look forward to your response. Yours truly, Susan McConnell Adm inistrative Seruices Coordinator Extension 103 cc Paul Ens Susan Galloway, County of Elgin Township of Malahide Correspondence dated November 23, 2010 from County of Elgin regarding "Replacement of Member on the Elgin County Land Page 91 of 137 Page 92 of 137 ?CtL Lynda Millard From: Sent: To: Subject: Lynn Acre flynnacre@amtelecom. net] Friday, November 26,2010 4:13 PM Lynda Millard Appointment to Elgin Municipal Association Hi Lynda, I got an email- from the county wondering who Bayham's representative will- be on the Etgin/St.Thomas Municipal- Assocj-ation's board for the next term.I woul-d assume this woul-d be taken over by PauJ-, but coul-d you ask council- to considerthis appointment when they are dividing up the committee appoj-ntments.Generally the E1gin Municipal Association meets once in Jan, Feb. Mar. to plan the banquet which is held the fi-rst lrlednesday of ApriJ-. The l-ocation of the event rotates around theCity and County. This year I woul-d have been the chairman of the board, so it's possibJ-e that Bayham's appointee wiJ-1 step into this position. Once councif has made their decisì-on, could you have them notify T,isa Terrio. Her email- is l-terrioGelgin-county.on.ca Thanks, Lynn Correspondence dated November 26, 2010 from Lynn Acre regarding "Appointment to Elgin Municipal Association". Page 93 of 137 Page 94 of 137 Long Point Region Conservation Authority 4 Elm St., Tillsonburg, Ontario N4G 0C4 519-842-4242 or 1-888-231-5408 . Fax 519-842-7123 Email: conservation@lprca.on.ca' www.lprca.on.ca ECEIVE NOv 1 7 2010 MUNICIPALITY OF BAYHAM Re: 30-Day Notice to Affected Municipalities -2011 Draft LPRCA Budget Dear Mr. t/v'f At a Special Board of Directors meeting held on Friday, November 12th, the preliminary 2011 Operating and Capital Budgets for LPRCA were approved. Ontario Regulation 139/96 calls for a 30-day notice to affected municipal partners in order for them to consider and provide comment regarding the draft budget. The Regulation also requires that the notice be accompanied by the financial information used to determine that levy. As such, please find attached the following information on LPRCA's budgets for its member municipalities: 31.2011 Proposed Consolidated Budget Summary 32.2011 Proposed Operating Budget 33.201 1 Proposed Five-year Capital Budget 2011-2015 34. LPRCA Proposed 2011 Municipal Levy (Consolidated) 35.A chart identifying the CVA and proportional percentages by municipality used for the apportionment of the municipal costs 36.4 chart showing the apportionment of the capital costs to each municipality Assuming you receive this before the end of this week, LPRCA would expect any comment regarding the Draft 2011 Budget to be fonruarded to this office no later than noon, Monday December 2}th, 2010. LPRCA appreciates that with the recent changeover in local councils and the appointment of new conservation authority members for 2011, some new LPRCA Board members may not have had the same opportunity to ask staff questions regarding the 2011 Preliminary Budget. With that in mind, LPRCA will be hosting ) Q I''z November 16th,2010 Kyle Kruger, Administrator Municipality of Bayham 9344 Plank Rd, PO Box 160 Straffordville ON NOJ 1Y0 File:1 .4.5.1 € A Member of Conservation Ontario Correspondence dated November 16, 2010 from Long Point Region Conservation Authority regarding "30-Day Notice to Page 95 of 137 a new member orientat¡on at 1Oam on Friday, January 7th,2011 at which time any questions regarding the preliminary budget may be asked. The weighted vote for the Final 2011 LPRCA Budget will take place the evening of Wednesday, January 12th as part of the regular meeting of the LPRCA Board of Directors. Should you require any further information please feel free to contact myself at 51 9-842-4242, ext. 225. General Manager/Treasu rer-Secretary. Correspondence dated November 16, 2010 from Long Point Region Conservation Authority regarding "30-Day Notice to Page 96 of 137 Long Point Region Conservation Authority 2011 Proposed Gonsolidated Budget Summary 2010 Approved 2011 Proposed $ 3,282,341$ 296,oso $ 3,578,391 lncrease over 2010 7" lncrease over 2010 $ $ 3,160,713 297.358 3.8% -O.4"/" Total Operating Expenditures Total Capital Expenditures SOURCES OF REVENUE Municipal Levy - Operating Municipal Levy - Capital Subtotal Municipal Levy Provincial G rants/Subsidies Fede ral G rants/Subsidies User Fees Community Support Contribution from Reserves TOTAL REVENUE $ 3.458.071 100.0% $ 907,922 $ 135,358 $ 1,043,280 $ 149,062 $ 27,500 $ 1,607,41O $ 372,189 $ 259,631 $ 3,458,071 $ 959,785 $ 109,800 $ 1,069,595 $ 144,322 $ 27,500 $ 1 ,595,610$ 374,190 $ 377,186 $ 3,578,391 $ 51,863 $ (25,558) $ 26,305 $ (4,740) $$ (21,800) $ 2,001 5,7"/" -18.9% 26.8o/" 3.1o/o $ 1 18.555 2.5o/o -3.2% 0.0% -1.4% o.5% 45.8"/" 29.9o/o 4.0% 0.8/" 44.3% 10.5% 10.5% $ 12O,32O 100.0"/" C o r r e s p o n d e n c e d a t e d N o v e m b e r 1 6 , 2 0 1 0 f r o m L o n g P o i n t R e g i o n C o n s e r v a t i o n A u t h o r i t y r e g a r d i n g " 3 0 - D a y N o t i c e t o P a g e 9 7 o f 1 3 7 Long Point Region Conservation Authority Proposed 2011 Operating Budget CORPORATE OPERATING SUMMARY 2010 2011 APPROVED PROPOSED "/oOF BUDGET o/o INCREASE PROGRAM Watershed Planning and Technical Services Watershed Flood Control Services Healthy Watershed Services Communication and Development Services Backus Heritage and Education Services Public Forest Lands Management Services Private Forest Lands Management Services Conservation Area Management Services Other Conservation and Land Management Services Corporate Services OBJECTS OF EXPENSES Staff Expenses Staff Related Expenses Materials and Supplies Purchased Services Equipment Other TOTAL EXPENDITURES SOURCES OF REVENUE Municipal LeW - Operating Provi ncial Grants/Subsidies Federal Grants/Subsidies User Fees Other - lnterest on lnvestments, Miscellaneous Community Support Contribution from Reserves TOTAL REVENUE $ 117,570 $ 118,520 $ 208,297 $ 220,814 s 252,722 $ 242,279 $ 118,419 $ 140,143 s 418,124 $ 415,830 $ 173,366 s 183,313 $ 185,567 $ 193,880 $ 521,230 $ 530,253 $ 377,821 $ 382,383 s 787.597 $ 854,925 4o/o 7o/o 87o 4o/o 13o/o 5o/o 61" 160/o 12o/o 25o/o 1ø/o 6o/o -4o/o 18o/o -1o/o 6o/o 4o/o 2o/o 1o/o 9o/o $ 3.160.713 $ 3,282,341 1OO% 3.8"/o $ 1,764,216 $ $ 17,600 $ $ 700,489 $ $ 455,653 $ $ 41,867 $ $ 180.888 $ 1,850,729 21,250 703,836 488,473 37,150 180,903 6o/o Oo/o 56o/o 1o/o 22o/o 14o/o 1o/o 5o/o 21% Oo/" 7o/o -11o/o $ 3.160.713 $ 3,282.341 lOOo/" $ 907,922 $ 959,785 $ 149,062 $ 14,322 $ 27,500 $ 27,500 $ 1,574,810 $ 1,554,810 $ 32,600 $ 30,goo $ 372,189 $ 374,190 5Yo -3o/o 1To O"/" 5Oo/" -1o/o 1o/o -6o/o 12o/" 1o/o $ 3.160.713 $ 3.282,341 100% 3.8"h Correspondence dated November 16, 2010 from Long Point Region Conservation Authority regarding "30-Day Notice to Page 98 of 137 Long Point Region Gonservation Author¡ty PROPOSED FIVE YEAR CAPITAL BUDGET 2011.2015 CORPORATE SUMMARY PHOGRAMS AND PROJECTS OBJECTS OF EXPENSES Wellington Park/Lake George (WECI)(50% of actuat costs) Major Capital Projects Lake Flood Forescasting Tables Healthv Watershed Services Major Cap¡tal Projects - 2009 Dam Inventory Backus Heritaoe and Education Services Roof Replacements Homestead Repaint Grist Mill Exterior Repaint Educat¡on Centre Exterior Repaint Education Centre lnterior Replace Ed. Centre Disptay Light¡ng New Air Conditioner - Aunt Erie,s Kitchen Tar and Chip Road from Dam to 3rd Concession Roof Replacements Education Center Backus Campsite lmprovements Replace Vault Toilets ¡n Group Camp and Campground A Beplace Vault Toilets in Campground D Replace Vault Toilets in Campground B Upgrade 10 campsites to serviced C.A. Water System Upgrades Major Maintenance Pro¡ects - parks Park upgrades for 4 parks Vehicle and major equipment replacement PSAB 3150 Capital Beplacement Reserve Financial lnformation System ESRI GIS Program Update Phone System Upgrade Admin¡stration Off ice Flooring Upgrades Administration Computer Hardware updates Swoop 2OlO Project Adminstration Off ice Accessibility Upgrades C o r r e s p o n d e n c e d a t e d N o v e m b e r 1 6 , 2 0 1 0 f r o m L o n g P o i n t R e g i o n C o n s e r v a t i o n A u t h o r i t y r e g a r d i n g " 3 0 - D a y N o t i c e t o P a g e 9 9 o f 1 3 7 SOURCES OF REVENUE PRIOR YEARS Pro¡ects Prov¡ncial fundino PRIOR YEARS Capital Leyt 2011 2012 2013 2014 201 s TOTAL Yrvrrrvtrru LEy r - (,aptlat irants - Provincial ìrants - Federal )ommunity Support -ontribution from Reserves TOTALS $s 2413A2 t 100.$ 222.000 $ 299,000 $ 289.000 $ 25,000 $ 1,186.182$ 80.000 $s $ 250,000 $$ 330.000 $$ 10.ooo $ 1o,ooos 68.936 $ 186¡250 t;$ 45.000 ti $ 300.186$ go,ooo $ 68,936 $ 241.382 $ 296,050 $ 222,000 $ 604.000 $ 289,000 $ 25.000 $ 1,826,368 ($35,000); Phone system upgrades ($2,OOO); Lake Flood Forecasting Tabtes ($5,OOO) C o r r e s p o n d e n c e d a t e d N o v e m b e r 1 6 , 2 0 1 0 f r o m L o n g P o i n t R e g i o n C o n s e r v a t i o n A u t h o r i t y r e g a r d i n g " 3 0 - D a y N o t i c e t o P a g e 1 0 0 o f 1 3 7 MUNICIPALITY LEVY AMOUNTS OPERATING CAPITAL TOTAL PER CAPITA LPRCA PROPOSED 2O1I MUNICIPAL LEVY. CONSOLIDATED Haldimand County Norfolk County Norwich Twp. South-West Oxford Twp. Tillsonburg TotalOxford County Brant County Bayham Municipality Malahide Township lncrease over 2010 Per Capita Increase over 2010 $132,010 $15,102 $147,112 $143,394 $504,375 ç57,324 $19,354 $16,404 s57,701 $6,558 ç2,214 $159,798 $562,076 $63,882 $21,569 1't.04 10.55 9.31 10.46 10.70 12.63 7.81 9.77 $208,688 $56,974 $39,795 $29,874 $232,562 $6,518 $63,492 $4,553 $M,347 $6,558 $ZSO $7,308 $959,785 $109,800 $1,069,585 10.50 $51,863 $0.51 ($25,558) ($o'zs¡ $26,305 $0.26 Correspondence dated November 16, 2010 from Long Point Region Conservation Authority regarding "30-Day Notice to Page 101 of 137 LONG POINT REGION CONSERVATION AUTHORITY Current Value Assessment (CVA) Apportionment (2010) Bayham M Malahide Tp Haldimand County Norfolk County Norwich Tp South-West Oxford Tp Tillsonburg T 5,677 7,483 35 41,336 95 56,076 74 9,277 30 6,876 100 13,746 5,677 499,197,382 748 822,61 1,263 14,¿168 5,139,360,738 53,272 6,660,045,367 6,865 971,735,816 2,063 809,289,480 13,746 1,655,969,076 100 10 499,197,392 82,261,126 1,798,776,25A 6,327,0¿lÍ],099 719,084,504 242,786,844 1,655,969,076 4.1462V" 0.68320/" 14.9402/" 52.55100/o 5.97260/" 2.O165o/o 13.75410/o C o r r e s p o n d e n c e d a t e d N o v e m b e r 1 6 , 2 0 1 0 f r o m L o n g P o i n t R e g i o n C o n s e r v a t i o n A u t h o r i t y r e g a r d i n g " 3 0 - D a y N o t i c e t o P a g e 1 0 2 o f 1 3 7 LPRCA PROPOSED 2011 MUNICIPAL LEVY. CAPITAL Healthv Watershed Major Gapital Projects -2010 Dam lnventory Lake Flood Forescasting Tables Other Conservation and Land Manaoement Services Vehicle and major equipment replacement Coroorate Services Phone System Upgrades Adminstration Otfice Flooring Upgrades Adminstration Computer Hardware Updates TOTAL $ $ 40 706 56 $ $ $ $ 1,195 $ 747 $ 8,516 $ 2ee $ 5,22s $ 418 $ 4,204 $ +za $ 2,628 $ 299 $ 2s,s54 $ 3,404 $ 161 $ 101 $ 1,149 $ 55 $ 8,00034 $ s,OOo 7,840 $ S,se¿ $ z,gog $ 3s9 g57,OOO 1100 $ ¿zs $ ssz $688 $ zgz $ zoz $ 275 $ 4814 $ 385 $ 1,051 $ 18,393 $ 119 $ 2,090 $ 167 $ 119 $ 2,078 $ 83$ 1,451 $ 116 $ 14 $ 2,ooo 239 $ 35,000 1 166 le$z APPENDIX H C o r r e s p o n d e n c e d a t e d N o v e m b e r 1 6 , 2 0 1 0 f r o m L o n g P o i n t R e g i o n C o n s e r v a t i o n A u t h o r i t y r e g a r d i n g " 3 0 - D a y N o t i c e t o P a g e 1 0 3 o f 1 3 7 Page 104 of 137 ? fto+ 87 John Street South, Aytmer, Ontorio NSH 2C3 ïelephonê: 519-77 3-5344 Fox; 5 I 9-773-5334 www,molohlde.co o'eTOWtSll I Pø AfAHTDI A proud tradition a brìghtfuture. November 19,2010 Mr. Kyle Kruger Municipality of Bayharrr P.O. Box 160 Straffordville, Ontario NOJ IYO RE: Doors Open Ontario Doors Open Ontario is a province-wide celebration of community heritage designed to create ¿!oc,ess, awareness and excite,ment about heritage. It is an event uùíchprovides participants with a rmique opportunity to explore and enjoy sometimes hidden and always interesting places and to showcase heritage buildings and other places of inærest in Ontario commr¡nities free of charge. I¡2009,the Township of lvfalahide, the Town of Aylmer, and the Municþality of Bayham successfully hosted 'Doors Open East Etgin 2009". Ihis event was held on September 26, 20019 and had an estimated attendance of I 000 visitors at the 1 6 locations. In 2010, it was deÆided by the tb¡ee Councils that due to the resources being utilized af the IPM that the Door Open Event would be deferred for a year and reassessed in 201 1. The Toumship of Malahide has ageed to take the lead on this year's event and asks that each Council pass a resolution of support for participating in this event for 2011. It is also hope.d th¿t each Council approve financial support for the 2011 regisüation fee of $1695.00 ($565.00 per parûrer). The registration form and fee must be submitted and paid no later than December 11, 2010. It would also be appreciated if each Council would appoint one of their membem to represent the municipality on the organi'ing committee. Thank you for your consideration on this matter, please address any questions or concerns to my attention. I look forward to hearing ftom you. Director of Commr¡nity & Corporate Services Corporation of the Toumship of Malahide. Edimeo@.Malahide.ca MICHEttE M. CASAVECCHIA Chief Adm in istrof ive Off icer/Clerk mcosovecc hio@molohide, co susAN E. wttsoN Direcfor of Finonce swilson@molohide,co Correspondence dated November 19. 2010 from Township of Malahide regarding "Doors Open Ontario". Page 105 of 137 Page 106 of 137 ? CORPORATION OF THE MUNICIPALITY OF BAYHAM STAFF REPORT TO: Mayor and Members of Council FROM: Kyle Kruger, Administrator SUBJECT: Hydro One Land Acquisition- Soper Road Distribution Station DATE: November 22,2010 FILE: L O / NUMBER: PR2010-12 Purpose This report is to recommend an Agreement of Purchase and Sale with Hydro One for a 0.008 acre parcel of land abutting Soper Road. Bacþround The former Township of Bayham acquired lands in 1997 abutting what is now known as Soper Road for road widening purposes. Recently, Hydro One has approached the Municipality to acquire a small portion of these lands for the expansion of its current distribution station. Hydro One has also approached the surrounding private landowner. After discussions, Hydro One has provided a proposed Agreement of Purchase and Sale for the municipal properfy, that includes the following provisions: - approximate area: 0.008 acres - acquisition price : $500 - municipal legal costs: all costs up to $1,500 reimbursed Staff Comments Staff have reviewed the proposal and the draft agreement and have noted no concerns in completing this transfer. Legal costs will be covered, and the consideration per acre for the conveyance appears suffrcient. Staff have also been in contact with the abutting owner to the west and no concerns have been expressed. It should also be noted that By-laws to establish these lands as part of the travelled road have not been registered at this time, and therefore there is no need to complete road closing procedures. Attachments 1. Draft By-law No.2010-109, to authoize the execution of an Agreement of Purchase and Sale with Hydro One Networks Inc. (includes sketch of property) Strategic Plan Goal(s) Goal #1 - Practice responsible financial management Recommendation THAT draft By-law No. 2010-109, being a By-law to authorize the execution of an Agreement of Purchase and Sale with Hydro One Networks Inc. be presented to Council for enactment. Staff Report PR2010-12 regarding "Hydro One Land Acquisition - Soper Road Distribution Station". Page 107 of 137 THE CORPORATION OF THE MUNICIPALITY OF' BAYHAM BY-LAW NO. 2010-109 A BY-LAW TO AUTHORIZE THE EXECUTION OF AN AGREEMENT OF PURCHASE AND SALE \ilITH ITYDRO ONE NETWORKS INC. WHEREAS Section 9 of the Municipal Act, 2001, S.O. 2001, c. 25 as amended provides that a municipality has the capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority under this or any Act; AND WIIEREAS the Council of the Municipality of Bayham is desirous of conveying propertyto Hydro One Networks lnc. for the purpose of expansion of its distribution station; AND WHEREAS the Council of the Municipality of Bayham deems it necessary to approve an Agreement of Purchase and Sale by by-law; NOW THEREFORE THE COT]NCIL OF TITE CORPORATION OF THE MUNICPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. THAT the Council of the Municipality of Bayham hereby authorizes and dfuects the Mayor and Clerk to execute the agreement in the form affixed hereto marked Schedule 'rArr and forming part of this by-law, being a Agreement of Purchase and Sale between the Corporation of the Municipalþ of Bayham and Hydro One Networks Inc. 2. AND THAT the Council of the Municipality of Bayham hereby authorizes and directs the Mayor and Clerk to execute such documents as may be necessary to complete the said Agreement of Purchase and Sale. 3. AND THAT this by-law shall come into full force and effect upon final passing. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED TTTIS 2ND DAY OF DECEMBER,20l0. MAYOR CLERK Staff Report PR2010-12 regarding "Hydro One Land Acquisition - Soper Road Distribution Station". Page 108 of 137 AGREEMENT OF PURCHASE AND SALE THIS AGREEMENT made and entered into as of this day ofNovember, 2010 BETWEEN: THE CORPORATION OF THE MT]NICIPALITY OF BAYHAM (collectively the "Vendor") OFTHEFIRSTPAR] AND: ITYDRO ONE NETWORIG INC. (the "Purchaser")OF TIIE SECOND PART IïTTNESSETH THAT in consideration of the mutual covenants, agreements and payments herein provided, the parties hereto covenant and agree as follows: 1.0 OFFER 1.1 The Purchaser hereby offers to buy from the Vendor certain lands and premises of the Vendor, more particularly described as FIRSTLY CENTRE ST PL 17 BAYHAM; PT PARKLY 5 w/S CENTRE ST, 6 V//S CENTRE ST PL 17 BAYHAM PT 7 11R4790 ABUTTING THE W SIDE OF CENTRE ST & PT 811R4790; SECONDLY PT PARKLT 1 V//S CENTRE ST PL 17 BAYHAM; PT PARI(LT 2 w/S CENTRE ST, 3 V//S CENTRE ST, 4 W/S CENTRE PL 17 BAYHAM PT 10 11R6564 S/T BENEFICIARIES INTEREST IN E329717 BEING CENTRE ST; BAYHAM in the Geographic Township of Vienn4 now in the County of Bayham, Province of Ontario (the "Property") and more particularly described in Schedule "4" attached hereto, upon and subject to the terms and conditions hereinafter set forth. 1.2 The Purchaser acknowledges having irspected the Property prior to submitting this Offer and understands that upon acceptance of this Offer by the Vendor there shall be a binding agreement of Purchase and Sale between the Purchaser and the Vendor. The Purchaser agrees that this Offer shall be inevocable by the Purchaser until 5:00 pm on the November 22"d,2010 after which time, if not accepted by the Vendor, this Offer shall be null and void and any deposit shall be returned to the Purchaser without interest or deduction. 1.3 Included in the Purchase Price is the purchase of all of the Vendor's interest in all fixtures, improvements, and appurtenances located on the Property except those listed below which are expressly excluded: nil Staff Report PR2010-12 regarding "Hydro One Land Acquisition - Soper Road Distribution Station". Page 109 of 137 2.0 2.1 3.0 3.1 PT]RCHASE PRICE The purchase price to be paid by the Purchaser to the Vendor for the Property shall be the sum of FIVE H{,INDRED DOLLARS ($500.00) Canadian Dollars, (the "Purchase Price") payable as follows: (a) The balance ofthe Purchase Price by casl¡ bank draft or uncertified cheque at the time of closing in accordance with section 3.2 þ) of this Agreement. CLOSING The closing of this transaction shall take place at 4:30 p.m. February 18ft 2011, or such earlier time and at such place as shall be agreed in writing by the parties hereto (the "Closing"). The Purchaser shall be responsible in obtaining, at its cost, a survey for closing in order to properþ describe the property. OnClosing (a) Vacant possession of the Property shall be given to the Purchaser. (b) Purchaser shall pay the balance of the Purchase Price to the Vendor in accordance with section 2.1(b) of this Agreement (c) Rents, realty taxes, local improvement charges, water and unmetered utility charges and the cost of fuel as applicable shall be apportioned and allowed to the date of completion (the day itself to be apportioned to the Purchaser). (d) In conformance with subsections 221(2) and228(4) of the Excise Tax Act R.S.C. 1985, c E-15, as amended ("the Act"), Hydro One Networks Inc. shall report and pay to the Receiver General, the Goods and Services Tax ("GST") applicable to the purchase and sale of the Property. For the purposes of this section 3.2(d), Hydro One Networks Inc. warrants that it is a GST registrant in good standing under the Act, that its GST registration number is 870865821RT0001, and that it is acquiring the Property and the Easement for use primarily in the course of its commercial activities. GST as defined herein includes the additional tax payable under sub-section 165.(2) of the Act in respect of a supply made in a , participatingprovince REPRESENTATIONS AI\D WARRANTIES OF VEI\DOR The Purchaser shall be allowed sixty (60) days from the date of this Agreement (the "Inspection Period") to satisff itself with respect to all matters respecting the Property including its present state of repair and condition and any structwes thereon, all encumbrances and all regulations and by-laws goveming the Property and the Vendor grants to the Purchaser the right to enter upon the Property and to conduct such inspections, surveys and tests as the Purchaser, acting reasonably, deems necessary in this regard, provided the Purchaser takes all reasonable care in the conduct of such inspectiors, surveys and tests and restores the Property to its prior condition so far as reasonably possible following such 3.2 4.0 4.t Staff Report PR2010-12 regarding "Hydro One Land Acquisition - Soper Road Distribution Station". Page 110 of 137 inspections and tests. The Vendor assumes no responsibility for and the Purchaser shall indemnifu and save harmless the Vendor from and against all claims, demands, costs, damages, expenses and liabilities whatsoever arising out of its presence on the Property or of its activities on or in connection with the Property during the Úrspection Period. 4.2 If for any reason, the Purchaser, acting reasonably, is not satisfied with respect to such matters arising from its activities in Section 4.1, it may deliver a notice (the "Notice of Terminationrr) to the Vendor prior to the expiry of the Inspection Period indicating that it is not satisfied with respect to such matters and desires to terminate this Agreement and release the Vendor from any further obligations. Upon delivery by the Purchaser of a Notice of Termination to the Vendor, and this Agreement shall be at an end and the Vendor shall retum the deposit to the Purchaser without interest or deduction and neither Party shall have any further obligationto the other respecting the Agreement. 5.0 TITLESEARCIIPERIOD 5.1 The Purchaser shall be allowed up until ten (10) days prior to closing to investigate title to the Property at its own expense (the "Title Search Period"), to satisff itself that there are no outstanding encumbrances, or liens save and except those listed in Schedule "A" attached hereto and until the earlier of: (i) sixty (60) days from the later the last date of the title search period or the date or which the conditions in this Agreement are fulfilled or otherwise waived or; (ii) five (5) days prior to completion, to satisfu itself that there are no outstanding work orders or deficiency notices affecting the property. Vendor hereby consents to the Municipality or other governmental agencies releasing to the Purchaser details of all outstanding work orders affecting the Property and the Vendor agrees to execute and deliver such further authorisations in this regard as Purchaser may reasonably require. 5.2 Provided that the title to the Property is good and free from all registered restrictions, charges, liens and encumbrances except those listed in Schedule "8" attached hereto, if within the Title Search Period, any valid objection to title is made by the Purchaser in writing to the Vendor together with documentary verification thereof and which the Vendor shall be unwilling or unable to remove and which the Purchaser will not waive, this Agreement, notwithstanding any intermediate acts or negotiations in respect of such objections, shall be at an end and the Deposit shall be retumed to the Purchaser, without interest or deduction, and the Vendor shall not be liable for any costs or damages and the Vendor and the Purchaser shall be released from all obligations hereunder, and the Vendor shall also be released from all obligations under this Agreement, save and except those covenants of the Purchaser expressly stated to survive Closing or other termination of this Agreement. Save as to æry valid objection to title made in accordance with this Agreement and within the Title Search Period, and except for any objection going to the root of title, Purchaser shall be conclusively deemed to have accepted Vendor's title to the Property. 5.3 The Vendor and Purchaser agree that there is no condition, express, or implied, representation or warranty of any kind that the future intended use of the Property by the Purchaser is or will be lawful except as may be specifically stipulated elsewhere in this Agreement. 6.0 REPRESENTATIONS AI\D \ilARRANTMS OF PURCIIASER 6.I Purchaser shall, at its own cost, forthwith make such investigation as the Purchaser deems appropriate of the Property and Vendor's title as provided for in this Agreement and shall notiff the Staff Report PR2010-12 regarding "Hydro One Land Acquisition - Soper Road Distribution Station". Page 111 of 137 Vendor of any objection to title, together with a complete copy of any documents and other material information related thereto prior to the expry of the Inspection Period and Title Search Period. 7.0 INSURANCE 7.I The Property and all structures or fixtures being purchased shall be and remain at the risk of the Vendor until Closing. 7.2 Pending completior¡ Vendor shall hold all insurance policies and the proceeds thereof in trust for the parties as their interests may appear and in the event of substantial damage to the Property the Purchaser may either terminate this Agreement and have all monies paid by the Purchaser returned to the Purchaser without interest or deduction or else take the proceeds of any inswance and complete the purchase. 8.0 RESTRICTTONS AI\D LIMITATIONS 8.1 This Agreement shall be effective to create an interest in the Property only if the applicable subdivision control provisions of the Planning Act, R.S.O. 1990, c. P.13, as amended, are complied with by the Purchaser prior to Closing. The Purchaser shall , at its expense, forthwith make any application to the local Committee of Adjustment or Land Division Committee for any consent that may be required pursuant to the Planning Act, and the Vendor agrees to execute promptly, on request, any application or authorization required by the Purchaser in that regard. In the event that any such application for consent is denied, or any condition imposed by such body is unacceptable to the Vendor, this Agreement shall be terminated and the Deposit retumed to the Purchaser without interest or deduction. The Purchaser agrees to pay for any monetary conditions imposed by the consenting authority. 9.0 ADDITIONALPROVISIONS 9.1 The TransferlDeed of Land (the "Transfer"), save for Land Transfer Tax Affidavits, shall be prepared in registrable form by the Vendor, and the Purchaser covenants at its cost to register the Trarxfer on Closing. If requested by Purchaser, Vendor covenants that the Transfer Deed to be delivered on completion shall contain the statements contemplated by s. 50(22) of the Planning Act, R.S.O. 1990. 9.2 Time shall in all respects be of the essence hereof provided that the time for doing or completing of any matter provided for herein may be extended or abridged by an agreement in writing signed by the Parties or by their respective solicitors who are specifically authorized in that regard. 9.3 Any tender of documents or money hereunder may be made upon the Parties or their respective solicitors on the Closing day. Money may be tendered by bank draft or uncertified cheque. g.4 The Vendor shall be responsible for uod ugr"", to pay any applicable commission, negotiated and payable in accordance with a listing agreement with the Vendor's agent, upon successful Closing of the transaction contemplated by this Agreement, which commission shall be paid out of the proceeds of the Purchase Price. Staff Report PR2010-12 regarding "Hydro One Land Acquisition - Soper Road Distribution Station". Page 112 of 137 9.5 Where this Agreement requires notice to be delivered by one party to the other, such notice shall be given in writing and delivered either personally, or by pre-paid registered post or by facsimile, by the party wishing to give such notice, or by the solicitor acting for such party, to the other party or to the solicitor acting for the other party at the addresses noted below: To: Vendor: The Corporation of the Municipality of Bayham 9344 PlankRoad, Box 160 Straffordville ON NOJ 1Y0 Attention: Chief Administrative Officer, Kyle Kruger Facsimile No: 519-866-3884 Phone No: 519-866-5521 To: Purchaser: Hydro One Networks hrc. P.O. Box 1050 1800 Main Street East Milton, ONL9T 589 Attention:Rob Thomson Facsimile No: 905-878-8356 Phone No: 461 6-420-4830 Such notice shall be deemed to have been given, in the case of personal delivery, on the date of delivery and, where given by registered post, on the third business day following the posting thereof, and if sent by facsimile, the date of delivery shall be deemed to be the date of transmission if transmission occurs prior to 4:00 p.m. (Toronto time) on a business day and on the business day next following the date of transmission in any other case. It is understood that in the event of a threatened or actual postal disruption in the postal service in the postal area through which such notice must be sent, notice must be given personally as aforesaid or by facsimile, in which case notice shall be deemed to have been given as set out above. The Parties acknowledge that there are no covenants, representations, warranties, agreements or conditions, express or implied, collateral or otherwise, forming part of or in any way affecting or relating to this Agreement save as expressly set out in this Agreement and that this Agreement and all Schedules hereto constitute the entire agreement between the parties and may not be modified except as expressly agreed between the Vendor and Purchaser in writing. Should any provision or provisiors of this agreement be declared illegal or unenforceable, it or they shall be considered separate and severable from the Agreement and its remaining provisions shall remain in force and be binding upon the parties hereto as though the said provision or provisions had never been included. No act or omission or delay in exercising any right or enforcing any term, covenant or agreement to be performed under this Agreement shall impair such right or be construed as to be a waiver of any default or acquiescence in such failure to perforrr¡ unless such waiver shall be given or acknowledged in writing. 9.6 9.7 9.8 Staff Report PR2010-12 regarding "Hydro One Land Acquisition - Soper Road Distribution Station". Page 113 of 137 9.9 This Agreement shall be govemed by and construed in accordance with the laws of the Province of Ontario. 9.10 This Agreement shall constitute the entire Agreement between the Purchaser and Vendor and there is no representation, warranty, collateral agreement or condition affecting this Agreement or the Property or supported hereby other than as expressed herein in writing. This Agreement shall be read with all changes of gender or number required by the context. 9.11 This Agreement and everything herein contained shall operate to the benefit of, and be binding upon, the respective heirs, successors, permitted assigns and other legal representatives, as the case may be, of each of the Parties hereto. 9.I2 Each of the Vendors warrants that spousal consent is not necessary to this transaction under the provision of the Family Law Act, R.S.O. 1990 unless each of the Vendors' spouse has executed the consent hereinafter provided. 9.I3 Where each of the Vendor and the Purchaser retain a solicitor to complete this Agreement and where the transaction contemplated herein will be completed by electronic registration pursuant to Part 111 of the Land Registration Reform Act, R.S.O. 1990, and any amendments thereto, the Vendor and the Purchaser acknowledge and agree that the delivery of documents and the release thereof to the Vendor and the Purchaser may, at the solicitor's discretion; (a) not occur contemporaneously with the registration of the Transfer/Deed of Land (and other registrable) documentation), and (b) be subject to conditions whereby the solicitor receiving documents and/or money will be required to hold them in trust and not release them except in accordance with the terms of a written agreement between the solicitors. 9.I4 Except as otherwise provided herein, each Party shall be responsible to pay its own taxes. 9.15 This Agreement and any right or interest transferred hereby may be registéred on title to the Property. 9.16 The provisions of the attached Schedules "4" shall form part of this Agreement as if set out herein. 9.17 The Vendor and Purchaser agree to take all necessary precautions to maintain the confidentiality of the terms and conditions contained herein. The Vendor acknowledges that this Agreement and any information or documents that are provided to the Purchaser may be released pursuant to the provisions of the Freedom of Information and Protection of Privacy lc4, R.S.O. 1990, c. F.31, as amended. This acknowledgment shall not be construed as a waiver of any right to object to the release of this Agreement or of any information or documents. 9.18 The Vendor represents and warrants that he is not, nor will be at the time of Closing a non-resident of Canada as defined in section 116 of the Income Tax Act (Canada). 9.I9 The Purchaser agrees that it shall be responsible to pay the Vendor's reasonable legal costs up to a maximum of $1,500 which includes all disbursements and GST with respect to this purchase and sale transaction. Staff Report PR2010-12 regarding "Hydro One Land Acquisition - Soper Road Distribution Station". Page 114 of 137 IN WTII\IESS WIIEREOF the Parties have hereunto set their respective hands and seals to this Agreement of Purchase and Sale. SIGNED, SEALED A}ID DELWERED In the presence of ) Mayor: Paul Ens ) Name of Vy'itness: ) ) SIGNED, SEALED AND DELWERED ) In the presence of ) ) ) Clerk LyndaMillard TTYDRO OIYE ¡IETWORKS INC. Per: Title: I have authority to bind the Corporation Staff Report PR2010-12 regarding "Hydro One Land Acquisition - Soper Road Distribution Station". Page 115 of 137 SCHEDI'LN,.4" Land to be purchased bv HONI **The proposed taking is the area highlighted in green. This qrea rneasures 2 5 feet by I 5 .08 feet (0.008 acres) -t'l l=i.,lz --"..,ìr-r- È wqwq Pâi( utts r, ¿ l Aro a rEsÍ ú cltati! strErPrar c gllH ¡,oq(EdSlæ PlUl Xo Itlgta$rF at t wtroq,lw c E-il s-rg.¡d i¡a¡¡J¡- PAA.s-.'-ìL'.?lÊ'ia'---"1.:Ê- BnÑffitù I'F-,- ìI-- Il^ I.¡ ./l .1 sì".->.1 /-':: O4R4FT J. ! PIIT ' - .r.r +ê .J >-"æ+*- I ts g È -¡ ¡ I IÌ ç E,lli[Ifl,3 CCMNOAII ,rrEnrE ,lÞi,#., _l x0m ,r.-.;,-.; ¡t ,Êl I r¡co¡ ll 4f[ .-':--Èøtlb t?1l't,., $lñlqÞl Staff Report PR2010-12 regarding "Hydro One Land Acquisition - Soper Road Distribution Station". Page 116 of 137 SCHEDI]LE ('B'' Page 1 of 1 pages ofSchedule "8" Note for information only: the parcel register attached shall be marked Schedule "B". Staff Report PR2010-12 regarding "Hydro One Land Acquisition - Soper Road Distribution Station". Page 117 of 137 Page 118 of 137 THE CORPORATION OF THE MT]NICIPALITY OF BAYHAM BY-LAW NO. 2010-107 A BY-LA\il TO AUTIIORIZE THE EXECUTION OF AN AGREEMENT BETWEEN THE MTJNICIPALITY OF BAYIIAM AND RODGER MARTIN r.OR THE PROVISION OF CANINE CONTROL/POTJND KEEPER SERVICES WHEREAS the Municipality of Bayham is desirous of entering into a contract agreement with Rodger Martin for the continued provision of canine control officer and pound keeper services for the residents of the Municþality of Bayham. TIIEREFORE THE COT]NCIL OF THE CORPORATION OF TIIE MT]NICIPALITY OF'BAYIIAM ENACTS AS FOLLOWS: 1. TIIAT the Mayor and Clerkbe and are hereby authorized to execute the Agreement attached hereto as Schedule "An and formingpút of this By-law between the Municipality of Bayham and Rodger Ma¡tin for the provision of canine control officer and pound keeper services. 2. TIIAT this By-law shall come into full force and effect upon the first day of January 2011. READ Ä FIRST, SECOND AND TIIIRD TIME, AND FINALLY PASSED TIIIS 2'^d DAY OF December 2010. MAYOR CLERK By-Law 2010-107 A By-Law to authorize the execution of an agreement (Martin) Page 119 of 137 Page2 Schedule "4" to By-Iaw #2010-107 THIS AGREEMENT made in duplicate this 2nd dayof December 2010. BETWEEN THE CORPORA.TION OF THE MUNICIPALITY OF BAYHAM Hereinafter called the "Municipality'' of the First Pa¡ .AND- RODGER MARTIN ow¡rer & operator of LOBO PINES KENNEL Address: 56481 EdenLine, RR#l EdenNOJ 1H0 Telephone: (519) 866-3909 Hereinafter called "Martirf ' ofthe Second Pa¡t WEEREAS the Municipality of Bayham desi¡es to provide for Canine Control Services for the residents of the Municipality of B ayham; AND WHEREAS Rodger Martin, owner and operator of Lobo Pines Kennel has agreed to extend the agreement to supply the services of canine control and pound keeper for the residents of the Municipality of Bayham; NOW THEREFORE this Agreement witresseth that in consideration of the mutual covenants herein contained, the parties agree with each other as follows: MARTIN CO¡WENANTS A¡ID AGREES AS FOLLOWS: 1. Canine Control Services I .l Martin shall provide the services of Canine Control OfFrcer and Pound Keeper within the geographic limits of the Municipality of Bayham and agrees to pick up stray dogs. 1.2 Martin shall provide a vehicle suitably equipped to pick up such stray dogs. The vehicles shall be maintained in a safe and clean condition. Mafin shall expressly understand that at no time shall the said vehicle become the properly of the Municipality and that the responsibility for its operation, fuel, maintenance, license and insurance shall rest solely with Martin. Martin shall agree to indemnifu and save harmless the Municipality from any and all claims arising out of or in connection with the use of the said vehicle. Martin shall agree to answer all telephone complaints authorized by Municipal staffas quickly as possible and to carry out patrols within the Municipality, if requested. Marth agrees to respond to Municipal staffrequests for the pick up of conhned dogs during the hours of 8:30 a.m. to 4:30 p.m. Monday through Fnday, excluding statutory holidays. The term "confined" shall mean, "kept restricted within certain limits" such as but not limited to the dog being kept or restricted to the 1.3 t.4 1.5 By-Law 2010-107 A By-Law to authorize the execution of an agreement (Martin) Page 120 of 137 Page 3 Schedule "4" to By-I¿w #2010-107 interiorofabuildingorfencedina¡ea. Martinmayathisdiscretiondopickups after4:30p.m.,before8:30 a.m., on weekends and statutory holidays. 1.6 Martin agrees to respond to humane requests for the pick up of dogs at large that are deemed vicious, injured and/or ill, when requested by Municipal staff. 2. Pound Facilities 2.1 Martin shall provide and maintain a pound facility to be located within the geographical limits of the Municipality of Bayham to serve the residents of the Municipality. Such facility shall be kept in good order and state of cleanliness at all times in accordance with the Animals for Research Act, R.S.O. 1990, Chapter A.22, as amended and any Regulations thereof. 2.2 Martin shall ensure that pound facility a¡rd all dogs impounded shall be kept clean, well cared for, fed and watered during the time of confmement. 2.3 Sick or Injured Dogs: (a) Martin shall ensure that all sick or injured dogs will receive immediate medical attention by certified veterinary staff. If, in the opinion of the medical søff, any dog is too severely injured or diseased and medical care will only prolong the suffering of the dog, the dog shall be humanely euthanize.dby a certified veterinarian and properly disposed of. (b) Every attempt shall be made by Martin to contact the owner of any such dog before such action is taken. Ma¡tin shall charge any and all veterinary service expenses to the Municipality. (c) Martin shall be reimbursed by the Municipality for all veterinary service expenses authorized by Municipal staff. 2.4 Martin shall keep a record of all dogs impounded and their disposition, which shall be submitted to the Municipality within ten (10) days following the end of each month. 2.5 Mafin shall ensure that all dogs impounded shall be kept for a minimum of three (3) days, excluding holidays and the day on which the dog was impounded. Any dog kept longer than the minimum shall be at the discretion and expense of Ma¡tin. 2.6 Martin shall attempt to contact the owner of any dog as quickly as possible. 2.7 When Martin quarantines ¿¡1 ¿nimal under the authority of the Elgin County Medical Ofücer of Health and Municipal staff, the Municipality shall pay the costs of the quarantine. 2.8 Martin shall display contact phone numbers and ofñce hours at the pound facilþ in a place that is accessible to the public at all times. 2.9 The Municipality of Bayham shall recover such pound fees to cover the cost of pick up and boarding as contained within Bayham's Dog Control By-law #2009-059 and amendments thereto, together with any and all veterinary services, ifapplicable. 2.I0 In the case of a quarantine period required by law, the Municipality shall recover all fees from dog owners, including boarding fees and veterinary expenses, ifapplicable. 2.ll Martin agrees that any dogs impounded shall not be released to the owner or other person until confirmation is received from the Municipalilty that impoundment fees have been paid to the Municipality and that a current tag has been purchased from the Municipality. 2.12 Manin agrees that any dog not claimed by the owner shall become the property of Martin and may be adopted, gifted, sold or humanely euthanized and properly disposed of, in accordance with the Animals for Research Act, R.S.O. 1990, Chapter A.22, as amended and any Regulations thereof. By-Law 2010-107 A By-Law to authorize the execution of an agreement (Martin) Page 121 of 137 Page 4 Schedule "A" to By-Law #2010-107 3. General 3.1 Martin shall maint¿in and pay for Comprehensive General Liability Insurance, including coverage for all operations as Canine Control Officer and Pound Keeper. This insurance coverage shall be subject to limis of not less than two million ($2,000,000.00) dollars, inclusive per occrurence for third pafy bodily injury and property damage. The coverage shall include the Municipality of Bayham as an additional insured in respect of all operations performed by or on behalf of the Municipality. The coverage shall not be altered, cancelled or allowed to expire or lapse without thirty (30) days prior written notice to the Municipaliry. A Certificate of fnsur¡nce shall be filed with the Municipality upon the signing of the Agreement and annually thereafter tlroughout the term of the Agreement. 3.2 Mafin shall agree to fulfrll all of his obligations in compliance with the Occupational Health and Safety Act and firrther agrees to take responsibility for any health and safety violation that may occu¡. Martin shall indemniff and save harmless the Municipality from any and all charges, fines, penalties and costs that may be incurred or paid by the Municipality. 3.3 Ma¡tin shall provide a Certificate from Workplace Safety and Insurance Board indicating that all payments by Martin to the Board in conjunction with this Agreement have been made and that the Municipality will not be liable to the Board for futu¡e payments in connection with this Agreement. The Certificate shall be provided upon signing of the Agreement and yearly thereafter until the expiry or termination of this Agreement. BAYIIAM CONVENANTS AI\[D AGREES AS FOLLOWS: 4. Canine Control Officer 4.1 The Municipality shall by appropriate By-law appoint Rodger Martin as Canine Control Officer and Pound Keeper for the Municipality of Bayharn, effective irnmediately and to hold office during such time as the Agreement is in full force and effect. 5. Remuneration 5.1 The Municipality shall, in return for Martin providing canine control and pound facility services, pay to Martin upon zubmission of monthly reports and invoices, the fees accordi.g to Schedule "A' attached hereto. 6. General 6.1 The Municipality shall implement all By-laws providing the necessary authority for Martin to perform his duties. 6.2 The Municipality shall supply Martin an identification card bearing his photograph, which shall be displayed for all persons contacted by Martin, while providing Canine Control Offrcer and Pound Keeper services. Such card shall be immediately returned to the Municipality at the end of the service period. 6.3 The Municipality shall provide Martin with a copy of the Animals for Research Act, R.S.O. 1990, c.A.22, and Regulations 22 and 23. THE PARTIES HERETO COVENANT AND AGREE AS FOLLOWS: 7 . That this Agreement shall take effect on the ls day of January 2011 shall remain effective for a period of one yea¡, unless sooner terminated in accordance with the Agreement or by agreement of the parties. 8. That either party may terminate this Agreement upon forty-five (45) days notice in writing to the other party. Such notice may be mailed by ordinary prepaid mail to the other party, and this Agreement shall terminate on the forty-fifth day following the date of the mailing. By-Law 2010-107 A By-Law to authorize the execution of an agreement (Martin) Page 122 of 137 Page 5 Schedule "4" to By-I-aw #2010-107 9. It is understood by the parties hereto that there will be no adjustment in fees paid by the Municipality during the full term of this Agreement 10. It is understood by the parties that all services carried out hereunder by Martin shall be as an independent contractor and not as an employee of the Municipality. 11. Any notice required to be given under this Agreement must be in writing and in the case of the Municipality, to: The Clerh The Municipality of Bayham 9344 PlankRoad, PO Box 160, Straffordville Ontario NOJ 1Y0; and in the case of Martin to:Rodger Martin, Lobo Pines Kennel 56481 Eden Line, RR#l Eden Ontario NOJ 1H0. 12. That there have been no representations, oral or written, by either pa¡ty, save as contained herein. 13 That every covenant, proviso and agreement herein contained shall ensure to the benefit of and be binding upon the parties hereto and their heirs, executors, administrators, successors, and assigns, and that all covenants herein contained shall be construed as being joint and several and that when the context so requires or permits, the singular number shall be read as if the plural were expressed and the masculine gender as if the fsminine or neuter, as the case may be, were expressed. WTTNESS WHEREOF the seal of the party of the First Party duly attested thereto by the hands of its proper signing officers. SIGNED, SEALED AND DELIVERED, this 2nd dayof December ,2010 Authorizedby Bayham By-law #2010-107 ) THE CORPORATTON OF TrrE ) MTINICIPALITY OF BAYHAM ) per Mayor, Paul Ens Clerþ LyndaMillard WTTNESS WHEREOX'the part of the Second Part has hereunto set is hand and seal. SIGNED, SEALED AND DELIVERED, this day of ,2010. In the presence of ) ) ) ) Witness:) RODGER MARTIN ) ) By-Law 2010-107 A By-Law to authorize the execution of an agreement (Martin) Page 123 of 137 Page 6 Service: Schedule "A" to By-Iaw #2010-107 CANINE CONTROL SERVICES AGREEMENT BETWEEN THE CORPORATION OF THE MI'NICIPALITY OF BAYTIAM ANI) RODGERMARTIN Owner & operator of LOBO PINES KENNEL SCHEDT]LE 36A'' Fee: 1. Monthly Retainer Fee 2. Fee Per Dispatch as authorized byMunicipal Staff 3. Containment Fee per animal per day to a maximum of three days 4. Rate to Provide Patrol (if requested) 5. Quarantine (if requested) 6. Court Appearance Fee 7. Reimbursement of authorized Veterinary Costs associated with unidentified injured/ill Dogs (if requested). 8. Fee for Dog claimed by the registered owner $1,000.00 $ s0.00 $ 1s.00 $ 25.00 per hour, plus municipal rate allowed per kilometer $ 50.00 forpickup of animal plus $10/day for the duration ofthe quarantine (10 days from the date of the incident) plus veterinary service costs, ifany. $ 25.00 per hour, plus municipal rate allowed per kilometer $ 50.00 By-Law 2010-107 A By-Law to authorize the execution of an agreement (Martin) Page 124 of 137 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LA\ilNO.2010-108 BEING A BY.LAW TO AMEND BY.LAW 2O1O.OO1 A BY.LAW APPOINTINGMEMBERS TO BOARDS AND COMMITTEES OF THE MTJMCIPALITY \ilIIEREAS the Council of the Municipality of Bayham did by ByJaw 2010-001 appoint persons to Boards and Committees for the purposes of the Corporation; WIIEREAS the Council of the Corporation of the Municþality of Bayham did by ByJaw 2010-030, 2010-039, 2010-M2, 20 I 0-05 I and 20 I 0- I 0 1, amend such byJaw; AND WHEREAS the Council of the Corporation of the Municipality of Bayham deems it necessary to furttrer amend such byJaw; NOW TIIEREFORE THE COI]NCIL OF TIIE CORPORATION OF TIIE MT]NICIPALITY OF BAYIIAM ENACTS AS FOLLO\ilS: 1. TIIAT the name Lynn Acre be added as a member of the Museums Bayham Board; 2. TIIAT in all other respects, By-law 2010-001 as amended, is hereby confirmed and remains unchanged; 3. TIIAT this byJaw shall come into force and take effect upon final passing. READ A FIRST, SECOND AND TIIIRD TIME Ai\D FINALLY PASSED THIS 2Nd DAY OF DECEMBER 2010. MAYOR CLERI( By-Law 2010-108 A By-Law to further amend By-Law 2010- 001 (appointing members to Boards and Committees) Page 125 of 137 Page 126 of 137 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2010-109 A BY-LAW TO AUTHORIZE THE EXECUTION OF AN AGREEMENT OF PURCHASE AND SALE WITH ITYDRO ONE NETWORKS INC. \ilHEREAS Section 9 of the Municipal Act,2007, S.O. 2001, c. 25 as amended provides thal a municipality has the capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority under this or any Act; AND WHEREAS the Council of the Municipality of Bayham is desirous of conveying propefty to Hydro One Networks tnc. for the purpose of expansion of its distribution station; AND \ilHEREAS the Council of the Municipality of Bayham deems it necessary to approve an Agreement of Purchase and Sale by by-law; NOW THEREFORE TIIE COT]NCIL OF THE CORPORATION OF' THE MUNICPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. THAT the Council of the Municipality of Bayham hereby authorizes and directs the Mayor and Clerk to execute the agreement in the form affixed hereto marked Schedule rrArr and forming part of this by-law, being a Agreement of Purchase and Sale between the Corporation of the Municipality of Bayham and Hydro One Networks lnc' 2. AND THAT the Council of the Municipality of Bayham hereby authorizes and directs the Mayor and Clerk to execute such documents as may be necessary to complete the said Agreement of Purchase and Sale. 3. AND THAT this by-law shall come into full force and effect upon final passing. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 2ND DAY OF DECEMBER,2010. MAYOR CLERK By-Law 2010-109 A By-Law to authorize the execution of an agreement (Hydro One Networks Inc.) Page 127 of 137 AGREEMENT OT'PT]RCIIASE AI\D SALE THIS ÄGREEMENT made and entered into as of this day of November, 2010 BETWEEN: THE CORPORATION OF THE MTJNICIPALITY OF BAYIIAM (collectively the "Vendor") OFTHEFIRSTPART AND: HYDRO ONE NETWORKS INC. (the "Purchaser")OF TI{E SECOND PART WITNESSETH TIIAT in consideration of the mutual covenants, agreements and payments herein provided, the parties hereto covenant and agree as follows: 1.0 OI.FER 1.1 The Purchaser hereby offers to buy from the Vendor certain lands and premises of the Vendor, more particularly described as FIRSTLY CENTRE ST PL 17 BAYHAM; PT PARKLY 5 w/S CENTRE ST, 6 w/S CENTRE ST PL 17 BAYHAM PT 7 11R4790 ABUTTING THE W SIDE OF CENTRE ST & PT 8 11R4790; SECONDLY PT PARKLT 1 W/S CENTRE ST PL 17 BAYHAM; PT PARKLT 2 WiS CENTRE ST, 3 w/S CENTRE ST, 4 w/S CENTRE PL 17 BAYHAM PT 10 11R6564 S/T BENEFICIARIES INTEREST IN E329717 BEING CENTRE ST; BAYHAM in the Geographic Township of Vienn4 now in the County of Bayham, Province of Ontario (the "Property") and more particularly described in Schedule "4" attached hereto, upon and subject to the terms and conditions hereinafter set fofh. 1.2 The Purchaser acknowledges having inspected the Property prior to submitting this Offer and understands that upon acceptance of this Offer by the Vendor there shall be a binding agreement of Purchase and Sale between the Purchaser and the Vendor. The Purchaser agrees that this Offer shall be irevocable by the Purchaser until 5:00 pm on the Novemb er 22"ð,2010 after which time, if not accepted by the Vendor, this Offer shall be null and void and any deposit shall be returned to the Purchaser without interest or deduction. 1.3 Included in the Purchase Price is the purchase of all of the Vendor's interest in all fixtures, improvements, and appurtenances located on the Property except those listed below which are expressly excluded: nil By-Law 2010-109 A By-Law to authorize the execution of an agreement (Hydro One Networks Inc.) Page 128 of 137 2.0 2.1 3.0 3.1 PTJRCHASEPRICE The purchase price to be paid by the Purchaser to the Vendor for the Property shall be the sum of FIVE HUNDRED DOLLARS ($500.00) Canadian l)ollars, (the "Purchase Price") payable as follows: (a) The balance ofthe Purchase Price by casl¡ bank draft or uncertified cheque at the time of closing in accordance with section 3.2 þ) of this Agreement. CLOSING The closing of this transaction shall take place at 4:30 p.m. February 18d'2011, or such earlier time and at such place as shall be agreed in writing by the parties hereto (the "Closing"). The Purchaser shall be responsible in obtaining, at its cost, a survey for closing in order to properþ describe the property. On Closing, (a) Vacant possession of the Property shall be given to the Purchaser. (b) Purchaser shall pay the balance of the Purchase Price to the Vendor in accordance with section 2.Iþ) of this Agreement; (c) Rents, realty taxes, local improvement charges, water and unmetered utilþ charges and the cost of fuel as applicable shall be apportioned and allowed to the date of completion (the day itself to be apportioned to the Purchaser). (d) In conformance with subsections 221(2) and228@ of the Excise Tax Act R.S.C. 1985, c E-l5, as amended ("the Act"), Hydro One Networks Inc. shall report and pay to the Receiver General, the Goods and Services Tax ("GST") applicable to the purchase and sale of the Propefy. For the purposes of this section 3.2(d), Hydro One Networks Inc. warrants that it is a GST registrant in good standing under the Act, that its GST registration number is 870865821RT0001, and that it is acquiring the Property and the Easement for use primarily in the course of its commercial activities. GST as defined herein includes the additional tax payable under sub-section 165.(2) of the Act in respect of a supply made in a , participatingprovince REPRESENTATIONS AND WARRANTIES OF VENDOR The Purchaser shall be allowed sixty (60) days from the date of this Agreement (the "Inspection Period") to satisff itself with respect to all matters respecting the Property including its present state of repair and condition and any structwes thereor¡ all encumbrances and all regulations and by-laws goveming the Properly and the Vendor grants to the Purchaser the right to enter upon the Property and to conduct such inspections, surveys and tests as the Purchaser, acting reasonably, deems necessary in this regard, provided the Purchaser takes all reasonable care in the conduct of such inspectiors, surveys and tests and restores the Property to its prior condition so far as reasonably possible following such 32 4.0 4.1 By-Law 2010-109 A By-Law to authorize the execution of an agreement (Hydro One Networks Inc.) Page 129 of 137 inspections and tests. The Vendor assumes no responsibility for and the Purchaser shall indemniff and save harmless the Vendor from and against all claims, demands, costs, damages, expenses and liabilities whatsoever arising out of its presence on the Property or of its activities on or in connection with the Property during the Inspection Period. 4.2 If for any reason, the Purchaser, acting reasonabl¡ is not satisfied with respect to such matters arising from its activities in Section 4.l,it may deliver a notice (the'rNotice of Termination") to the Vendor prior to the expþ of the Inspection Period indicating that it is not satisfied with respect to such matters and desires to terminate this Agreement and release the Vendor from any further obligations. Upon delivery by the Purchaser of a Notice of Termination to the Vendor, and this Agreement shall be at an end and the Vendor shall return the deposit to the Purchaser without interest or deduction and neither Party shall have any firther obligation to the other respecting the Agreement. 5.0 TITLESEARCHPERIOI) 5.1 The Purchaser shall be allowed up until ten (10) days prior to closing to investigate title to the Propefy at its own experìse (the rrTitle Search Period"), to satisff itself that there are no outstanding encumbrances, or liens save and except those listed in Schedule ".{'attached hereto and until the earlier of: (i) sixty (60) days from the later the last date of the title search period or the date or which the conditions in this Agreement are fulfilled or otherwise waived or; (ii) five (5) days prior to completion, to satisff itself that there are no outstanding work orders or deficiency notices affecting the property. Vendor hereby consents to the Municipality or other govemmental agencies releasing to the Purchaser details of all outstanding work orders aflecting the Property and the Vendor agrees to execute and deliver such f,rther authorisations in this regard as Purchaser may reasonably require. 5.2 Provided that the title to the Property is good and free from all registered restrictions, charges, liens and encumbrances except those listed in Schedule "8" attached hereto, if within the Title Search Period, any valid objection to title is made by the Purchaser in writing to the Vendor together with documentary verification thereof, and which the Vendor shall be unwilling or unable to remove and which the Purchaser will not waive, this Agreement, notwithstanding arry intermediate acts or negotiations in respect of such objections, shall be at an end and the Deposit shall be retumed to the Purchaser, without interest or deduction, and the Vendor shall not be liable for any costs or damages and the Vendor and the Purchaser shall be released from all obligations hereunder, and the Vendor shall also be released from all obligations under this Agreement, save and except those covenants of the Purchaser expressly stated to survive Closing or other termination of this Agreement. Save as to any valid objection to title made in accordance with this Agreement and within the Title Sea¡ch Period, and except for any objection going to the root of title, Purchaser shall be conclusively deemed to have accepted Vendor's title to the Properly. 5.3 The Vendor and Purchaser agree that there is no condition, express, or implied, representation or warranty of any kind that the futwe intended use of the Property by the Purchaser is or will be lawful except as may be specifically stþlated elsewhere in this Agreement. 6.0 REPRESENTATIONS AND WARRANTIES OF PT'RCHASER 6.I Purchaser shall, at its own cost, forthwith make such investigation as the Purchaser deems appropriate of the Property arrd Vendor's title as provided for in this Agreement and shall notiff the By-Law 2010-109 A By-Law to authorize the execution of an agreement (Hydro One Networks Inc.) Page 130 of 137 Vendor of any objection to title, together with a complete copy of any docurnents and other material information related thereto prior to the exprry of the Inspection Period and Title Search Period. 7.0 INST]RANCE 7.l The Property and all structures or fixtures being purchased shall be and remain at the risk of the Vendor until Closing. 7.2 Pending completior¡ Vendor shall hold all insurance policies and the proceeds thereof in trust for the parties as their interests may appear and in the event of substantial damage to the Property the Purchaser may either terminate this Agreement and have all monies paid by the Purchaser retumed to the Purchaser without interest or deduction or else take the proceeds of any insurance and complete the purchase. 8.0 RESTRICTIONS AND LIMITATIONS 8.1 This Agreement shall be effective to create an interest in the Property only if the applicable subdivision control provisions of the Plannins Act, R.S.O. 1990, c. P.13, as amended, are complied with by the Purchaser prior to Closing. The Purchaser shall , at its expense, forthwith make any application to the local Committee of Adjustment or Land Division Committee for any consent that may be required pursuant to the Planning Act, and the Vendor agrees to execute promptly, on request, any application or authorization required by the Purchaser in that regard. In the event that any such application for consent is denied, or any condition imposed by such body is unacceptable to the Vendor, this Agreement shall be terminated and the Deposit retumed to the Purchaser without interest or deduction. The Purchaser agrees to pay for any monetary conditions imposed by the consenting authority. 9.0 ADDITIONALPROVISIONS 9.1 The Transfer/Deed of Land (the "Transfer"), save for Land Transfer Tax Aff,rdavits, shall be prepared in registrable form by the Vendor, and the Purchaser covenants at its cost to register the Transfer on Closing. If requested by Purchaser, Vendor covenants that the Trarsfer Deed to be delivered on completion shall contain the statements contemplated by s. 50Q2) of the Planning Act, R.S.O. 1990. 9.2 Time shall in all respects be of the essence hereof provided that the time for doing or completing of any matter provided for herein may be extended or abridged by an agreement in writing signed by the Parties or by their respective solicitors who are specifically authorized in that regard. 9.3 Any tender of documents or money herewrder may be made upon the Parties or their respective solicitors on the Closing day. Money may be tendered by bank draft or uncertified cheque. g.4 The Vendor shall be responsible for urd ugr"". to pay any applicable commission, negotiated and payable in accordance with a listing agreement with the Vendor's agent, upon successful Closing of the transaction contemplated by this Agreement, which commission shall be paid out of the proceeds of the Purchase Price. By-Law 2010-109 A By-Law to authorize the execution of an agreement (Hydro One Networks Inc.) Page 131 of 137 9.5 'Where this Agreement requires notice to be delivered by one party to the other, such notice shall be given in writing and delivered either personally, or by pre-paid registered post or by facsimile, by the party wishing to give such notice, or by the solicitor acting for such party, to the other party or to the solicitor acting for the other party at the addresses noted below: To: Vendor: The Corporation of the Municipality of Bayham 9344 PlankRoad, Box 160 Straffordville ON NOJ 1Y0 Attention: Chief Administrative Officer, Kyle Kruger Facsimile No: 51 9-866-3884 Phone No: 519-866-5521 To: Purchaser: Hydro One Networks Inc. P.O. Box 1050 1800 Main Street East Milton, ONL9T 589 Attention: Rob Thomson Facsimile No: 905-878-8356 Phone No: 4616-420-4830 Such notice shall be deemed to have been given, in the case of personal delivery, on the date of delivery, and, where given by registered post, on the third business day following the posting thereof, and if sent by facsimile, the date of delivery shall be deemed to be the date of transmission if transmission occurs prior to 4:00 p.m. (Toronto time) on a business day and on the business day next following the date of transmission in any other case. It is understood that in the event of a threatened or actual postal disruption in the postal service in the postal area through which such notice must be sent, notice must be given personally as aforesaid or by facsimile, in which case notice shall be deemed to have been given as set out above. The Parties acknowledge that there are no covenants, representations, warranties, agreements or conditions, express or implied, collateral or otherwise, forming part of or in any way affecting or relating to this Agreement save as expressly set out in this Agreement and that this Agreement and all Schedules hereto constitute the entire agreement between the parties and may not be modified except as expressly agreed between the Vendor and Purchaser in writing. Should any provision or provisions of this agreement be declared illegal or unenforceable, it or they shall be considered separate and severable from the Agreement and its remaining provisions shall remain in force and be binding upon the parties hereto as though the said provision or provisiors had never been included. No act or omission or delay in exercising any right or enforcing any term, covenant or agreement to be performed under this Agreement shall impair such right or be construed as to be a waiver of any default or acquiescence in such failure to perforn¡ unless such waiver shall be given or acknowledged in writing. 9.6 9.7 9.8 By-Law 2010-109 A By-Law to authorize the execution of an agreement (Hydro One Networks Inc.) Page 132 of 137 9.9 This Agreement shall be govemed by and construed in accordance with the laws of the Province of Ontario. 9.10 This Agreement shall constitute the entire Agreement between the Purchaser and Vendor and there is no representation, warranty, collateral agreement or condition affecting this Agreement or the Property or supported hereby other than as expressed herein in writing. This Agreement shall be read with all changes of gender or number required by the context. 9.11 This Agreement and everything herein contained shall operate to the benefit of, and be binding upon, the respective heirs, successors, permitted assigns and other legal representatives, as the case may be, of each of the Parties hereto. 9.12 Each of the Vendors warrants that spousal consent is not necessary to this transaction under the provision of the Family Law Act, R.S.O. 1990 unless each of the Vendors' spouse has executed the consent hereinafter provided. 9.13 Where each of the Vendor and the Purchaser retain a solicitor to complete this Agreement and where the transaction contemplated herein will be completed by electronic registration pursuant to Part 1 1 1 of the Land Registration Reform Act, R.S.O. 1990, and any amendments thereto, the Vendor and the Purchaser acknowledge and agree that the delivery of documents and the release thereof to the Vendor and the Purchaser may, at the solicitor's discretion; (a) not occur contemporaneously with the registration of the Transfer/Deed of Land (and other registrable) documentation), and (b) be subject to conditions whereby the solicitor receiving documents and/or money will be required to hold them in trust and not release them except in accordance with the terms of a written agreement between the solicitors. 9.14 Except as otherwise provided herein, each Party shall be responsible to pay its own taxes. 9.15 This Agreement and any right or interest transferred hereby may be registéred on title to the Property. 9.16 The provisions of the attached Schedules "4" shall form part of this Agreement as if set out herein. 9.17 The Vendor and Purchaser agree to take all necessary precautions to maintain the confidentiality of the terms and conditions contained herein. The Vendor acknowledges that this Agreement and any information or documents that are provided to the Purchaser may be released pursuant to the provisions of the Freedont of Information and Protection of Privacy,4cl, R.S.O. 1990, c. F.31, as amended. This acknowledgment shall not be construed as a waiver of any right to object to the release of this Agreement or of any information or documents. 9.18 The Vendor represents and warrants that he is not, nor will be at the time of Closing a non-resident of Canada as defined in section 116 of the Income Tax Act (Canada). 9.I9 The Purchaser agrees that it shall be responsible to pay the Vendor's reasonable legal costs up to a maximum of $1,500 which includes all disbursements and GST with respect to this purchase and sale transaction. By-Law 2010-109 A By-Law to authorize the execution of an agreement (Hydro One Networks Inc.) Page 133 of 137 IN WTIT\IESS WHEREOF the Parties have hereunto set their respective hands and seals to this Agreement of Purchase and Sale. SIGNED, SEALED AND DELIVERED In the presence of ) Mayor: Paul Ens Name of Witness: ) ) SIGNED, SEALED AND DELMERED ) In the presence of ) ) ) Clerk: Lynda Millard IIYDRO OITE I\IETWORKS INC. Per: Title: I have authority to bind the Corporation ) ) ) ) By-Law 2010-109 A By-Law to authorize the execution of an agreement (Hydro One Networks Inc.) Page 134 of 137 SCIIEDULErr['' Land to be purchased bv HOM **The proposed taking is the area highlighted in green. This area measures 25 feet by I 5.08 feet (0.008 acres) By-Law 2010-109 A By-Law to authorize the execution of an agreement (Hydro One Networks Inc.) Page 135 of 137 SCHEDT'LE 668'' Page 1 of1 pagesofSchedule"8" Note for information only: the parcel register attached shall be marked Schedule "B". By-Law 2010-109 A By-Law to authorize the execution of an agreement (Hydro One Networks Inc.) Page 136 of 137 THE CORPORATION OF THE MTJNICIPALITY OF BAYIIAM BY-LA\ü NO.2010-110 A BY.LAW TO CONFIRM ALL ACTIONS OF THE COT]NCIL OF THE CORPORATION OF THE MT]NICIPALITY OF BAYIIAM FOR THE REGULAR MEETTNG HELD DECEMBER 2, 2010 \ilHEREAS under Section 5 (1) of the Municþal Act, 2001 S.O. 2001, Chapter 25,the powers of a municipal corporation are to be exercised by the Council of the municipality; AND WHEREAS under Section 5 (3) of the Municþal Act, 2001, the powers of Council are to be exercised by by-law; AND \üHEREAS the Council of the Corporation of the Municipality of Bayham deems it advisable that the proceedings of the meeting be confirmed and adopted by by-law. THEREFORE THE COT'NCIL OF THE CORPORATION OF THE MT]NICIPALITY OF BAYHAM ENACTS AS FOLLOWS: 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 Decemb er 2,2010 is hereby adopted and confirmed as if all proceedings were expressly embodied in this byJaw. 2. TIIAT the Mayor and Clerk of the Corporation of the Municipality of Bayham are hereby authorized and directed to do all things necessary to give effect to the action of the Council including executing all documents and affixing the Corporate Seal. READ A FIRST, SECOND AND TIIIRD TIME and finally passed this 2"d day of Decemberr2010. MAYOR CLERK By-Law 2010-110 A By-Law to confirm all actions of Council Page 137 of 137