Loading...
HomeMy WebLinkAboutNovember 05, 2009 - CouncilCOUNCIL AGENDA THE CORPORATION OF THE MUNICIPALITY OF BAYHAM 9344 Plank Road, Straffordville November 5, 2009 7:00 p.m. 8:00 p.m. Court of Revision - Drainage Page 1.CALL TO ORDER 2.DISCLOSURE OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF 3.APPROVAL OF MINUTES AND ADDITION OF AGENDA ITEMS (a)Minutes of the regular meeting of council held October 15, 2009. (b)Added Item(s). 4.DELEGATIONS (a)7:20 p.m. Matthew Redsell regarding Property Standards (b)7:30 p.m. Nancy Lozon regarding Playground Equipment (c)7:45 p.m. Wanda Hoshall regarding Estherville Cemetery 5.INFORMATION ITEMS (a)Copy of resolution passed by Essa Township regarding "Nottawasaga Conservation Authority". File: C10 (b)Copy of resolution passed October 30, 2009 by the Council of the Township of Frontenac Islands regarding "Closing of Prison Farms in New Brunswick, Ontario, Manitoba, Saskatchewan and Alberta". 10-23 24 25-26 Page 1 of 405 Council Agenda November 5, 2009 Page 5.INFORMATION ITEMS File: C10 (c)Copy of resolution passed by the Council of the County of Perth regarding "Residential- Farmland Property Tax Concerns". File: C10 (d)Copy of resolution passed October 13, 2009 by the Council of the Township of Wainfleet regarding "Ministry of Natural Resources Provincially Significant Wetlands". File: C10 (e)Correspondence from Local Authority Services Ltd. regarding "Town Hall Sessions 2009 - 2010". File: A01 (f)Correspondence dated October 15, 22, 27 and 28, 2009 from Association of Municipalities of Ontario regarding "AMO Report to Members on September 2009 Board Meeting", "Bill 168, Violence & Harrassment in the Workplace", "Minister of Finance Delivers Fall Economic Statement", "AMO Applauds Government for Moving Forward on the Implementation of Early Learning and Child Care in Ontario", "Good Government Bill Proposes Municipal Election Changes" and "Waste Diversion Act Review". File: A01 (g)Correspondence from Linda Jeffrey, MPP Brampton-Springdale regarding "I thought you might like to know". File: M07 (h)News Release dated October 14, 2009 from Ontario Provincial Police regarding "Operation Impact a Memorable Initiative". File: P17 (i)Elgin Group Police Services Board June - August 2009 Detachment Commanders Report. File: P17 (j)Correspondence dated October 8, 2009 from The Ontario Aggregate Resources Corporation regarding "2008 Annual Report". File: A16 (k)Correspondence dated October 19, 2009 from Ministry of Municipal Affairs and Housing regarding "Ontario Municipal Internship Program". 27 28 29-30 31-39 40-41 42 43-52 53-55 56 Page 2 of 405 Council Agenda November 5, 2009 Page 5.INFORMATION ITEMS File: A01 (l)Correspondence dated October 23, 2009 from Ministry of Energy and Infrastructure regarding "Proposed Growth Plan for Northern Ontario". File: A01 (m)Correspondence dated October 27, 2009 from Canadian Museums Association regarding "Pre-budget Consultations". File: A01 (n)Correspondence from Ministry of Municipal Affairs and Housing regarding "Proposed reforms of interest to Municipalities". File: A01 (o)Correspondence from Association of Municipalities of Ontario regarding "Annual Expenditure Report 2008". File: A01 (p)Information Notice from Township of Malahide regarding "Agri-Industrial Park". File: A16 (q)Correspondence dated October 27, 2009 from Elgin County regarding "Smart Moratorium for disputed school closures". File: A16 (r)Corespondence from the City of North Bay regarding "Mayor to Mayor Campaign launched in Buy American Battle". File: A16 (s)Copy of correspondence dated October 1, 2009 from Elgin Group Police Services Board and October 23, 2009 from Elgin County regarding "Designating the Bridge at Furnival Road and Highway 401". File: A16 (t)Correspondence dated October 22, 2009 from Ministry of Municipal Affairs and Housing regarding 'Local Government Week". File: A16 (u)Elgin County Council minutes of meeting held September 15, 2009. File: A16 57 58 59-60 61-62 63-64 65-66 67 68-69 70 71-80 Page 3 of 405 Council Agenda November 5, 2009 Page 5.INFORMATION ITEMS (v)Correspondence dated October 26, 2009 from County of Elgin regarding "Elgin County welcomes Susan McConnell to administrative services". File: A16 (w)Correspondence dated October 5, 2009 from Bayvale Farms Ltd., T. Csinos, regarding "Road Allowance Boundaries". File: C13 (x)Correspondence dated October 19, 2009 from Ministry of Culture regarding "2009-2010 Museums and Technology Fund". File: F11 (y)Correspondence dated October 28, 2009 from Norfolk County regarding "Winters Drain Tribunal". File: E09 (z)Elgin Group Police Services Board minutes of meeting held September 30, 2009. File: P17 (aa)Correspondence received October 22, 2009 from Mae Leonard regarding "Estherville Cemetery". File: S09 6.PLANNING, DEVELOPMENT, RECREATION & TOURISM (a)Staff Report D2009-33 regarding OMB Notice of Decision - Borm, Borm Site Plan Agreement. File: D11 (b)Staff Report D2009-41 regarding Keil Consents E79/09 and E80/09. File: D10.09 Keil (c)Memorandum dated October 15, 2009 from IBI Group regarding "Green Energy Act: Role of Municipal Government in Renewable Energy Projects". File: D14 7.ROADS, AGRICULTURE & DRAINAGE 81 82 83 84-89 90-94 95-96 97-118 119-134 135-141 Page 4 of 405 Council Agenda November 5, 2009 Page 1.CORRESPONDENCE & REPORTS (a)Staff Report PW2009-23 regarding Angle Parking - Port Burwell. File: T02 (b)Staff Report PR2009-17 regarding Road Closure Application - Chestnut Street Allawance. File: T09 (c)Staff Report PR2009-18 regarding Road Closure Application - Lots 10 and 11 Concession 3. File: T09 (d)Event Road Closure Request Form from Straffordville Santa Claus Parade Committee regarding parade. File: T09 2.COURT OF REVISION - DRAINAGE 1.Application 2.Declaration of Pecuniary Interest and the General Nature Thereof 3.Staff Presentation (a)Staff Report DR2009-009 regarding No. 1 Municipal Drain. 4.Public Comments 5.Council Comments and Questions 142-143 144-145 146-148 149 150-154 Page 5 of 405 Council Agenda November 5, 2009 Page 6.Disposition of Item 7.Adjournment 8.PROPERTY, BUILDING & PROTECTIVE SERVICES (a)Staff Report P2009-006 regarding Animal Control By-Law and Draft By-law 2009-071. File P16 (b)Staff Report P2009-030 regarding By-Law Enforcement Program - 2009 Third Quarter Report. File: P16 (c)Staff Report P2009-031 regarding Emergency Management Program Third Quarter Report. File: P16 (d)Staff Report P2009-032 regarding 2009 Third Quarter Report - Fire. File: P16 (e)Staff Report P2009-033 regarding 2009 Canine Control Services / Contract. File: L04 (f)Staff Report P2009-034 regarding Surplus Fire Department Pumper Truck. File: P16 (g)Staff Memorandum regarding 2010 Budget Proposed Initiatives. File: F05 9.FINANCE, ADMINISTRATION & PERSONNEL (a)Cheque Register being Cheque #7330 to Cheque #7445 inclusive, except Cheques #7258 and #7356 totaling $983,605.49 and Payroll Disbursements for the period ending October 18, 2009 totaling $50,569.32. (b)Staff Report F2009-43 regarding GIS/GPS Services 2009/2010. File: L04 155-196 197-201 202-204 205-212 213-221 222 223-224 225-243 244-260 Page 6 of 405 Council Agenda November 5, 2009 Page 9.FINANCE, ADMINISTRATION & PERSONNEL (c)Staff Report F2009-44 regarding Playground Equipment. File: F11 (d)Staff Report F2009-45 regarding Financial Report. File: F03 (e)Staff Report C2009-027 regarding Scarborough's Survey Map Restoration. File: F18 / R01 (f)Correspondence from the Town of Aylmer regarding "Doors Open East Elgin". File: A16/R06 (g)Staff Report H2009-10 regarding Employee Training Program. File: H04 (h)Staff Memorandum regarding Request from Mayor Habkirk - Physician Assistance. File: C13 (i)Bayham Community Centres Committee draft minutes of meeting held October 29, 2009 and Draft By-Laws 2009-124 and 2009-125. File: C06 (j)Staff Memorandum C2009-13 regarding January 2010 Meeting Schedule. File: A09 10.ENVIRONMENT (a)Bayham Water Distribution System Quarterly Report for the period ending September 30, 2009 and Call Ins. File: E08 (b)Bayham Small Municipal Non-Residential Wells Quarterly Report for the period ending September 30, 2009. File: E08 (c)Port Burwell Wastewater Treatment Plant Quarterly Report ending September 30, 2009 and Call Ins. File: E05 261-282 283-323 324-325 326-328 329-338 339 340-344 345 346-351 352-354 355-356 Page 7 of 405 Council Agenda November 5, 2009 Page 10.ENVIRONMENT (d)Staff Report E2009-12 regarding MOE Order - Richmond Water System. File: E08 (e)Correspondence dated October 27, 2009 from Elgin Area Primary Water Supply System regarding "Notice of Water Rate Increase". File: F05/E08 11.COMMITTEE OF THE WHOLE (a)In Camera. (b)Closed Session minutes of the regular meeting of Council held September 17, 2009. (c)Confidential Staff Report regarding litigation or potential litigation. (d)Confidential Memorandum regarding personal matters. (e)Confidential correspondence regarding personal matters. (f)Out of Camera 12.BY-LAWS (a)By-Law 2009-071 A By-Law to Regulate and Control Animals (b)By-Law 2009-096 A By-Law to authorize the extecution of a Site Plan Agreement (Borm / ETBO Tool & Die) (c)By-Law 2009-122 A By-Law to authorize the execution of an agreement (Canine Control/Pound Keeper Services) (d)By-Law 2009-123 A By-Law to authorize the execution of an agreement (GIS/GPS Services) (e)By-Law 2009-124 A By-Law to further amend By-Law 2005-102 (Rates and Fees) (f)By-Law 2009-125 A By-Law to further amend By-Law 2009-024 (Peidl Agreement) 357-358 359-360 361-368 369-381 382-387 388-402 403 404 Page 8 of 405 Council Agenda November 5, 2009 Page 12.BY-LAWS (g)By-Law 2009-126 A By-Law to confirm all actions of Council 13.ADJOURNMENT (a)Adjournment 405 Page 9 of 405 COUNCIL MINUTES THE CORPORATION OF THE MUNICIPALITY OF BAYHAM 9344 Plank Road, Straffordville October 15,2009 7:00 p.m. 8:00 p.m. - Public Meeting - Drainage (Municipal Drain No. 1) The regular meeting of the Council of the Municipality of Bayham was held on Thursday, October 15, 2009 in the Council Chambers. Present were Mayor Lynn Acre, Deputy Mayor Cliff Evanitski, Councillors Mark Taylor, Wa¡me Casier and Ed Ketchabaw, Administrator Kyle Kruger and Clerk Lynda Millard. Chief Building Official / Drainage Superintendent Bill Knifton, Treasurer Suzanna Dielman Mantel and Public Works Manager Gerry LeMay were in attendance to present their respective reports. 1. CALL TO ORDER Mayor Acre called the meeting to order at 7:00 p.m. 2. DISCLOSTJRE OF PECTINIARY INTEREST & TIIE GENERAL NATURE THEREOF Deputy Mayor C Evanitski declared a pecuniary interest regarding item 9(f). 3. APPROVAL OF MINUTES AND ADDITION OF AGENDA ITEMS (a) Minutes of the regular meeting of council held October 1,2009. 2009-s02 Moved by Councillor rü Casier Seconded by Councillor M Taylor I'THAT minutes of the regular meeting of Council held October 1,2009 be approved as circulated." CARRIED UNANMOUSLY (b) Added Item(s) There were no items added to the agenda. 4. DELEGATIONS (a) 7:45 p.m. Wanda Hoshal regarding Estherville Cemetery Mrs. Hoshal was in attendance and again noted discrepancies in the documentation that identifies part of Hwy # 19 being mapped in lot 12 while another has it placed in Lot 13. She provided a description of member discipline utilized in the Baptist church in the Page I of 14 Minutes of the regular meeting of council held October 15, 2... Page 10 of 405 Council Minutes October 15,2009 late 1930's. She suggested that Council do what is right. She noted the group's willingness to attend proceedings regarding the court charges against Mr. Csinos, if requested. Councillor Taylor read a letter from a person who's identity was withheld. The Adminishator acknowledged that the municipal solicitor, Mr. Gibson, was in attendance at court and witness statements would be requested iflas needed. He confirmed that the charges laid are a result of improper zoning of the Csinos properly to allow for cucumber grading and the need to rezone is separate from any concems related to the cemetery property. Council accepted the offer for staff to copy the documentation gathered by Mrs. Hoshal for future ¡eference. 5. INFORMATION ITEMS (a) Correspondence dated September 25,2009 from Steve Peters, M.P.P. regarding "request for assistance/support in pursuing a Gateways and Border Crossings Fund grant". File: D06 (b) Conespondence dated September 22,2009 from City of London regarding "Port Burwell Harbour - Potential lnternational Ferry Service". File: D06 (c) Correspondence dated September 23,2009 from Norfolk County regarding "Port Burwell Harbour - Potential International Ferry Services". File: D06 (d) Correspondence dated September 29,2009 from Town of Ingersoll regarding "Port Burwell Harbour - Potential International Ferry Services". File: D06 (e) Correspondence dated October 2,2009 from City of Woodstock regarding "Port Burwell Harbour - Potential lnternational Ferry Sewice". File: D06 (Ð Conespondence received from Association of Municipalities of Ontario regarding "2009 Ontario West Municipal Conference". File: 401 (g) Corresponce dated September 28 and October 6,2009 from Association of Municipalities of Ont¿rio regarding "Green Energy Regulations Strongly Reflect AMO Inpuf', "l{MO's Message to the Province: Accessibility and Municipalities Page 2 of 14 Minutes of the regular meeting of council held October 15, 2... Page 11 of 405 Council Minutes October 15,2009 at Risk with Initial Proposed Built Enviomment Standard" and "Southern Ontario Municipalities Invited to Submit Funding Requests". File: 401 (h) Newsletter dated October 2009 from Local Authority Services Limited regarding "Energy Newsflash". File:A0l (Ð Conespondence dated September 30,2009 from Ministry of Tourism regarding "Celebrate Ontario 20 I 0". File: A16 (j) Norfolk County Drainage Court of Revision minutes of meeting held September 16,2009. File: E09 (k) Museums Bayham draft minutes of meeting held September 9,2009. File: C06 (l) Bayham Community Centres Committee draft minutes of meeting held September 24,2009. File: C06 (m) Bayham Historical Society draft minutes of meeting held September 10, 2009. File: C06 (n) Bayham Health & Safety Committee minutes of meeting held September 18, 2009. File: C06 (o) Lake Erie Source Protection minutes of meeting held September 10, 2009. File: E00 (p) Long Point Region Conservation Authority Board of Directors minutes of meeting held August 5,2009. File: A16 (Ð Correspondence dated October 5,2009 from Community Schools Alliance regarding "MPP Letter in Support of a'Smart Moratorium' on School Closures". File: A0l G) Correspondence dated October 5,2009 from Ont¿rio Good Roads Association regarding "Nominations for Directors". File: A0l G) Ontario Good Roads Association Heads Up Alert dated September 30, 2009 regarding "Ontario's Roads Safer as of October 26,2009". File: 401 Page 3 of14 Minutes of the regular meeting of council held October 15, 2... Page 12 of 405 Council Minutes October 15,2009 (t) Correspondence received October 5,2009 from Coastal Program Coordinator, Carolinian Canada Coalition regarding "Carolinian Canada Coalition - Caring for Our Coast Forum". File: D06 (u) Correspondence dated September 30, 2009 from Municipal Propefy Assessment Corporation regarding "Toronto Bank Towers Decision - Divisional Couf". File: Á.16 (v) Correspondence received October 2,2009 from Historica-Dominion Institute regarding "Veteran Appreciation Days". File: 401 (w) Correspopndence dated October 2009 from Federation of Canadian Municipalities regarding "FCM Green Municipal Fund" File: A0l (x) Correspondence dated September 2l from Recycling Council of Ontario regarding "Waste Reduction Week in Canada - October 19 - 25,2009". File: E07 (V) Conespondence dated October 7 ,2009 from County of Elgin regarding "2009 Warden's Banquet". File: 416 (z) New Release dated October 9,2009 from Elgin County OPP regarding "Operation Inpact". File: P17 2009-503 Moved by Councillor W Casier Seconded by Councillor M Taylor I'TIIAT information items 5(a) through 5(z) be received for information." CARRIED I.]NANIMOUSLY 6. PLANI\ING. DEVELOPMENT. RECREATION & TOURISM (a) StaffReport D2009-37 regarding Grewal Consent Applications E65 - E68/09. File: D10.09 GREWAL 2009-504 Moved by Councillor E Ketchabaw Seconded by Councillor W Casier "TIIÄT Staff Report D2009-37 regarding Consent Applications 865 - Page 4 of 14 Minutes of the regular meeting of council held October 15, 2... Page 13 of 405 Council Minutes October 15,2009 868/09 Grewal be received; AND THAT Council defer the applications until such time as the applicant provides for rnunicipal review a conceptual plan of subdivision for the entire subject lands including the layout of the four lots proposed to be created by consent.tt CARRIED UNANIMOUSLY (b) StaffReport D2009-40 regarding Blondeel Consent Application E58/09. File: D10.09 BLONDEEL 2009-505 Moved by Councillor E Ketchabaw Seconded by Deputy Mayor C Evanitski "THAT Staff Report D200940 regarding revised Consent,A,pplication 858/09 Blondeel be received; AI\D THAT Council recommends to the Elgin county Land Division committee that severance application 858/09, submitted by Blondeel Nursery Inc., be approved subject to conditions: 1. rezoning 2. apportionment of assessment for drainage as per the Drainage Act requirements 3. Letter of Undertaking confirming the conveyance of the severed parcel to the adjacent property owned by Siegfried and Margaret Blondeel identilied as assessment Roll # 34- 10-000-003-14400 4. a copy of the final survey provided to the municipality." Councillor Taylor noted hìs opposition to decìsions made based on assessment møppìng nol necessarily being conect and requested a ¡ecorded vole. InFavour Oooosed MøyorAcre Councillor Taylor Councillor Casìer Deputy Mayor Evønitskí Councillor Ketchabøw Motion Carried on a vote of 4 to I in favour 7. ROADS. ÄGRICULTURE & DRAINAGE Page 5 of 14 Minutes of the regular meeting of council held October 15, 2... Page 14 of 405 Council Minutes October 15,2009 (a) Corresopondence dated October 9,2009 from The Port Burwell Legion regarding "Armistice Parade - Nov. 8/09'. File: T09 2009-s06 Moved by Councillor M Taylor Seconded by Councillor W Casier *THAT Correspondence dated October 9,2009 from the Royal Canadian Legion Branch 624Port Burwell be received; "THAT the Council of the Municipality of Bayham approves the request by the Royal Canadian Legion Branch 624PortBurwell for permission to use streets within Port Burwell for the Armistice Parade to be held Sunday November 8, 2009 at 12:00 p.m., subject to the provision of proof of liability insurance coverage in the amount of $2 million; THAT Wellington, Robinson and Pitt Streets be temporarily closed during the parade; AND THAT the Bayham Public Works Superintendent be directed to provide the necessary provisions for traflic control and safety." CARRIED UNANIMOUSLY 1. PUBLIC MEETING 2009-s07 Moved by Councillor W Casier Seconded by Councillor M Taylor 'TTHAT the Council meeting be adjourned in order to hold a Public Meeting pursuant to the provisions of the Drainage Act il CARRIED UNANIMOUSLY 1. Public Meetins (a) 8:00 p.m. - Municipal Drain No. I to consider Spriet Associates Engineer's Report #208321 dated September 28, 2009. 2. Declaration of Pecuniary Interest and the General Nature Thereof None Page 6 ofl4 Minutes of the regular meeting of council held October 15, 2... Page 15 of 405 Council Minutes October 15,2009 3. StaffPresentation (a) StaffReport DR2009-008 regarding Municipal Drain No. I and attached Engineers Report. File: E09 Report was presented by Drainage Superintendent Bill Knifton and John Spriet, Engineer. The Drainage Superintendent advised that 19 persons had attended a meeting to discuss concems and the need to upgrade Drain No. l. Mr. Spriet explained the public meeting process, noting that public comments or questions from the public and Council were welcome regarding the project construction. He added that the proposed court of revision will address any issues with assessment of the construction costs. 4. Public Comments Mathew Schafer questioned whether Branch C of the No. 1 Drain is working properþ. Mr. Knifton advised that the Main Drain is not working. Mr. Spriet suggested no complaints have been received, and he will be looking into this. 5. Council Comments and Ouestions Councillor Casier questioned whether the old drain would be disconnected, to which Mr. Spriet responded yes, taken out or destroyed, the same route will be followed with the new construction. Councillor Ketchabaw questioned whether M¡. Herman has a pond that will affect the drain. Mr. Spriet responded that he does and that a catch basin will be installed to control the water elevation. 6. Adiournment 2009-508 Moved by Councillor M Taylor PageT of14 Minutes of the regular meeting of council held October 15, 2... Page 16 of 405 Council Minutes October 15,2009 Seconded by Councillor W Casier TTTHAT the Public Meeting be adjourned at 8:20 p.m." CARRIED T.JNANIMOUSLY 7. Disposition of ltem (a) Disposition 2009-509 Moved by Councillor W Casier Seconded by Councillor E Ketchabaw "THAT StaffReport DRj¿009-008 regarding Municipal Drain No. 1 be received; AND TIIAT in accordance with Section 78 of the Drainage Act, Council of the Corporation of the Municipality of Bayham hereby adopts Spriet Associates report #208321dated September 28,2009, referred to as the (I)rain No.l" report; AND THÄT Provisional By-law #2009- ll2 be given first and second reading; AND THAT the Clerk be directed to distribute copies of the Provisional Bylaw and Notice of the time and place of the first sitting of the Court of Revision to the affected parties pursuant to Section 46 (2) of the Drainage Act; AND THA.T a date of November 5,2009 at 8:00 p.m. be set for the first sitting of the Court of Revision." CARRIED UNANIMOUSLY 8. PROPERTY. BUILDING & PROTECTIVE SERVICES (a) Building Permit Report for period ending September 30,2009. File: PlO 2009-510 Moved by Councillor M Taylor Seconded by Councillor W Casier "THÄT Building Permit Report for month ending September 30, 2009 be received for information. f f Page 8 of 14 Minutes of the regular meeting of council held October 15, 2... Page 17 of 405 Council Minutes October 15,2009 CARRIED UNANIMOUSLY 9. FINANCE. ADMINISTRATION & PERSO¡INEL (a) Cheque Register being Cheque #7233 to Cheque #7329 inclusive, except Cheque #7234 totaling $235,578.39 and Payroll Disbursements for the period ending September 20 and October 4,2009 totaling $51,448.18 and $51,149.18 respectively. 2009-5ll Moved by Councillor M Taylor Seconded by Councillor W Casier "THAT Cheque Register being Cheque #7233 to Cheque #7329 inclusive, except Cheque #7234 totaling $235,578.39 and Payroll Disbursements for the period ending September 20 and October 4,2009 totaling $51,448.18 and $51,149.18 respectively be approved.'r CARRIED UNANIMOUSLY (b) StaffReport F2009-42 regarding Capital Budget 2010. File: F05.10 Council suggested waiting until after the operating budget is available and the service review study is started, before considering approval ofthe capital budget. (c) StaffReport PW2009-20 regarding Three Quarter Ton Truck. File: Fl8 2009-512 Moved by Councillor W Casier Seconded by Councillor E Ketchabaw "TIIAT StaffReport PW2009-20 regarding Three Quarter Ton Truck be received; AND THAT Council direct staff to purchase a used vehicle." CARRIED UNANIMOUSLY (d) StaffReport PW2009-21regarding Straffordville Medical Building Roof Repairs. File: L04 Page9 of 14 Minutes of the regular meeting of council held October 15, 2... Page 18 of 405 Council Minutes October 15,2009 2009-513 Moved by Deputy Mayor C Evanibki Seconded by Councillor W Casier I'THAT Staff Report PW2009-21 regarding Straffordville Medical Building Roof Repairs be received; AND THAT Staff be authorized to proceed with repairs to the Straffordville Medical Building roof repaÍrs as quoted by Janzen Exteriors." CARRIED T.INANIMOUSLY (e) StaffReport PW2009-22 regarding Replacement of Signs - Port Burwell. File: T07 2009-514 Moved by Deputy Mayor C Evanitski Seconded by Councillor W Casier 'TTHAT Staff Report PW2009-22 regarding Replacement of Signs - Port Burwell be received; AND THAT Staffbe authorized to proceed with new faces for blades in Port Burwell in a blue and white format.'f CARRIED UNANIMOUSLY (Ð Correspondence dated September 24,2009 from Long Point Region Conservation Authority regarding "2010 Operating and Capital Budgets". File: A16 2009-st5 Moved by Councillor W Casier Seconded by Councillor E Ketchabaw rTHAT correspondence from lnng Point Region Conservation Authority regarding 2010 Operating and Capital Budgets be received; AND THAT the Council of the Municipality of Bayham supports the 2010 Operating and Capital Budgets as presented.rf CARRIED UNANIMOUSLY Page 10 of 14 Minutes of the regular meeting of council held October 15, 2... Page 19 of 405 Council Minutes October 15,2009 (g) StaffReport C2009-24 regarding Service Delivery Review Project. File: D02 2009-516 Moved by Councillor E Ketchabaw Seconded by Councillor W Casier "THAT StaffReport C2009-024 regarding Senice Delivery Review Project be received; AND THAT Staffbe directed to initiate the general program for municipal Service Delivery Review as outlined in Report C2009-024." CARRIED UNANIMOUSLY (h) Draft By-Law 2009-099 being a By-Law to further amend By-Law 2009-006 appointing members to Boards and Committees. 2009-517 Moved by Councillor M Taylor Seconded by Deputy Mayor C Evanitski TTTHAT By-Law 2009-099 being a By-Law to amend By-Law 2009-006 appointing members to Boards and Committees of the Municipality be presented to Council for enactment.rr CARRIED IINANIMOUSLY (Ð Draft By-Laws 2009- 116, 2009-117,2009-ll8 and 2009-l l9 to authorize the execution of agreements for winter conhol. 2009-518 Moved by Deputy Mayor C Evanitski Seconded by Councillor W Casier "THAT By-Laws 2009-116,2009-117,2009-118 and 2009-119 being By- Laws to authorize the execution of agreements for winter control be presented to Council for enactment.r' CARRIED UNANIMOUSLY () StaffReport C2009-26 regarding RFP Results - Ferry Service Feasibility and Impact Study. File: Fl l Page 11 of14 Minutes of the regular meeting of council held October 15, 2... Page 20 of 405 Council Minutes October 15,2009 2009-st9 Moved by Councillor E Ketchabaw Seconded by Councillor M Taylor "TIIAT StaffReport C2W9-26 regarding RFP Results - Ferry Service Feasibility and Impact Study be received; AND THAT the proposal submitted by CPCS Transcom Limited dated October 9,2009 for the International Ferry Service Feasibility and Impact Study be accepted; AI\D THAT By-Law 2009-120 being a By-Law to authorize the execution of an agreement between the Municipality of Bayham and CPCS Transcom Limited for the International Ferry Service Feasibility and Impact Study be presented to Council for enactment." CARRIED UNANIMOUSLY (k) StaffReport C2009-25 regarding Boundaries Act Outline. File: S09 There was consensus that a legal opinion determining what can be achieved through the Boundaries Act process be obtained prior to üaking any action. 2009-520 Moved by Councillor W Casier Seconded by Deputy Mayor C Evanitski "THAT StaffReport C2009-025 regarding Boundaries Act Outline be received for information. I' CARRIED UNANIMOUSLY 10. ENVIRONMENT (a) Correspondence dated October 1,2W9 from Elgin Area Primary Water Supply System regarding "Policy Proposal Notice: Stewardship - Leadership - Accountability. Managing Ontario's Water Resources for Future Generations". File: E08 2009-521 Moved by Deputy Mayor C Evaniski Seconded by Councillor M Taylor Page 12 of 14 Minutes of the regular meeting of council held October 15, 2... Page 21 of 405 Council Minutes October 15,2009 "TIIAT correspondence from Elgin Area Primary Water Supply System regarding Policy Proposal Notice: Stewardship - Leadership - Accountability and Managing Ontario's Water Resources for Future Generations be received for information.t' CARRIED UNANIMOUSLY 11. COMMITTEE OF THE WHOLE 12. BY.LAWS (a) By-Law 2009-099 A By-Law to further amend By-Law 2009-006 (Committee memben) (b) By-Law 2009-ll2 A Provisional By-Law to provide for drainage works (Municipal D¡ain No. 1) "fnst and second readings only" (c) By-Law 2009-116 A By-Law to authorize the execution of an agreement (Wilson) (d) By-Law 2009-ll7 A By-Law to auhorize the execution of an agreement (Underhill) (e) By-Law 2009-l l8 A By-Law to authorize the execution of an agteement (Laemers) (Ð By-Law 2009-ll9 A By-Law to authorize the execution of an agreement (Sproul) (g) By-Law 2009-120 A By-Law to authorize the execution of an agreement (CPCS Transcom Limited) 2009-s22 Moved by Councillor E Ketchabaw Seconded by Deputy Mayor C Evanitski "THAT Provisional By-Law 2009-112 for the MunicipalDrain No. 1 be read a lÌrst and second time.r' CARRIED UNANIMOUSLY 2009-523 Moved by Councillor E Ketchabaw Seconded by Councillor M Taylor I' THAT By-Laws 2009 -099, 2009 -116, 2009 -117, 2009- 1 1 8, 2009-1 I 9 and Page 13 of14 Minutes of the regular meeting of council held October 15, 2... Page 22 of 405 Council Minutes October 15,2009 2009-120 be read a first, second and third time and finally passed." CARRIED UNANIMOUSLY (h) By-law 2009-I2l A By-law to confinn all actions of Council 2009-524 Moved by Deputy Mayor C Evanitski Seconded by Councillor E Ketchabaw "That confirming By-law 2009-l2l be read a lirst, second and third time and finally passed." CARRIED UNANIMOUSLY 13. ADJOURNMENT (a) Adjoumment 2009-52s Moved by Deputy Mayor C Evani*ki Seconded by Councillor E Ketchabaw 'iTHÄT the Council meetÍng be adjourned,ú9227 p.m." CARRIED UNANIMOUSLY MAYOR Page 14 of 14 Minutes of the regular meeting of council held October 15, 2... Page 23 of 405 ONTARIO PROPERTY AND ENVIRONMENTAL RIGHTS ALLIANCE Unit *A', 135 Church Street, North, Mount Forest, Ontario, NOG 2L2 Phone: (519) 323-2308 / Fax: (519) 323-0289 E-Mail: ooera(@bmts.com / Web Page: TO: Mayor and Council Ontario Municipalities RE: Essa Township Resolution FROM: R.A. (Bob) Fowler OPERA Secretary DATE: October 21,2009 By majority vote the elected Council of a Simcoe County muuicipality, Essa Township, approved subject Resolution as copied verbatimbelow. Resolution No: C222-2009 Moved by: Macdonald, Seconded by: Henderson ITIAT the Council of the Township of Essa has identified the need þr an independent review of the NVCA regarding how they collect and charge þr permit fees, levy fees and the duplication of planning for residents, businesses and the municipalities in the NI/CA catchment area; NOW THEREFORE BE IT RESOLVED TITAT the Council of the Township of Essa requests municípalities in the NVCA wqtershed to support qn immediqle reviøu by an independent third party who will be asked to develop øn øction plan on matters such as but not limited to, the duplication and required level of planning in the NVCA cstchment areø; halting collection of permit fees by the NTCA, but instead with municipalities collecting reasonablefees to meet the objectives set out in the Conservation Act, and passing along øppropriøtefees to the NVCA for services performed; streqmlining of sertices and a strategt for reduction of levy fees; and further TIIAT Essa Council looks forward to working with the NVCA in order to provide ø better sertice to qll residents of the areø' It ß requested that a copy of this resolution be sent to qll NI/CA member municipølities þr consideration and support. A recorded vote was called: Councilor Henderson Yea Councilor Macdonald Yea DeputyMayorDowdall Yea Mayor Guergis Yea Carried An overflow audience that attended this Council proceeding included private citizens, farmers, politicians, contractors, land deveþers and representatives of numerous landowner organizations such as Food Chain, Land Use Council, Ontario Federation of Agriculture, Ontario I¿ndowners Association, Ontario Property and Envi¡onmental Rights Alliance and Peat Farmers of Ontario. Quiet and attentive, the very number and diversity of spectators expressed by their collective presence not only vigilant interest in the approved Resolution but also a growing public demand for more accountability and tansparency where municipal charges and development fees levied by district Conservation Authorities ¿ìre concerned. It's hoped the vision and resolve of the Essa Township council to that end is duly noted and will be endorsed by other municipalities across Ontario. The above Resolution may be a defining event in the ongoing struggle for provincial legislation that recognizes the statutory right of private citizens to own land in Ontario. Since World V/ar II that right, the comerstone of English common law for more than 800 years, has been steadily eroded by regulatory excesses ofunelected provincial sub-agencies, by land use manipulations of provincially-endorsed lobbyists and by covert interventions of provincially-subsidized Non Govemment Organizations. "to protecl snd entrench ín løw, Iandowner rights and responsíbílities" Copy of resolution passed by Essa Township regarding "Nottaw... Page 24 of 405 TOWNSHIP OF FRONTENAC ISLANDS P.O. Box 730, WOLFE,SliÁ.ND, Ontu K0H 2Y0 WHEREAS the Federal Government, through Correction Services of Canada, has announced the closing of six prison farms across Canada. AND WHEREAS the Public Safety Minister, Peter Van Loan, has listened to feedback from the public and we are appreciative of the recent announcement that the abatto¡r located at the Pittsburgh lnstitution, near Kingston, will remain in operation. AND WHEREAS it is felt that there are many benefits in keeping all prison farms open. While it is acknowledged that not many prisoners will end up w¡th a job on a farm, the¡r experience working on the prison farms provide them with a host of transferable skills and teaches them the need for punctuality, discipline, responsibility, good work ethic, and the importance of teamwork. AND WHEREAS there is evidence that the way people treat nature (animals and the environment) reflects in the way that they treat people, and vice versa. Many prisoners have grown up in abusive situations and ended up abusive themselves; by working on the prison farms they get a new appreciation for the importance of respecting their surroundings, which in turn helps in teaching them to grasp the need for personal restoratíve behaviour. By working on the farms and seeing first hand that a respective relationship with animals and nature is important, they learn that there is another and a better way. AND WHEREAS ¡t is felt that the costs of running these farms are offset by savings derived from these locally grown foods. That is there are side benefits that are hard to put a dollar value on, such as reducing CO2 in the environment with reduced transportation, and building of the ¡nmates self worth and self-esteem which will help them reintegrate into society, and thus prevent them from returning to prison. BE lT RESOLVED THAT the Council of the Municipality of Frontenac lslands requests the Honourable Peter Van Loan, and Correction Services Canada, to keep the six prison farms in question opened. AND FURTHER THAT this resolution be forwarded to the Honourable Rob Nicholson, Federal Justice Minister, and Peter Milliken, MP for K¡ngston and the lslands, and all municipalities in Ontario for their support. Copy of resolution passed October 30, 2009 by the Council of... Page 25 of 405 Copy of resolution passed October 30, 2009 by the Council of... Page 26 of 405 Offrce of the Chief Administrative Officer Court Housg 7 Huron 9træt, Stratford Ontaric N5A 554 Tel: (s19) 271-0531 Fax: (519) 271-2723 Resolution of Perth County Council regading Residential-Farmland Property Tax Concerns Recommendation: R2009-496(Amended) Moved by Councillor Hollinger Seconded by Councillor McKay WHEREAS the 2009 Provincial assessment data included incorrect values in the Residential class that should have been included in the Farmland class; and WHEREAS such incorrect values will be adjusted by MPAC for the affected taxpayers by the Post Roll Amended Notices, but for which such adjustments may create a budget shortfall for municipalities by having to write-off the differences; and WHEREAS outstanding building permits not processed in a timely manner affect municipalities' revenue and could offset such write-offs; and WHEREAS incorrect values in the RT and FT class have an impact on the OMPF calculations for both 2009 and 2010; NOW THEREFORE BE IT RESOLVED THAT MPAC be requested to provide additional, proactive reporting to municipalities to disclose such pending assessment changes in the future; and THAT MPAC be requested to process the outstanding building permits to ensure that no Assessment revenue is lost, and that new permits be processed in a timely manner; and THAT the Ministry of Finance be requested to reconcile the 2009 OMPF, and to adjust the 2010 OMPF calculations to their proper values; and THAT a copy of this resolution be forwarded to the Hon. John Wilkinson, MPP, Eastern Wardens Caucus, the Western Warden Caucus, the Association of Municipalities of Ontario (AMO) for circulation, the Ontario Federation of Agriculture (OFA), the Christian Farmers Federation of Ontario (CFFO), and the National Farmers Union of Ontario (NFU) for support. Carried The Council of the County of Pefth requests support for the above motion. Contact is: Renato Pullia, Director of Corporate Servicesffreasurer 5L9-27t-0531 ex 210 FþX, 5L9-27L-6265 rpullia@pe¡thcounty.ca DISCT.AIMER This material is provided under contract as a paid seruice by the on:ginating organÞalion and does nol necessarily rellect the view or positions of the Associalion of Municipalities of Onlario (AMO), ils subsidiary companies, olfrcerc, d¡rectoß or agenls Copy of resolution passed by the Council of the County of Pe... Page 27 of 405 TowNSHIP OFWIINFTEET Box 40, 19M43 Hwy#3, Wainfleet, ON LOS lVO Tel: 905-899-3463 . Fax: 905-899-2340 . www.township.wainfleet.on.ca 15,2009 Ar,r, MuxlcIpALrrIEs rN THE Pnovnvcr or Onrmro MIMSTRY oF NATURAL REsoURcEs PRoVINCI¡T,T,y STCNTFICANT WNTT,IXOS At the Council meeting of Tuesday, October 13,2009, the following resolution was passed, respecting the above referenced matter: WHEREAS the Ministry of Natural Resources proposes to designate ø significant portion of land in lYainfleet øs Provincially SigniJìcant lletlands (P570; AND WHEREAS these designations represent a significønt erosion of property owners' private property ights ; AND WHEREAS the designations have been møde unilaterally and without public input; NOW THEREFORE BE IT RESOLWD THAT the Corporationþr the Township of lltainJleet strongly objects to the wetland mapping proposed for this municipality by the Ministry of Natural Resources; AND THAT Council directs staff to draft a letter to the Ministry of Natural Resources outlining Council's objection to the mapping; AND FURTHER THAT a cory of the letter be sent to the Association of Municipalities of Ontario, Peter Kormos, M.P.P. and all Ontario municipalities for their consideration and support. Carried Tanya Lamb Township Clerk Contact Information Tanya Lamb, Clerk Township of Wainfleet 19M43 Highway No. 3 P.O. Box 40 Wainfleet, ON LOS lVO Phone: 905-899-3463 ext. 223 Fax 905-899-2340 Email: tlamb@townshirr.wainfleet.on.ca Yours trul¡ Copy of resolution passed October 13, 2009 by the Council of... Page 28 of 405 localAuthoríly Servlces Ltd. 2OO9.20lO Whether you are municipal staff or an elected official, join us to learn about existing and new program/service offerings from AMO/LAS. These no-cost sessions are your chance to learn how to leverage our experience, programs, and leadership so you can do more for your municipality. Session Schedule: 9am - l0:15 - Monitor Energy and Plan to Succeed with LAS' EMT and Energy Management Planni ng Tool We will introduce our new Energy Planning Tool (EPT) and outline how it will help your organization meet the regular reporting requirements ot¡tlined in the Green Energy Acf. We will also demonstrate our successful Energy Management Tool (EMT) and discuss how this web-based software can help municipalities of all sizes save money through active monitoring and benchmarking of electricity, natural gas, and water accounts. The tool can also help municipalities meet corporate environmental stewardship goals including GHG reductions. 10:30 - ll:15 - Leveraging the Green Energy Act - IAS Solar Photovoltaic Proiect LAS now offers a turnkey renewable energy project solution to all interested municipalities. Discover how the installation of solar PV anays on an existing municipal facility can provide a long-term revenue source for your organization by selling green energy into the Ontario electricity grid. This program also provides a great opportunity to educate your community abor.¡t the benefits of sustainability and green power. 1l:15 - l2:00pm - L.AS Natural Gas and ElectrÍcity Program More than 160 municipalities take part in the LAS Electricity and Natural Gas Procurement Programs. This session will provide current members with an update of both programs (including program savings), and will also provide an overview of program benefits and the enrollment process for municipalities that do not yet participate. Networking lunch providedl 1:00 - 2:00pm - Municipal lnformation & Data Analysis Sysfem (MIDAS) Learn about recent uograde to MIDAS, including the integration of the graphic/reports and mapping sections, and the incorporation of Microsoft's Mrtual Earth into the GIS software. MIDAS is a web- based query and analysis toolthat converts raw Financial lnformation Return (FlR) data into meaningful reports, graphic presentations, thematic mapping, and cartographic printing. MIDAS is a tool that can benefit all municipalities as it makes municipal benchmarking convenient and fast. 2:00 - 3:00pm - Federal Gas Tax Program Update This update will advise you of the relevant changes to the Federal Gas Tax funding anangement for the period of 2010 to 2014, and will provide an update on the focus and purpose of the program going forward. Hear about some progressive projects that are helping municipalities undertake solid, informed infrastructure fìnancial planning. Hall Se Correspondence from Local Authority Services Ltd. regarding ... Page 29 of 405 2009-10 Town Hall lnformation/Update Sessions Ifiese sessions are no-cost but we requíre pr*registration for all attendees. Times: 9:00am- 12:(N noon and 1:00pm- 3:00pm- lunch will be provided REGISTRATION DETAILS: Association of Municipalities of Ontario 200 University Avenue, Suite 801 Toronto, Ontario, M5H 3C6 416-971-9856 | Toll Free 1-877426-6527 Thurcday, October 8, 2009 Gity of Dryden Dryden City Hall 30 Van Horne Ave Dryden P8N 247 (807t223-1147 ! nrvt !pu REVISED DATE! Wednesday, November 4,2009 City of Sault Ste. Marie City Hall- Council Chambers 99 Foster Drive - Level 3 Sault Ste. Marie P6A 5N1 t705) 759-2500 !nu !pu Friday, November 2O,2OO9 Town of Bracebridge Town Hall- Council Chambers 1000 Taylor Court Bracebridge P1L 1Ro t7o5t ÊLa>5)64 !nu Epu Thursday, January 14,2010 Gity of Kingston lnvista Gentre 1350 Gardiners Road Kingston K7P 0E6 (613\ 544-4442 ! ¡tt ! Ptr,t Thursday, February 4,2010 Municlpality of Southwest Middlesex Glencoe Arena Auditorium 138 MillSt. Glencoe NOL 1M0 (519t 287-2015 Enu npu Thursday, February 11,2010 Town of Grimsby Elizabeth St. Pumphouse 447 Elizabeth St. Grimsby L3M 3K9 t905) 94+9634 ! nut Epu Wednesday, December 9, 2009 Via Weblnar Sessrbn detaíls wtll be provided to regístrants closer to the date fl nu npu Name:Title: Municipality: Phone:Email: Please FÐ( registration form to A:MOILAS at (416) 97f -6191 or ema¡l to Susan at sallardvce@-amo.on.ca vr/wìfl.amo.on.ca -- Msit the AIIIO and LAS websites - www.las.on.ca Correspondence from Local Authority Services Ltd. regarding ... Page 30 of 405 MEMBER COMMUNICATION 200 University Ave, Suite 801 Toronto, ON MsH 3C6 Tel.: (416) 971-9856 | Fax (416) 971-6191 E+nail: amo@amo.on.ca ALERT No: 09/069 þ- ÉtrlJTo the attention of the Clerk and Council October 15,2009 AMO Report to Members on September 2009 Board Meeting To keep members informed, AMO provides updates on important issues considered at regular AMO Board of Directors' meetings. Highlights of the September 2009 Board meeting follow: aa H1N1 and lnfluenza Season Update The Board received an update from the Ministry of Health and Long-Tenn Gare on the emergence of H1N1 and other influenza strains and their likely impact on this year's flu season. Prevention plans were described including immunization and antivirals and the role of public health units and local pharmacies in addressing outbreaks of H1N1 in communities. Contact: Petra Wolfbeiss, Senior Policy Advisor, email: owolfbeiss(ôamo.on.ca; phone: 416-971- 9856 ext. 329. ! ! Recommendations on Provincial Review of Long Term Affordable Housing Strategy The Board approved two recommendations for submission to the Long Term Affordable Housing Strategy. To shift from prescriptive legislation to the kind of permissive legislation required to support the consolidation of about 28 housing and homelessness programs into a single, outcomes-based housing program, the Act will need to be changed. The Board recommended legislative amendments required to support the consolidation of all programs consistent with the report of the PMFSDR and to vest AMO and the City of Toronto with the responsibility of appointing municipal/DssAB representatives to the Social Housing Services Corporation Board of Directors. Contact: Petra Wolfbeiss, Senior Policy Advisor, email: owolfbeiss@amo.on.ca; phone: 416'971- 9856 ext. 329. n ! Response fo Accessibility for Ontarians with Disabilitîes Acú (AODA) Buìlt Environment Standard The Board endorsed seven recommendations to be submitted to the public review on the initial draft Built Environment Standard. The recommendations and key issues were provided to the members in an ALERT issued September 28,2009. Contact: Petra Wolfbeiss, Senior Policy Advisor, email: owolfbeiss(@amo.on.ca; phone: 416'971- 9856 ext. 329. tt AMO's Federal Gas Tax Fund and Public Transit Fund Outcomes Report Board approved public refease of the AMO Gas Tax Fund & Public Transit Fund Outcomes Report which demonstrates that investments in environmentally sustainable municipal infrastructure have led to cleaner water, cleaner air, and reduced Greenhouse gas emissions. The report demonstrates that municipalities have leveraged this long-term, predictable funding source to invest in local priorities that contribute to these environmental objectives while improving community sustainability. The complete report can be found on a new interactive website titled Gas Tax at Work at www.gastaxatwork.ca. Contact: Judy Dezell, Project Manager, email: idezell@amo.on.ca; phone: 416-971-9856 ext. 306. u un¡c¡pa¡11:î?äii:-"i ^llo1-3 Correspondence dated October 15, 22, 27 and 28, 2009 from As... Page 31 of 405 tra B¡ll 186, Violence and Harassment in the Workplace The Board received an update on Bill 168, an amendment to the Occupational Health and Safety Act regarding new requirements for employers on violence and harassment. A recommendation was passed that AMO support the goals and policies of the Bill but recommends changing the implementation process to one year from six months. AMO will also ask for clarifìcation on a number of matters including expectations for work refusal and prevention of domestic violence in the workplace. Contact: Darcy Higgins, PolicyAdvisor, email: dhiggins@amo.on.ca; phone: 416-971-9856 ext. 315. !tr S¿ÁPP (Strategic Lawsuit Against Public Participation) The Board received resolutions regarding SLAPP from the City of Mississauga, City of Hamilton and 62 other municipalities. SLAPPs or assigning costs at OMB hearings to citizens is a tactic, which often leads to a'chill effect'that discourages citizens' participation in local decision making. The National Assembly of Quebec has passed a change to their Code of Civil Procedures to prevent such cases. The Board resolved that AMO staff meet with staff in the Ministry of Municipal Affairs and Housing in order to develop solutions to prevent SLAPPs and to avoid undue costs placed on citizens in OMB hearings to protect those with legitimate concerns. Contact: Darcy Higgins, Policy Advisor, email: dhigoins@amo.on.ca; phone: 416-971-9856 ext.315. trtr Gianf Hogweed- Weed Control Act The Board received resolutions from the Township of Huron-Kinloss and twenty other municipalities asking the Province that Giant Hogweed be added to the Weed ControlAct to help prevent the spread of this toxic, non-native plant. The Board resolved that AMO write to the relevant ministries asking them to work collaboratively to develop a strategy on Giant Hogweed that would aim towards province-wide elimination of the species, using public education, effective control strategies and adequate municipal authority. Contact: Darcy Higgins, Policy Advisor, email: dhiogins(@amo.on.ca; phone: 416-971-9856 ext. 315. DD Proposed Medical Officer of Health and Associate Medical Officer of Health Compensation The Board was advised that Ministry of Health and Long-Term Gare (MOHLTC) is offering 100o/o incremental funding of salary and benefits for Medical Officers of Health on top of cunent board of health compensation in order to move Medical Officers' of Health and Associate Medical Officers' of Health compensation into the ranges specified in the 2008 OMA Physician Services Agreement. Contact: Petra Wolfbeiss, Senior Policy Advisor, email: pwolfbeiss@amo.on.ca; phone: 416-971- 9856 ext. 329. DZ Energy lssues Update The Board received an update on the Regulations and other recent decisions related to the Green Energy and Green Economy Act, 2009. The Ontario Government listened to AMO and amended the regulations to accommodate municipal concerns. The amendments ensure municipalities are consulted prior to the government approving applications, stringent setbacks are in place for certain projects, and municipalities will be compensated for increased costs. The five of the recently announcedlen Sfeps to Green Energy that are pertinent to municipalities are the transmission upgrades, feed-in tariff program, renewable energy approval, the creation of the renewable energy facilitation office, and the municipal renewable energy compensation program. More details about these initiatives are in AMO Alert 09/066 from September 28. AMO will continue to evaluate pertinent regulations as they are developed and will bring recommendations forward. Contact: Scott Vokey, Energy Services Coordinator, email: svokev@amo.on.ca; phone: 416-971- 9856 ext. 357. uun¡c¡par¡11:îîä'li:fi ^Ho F-E tJJJ 2-3 Correspondence dated October 15, 22, 27 and 28, 2009 from As... Page 32 of 405 MEMBER GOMMUNIGATION 200 University Ave, Suite 801 Toronto, ON MsH 3C6 Tel.: (416) 971-98s0 | Fax (416) 971-6191 E-mail: amo@amo.on.ca ALERT No: 09/071 To the attention of the Clerk and CouncÍl October 22,2009 FOR MORE INFORMATION CONTACT: Darcy Higgins, Policy Advisor (416) 97r-9856 ext 315 l-E HJJ B¡ll 168, Violence & Harassment in the Workplace lssue: Bill 168, the Occupational Health & Safety Amendment Act (Violence & Harassment in the Workplace), was debated and passed second read¡ng on October 20 by the Legislative Assembly of Ontario. lt has been deferred to the Standing Committee on Social Policy. Background: The Billwill require all employers ¡n Ontario with five employees or more to develop policies regarding workplace violence and harassment in order to reduce their occurrence. The Bill's intention is to clarify the Occupational Health and Safety Act and to add more certainty to it, by mandating that employers take every reasonable precaution to protect a worker from health and safety issues in the workplace, including violence. The Ministry of Labour will provide employers with templates, guidelines and checklists that will assist them in understanding obligations and expectations with regards to policies and programs. The Bill provides for the right of an employee to refuse work on the basis of workplace violence. lt does however, limit this ability in the case of police, fire, corrections, ambulance, homes for the aged and health sectors, if there are inherent risks to the job, or, for example, if leaving a situation could put someone else in danger. The transit sector is not included in this limitation. Action: AMO will monitor the progress of the Bill and notify members when it is brought to the Standing Committee on Social Policy, for those municipalities interested in submitting comment. AMO will make a formal submission to the Committee as well. This information is available in the Policy /ssues section of the AMO website at www.amo.on.ca. m unic¡par¡t¡4l:i?äi?:fi Allo1-1 Correspondence dated October 15, 22, 27 and 28, 2009 from As... Page 33 of 405 MEMBER COMMUNICATION 200 University Ave, Suite 801 Toronto, ON MsH 3C6 Tel.: (416) 971-9856 | Fax (416) 971-6191 E-mail: amo@amo.on.ca ALERT No: 09/072 To the attention of the Clerk and Council October 22,2009 FOR MORE INFORMATION GONTAGT: MatthewWilson, AMO Senior Policy Advisor (416) 971-9856 ext. 323 þ-trrilJ Minister of Finance Delivers Fall Economic Statement lssue: Today the Honourable Dwight Duncan, Minister of Finance delivered the 2009 Ontario Economic Outlook and Fiscal Review. Quick Summary: The provincial government is now projecting a$24.7 billion deficit for 2009-10. This is a significant increase over prev¡ous government estimates including one ¡ssued just last month at $18.5 billion. This highlights the significant econom¡c challenges Ontario currently faces. ln future years, deficits of $24.7 billion in 2010-11 and $19.4 billion in 2011-12 are projected. The Minister announced that the government would be conducting, "a rigourous strategic spend¡ng revier¡y''focusing on government programs and serv¡ces. The spending review will be conducted in the coming months with a detailed plan announced as part of the 2010 Budget. The review will include all provincial agencies, boards, and commissions. In addition, the government will work with broader public sector partners to improve efficiency and effectiveness. The priorities of the government will remain the sustainability of job creation, health care and education. This economic outlook underscores the importance of the outcpmes achieved for municipalities during the Provincial-Municipal Fiscal and Service Delivery Review announced last year. Ontario Drug Benefits were fully uploaded by the province in 2008. Administration costs for the Ontario Disability Support Program (ODSP) were fully uploaded this year and in 2010,90% of ODSP benefits will be provincially funded and the Ontario Works benefit upload (3%) will commence. ln addition, the Ontario Municipal Partnership Fund (OMPF) social programs component will continue to respond to changing social assistance costs throughout this period. These uploads will benefit municipalities and local property taxpayers for years to come. This information is available in the Policy /ssues section of the AMO website at www.amo.on.ca. + 1-1 uun¡cipar¡ä!:î?äiT:fi allo Correspondence dated October 15, 22, 27 and 28, 2009 from As... Page 34 of 405 MEMBER COMMUNICATION 200 Universig Ave, Suíte 801 Toronto, ON MsH 3C6 Tel.: (416) 971-9856 | Fax: (416) 971-6191 E-mail: amo@amo.on.cer ALERT No: 09/073 To the attention of the Clerk and Council October 27,2009 FOR MORE INFORMATION CONTAGT: Petra Wolfreiss , AMO Senior Policy Advisor (416) 971-9856 ext 329 þrr EJJ AMO Applauds Government for Moving Forward on the lmplementation of Early Learning and Ch¡ld Gare in Ontario lssue: The Premier announced today how the government will move forward on implementing the recommendations for a high quality system of early learning and child care in Ontario contained in the Early Learning Advisor's Report released earlier this year. Background: ln November 2007, the Premier of Ontario announced the appointment of Dr. Charles Pascal to the position of Early Leaming Advisor and asked him "to recommend the best way to implement full-day learning for four- and five-year-olds". Dr. Pascal's Report; With our Best Future in Mind: lmplementing Early Learning in Ontario contains 20 recommendations on implementing an integrated system of early learning and child care for 0 to 12 year olds beginning in 2010. ln short, the report calls for a new provincially funded, school-based system of early learning and child care for four and five year olds. Ghildren under four years of age would continue to be served in the municipally managed system. The report contends that by removing four and five years olds from the municipal system, the existing resources in that system would be used to better serve children under four, with the hope of increasing access to child care for families with young children. Today's announcement focused on moving fonrvard with a phased implementation of moving four and five year olds into the school system beginning in September 2010 with full implementation commencing in 2015116. The first phase will see 35,000 four and five year olds move into the education system. lnformation on which schools will be included in the first phase of implementation will be provided at a later date. 1-2 uunic¡pa,¡âl:ïJåii:;li aHo Correspondence dated October 15, 22, 27 and 28, 2009 from As... Page 35 of 405 The government's commitment to moving forward on the recommendations of the Early Learning Advisor is an important first step in addressing the child care pressures in Ontario. Moving towards a school based system for four and five year olds will ensure high quality and adequately funded early learning for this group. The commitment also recognizes that investment in children is an investment in our future prosperity. Municipalities are expected to play a key role in the transitional impacts related to child care. AMO's goal is to ensure that opportunities for the child care system serving children under four remains stable and responsive to local needs. This good news story highlights the importance of all orders of government committing to the child care and early learning needs of our families and children. At this time, the federal government is scheduled to eliminate $64 million in child care funding for Ontario's municipalities as of March 31,2010. As mandated providers of child care services, Ontario's municipal governments believe that the federal government must fix its cut of the approximately $64 million in federal child care funding. Municipal governments should not be put in the position of having to eliminate child care spaces with the elimination of these funds and Ontario's families should not be put in a position of struggling to find high quality early learning and care for their children. Action: AMO looks forward to working with the Province to make the most of this opportunity and help ensure the process is as smooth as possible for children, their parents and municipal governments who are child care providers. This information is available in the Policy /ssues section of the AMO website at www.amo.on.ca. Mun¡cipariî::îîäii:."i aHo l-tr tåJJ 2-2 Correspondence dated October 15, 22, 27 and 28, 2009 from As... Page 36 of 405 MEMBER COMMUNICATION 200 UniversityAve, Suíte 801 Toronto, ON MsH 3Co Tel.: (416)971-9856 | Fax (416) 971-619'l E-mail: amo@amo.on.ca ALERT No: 09/074 To the attention of the Clerk and Council October 27,2009 FOR MORE INFORMATION CONTAGT: Matthew Wilson, AMO Senior Policy Advisor (416) 971-9856 ext. 323 þ-ffi HJ -JGood Government B¡ll Proposes Municipal Election Changes lssue: Today the Honourable Chris Bentley, Attorney General introduced a bill which would amend lhe Municipal Elections Acf, 1996. Quick Summary: After each mun¡cipal election, the provincial government rev¡ews the Act which governs the conduct of elections to determine any changes to improve the administration of elections. The govemment has completed its review and proposes a number of changes to existing election practices. Proposed changes include: Date Change - The legislation would move the election date forward to the fouÍh Monday of October. The next municipal election would be held on October 25,2010. Campaign Financing - Campaign surpluses in future elections would go to the municipality. Existing surpluses could be used by candidates for the election of 2010 only. Fundraising limits would be increased from 70 cents per elector to 85 cents. The bill would establish new contribution limits of $5,000 per contributor in each jurisdiction in addition to the existing limit of $750 per candidate. The proposal provides for more detailed reporting requirements of election expenses for all campaigns. In addition, municipal clerks would make allfinancial filings available in electronic format. Compliance Audits and Financial Accountability - Responsibility for Compliance Audits would be shifted from Councils to an arms-length Compliance Committees of 3-7 citizens appointed by all Councils. This would replace the current system in which Council's may appoint or delegate such duties. Accessibility - The proposed changes would have regard for the needs of disabled voters and candidates. Voters List - The change would permit municipalities and MPAC to use additional sources of personal information to improve the accuracy of the voters list. For more information regarding these and other proposals contained in the Good Government Bill, please visit the Ministry of MunicipalAffairs and Housing's website. AMO's detailed review of the bill will continue. This information is available in the Policy /ssues secfr'on of the AMO website at www.amo.on.ca. uunic¡par¡îl:îîäii:,ei ^Ho1-1 Correspondence dated October 15, 22, 27 and 28, 2009 from As... Page 37 of 405 200 UniversityAve, Suite 801 Toronto, ON MsH 3C6 Tel.: (416) 971-9856 | Fax (416) 971-6191 E-mail: amo@amo.on.ca MEMBER COMMUNICATION ALERT No: 09/075 To the attention of the clerk and council FoRMoRE lNFoRMArloN coNrACr: october 28,2oos lüåTiîii8üi:itYr" senior PoricvAdvisor Waste Diversion Act Review Issue: The Minister of the Environment has released the strategy on the Waste Diversion Act Review. Background: Last week, AMO's Alert advised that the province was set to release the diversion strategy - "Report on the Waste Díversion Act Revíevl'. The report was released today and contains all the key issues identified in AMO's earlier ALERT, such as: o The waste diversion strategy proposes 100% Extended Producer Responsibility (EPR). It intends to identify materials, targets and timelines to meet the targets. o lndividual producers will be responsible for divefting the waste and provided the flexibility in how they meet this responsibility. There will be requirements for regular reporting and accountability measures including penalties for those who fail to meet their requirements. . The framework will also recognize a broader range of processes and technologies on material recovery including Energy from Waste Facilities. o The strategy identifTes the need to clarify roles and responsibilities of all participants including the govemance structure and mandate of Waste Diversion Ontario (WDO). . The strategy also speaks to the review of the Blue Box and transitional planning of this plan to full EPR, including municipal investments, consumer accessibility and service standards. AMO, the MWA (formerly AMRC) Waste Task Force and our two respective Boards of Directors will respond to the government's paper. We will also be keeping members apprised of issues as they arise and will be seeking support as we develop the municipal positions. The Ministry release and full report can be viewed at http://www.ebr.qov.on.calERS-WEB- Action: FYI uun¡c¡pa¡äl:îiäii:fi AHO l-tr l.JJJ 1-2 Correspondence dated October 15, 22, 27 and 28, 2009 from As... Page 38 of 405 This information is available in the Policy lssues section of the AMO website at www.amo.on.ca.l'-E EJJ 2-2 Mun¡c¡par¡î::ïJäii:-"i allo Correspondence dated October 15, 22, 27 and 28, 2009 from As... Page 39 of 405 t4o-ì- Octnúer 2A09 2 -il I f -t-(a' Eyes on the Road and Hands on the Wheel Ontorio's ban on cell phorrs ond ofher hond-lreld electronic devicæ will come into effecl Octobcr 26É., 2æ9. This Þgislotion is obout keepitg ot¡r roods sofc. Sofe dríving requires undivided ottention. Prohibited while driving will be: - Use of hond-held wircless communicstions devices (cell phones ond Blockberries); - Texting or e-moiling; - Use of hond-held electronic entertoinment devices (iPods; ÀÂP3 plcyers; 6omeBoys); - Víewing displcy scrcens on devices unrclqled to driving (hptop computers or DVD plcyers). Therc will þ o 3-month worning priod,until Februory 1"r,2010 - however, onyone who chooses to put others ot risk by drivitg whiþ distrocted con sl¡ll be chorged with Cqreless or Donçrous Driving - or both. OtfiP Coverage for PET scons EfÍective October ld, Positron Enission Tomogrophy (PET) sconning is now o publicly insured heolth service. Patients with certoin npæ of concet,os well os lhose who ore candidotøs Íor herrt surgery,will be eligible for PET scons, which detecfs obnormol tissues be'tter thon MRf or CT scons. Th¿ governrnent has been studying theeÍfeù on potient outcotnes for sevenyqts. For further informotion on OHIP coveßtge of PET scons visif: www.heqhh. gov.o n.co./enloublic/oubl icof ions/ohio/o€t.os¡x Better Health for Brampton The Central West Local Health fntegration Neturork (IHIN) will prcsent hlghlights of the new fntegrated Health Service Plant which outlines plans to ¡mprove aocess to health care sewices for the next 3 yearc (2010 - 2013). lhey are seek¡ng your feedback. Date: October2Tr2OO9 Time: 7:OO pm - 9:OO pm Location: Snelgrcve Community Gentre, 11692 Hurontario Street Call 1-866-370-5446, ext. 2OO To reserve your seat. For more information, visit www.centralwestlhin.on.ca. Correspondence from Linda Jeffrey, MPP Brampton-Springdale r... Page 40 of 405 ¡-f -!{ -u :) ,\L' t)r--l .F{ l-Jì F\-{¡\I\'qJ . t-.{ -1HH F{ =) \lt-r .un ,-L{ ôÐt-tJ d ?L-.{+J H Oaoñer 2N9 - Qage 2 Ontqrío ûlíníster of Revenue ín Brompton On Wcûrcsdoy, Octúce 2l*,lhe Hon. John Wilkinçon, Minister of Revenue, will þ th¿ keynote speoker ot o brcokfost, hosted W 77ß Brunpton Board of Trade. He will speok on Ontorio's Comprehensive To< Pockage, os prcsenfed in the 2009 Budçt. The brcokfost will be held ot the Courtyord By lylorríott (90 Bisccyne Cresænt), beginniry ot 7:(þ om. For mon¿ informotion ond 1o purchose tickets, pleose visit the Brompton Boord of Trqde's website ot: wuru.brqmptonbot.com. Free Math Ttrtoring Homework Help is enpanding its online pilot project in the Region of Peel. Ttre Ministry of Eclucation offers real-time math tutoring for Grade 7 to 1O Math students, by certified Onta¡io teachers. Students can log in from Sunday to Thursday, 5:30 pm to 9:30 pm for 20 hours a week of one-on-one confidential math tutoring. Shrdents will also lind audio, video and other math resources on the website. The pilot project is being delivered by Independent Learning Centre: www.homeworkhelp.ilc.org. Ontario Ombudsman The Ontario Ombudsman investigatæ public complaints about the Onta¡io governmen! and conducts investigations on important issues about government services. I recentþ received a review of the complaints received from Brampton Springdale, in 2008-2009, which I would liketo share with you. There were atotalof 32 complaints and the top four Minishies were: r Minisüy of Community & Social Services 5. Ministry of Communþ Safety and Conectional Services 9. Minisby of Health and Img-Te¡m Care 5¡ Ministry of t¿bour 5 All complaints to the Ornbudsman a¡e confidential and ûee of charge. You can complain by phone, by using the complaint forms on the website, by e-mail, letter, fa¿ or in person (appoinünent required for walk-in complaints). For more information and all contact information visit: www.ombudsman,on,ca lÞ{rrrr.nltr¡ht5 !uC¡*¡r rtai¡l www'serv¡ceontfirio-se Constiluency OfÍice 380 BovairdDrive, Unit 13, Brampton, ON, L6Z 2S7 Fax: (905) 495-1041 www.lindajeffrey.ca Tel: (905)495-8030 TTY: (90s)4954310 Correspondence from Linda Jeffrey, MPP Brampton-Springdale r... Page 41 of 405 ffi:x\ Onr¡,nro PnovrNcr¡,r Porrcr PoucE PRovINcIALE DE t'ONtnnto Nnws Rrrmsn/ Coutr,tuNleuÉ FROM/DE:ELGIN COUNTY OPP DATE: 14 October 2009 Operation lmpact a Memorable lnitiative (AURORA) -. The Ontario Provincial Police (OPP) Operation lmpact, which began Friday morninç and ended Monday night, resulted in a significant reduction in deaths on OPP-patrolled roads. ln 2008, eleven people died in crashes on OPP patrolled roads during the same period. This year only one person lost their life. "l am extremely pleased with what we witnessed on Ontario roads this weekend," OPP Commissioner Julian Fantino said. "The cooperation of the public and the commitment of our officers resulted in only one life being lost, although even one life lost is too many." The one person who was killed this weekend struck an OPP vehicle conducting a stop along Hwy 401 in the Napanee area. The stationary vehicle was rear ended by the passing motorist. The OPP used both its own aircraft and a rental plane to patrol highways all weekend. The aircraft worked with officers on the ground to lay 376 charges as well as identify a vehicle driving erratically which resulted in a driver being charged for impaired driving. "The Aircraft Enforcement Program has been very successful this summer," Chief Superintendent Bill Grodzinski, Commander of the Highway Safety Division said. "We have been able to move it and a second, rental aircraft, to different parts of the province and patrol areas where before we've had to depend solely on ground enforcement." Yesterday also marked the end of the nation-wide Operation lmpact, an enforcement-driven initiative by police services across the country designed to increase public compliance with safe driving measures and ultimately, to save lives and make Canada's highways the world's safest by 2010. OPP officers checked 145,071vehicles, charged 7,155 people with speeding, 657 with non-seatbe or child restraint use, laid 187 drinking and driving charges and handed out 113 three-day suspensions. This year to date, the OPP is continuing to see a decline in the number of fatalities on OPP- patrolled roads with a reduction of 6.2 percent overthe same period last year (242vs.258 in 2008, Speed-related fatalities are down 34.1 per cent (56 vs. 85), alcohol-related deaths are down 31.3 per cent (33 vs. 48) and deaths where non-seatbelt use was a factor are down 23.4 per cent (49 vs 64). -30- News Release dated October 14, 2009 from Ontario Provincial ... Page 42 of 405 l._i .j 1.. i '' ûi. ¡il !q''ì¡r;: Detach ment Com mander'ö "" Report ELGIN GROUP Police Services Board June - August 2OO9 Detachment commanders Report "lE4ce[ïence in wfr,at we [o, IntegriQ in wño we øre" Rian CoX Inspe ctor - 4)ctacfinrcnL 0ommand'er Elgin Group Police Services Board June - August 2009 Detachm... Page 43 of 405 Elgin County O.P.P. 42696 John Wise Line St Thornas, Ontario N5P 339 'l-cl: (519) 631-1920 Fa.'t: (5 l9 6i I -2923 Septemb et 23, 2009 MEMORANDUM Elgin Group Police Services Board 450 Sunset Drive St. Thomas, Ontario N5R 641 Attention: Mr. Ghairman, and Police Service Board Members I am pleased to present the June - August 2009 Detachment Commanders Report. This report includes three sections: . General information UPdate . Business Plan Gommitments & lnitiatives . Financial RePorts 17yø'w Cù'p lnspector Detachment Commander Elgin County OPP 2 Elgin Group Police Services Board June - August 2009 Detachm... Page 44 of 405 ¡l Alan Hack / Lynn Neale Fatal Motor Vehicle Collision Tragically, Provincial Constable Alan Hack was fatally injured in a motor vehicle collision on July 6th, 2009, Provincial Constable Lynn Neale received serious injuries in the same occurrence. On behalf of the all Elgin County Detachment members, I wish to express my sincere appreciation to all board staff for your support during this very tough bereavement period. The first of four police memorials, the Canadian Police Memorial, will be held September 27,2009, at Parliament Hill in Ottawa. Alan Hack will be one of three police officers to have their names added to the Honor Roll. A large number of Alan Hack's family will be present along with me and approximately eight Elgin County OPP officers, staff and their spouses. Constable Lynn Neale was released from hospital care on September l Bth and will be continuing her rehabilitation from her home. The province's Special lnvestigation Unit has completed its investigation and has determined no charges will be laid in conjuction with this investigation. The OPP's Professional Standards Branch is in the process of completing an internal investigation. Staffinq Constable Stephan Marath was transferred to Elgin County detachment from Haldimand Detachment on September I ,2009. Stephan Marath served previously as an Elgin County OPP Auxiliary officer. Probationary Constables Martin Webster and Jeremy Kulwartian, reported to Elgin County Detachment on September Btr'. Martin Webster served as a member of Scotland Yard in Great Britain prior to joining Elgin County OPP. 3 Elgin Group Police Services Board June - August 2009 Detachm... Page 45 of 405 tlllonth 20(E ææ Janmry 270 109 Fehmry 272 113 Marcfr æ4 1n April 240 136 Mar 312 2æ June 301 384 Julv 351 363 Aucnrs æ5 Seotember 28 Odober 215 No¿ember 216 Decernber 110 Year to Date 3114 1431 Auxiliarv Patrol Hours Business Plan lnitiatives and Commitments General lncidents 2008 & 2009 4 Month Elqin Group Area Provincial Area Totals 2008 2009 2008 2009 2008 2009 January 657 788 149 179 806 967 February 666 638 192 122 858 760 March 591 601 149 106 740 707 April 730 676 164 104 894 780 May 820 771 181 127 1001 898 June 959 746 150 136 1109 882 July 996 886 165 121 1161 1007 August 904 862 173 131 1077 993 September 846 161 906 October 783 149 932 November 683 164 847 December 694 133 827 Totals 9329 5968 1930 1026 ttl58 6994 Elgin Group Police Services Board June - August 2009 Detachm... Page 46 of 405 Break and Enter lncidents 2008/2009 Motor Vehicle Collisions Actual lncidents lncidents Cleared Month 2008 2009 2008 2009 Januarv 20 13 1 0 Februarv 15 8 o 0 March 16 16 I 1 Aoril 16 10 1 0 Mav I 16 1 0 June 16 I 0 0 Julv 18 16 3 2 Auqust 22 19 3 0 Seotember 21 I October 11 0 November 16 0 December I 1 Totals 188 107 12 3 Motor Vehicle Collisions Elgin County 2008/2009 Property Damaoe Personal lniurv Fatalities Total Deer Collisions Month 2008 2009 2008 2009 2008 2009 2008 2009 2008 2009 January 77 85 '13 I 0 1 B9 95 24 21 Februarv 73 4B 10 I 0 0 81 57 24 13 March 56 34 I 7 0 0 65 41 22 16 Aoril 52 43 11 I 1 0 53 52 17 16 Mav 45 53 12 12 0 1 59 66 23 17 June 54 44 o 6 1 I 61 5'l 23 15 Julv JO 42 11 B 1 ,l 48 51 7 11 Auoust 42 35 12 I 0 0 54 44 11 7 Seotember 39 12 1 52 15 October 69 14 0 83 38 November B6 B ¿96 34 December 98 12 1 111 23 Total 727 384 130 69 7 4 837 457 261 116 Elgin Group Police Services Board June - August 2009 Detachm... Page 47 of 405 Deer- Motor Vehicle Collisions Elgin Gounty 2008/2009 By Township Bavl tam Malahide Central Elsin South wold Dutton/Dunwich West Eloin Total Month 2008 2009 2008 2009 2008 2009 2008 2009 2008 2009 2008 2009 2008 2009 lanuarv 5 3 4 1 I 6 4 5 1 4 2 2 24 21 February 2 0 0 1 I 7 3 1 I 3 2 I 24 13 March 2 5 2 2 3 4 4 I 9 3 2 1 22 16 April 0 4 0 2 I 4 1 2 4 2 4 2 17 tô Mav 0 tr 3 2 6 2 6 5 3 1 5 1 23 17 June 2 0 5 2 o 5 4 1 1 5 5 2 23 15 July I 2 3 0 0 2 1 2 0 3 2 2 7 11 August 0 I 3 2 6 0 1 3 0 0 1 I 11 7 3eptember 3 3 4 I 2 2 t5 October 4 7 7 10 5 5 38 November 3 3 I 4 4 2 24 Decembel 5 3 5 5 1 3 22 Total 27 21 36 12 70 30 u 20 38 21 35 12 250 116 Wings and Wheels Air Show June 20-21 The Wings and Wheels Air show was held on June 20 - 21, 2009 at the St. Thomas Airpoft. On Sunday June 21"t, a very large crowd attended, causing tremendous traffic problems. Event organizers were unable to utilize the majority of identified fields for parking due to rain. The volume of traffic was so high, officers were unable to eflectively direct the traffic. This resulted in numerous complaints from the public because many people were unable to find sufficient parking places for their vehicles. Further details will be disclosed at the upcoming board meeting. 6 Elgin Group Police Services Board June - August 2009 Detachm... Page 48 of 405 FINANCIAL REPORTS The following tables are included: . Municipal Contract Statistics - Hours of Service Table . OPP Municipal Policing - Detachment Revenue Report ¡ Criminal Records Checks Summary Report Contract Hours of Service 2009 Month Minimum Reouired Received Exceeded Overtime Hours Januarv 5121.05 6254.75 1133.7 511.25 Februarv 5121.05 5260.25 139.2 608.25 March 5121.05 5683.5 562.45 588.5 April 5121.05 6084.25 963,2 609.75 Mav 5121.05 5941.52 820.47 814.5 June 5121.05 5733 611.95 679.25 Julv 5121.05 541 I 296,95 904.5 Auqust 5121.05 5842.25 721.2 585 Seotember October November December Year to Date 40968.4 46217.52 5249.12 5301 Elgin Group Police Services Board June - August 2009 Detachm... Page 49 of 405 OPP Municipal Policinq - Detachment Revenue Report Month Total Revenues Gollected January $2.911.50 February s2,976.25 March $4.154.00 Aoril s4.o23.75 Mav $3,810.75 June s3.389.50 July $2,581.25 Auqust s4.456.50 Seotember October November December Year To Date Total $28,303.50 Soeed Siqn Update The speed sign awarded to Elgin County Detachment from the Civil Remedies Program Grant was delivered to the detachment in late August. I thank all members of the board for attending the media presentation on September 7th with MPP Steve Peters and myself and have attached copies of some articles from the local media. The speed sign will be used on a regular basis, with Constable Troy Carlson developing a protocol to manage the utilization of the sign. He will provide training to community policing committee members and municipal employees where applicable' B Griminal Record Checks 2009 Jan Feb Mar Apr May Jun Jul Aug Sept Oct Nov Dec Total Vulnerable Screening 161 144 112 120 168 259 84 119 1167 Regular 14 26 38 50 23 37 32 44 264 Total 175 170 150 170 19r 296 1r6 163 0 0 0 0 1431 Elgin Group Police Services Board June - August 2009 Detachm... Page 50 of 405 lnsurance I have acquired insurance which will cover the speed sign from any damage through vandalism or collision for the speed sign and request the board assume responsibility for the cost of this policy. The policy covers all risk to property with Aviva lnsurance Company for the above noted trailer is as follows: Value $25,925Rate .5811100 of value Annual Premium $151 plus 8o/o TaxDeductible $1,000 Liability is automatically covered under the Province's master general liability program at no additional cost. R.l.D.E. Grant To date, $6,401 of the awarded $14,006.14 has been utilized. The remaining funds will be used to conduct R.l.D.E programs from Thanksgiving weekend through the festive season. Month Dollar Spent Number of Rides Municipality Mav $1,37s.26 1 Bayham June 0 July $1,675.50 I West Eloin Aug $3,351.00 2 Bayham Sept 0 Oct 1 Floatinq Nov 1 N/A Dec Jan Feb $6,401.76 Approx Amount Allocated $14,006.16 Amount Soent $6,401.76 Total Left $7,604.40 Rlan CoX lnspector Elgin County Detachment I Elgin Group Police Services Board June - August 2009 Detachm... Page 51 of 405 Elgin Group Police Services Board June - August 2009 Detachm... Page 52 of 405 5' Txe Onrrnro AecReclre ResouRces ConpoRATtoN 1001 CrnrvrplArN AvE. SurrE 103, BURLINGToN, ON L7L 524 nrto{d fr Ter: (905) 319-7424 Tot-l- FRee: l-866-308-6272 Fnx: (905) 319-7423 . t\-www.toarc.com M Þ{ October 8,2009 Attention: Clerk/ChiefAdministrativeOfficer Dear Sir or Madam: Re: On behalf of the Board of Directors, I enclose for your information, the 2008 Annual Report of The Ontario Aggregate Resources Corporation. The Ontario Aggregate Resources Corporation (TOARC) was created in 1997 to act as Trustee for the Aggregate Resources Trust which carries out many functions formerly undertaken by the Ministry of Natural Resources, including the collection of aggregate licence fees and the disbursement of those monies to municipal government. The enclosed report includes a detailed account of the Corporation's financial affairs for 2008, as well as information on various rehabilitation and research initiatives undertaken through the MAAP program as part of the Trust purposes. I hope you enjoy the 2008 Annual Report and encourage you to circulate it among members of your council. Additional copies are available by calling our office. Yours truly, President Correspondence dated October 8, 2009 from The Ontario Aggreg... Page 53 of 405 ffi CHAIRMAN'S MESSAGE f I ( i t ¿ f ( t t t t ( ! The Ontarìo Aggregate Resources Corporation (TOARC) clisbursed aggregate resource fees in 2O0B totaling $20 4 million dollars, This dramatic increase in fees over previous years results from two things; the extension of the Aggregate Resources Act over private lands in more areas of Ontario "' " a// of Muskoka and Parry Sound districts and Halibutlon County; and parts of Algoma, tVrprssing, Sudbury, Manitoulin and Thunder Bay districts as well as parTs of Renfrew, Peterborough, Hastings' Frontenac, and Lennox and Addington counties" and a near doubling of most fees, The fees disbursed in 2008 (based on 2OO7 production) were divided amongst designated recipients as follows: As reported by the TOARC Chairman in this space last year, the extension of the ARA into more areas of the Province has resulted in an additional 1OO5 new licences (751 licensees) for TOARC to manage. Forlunately, our redesigned data base platform has allowed us to do so with relative ease. To fudher ensure the integrity of our data management systems, TOARC is undedaking to secure our existing paper files in a digital format' That work is expected to be completed by year end and provide another layer of security to our information systems against a catastrophic event such as fire. As a result of the geographical extension of the ARA, many more former aggregate sites (now deemed to be abandoned) are eligible for assistance under the MAAP program That assistance' namely the rehabilitation of the property, is undertaken by MAAP at no cost to lhe land owner. Sites are selected on a priority basis and work cannot be undertaken without the consent of the propedy owner, The first step in preparing to address abandoned sites in the newly designated areas was the underlaking of an inventory to allow for the establishment of priorities The Ontario Geological Survey (the OGS), a group very experienced in this type of work' was engaged to complete this undertaking in three phases (2009 being the second phase) As part of the inventory, the OGS collects information on the size of the disturbance' topographic setting and the extent of vegetative cover, potential safety and other concerns as well as environmental conditions A complete digital, photographic record is made of the site' and its location ancl extent are recorded with a GPS unit, It is of interest to note that a preliminary assessment of the 2008 work area revealed 646 possible sites (through aerial photographs and other means). However, after lhe detailed site visits were completed it was found that 258 of the noted sites were disturbed for some reason other than aggregate extraction Preliminary work in 2OO9 is finding that trend to be even more pronounced Over this past year MAAP staff have undedaken a comprehensive review and upgrade to existing abandoned pit (abandoned by defìnition) inventory files, These original inventories were conducted over ten years ago and not always to the same standard con- sistentwithrecentinventories.Weknow(throughfieldexperìence) that many of the site disturbances were not always the result of t t t Local municiPalities Counties & regions MAAP program Province (from licence fees) Province (royalties & permit fees) ($ MlLLloN) 9.7 2.4 a 5.7 1.8 \¡ The increase in fees is meant to provide more resources to the Ministry of Natural Resources (IVNR) for greater oversight of the Aggregate Resources Act and improved service to licensees and Permittees. È Correspondence dated October 8, 2009 from The Ontario Aggreg... Page 54 of 405 J MAAP e)draction or have simply disappeared for a number of possible reasons; they have reverted to another use, they have been rehabilitated by the property owner, have been licenced as a new pit or have naturalized on their own. Files are now better organlzed with a new numbering system and are easily available to staff iñ á ' digital format. As a corollary, the overhaul of our digital database of abandoned pits and quarries has provided us enough accurate data to proceed with the construct¡on of a G.l.S. database (Geographic lnformation System). This database will pinpoint the locations of the sites on aerial photos, and will allow us to create maps of abandoned sites in a variety of formats. ln addition to improving underlying information systems, the MMP program-successfully rehabilitated 29 abandoned aggregate propedies in 2008, a record number. The work also resulted in one of the broadest spectrums of rehabilitation techniques ever used on MAAP projects including many forms of forest, tallgrass prairie, riparian, wetland, and agricultural rehabilitation. Because planting trees on former aggregate sites is typically more difficult than undisturbed land, the MAAP program has been experimenting with many different species, sizes, and techniques to learn the best methods of establishing native trees and shrubs.- ln the past 2 years, the MAAP program has successfully planted almost 20,000 trees, many of which were on the Niagara Escarpment. Tallgrass prairie species continue to be a priority for MAAP due to their potential for slope stabilization as well as their impodance to wildlife habitat. The MAAP program continues to experiment with seedi¡g techniques, as well as planting wildflower and grass plugs for many different important species that were once abundant in Ontario. Annual monitoring of these and other rehabilitation sites is ongoing to document which specìes and techniques are most applicable for aggregate rehabilitation sites. The release of the document "Best Practice Guidelines for Aggregate Rehabilitation Projects" was a great success. The MAAP program has presented this document at several events, and has recently received funding from the OMNR to continue their work to implement some 'in the ground' restoration projects that vVill target rare and endangered species associated with tallgrass prairies. The MAAP program has also staded experiments using fungal root colonies (called mycelium) and organic material (i.e. wood chips) to stabilize eroding banks and to rebuild the organic soil layers on some abandoned sites. lf successful, this technique could be used in certain situations as an alternative to importing topsoil. As our readers know, the work of TOARC is funded from the earnings on the orìginal money provided by the aggregate industry (a portion of security deposits) while the work of the MAAP program is funded by a portion of the annual licence fee paid by aggregate producers ($0.OOs per tonne), and short term earnings thereon. The recent shocks to the world economy have adversely affected earnings in the bond and equity markets and the current low interest rate environment has seve¡ely stressed earnings on shorl term funds. As a result, Trust assets experienced a 15.4 o/o decline at the end of 2008 over year end 2007. While a drop in asset values is not welcomed news, the porlfolio performance was relatively good compared to the performance of many balanced funds and the Trust assets are still in a very positive position relative to the value of the fund at coinmencement. The Board continues lo monitor the fund's pedormance closely and as a long term investor the Board is confident that Trust funds will return to prior levels, Finally, I would liké to welcome Mr. Bruce Semkowski to our Board (replacing Mr. Dick Pipe) and Ms. Carrie Hayward (replacing Mr. Ray Bonenberg). Both Dick and Ray were great contributors to the work of the Board and their efforts were greatly appreciated. Respectfully submitted, Chairman of the Board Correspondence dated October 8, 2009 from The Ontario Aggreg... Page 55 of 405 Haniltry of ilunlclpal Âfialrs snd llourlng Oñip sf &e MinistÊr 7IlAay StrEê!. l7ù Floor TorootoOlrl M5'G 285 l-ei, 416 585 7û0O Fax 4t6 585 647$ www.rylôarùl^csÀ\dÂFl t¡ni3tårÉdes AltallEs mun¡dF¡léå ctdu LogemÊflt 8urÊeu dLJ mir¡¡Btre r¡7, rue Bay, t/ Étage Trronto ON MsG eÊ5 Té1. 416 585 7û0û Téléo, 4tß 58å 8170 wrr¡w.onlario,calU.ÊH October 19,2009 To: All Municipal Heads of Cou*c¡l The provincial governrnent ¡s strengthaning Oiltar¡o's oornmunåtiês by helping prepare young edulis for leadership rotes in lccal government through ils coatinued investment !n the Ontailo Municipel lnterrrshiB Program (Ml P)" Now in its third yêar, this sufÆessfulinìtiative prov¡des talented räcerìt untversíty graduates wilh hands-on m mun¡c¡Pal opëratsuperu¡sicn er or dasignate' gradu€tes h Posltions in rnunÍ three interns have aÐcepted Chief Administrative Officer pûs¡t¡Gns in the municipal sector- W¡th 4.û pÉr cent of sen¡ff munioipfll staff projected to retire within the next ten yeãrs, mumcipålities must act today to ensure the long-term health of Ontarie's oommurìåties. The Frovince has partnered with the Assoctation of Murticipal Managers, Clerks and Treasurers ot Or¡tario (AMCTO) on the MIP to addrese the critical need to attrâct and tra¡n the nçxt generation of eompetent, well-rounded municipat loaders. The MIP provides 50 per c€nt fund¡ng - up to $2S,OOû per intern - to participating municipalíties to suþsidize intenn saiaries. Additionlly, up to $5,00û per intern is provided for ongoing traininQ ând other ancillary expense$. ln the curtent economic climate, the opportunity tc ãttrâc{ tafented, high-functioning slaff at a ffact¡on of market cost prov¡des signÉficant return on invesfnent. The Province Ís supporting the 2O1S-20I1 MIP wilh conlÍnr¡ed fundlng toward the salaries and expenses of five interns. Additionally, we are working with AMTTO to bring new spÕn$ùrs ún bcãrd to increase the nu.ûber of interns taking part;n tha program during the upcoming year' lt is the goal of the program to include díverse work experience for the intems, includíng geográphic size, location and popu[at¡çn of the placement munictpalilies. I weicome the opportunity to provide continuing support to lhe MIP tù advance cur sharêd interest in attracting new, Frofess¡onât staff to careers in tt¡e municipal seclor, assísting with succession planning, and supporting strong, sustaineble Ontario municipalìties- I wuuld like to eneourage your mrrrl¡cipatity to leam more aÞout the intern program and how it nrey benefil your organization. For mcre information en tht program and how to applylo pariìcipale ar a hosi municipality, please visit th€ M¡n¡stry's website ãt þt{,4n#.on¡a rio"ca}mah anú cllck on Local Govemrnent, gr visít www.atncto.com. 0+3577 Minister Correspondence dated October 19, 2009 from Ministry of Munic... Page 56 of 405 Ministry of Energy and Ministry of Northern Development,Infrastructure Mines and Forestry Ontario Grow{h Secretariat 777 Bav-s!:: -4lJl-o9l 99 wellesley st. west, whitney Block Toronto ON MsG 2E5 Toronto Oñ MZA 1W3Tel; 416325-1210 Tet: 416927-0693Fax 416 325-7403 Fax 416 327-0665www.olacestoorow.ca www.mndmf.gov.on.ca October 23,2OOg Today the Ontario Government refeased lhe Proposed Growth Plan for Northern Ontario, under the authority of the Places to Grow Act, 2005. The proposed Growth Plan brings together the building blocks needed to prepare the region for shifts in the economy by growing Northern opportun¡t¡es, strengthening its workforce, and enhanc¡ng northerners' qual¡ty of life. The 25-year plan proposes policies, programs and actions, and calls on governments and their northem partners to real¡ze a shared vision. Key actions include: o Maximizing the econom¡c benefit of increased mineral exploration and product¡on and strengthening the mineral industry clustero Strengthening partnerships among colleges, universities and industry to support research, and to educate and tra¡n northerners for careers ¡n grow¡ng fieldso Building a new relationship with Aboriginal people to increase participation in the future economic growth of Northern Ontario and achieve better health status for aboriginal communities. Developing complete networks to support stronger commun¡ties such as an inter-regional transportation network, enhanced broadband serv¡ce, and a broader transmission network to increase capacity for renewable energy development. Greating regional economic zones to help communities plan collaboratively for their economic, labour market, infrastructure, land-use, cultural and population needs. Encouraging development and use of green technologies and demonstrating leadership in green building, and water and energy conservation. The document can be accessed on the Places to Grow web site at: www.placestogrow.ca. We welcome your feedback on the Proposed Growth Plan. lf you have any comments or questions or would like to receive a hard copy of the paper, please contact us at northernorowtholan@ontario.ca or call us toll- free at 1-866-479-9781. Please send your comments and feedback on the Plan by February 1,2010. Correspondence dated October 23, 2009 from Ministry of Energ... Page 57 of 405 I,q.NADIAN MUSEUMS ASS O CTATION dtEffifrltræffi CMA appears before House of Commons Finance Committee during pre-budget consultations Ottawa, October 27, 2OOg - On October 26t', CMA executive director, John McAvity appeared before the House of Commons Standing Gommittee on Finance to make recommendations pertaining to Canada's museum and heritage sector during the committee's pre-budget consultations. The Commons finance committee has been engaged in pre-budget consultations throughout the fall, hearing from Canadians in cities across the country as well as in Ottawa. Appearing before the committee affords individuals and organizations an important opportunity to communicate key messages directly to its members, who are members of Parliament from all political parties. Many organizations put in an application to be heard by the committee; a comparative few actually get to appear. The CMA also submitted a written brief to the committee. To read the brief. click here. ln his presentation to the finance committee, John McAvity made two recommendations: 1. that the Museums Assistance Program (MAP) - administered by the Department of Canadian Heritage and currently being reviewed - be updated to reflect the context in which Canada's museums operate today by creating a new Collections Access Program, with an annual budget of $20 million, increased from the current budget of $6.7 million. 2. that the federal government invest $25 million annually in a five-year initiative, the Canadians Supporting Their Museums Fund, to encourage greater private sector contributions (individual and corporate) to Canadian museums. c(lÀ1M 1¡ l'i I rlU lì Correspondence dated October 27, 2009 from Canadian Museums ... Page 58 of 405 To: Heads of Gouncit i ' C: Municipal Clerks A b¡ll introduced in the Ontario Legislature today includes proposed reforms in a number of areas of interest to municipalities, including proposed changes to the Municipal Elections Act, 1996, the Municipal Act, 2001, and the City of Toronto Act,2006. Municipal Elections We are proposing changes to the Municipal Elections Act, 1996 in the following areas: . Moving the election date forward to the fourth Monday of October, beginning October 25, 2010.. Promoting greater accessibility to the election process for voters and candidates with disabilities.. lmproving the accuracy of the voters' list.. Bringing greater transparency to the voting process by requiring voter identification.. Glarifying campaign finance rules and supporting a more level playing field for candidates.. Creating a new contribution limit of $5,000 per contributor in each jurisdiction, in addition to the existing limit of $750 per candidate.. Eliminating the carrying forward of surplus campaign funds by candidates from one election to the next (existing surplus will be grandfathered for use in the 2010 campaign).. Strengthening the compliance and enforcement regime though firm deadlines for submitting financial statements and harmonized penalties. Other Reforms Proposed changes to the Municipal Act, 2001 and City of Toronto Act, 2006 fall into the areas of finance and accountability and transparency: . Clarifying that a municipal Auditor General's functions are to be carried out in an independent manner.. Providing greater flexibility by reducing and streamlining prescriptive financial process requirements (e.9. the removal of deadlines for certain tax policy decisions).. Revoking all municipal restructuring orders signed prior to January 2, 2005, except for provisions in orders that still have effect. (This would not undo any restructuring implemented by any of the affected municipal restructuring orders) Correspondence from Ministry of Municipal Affairs and Housin... Page 59 of 405 . Changing regulation making authority for municipal services corporations established by municipalities. Proposed regulatory amendments would allow municipal services corporations to put in place corporate structures and subsidiaries. These legislative and regulatory amendments are aimed at increasing municipalities' economic competitiveness, innovation, economic readiness and flexibility in meeting their needs. Should your municipality have any additional questions, please feelfree to call (416) 585-7041 or visit the Ministry of Municipal Affairs and Housing website. Leam more about the proposed Good Govemment Act. Correspondence from Ministry of Municipal Affairs and Housin... Page 60 of 405 Predictable. Long-Term. Sustainable. Transfer of Federal Gas Tax Revenues underthe New Dealfor Cities and Communities an¿ Transfer of Federal Public Transit Funds AFIO Annual Expenditure Report 2008 (Part 1) Association of Municipalities of Ontario Correspondence from Association of Municipalities of Ontario... Page 61 of 405 Table of Contents PART I About the Federal Gas Tax Fund .... Compliance lntroduction to Reports Energy Retrofit Case Study 12 Audit Requirements Eligible Recipient Requirements Commu n ications ........................ 2008 AMO Federal Gas Tax Fund Project Awards 17 Federal Public Transit Funds Agreement Program Status 22 El igible Recipient Requirements ......................22 22 Federal GasTax Fund:2008 MunicipalAggregate Annual Expenditure Report ....................24 Federal Publictansit Funds: 2008 AMO Year End Balance .....:..................... ...........25 Federal PublicTransit Funds:2008 Municipal Aggregate Annual Expenditure Report .....................,......,'.26 PART ll (Available at www.amo.on.ca) Compliance and FinancialAudit Statements, FederalGasTax Fund .............. .......................4 1-5 2005 to 2009 Federal Gas Tax Fund Allocations Federal GasTax Fund Project Summary ...... Compliance and Fina ncia I Audit Statements, Public Tra nsit Funds Financial Staternents FederalGasTax Fund:2008 AMOYear End Balance ....................... B 1 -1 0 ....................c 1 -1 64 Association of Municipalities of Ontario Annual Expenditure Report 2008 Correspondence from Association of Municipalities of Ontario... Page 62 of 405 Township of Malahide Information Notice Agri-lndustrial Park lnformation The Township of Malahide is proposing the creation of an Agri-lndustrial park to be located just east of Springfield. This area was identified in the 1998 Official Plan as the primary growth area for the Township. lt is the Township's intent that industries locating in this Agri-lndustrial park will support and compliment the Township's agricultural nature. lt is not intended to be related to traditional manufacturing or compete with urban industrial areas. It is the Township's desire that this Agri-lndustrial park will allow our farming community to attract and retain value-added agricultural enterpríses such as food processors or green energy. It is the Township's intent to work collaboratively with the County of Elgin's Economic Development Deparlment to develop this Agri-lndustrial Park. Presently, there are only approximately 27 acres of serviced, municipal owned industrial land in the entire County, and available'construction-ready' industrial land is required to attract business. The recent closure of the Tobacco processing plant, and the resulting loss of tax assessment, has resulted in a loss of revenue for the Township. This means that all other ratepayers have experienced a tax increase in order to compensate for the lost revenue. The decline of local automotive-related industry has also had a significant negative impact on the region. Local employment opportunities are required in order to ensure long-term sustainability. The Township of Malahide is predominantly a mix of rural agriculture and hamlet residential uses. Agricultural uses represent one of the Township's most significant economic and community assets. However, with farmland representing the bulk of our tax base, the tax burden to those agricultural operations is significant. ln order to reduce the pressure on the farmland and residential tax rate, the Township, like other municipalities, towns and cities needs to diversify and increase its industrial and commercial tax base. . 4 acres of farmland currently generates approximately $70.00 annual taxation revenue for the TownshiP. . 4 acres of land, containing an industrial building worth approximately $5,000,000.00 may generate almost $80,000.00 annual taxation revenue for the Township - this could represent as much as a 2o/o tax levy. êtþ nfl ftL-h Information Notice from Township of Malahide regarding "Agri... Page 63 of 405 Waterline lnformation ln order to establish the proposed Agri-industrial Park, the Provincial Policy Statement mandates it be serviced with a municipal supply of water. A municipal supply of water will also satisfy fire safety protection requirements as set out in the Ontario Building and Fire Codes. . ïhe first step in the process to supply water is the completion of the Municipal Class EnvironmentalAssessment (EA) This public process will identify and evaluate the various alternative solutions and a report will be created recommending the preferred route for the water transmission main and other technical details required to service the proposed Agrí-lndustrial Park. This process is currently undenruay. . lt is the Township's intent to seek grant fundíng to assist with the costs of constructing this water transmission main. The EA should be completed prior to submitting a grant application. . Landowners who are adjacent to this water transmission main wíll be provided the opportunity to connect to the transmíssion main once it is constructed. This connection cost is presently unknown. The present waterline proposal does not provide for a water distribution system throughout the Village of Springfield. Any future installation of such a water distribution system throughout the Village would be done under Ontario Regulation 119/03, Local lmprovement Charges. This legislation enables landowners to petition the Township for a water distribution system and provides how costs of the distribution system will be allocated to benefiting landowners. Mayor and Council TOWNSHIP OF MALAHIDE €iz John Street South Aylmer, Ontario N5H 2C3 519-773-5344 Information Notice from Township of Malahide regarding "Agri... Page 64 of 405 0ct.29, 2009 12:48PMl County of Elsin J No, 4206 P, 2/3 âta ElgrnCounty October 27,2009 Honourable Steve Peters, M.P.P, Elgin-Middlesex-London 542 Talbot Street St. Thomas, Ontario N5P 1C4 Dear Mr, Peters: The Council of the County of Elgin is writing to request your support of a "smart moratorium" for disputed school closures. Earlier this year, the Community Schools Alliance was formed by municipal leaders from across this province who were frustrated by the negative impact that school closures were having on their community's social-economic fabric and the lack of meaningful consultation for these decisions. In response to this issue, the Cornrnunity Schools Alliance united municiþalities across Ontario behind the common cause of obtaining a "smart moratorium" on disputed school closures. The goal of the "smart moratorium" is to provide time for the Ministry, school boards and rnunicipalities to work together to develop policies addressing issues such as planning for declining enrolments, a rnutually agreed upon Accommodation Review Comrniftee (ARC) process, a review of funding to rural and small communíty schools and establishing a working relationship between rnunicipalities and school boards that provides transparency and accountability. The members of the Community Schools Alliance knowthat the current system for deterrnining which schools stay open and which schools are closed is a flawed process and schbol boards aro closing schools, amalgamating schools, transporting students out of their community, and buildíng new schools without reviewing the impact of these decisions on our communities. As a result, municipalities across Ontario have become frustrated by the ARC process and the impact these decisions are having on sustainable municipal growth and rnunicipal planning. ,,.2 County of Elgln Adn|lnts(râllve servlcês 450 Sunset Díve $, Tnomae,0n NsR 5v1 Phone: 519.63f"1460 w\{w.É léinøuñtf 0n.Câ Correspondence dated October 27, 2009 from Elgin County rega... Page 65 of 405 0ct,29, 2009 12:4BPM County of Elsin Honourable Steve Peters, M.P.P. Elgin-Midd lesex-London -z- l{o,4206 P, 3/3 October 27,2009 Council encourages you to stand with the parents, students and municipal leaders from across this province that support a "srnart moratorium" for disputed school closures. Please encourage Minister Wynne and your party leader to learn more about the goals of the CSA and to support a "smad rnoratorium" before we lose more of our vital public education infrastructure in Ontario. A forrnal replywould be gratefully appreciated. cc: Premier Dalton McGuinty Hon, Kathleen Wynne Tim Hudak, M.P.P. Andrea Horwath, M.P,P. Community Schools Alliance Elgin's Municipal Partners Chief Administrative Officer, Correspondence dated October 27, 2009 from Elgin County rega... Page 66 of 405 Thc Corporation of thc City of North Bay 200 Mchúyrc St, East P.O. tsox 360 North Ba¡ Ontario Canada PIB 8l-18 Office of thc Mayor Direct l,ine: (705)474-0626, extension 2517 Direct Fax: (705) 4?44925 TollFree: l-800-465-1882 Email: mavor@.citvofnonhbay.ca . Mayor to Mayor Campaign launched in Buy American Battle The City of North Bay is asking Mayors across Ontario to take the Buy American battle directly to their U.S. counterparts. The Government of the United States, in its effort to provide an infrastructure stimulus package, has placed Buy American requirements for conbacts using stimulus funds, which undermines the intent and spirit of free trade that has existed between Canada and the United States for decades. The City of North Bay would like to thank all the Mayors across Canada, especially Mayot Rick Bonnette of Halton Hills, for their leadership in this battle. Now, North Bay Mayor Victor Fedeli is asking fellow Ontæio Mayon to join him in taking the issue directly to the Mayors of U.S. cities where they are making large purchases. The thrust of the campaign is to remind U,S. Mayors that the purchases made by Canadian municþalities have helped their cities survive through the recession. Unfortunately, the same U.S. cities can't purchase Canadian good and services with their stimulus money, due to the Buy American provision. Mayor Fedeli has been writing to U.S. Mayors and receiving great response from them - they all seem to feel that the Buy American provision was meant fo¡ China and India, not Canada. They are passing Council motions to wite to their Senators and Members of Congress to exclude Canada from the ¡estrictions, Our own Embassy in Washington w¡ote "I commend your letters ... your effort is most powerflrl ... I hope other Canadian Mayors will emulate you and tell their story". Please join in our letter-wrÍting campaign. Go to http:/lwww.cityofnorthbav.calcitvhall/otrTr/bqyamericancampaign,asp for everything you need to get yow letters underway. Please feel free to contact me if you want a little experienced help! Thanks in advance to all who are joining us by writing letter. Regards, Mayor Victor Fedeli City of North Bay Corespondence from the City of North Bay regarding "Mayor to... Page 67 of 405 0ct.28, 2009 9:434M County of Elein ELGIN 450 Sunset Drive St. Thomas, Ontario N5R No,4187 P, 3/3 GROUP POLICE SERVIGES BOARD Chair Tom lVlarks Tel. 519-631-1460 Ext. 161 Fax 519-633-7661 Res. 51 9-631 -821 3 October 1,2009 Honourable Steve Peters, M.P.P. Elgin-Middlesex-London 542 Talbot Stréet St, Thomas, Onüario N5P 1C4 Dear Mr. Peters, Subject Desisnat¡nq the Bridoo at FuÌnival Road and H¡qhwav 401 As you are aware, Constable Alan Hack died in the line of duty this past July and a monument in his memory would be a fitting tribute to his many contributions to both his professional and his public life in Elgin. Accordingly, The Elgin Group Police Services Board is interested in pursuing the designàtion of the bridge at Furnival Road and Highway 401 as the Alan Hack memorialbridge. The Board would greatly appreciate your assistance in seeking this designation on its behalf. Tom Marks, Chair, Elgin Group Police Services Board. cc: Elgín County Council Elgin Detachment of the OPP Mun icipality of Dutton/Du nwich Municipality of \A/est Elgin Mínistry of TransPortation Mr, Clayton Watters 5V1 Munlolpalíty of Bayham Munlcipallty of CentralElgin Municipality of Dutton/Dunwich Municipality of West Elgln Townshlp of Malahlde Township of Southwold Copy of correspondence dated October 1, 2009 from Elgin Grou... Page 68 of 405 0ct,28, 2009 9:434M County of Elein ElgrnClounty October 23,2009 Honourable Steve Peters, M,P.P. Elgin-Midd f esex-London 542 Talbot Street St. Thomas, Ontario NsP 1C4 Dear Mr. Peters: The Gouncil of the Corporation of the County of Elgin adopted the foflowing resolution at its meetìng held on October 20,20O0: "THAT Gounty Councilsupport the designation of the bridge at Furnival Road and Highway #401 in the memory of Constable Alan Hack- - Carried Unanimously. . (signed) Warden Graham Wanruick" The members of County.Council are pleased to have the opportunity to support such a fitting tribute to Constable Alan Hack's memory. For ease of reference, the initiating request from the Police Servíces Board is attached. Yours Chief Administrative Officer. Attachment ec: Elgin Detachment of the OPP Elgin Group Pofice Services Board All Local Municípal Partners N0,4187 P, 2/3 Coqnt/ ot Elgln Ädmlnl6trEtlv€ sorvlcsE ¿50 Suns'eÈ Drivô SLThomEe.on NSRSVI Phonê: 519Ê31-1460 wvñv.el4n€unly.0n.cE ProÊ,ressive by Nature Copy of correspondence dated October 1, 2009 from Elgin Grou... Page 69 of 405 Mlnistry of M¡nistèrê des Municipal Aflairs Aflaires municlpales and llous¡ng et du Logement Ministry of Mlnistère des Consumer Services Services aux c¡nsommateufs Oflice of the Depug Minister Bureau du sous-min¡stre TI7 Bay Street, 17h Floor Tn, rue Bay, 1/ étage Toronto ON MsG 2E5 Toronto ON MSG 2E5 ,, -: i',ì Tel. (416)585-7100 Té1. (416)58s-7100 ., Í, i i . l Fax (416) 585-7211 Télec. (416) 585-7211 : 'ì ^ i" ' .: "i :' l' rli , t ¡. '; 1-.i , o9-3s92î , i:rl¡.i October 22,2009 /b l\:j!, .í : ì i 1 ..ì;':!Ê:.lj i:l;r-'i' : ,,: :, , ti; ,.;ì i liir,l:,! Memorandum lo: School Principals - Please forward to Grade 5 and 10 Teachers, Heads of Council, CAOs, Clerks, and Clerk-Treasurers From: Fareed Amin Deputy Minister of MunicipalAfiairs and Housing Subject: Local Government Week Local Government Week was launched the week of October 18-24, but activities can occur throughout the year. This is an excellent opportunity for students, educators and municipal¡ties across Ontario to engage one another on how their communities work! Your support of this program is what continues to build its success. Teachers can contact their municipal clerk to see if the municipality has something planned that classes and students can get involved in. For municipalities, contact schools to invite them to partic¡pate or arrange a visit to classes. Visit the website www.amcto.com wherc you can: . register as a participant, and share your thoughts and ideas about Local Government activities;r download free copies of the Teacher and Municipal Resource Guides;. read what teachers from schools in various communities and municipalities did to part¡cipate in last year's event;r leam about activities and events you can organize;¡ contact your local media about Local Government Week events in your communities - view media template. We are continually looking for ways to grow and promote the program. lf you have any suggestions or questions please contact mreadman@amcto.com or cyndy.love-minns@ontario.ca. Thank you very much for your support of this initiative and for continuing to do a great job educating our children and providing leadership in your municipalities. c: Ms. Cyndie Jacobs, Director, Ontario Teachers Federation Mr. Frank Kelly, Executive Director, Council of Directors of Education Mr. Andy Koopmans, Executive Director, AMCTO Ms. Pat Vanini, Executive Director, AMO Correspondence dated October 22, 2009 from Ministry of Munic... Page 70 of 405 fi/b COUNTY COUNCIL Tuesday, September 15, 2009 The Elgin County Council met this day at the Administration Building, at 9:02 a.m., in accordãnce with adjournment, with ali members present except Sylvia Hofhuis (ill)' Warden Warwick in the Chair. Moved by Councillor MclntYre Seconded by Councillor Habkirk THAT the minutes of the meeting held on July 28, 2009 be adopted' - Carried. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF - None. PRESENTATIONS Warden Wan¡vick presented a certificate and gift to Suzanne Edwards to recognize her retirement from the County of Elgin afÍer 2l years of service' Warden Wan¡vick also noted the retirements of Marjorie Jackson after 27 years of service, Nora Parish, 31 years of service and Arthur skinner, 19 years of service. DELEGATIONS: Respite Bed Allocations: Julie Girard of South West LHIN, MaryLynn Priestap and Sandra Coleman of the Community Care Access Centre attended at9l.11a.m. to discuss the respite bed situation in Elgin County. Ms. Girard noted that respite beds offer a place for home caregivers to place loved ones for a short stay which provides temporary relief for the home caregiver. As a result of their presentation both South West LHIN and CCAC recommended a redistribution of the beds currently in place in Elgin County homes. This recommendation would result in the reduction of one secure bed at Bobier Villa, the increase of one secure bed at Elgin Manor and preferably the addition of two private beds or male and female semi-private, non-secure beds at Terrace Lodge. Moved by Councillor Habkirk Seconded by Gouncillor Wilson THAT the information provided by south west LHIN be received and filed. - Carried. Warden Wan¡rick thanked the delegation for their remarks and noted he was encouraged to see South West LHIN taking rural areas into account to accommodate the situation. The delegation left at 9:23 a.m. Elqin Elder Abuse Resource Committee: Shìrley Biro, Chair of the Education Committee of Elgin Elder Abuse Resource Committee attended atg:24 a.m. Ms. Biro explained the Committee's commitment to work together to combat Elder Abuse through public education, training of service providers, the pulling together of experts on challeñging cases and education through the press. The_average.of thóse sufferinö trom elder abuée is in the range of 4 to 10o/o of adults. ln Elgin County this means that 12¡0 older adults are subject to abuse each year. Elgin Elder Abuse has a senior support worker paid through the Trillium grant and New Horizons grant' The delegation'wanted County Counıil to be aware of the fact that elder abuse is an issue in Elgin County and that there is a local elder abuse number available. All calls are Elgin County Council minutes of meeting held September 15, 2... Page 71 of 405 County Council 2 September 15, 2009 anonymous and confidential. The delegation would also like CounÇ Councilto consider, in future planning, what role they may play towards this Committee's support worker. CCAC also spoke about their role and partnership with the Elgin Elder Abuse Resource Committee. Moved by Councillor Marks Seconded by Councillor Acre THAT the information provided by the Elgin Elder Abuse Resource Committee be received and filed. - Carried. The Warden thanked the delegation for their attendance and the delegation left at 9:36 a.m. Bryce Sibbick of Frank Cowan attended at 9:36 a.m. to discuss municipal liability insurance. Mr. Sibbick noted that awards for injuries have increased dramatically across the province but that Elgin's claims experience was comparatively better than many others. Mr. Sibbick provided an overview of the insurance coverage that the County of Elgin currently has. Council discussed the merits of tendering versus the current policy which utilizes a renewal option within defined parameters. The Chief Administrative Officer noted that Council always maintains the option to tender as it must approve the premium each year. Moved by Councillor Wilson Seconded by Councillor Marks THAT Frank Cowan lnsurance Company be selected to provide General lnsurance and Risk Management Program commencing November 15, 2009 to November 14,2010 al their proposed annual premium of $251,934 plus applicable taxes, with an option to renew up to including an additional 1 year term provided that the premium increase does not exceed 10% of the previous years' insurance program, exclusive of any program changes; and, THAT the Warden and the Chief Administrative Offìcer be directed and authorized to enter into an agreement for the Provision of General lnsurance and Risk Management Program. - Carried. Warden Wanruick thanked the delegation, and he left at 9:53 a.m. Council took a break at 9:54 a.m. and reconvened at 10:28 a.m. Lauren Millier, Millier Dickson Blais lnc. and Anya Codack, Yfactor lnc. attended at 10:30 a.m. to present the Tourism Development Strategy and Marketing Plan. Moved by Councillor Marks Seconded by Councillor Mennill THAT County Council endorse the "Tourism Development Strategy and Marketing Plan" as presented in the September 1"t, 2009 report; and, THAT those recommendations from the "Tourism Development Strategy and Marketing Plan" that have financial and/or resource implications for the County of Elgin be considered through County Council's budgetary process. - Carried Unanimously. Warden Warwick thanked the delegation and they left at 10:55 a.m. Moved by Councíllor Mclntyre Seconded by Councillor Vowel THAT we do now move into Committee Of The Whole Council. - Carried. Elgin County Council minutes of meeting held September 15, 2... Page 72 of 405 , County Council 3 September'ls, 2009 . REPORTS Moved by Councillor Marks Seconded by Councillor Wilson THAT the services of Yfactor lnc. be retained for the purposes of re-developing the County of Elgin's website for tourism services at an initial fee of $50,000 with funds drawn from the Government of Canada's Community Adjustment Fund; and, THAT the County Solicitor be authorized to develop a contract renewable on an annual basis with Yfactòr lnc. addressing provisions such as cancellation clauses, ownership of information and migration costs. - Carried UnanimouslY. Moved by Councillor Acre Seconded by Councillor Mclntyre THAT the annual report on activities of Tillsonburg Memorial Hospital presented by Councillor Acre be received and filed. - Carried. Moved by Councillor Marks Seconded by Councillor Wilson THAT the annual report on activities of St. Thomas-Elgin Public Art Centre be received and filed. - Carried. Warden's Banquet - Gouncillor Marks & Gouncillor Mennill Moved by Councillor Mennill Seconded by Councillor Marks THAT the annual Warden's Banquet be held at the Elgin lnternational Club in Rodney on Friday, November 6, 2009, with the social hour beginning at 5:30 p.m. and the Banquet commencing at 6:30 p.m.; and, THAT the charge for each purchased ticket be set at $20.00 to cover the cost of the meal, taxes and gratuities; and further, THAT County Councillors and Officials dress in standard Council attire. - Carried. Elqin-St. Thomas Public Health - Gouncillor Wilson Warden Warwick requested total staffing numbers and said staffs titles/roles. Councillor Wilson agreed to provide the information requested. Moved by Councillor Wilson Seconded by Councillor Habkirk THAT the annual report on activities of Elgin-St. Thomas Public Health Unit presented by Councillor Wilson be received and filed. - Carried. Elgin County Council minutes of meeting held September 15, 2... Page 73 of 405 County Council 4 September 15, 2OOg Gommunitv Acliustment Funcl Approved Proiect - Director of Gommunitv ancl Gultural Services Moved by Councillor Marks Seconded by Councillor Vowel THAT the Warden and Chief Administrative Officer be authorized to enter into a funding agreement with the Government of Canada under the Community Adjustment Fund with a federal contribution of $245,000; and, THAT the Warden issue a letter of appreciation to the federal Minister of lndustry and MP Joe Preston. - Carried. Moved by Councillor Mclntyre Seconded by Councillor Acre THAT the County of Elgin provides an upset limit of $1,000 to be drawn from the Economic Development budget to support "An Evening of Trash Talkin"' as described in the August 31"t report. - Carried. and Gultural Services Moved by Councillor Marks Seconded by Councillor Wilson THAT the Elgin County Council Policies Manual be updated to eliminate any restrictions on travel outsíde the Province of Ontario; and, THAT staff receive the approval of the Chief Administrative Officer to attend any meetings or convention outside the Province of Ontario; and, THAT staff bring an annual report to Council in November of each year beginning in 2010 summarizing staff and Council attendance at meetings and conventions outside the Province of Ontario; and, THAT in those rare and exceptional occasions where travel and/or attendance has the potentialto exceed amounts allocated in the County's annual operating budget, such travel and/or attendance be approved by County Council prior to proceeding. - Carried Unanimously. Moved by Councillor Vowel Seconded by Councillor Mclntyre THAT Council hereby supports an application to the lnfrastructure Stimulus Fund for Not-for- Profit Entities in Ontario on behalf of the Elgin County Library in the amount of $780,000 to renovate the offices of the Elgin County Library and expand climate-controlled storage for the Elgin County Archives; and, THAT the County's contribution of $260,000 towards this project be drawn from Archives Reserve and the 20'10 capitalbudget. - Carried. Elgin County Council minutes of meeting held September 15, 2... Page 74 of 405 I County Council 5 September 15' 2009 Gultural Services Moved by Councillor Acre Seconded by Councillor Mennill THAT County Council hereby supports membership of the Elgin County Library in the Library Services Centre (LSC); and, THAT a letter requesting membership be issued by the Warden on behalf of Council; and, THAT the Director of Community and Cultural Services or staff designate be hereby authorized to act as the Elgin County Library's delegate to LSC. - Carried. Ghanqe of Thursdav Hours - Port Burwell Librarv - Director of Gommunitv and Cultural Services Moved by Councillor Acre Seconded by Councillor Mclntyre THAT the hours of operation at the Fred Bodsworth Public Library of Port Burwell be adjusted by one additional hour, 2:30 p.m. to 8:00 p.m. effective Òctober 1s, 2OOg. - Carried. Emerald Ash Borer (EABI Update - Tree Commissioner Moved by Councillor Marks Seconded by Councillor Wilson THAT a letter of concern be written to The Canadian Food lnspection Agency (CFIA) and to the Federal Minister of Agriculture with regard to lack of consultation on changes to the Emerald Ash Borer (EAB) policy; and, THAT to include in the letter questions with regard to CFIA's change in EAB policy and question what resources are now available to control the spread of EAB within Elgin County; and, THAT the request be made that Senior CFIA Staff attend a meeting of Elgin County Council to explain the rationale behind changes to EAB regulations. - Carried. Polícv 10.130 - Emplovee Recoqnition - Human Resources Assistant Moved by Councillor Acre Seconded by Councillor Habkirk THAT the removal of the gift from the brochure in Human Resources Policy 10.130 - Employee Recognition be approved. - Carried. Services Discussion of the various options and which is the best for the circumstances took place. Elgin County Council minutes of meeting held September 15, 2... Page 75 of 405 Countyoouncil6Septemberls'2oog Moved by Councilor Marks Seconded by Councilor Wilson THAT Option 3 (Removal of asphalt shingles and replace with a metal roof system, including roof ventilation and asphalt paper underlay) is adopted fol the replacement of the asphaft éhingles at Terrace Lodge at an estimated cost of $290,000.00, using the capital budget and reserves as required. - Carried. Services Moved by Councilor Acre Seconded by Councilor Habkirk THAT staff may award the tender for Guide Rail installation and Culvert Lining so long as the County's Purchasing Policy is followed, Iowest tenders are selected and within budget allocations. - Carried. Enqineerinq Services Moved by Councillor Habkirk Seconded by Councillor Mclntyre THAT a by-law be prepared to designate the signing authorities and to authorize the execution of the ISF Contribution Agreement with the Province of Ontario. - Carried. Moved by Councillor Mennill Seconded by Councillor Wilson THAT the report "Ambulance Vehicle Purchase" dated Augusf 25,2009 be deferred to enable Ambulance Services to comment on the options as between gasoline and diesel engines. - Carried. CORRESPONDENCE Items for Gonsideration L Suzanne Strasber, MD, President, Ontario MedicalAssociation seeking Council's support for provincial legislation that would require caloric labeling on menus at chain restaurants and school cafeterias. 2. Pamela Malott, CAO, Town of Amherstburg, with a resolution requesting the provincial government to continue consultation with Municipalities and the Solar lndustry to reach a fair property assessment valuation method. 3. Anne Kenny, Elgin Community Futures Development Corporation inviting County Council and Senior Staff to a Funding Partners Dinner on Thursday, October 22nd. 4. Sylvia Hofhuis, Mayor of the Municipality of Central Elgin requesting a leave of absence. Elgin County Council minutes of meeting held September 15, 2... Page 76 of 405 , County Council September 15, 2009 The following recommendations were adopted respecting Correspondence ltems #1 - 4: Moved by Gouncillor Habkirk Seconded by Councillor Mclntyre THAT the Corporation of the County of Elgin supports the Ontario Medical Association in their initiative for the provincial government to introduce new legislation that would require caloric labeling on menus at chain restaurants and school cafeterias across the province. and, THAT the Corporation of the County of Elgin supports the resolution from the Town of Amherstburg petitioning the provincial government to continue consultations with Municipalities and the Solar lndustry to reach a faír property assessment valuation method. and, THAT the Corporation of the County of Elgin acknowledges the invitation to County Council and Senior Staff to a Elgin Community Futures Development Corporation Funding Partners Dinner. and, THAT the Corporation of the County of Elgin accepts Mayor Sylvia Hofhuis's request for a leave of absence for an undisclosed length of time due to health reasons. - Carried. ltems for Information (Gonsent Aqenda) 1. Hon. Leona Dombrowsky, Minister of Agriculture, Food and RuralAffairs acknowledgíng Council's resolution supporting the funding and implementation of an Alternative Land Use Services (ALUS) program. 2. Dennis Travale, Chair, SCOR Executive Committee with 3rd quarterly update on SCOR activities. 3. Thank you card from the family of Norval "Bud" Preston. 4. Thank you card from the family of Janet Buchan (Elgin Manor). 5. James Mclntyre, Mayor, Township of Southwold, thanking J-AAR Excavating Ltd. for rescheduling Talbot Line road work during Rosy Rhubarb weekend. 6. Pat Palmer, Secretary, Elgin 4H Association thanking County Council for their annual donation. 7. Devern Chmarney, Secretary/Manager, Aylmer & East Elgin Agricultural Society thanking County Council for their continuing sponsorship of the Aylmer Fair. 8. Hon. John Gerretsen, Minister of the Environment acknowledging Council's resolution with regard to the proposed 550 metre minimum setback for wind turbines. 9. Bernie Corbett, Chairman, Haldimand County Disaster Relief Committee thanking the County of Elgin for the $250.00 contribution to their relief effort. 10. Jim Weir, Project Manager, Morrison Hershfield Limited, requesting comments or concerns regarding West Lorne Service Centre and Dutton Service Centre Redevelopment Project until September 29th, 2009. 11. Hon. Jim Watson, Minister of Municipal Affairs and Housing with an update on the Provincial-Municipal Fiscal and Service Delivery Review. 12. Article from September/October 2009 issue of Municipal Monitor titled Regional Municipality of Durham and the County of Elgin - lntermunicipal Partnership - Collection of Provincial Offences Act Defaulted Fines. Elgin County Council minutes of meeting held September 15, 2... Page 77 of 405 County Council I September 15,2009 ' '13. United Way of Elgin-St. Thomas 2009 Campaign Kick-off & Chili Cook-off information. 14. Hon. Deb Matthews, M.P.P., Minister of Children and Youth Services, speaking at St. Thomas Seniors Centre - Wednesday, October 14th on Ontario's Poverty Reduction Strategy. 15. Michael Garreft, Chair, Board of Directors, Ontario Clean Water Agency, announcing staffing changes. Moved by Councillor Habkirk Seconded by Councillor Marks THAT Correspondence ltems #1 - 15 be received and filed. - Carried. OTHER BUSINESS Statements/lnquiries bv Members A discussion took place, initiated by Councillor Mclntyre, regarding why the County has discontinued coordinating training for personnel involved in road maintenance? The Deputy Director of Engineering Services provided background and rationale to the satisfaction of Council, noting that the Association of Road Superintendents provides a host of training programs which can be specifically tailored to individual municipal requirements at a reasonable cost. Notice of Motion - None. Matters of Urgencv Councillor Wilson noted he has received many calls from upset parents of students from rural and urban areas for bus routes that have been changed this school year by the Thames Valley District School Board. Council agreed to discuss this item as a matter of urgency. Moved by Councillor Wilson Seconded by Councillor Acre WHEREAS the safe and reliable transportation of students throughout Elgin County is a major concern for all citizens; and, WHEREAS a myriad of problems and concerns have been brought to the attention of locally elected representatives and municipal officials; and, WHEREAS there is a sense of urgency to rectify these potentially unsafe and inconvenient situations presently occurring throughout EIgin's catchment area; NOW THEREFORE BE lT RESOLVED that the Council of the County of Elgin hereby strongly encourages the Thames Valley District School Board Trustees and administration to address these very troubling and potentially dangerous situations as expeditiously as possible. - Carried Unanimously. Council took a break at 12:34 p.m. and reconvened at 1:20 p.m. Moved by Councillor Vowel Seconded by Councillor Habkirk THAT we do proceed in a Closed Meeting al12:35 p.m. in accordance with the Municipal Act, in regards to; Section 240.2(b) personal matters about an identifiable individual, including municipal or local board employees - Appointments to Outside Boards. - Carried. Elgin County Council minutes of meeting held September 15, 2... Page 78 of 405 . County Council September 15, 2009 , Moved by Gouncillor Habkirk Seconded by Councillor Mclntyre THAT we do now rise without reporting. - Carried. Moved by Councillor Acre Seconded by Councillor Mennill THAT we do adopt the recommendations of the Committee Of The Whole Council. - Carried. BY.LAWS Moved by Councillor Wilson Seconded by Councillor Mennill THAT By-Law No. 09-25 "Being a By-Law to Authorize the County of Elgin to Enter a Funding Agreement with Her Majesty the Queen in Right of Ontario, as represented by the Minister of Municipal Affairs and Housing, respecting the lnfrastructure Stimulus Fund (lSF)" be read a first, second and third time and finally passed. - Carried. Moved by Councillor Wilson Seconded by Councillor Habkirk THAT By-Law No. 09-26 "Being a By-Law to Confirm the Proceedings of the Municipal Council of the Corporation of the County of Elgin at the September 15, 2009 Meeting" be read a first, second and third time and finally passed. - Carried. Moved by Councillor Mclntyre Seconded by Councillor Wilson THAT we do now adjourn at 1:54 p.m. to meet again on October 20,2009 at 9:00 a.m. - Carried. Mark G. McDonald, Chief Administrative Officer. Graham Warwick, Warden. Elgin County Council minutes of meeting held September 15, 2... Page 79 of 405 Elgin County Council minutes of meeting held September 15, 2... Page 80 of 405 0ct,28, 2009 9:104M October 26, 2009 For immediate release County of Elgin N0 4186 P, 2/2 Elgin County welcomes Susan McGonnell to administrative seru¡ces ST. THOMAS, ON - Susan McConnell, former political advísor and journalist, is the new administrative seryices coordinator for Elgin County, announced Chief Administrative Officer (CAO) Mark McDonald today. McConnell comes to the county from Ontario Minister of Labour Peter Fonseca's staff where she was the senior communications advisor. She first serued as an advisor to Elgin-Middlesex-London MP Steve Peters in his roles as Minister of Agriculture and Food, and Minister of Labour. Prior to prov¡nc¡al politics, she was a special assistant to former MP Gar Knutson (Elgin-Middlesex- London) who was the Secretary of State, Department of Foreign Affairs and lnternationaf Trade for Canada. Throughout her federal and provincial sefvice, she maintained her long-time residence in Port Stanley. "The County of Elgin is pleased to have Susan join our Progressive by Nature team," said McDonald. "She brings strong communications and strategic skills to the county." Past volunteer initiatives have included St, Thomas Communities in Bloom, Elgin Theatre Guild and the PoÉ Stanley Theatre Festival. McConnell has also been recognized for her marketing and writing expeÉise, Working closely with County Council and the CAO, she will play a key role in policy development and corporate comrnunications, -30- For further information contact: Mark McDonald Gh ief Administrative Officer mmcdon lad@elg in-county.on. ca 519-631-1460 x 105 Coun$ ol El$ln ¿50 Sunset Dívs St. Thomas. Onìario NSR 5V1 Cansda Phone: 519€31-1460 murv,el gin-couny.on.oa Proáresslve hy Natuto Correspondence dated October 26, 2009 from County of Elgin r... Page 81 of 405 BAYVALECFARMS LTD Ë ? *]Y'D R.R. 2, Vienna, oN 0 CT - 7 ?Û09 NOJ 1ZO (sts) 874-4148 Ml.lNlclFALlTY 0F ßAYHAM To the Council of the Municipality of Bayham To Kyle Kruger CAO of Municipality of Bayham To Lynda Millard Clerk of the Municipalþ of Bayham To Gerry LeMay Road Superintendent of the Municipality of Bayham October 5,2009 It is with interest that we read in the press and minutes of the Council meetings that you are going to define the road allowance boundaries between lot 12, concession 7 andLo|12, concession 2 for the purpose of excavating said road allowance to determine if any burials have taken place on said road allowance. According to records, this road allowance measures sixty six (66) feet in width. You have in your possession two (2) surveys that indicate property boundaries along said road allowance. You have survey #46 registered with the Registry office of Elgin registered on January 5'h, 1935. As well you have a copy of a survey dated Apn122,1973. Both are surveys of our propefty. Please insure that the road allowance boundaries are clearly delineated and that proper notice will be given to said property owner before any excavations are done in order to eliminate any trespass charges that could be a result of incomplete studies on your part. cc James R. Morgan Correspondence dated October 5, 2009 from Bayvale Farms Ltd.... Page 82 of 405 Ministry of Culture Culture Programs Unit Programs and Services Branch 400 University Avenue 4h floor Toronto, ON M7A 2Rg Telephone: (416) 314-5186 Facsimile: (416)314-7'175 Ministère de la Culture Unité des programmes culturels Direction des programmes et des seruices 400, avenue University 4u étage Toronto (ON) M7A 2RgTéléphone: (416) 314-5186Télécopieur: (416) 314-7175 October 19,2009 Mrs. Lynda Millard Clerk Municipality of Bayham 9344 Plank Road Box 160 Straffordville, ON NOJ 1Y0 Dear Mrs. Millard: Re: 2009-2010 Museums and Technology Fund File Number # 20091DDD257 5 IJT iJ I'l ! û I f ,å.1 tiY ll i: L¡it\r H,å I'i Thank you for your application for a grant under the Museums and Technology Fund. We have ass¡gned it the above file number, which should be referenced in all future communications. We will be reviewing your application over the next few months. lf we have any questions about the information that you have submitted, we will contact you for clarification. All grant requests eligible for consideration will be assessed based on the merit of the proposed projects, the objectives and priorities of the program, and the availability of funds. Upon completion of this review, you will be advised in writing of the status of your application. If your project is dependent on Ministry of Culture funding, you should not commence work and/or purchase goods and services until you have received the Minister's letter of approval. lf there are compelling reasons for starting the project after the date of this letter and before receipt of a decision from the Ministry, please be advised that you do so at your own risk. However, this will not disqualify the project from consideration. Please note that the Ministry reserves the right to make public the names of applicants, descriptions of proposed projects and, for approved projects, the amount of the grant approved. Should you require further assistance or clarification, please do not hesitate to contact me by telephone a|416-314-5186, or by e-mail at carol.law@ontario.ca, Yours sincerely, ms Adv sor Correspondence dated October 19, 2009 from Ministry of Cultu... Page 83 of 405 Brenda Gibbons Page I ofl L.l (-)'-l From: Jill Ostrowercha [Jill.Ostrowercha@norfolkcounty.ca] Sent: Wednesday, October 28,200910:59 AM To: Brenda Gibbons Subject: Winters Drain FYI - Please be advised that there were no appeals to Tribunal and the 3rd and final readings of provisional bylaw 2009-159 was passed at Council on Tues. October 27,2009. tiíl Ostrøwercfri, Ðrøittage Cferl Norfolk County Public Works & Environment¡al Services 183 Main Street of Delhi, Delhi, ON N4B 2M3 Phone: 51 9-582-21@ o¡ 519428-0020 Ext: 1 203 Fax: 5l 9-582-4571 E:Mail:üll.ostrowercha@nodolkcounty.ca Disclainer: This e-rnail and any attaclunents may contain personal information or information that is otherwise confidential- and it's intended for the exclusive use of the intended recipient. ff you are not the intended recipient, any use, disclosure or copying of any part of it is prohibited. Norfolk County accepts no liability for damage caused by any virus transmitted in this nessage. If this e-¡nail is received in error, please imnediately reply and delete or destroy any copies of it. The transmission of e-mails between an employee or agent of Norfolk County and a third party does not constitute a binding contract without the express r¡ritten cor¡sent of an authorized representative of The Corporation of NorfoLk County. t012912009 Correspondence dated October 28, 2009 from Norfolk County re... Page 84 of 405 BY-LAW NO.2009-159 OF The Corporøtion of Norþlk County BEING A BY-LA\Y TO PROVIDE FOR DR,A.INAGE WORKS IN THE CORPORATION OF NORFOLK COUNTY FOR THE \ryINTER DRAIN. AUTHORITY: The Drainage Act, R.S.Q. 1990, ChapterD.IT, Section 45(L),Form 6, Reg. 300i81. WHER.EAS the requisite number of owners have petitioned the Council of Norfolk County in accordance with the provisions of the Drainage Act, R.S.O. 1990, requesting that the following lands and roads be drained by a drainage works: Part of Lots I to 3, Concession N.L.R. and W.N.R. in the former Township of Houghton, now in Norfolk County and Lots 27 and 28, Concession I and 2 in the Municipality of Bayham. AND WHEREAS the Council of Norfolk County has procured a report made by Sprict Associates and the report is attached hereto as Schedule "4" and forming part of this By-Law; AND WHEREAS the estimated total cost of constructing the drainage work is $27,200.00;, AND WHEREAS the $ 2,748.00 is the amount to be contributed by Norfolk County for construction of the drainage works; AND WHEREAS $ 15,237.00 is being assessed to the landowners in the dlainage area in Norfolk County; AND WHEREAS $ 2,735.00 is the amount to be contributed by the Municipality of Bayham for the drainage rrr,orks; AND WHEREAS $ 6,480,00 is being a$sessed to the landowners in the drainage alea in the Municipality of Bayham; Correspondence dated October 28, 2009 from Norfolk County re... Page 85 of 405 BY-LAW 2oo9-1s9 -" " PAçB z or I AND WHEREAS the Cor¡ncil is of the opinion that the drainage of the area is desirablei NOW THEREFORE TIID COUNCIL OF THE CORPORATION OF NORFOLK COUNTY PURSUANT TO TIIE DRAINAGE ÄCT, R.S.O. 1990' CHAPTER D.17 IIEREBY ENACTS AS F'OLLOWS: 1, The report prepared by Spriet Associates dated May 8,2009 attached hereto as Schedule "4" and forming part of this By-Law is hereby adopted and the drainage works as therein indicated and set forth is hereby authorized and shall be completed in accordance therewith. The Corporation of Norfolk County may borrow on the credit of the Corporation the amount of $ 17,985.00 being the amount necessary for construction of the drainage works. {?} The Corporation may aûange for the issue of debentures on its behalf for the arnount borrowed less the total amount of (a) grants received under section 85 of the Act; (b) commuted payments made in respect of lands and roads assessed within the Municipality; (c) monies paid undel subsection 61(3) of the Act; and (d) monies assessed in and payable by another municipality, and such debentures shall be made payable within 5 years from the date of the debenture and shall bear intelest atarate not higher than the rate charged by The Ontario Municipal Improvement Corporation on the date of sale of such debentures. 3. A special equal annual rate sufficient to redeem the principal and interest on the debentures shall be levied upon the lands and roads as set forth in the attached Schedule I'8" to be collected in the same manner and at the same time as other taxes are oollected in each year for 5 years after passing of this By-Law. {, For paying the amount of $2,748.00, being the amount assessed upon the lands and roads belonging to or cootrolled by the municipality, a special rate suff,icient to pay the amount assessed plus interest thereon shall be levied upon the whole rateable property in Norfolk County in each year for 5 years after the passing of this By-Law to be collected in the same manner and at the same time as other taxes are collectecl. Correspondence dated October 28, 2009 from Norfolk County re... Page 86 of 405 5. All assessments of $50.00 or less are payable in the frrst year in which the assessment is imposed. 6, This By-Law comes into force and effect on the date of passage thereof and may be cited as the Winter Drain. First Reading: August 25,2Q09 Second Reading: ,A.ugust 25,2009 Provisionally adopted: .dugust25,2009 Third Reading: Enacted this: P,W.09-101 October 27, 2009 OcËober 27, zCog 'of Council Services Correspondence dated October 28, 2009 from Norfolk County re... Page 87 of 405 Schedule rBr to By-Iaw 2009-L59 Page l' of 2 SCHEDULE'C'-ASSESSMENT FOR CONSTRUCTION WINTER DR,AIN Norfolk CountY Job No, 207063 HECTARES --ç.oN. -*Lg-* {FESTE9-- : -BgtLIsJMffiå MAIN DRAIN . OPEN PORTION Norfolk çe(loly May B, 2009 BENEFIT OUTLET TOIAL- ..,,.,, r-=.-..Sr:'. --.....-..._--fl,ù- - WNR WNR WNR- WNR 'WNR WNR Pt. 1 Pt, 2 Pr. 2 Pt. 2 Pt. 2 Pt, 3 0.39 545-30-131 1H. & H' Blatr) 5.5 545-30-132 (R. & J. Butcher) 4.4 545-3G'134 (J. Butche0 0.81 545-30-133 (1. Ward & J' Berdan) 0.81 545-30-135 (R. & J' Butcher) 10.0 545-30-136 (M. & M. Kirwin) TOTAL ASSESSMENT ON ljNDS 1,0 CountY of Norfolk 03 Norfolk CountY TOTAL ASSESSMENT ON ROADS TOTAL ASSESSMENT ON MAIN DRAIN . CLOSED PORTION IN NORFOLK COUNTY ¡g:=!::¡9!==q=Í¡--=¿= Ê ;** FæÞ É :-â $ 5oo.oo g 2,225.00 $ 2,725'oo ,==gs=*-Eï€-Éã#Ë==æi:a=a-; s $ 55'oo $ 587.00 477.00 55.00 587.00 477.00 I 1 3.00 113.00 113.00 '113,00 880,00 1,380.00500.00 /z County Rd, No. 55 Lower Side Road ilÍdhl¡al¡¡yi!-ErYüan t Pt, 26 & 27 0'5 I PL 26e 27 1.1 I Pt. 28 17,4 t. Pt.28 0.9 001-073 (S54SS9 Ontario lnc. c/o W' Vanderuen) 001-074 (854809 Ontsrio lnc. c/o W. Vanderven) 001-080 (D. Zhang) OOl-127 W. & E. Vanderven) :-ã--=======3=<ttÊiãsF#F!Ê'Êl -=¡t $ 468,00$ 468.00 !==:==:-:==i-iF:æ+5!E= Éã l: ?:t-:: $ _"*!l-99.9L $ ¡ 26.00$ 26.00 60,00 60-00 1,652,00 1,652.00 49.00 49.Q0 Ëtæ.¡ å ts= É Ë - -=g==-=:rasrTfr ¿Ë È 3 åiîs .$ $ 1,787.00$ 1'787.00 ær¡2ÉËÉÈ==ag=:gÉ¡: Sjtæ:È*ê=ët:J=g: $ $ 407'oo $ 61.00 $ 407.00 $ 1 13.00 407.00 61.00 407.00 113.00 TOTAL ASSESSMENT ON LANDS Yz Çounly Rd. No. 55 1.ô County of Elgin Glen Erie Line 0'.t CountY of Elgin TOTAL ASSESSMENT ON ROADS TOTAL ASSESSMENT ON MA]N DRAIN'OPEN PORTION IN THE MUN]CIPALIW OF BAYHAM TOTAL ASSESSMENT ON MAIN DRAIN 'OPEN PORT¡ON ====*!¡ qq rE ÉtrlE=?=É;3:=-==:= = = == t $ 52o.oo$ 520'oo Correspondence dated October 28, 2009 from Norfolk County re... Page 88 of 405 Schedule 'B' to By-lew ZOOg-Lsg SCH EDULE 'C ' - ASSESSMENT FOR CONSTRUCTION (Cont'd) Page 2 of 2 WINTER DRAIN ' 1r.-,lk County HECTARES _çoN= LgJ AFFEcTED* RoLL-l'Lo.toSEÐ--_* "--iES-rf,t-T-- oUTLL-@ MAIN ORAIN. CLOSED PORTION òÌpdoltCsuofv 1ü . WNR Pt. 1 WNR Pt. 2 WNR Pt. 2. WNR Pt. 2- WNR Pt. 2 WNR Pt. 3 545-30-131 (H. & H. Blatz) 545-30-132 (R. & J. Butcher) 545-30-1 34 (J. Butcher) 545-30-133 (1. Ward & J. Berdan) 545-30-135 (R. & J. Butcher) 545-30-136 (M. & M. Kirwin) TOTAL ASSESSMENT ON LANDS J.û CountY of Norfolk ô.2 Norfolk CountY TOTAL ASSESSMENT ON ROADS TOTAL ASSESSMENT ON MAIN DRAIN . CLOSED PORTION IN NORFOLK COUNTY .$' $ 144.00$ '144-oo 1 ,543.00 1 ,543 '00 750.00 1,251.00 2'001.00 296'00 290.00 0.4 5;5 4.4 0.8 0.8 2.0 lz Çounly Rd. No. 55 Lower Side Road tt gn I ctna I ltf af -8¡rhsrü I Pt. 28 & 27 0.5 I Pr. 26 & 27 1,1 I Pt, 28 lT,42 Pt.28 0,9 % Çoun} Rd. No, 55 Glen Erie Line 001-073 (854S89 Ontario lnc. c/o W. Vanderyen) 001-074 (854889 Ontario lnc. c/o W. Vanderven) 001-080 (D. Zhans) OOl-127 (W. & E. Vanderven) TOTAL ASSESSMENT ON LANDS County of Elgin counÇ of Elgin 7,950.00 296.00 296.00 282.00 8,232.00 G-==*=È===== ==a Eâ = ( 4 = =====?ÉÈ4s='-$ s,7oo,oo $ 3,812'oo $ 12'512'oo ËÉ:lËË==#===9=== ÊÊ Ë======Eææ =; f 85o,oo $ 1,oo9,oo $ 1,919'00 200,00 161.00 361.00 -Ëa*;{ = 5==:====- -=+-==s==5;=:=a:: $ 1,o5o,oo $ 1,230.00 $ e28o.oo -:É:å===ë E===E==É-r==E= =a= gE==ãå-¡= = $ 1479499 $ s ô8.00$ 68,00 158.00 158.00 4,337.00 4,337.00 130,00 130,00 r= =å=Ë=3=== ===;çË=É===s=:=ÊË t;È =a == $ $ 4,693.00$ 4,6e3.00 rEè=-====ãÉ=s=:===¡=tÈEd:¿!¡r* $. s50.00 $ 1,0ô9.00 $ 1,919.00 296.00 296.00 +:=====#r:rE=rt-ËÊé F*=3ãt ===-$ s50.00 $ 1,365.00 $ '2,215'00 Ë-i-==E!==- ::=::==Ë:=====l=:EÉ:-- I.0 0.& TOTAL A$SESSMENT ON ROADS TOTAL ASSESSMENT ON MAIN DRAIN . CLOSED PORTION IN THE MUNIC¡PALITY OF BAYHAM TOTAL ASSESSMENT ON MAIN DRAIN . CLOSED PORTION TOTAL ASSESSMENT ON WINTER DRAIN NOTE: All of the abovp lands. with the excoption of those noted with an aslerisk, are çlassified as agricultural' Correspondence dated October 28, 2009 from Norfolk County re... Page 89 of 405 Minutes of ELGIN GROUP POLICE SERVICES BOARD September 30, 2009 The Elgin Group Police Services Board met at the County Administration Building, 450 Sunset Drive, St. Thomas, at 2:00 p.m. with the following in attendance: Tom Marks, Chairman John R. Wilson, Vice-Chair Douglas Gunn, Board Member Kathleen Schaper, Board Member Duncan McPhail, Board Member lnspector Ryan Cox, OPP Staff Sergeant lan Chappell, OPP Mark McDonald, Secretary/Ad ministrator Marilyn Payler, County Administrative Services Chair Marks called the meeting to order at 2:00 p.m. Inspector Cox introduced a DVD produced by the O.P.P. Provincial Command Bureau of Provincial Constable Alan Hack's funeral noting the large policing presence. The Board was able to view the beginning portion of the DVD and a copy will be made for each Board Member. Adoption of Minutes Moved by Schaper Seconded by McPhail THAT the minutes of the meeting held on June 17 ,2OOg be adopted. - Carried. Disclosure of Pecuniarv lnterest - None. Gorrespondence 1) R. J. Gentle, Chief Superintendent, Commander, Western Region Headquarters, OPP with response to public complaint. 2) Lynda Millard, C.M.O., Municipality of Bayham with resolution approving 2009 Police Services Board Budget, Business Plan and 2008 Year End Report. 3) Nora M. Skelding, Chief Superintendent, OPP Strategic lnitiatives with information on OPP Training Strategy on Accessible Customer Service. 4) lnspector Ryan Cox, thanking Elgin Group Police Services Board fortheir support and kindnesses as the detachment continues to dealwith the loss of Constable Al Hack and the injury of Constable Lynn Neale. Elgin Group Police Services Board minutes of meeting held Se... Page 90 of 405 -2- 5) Fay Patey, Director, Police Support Services Branch announcing Duane Sprague's new position as Zone 6 Police Services Advisor. 6) OAPSB October 22"d and 2g'd Fall Seminar "Exploring Crime Prevention" and Board Governance Training information. 7) September 2009 OAPSB Bulletin. Moved by McPhail Seconded by Gunn THAT Correspondence ltems #1-7 be received and fíled. - Carried. Detachment Gommander's Report for June/Julv/Auqust 2009 lnspector Cox highlighted the various summer events which the detachment provided staffing and noted that Constable Lynn Neale was now recuperating at home. Inspector Cox updated the Board on the most recent staffing changes at the detachment and other statistics for the Board's information. Staff Sergeant Chappell spoke on the parking and traffic issues experienced at the Wings and Wheels Air Show on June 21st,2009. He will be debriefing the air show committee with recommendations for future shows. On October 6, 2009 at 7:00 p.m. at the Port Stanley Legion a speed sign training session will be held for community policing committee members and municipal employees. All PSB board members are welcome to attend as well. On October7,2QO9 the Chiefs of Police are holding a meeting in Sarnia at 9:30 a.m. and Chair Marks suggested that a PSB member attend as it is a very informative meeting. K. Schaper volunteered to attend with lnspector Cox. lnspector Cox requested that the board assume responsibility for the cost of the insurance to cover the speed sign from damage through vandalism or collision. The Province will cover the cost of liability insurance. Aviva lnsurance Company will cover all property risks for a total of $151.00 plus 8o/o tax. Moved by McPhail Seconded by Wilson THAT Aviva Insurance Company cover all property risks to the newly purchased $25,925.00 speed sign at an annual cost of $151.00 plus 8% with a $1 ,000 deductible. - Carried Unanimously. Elgin Group Police Services Board minutes of meeting held Se... Page 91 of 405 -3- lnspector Cox mentioned that if the Board had any ideas or local items to add to the content of the 2010 Business Plan they could contact him directly. The detachment is still gathering information from those individuals who assisted at the scene of the fatal motor vehicle collision involving Constables Hack and Neale. Recognition for those who assisted at the scene will be forthcoming once all the information is received. It was noted that on December 22"d,2OOg the Olympic Torch Relay will be taking place. The Bandido murder investigation is in the final process with statements to the defense to begin following a two week trial break. Mr. Gunn asked lnspector Cox how the funds for the RIDE program were allocated and lnspector Gox explained how the program operates. He further explained how the detachment focuses on spacing the RIDE program throughout the year and entire County. The lnspector also noted that during this summeds air patrols large numbers of marijuana plant sightings were discovered. Moved by Wilson Seconded by McPhail THAT the Detachment Commanders Report for June/July/August 2009 be received and filed. - Carried. ln-Camera Moved by Gunn Seconded by Wilson THAT we do now proceed ln-Camera at 2:30 p.m. to discuss a personal matter about an identifiable individual. - Carried. Moved by Schaper Seconded by McPhail THAT we do now rise at 2:36 p.m. without reporting. -Carried. Elgin Group Police Services Board minutes of meeting held Se... Page 92 of 405 -4- New Business Bridoe Desiqnation D. McPhail suggested that the 401 bridge at Furnival Road be dedicated to the memory of Constable Al Hack. He inquired how to begin the process and Staff Sergeant Chappell stated that the Police Services Board can begin the process by making a request to M.P.P. Steve Peters. He will meet with Steve Peters to get clarification on the proper protocol. Moved by McPhail Seconded by Gunn THAT Steve Peters M.P.P. Elgin-Middlesex-London be requested to honour the memory of Constable Al Hack by seeking the designation of the bridge at Furnival Road and highway #401as the Alan Hack Memorial. - Canied Unanimously. 2010 International Plowino Match D. McPhail inquired about what the O.P.P,'s responsibility was going to be at the 2010 lnternational Plowing Match so they can prepare a budget for their services. lnspector Cox replied that the local detachment will be responsible for traffic and any overtime costs associated during this event. Salary cost for officers from outside the Elgin County Detachment will not be charged back to the plowing match organizational committee or the local detachment. St. Thomas Times-Journal Advertisement M. McDonald asked if the Board would like to approve a $99.00 advertisement in the St. Thomas Times-Journal congratulating the O.P.P. on 100 years of service. Moved by Wilson Seconded by Gunn THAT the Elgin Group Police Services Board approves an advertisement in the St. Thomas Times-Journal congratulating the O.P.P. on 100 years of service at a cost of $99.00. - Carried. Next Meetins The next meeting will be held on November 18, 2009 2:00 p.m. Elgin Group Police Services Board minutes of meeting held Se... Page 93 of 405 -5- Adiournment Moved by Gunn Seconded by McPhail THAT we do now adjourn at 2:55 p.m. to meet again on Wednesday, November 18, 2009 at 2:00 p.m. - Carried. M. G. McDonald, Secreta ry/Ad m I n istrator. Tom Marks, Ghair. Elgin Group Police Services Board minutes of meeting held Se... Page 94 of 405 Correspondence received October 22, 2009 from Mae Leonard re... Page 95 of 405 Correspondence received October 22, 2009 from Mae Leonard re... Page 96 of 405 CORPORATION OF THE MUNICIPALITY OF BAYHAM STAFF REPORT TO: Mayor and Council Members FROM: Planning CoordinatorlDeputy Clerk SUBJECT: OMB Notice of Decision - Borm Borm Site Plan Agreement DATE: October 23,2009 FILE: Dl I.BORM NUMBERzD2009-33 Purpose This report is to recommend approval of a New Site Plan Agreernent with Etienne and Marie-Louise Borm (ETBO Tool & Die). Background On September 6,2007 the Elgin County Land Division Committee granted Consent Application 855107 to Romaine and Simonne Borm for the purpose of severing a2.02 hectare (5 acre) parcel of land from their farm to add to the adjacent ETBO Tool & Die property for future expansion. On May 1,2008 Council passed By-law 2008-050 authorizing a Site Plan Agreement for the future development of the ETBO Tool & Die property. On August 7,2008 Council passed ZoningByJaw 2564-2008, being a byJaw to amend ByJaw 2456- 2003, changing the zoning from Agriculture (41-A) to Rural Industrial (M2) to permit the severance of the parcel of vacant agricultural land for the purpose of conveying it to the adjacent property owned by Etienne and Marie-Louis Borm operating ETBO Tool & Die industrial operation. On September 2,2008 appeals to the severance and the zomngbyJaw were received and forwarded to the OMB. On March ll &,12,2009, the OMB Hearing was held resulting in an Order dated July 14,2009 requiring a new ZonrngBy-law Z57l-2009 speciffing a defined permitted use and restrictions regarding minimum lot area, maximum lot coverage, and setbacks. The Order also requires a new Site Plan Control Agreement to cover the entire lands including the lot addition. Staff Comments According to the OMB Order, a Site Plan Control Agreement is to be registered on title and the appellants of the OMB Hearing File NO. PL070854-C070205 are to be a party to the Agreement. Municþal staff were circulated the new site plan drawing, which includes the proposed lot addition and consider it to be complete. The Appellants, through their legal counsel, advised the municþality on July 13, 2009 and againon September 16, 2009 that with minor revisions to the planting schedule that they have reviewed the site plan drawing and consider it to be satisfactory. The text of the site plan agreement is in accordance with the standard form of agreement previously approved by Council. The Agreement and authorizingBy-law are presented to Council for enactment. Attachments l. OMB Decision issued July 14, 2009 Case No. PL070854-C070205 2. Draft By-law 2009-096, Site Plan Agreement attached as Schedule 'A' Staff Report D2009-33 regarding OMB Notice of Decision - Bor... Page 97 of 405 Staff Report D2009-33 Borm Site Plan Page2 Strategic Plan Goal(s) Goal # 3 - Create apositive business atmosphere Goal # 6 - Provide and encourage attractive lifestyle choices RECOMMENDATION ,,THAT StaffReport D2009-33 regarding the Borm Site Plan Agreement be received; AND TIIAT By-law No.2008-050 be repealed; AND THAT By-law No.2009-096, being a By-law to authorize the execution of a Site Plan Agreement with Etienne & Marie-Louise Borm and the Municipality of Bayham be presented for enactment.t' Respectfully submitted, Mar gaÉt Underhill, Planning Coordinator/Deputy Clerk iewed by, Staff Report D2009-33 regarding OMB Notice of Decision - Bor... Page 98 of 405 ISSUE DATE: July 1 4,2OOg Appellant: Subject: Municipality: OMB Case No.: OMB File No.: Appellant: Appellant: Appellant Subject: P rope rty Add ress/DescríPtion : Municipality: OMB Case No.: OMB File No.: Municipal No. APPEARANCES: Roger & CherylJames Kathleen Kennedy Romaine & Simonne Borm I '. Consent . 'ì ''- T2}2ìichmond Rd i Township of Bayham P1070854-c070205 P1070854-C070205 E.55107 Counsel Barry Card Steven D. S. Ross Stephen H. Gibson Ontario P1070854 Ontario MuniciPal Board Commission des affaires municipales de I'Ontario lN THE MATTER OF subsection 34(19) of the PtanningAcf, R.S.O. 1990, c' P'13, as amended; Roger & CherylJames By-law No. 2564-2008 Township of Bayham PL070854-C070205 P1081 148 lN THE MATTER OF subsection 53(19) of the PlanningActR.S.O. 1990, c'P.13, as amended; ¿-i..¡i ì--lì,., L- a !U1- t -i Parties Municipality of Bayham Roger and Cheryl James Kathleen Kennedy The County of Elgin and the Corporatíon of the County of Elgin Land Division Committee Romaine and Simmone Borm (the Applicants) applied to rezone their from Agricultural A1 to M2 lndustrial in order to facilitate the sale of property to and Marie-Louise Borm. The purchasers wish to entarge their existing tool property Etienne and die Staff Report D2009-33 regarding OMB Notice of Decision - Bor... Page 99 of 405 -2-P1070854 operation known as ETBO. The rezoning application was approved when the Municipality of Bayham adopted By-law 2564-2008. The By-law 2564-2008 was appealed by Roger and Cheryl James and Kathleen Kennedy (the APPellants)' The Applicants applied to sever a parcel of land with a frontage of 68.3m, a depth of 153.3m and an area of 2.02g4 ha. The property will be consolidated with a 161.5m by g2.3m parcel owned by Etienne and Marie-Louise Borm. The Applicants will retain the remnant parcel, a 26.64 hectare farm with a house and three barns. The provisional consent was granted by the Corporation of the County of Elgin Land Dívision Committee. The provisional consent was appealed by Roger and Cheryl James and Kathleen Kennedy (the APPellants). At the outset of the hearing Mr. Card made a preliminary motion to exclude the testimony of Heather James, a planner for the Appellants. Ms James is the daughter of Roger and Cheryl James, two of the three Appellants in this matter. Mr. Card referred to the case of Fettowes, McNeílv Kanza General lnternational lnsurance Co. 1998 Canlll 14856 (ON S, C.). Mr. Card alleges that the witness will not meet the test of impartiality and should be excluded. Mr. Ross responds that his client would be prejudiced by the exclusíon and if the Board ruled that Ms James should be excluded that he would request an adjournment' He countered by using the facts of the case that related to an investigation of professional misconduct by a lawyer. There is no conflict between the parties. Mr. Ross noted that Ms James would not appear before the Board unless she had a strong case. Mr. Ross noted that in this case Mr. Rowe, the planning witness, had acted as the agent for the Applicants before the Land Division Committee and Municipal Council and now was appearing before the Board as an independent witness, The case law, as the Board understands it, is that the witness is qualified and gives testimony the Board must weígh that evidence and determine its proper weight. Staff Report D2009-33 regarding OMB Notice of Decision - Bor... Page 100 of 405 -3-P1070854 The Board will not exclude the witness, but will weigh her evidence given the relationship between the witness and two of the Appellants and assign a proper weight to it given its substance and veracity. Mr, Ross, after consulting with his clients, decided to proceed with the hearing based upon the preceding ruling by the Board. The Board heard from Mr. David Rowe, planning consultant for the applicant' Etienne Borm, the plant manager of ETBO and son of the founder, and Heather James, planner for the APPellants. Background ETBO is a tool and die company that has been located on the property since 1g5g. The industrial use is classified a tool and die manufacturing facility with 45 employees producing products for the automobile and electronics industries. The company is one of the largest employers in the municipality. A previous severance was added to the ETBO property in 1996 and that was accompanied by the requisite rezoning aPPlication. The planning responsibilities are divided with the County of Elgin being responsible for consents, the approval of zoning by-laws rests with the local municipalities and the approval of subdivisions and Official Plan Amendments (OPA) remains with the Ministry of Municipal Affairs and Housing (MMAH). The County has no official plan and therefore all planning documents are within the purview of the municipality which is, in this case, the Municipality of Bayham. The subject lands are designated "Agricultural" and a portion of the property to the rear is designatedHazard Land. The subject property fronts on the Richmond Road (County Road 43). The subject property is just north of the hamlet of Calton. The subject lands are locate d 414.7 m south of the James Line. The James Line connects with John Wise Líne another major County road that runs in an east - west direction towards St. Thomas. Staff Report D2009-33 regarding OMB Notice of Decision - Bor... Page 101 of 405 -4-P1070854 On the second day of the hearing the Board was informed that the parties had reached a settlement. Ms James outlined the terms of the settlement to the Board and provided her unqualified planning opinion in support. The Appellants agreed to withdraw their appeal to the consent. The appeal to zoning by-law would be granted in part and the by-law would be amended to include a minimum 60 m setback from the northerly lot line (the lot line closest to the property of the Appellants), a minimum 3Om setback from the property line to the east (the rear yard setback), a minimum lot size of 33,200 m2 (the area will be confirmed by the surveyor), maximum lot coverage of 15"/" and only one manufacturing use permitted on the property - the tool and die manufacturing facility including the metal stamping activity. The By-law incorporating the above-mentioned settlement is attached tó this decision. The details of the buffer area to be incorporated into the site plan agreement will finalize the settlement. Ms James testified that the settlement addresses the concerns of the neighbours. Based upon the un-contradicted evidence, the Board allows the appeal of the zoning by-law in part and amends the by-law as attached to this decision' The Board will withhold its order pending the completion of a site plan agreement and the parties will be given one year from the date of this Order to finalize the agreement. The Board may be spoken to if difficulties arise. So Orders the Board. 'J. E. Sniezek" J. E. SNIEZEK MEMBER Staff Report D2009-33 regarding OMB Notice of Decision - Bor... Page 102 of 405 ATTACHMENT C(T)) THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2571-2009 BORM BEING A BY-LA\il TO AMEND BY-LAW No. 2'456-2003' AS AMENDEI) WIIEREAS the Council of the Corporation of the Municipality of Bayham deems it necessary to amend ZorungByJaw No.2456-2003, as amended; THEREFORE, the Council of the Corporation of the Municipality of Bayham enacts as follows: 1) TIIAT By-law No. 2456-2003, as amended, is hereby further amended by amending Schedule..A", Map No. 57, by deleting from the Rural lndustrial (M2) Zone and adding to the Site-Specific Rural lndustrial (M2-8) Zone,those lands which are outlined in heavy solid lines and marked M2-8 on Schedul e ".L" to this By-law, which schedule is attached to and _forms part of this By-law. ByJaw No.2456-2003, as amended, is hereby fuither amendedby addingthe followingneìw subsection: ,,2JflN 21.10.8.1 Defìned Area 2) 2L10.8.2 2r.10.8.3 2L10.8.4 M2-8 as shown on Schedule "A", Map No. 57 to this bylaw; Mínímum LotAreø 30,000 m2 Møxímum Lot Caverage 15% of the mínimum lot area; Mínímum Síde Yard DePth 60.0 metresþr the primary buílding (north lot line) Mínímum Rear Yard DePth 30.0 metres for the prímary buílding (east lot líne); 2I.I0.8.5 Staff Report D2009-33 regarding OMB Notice of Decision - Bor... Page 103 of 405 21.10.8.6 2 r .10.8.7 21.I0.8.8 Permíned Uses Tool and Die Desigtr and Manufacturing Facility' Delìned Use For the pur.poses of the M2-8 Zone, a Tool and Díe Design and Manufacturing Facílity shall be defined asfollows: : shall mean the " *¡ t oø ø"t an g t o r s tructur e s þ r th e purp o s e of engíneer ing and tool design, manuføcturíng, fabrication, assembly, testíng, prototyping, machining, milling, parts cleaning and repaíríng, -stampíng and press facílíty and ancillary warehousíng and storage. S u nnle mental R e su latío ns A Site Plan Control Agreement be regístered on title and appellants of oMB Hearing File No. PL070854-C070205 be 4 party to the Agreement" 3) THIS By-law comes into force: a) Where no notice of objection has been filed with the Municipal Clerk within the time prescribed by the Planning Act and regulations pursuant thereto, upon the expiration of the prescribed time; or b) 'Where notice of objection has been filed with the Municipal Clerk within the time prescribed by the Plãnning Act and regulations pursuant thereto, upon the approval of the Ontario MuniciPal Board. READ A FIRST TIME THIS DAY OF 2009. _ .READ A SEEOND TIME THIS - DAY OF READ A THIRD TIME AND FINALLY PASSED THIS DAY OF 2009. MAYOR Staff Report D2009-33 regarding OMB Notice of Decision - Bor... Page 104 of 405 f*_- 03 Io o .9TØc 3ots coNCESSTON tv I CALTON (SEE SCHEDULE 'F') ìr\ =\=\ =\=\ =\\\ Thìs is Schedule "A" to BY-low No 2571-2OO9, possed the --ihdoy oÍ ----_'---- 2OO9. MAYOR CLERK =\ =\ f,/o^ ^ tr- --\-o< -\ -\ .t\=\ MUNICIPALITY OF BAYHAM SCHEDULE 'A' 0 250m 500m Scole 1 '. 12.500 MAP No. 57 Staff Report D2009-33 regarding OMB Notice of Decision - Bor... Page 105 of 405 THE CORPORATION OF THE MTJNICIPALITY OF BAYTIAM BY-LAIV NO. 2009-096 BEING A BY.LAW TO AUTHORIZE THE EXECUTION OF A SITE PLAI\ AGREEMENT WITH ETIEI\NE & MARIE.LOUISE BORM (ETBO TOOL & DIE) WHEREAS subsection aIQ) of the Planning Act, R.S.O. 1990 Chapter P.l3 provides in part that where in an official plan aî area is shown or described as a proposed site plan control area, the council of the local municipality in which the proposed area is situate may, by by-law, designate the whole or any part of such area as a site plan control area. AND \ryHEREAS the Municipality of Bayham has enacted a Site Plan Control Area By- law pursuant to Section 4l of the said Planning Act. AND WHEREAS subsection 4I (4) of the said Planning Act provides in part that no person shall undertake any development in an area designated under subsection (2) unless the council of the municipality or, where a referral has been made under subsection (12), the Municipal Board has approved one or both, as the council may determine, of the following: 1. Plans showing the location of all buildings and structures to be erected and showing the location of all facilities and works to be provided in conjunction therewith and of all facilities and works required under clause (7) (a). AND \ilHEREAS the Ontario Municipal Board has ordered the completion of a Site Plan Control Agreement in the matter of OMB Case No. PL070854-C070205; AND WIIEREAS the Council of the Corporation of the Municipality of Bayham now deems it necessary enter into a site plan agreement with Etienne and Marie-Louise Borm. NO\il THEREFORE THE COTJNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. THAT the Mayor and Clerk be and they are hereby authorized and directed to execute the Site Plan Agreement between the Corporation of the Municipality of Bayham and Etienne & Marie-Louise Borm afflrxed hereto and forming part of this By-law as Schedule "4". Staff Report D2009-33 regarding OMB Notice of Decision - Bor... Page 106 of 405 2. THAT By-law 2008-050 being a By-law to authorize the execution of a site plan agreernent wittr Etienne & Marie-Louise Borm, passed May 1, 2008 is hereby repealed. 3. TIIAT the executed agreement shall be registered at the ownsr's expense under the proper Land Titles Registry. READ A FIRST AND SECOND TIME this day of 2009. READ A THIRD TIME AND FINALLY PASSED this day of 2009. MAYOR CLERK Staff Report D2009-33 regarding OMB Notice of Decision - Bor... Page 107 of 405 SITE PLAN AGREEMENT BETWEEN ETIENNE & MARIE-LOTIISE BORM Part Lotl, Concession 4 RoIl # 34-01-000-007-00200 TITE CORPORATION OF THE MTJMCIPALITY OF BAYHAM Staff Report D2009-33 regarding OMB Notice of Decision - Bor... Page 108 of 405 TmS AGREEMENT made this - day of BETWEEN: 20f9. ETIENNE A¡ID MARIE-LOUISE BORM Hereinafter called the SOWNER" OF THE FIRST PART .AND - THE CORPORÄTION OF THE MI'MCIPALITY OF BAYHAM Hereinafter called the *MIIMCIPALITY' OF THE SECOND PART WHEREAS the Owner is the owner in fee simple of the lands si¡¡ate in the Municipality of Bayham, in the County of Elgin being Part of I¡t l, Concession 4, more particularly described in Attachrnent "A' attached hereto (and hereafter referred to as the *Lands'); AND WHEREAS the Official Plan of the Municipality of Bayham in effect, designates the entirety of the Municipality as a site plan control a¡ea; AI\D WHEREAS the Owner intends to develop the lands in accordance with the Site Plan attached hereto, as Attachment *C''(and hereafterreferred to as the *Plan'); AND WHEREAS the Ontario Municþal Boa¡d has ordered the completion of a Site Plan Control Agreeinent in the rratter of OMB Case No. PL070854-C070205; AND \ilHEREAS the Cor¡ncil of the Corporation of the Municipalþ of Bayham now dee,ms it necessary to enter into a site plan agree,me,lrt with Etienne and Ma¡ie-Louise Borm. NOW TITF.REFORE in consideration of other good and valuable consideration and the sum of Two Dollarc ($2.00) of lawful money of Canada by each to the other paid (the receipt whereof is acknowledged by eacÐ, the Owner hereby covenants and agrees with the Municipality as follows: Staff Report D2009-33 regarding OMB Notice of Decision - Bor... Page 109 of 405 1. The Owner agrees that no building perrnit rrill be available until the Plan has been approved by the Municipality, and fi¡rther agrees that work will not commence prior to the issuance of the building permit. 2. The following Attachments, which are ide¡rtified by the signatures of the parties to this Agreement, and which a¡e attached hereto, are hereby made a part of this Agreeme,lrt, as fully and to all intents and purposes as though recited in fulI herein: ATTACHMENT *.N'_ LEGAL DESCRIPTION OF SIJBJECT LANDS ATTACHMENT'ts" . CERTIFICATE OF COMPLIANCE ATTACHMENT *C- . SITE PLA}I A}{D SITE SERVICING PLAN 3. Attachmeirt "A" hereto describes the lands affectedbythis Agreement. 4. Attachment "C" - Site Plan and Site Servicing Pla¡L shows: a) the location and height of all buildings and structures to be erected; b) the location of vehicular entrances and exits; c) the location and provision of off-street vehicula¡ loading and parking facilities, including driveways for e,mergency vehicles; d) walkrvays and all other means of pedestrian access; e) the location and provision of fences, trees and all ground cover or facilities for landscaping the lands and protecting the adjoining lands and shows the lighting including flood lighting, of the land or any building or structure thereon; Ð the location and provision for the collection and storage of garbage and other waste material g) lot grading information, indicating overland flow to and from adjacent properties, collection and disposal of surface water and storm water management (if deemed necessary by the Municipality); h) location of utilities within the road allowance and site corurections to these utilities; Ð building frnished floor elevations; j) fuepondand dryhydrantlocations; k) other information as required by the Municipality 5. The Owner agrees that the building or buildings will be erected in accordance with the plan(s) approved, subject ooly to such changes as b¿ve received advance approval. 4 Staff Report D2009-33 regarding OMB Notice of Decision - Bor... Page 110 of 405 6. The Owner agrees that the site developme,nt and servicing will be in accordance with the plan(s) as approved, zubject only to such changes as h¿ve received advance approval. 7. The Owner further agrees that: a) final grades and elevations will be est¿blished to the satisfaction of the Municipality. The Owner will provide proof of final grades and elevations certified by a professional land surveyor or civil engineer, prior to the final release of the Letter of Credit. b) all necessaryprovisions for service connections on site will be made to the satisfaction of the Municipality. c) construction work will be canied forward expeditiously in good and workmanlike Inanner, in accordance with good trade practice and so to cause a minimum of nuisa¡rce. d) all necessary precautions to avoid dust, noise and other nuisance and to provide for the public safety will, so far as possible, be taken and which comply with The Construction Safety Act. e) all necessary ca¡e will be taken to see that mud and soil is not tracked or spilled onto any public steet, and where such tracking occurs, the street shall be cleaned at the end of each working day. Ð garbage disposal facilities will be an enclosed type located as shown on the Site Plan designed in a manner satisfactory to the Municipaltty. g) unless otheru'ise provided all parking lots and wallsvays will be finished with hohmix asphalt, concrete or paving stones to the satisfaction of the Municipality and have permanent bumper curbing along all parking areas that abut the property limits. h) no topsoil shall be stocþiled on any other portion of the Ov¡ner's lands exce,pt those lands identified in Attachment "4" to this agreeme,nt; and all topsoil shall be stocþiled and maintained in a manner which allows for the maintenance of weeds; and the Municipality rnay go in and do the sa¡ne at the Owner's expense, and collect the cost in like rranner either as mr:nicipal taxes or from the Letter of Credit deposited as performance security. Ð stock-piling of snow will not be allowed on the site where it will constitute a haza¡d in the opinion of the Municlpallty. j) the electrical servicing of the propely shall be subject to the approval of Hydro One. k) upon failure by the Owner to do any act during the development period herein, that the public safety or convenience requires, in accordance with this Agreement, upon seven (7) days written notice, the Municipality, in addition to any other remedy, may go in and do same at the Owner's expense, and collect the cost in like rnnner either as municipal taxes or from the lætter of Credit deposited as performance security. Staff Report D2009-33 regarding OMB Notice of Decision - Bor... Page 111 of 405 l) the Municipahty may treat any breach of this Agree,ment as a breach of the Building By- Law, and upon twenty-four (24) hours written notice to the Owner, stop work until the breach is rectified. m) nothing in this Agreement constitutes waiver of the owner's duty to comply with any by-law of the Municipality or any other law. 8. The Owner shall: a) be responsible for consulting with Hydro One regarding any matters that relate to sen¡ices provided by Hydro One. 9. The Owner shall be responsible for consulti''g with and obtaining any necessary approval from all regulatory bodies such as, but not limited to, the Iong Point Region Conservation Authority and the Ministry of the Environment. 10. The Owner shall satis$ all the in relation to the fire protection for the building(s) to the satisfaction of the Municipalþ's Fire Chief. ll. The Owner agrees to pay for damages to public property including but not limitd to municþal drain, ditches, sheet surfaces, sidewalks, storm and sanitary sewer syste,ms, which rnay occur during the period of construction. Any such repair may be undertaken by the Municipality at the expe'nse of the Owner, withinthirty (30) days notice. 12. Any and all lighting sball be installd and maintained so as to not, in the opinion of the Municipality, interfere with the use or e,njolmelrt of adjacent properties, or with the safe flow of trafEc on abutting or adjacent streets. 13. The Owner shall landscape and maintâin plants and ground oover as described as "Planting Schedule" and indicated on Attachment "C'. 14. If the Ontario Building Code requires that an Architect or Professional Engne€r or both, shall be responsible for the field review of any new building or exte,nsion, provided for in this Agreement, the Owner shall not occupy or u¡¡e or pennit to be occupied or used, any said new building or e*tension, until after an Architect or Professional Engineer has give,n to the Municipality, a letter addressed to the Municipality, and signed by the said A¡chitect or Professional Engineer, certifying that all constmction and/or services on or in the said lands, required for this development or redevelopmeirt, newly installd by the Owner in connection with this development or redevelopme,lrt, have been installed and/or constructed in a manner satisfactory to the A¡chitect or Professional Engineer. 15. The Municipality, through its servants, officers and agents, including it's Chief Building Official, Fire Chief, and Municipal Engineer, may, from time to time, and at any time, enter on the premises of the Owner to inspect: Staff Report D2009-33 regarding OMB Notice of Decision - Bor... Page 112 of 405 a) the progress of development; b) the state of maintenance as provided for in this Agreement. 16. In the event of any servant, officer or agent of the Municipality, detennining, upon inspection, that the deveþment is not proceeding in the strict accord with the plans and specifications filed, such servant, ofÏicer or agent shall forthwitþ place a notice requiring all work to be stopped upon the premises and forward a copy, by registered mail, to the Owner at the last known address, on the last revised assessment roll, and the Owner shall forthwith correct the deficiency or deviation. 17. In the event of any se,rvant, officer or agent of the Municipatity, upon inspection, be of the opinion that the state of maintenance is not satisfactory, such servant, officer or agent shall forthwith, forwa¡d notice of zuch opinior¡ by registered mail, to the Owner, at the last known address, and the Owner shall forthwith correct the deficiency or appeal to the Council ofthe Municipality of Bayhanl as hereinaft er provided. 18. In the eve,lrt that the Owner should disagree with the opinion of the se,rvant, officer or agelú of the Municþlity, as to the state of maintefiulc€, such Owner sball appear before the Council of the Municipality of Bayharn, which after hearing the Owner, shall express its opinion as to whether the mainteirance is satisfactory, by resolution, which shall constitute a final deterrnination of the nratter. 19. In the event tbat the Owner shall fail to obey a stop work order issued under Section 17 hereof, the Owner recomizes the right of the Municipality to apply to the Courts for a restraining order. 20. h the eveirt that an Owner shall fail to conect a deviation or deficiency after notice pursuant to Section 17 or after notice of an opinion, which the Council of the Municþality of Bayham determines is correct, under Section l7,the Council of the Municipality of Bayhara røyby by-law, direct, on default of the matter or thing being done by the Owner, after two (2) week's notice, to it by registered mail, at the last known add¡ess of the Owner, pursuant to the last revised assessment roll of passage of such By-Law, that such maffer e¡ thing be done by the Municþlity, at the expe,nse of the Owner, which expense may be recoverable by action as municipal taxes, or from the Letter of Credit de,posited as perforrnance security. 21. Unless otherwise authorize{ in the event of the Owner wishing to change at any time, the buildings, structures or facilities described in Att¿chment "C", it shall make application to the Council of the Municþlity of Bayham" for approval, and shall not proceed with such change until approval is given by such Council, or in default by The Onta¡io Municþal Board, under the procedure set out in Section 4I of The Planning Act,1990, hereinbefore referred to. 22. TheOwner agrees to pay to the Municipality all administ¡ation costs incuned in connection with this Agreeme,lrt, and the fulfill¡rent of this Agree,me,nt, including legal, engineering and inspection costs' Staff Report D2009-33 regarding OMB Notice of Decision - Bor... Page 113 of 405 23. LIABILITY INSURANCE Before commencing any of the work provided for hereþ the Owner shall supply the Municipality with a Liability Tnsurance policy in the amount of $2,000,000 per occlurence, and in a form satisfactory to the Municipality, inderrniffing the Municipalþ from any loss arising from claims for damages injury or otherurise, in connection with the work done by or on behalf of the own€r of the development. The said policy shall be provided at the time of the signing of the Agree'ment and remain in force, until the development is complete and all required documentation as per Article 15 has been filed withthe Municipality. 24. PERFORMANCE GUARANTEE The Owner hereby defines the complAion date of this Agree,lnent and project to be on or before Se,ptember 30. 2010. It will be the Owner's responsibility to require, in writing an extension to this agreenrent/project, within sixty (60) days of the above stated cornpletion date, should an exte'nsion be required. As security for the perfonnance and completion of all worls required by this agreement, the Owner shall supply the Municipalþ with a l,etter of Credit, equal to $ The Letter of Credit will be based on the estirnated cost of alterations to public properly, roadway, cu¡bs and gutters and drains, and any repairs for damages to public propert¡ toadway, sidewalks, curbs and gutt€rs and drains, plus all site specific compone,lrts as defined by the Site Plan and Site Sendcing Plan, "Attachment "C", which are approved under this Agree,ment. The amount of the Letter of Credit shall be established by the Municipality. The irrevocable Letter of Credit from a Chartered Bank expressed to be pursuant to this Agreemeirt and payable to the Municipality at any time or in part, from time to time, upon written notice from the Municipality, shall be provided at the time of signing of this Agree,ment, and shall rernain in force, until Twelve (12) months following the cornpletion of this proj ect. 25. This Agreenrent and the provisions thereof, do not give to the Oumer or any person acçriring any interest in the said lands any rights against the Municipalþ with respect to the failure of the Owner to perform or fully perform any of its obligations under this Agreernent or any negligence of the Owner in its performance of the said obligations. 26. In the event that no constn¡ction on the said lands has commenced within one (1) year from the date of regishation of this Agreemelrt the Municip ality may, at its option, on one month's notice to the owner, decla¡e this Agreement to be subject to re-negotiation, whereupon the Owner agrees that it will not undertake any constn¡ction on the said lands until this Agreement has been re- negotiated. 27.T\e Owner agrees that it will not call into question, directly or indirectþ in any proceeding whatsoever in law or in equity or before any administrative tribunal the right of the Municipality to enter into this Agree,ment and to enforce each and every te,rm, covenant and condition herein contained and this Agreement may be pleaded as an estoppels against the Owner in any case. Staff Report D2009-33 regarding OMB Notice of Decision - Bor... Page 114 of 405 28. The Owner agrees on behalf of themselves, their heirs, executors, administrators and assigns, to save harmless and indemniff the Municipality, from all losses, damages, costs, charges and expenses which may be claimed or recovered against the Municipality by any person or persons arising either directly or indirectly as a result of any action taken by the Owner, pursuant to this Agreement. 29. Nlfacilities and matters required by this Agreement shall be provided and maintained by the Owner at its sole risk and expense to the satisfaction of the Municipality and in accordance with the standards determined by the Municipalþ and in default thereot and without limiting other remedies available to the Municipality, the provisions of Section 326 of The Municípal Act, R.S.O. 1990, shall apply. 30. This Agreement shall be registered at the expense of the Owner, against the land to which it applies, and the Municipality sball be entitled, zubject to the provisions of The Registry Act, to enforce its provisions against the Owner, named herein, and any and all subsequent Owners of the land. 31. A Certification of Cornpliance attached hereto as Attachment "B', shall be filed by the Owner, following completion of the developme,lrt to e,nsure all details of the Site Plan Agreeme,lrt have bee,n cornplied with. IN \ryTINESS WHEREOF, the Pa¡ties hereto have hereupon, affixed their Corporate Seal, and duly attested to by their authorized sipuring offrcers in that behalf. TIIE CORPORATION OF TI{E MUMCIPALITY OF BAYHAM L1ænAcre, Mayor 9 L¡mdaMillard, Clerk Staff Report D2009-33 regarding OMB Notice of Decision - Bor... Page 115 of 405 ATTACHMENT'A' Property Assessme,nt Roll No.: 34-01400-007'00200 Municipal Address: 7288 Ricbmond Road LegalPropertyDescription: Concession 4Partl,ot 1, llR6372Pa¡ts I &2and 11R9081Part l, Municipality of Bayham, County of Elgin 10 Staff Report D2009-33 regarding OMB Notice of Decision - Bor... Page 116 of 405 ATTACIIMENT ..B' TFIE CORPORATION OF TTIE MUNICIPALITY OF BAYTIAM CERTIFICATE OF COMPLTANCE PROPERTY IDENTIFICATION : Municipal Address: Owner: This document serves to certiff that the development project on the above noted lands has been completed in accordance with the terms and conditions of The Site Plan Agteement By-law No. DATED: I FIEREBY CERTIFY TFIAT THE ABOVE DECLARATION IS TRUE AND CORRECT. Witness Owner - Etienne Borm Witness Owner - Marie-Louise Borm Address: 11 Phone Number: Staff Report D2009-33 regarding OMB Notice of Decision - Bor... Page 117 of 405 PLÂNTING SCHEOUI.E I..EGEND - ¡rt-r- I hb- I.., --- --+- -rfr-- NOTES r-û-¡acs r¡E.¡- ¡---l-ErrF E.-5-r--F EENEruIXEÚWEEæúffiÉryagfarus5Êgþ@E¡m ÍÈI.95aü4tEluwDIE*Yugæ STIE STAÏSNCS odE!qw[!tq4Ûdru¡@ÈlH$ffitEEiEñIT OAED@EEffi-ft-rffitrcru!æ4EE ¡EþffiÆD¡þlÉ¡-f-hM'EButr¡E'¡ttfm.drDTÚAHEffiEmElt¡c@!MTEÚEErut¡E&GU4 ¿ I It, I I I I I I r3 ;)o I ,l "i' I ,'! I io,:: L=', .,ti.,o .¿ 19'.t;)o -æ@--ËLg-lgl.¡-É*E'E 'TEd¡E-'Fe JMIa iÉÈLF- smm [o 6Rolrc Rtl{ EIBO Énúc ffill:_4-ll 3664 EFl5p1 \-l ìo\ \h s.I o' S t a f f R e p o r t D 2 0 0 9 - 3 3 r e g a r d i n g O M B N o t i c e o f D e c i s i o n - B o r . . . P a g e 1 1 8 o f 4 0 5 CORPORATION OF THE MUNICIPALITY OF BAYHAM STAFF REPORT TO: Mayor & Members of Council DATE: October 30,2009 FROM: Planning Coordinator/Deputy Clerk FILE: D10.09 Keil SUBJECT: Keil Consents 879109 and E 80/09 NUMBERzD2009- 4l Background Two consent applications have been received from the Elgin County Land Division Committee submitted by Werner Keil pioposing to sever two (2) residential building lots each approximately 0.4 acre (1939.8 m2) from his existing 7.46 acre (3.01 ha) parcel. The subject land is located on the east side of Culloden Road, south of Best Line, in the Hamlet of Corinth. The subject land is designated "Hamlets" in the Official Plan and zoned Hamlet Residential - Holding FR(h)l in the Zoning By-law No.2456-2003. In August 2008, Council considered and supported identical applications. The 2008 applications expired. The Land Division Committee will consider the new applications on November 19, StaffComments The proposals are in conformity with the Official Plan and Zoning By-law for the creation of lots. Staff and the planner have no objection to the creation of two residential lots within the settlement area of Corinth. Water testing and soil testing are required to confirm potable water and soil suitability for a private septic system. In addition, a grading plan is required to ensure proper surface drainage. These requirements will satisff the criteria for removal of the Holding provision on the proposed lots. Similar conditions to the 2008 applications are included in the recommendation. Attachments 1. Consent ApplicationsBT9lD9 and E80/09 2. IBI Memo dated September 2,2008 RECOMMEI\DATION "TIIAT StaffReportDzÛ0g-4lregarding the Keil consents be received; AìtD TIIAT Council recommend to the Elgin County Land Division Committee that severance applications 879/09 and 880/09, submitted by Werner Keil, be approved and each is subject to: 1. $500 cash-in-lieu ofparkland dedication fee 2. lot grading plan 3. provision of water quality testing reports for nitrates and bacteria content 4. provision of water quantity testing report 5. municipal lot assessment to determine soil suitability for a private septic system 6. copy of the final survey be provided to the municipality 7. rezoning to remove the ttHoldingtt provision." Respectfully submitted, nderhill, Planning Coordinator/Deputy Clerk Staff Report D2009-41 regarding Keil Consents E79/09 and E80... Page 119 of 405 4F È" È- VÐ fie APPLICATION FOR CONSENT 1 ELGIN COUNTY LAND DIVISION COMMITTEE 2. NameofOwner Address lease correction of title P*"t + t Werner Kiel 11248 Culloden Road, RR #4. Avlmer. ON NsH 2R3 TelephoneNumber 519-866-3439 Name of owner's solícitor or authorized agent Address Telephone Number ÆæËË* Please specify to whom all communications should be sent: Owners (þ Solicitor ( )Agent (f ) signs to owner 3. (a) Typè and purpose ofproposed transaction: (check appropriate space) Transfer: X creation of a new lot Other: charge addition to a lot easement other purpose (b) Name of person(s), if known, to whom land or interest in land is to be transferred, leased or charged: Unknown (c) lf a lot addition, identiff the lands to which the parcelWill be added:+ 4. (a)Location of land: Municipality Bavham Concession No. Lot(s) No.Registered Plan No. _ Name of Street Culloclen Road Street No. 't 1248 (b) Are there any easements or restrictive covenants affecting the subject land? Yes ( ) No ( x ) lf Yes, describe the easement or covenant and its effect: 5. Description of land intended to be severed: (Accurate Measurements in Metric) parcel L Frontage 2 Depth_6_21__ Area 1q64 - 1 n2 Existing Use Residential Proposed Use Residential r Number and use of buildings and structures (both existing and proposed) on the land to be severed: New houses to buill in flrfirie //ß.- ?ot? /a"r / 6. Description of land intended to be retained: (Accurate Measurements in Metric) Frontage 6U!g Deoth 224n Area 2.82ha Existing Use Residential Proposed Use Residential Number and use of buildings and structures on the land to be retained: Dwellino house enclosed oool ıarer:è ând bern fffiT"i'.ËoJ'",*. RECEIVED ocÏ 2 3 2ooe ü?trôËüi*:"Phone: 51,+ 631-1460 w.dÉin€unty.on.€ Staff Report D2009-41 regarding Keil Consents E79/09 and E80... Page 120 of 405 -2- 7. Number of new lots proposed (not including retained lots) 2 8. Type of access for proposed and retained lot: (check appropriate space) TYPE Provincial Highway Municipal road, maintained all year Municipal road, seasonally maintained Other public road Right Of Way Water access PROPOSED LOT () (x) + () () () () RETAINED LOT () (x) () () () () lf proposed access is by water, what boat docking and parking facilities are available on the mainland? (speciff) 9. What type of water supply is proposed: (check appropriate space) TYPE Publicly owned and operated piped water system Privately owned and operated individualwell Privately owned and operated communalwell Lake or other water body Other means (specify) PROPOSED LOT () (x) I () () RETAINED LOT () (x) () () RETAINED LOT () (x) () () 10.What type of sewage disposal is proposed: (check appropriate space) TYPE PROPOSED LOT Publicly owned and operated sanitary sewagesystem ( ) Privately owned and operated individual septictank (x ) Privately owned and operated communal septic system Privy Other means (specify) '11. \Men will water supply and sewage disposal services be available? \Â/hen new houses constructed () ()t What is the Existing Official Plan designation(s), if any, of the subject land? Hamlef 13.\Mrat is the Zoning, if any, of the subject land? Hamlet Residential IHR) Zone lhl 14.Has the subject land ever been the subject of an application for approval of a Plan of Subdivision oraConsentunderthePlanningAct? Yes(x) No( ) Unknown( ) lf Yes, and known, provide the application file numberând the deeision made on the application E 53/08, 54108lapsed. Aporoved lf this application is a re-submission of a previous consent application, describe how it has been changed from the origínal application This is a re-submission of E53/08 and E54l08 with some modifications. (a) Has the owner previously severed any land from this holding? 15. 16. Yes()No ( x) Staff Report D2009-41 regarding Keil Consents E79/09 and E80... Page 121 of 405 -3- (b) lf the answer to (a) is Yes, please indicate previous severances on the required sketch and supply the following information for each lot severed: i Grantee's name Relationship (if any) to owner Use of parcel Date parcelcreated 17. ls the owner, solicitor, or agent applying for additional consents on this holding simultaneously with this application, or considering applying for additional consents in the future? Yes (x) No ( ) 18. ls the subject land currently the subject of a proposed official plan or official plan amendment that has been submitted to the Minister for approval? Yes ( ) No (x ) ,t lf Yes, and known, specify the Ministry file number and status of the application 19. ls the subject land currently the subject of an application for a zoning byJaw amendment, Ministe/s zoning order amendment, minor variance, or approval of a plan of subdivision? Yes (x) No ( ) lf Yes, and known, speciff the appropriate file number and status of the application To remove heldinq provision 20. lstheapplicationconsistentwithpolicystatementsissuedundersubsection3(1)ofthePlanning Act? Yes (x) No ( ) 2'1. ls the subject land within an area designated under any provincial plan or plans? Yes ( ) No (x ) I lf yes, does the application conform to or conflict with the applicable provincial plan or plans 22. SKETCH: The application shall be accompanied by a sketch showing the following: - the boundaries and dimensions of the subject land, the part that is to be severed and the part that is to be retained; - the boundaries and dimensions of any land owned by the owner of the subject land and that abuts the subject land; - the distance between the subject land and the nearest township lot line or landmark, such as a railway crossing or bridge; t - the location of all land previously severed from the parcel originally acquired by the current owner of the subject land; - the approximate location of all natural and artificial features on the subject land and adjacent lands that in the opinion of the applicant may affect the application, such as buildings, railways, roads, watercourses, drainage ditches, river or stream banks, wetlands, wooded areas, well and septic tanks; - the existing use(s) on adjacent lands; - the location, width and name of any roads within or abutting the subject land, indicating whether ít is an unopened road allowance, a public travelled road, a private road or a right of way; - ¡f access to the subject land is by water only, the location of the parking and boat docking facilities to be used; - the location and nature of any easement affecting the subjecl land. Staff Report D2009-41 regarding Keil Consents E79/09 and E80... Page 122 of 405 23. ' The Owner/ApplicanflAgent hereby authorizes Land Division Committee members and the Corporation of the County of Elgin staff to enter onto the subject property for the purpose of Site inspections with respect to this application. 24. The ApplicanUOwner/Agent hereby consents to disclosure of the information contained in this Application pursuant to Section 32(b) of Bill 49, Chapter 63, S.O. 1989, being an Act to provide for Freedom of lnformation and Protection of lndividual Prívacy in Municipalities and Local Boards. Dated at the Municioalitu ote¡r**egJdJø &y,l AFFIDAVIT OR SWORN DECI.ARATION lrye €ts Fe L(/erner k"; /ofthe //Lnir.,b^/,,1q of & , Åo- in the countu otiË* é/eà solemnly declare that allthe information contained in this application is true, and lM/e make this solemn declaration conscientiously believing it to be true, and knowing that it is of the same force and effect as if made under Oath and by virtue of the CANADA EVIDENCE ACT. DECLARED before me at the Municioalitu x/fu/*,4 &Z 'in the Countv of Elqin this f 2n/ day of cCI^br-Signature Signature i'#l,if;'fiff*'"""' lf this application is signed by an agent or solicitor on behalf of an applicant(s), the owneds authorization must accompany the application. If the applicant is a corporation acting without agent or solicitor, the application must be signed by an officer of the corporation and the seal, if any, must be affixed. It is required that one copy of this application be filed, together with one copy of the sketch described, eof- EASURER, COUNTY OF ELGIN xing the consent stamp. SIGNATURE OF APPL|CANT(S), SOL|C|TOR OR AUTHORIZED , etc. y¡¡ç¡qET UNDERIIILIâ ¡ Conr¡i¡¡io¡cr¡ cE APPENDIX "A'' Staff Report D2009-41 regarding Keil Consents E79/09 and E80... Page 123 of 405 The County of Elgin Land Division Committee requires that, in addition to the ?pplication for Consent", the following information be completed for all applications: 1. Are there any barns located within 300 metres of the subject of this application? Yes ( ) No (x) lf the answer is "YES" are these barns:i) Now used for livestock?¡¡) Capable of being used for livestock? No No Yes Yes ()()()() NOTE: lf you answered "YES" to #1. PLEASE COMPLETE THE DATASHEET BELOW TO BE COMPLETED ln order to calculate the minimum distance separation, the following information is required for each livestock facility within 300 metres of the proposed severance and located on a separate lot: NAME TELEPHONE TOWNSHIP LOT CONC. TILLABLE HECTARES (where livestock facility located) Type of Livestock Maximum Housing Capacity Number per Year Manure System Housing System Liquid Semi- Dry check type DAIRY $ Cows $ Heifers0 Calves Tie Free Loose Stall Stall Open &B¿ 'otal SWINE $ Sows $ Boars $ Weanlingsô Feeders POULTRY Q Laying Hens $ Breeder Flock Q Pullets $ Chicken Broilers Q Turkey Broilers $ Turkey Hens $ Turkey Toms $ Roasters MINK - Females HORSES SHEEP-Rams&Ewes Caged On Floor VFAI EÂI VFS OTHER MÅNIIRF STôFIÂêF. DRY C)nen Pile ¡vered Flile ;raqeffth Buc-SEMI€OLID Ooen'Pile Wa ls LIQUID Covered Tank )en tsann ùiroe(P¡t Ê\uuvË \rt uut tu rJt tuuvEt gu Below Ground Uncovered af tÁ ank Staff Report D2009-41 regarding Keil Consents E79/09 and E80... Page 124 of 405 GOil.- lo LOT 6 'ú4'{-E'tl¡l4 l$'Ol-l 'þ*é -é @N q o R ) tüâe $ o E I IJ Þ¡) Agriculturat 5ee Mt'F St-ot- | -ffi ?* çri /'ü@' 9 5 Staff Report D2009-41 regarding Keil Consents E79/09 and E80... Page 125 of 405 ffi *Eû/09 Qou*t n^APPLICATION FOR CONSENT ority ELGIN COUNTY LAND DIVISION COMMITTEE Werner Kiel Address 11248 Culloden Road. RR#4. Avlmer. ON NsH 2R3 Telephone Number 51 9-866-3439 Name of owner's solicitor or authorized agent .EF;dåIbc- Address Telephone Number €{€#l?t Please specif, to whom all communications should be sent: Owners (N)Solicitor ( )Agent (tr) signs to owner (a) Type and purpose ofproposed transaction: (check appropriate space) Transfen X creation of a new lot Other: addition to a lot easement other purpose (b) Name of person(s), if known, to whom land or interest in land is to Ée transferred, leased or charged: llnknown charge lease conection of title Application #2 coi.ñåTY t)'.È ELtlliq -1 r.ANrt\Èfiúttl6f¡&iıYı{,ä:E 2. Name ofOwner (c) lf a lot addition, identify the lands to which the parcelwill be added: 4. (a) Location of land: Municipality Bavham Concession No. Lot(s) No. 6 Registered Plan No. _ Name of Street Culloden Road Street No. I 1248 (b) Are there any easements or restrictive covenants affecting the subject land? Yes ( ) No ( x ) lf Yes, describe the easement or covenant and its effect: Description of land intended to be severed: (Accurate Measurements in Metric) ParceL #2 Frontage 2L- Depth-é2--5m-- Area t742.2n2 Existing Use Residential Proposed Use Rgþiqe¡liai ,=,,,,,,, Number and use of buildings and structures (þoth existing g¡O proposefl) on tl19 land to be severed: -ri: i ,/'tR'=?a!q' /a.f 2- Frontage 36.1m Deoth 224n ' Are2 2.64ha,---_- 6. fl4v/3l g¡rísi¡hly.on:6 Staff Report D2009-41 regarding Keil Consents E79/09 and E80... Page 126 of 405 -2- 7. Number of new lots proposed (not including retained lots) L Type of access for proposed and retained lot: (check appropriate space) TYPE Provincial Highway Municipal road, maintained all year Municipal road, seasonally maintained Other public road Right Of Way Water access PROPOSED LOT () (x) () () () () RETAINED LOT () (x) () () () () lf proposed access is by water, what boat docking and parking fagilities are available on the mainland? (specifi7) 9. Wtat type of water supply is proposed: (check appropriate space) TYPE Publicly owned and operated piped water system Privately owned and operated individualwell Privately owned and operated communalwell Lake or other water body Other means (speciff) PROPOSED LOT () (x) () () RETAINED LOT () (x) () () RETAINED LOT () (x) () () What type of sewage disposal is proposed: (check appropriate space) TYPE PROPOSED LOT Publicly owned and operated sanitary sewagesystem ( ) Privately owned and operated individual septictank (x ) Privately owned and operated communal septic system Privy Other means (specify) 11. Wtren willwater supply and sewage disposal services be available? lÂ/hen new hnr rses ennsfn rr:fed () () 12.What is the Existing OfficialPlan designation(s), if any, of the subject land? Hamlef + 13. 14. Wtrat is the Zoning, if any, of the subject land? l-'lamlef Rasidcnfial IHR'l Tone /hl Has the'subject land ever been the subject of an application for approval of a Plan of Subdivision oraConsentunderthePlanningAct? Yes(x) No( ) Unknown( ) lf Yes, and known, provide the application file number and the decision made on the application F 53/nB 54lOB lansed Annroved lf this application is a re-submission of a previous consent application, describe how it has been changed from the original application (a) Has the owner previously severed any land from this holding? 15. 16 Yes()No ( x) Staff Report D2009-41 regarding Keil Consents E79/09 and E80... Page 127 of 405 -3- (b) lf the answer to (a) is Yes, please indicate previous severances on the required sketch and supply the following information for each lot severed: Grantee's name Relationship (if any) to owner Use of parcel Date parcelcreated 17. ls the owner, solicitor, or agent applying for additional consents oà tn¡, holding simultaneously with this application, or considering applying for additional consents in the future? Yes (x)No () 18. ls the subject land currently the subject of a proposed official plan or ofücial plan amendment that has been submitted to the Minister for approval? Yes ()No (x ) lf Yes, and known, specify the Ministry file number and status of the application 19. ls the subject land currently the subject of an application for a zoning by-law amendment, Minister's zoning order amendment, minor variance, or approval of a plan of subdivision? Yes (x )No () lf Yes, and known, specíff the appropriate file number and statusbf the application To remove holdino nrovision 20. ls the application consistent with policy statements issued under subsection 3(1) of the Planning Act? Yes (x )No() 21. ls the subject land within an area designated under any provincial plan or plans? Yes()No (x ) lf yes, does the application conform to or conflict with the applicable provincial plan or plans SKETGH: The application shall be accompanied by a sketch showing the folfowing: - the boundaries and dimensions of the subject land, the part that is to be severed and the part that is to be retained; - the boundaries and dimensions of any land owned by the owner of the subject land and that abuts the subject land; - the distance between the subject land and the nearest township lot line or landmark, such as a railway crossing or bridge; - the location of all land previously severed from the parcel originally acquired by the current owner of the subject land; - the approximate location of all natural and artificial features on the subject land and adjacent lands that in the opinion of the applicant may affect the application, such as buildings, railways, roads, watercourses, drainage ditches, river or stream banks, wetlands, wooded areas, well and septic tanks; - the existing use(s) on adjacent lands; - the location, width and name of any roads within or abutting the subject land, indicating whether it is an unopened road allowance, a public travelled road, a private road or a right of way; - if access to the subject land is by water only, the location of the parking and boat docking facilities to be used; - the location and nature of any easement affecting the subject land. 22. Staff Report D2009-41 regarding Keil Consents E79/09 and E80... Page 128 of 405 23. ' The Owner/ApplicanUAgenf hereby authorizes Land Division Committee members and the Gorporation of the County of Elgin staff to enter onto the subject property for the purpose of Site inspections with respect to this application. 24. The ApplicanUOwner/Agent hereby consents to disclosure of the information contained in this Application pursuant to Sectioñ 32(b) of Bill 49, Chapter ô3, S.O. 1989, being an Act to provide for Freedom of lnformation and Protection of lndividual Privacy in Municipalities and Local Boards. Dated at the Munícioalitu otæ (&'t4h0,m. aa"/dayof e"4 . 20ô?this SIGNATURE OF APPL|CANT(S), SOL|C|TOR OR AUTHORIZED AGENT AFFIDAVIT OR SWORN DECLARATION lrue *ee Uqto. k, / .t Í ginm intheCounty solemnly declare that allthe information contained in this application is true, and lArVe make this solemn declaration conscientiously believing it to be true, and knowing{hat it is of the same force and effect as if made under Oath and by virtue of the CANADA EVIDENCE ACT, DECLARED before me at the Municioalitv in the Countv of Eloin this E2,nd day of . A J^ Signature Mnl¡dp¿¡¡ry of8eybs¡!. lf this application is signed by an agent or solicitor on behalf of an applicant(s), the owner's authorization must accompany the application. lf the applicant is a corporation acting without agent or solicitor, the application must be signed by an officer of the corporation and the seal, if any, must be affixed. It is required that one copy of this application be filed, together with one copy of the sketch described, with the responsible person, accompanied by a fee of - fl $5d0.OO in cash or by cheque made payable to TREASURER, COUNTY OF ELGIN An additionalfee of SffiO|will be charged for affixing the'consent stamp. Signature , etc, MARGÂRET IINDERHILIa r connlsíoacr, cE D€pury Clerk ofthc Co¡Dor¡don of6e APPENDIX "A'' Staff Report D2009-41 regarding Keil Consents E79/09 and E80... Page 129 of 405 The County of Elgin Land Division Committee requires that, in addition to the i{pplication for Consent', the following information be completed for alf applications: 1 . Are there any barns located within 300 melres of the subject of this application? Yes ( ) No (x) lf the answer is 'YES' are these bams:i) Now used for livestock?¡i) Capable of being used for livestock? Yes()Yes()' 1l¡o ( )No() NOTE: lfyou answered "YES" to #1. PLEASE COMPLETE THE DATA SHEET BELOW TO BE COMPLETED ln order to calculate the minimum distance separation, the following information is required for each livestock facility within 300 metres of the proposed severance and located on a separate lot: TELEPHONE TOWNSHIP LOT CONC. TILLABLE HECTARES (where livestock facility located) REQUIREMENTS Type of l-ivestock Maximum Housing Capacity Number per Year Manure System Housing SystemLiquid Semi- Dry check type Tie Free Loose Stall Stall I BEEF lO cows t0 Calves Q Feeders 0 400-750 rb. 0 400-1100 tb.Ô 750-1100 tb. Open &B¿ 'otal SWINE Q Sows $ Boars $ Weanlings 0 Feeders POULTRY Q Laying Hens Q Breeder Flock Q Pullets Q Chicken Broilers Q Turkey Broilers Q Turkey Hens Q Turkey Toms Q Roasters MINK - Females HORSES SHEEP-Rams&Ewes Caged On Floor VFÂI (:ÂI VFS OTHER MANURE STORAGE: DRY Ooen Pile rvered I e SEMI-SOLID Open Pile orage wlth Buc Walls LIQUID uovered I anK )en Ear r S¡de(Prt ¡\OOVe IJTOUnO UnCOVereq I anK Below Ground Uncovered Tank Staff Report D2009-41 regarding Keil Consents E79/09 and E80... Page 130 of 405 GOü- ¡O LOT 6 'rn#{q-¡. }ha 3fF.Où-l H- House G-garage W-WeIl Sp -Septic S**"dP"f.d \ R€tainedParæI /// 4to R I ì t¡)ê't $ q) 9 5 Staff Report D2009-41 regarding Keil Consents E79/09 and E80... Page 131 of 405 MEMO To: From: cc: Municipality of Bayham Derek Dudek, MCIP, RPP Date: Steno: File No: September 2,2008 dd 3404-446 Subject:Keil - Proposed Consenús (11248 Culloden Road) 1 We have completed our review of the applications for severance (File E53/08 and E54l08) to submitted on behalf of Werner Keil, to create two residential building lots. The subject lands are located at 11248 Culloden Road, south of Eden Line, in the Hamlet of Corinth. The subject lands are a 3.0 hectare (7.4 acre) parcel of land designated "Hamlets" in the Official Plan and zoned Hamlet Residential- holding (HRthl) in Zoning By-law No. 2456-2003. No development may occur on these lands until such time as the holding symbol is removed. The applicant is intending to create two residential lots measuring 1990 m2 (0.5 acres) and 1708 m2 (0.4 acres) in area, with a retained lot area of 2.6 hectares (6.4 acres). The proposed lots would have frontages of 25 metres (82') and 28 metres (92') respectively, while the retained parcel would have a frontage of 36 metres (118'). The subject lands are characterized as a small remnant agricultural lot with an existing single detached dwelling and garage near the south side and front of the lot, amongst a landscaped area, including a large northerly side yard to a depth of approximately 61 metres from the edge of the right-of-way (Culloden Road). Beyond this landscaped area the lands are occupied by agricultural fields (soybeans, corn, alfalfa), which are also within the settlement area. Lands to the south and north are residential, while lands to the east and west are agricultural. There is no significant vegetation on the subject lands or surrounding areas, beyond landscape buffering on some of the surrounding residential lots. Section 4.3.2.5.6 outlines the criteria for the consideration of consents to sever land in the "Hamlets" designation. Our analysis of this criteria is as follows: . Consents shall be granted only in areas where the minor or no extension of any municipal service would be required The subject lands would not be serviced by municipal water or sewers, and there are no other foreseeable services that would be required for these lands. Staff Report D2009-41 regarding Keil Consents E79/09 and E80... Page 132 of 405 Municipality of Bayham 2 September 2,2008 Consents should be granted only when the land fronts on an ex¡st¡ng publ¡c road, wh¡ch is of a reasonable standard of construction. The severed lots would be accessed by Culloden Road, which is a paved County Road. Gonsents should have the effect of infilling in existing developed areas and not of extending the Hamlet area unduly. The subject lands are bounded by residential development to the north and south, and were anticipated for development by inclusion within the growth boundary of Corinth. The size of any parcel of land created by consent should be appropriate for the use proposed considering public services available and soil conditions, and in no case should any parcel be created which does not conform to the provisions of the Zoning By-law. Both proposed severed lots and the retained lot would comply with the appropriate minimum lot area (1390 m'?) and minimum lot frontage (22 metres) regulations of the Zoning By-law. lt is our understanding the Municipality will require proof of potable water and detailed septic system layouts as standard conditions for residential consents. There is no reason to suggest the lands would not be able to satisfy these requirements. Direct access from major roads should be restricted and residential lots should, where possible, have access only from internal residential roads. There is no planned internal road network within this area of the Hamlet of Corinth. The municipality is considering removing the interior portion of the retained lands from the Corinth growth boundary to protect them for long-term agricultural uses. Consents should not be granted for land adjacent to a road from which access is to be obtained where a traffic hazard would be created because of limited sight lines on curves or grades. The proposed lots are located on a flat, straight section of Culloden Road and would not likely create any traffic hazards. Consents should be granted only when the creation of the lot will not interfere with subsequent access to interior lands. Lands to the rear of the subject lands are accessed via Culloden Road as part of the proposed retained lot. Consenús for moftgage, estate, or other boundary adjustment purposes shall be permitted provided that they adhere to principles of good planning, do not cause land use conflicts and conform to the provisions of the Zoning By-law. This criterion is not applicable to this development application. Staff Report D2009-41 regarding Keil Consents E79/09 and E80... Page 133 of 405 Municipality of Bayham - 3 - September 2,2008 4. Based on the aforementioned information, we would have no object¡on to the creation of two (2) residential lots on these lands by way of consent in accordance with the "Hamlets" policies of the Official Plan. 5. Rezoning is required to remove the holding (h) symbol from these lands. The holding symbol was placed on these lands to ensure that entirety of the lands was developed properly when the subject lands and lands to the east were being considered for long{erm residential growth on an interior road network. Since this time, a number of factors has changed the long-term direction for the interior lands including: . Council supporting a move away from long-term growth through plans of subdivision on new internal roads, in un-serviced hamlets by re-designating interior portions back to "Agriculture", in favour of promoting development in areas adjacent to existing municipal services in partial or fully serviced urban areas; . An expressed desire by the landowner not to develop the interior lands for residential uses; and o The ability to still accommodate a minor plan of subdivision on the abutting lands to the east on a cul-de-sac where there remains development interest. Based on these factors, we would also be able to support the removal of the holding (h) symbol on these lands to allow the severance and subsequent development of these two lots. 7¿ \2^'Ll IBI GROUP Derek Dudek, MCIP, RPP Consulting Planner to the Municipality of Bayham J13404\446 Keil MV\PTMkei1200845-20 doc90084902\DD Staff Report D2009-41 regarding Keil Consents E79/09 and E80... Page 134 of 405 (r lBl Group 203-350 Oxford Street West London ON N6H 1T3 Canada tel 519 4727328 fax 519 4729354 D i'/ G-n Memorandum To/Attention From Subject 1,0 INTRODUCTION This memo is provides information to the Municipality of Bayham regarding the future role of Council, staff and the public, in the development of renewable energy projects. The attached Table 'l WIND ENERGY: Renewable Energv Approval summarizes the wind energy production classes, municipal and public consultation and the building permit requirements. Table 2 SOLAR AND BIO ENERGY: Renewable Enerqv Approval summarizes the classes and requirements for other energy sources. The municipal roles are summarized below. The energy project proponent will consult with the municipality on the following projects: Wind Energy: . Class 3 equalto/more than 50 kW and less than 102 dBA sound power . Class 4 more than 50 kW and more than 102 dBA sound power . Class 5 wind turbines located in lakes Solar Energy Class 3 more than 10 kW and ground mounted Anaerobic Digestion Facilities - Biogas: Class 3 any non-farm location Thermal Treatment - Biomass . Class 1 any non-farm location using exclusively woodwaste . Class 3 any non-farm location using biomass other than woodwaste The energy project proponent will require a building permit from the municipality for all large scale renewable energy projects. The following energy projects may not need building permits depending on the nature of the structure and building changes: . Class '1 wind less than 3 kW. . Class 1 solar less than 10 kW solar wall, roof or ground mounted. . Class 2 solar greater than 10 kW wall or roof mounted. Municipality of Bayham Date October 15, 2009 lBl Group - London Project No 3404 Green Energy Act: Role of Municipal Government in Renewable Energy Projects l:\Planning\GreenEnergyAct\Municipal Clients\PTMbayhamGEAmuniRole-2009-10-15.doc\2009-10-15 Memorandum dated October 15, 2009 from IBI Group regarding "... Page 135 of 405 lBl Group Memorandum Municipâlity of Bayham 2.0 BACKGROUND The Province has proclaimed the Green Energy Act and the associated Ontario Regulation 359/09 into law on September 24,2009. The legislation and regulations are now in full force and effect. The Ministry of the Environment continues to create the supporting forms and documentation for use by renewable energy developers. ln order to answer questions and help stakeholders through the new process, the Province has established the Renewable Energy Facilitation Office (REFO). This office will help to facilitate the transition to the Provincial Renewable Energy Approval (REA) process from the Planning Act approval process. With the removal of renewable energy projects from the Planning Acf, the role of municipal governments has changed from an approval authority, to that of administrative stakeholder of local/public infrastructure and servicing needs. The main responsibility of municipal government under the Renewable Energy Approval process will be completing a consultation form regarding local infrastructure/servicing needs prior to the developers application to the MOE for approval and the issuance of building permits for larger scale renewable energy projects. 3.0 WIND ENERGY The role of municipalities for wind energy projects will increase as the size of the wind energy project increases. The following paragraphs describe the class of wind project, the consultation and permitting role the municipality will have in each class. Where municipal consultation is required, it occurs before the application for REA is made to the Ministry of the Environment. Where a municipal building permit is required, it is issued by the municipality after the REA is issued by the Ministry. The Province has classified wind energy projects based on the electrical power output of the turbine(s). Class I turbines are micro-scale turbines that have a power output of less than, or equal to, 3 kW, suitable to supplement electrical power to one dwelling unit. Class 1 wind turbines (e.g. roof{op, micro-turbines) do not require a REA and are not likely require a building permit from the municipality. Class 2 wind turbines are small scale with a name plate capacity of greater than 3 kW and less than 50 kW and provide supplementary electrical energy to a farm or several dwellings. Class 2 turbines require a REA and a building permit from the municipality. Glass 3 wind turbines are large scale with a nameplate capacity of greater than, or equal to 50 kW but must have a sound power level less than 102 dBA providing power to a number of dwelling units with surplus power sold to the Ontario Power Authority. Minimum setbacks of 550 m to the nearest noise receptor apply to their location. The proponent is required to prepare background studies, consult with the municipality and conduct public meetings. This class requires a REA and the municipality will be responsible for issuing building permits. Class 4 wind turbines are large-scale commercial wind farms with a nameplate capacity equal to or greater than 50 kW and have a sound power level greater than 102 dBA. They are developed for the purpose of selling electrical power to the Ontario Power Authority. Minimum setbacks of 550 m to the nearest receptor apply to their location. Proponents are required to consult with the municipality, prepare background studies and conduct public meetings. Class 4 turbines require REA and building permits from the municipality. Memorandum dated October 15, 2009 from IBI Group regarding "... Page 136 of 405 lBl Group Memorandum Mun¡cipality of Bayham Class 5 projects include wind turbines or part of the project, which are located in direct contact with surface water other than a wetland. They can be of any power output and are developed for the purpose of providing electrical power to the Ontario Power Authority. Normally these projects will be located in the Great Lakes. The minimum 550 m setback to the nearest receptor will apply. Background studies, municipal consultation and public meetings are required. Building permits will be required for those portions of the wind farm project located within municipal jurisdiction. 4.0 SOLAR ENERGY The Province has created three (3) classes for solar facilities, again, based on their name plate capacity. Class I solarfacilities are micro scale, produce less than, or equalto, 10 kW and can be wall, roof or ground mounted. There is no REA required and a building permit may be required depending on the supporting structure definition in the Building Code. Class 2 solar facilities are small scale with a nameplate capacity greater than 10 kW and must be mounted on the roof or wall of a building. There is no REA required and a building permit may be required depending on the definition of the supporting structure in the Building Code. Class 3 solar facilities are large scale facilities with a nameplate capacity greater than 10 kW and may be wall, roof or ground mounted. They provide electrical power to the Ontario Power Authority. The proponent must consult with the municipality, conduct two public meeting, undertake background studies and obtain a REA. The municipaiity will issue building permits for these facilities. The Ministry of Energy and lnfrastructure has issued a directive to the Ontario Power Authority not to enter into power purchase agreements with solar facilities located on Canadian Land lnventory agricultural Class 1, Class 2 and Specialty Crop areas. A maximum of 500 MW of solar power may be located Canadian Land lnventory agricultural Class 3 lands to be distributed across the Province. Where lands permit non agricultural uses such as industrial, the directive regarding land classification does not apply. 5.0 ANAEROBIC DIGESTION - BIOGAS FACILITIES There are three (3) classes of anaerobic digestion facilities where the biogas from the anaerobic digestion process is used to generate electricity. The classes are divided based on the location and source of the material used to create the biogas. Class 1 and Class 2 anaerobic digestion facilities shall be located at a farm operation using organic matter, agricultural waste, farm material or source separated organics. They will generally be used to provide electrical energy to the farm on which it is located and send surplus energy to the electrical grid. Classes 1 and 2 require REA approvals but may be exempted if the have an approved nutrient management strategy or are exempted under other legislation. The municipal role is to issue building permits. A Class 3 anaerobic digestion facility may be placed at any location other than at a farm operation and will use biomass, source separated organics or farm material as the source material. These will be large scale power producers, requiring background studies, municipal and public consultation, and an REA. The municipality will issue building permits. Memorandum dated October 15, 2009 from IBI Group regarding "... Page 137 of 405 lBl Group Memorandum Municipality of Bayham The regulations set out minimum setbacks of 250 m for odour and noise m¡tigation. There are also provisions to complete studies to reduce the setbacks where appropriate odour mitigation is in place. 6.0 THERMAL TREATMENT - BIOMASS FACILITIES Thermal treatment facilities are defined as facilities where biomass material such as wood waste, grasses, etc. are burned to generate electricity. All classes are required to obtain a REA. Locations which are not on a farm require municipal and public consultation. A Class 1 thermal treatment facility uses only woodwaste for electrical production. Where it is located at a non- farm location municipal consultation is required. A Class 2 facility is located at a farm operation and uses any type of biomass for electrical production and does not require municipal or public consultation. A Class 3, thermal treatment facility is not located on a farm, uses any type of biomass, other than biomass consisting solely of woodwaste. lt requires municipal and public consultation. The municipalitywill issue building permits for all three (3)classes. 7.0 MUNICIPALCONSULTATION Where municipal consultation is required the renewable energy proponent will provide the information related to project impacts on municipal or local infrastructure and servicing. lnformation will be submitted to the municipal clerk. The Ministry of the Environment is preparing a consultation form which must be distributed to the municipality at least 90 days prior to the final public meeting on the project. lt has not been stated how the consultation process might be conducted. lt could include the proponent and staff meeting or a consultation at a Council meeting. Council should decide if this activity should be delegated to the responsible municipal staff or should Council review the matter and pass a council resolution to be attached to the consultation response. Where small scale renewable projects are not subject to REA there will be no municipal consultation. Where large scale renewable projects are proposed, Council may wish to take a more active role in the consultation process. The scope of the consultation will likely include the following areas: . Project area and property boundaries . Proposed road access locations . Location and type of municipal service connections required ¡ Traffic management plans during construction and operation . Construction and rehabilitation plans ¡ Emergency management procedures and response plan Memorandum dated October 15, 2009 from IBI Group regarding "... Page 138 of 405 lBl Group Memorandum Municipality of Bayham 8.0 PUBLIC CONSULTATION Where public consultation is required, two public meetings, on separate days, will be required. Prior to the first public meeting, the developer shall provide a draft project description report on a website. Notice of the first meeting will be published on two separate days of a newspaper with general circulation and to all property owners within '120 m of the project location 30 days before the meeting is held. The background documents to be submitted as part of the renewable energy application will be available in draft form at least 60 days before the final public meeting. They may be posted on a website and hard copies of the documents are available in the respective municipality where the project is to be located. Notice of the final public meeting shall be distributed at least 30 days before the meeting. The municipal and public consultation, comments and responses are submitted in a report form to the MOE as part of the renewable energy application. 9.0 RENEWABLE ENERGY APPROVAL (REA) - MOE Where a renewable energy project requires a Renewable Energy Approval (REA), the Director at the MOE is the approval body. The application may be granted, modified and issued with conditions. The Ministry will only accept complete applications that have conducted background studies and the required municipal and public consultation process. The service commitment goal of the Ministry is to complete the review and make a decision in 180 days. 9.1 Environmental Registry Website Posting After the project application is determined to be complete and accepted by the MOE, a notice of the application is posted on the Environmental Registry website. The public comment period of 45 days starts the day of the posting during which written comments can be submitted. The municipality and the public have the ability to comment on any proposal. Ministries reviewing the application must consider and respond to all comments received. During this period the MOE will circulate the application to associated ministries, review and decide on the application. After the MOE decision is made, notification is sent to the municipality, published in the newspaper and posted on the web site. 9.2 Appeal of the MOE Decision Where any third party is not satisfied with the MOE decision they can appeal the REA of a proposed renewable energy projectwithin 15 days of the posting on the Environmental Registry. The onus is on the appellant to demonstrate the proposed project will cause serious harm to human health or serious and irreversible harm to the natural environment. The appeal is heard by the Environmental Review Tribunal who will have six months from the day it is served with the appeal to hear the matter and decide to confirm, alter or revoke the approval granted. The municipality may choose to participate in the tribunal process where they have sufficient justification the project will meet the standard set out above. Memorandum dated October 15, 2009 from IBI Group regarding "... Page 139 of 405 lBl Group Memorandum Municipality of Bayham 10.0 coNcLUStoN The municipal role in renewable energy development has changed from an approval to a consultation function. The regulations establish minimum requirements for consultation and public meetings. Council can choose to delegate the consultation respons¡bility to staff or take an active role in the process. The municipality may also become involved in the REA process through comments on the Environmental Registry website or through the environmental tribunal process. lt is recommended that Council decide the level involvement prior to renewable energy proposals being received in the municipality. This will provide certainty to staff, the various proponents and the public. Should you have any questions please contact this office. William Pol, MCIP, RPP Consulting Planner to the Municipality of Bayham Attachments Table 1-Wind Energy Table 2 - Solar and Bio Energy Memorandum dated October 15, 2009 from IBI Group regarding "... Page 140 of 405 Table 2 - SOLAR & BIO- ENERGY: Renewable Energy Approval - Municipal Role Scale of Project / Description ls Municipal Consultation Required? Are Public Environmental Bill of Arc Building Meetings Rights Permits Required? MOE Website Post¡ng Required? M¡cro Wall, roof or ground mounted Large Ground-mounted solar PV energy produced for Ontario Power Authority yes Munic¡pality ¡s required to complete a consultation form to comment on infrastructure / servicing issues. Yes Two public meetings on separate dates . Biomass grown or harvest; r Biomass agricultural waste; o Farm material on a farm operation Yes, No where nutrient management strategy applies Organic matter consisting of any biomass or a combination of biomass and farm material Source separated organics Yes / No where nutrient management strategy applies Glass 3 at any location other than at a farm operation Biomass Source Separated Organics Farm Mater¡al Yes Yes Municipality is requ¡red to complete Two public meet¡ngs a consultat¡on form to comment on held on separate infrastructure / servicing issues. dates Biomass consisting solely of woodwaste B¡omass cons¡st¡ng solely of woodwaste Any type of b¡omass, other than b¡omass consisting solely of woodwaste Any type of biomass, other than b¡omass consisting solely of woodwaste Yes Two public meetings held on separate dates l:\Planning\GreenEnergyAct\Municipal Clients\PTT-SolarBioREAchartRole-2009-10-06 M e m o r a n d u m d a t e d O c t o b e r 1 5 , 2 0 0 9 f r o m I B I G r o u p r e g a r d i n g " . . . P a g e 1 4 1 o f 4 0 5 CORPORATION OF THE MIJNICIPALITY OF BAYTIAM STAFF REPORT TO: Mayor & Members of Council FROM: GerÐ'LeMay, Manager Public Works SUBJECT: Angle Parking -Pt. Burwell DATE: November 5,2009 FILE:'-Îoa NUMBERIPW 2009-23 Purpose This report will advise Council of the discussions held with The Port Burwell Chamber of Commerce regarding angle parking on some existing streets. Background The Port Burwell Chamber of Commerce expressed some concems with parking in Port Burwell and suggested angle parking on Wellington Street (County Road # 42) in order to allow for tourism parking during the summer months. The Public'Works Department met with Chamber of Commerce representatives October 14 and looked at the request to find a viable solution to tourism parking. Staff Comments The Manager of Public Works indicates that the boulevard is designed as a clear zone for pedestrians and a snow storage area and the boulevard requested is 4.5 meters in depth, which would have parked vehicles some .5 to 1.5 meters into the travelled portion of the roadway. In contacting the County, as this is a County Road, they expressed no desire to have angle parking on V/ellington St. Our solution is to place several Parking signs making the tourist park in the Marine Museum in order to accommodate the situation. A suggestion of a Parking lot in the lower levels behind the stores on Robinson St was not supported by the Chamber. Goal #2 (Ensure reliable, well maintained and secure infrastructure) subsection 3 we have meet this parameter of the priorities with this By-Law ensure a standard system for the Municipal roadways. Attachments 1. Suggested placement of Parking signs and directional arrows to Museum Parking Strategic Plan Goal(s) l. Goal #2 - Ensure reliable, well maintained and secure infrastructure Recommendation THAT report PW 2009-23 be received for information. Respectfully Reviéwed By. / Gêrrv LeMav./Public Works Staff Report PW2009-23 regarding Angle Parking - Port Burwel... Page 142 of 405 -lJ-' I I ,._JI I I J I Iit f *'" \2 DROVI Il¡¡ ¡r¡Éo G,t¡¡ F" I6 S t a f f R e p o r t P W 2 0 0 9 - 2 3 r e g a r d i n g A n g l e P a r k i n g - P o r t B u r w e l . . . P a g e 1 4 3 o f 4 0 5 CORPORATION OF THE MIJNICIPALITY OF BAYHAM STAFF REPORT TO: Mayor & Members of Council FROM: Administrator DATE: October 27,2009 FILE: TOì Gþ^ SUBJECT: Road Closure Application - Chestnut Street Allowance NUMBER: PR2009-17 Purpose This report is further to a request received that the Municipality consider closing and conveying a portion of the Chestnut Street road allowance between Edison Drive and Elm Street in Vienna. Background Staff have received a request to close and convey an unopened portion of the Chestnut Street road allowance from two abutting property owners. The applicants are interested in acquiring the road allowance to add to their current properties. Staff Comments Council practice in applications for closure and conveyance of unopened road allowances has required the applicant pay all surveying, legal, and advertising costs, along with an administrative fee of $350. In addition, Council has considered the conveyance price on an individual basis. The applicants have been advised of these requirements, and indicate that they wish to proceed. In regard to the conveyance, it is reasonable to set a price for conveying the lands in this case, as there are no extenuating circumstances evident (ie: exchange of lands etc). Atthe expense of the applicants, the value of the lands has been established with the assistance of an appraiser. Staff have carried out a preliminary review, and do not foresee future municipal use for the lands in question. There may be issues for drainage and hydro to be addressed. The process required under Municipal procedures will include public notice to determine if other issues may exist. Staff therefore do not see any barrier to proceeding, subject to the following: . That the property be conveyed at avalue to be determined by appraisal. That the applicant agree to pay necessary expenses (in full) including any required legal, survey, advertising, administrative and appraisal costs. That owners of lands abutting the road allowance be afforded opportunity to acquire the allowance to the mid-point It is suggested that the Municipality initiate closure procedures in accordance with the municipal notice by-law and proceed subject to any public comments that may come forward in the public process. Attachments 1. Sketch of subject unopened road allowance Recommendation THAT staff be directed to initiate required procedures pursuant to the Municipal notice by-law to close an unopened portion of the Chestnut Street road allowance between Edison Drive and Elm Street in Vienna, provided the applicants pay required expenses, and that upon closure of the road, the lands be to the abutting property owners at appraised value. , Administ Staff Report PR2009-17 regarding Road Closure Application - ... Page 144 of 405 r"..Ë t I-rl I I I ú--) I t¡¡ul É ,r-O;.-1 I\i ¡¡LUt il¡ql \:rÊrc !ôo\-oÐ3'lo ,f-éop ,-oØÞ.aor Ø/.a'F a!EEN I.l I I t I ttJ I I I la l-_¡ t-: àj : lo. ) ' 'l-_ ' 110 l--l¡l l¡¡ É, 11, 4 -nF--.-ç' -_É-t,È- - 1- --{-\s-- --I--1---t l lro l' I ll_^- -:lr.tI t ,Þ'¡ I I-l I --{- - -1--T- --l---r---\ -- --,f--'l---1--i :--+--+----f- --r\ -.."o - -!.- Gs# fr re7 'qt"t". ¡::!o{'¡;:J\ .tu- - - ^\ :t'i,!ìt--- \ -;,1i'.çl " \Tf'p to F',@'t,PZ f-*r'ryrt-,- STREgf (*^::: ,fl. ool--". '{. -;.-rÑ oo' ,l\,,Ë"; - -Þ-r-- l ''þo Ð-- Ï?'4tso ?.^"t SÉE TIAP S t a f f R e p o r t P R 2 0 0 9 - 1 7 r e g a r d i n g R o a d C l o s u r e A p p l i c a t i o n - . . . P a g e 1 4 5 o f 4 0 5 CORPORATION OF THE MUNICIPALITY OF BAYHAM STAFF REPORT TO: Mayor & Members of Council DATE: October 27,2009 FROM: Administrator FILE: -lıq Con 3 SUBJECT: Road Closure Application - Lots 10 and 11 Concession 3 NUMBER: PR2009-1f, Purpose This report is fi.rther to a request received that the Municipality consider closing and conveying a portion of the unopened road allowance between Lots 10 and 11 in Concession 3. Background Staff have received a request to close and convey a portion of the unopened road allowance between lots 10 and 1l in concession 3, from one abutting property owner. The road allowance extends from Vienna Line to the Otter Creek. The applicants are interested in acquiring the road allowance, at least to its mid-point, to add to their current properly. Staff Comments Council practice in applications for closure and conveyance of unopened road allowances has required the applicant pay all surveying, legal, and advertising costs, along with an administrative fee of $350. In addition, Council has considered the conveyance price on an individual basis. The applicants have been advised of these requirements, and indicate that they wish to proceed. In regard to the conveyance, it is reasonable to set a price for conveying the lands in this case, as there are no extenuating circumstances evident (ie: exchange of lands etc). The value of the lands would be established with the assistance of an appraiser. Staff have carried out a preliminary review, and do not foresee future municipal use for the lands in question. There may be an additional issue to address regarding a given road at the northerly section of the subject road allowance, and the need to address hydro. The process required under Municipal procedures will include public notice to determine if other issues may exist. Staff therefore do not see any barrier to proceeding, subject to the following: . That the property be conveyed at avalue to be determined by appraisal. That the applicant agree to pay necessary expenses (in full) including any required legal, survey, advertising, administrative and appraisal costs ' That owners of lands abutting the road allowance be afforded opportunity to acquire the allowance to the mid-point It is suggested that the Municipality initiate closure procedures in accordance with the municipal notice by-law and proceed subject to any public comments that may come forward in the public process. Attachments l. Sketch ofsubject unopened road allowance Staff Report PR2009-18 regarding Road Closure Application - ... Page 146 of 405 Staff Report PR2009-18 regarding Road Closure Application - ... Page 147 of 405 r'(>ô¿-oA\.âô il-R-6389 02- o't? lE-sz Ac.. lìR-\o\z ?,.hfÎP LOT il !P+ ¡ 06- o5b 33,00 Ac. LOT t2 o¿-o{3 It.Oô Àc. 02- ots 61.15 Ae, -]- \ +a YI¿LAGE 11651 rß1 I 8-os'l o8-ose 50.OO Àc. o8 - o53 84.¿o \o, oô- 05B 35,53 Ac. 2 I I LOT IO -7tÀc ¡ oo2.oÀ\ coNe ESSTON o2-012-01 llR- 16'l t Ît*rs ll2 oÊ- tot 8¿.00 hc, JldÉr ßor! rog-rot turfo Xús L¡irl æ lôâo lorstOB-too rr o¡.<lú ãV. æ b!- Roqtog-oåB lrnr q îrnlt Fh DÉ¿D. h ff bÎ rDat 06- too 5O.OO Ac. 5*(3".1 A.''.Å: coNCESStôN Staff Report PR2009-18 regarding Road Closure Application - ... Page 148 of 405 EVENT ROAD CLOSURE REOUBST FORM lThis form must be submitted to Council at leas@ Name of Organization Making Request - Name of Special Eveht -Slesf,r"KDDlLLE $ az,tf,< (LA us Pa KA D{ Cr.n u, D.. e,n A<.r )a j-.oo ?Date of Special Event - Start-time of Event -1o 3o 4a4 Finish -/ ,'ao /*t ^ Route - (Also provide map) Ònt Snur*t Stàn o{ rlu,-rr'.o /!;n - "not'-,u oo =ont * Ñuo Maximum Number of peo le expected to attend - Kuo @tr' ttr le-' -AoàTKöt- ¿a) /tañ< $ v Specific Request @oad Closure, Traffic Control etc.) L V Any Special Needs - Applicant Organizationts Authorized Member Name dr Signature "//-¿A,, áL'r. S¡) t,<¿zv B-ik¡x(er,raQç Ä,þg Municipal Representative Signature - Elgin-St. Thomas EMS Duty Manager Fax: 519-637-3484 Phone: 519-637-3098 Tillsonburg Fire Dispatch 80 Concession Street East Tillsonburg, ON N4G - 428 Phone: 519-842-2905 (non-emergency #) Fax: 519-842-2190 Central Ambulance Communications Centre 1510 Woodcock Street, Suite #20 London,ON N6H5S1 Phone: 519-66I-1784 Fax: 519-661-1799 Event Road Closure Request Form from Straffordville Santa Cl... Page 149 of 405 CORPORATION OF THE MUNICIPALITY OF BAYIIAM STAFF' REPORT TO: FROM: SUBJECT: The Court of Revision Mayor & Mernbers of Council Bill Knifton No.l Municþal Drain Court of Revision DATE: November 5,2009 FILE: E09 No.l Drain NUMBER: DR 2009-009 Purpose: This report is to provide for a Court of Revision hearing in connection with the No.l Municipal Drain. Background: On Thursday October 15,2009, in accordance with Section 78 of the Drainage lcr, R.S.O. 1990, the Council of the Corporation of the Municipality of Bayham adopted Engineer Report #206065 dated June 26, 2008 as pre,pared by Spriet Associates for the No.l Municþal Drain. Further to Section 46 of the Drainage ActrCouncil, on Thursday, October 15, 2009, gave first and second reading to Provisional ByJaw #2009-ll2 to adopt the drainage works included in the aforementioned Report and to authorize the Municþality to borrow, if required, the monies necessary to carryout 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 Draínage 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 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 type of use of land. The owner may 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, byresolution 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. If an appeal is heard with regard to an over assessment and the Court of Revision is satisfied that the assessment should be reduced, then the Court of Revision shall adjoum the hearing of the appeal for a time sufficient to enable the Clerk to notiffbymail such persons as the appellant may specifr who are shown by the last revised assessment roll to be owners of land affected of the date to which the hearing is adjourned, and the Clerk shall notify all such persons of an adjoumed hearing and redistribute the revised assessments. l2 Staff Report DR2009-009 regarding No. 1 Municipal Drain. Page 150 of 405 Staff Report #DR2009-009 2 November 5,2009 Section 53 of the Drainøge Act specifres 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 sufEcient time to notiffbyprepaid mail such persons of concem. 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(1) of the Drainage Act states anyparty 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 Acl 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 maypass a Provisional ByJaw authorizing the construction of the drainage works. Further, drainage work may be commenced ten days after the by-law is passed if no Notice of Intention to make application to quash the by-law has been filed with the Clerk. Staff Comments: Subsequent to the first and second readings of the Provisional By-Law #2009-112, on October 15,2009, Spriet Associates has prepared tender documents and sent requests for bids to a selected goup of Drainage Contractors. Tenders bids are to be received by November 5, 2008 As of October 26,2009, the Clerk has received appeals from Giovina & Daniel Vandevyvere , Della Howey and Robert Gregson. Copies of their letters of appeal are attached for your perusal. The Court of Revision has no authority to change the engineer's report in any way other than to alter the schedule of assessments. If one assessment is reduced, others must be increased. Section 52(2) of the Drainage Act allows the Court of Revision to accqlt appeals to be heard that are filed late if the court passes a resolution to hear such appeals if they choose to do so. Recommendations: In the event that the received appeals a¡e found to be without merit, it is recommended that the Court of Revision consider the following resolution: .(TIIAT the Court of Revision for the No.l Municipal Drain hereby confirms the assessments as per the EngÍneer's Report #208321dated September 2812009." Respectfully submitted, Bill Knifton Staff Report DR2009-009 regarding No. 1 Municipal Drain. Page 151 of 405 Giovina and Daniel Vandevlvere 57447 Heritage Line RR I Straffordville ON NOJ lYO October 22,2009 Mr. Bill Knifton Drainage Superintendent, Bayha¡n Municipal Offrce 9344PlarkRoad PO Box 160 Straffordville, On NOJ lYO To Whom it may concern, We as the owners of 57447 Heritage Line are appealing the assessment. Given the information on the drainage we are in no need of this and the cost is way out of budget. We have no drainage issues on our land, no water problems and farmers are making little to no money so why would we or should I say the township borrowing monies against our will. The cost to adopt the drainage should fall on the township and home owneni that a¡e in need of more drainage. The government should help farmers not spend unnecessary monies. Sincerely, Giovina and Daniel Vandevyvere i::Ìjiì:t::.:;,i, ï í¡'- :.:l'iilí¡i¡i Staff Report DR2009-009 regarding No. 1 Municipal Drain. Page 152 of 405 October 26,2009 APPEAL OF ASSESSMENT TO: COURT OF REVISION CONCERNING TT{ENO. 1 MUNICIPAL DRAIN IN TTIE MUNICIPALITY OF BAYHAM DRAINAGE ACT R.S.O. 1990, CIIAPTER D.17, SECTION 46 RE: PT. LOT 13l. ROLL NO. 4-0066-01 (D. HOWEÐ Please review my assessment. Note that I am indicated as owning 0.356 hectares and I have been assessed on the schedule for 0.36 hectares. Please refer to Plan. My property shown on The Plan as No 47 is on the very edge of the benefit a¡ea indicated by Spriet Associates Limited and in fact is not even indicated as being all in the benefrt area on the Plan. However, in reviewing the assessment even though I am the farthest away from both the Main Drain and Branch B, I am being assessed for the full property owned and in fact at a higher rate than other properties of slightly larger size that are much closer to the drains and obviously in an area that would actually benefit from this work. (eg. Pt l-ot 128, Roll No. 4-104-02 at .38 hectares and Pt Lot 129, Roll No. 4-107-00 at .37 hectares. Both properties are much closer to the drains). Considering the fact that my property is clearly not benefiting from any of this worlç please review as I do not feel I should be assessed for the cost when there will be no benefit to my property. Thank you for your consideration ofthe above. Yours truly, fûiflo ¡1 Della L. Howey 57565 Heritage Line Staffordville, On NOJ lYO Staff Report DR2009-009 regarding No. 1 Municipal Drain. Page 153 of 405 Staff Report DR2009-009 regarding No. 1 Municipal Drain. Page 154 of 405 CORPORATION OF THE MTJNICIPALITY OF BAYHAM STAFF REPORT TO: Mayor & Members of Council FROM: P. Groeneveld, Fire ChieflCEMC SIIBJECT: Animal Control By-law DATE: November 5,2009 FILE: P16 NUMBER: P2009-006 Purpose Present a draftAnimal Control By-law for consideration by Council. Background In October 2008 Council instructed staff develop an animal control by-law to regulate the keeping of animals in the municipality. Municipal Scan Søff conducted a survey of other municipalities to analyse the level of animal control in neighbouring municipalities and larger municipalities. Appendix "A" provides an overview of regulations for the control of animals in surveyed municipalities. Municipal By-laws As part of the municipality's Strategic Plan staff commenced a regulatory review of existing by-laws. Staff noted the following By-laws pertaining to animal control: Township of Bayham By-law #l125 (December 4, 1944) . Pound keeper andpound fees . Prohibition to permit running at large of livestock and poultry Village of Vienna By-law #691 (June 3, I97l) . Permitted keeping of livestock and domestic fowl providing the owner erected a fence to keep animals from running at large . Other imposed conditions to facilitate removal of waste, draining of standing water and condition of buildings used to harbour such animals Village of Port Burwell ByJow #94-09 (þril 12, 1994) . Prohibited of keeping a horse, cow, mule, donkey, pony, sheep, goat or swine . Prohibited of keeping chicken, goose, turkey, duck and domestic fowl . Permitted keeping of homing pigeons (20 winter, 40 summer) . Permitted keeping of five or less cats, guinea pigs, hamster, mouse, rat,rabbit, chinchilla, ferrets or turtle . Permitted the keeping of two or less non-venomous snakes, lizards and spiders Staff Report P2009-006 regarding Animal Control By-Law and D... Page 155 of 405 Animal Control By-law Municipality of Bayham . Permitted the keeping of five or less birds . Prohibited keeping of wild or non-domesticated animals . Provision to permit keeping of prohibited animals and fowl if person was legally keeping such animal at time of passing of By-law Municipality of Bayham ByJaw #99-82 ln1999 the Municipality of Bayham enacted By-law #99-82to prohibit and regulate the keeping of exotic animals in the municipalþ. StaffComments Staff has received and investigated anumber of complaints regarding the raising of livestock within the municipality, including urban areas. Livestock has included goats, an exotic snake and chickens. The municipahty has a small number of residents located within the urban boundaries (Offrcial Plan) of the municipality who have been harbouring livestock for a considerable amount of time. Some municipalities are considering or have implemented by-laws to permit the harbouring of specific animals (e.g. chickens (hens) in urban areas). Staffsuggests there is a greater percentage of municipalities prohibiting livestock in urban areas than those who permit such activity. Staff has received correspondence from residents supporting and opposing the harbouring of livestock in urban areas of the municipality. Staff conducted research into the pros and cons of raising livestock in an urban environment. Staff attached reports from the Region of Waterloo Public Health Unit and Residential Urban Chicken Keeping: An Examination of 25 Cities. Staff contacted OMAFRA to ascertain if they could offer information to the pros and cons of urban livestock. Staff has not received a response to date. The Elgin-St. Thomas Health Unit has indicated they would have concerns about livestock in urban areas. The Health Unit has specific concerns around the tlueat of communicable disease, the management of manure and slaughtering of animals. A further discussion with the Health Unit has not been pursued at this time. Proposed Bv-law 2009-071 Staffreviewed a number of other municipal animal control by-laws to determine which animals are commonly regulated within urban areas. Staffdrafted the proposed by-law based on the intent of the Village of Port Burwell By-law, other municipal by-laws and Council's direction. Staff drafted the attached By-law with input from the municipality's legal advisor. The proposed By-law regulates: . All animals except cats and dogs. Dogs are currently regulated under a separate By-law. . Permits existing animals harboured in urban areas to be harboured until removed from the property or the animal has lived out its life, providing the owner registers such animals with the municipality by December 31, 2009. Staff Report P2009-006 regarding Animal Control By-Law and D... Page 156 of 405 Animal Control Bylaw Municipality of Bayham Includes provisions for meeting the requirements for the Accessibilityþr Ontarians with Disabilities Act, 2005. Incorporates the existing regulations for exotic animals. Options 1. Enact proposed Bylaw 2009-071, being a By-law to Regulate and Control Animals, in the Municipality of Bayham. 2. Direct staff to conduct further analysis and surveys of other municipal animal control by-laws to permit specific types of animals to be harboured in urban areas of the municipality as approved by Council. 3. No action at this time. Strategic Goals Goal #4 - Be dedicated to service excellence. Recommendation re1¡l[f staff report #P2009-006 regarding Animal Control By-law be received; AND THAT By-Law No.2009-0071 being a By-law to Regulate and Control Animals be presented to Council for enactment." Staff Report P2009-006 regarding Animal Control By-Law and D... Page 157 of 405 Appendix A - Municipal Survey - Animal Control Regulations Municipality Regulating Bv-Law Brief Overwiew Tillsonburg, Town of Yes -Animal Prohibits cows, goats, all swine and sheep, and wild animals. Permits horses, donkey and mules on property with proper zoning (e.g. fair grounds). Permits other animals including fowl, snakes, birds and domesticated animals (e.g. hamster) to a maximum of two per residence. Permits homing pigeons to maximum of twentv-fow. Niagara Falls, City of Yes -Animal Permits chickens (max. 10 after July 2005), rabbits (max. 6 after July 2005), exotic animals (restrictions apply) Brampton, City of Yes - Animal Prohibits all animals except, rabbit pigeon, game fowl and domestic fowl providing owner is registered with a recognized club or orgarization (e.g. Canadian Union of Racing Clubs, Brampton and Peel County Poultry, Pigeon and Pet Stock Association, Ontario Poultry Confederation). London, City of Yes - Animal Prohibits wild and exotic animals, chicken, goose, turkey, duck and domestic fowl, horse, donkey, goat, cow, pig, sheep and pony. Permits pigeons to a maximum of 60 in the summer. Permits a maximum of two domestic pets (e.g. cats, guinea pig), snakes, and domestic birds. Aylmer, Town of Yes - Animal Prohibits the keeping of bees, horse, cow, donkey, mule, pig, goat, sheep, goose, turkey, chicken, duck, snake, reptile, cougar, fox, wolf, skunk, raccoon or wild animal. Permits domestic fowl or livestock on lands where keeping of same is a permitted use in Planning Act. Norwich, Township of Yes - Zoning Permits the keeping of two livestock units consisting of either horses or beef animals in urban areas. All other animals prohibited. Central Elgin, Municipality of Yes - Zoning Prohibits residential land being used for keeping of bees, horses, cow, donkey, mule pig, goat, sheep, goose, turkey, chicken, duck, pigeon, rabbit, snake, reptile, cougar, fox, wolf, skunk, raccoon or wild animal. Norfolk County Yes - Zoning Prohibits animals in residential areas. Malahide, Township of Yes - Zoning Prohibits livestock in residential areas. Southwest Oxford, Township of Yes - Animal Cunently permits in residential area.In the process of changing By-laws to prohibit in residential areas. S t a f f R e p o r t P 2 0 0 9 - 0 0 6 r e g a r d i n g A n i m a l C o n t r o l B y - L a w a n d D . . . P a g e 1 5 8 o f 4 0 5 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW 2009471 Being a ByJaw to Regulate and Control Animals WHEREAS Section ll, of the Municipal Acf, S.O. 2001,c.25,as amended, authorizes local municipalities to pass by-laws respecting maffers with Health and Safety and wellbeing of persons and matters respecting animals; AND \üHEREAS the Council of The Corporation of the Municipality of Bayham deems it desirable to pass a by-law regulating or prohibiting the being at large or trespassing of animals, provide for the seizure and impounding of animals being at large or trespassing contrary to the byJaw and for the sale of impounded animals; NOW THEREFORE, the Council of The Corporation of the Municipalþ of Bayham enacts as follows: SHORT TITLE: This By-law may be cited as the "Animal Control By-law". Part 1 1 DEFINITIONS: Inthis Bylaw, 1.1 "Animal" means any member of the animal kingdom other than a human, but does not include dogs, cats or fish; 1.2 "By-law Enforcement OfÏicer" means an officer or designate, who is appointed by Council and whose duties include the enforcement of this By-law; 1.3 "Corporation" shall mean The Corporation of the Municipality of Bayham; 1.4 "Council" shall mean the Council of The Corporation of the Municipality of Bayham; 1.5 "Dwelling Unit" shall mean a single room or series of rooms of complementary use which are located in a building in which food preparation, eating, living, sleeping and sanitary facilities are provided for the exclusive use of the occupants thereof; which has a private entrance directly from outside the building or from a coÍlmon hallway or stairway inside the building; and in which all occupants have access to all the habitable areas and facilities of the unit. Staff Report P2009-006 regarding Animal Control By-Law and D... Page 159 of 405 Animal Control By-law Municipality of Bayham 1.6 "Keep" shall mean owns, possesses or harbours; and "keeps" shall have the same meaning. 1.7 ttOwner" includes a person who keeps, possesses or harbours an animal and where the owner is a minor, the person responsible for the custody of the minor; 1.8 "Pet Shop" shall mean an establishment engaged in the retail sales of animals. 1.9 "Pet Shopkeeper" shall mean a person who has the charge, care or ownership of a pet shop. 1.10 "Premises" includes the entire lot on which a single dwelling unit is situate; or a dwelling unit within a multi-dwelling unit building, but does not include common areas adjacent to a multi- dwelling unit unless those common areas are completely enclosed. 1.1I "Schedules' means the schedules attached to this by-law which may be amended, added to or deleted from time-to-time and which Schedules shall form part of this by-law; l.l2 *Seryice or companion animal" means an animal is a service animal for a person with a disability(a) if it is a guide dog as defined in section lof the Blind Persons Rights'Act.(b) if it is readily apparent that the animal is used by the person for reasons relating to his or her disability; or(c) if the person provides a letter from a physician or nurse confirming that the person requires the animal for reasons relating to the disability. (Accessibility for Ontarians with Disabilities Act, 2005 - O. Reg. 42917 ss4(8) & (9) l.l3 "Urban Area" means any lands designated as "Hamlet" shown on Schedule Al, and lands within the boundaries as shown on Schedules B, C and D of the Official Plan of the Corporation of the Municipality of Bayham. Part2 2 Classes of Animals Animals shall be ranked according to the classes set out in this Part of this By-law. 2.1 "Class I animal" shall mean cow, goat, all swine and sheep; 2.2 "Class 2 arimal" shall mean horse, pony, donkey and mule; 2.3 "Class 3 animal" shall mean chicken, goose, turkey, duck, pigeons or other fowl, domestic or otherwise; 2.4 "Class 4 animal" shall mean homing, pouter, racing or tumbler pigeons; Staff Report P2009-006 regarding Animal Control By-Law and D... Page 160 of 405 Animal Control By-law Municipality of Bayham 2.5 "Class 5 animal" shall mean guinea pig, hamster, mouse, rat, rabbit, chinchilla, ferrets and turtle with a shell20 centimeters (8 inches) in diameter or less; 2.6 "Class 6 animal" shall mean non-venomous snakes, non-venomous lizards and non-venomous spiders; 2.7 "Class 7 animal" shall mean any animal of a type that is normally found in a wild and natural state, whether or not it has been bred and/or raised in captivity and includes but is not limited to bear, wolf, coyote, crocodile, alligator, bobcat, lynx, mountain lion, cougar, lion, monkey, fox, skunk, kangaroo, eagle, hawk, elephant, weasel, raccoon, venomous lizañ, venomous snake, venomous spider, all birds the keeping of which is prohibited in the Endangered Species Act, S.O. 2007, C.6, and regulations thereto and all animals the keeping of which is prohibited in the Fish and Wildlife Conservation Act,1997 artd regulations thereto. Part 3 3 Application of By-law Exemptions 3.1 This By-law shall not apply to an animal hospital, clinic or boarding kennel operated by a duly qualified veterinarian, where all animals are kept within a brick, stone or concrete building. 3.2 This By-law shall not apply to animals maintained in a public park, zoo, fair, exhibition or circus operated or licensed by a municipal or other government authority. 3.3 This ByJaw shall not apply to those persons or organizations designated by Council as Animal Control Officer, Canine Control Offrcer and/or Pound Keeper. 3.4 This ByJaw shall not apply to persons licensed by the Province of Ontario as a Wildlife Custodian and/or Foster Parent for orphaned animals such as squirrels, chipmunks, raccoons, opossums, skunks, ground hogs and small birds, excluding hawks and eagles. 3.5 The right to keep, harbour or possess a prohibited animal pursuant to this provision expires when the said animal dies or is removed from the premises. 3.6 Section 3.5 shall only apply to a prohibited animal pursuant to this ByJaw providing the owner registers the prohibited animal with the Municipality on or before December 31,2009. 3.7 This By-law shall not apply to owners of a Service or Companion Animal. Staff Report P2009-006 regarding Animal Control By-Law and D... Page 161 of 405 Animal Control By-law Municipality ofBayham Part 4 4 Prohibited Matters 4.1 No person shall permit an animal to run at large. 4.2 No person shall permit any animal to trespass on any property. 4.3 Notwithstanding any of the provisions of this by-law, no person shall keep any animal, the keeping of which is not permitted under any statute of Ontario or Canada. 4.4 No pet shopkeeper shall keep or permit to be kep in any pet shop, an animal of a class, the keeping of which is prohibited by the byJaw. Part 5 5 Class I Animal (cow, goat, all swine and sheep) 5.1 No person shall keep a Class I animal within an Urban Area of the Municipalþ of Bayham. Part 6 6 Class 2 Animal (horse, pony, donkey and mule) 6.1 No person shall keep a Class 2 animal within an Urban Area of the Municipality of Bayham. Part7 7 Class 3 Animal (chicken, goose, furkey, duck, or other fowl domestic or otherwise) 6.1 No person shall keep a Class 3 animal within an Urban Area of the Municipality of Bayham. Part I 8 Class 4 Animal (homing, pouter, racing or tumbler pigeons) 8.1 No owner of a Class 4 animal shall keep more than forty (40) banded Class 4 animals on a premise located in an Urban Area of the Municipalþ of Bayham between October of one year and March of the following year. Staff Report P2009-006 regarding Animal Control By-Law and D... Page 162 of 405 Animal Control ByJaw Municipality of Bayham 8.2 No owner of a Class 4 animal shall keep more than sixty (60) banded Class 4 animals on a premise located in an Urban Area of the Municipality of Bayham between April and October of any year. 8.3 No owner shall keep more than two (2) unbanded Class 4 animals at any time. 8.4 Except as otherwise provided in this By-law all Class 4 animals kept within the municipal boundaries of the Municipalþ of Bayham shall be confined to a building, structute, coop, loft, pen or run which shall meet the requirements set out in sections 8.5 to 8.14 of this Part. 8.5 Every building, structure, coop, loft, pen or run in which Class 4 animals are kept shall have a height of not less than 1.5 meters and a floor a¡ea of not less than 1.25 square metres for each pair of pigeons therein. 8.6 Every building, structure, coop, loft, pen or run in which Class 4 animals are kept shall have adequate ventilation having regard to the number of pigeons kept therein. 8.7 Every building, structure, coop, loft, pen or nrn in which Class 4 animals are kept shall have a clear space between the ground and the underside of the floor of not less than 30 centimetres. 8.8 Every building, structure, coop, loft, pen or run in which Class 4 animals are kept shall have a floor with a surface which is impervious to moisture. 8.9 Every building, strúcture, coop, loft, pen or mn in which Class 4 animals are kept shall be maintained by regular painting of the exterior or by permanent siding, and all loft equipment shall be kept under cover. 8.10 Every building, structure, coop, loft, pen or run in which Class 4 animals are kept shall be located a minimum of twelve (12) metres from any school, church, public hall, store, dwelling or premises used for human habitation, other than premises occupied exclusively by the o\ilner or keeper of such animals or members of hisÆrer immediate family. 8.11 Every building, structure, coop, loft, pen or nrn in which Class 4 animals are kept shall be located a minimum of three (3) metres from the boundary line between the owner's property and all adjacent property. 8.12 Every owner keeping Class 4 animals shall lime-wash, paint or disinfect the inside walls and ceilings of all buildings, structures, lofts, pens, coops or runs, (other than an outside run enclosed only with wire), at least twice ayear. 8.13 Every owner keeping Class 4 animals shall remove and dispose of in a sanitary manner at least twice each week, all pigeon droppings, reflise and dropped or scattered feed within or adjacent to all such buildings, structures, coops, lofts, pens or runs, including outside runs enclosed only with wire, provided, however, that this regulation shall not apply when below freezing temperatures prevent removal and disposal. 8.14 Every owner keeping Class 4 animals shall store all feed in rodent-proof containers. Staff Report P2009-006 regarding Animal Control By-Law and D... Page 163 of 405 Animal Control ByJaw Municipality of Bayham 8.15 Every owner keeping Class 4 animals shall take all reasonable measures to prevent such animals from trespassing on any land, except as otherwise provided in this By-law. 8.16 Class 4 animals shall be kept enclosed at all times, except during a maximum of two flight periods daily, when no more than half the total number of animals of the class being kept by any one owner shall be at large at any one time and such flights shall be governed by the regulations set out in sections 8.17 to 8.19 of this Part. 8.17 During the period from April I to September 30 of any year, all flights shall take place before 9:00 o'clock in the morning or after 5:00 o'clock in the aftemoon. 8.18 During the period from October I of one year to March 3l of the following year, all flights shall take place before 10:00 o'clock in the morning or after 3:00 o'clock in the afternoon. 8.19 All flights shall take place under the supervision of the owner of such animal or a competent person on his behalf. 8.20 When a bona fide flight is conducted by an organization recognized by a Council resolution, the regulations set out in sections 8.16 to 8.19 of this Part do not apply. 8.21 In this Part the term "flighf' shall mean an animal under this Pa¡t is airbome and the distance of travel exceeds the boundary of the property where the animal is kept, harboured or possessed. Part 9 9 Class 5 Animal (guinea pig, hamster, mouse, rat, rabbit, chinchilla, ferrets and tunle with a shell 20 centimeters (8 inches) in diameter or less) 9.1 No owner shall keep more than two (2) Class 5 animals in an urban area in the Municipality of Bayham. 9.2 The new born or young of any Class 5 animal may be kept for a period not exceeding two (2) months after birth. 9.3 No owner shall keep a turtle with a shell larger than 20 centimetres (8 inches) in diameter within an Urban Area of the municipality. Part 10 10 Class 6 Animal (non-venomous snakes, non-venomous lizards and non-venomous spiders) l0.l No owner shall keep more ttran two (2) Class 6 animals in an urban area in the Municipality of Bayham. 10 Staff Report P2009-006 regarding Animal Control By-Law and D... Page 164 of 405 Animal Control By-law Municipality of Bayham 10.2 No owner shall keep a non-venomous snake that exceeds on overall length of 60.96 centimetres (24 inches). 10.3 No owner shall keep a non-venomous lizardthat exceeds an overall length of 30.48 centimetres (12 inches). Part 11 11 Class 7 Animal (bear, wolt lion, bobcat, cougar, tiger, lynx, ocelot, wildcat, pum4 crocodile, alligator, venomous snake, constricting snake, venomous lizard,venomous spider) I1.1 No owner shall keep a Class 7 animal within the Municipalþ of Bayham. Part 12 12 Enforcement l2.l In the event of any conflict between the provisions of this ByJaw and any other general or special byJaw, the provisions of this ByJaw shall prevail. 12.2 For the purpose of this By-law, the By-law Enforcement Officer may enter onto any public property or may enter onto any private property and into the structures thereon with the consent ofthe owner or occupant. 12.3 The ByJaw Enforcement Officer may commence a proceeding in Provincial Offences Court by filing a Certificate of Offence or Information/Summons. 12.4 It is declared notwithstanding that any section of this By-law or part thereof may be found by a court of competent jurisdiction to be invalid, unenforceable or ulüa vires than such section shall conclusively be deemed to be servable and all other sections or parts of this By-law are separate and independent there ûom and enacted as such. 12.6 In this ByJaw, unless the conüary intention appears, words importing only singular number or masculine gender shall include more persons, parties or things of the same kind than one and the feminine or neuter gender. Part 13 13 Offence 13.1 Every person who contravenes any provision of this By-law is guilty of an offence and on conviction is liable to a fine as provided for in the Provincial Ofences Act. 13.2 The Court in which the conviction has been entered, and any court of competent jurisdiction thereafter, may make an order prohibiting the continuation or repetition of the offence by the person ll Staff Report P2009-006 regarding Animal Control By-Law and D... Page 165 of 405 Animal Control By-law Municipality of Bayham convicte{ and such an order shall be in addition to any other penalty imposed on the person convicted. 13.3 Each day during which there is a breach of this ByJaw shall be regarded as a separate and distinct offence and any persor\ who continues in breach of this By-law, may be charged for each separate day during the continuation of the offence. Part 14 14 Enactment and Repeals l4.l This By-law shall come into firll force and effectupon final passing. 14.2 The following By-laws are repealed upon enactment of this ByJaw: amended, being a By-law to Regulate and Control Dogs READ A FIRST AlilD SECOND TIME this day of ,2009. Mayor Clerk READ A THIRD TIME AND PASSED this day of ,2009. Mayor Clerk 12 Staff Report P2009-006 regarding Animal Control By-Law and D... Page 166 of 405 Residential Urban Chicken Keeping: An Examination of 25 Cities Missoula Residents with their backyard chickens. Source: http://www.missoula.com/n ewsl nodel226 KT LaBadie CRP 580 Spring 2008 University of New Mexico May zth 2oo8 Staff Report P2009-006 regarding Animal Control By-Law and D... Page 167 of 405 2 Staff Report P2009-006 regarding Animal Control By-Law and D... Page 168 of 405 Abstract City councils across the United States and Canada are increasingly being faced with the task of deciding whether or not to allow chicken keeping in residential backyards. In many cases this issue has two opposing sides: those citizens who want to keep chickens for egg production and those citizens who are concerned about the effects of chickens on their communities. This paper provides an analysis of pro-chicken ordinances from 25 cities in an effort to define the components of a just and well functioning chicken ordinance. Of the 25 ordinances, no two were identical but a variety of common regulatory themes were found across cities. Based on these findings, some considerations are suggested when forming an urban chicken keeping ordinance. Staff Report P2009-006 regarding Animal Control By-Law and D... Page 169 of 405 Introduction "I can't say that I would have envisioned chickens as an issue, but I've heardfrom a lot ofpeople about them, and it seems like it's something maybe we ought to pay a little attention to." I - Stacy Rye, Missoula City Councilwoman It's happening right now in cities across the United States and Canada. Community members are organizing themselves into groups and approaching their city councils about an important urban planning issue: chicken keeping in the city. This question of whether or not cities should allow backyard chicken keeping has increased substantially over the past 5 years as citizens become more interested in participating in their own food production. The issue has appeared recently before city councils in Missoula', Halifax3 , and Madison4, and a case is currently pending in Ann Arbor, Michigans. In many cases this interest in backyard chicken keeping has been met with much opposition and city councils often do not know how to begin approaching the issue. The recent increase in urban backyard chicken keeping has come about for three main reasons. First, the local food movement itself has become very popular which has sparked a new interest for many in backyard food production. Since chickens are one of the smaller protein producers, they fit well into a backyard food production model. Second, rising energy and transportation costs have caused concern over increases in food costs, and backyard eggs offer a cheaper solution as they do not have to travel far to reach the plate. Lastly, many citizens are becoming increasingly concerned about food safety, and with meat recalls and other animal industry issues in the news, backyard chickens offer many a safer solution. For these reasons, backyard chickens have become t Moore, Michael. Urban Chickens Scratching up a Controversy in Missoula. . Available online at htç : //www.missoula.com/ne w s I node I 226 'Medley, Ann and Jonathan Stumph. Video: Missoula Squabbles Over Urban Chickens. Available online at http://www.newwest.net/city/article/missoulas-urban-chicken-squabble/C8/L8/ 3 CBC News. Halifax to Study Chickens in Cities. Available online at http ://www.cbc. cay'consumer/story/2O08/021 12 I chicken-report.html a Harrison-Noonan, Dennis. Urban chicken keeper, Madison, Wisconsin. Interviewed on April 8, 2008. 5 Kunselman, Steve. City Councilor (wa¡d 3) Ann A¡bor, Michigan. Interviewed on April 29,2008. Staff Report P2009-006 regarding Animal Control By-Law and D... Page 170 of 405 increasingly popular, but not everyone likes the idea of chickens living in their neighborhood. There are generally two sides to the chicken keeping issue: those who are for allowing Gallus domesticus in residential backyards, and those who are opposed. There are a variety of reasons why people want to keep chickens, ranging from having a safe source of protein to gaining a closer relationship to the food they consume. Those who are opposed to backyard chickens however, often express concerns about noise, smells, diseases, or the potential for chickens running loose. There is also debate between the two sides as to the appropriateness of chickens in a city environment and if chickens qualify as pets or livestock. Chicken keeping in urban environments is nothing new, but it is now something that needs to be planned for in all major cities and small towns across the United States. As the interest in the local food movement continues to increase, and as citizens become more interested in growing their own food, municipalities will eventually be faced with the issue of regulating backyard chicken keeping within their city limits. Planning for chickens can either be pro-active on the part ofthe city council and planning staff, or reactionary as citizens will eventually bring the issue to city hall. Municipalities often do not know how to approach the chicken keeping issue, and this paper serves to provide some insight through an analysis of urban chicken ordinances from across the United States. Research Methods The main goal of this paper was to analyze how residential backyard chicken keeping is regulated through the examination of chicken ordinances from a variety of cities. To achieve this, data was gathered through the examination of residential chicken ordinances, as well as through a variety of interviews, newspaper articles, video footage, and other resources. Residential chicken ordinances from over 30 cities were gathered, however only 25 of the cities allowed the keeping of chickens, so only those were used in the analysis (see Staff Report P2009-006 regarding Animal Control By-Law and D... Page 171 of 405 Appendix A). The ordinances were sourced from city web sites, online web ordinance databases, and other online sources (see Appendix B). In a few instances calls were made to city planning depanments to verify language in the ordinances. Interviews were conducted with the following city officials, urban chicken keepers, and urban food/gardening community organizations : ' Steve Kunselman, City Councilor (ward 3) Ann Arbor, Michigan. He proposed pro-chicken ordinances for Ann Arbor, which are being voted on in May of 2008. . Thomas Kriese: An urban chicken keeper in Redwood, CA and writer about urban chickens at http://myurbanchickens.blogspot.com/ . Dennis Harrison-Noonan, urban chicken keeper, Madison, Wisconsin. He was involved in the adoption of pro-chicken ordinances for Madison. ¡ Debra Lippoldt, Executive Director of Growing Gardens, Portland, OR These interviews served to provide personal insights into urban chicken keeping, stakeholder positions, and the urban chicken movement. The interviews were also crucial in receiving feedback about chicken ordinances and the process involved in legalizing chicken keeping. Analysis Of the 25 cities evaluated, no two were identical in their restrictions and allowances (see chart of detailed findings in Appendix A). There were, however, common regulatory themes that emerged from the set evaluated. These coflrmon themes are as follows: . The number of birds permitted per household ' The regulation ofroosters . Permits and fees required for keeping chickens ' Chickenenclosure/containmentrestrictions . Nuisance clauses related to chickens ' Slaughteringrestrictions . Coop distance restrictions in relation to homes or property lines The findings of the above commonalities, as well as unique regulations that emerged, are discussed in detail below. The ease and accessibility of finding the ordinances is also discussed. 6 Staff Report P2009-006 regarding Animal Control By-Law and D... Page 172 of 405 Number of Birds Permitted Of the 25 cities evaluated, only 6 had unclear (or not specifically stated) regulations on the numbers of birds permitted, while 13 stated a specific number of birds. Of the remaining, 3 cities used lot size to determine the number of chickens permitted, 2 cities used distance from property lines as a determining factor, and 1 city placed no limit on the number of chickens allowed. Over half of the cities evaluated stated a specihc number of allowable chickens, which ranged from2 to 25 birds. The most common number of bi¡ds permitted was either 3 or 4 birds, which occurred in 8 cities. The most coÍrmon number of birds permitted was 3 or 4, which will supply on average between I and2 dozen eggs per week. Depending on the size of the family in the household, this may be sufficient. In some cases however, 3 to 4 birds may not be enough for larger family sizes or allow for giving away eggs to neighbors. In cities where it is legal to sell your eggs at farmers markets, 3 or 4 birds would not be sufficient. So what is a good number of chickens to allow in residential backyards for home consumption? Thomas Kriese, an urban chicken keeper who writes online about chicken keeping and ordinances, feels that no more than 6 birds should be permitted. "That's approximately 3 dozen eggs a week which is a LOT of eggs to consume, plus that's a lot of food to go through, and excrement to clean up," he stated in a personal correspondence.6 The answer of how many birds to allow is not an easy one, as other factors such as average property sizes and controlling for nuisances should be considered. A good example of how to address the issue surrounding the number of birds is Portland, Oregon's chicken ordinance. Portland allows the keeping of 3 birds per household; however you are allowed to apply for a permit to keep more (See Appendix A). In this case the ordinance is flexible, as a sufficient number of birds are permitted outright, and those wishing to keep more can apply to do so. 6 Kriese, Thomans. Urban chicken keeper, Redwood City, CA. Personal correspondence on April 28, 2008. His coverage ofurban chicken ordinances is available online at htç ://myurbanchickens.blogspot.com/ Staff Report P2009-006 regarding Animal Control By-Law and D... Page 173 of 405 Reguløtion of Roosters The regulations regarding roosters were unclear in 14 cities and in 7 cities the keeping of roosters was not permitted. Of the remaining 4 in which the keeping of roosters was permitted, I city allowed roosters if kept a certain distance from neighbors residences, 1 allowed roosters only under 4 months of age, 1 allowed a single rooster per household, and 1 placed no restrictions. Many cities choose to not allow the keeping of roosters, as neighbors often complain about the crowing which can occur at an! hour of the day. Since one of the main reasons people choose to keep chickens is for the eggs, which roosters do not provide, it is generally accepted to only allow hens. In the case of Albuquerque, New Mexico, 1 rooster is allowed per household but it is still subject to noise ordinances (see Appendix A). So in this case, you can keep your rooster if your neighbors do not mind the crowing. This does allow people to have more choice, however it can also increase the costs associated with enforcing noise complaints. Permits and Fees The regulation of chickens through city permits and fees was unclear in 11 of the cities evaluated, while 4 required no permits or associated fees, and 10 required permits, fees, or both. The fees ranged from $5.00 to $40.00, and were either 1 time fees or annual fees. Of the 10 that required permits/fees, 3 required permits only if the number of birds exceeded a set amount which ranged from 3 to 6 birds. In two instances, it is also required that the birds be registered with the state department of agriculture. Requiring a permit for chickens is no different than requiring one for dogs and cats, which is the case in most cities. From the perspective of affordable egg production however, attaching alarge fee to the permit undermines that purpose. ff a fee is too steep in price, it can exclude lower income populations from keeping chickens by increasing the costs of egg production. Fees may be necessary however to cover the associated costs for the municipality to regulate chickens. Another option, which was the approach of 3 cities, was to allow a certain number of birds with no permit/fee required, and anything Staff Report P2009-006 regarding Animal Control By-Law and D... Page 174 of 405 above that required a permilfee. This allows equal participation and lowered costs, while still providing revenue for the regulation of larger bird populations. Enclosure Requirements In 9 cities thê ordinances were unclear in regards to enclosure requirements or the allowance of free roaming chickens. Of the remaining, 2 had no restrictions and 14 required that chickens be enclosed and were not permitted to "run at latge". In one case, the approval of a coop building plan and use of certain materials was required. Over half of the cities evaluated required that chickens be enclosed, and this regulation can help to alleviate the concerns of neighbors. Many chicken keepers want to keep their chickens confined in a coop and outdoor run, as this helps to protect them from predators. However, it is very restrictive to require confinement of chickens at all times, as many keepers enjoy watching their chickens free range about the yard. Just as there are regulations for leashing your dog, so too could there be regulation for only allowing chickens to roam in their own yard. Requiring a building permit with specific material requirements, is also restrictive to lower income populations, and takes away from the sustainability of keeping chickens for eggs. In many cases, chicken coops are built with scrap materials and suit the design needs of the owner. Requiring a specific design or materials takes those choices away from the chicken keeper. Coops should be treated similar to dog houses, which are generally not subject to this type ofregulation. Nuisance Clauses There were a variety of nuisance regulations stated in 17 of the cities evaluated, while the remaining 8 cities had unclear nuisance regulations. The nuisances that were stated in the 17 ordinances included one or more of the following: noise, smells, public health concerns, attracting flies and rodents, and cleanliness of coops/disposal of manure. Chicken keeping alone does not cause the nuisances listed above, but rather they result from improper care and maintenance which can sometimes occur. 9 Staff Report P2009-006 regarding Animal Control By-Law and D... Page 175 of 405 A properly shaped ordinance can prevent potential nuisances by establishing clear guidelines for chicken care and maintenance, such as only allowing smaller sized flocks and not permitting roosters. An active community led education campaign, such as chicken keeping classes and coup tours, is another way in which to educate the public to ensure proper care and reduce the potential for nuisances. In many cities, chicken keeping community organizations have helped to educate the public on how to properly keep chickens within the limits of the law, thereby reducing nuisances and complaints. Slaughtering Re strictions Regulations regarding the slaughtering of chickens in residential areas were unclear in 19 of the cities evaluated. Of the remaining, 4 allowed slaughtering of chickens while 2 stated it was illegal to do so. This regulatory theme had the highest level of unknowns, most likely due to the issue not being included in the ordinance, or it being stated in another section of the general animal ordinances, and not referring specifically to chickens. Although slaughtering chickens within city limits seems gruesome to some, others may wish to slaughter their birds for meat. Rogers, Arkansas for example, only allows the slaughtering to take place inside (Appendix C), which could help prevent neighbor complaints about the process. Allowing for slaughtering however, may also have its benefits, such as being a solution to aging urban chickens that no longer produce eggs. Distance Restrictions Distance restrictions between the location of the chicken coop and property lines, or coop and nearby residences, were stated in 16 of the ordinances evaluated. There were no restrictions in 3 of the ordinances and 5 were unclear. Of the 16 with distance restrictions , 12 were distances required from residences, while 3 were distances required from property lines. The distance required from property lines ranged from 10 to 90 feet, while the distances from residences ranged from 20 to 50 feet. ff a city chooses to have distance restrictions, the average lot sizes need to be taken into consideration. For example, Spokane, WA has a property line distance restriction of 90 t0 Staff Report P2009-006 regarding Animal Control By-Law and D... Page 176 of 405 feet (see Appendix A), which may be impossible to achieve in many residential yards. This large of a requirement would prevent many people from keeping chickens. The lower distance requirements, such as l0 or 20 feet Íìre more feasible to achieve for those with smaller lot sizes. Distance requirements to neighboring homes (vs. property lines) are also easier achieve as the distance considers part of the neighbors property in addition to the chicken keepers property. Unique Regulations All 25 ordinances evaluated had some combination of the above common themes, but there were also some unique regulations that one (or a few) cities had related to residential chicken keeping. These unique regulations are as follows: . Chicken feed must be stored in rat proof containers . Pro-chicken regulations are on a l-year trial basis with only a set number of permits issued until the yearly re-evaluation. ¡ For every additional 1,000 sq. feet of property above a set minimum, 1 additional chicken may be added to the property. ' The allowance of chickens in multi-family zoned areas (allowance in single family zoning is most common) r Coops must be mobile to protect turf and prevent the build up of pathogens and waste. . Chickens must be provided with veterinary care if ill or injured ' Minimum square footage requirements per bird for coop/enclosure The unique regulations listed offer some innovative solutions to possible issues such as pests and waste, as well as defining minimum space and health care standards for chickens. Some of these regulations also allow for more flexibility, such as extending the right to keep chickens to those living in multifamily dwelling units or allowing more birds on larger property sizes. In the case of Portland, ME, the permitting of chickens is on a trial basis, which may be a good option if a city wants to reevaluate residential chicken keeping after a certain time frame. 11 Staff Report P2009-006 regarding Animal Control By-Law and D... Page 177 of 405 Locating and Understanding the Ordinances Of the 25 pro-chicken ordinances, very few were actually easy to locate. In most cases, pages of code had to be searched in order to find the regulation and even then the chicken ordinances were often vague, incomplete, or regulations were spread throughout multiple sections of the code. This is an issue that should be considered, as unclear or ha¡d to find ordinances can only lead to increased non-compliance. The most easily accessible chicken ordinances were those specifically stated on city web pages, and those found through websites and literature from urban gardening organizations or coÍrmunity groups. One example of easily accessible ordinances is that of Rogers, Arkansas (Appendix C). Their chicken ordinance is not only easily accessible directly from the city website, but it is also clear and comprehensive. A clearly stated and easily accessible ordinance allows resident to know how they can keep chickens within the limits of the law, which can reduce complaints and other issues related to non- compliance. Findings and Recommendations "Issues such as rodent control are a real concern and the ordinance can have a positive influence on keeping an already urban issue from being exacerbated any more than it already is". - Debra Lippoldt, Executive Director of Growing Gardens, Portland, OR7 The original question for this paper was "What is a good urban chicken ordinance?" This was based on the idea of examining a variety of ordinances and then singling out those that were better than most and could serve as an example. After having conducted the analysis however, the question was changed to "What are the good components and considerations that make up a just and functional urban chicken ordinance?" There is no superior "one size fits all" ordinance to regulate urban chickens, as each city has different physical, environmental, social, and political needs. Although each ordinance will be different from one city to the next, a pro-chicken ordinance should be built upon the following considerations: 7 Lippoldt, Debra. Executive Director of Growing Gardens, Portland, OR. Personal Correspondence on April 8, 2008. t2 Staff Report P2009-006 regarding Animal Control By-Law and D... Page 178 of 405 It satisfies the needs of most stakeholder groups and acknowledges that some stakeholders on both sides of the issue will be unwilling to compromise It does not discriminate against certain populations, such as those of lower incomes who can not afford high permitting fees, or those with smaller property sizes It allows for flexibility and provides choice, such as giving chicken keepers the right to choose their own coop design and building materials It allows for citizen input and participation in the ordinance forming process to assure that the ordinance fits the needs of , and is supported by the community It recognizes the role chickens can play in developing a more sustainable urban environment r It recognizes the importance of the ordinance being clearly stated and easily accessible to the public, which will help ensure compliance and reduce violations. The general considerations above are a good compliment to the specific allowances that each municipality chooses to fit its needs and that of its citizens. These specifics however can be more difficult to choose and looking to other cities as examples can provide insight into the best possible choices. The evaluation of 25 different chicken ordinances showed a wide spectrum of choices that municipalities have made in the regulating of chickens. Looking at the number of chickens permitted, for example, cities ranged anywhere from2 chickens to unlimited chickens. Only allowing for 2 chickens may not be an ideal choice, as they are social creatures and if one were to become ill an die, only one chicken would be left. Two chickens also do not produce enough eggs for alarger sized family. On the other hand, allowing for unlimited chickens may mean increased nuisance enforcement, or allowing for that many chickens may be met with increased public opposition. Often the average allowances found (not the most extremes) are the best choices of an example regulation for other cities to look to when considering the formation of their own chicken ordinance. In the case of the cities evaluated, the most common allowance was 4 to 6 birds, which can provide enough eggs for a family and does not highly increase the potential for nuisances. It also allows for a more sustained population if a bird becomes ill and dies. 13 Staff Report P2009-006 regarding Animal Control By-Law and D... Page 179 of 405 Another example of the middle ground being a good option would be permitting and fees for keeping chickens. In some cities there were high fees for permitting, while in others no fee or permit was required. A few cities, which only required permits and fees if you have over a certain number of birds, show a good middle ground for how to permit chickens. That model allows for citizens to keep a certain number of chickens without added costs, while also creating revenue for enforcement and regulation when people choose to exceed that amount. Many cities are concerned over increased costs if chicken keeping is legalized, and this is one way to alleviate those concerns while still allowing citizens to keep chickens. In some of the regulatory themes, such as in the examples above, the middle ground does provide a choice which can alleviate concerns while still allowing for the keeping of chickens. Other regulatory themes, such as the slaughtering of chickens, may come down to more of a yes of no answer, as was seen in many of the cities. In either case, if a city is going to adopt a pro-chicken ordinance, the most important part is to first allow for the keeping of chickens, with the understanding that the ordinance can be revisited and changed at a future time. Allowing for the keeping of chickens is the best way to see if the concerns surrounding chicken keeping ever come to fruition, and the ordinance can then be adjusted accordingly. In many cases, cities adopt a more restrictive ordinance as that is what will pass public approval and city council. Then as time passes with few complaints or nuisances, those regulations become more relaxed and tailored specifically to the needs of the city and its residents. Conclusions "It seems that if we want to be a town that does its part for sustainability, this is something we ought to consider. I think we want to allow folks to use their good judgment and move toward more sustainable food practices." Mayor John Engen, Missoula, MT I Many cities and towns are now looking at how they can be more sustainable, and allowing urban chickens is one step towards that goal of increased sustainability. Not I Moore, Michael. Urban Chickens Scratching up a Controversy in Missoula. Available online at http ://www. missoula. com/ne w sl r,ode / 226 t4 Staff Report P2009-006 regarding Animal Control By-Law and D... Page 180 of 405 only can backyard chickens provide residents with a fresh and important food source, but they also bring about an increased awareness of our relationship to the food cycle. By forming a just and well thought out pro-chicken ordinance, cities can allow citizens the right to keep chickens while also addressing the concerns of other stakeholder groups. With that said, city councils should approach the issue of urban chicken keeping with a "how" rather than a "yes" or "no", as a growing list of pro-chicken cities across the nation shows that it can be done successfully. 15 Staff Report P2009-006 regarding Animal Control By-Law and D... Page 181 of 405 References (References lor 25 City Ordinances: See Appendix B) CBC News. Halifax to Study Chickens in Cities. Available online at http ://www.cbc. calconsumer/story/2008 / 021 lzlchicken-report. html Harrison-Noonan, Dennis. Urban chicken keeper, Madison, Wisconsin. Interviewed on April S,2008. Just Food. City Chicken Project. City Chicken Guide. Information available online at htç ://www j ustfood. org/city'arms/chickens/ Kunselman, Steve. City Councilor (ward 3) Ann Arbor, Michigan. Interviewed on April 29,2008. Kriese, Thomans. Urban chicken keeper, Redwood City, CA. Personal correspondence on April 28,2008. His coverage of urban chicken ordinances is available online at http : /imyurb anchickens.blogspot. com/ Lippoldt, Debra. Executive Director of Growing Gardens, Portland, OR. Personal Correspondence on April 8, 2008. Medley, Ann and Jonathan Stumph. Video: Missoula Squabbles Over Urban Chickens. Available online athtTpl,llwww.newwest.net/citylarticle/missoulas-urban-chicken- squabble/C8/L8/ Moore, Michael. Urban Chickens Scratching up a Controversy in Missoula. . Available online at http://www.missoula.com/news/n ode/226 16 Staff Report P2009-006 regarding Animal Control By-Law and D... Page 182 of 405 Appendix A 25 Ordinances Analyzed City/State # of birds narmítlad Roosters ¡llnwa¿{ PermiV D€rm¡t cosl Enclosure reoulred NUtSance clause Slaughter oermitted Property l¡ne restrictions Details or unique reduletions Los Angeles, CA unclear only if 100 fl from naiahhnrc unclear unclear Yes unclear 20 ft from owners home, 35 ft from neiohhors Rogers, AK 4 No $5/yr Yes Yes inside only 25 ft from neiohbors house Keywest, FL unclear Yes None Yes Yes No No Can't use dropp¡ngs as fertilizer, feed must be stored in rat proof nônlâinêrq Topeka, KS unclear unclear unc ear Yes Yes unclear 50 ft from neiohbors house South Portland, ME 6 No $2Slyr Yes, building permit reauired Yes unclear Yes On trial basis till November 2008, only 20 permits issued till vearlv evaluation Maorson, wt 4 No $6/yr Yes Yes No 25 ft from neiohbors house New York, NY No limil No Yes No Yes unclear No Albuquerque, NM 15 1 per hnr ¡cchnld None No Yes Yes No Portland, OR 3 without nermil unclear $31 one t¡me fee for 4 + Yes Yes unclear unclear Seattle, wA 3 unclear unclear unclear Yes unclear '10 ft from property line 1 acld¡tional chicl(en per 1,000 sq ft of property above minimum Spokane, WA r per 2,000 sq ft of land unclear unclear unclear unclear unclear 90 ft from property line Chickens allowed in multi{amily zoned areas San Antonio, TX property line dcncndcnl unclear unclear unclear unclear unclear 20 ft m¡nimum from another dwallino 5 birds allowed 20 ft from home, 12 birds al 50 ft, 50 birds at 1 50 ft Honolulu, Hl 2 unclear uncleal unclear unclear unclear unclear Oakland, CA unclear No unclear unclear unclear unclear 20 ft minimum from another dwellino St. Louis, MO 4 max. w¡thout ncrmil unclear $40 permit for more than 4 birds unclear unclear unclear unclear uan urego, CA 25 unclear unclear unclear Yes unclear 50 ft from ncinhhnrc hnr rco Feed must be stored in rat oroof container San Jose, CA oepenoenl on coop to property line only roosters < 4 months old permit needed for 6 or more birds Yes unclear unclear Banges from 0 to 50 ft, determines # of birds <15 ft = 0 birds allowed, 15 to 20 ft = 4 birds, etc, up to 50 ft = 25 birds Aust¡n, TX unclear unclear unclear unclear unclear Yes 50 ft from noinhhnrc hor rse Memphis, TN unclear unclear unclear Yes Yes Yes unclear Feed must be stored in rat proof container Ft. Worth, TX based on lot size unclear No Yes Yes Jnclear 50 ft from neiohbors house <112aüe = l2birds, >112 acrc = 25 birds Baltimore, MD 4 unclear MUSt regrster with animal control and Dont of An Yes Yes unclear 25 ft from neighbors house Coops must be mob¡le to prevent waste build up, minimum 2 sq filbird. Charlotte, NC based on lnl cizp unclear $40/yr Yes Yes unclear 25 ft from property line m¡nimum 4 sq. fub¡rd, no more than 2O/acre Missoula, MT 6 No $15 permit Yes YeS unclear 20 ft from neiohbors house Feed must be stored ¡n rat oroof conta¡ner Boise, lD 3 NO unclear Yes unclear unclear unclear San Francisco, CA 4 Unclear No Yes Yes unclear 20 feet from door or window of residence t7 Staff Report P2009-006 regarding Animal Control By-Law and D... Page 183 of 405 Appendix B Sources for 25 Ordinances Citv/State Source for Ordinance Los Angeles, CA Los Angeles Animal Services. htto ://www. laan i m alservices.orq/perm itbook. odf Rogers, AK Ordinance No.06-100 htto ://www. rooersarkansas.com/clerk/chkordi nance. aso Keywest, FL ParT2, Title 5 Section 62 www. kevwestch ickens.com/citv Topeka. KS Section 18-291 www.municode.com South Portland, ME Chapter 3Article 2 Section 3 http://www.southportland.org/index.asp?Type=B_LIST&SEC={93286E1 E-9FF8- 40D2-AC30-8840DE823429Ì Madison. Wl htto ://www. m adcitvch icken s.com/ and www. m u n icode. com New York, NY Just Food's City Chicken Project. City Chicken Guide. lnformation available online at htto ://www. iustf ood.orq/cityf arm s/ch ickens/ Albuquerque, NM City ordinance chapter 9, article 2, par|4, $ 9-2-4-3, c-3 htto://www.amleoal.com/albuqueroue nm/ Portland, OR Ordinance 13.05.015 htto://www.oortlandonline.com/Auditor/index.cf m ?c=28228#cid 1 3497 Seattle, WA Ordinance 122311 section 23 www. seattleu rbanf armco.com/ch ickens Spokane, WA Title 17 Chapter 17C.310 Section 17C.310.100 htto://www.sookanecitv.oro/services/documents/smc/?Section=1 7C.31 0.'100 San Antonio, TX Municipal code 'l O-112, Keeping of farm animals www.sanantonio.qov/animalcare/healthcode.asp Honolulu, Hl Chapter 7 Section 7-2.5 www. ho no lu I u.oov/ref s/ro h Oakland, CA Ordinance 6.04.320 www.oaklandanimalservices.oro St. Louis, MO Ordinance 62853-7 www.slol. I ib. m o. us/cco/co de I dala/|1 0200 1 . htm San Diego, CA Ordinance 42.0709 htto://docs.sandieoo.oov/municode/municodechaoter04/ch04arl02division07.pdf San Jose, CA Ordinance 7.04.030, 140, &150 www.san ioseanimals.com/ordinances/simc7.04. htm Austin, TX Title 3 Chapter 3-2 www.am leqal.com/Austin-nxVqateway.dllÆexas/austin Memphis, TN Title 9Chapter 9-80-2, 9-68-7 htto://m unicioalcodes. lexisnexis.com Ft. Worth. TX Section 1 1 A-22a www.municode.com Baltimore, MD Baltimore City Health Code Title 2-106; Title 10, Subtitles 1 and 3 www.baltimorehealth.orq/oress/2007 02 02 AnimalReqs.pdf Charlotte, NC Section 3-102 http://www.charmeck.org/departments/animal+control/local+ordinances/permits/htm and municode.com Missoula, MT Ordinance Chapter 6 Section 6-12 ftp://www.ci. m issoula. mt. us/Packets/C ouncill200T 12007 -1 2' 1 7/Chicken Ordinance.pdf Boise, lD Chapter 6 Section 14 http //www.cityofboise.org/city_clerk/citycode/061 4.pdf and htto ://home.centurvtel. neVthecitvchicken/chickenlaws. htm I San Francisco, CA San Francisco Municipal Health Code Section 37 htto ://sf oov. oro/site/acc oaoe. aso?id =547 6 18 Staff Report P2009-006 regarding Animal Control By-Law and D... Page 184 of 405 Appendix C Example ordinance Rogers, AK ORDINANCE NO. 06. 1OO AN ORDINANCE REGULATING TIIE CONTAINMENT OF FOWL AND OT}MR ANIMALS WITHIN THE CORPORATE LIMMS OF TFIE CITY OF ROGERS; AND FOR OTHER PURPOSES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROGERS, ARKANSAS: Section 1: It shall be unlawful for any person to permit or allow any domesticated fowl to run at large within the corporate limits of the city. It shall be lawful to keep poultry flocks of any size in A-I zones of the city, so long as they are confined. Section 2: It shall be lawful for any person to keep, permit or allow any fowl within the corporate limits of the city in all other zones, except A-I, under the following terms and conditions: a. No more than four (4) hens shall be allowed for each single-family dwelling. No birds shall be allowed in multi-family complexes, including duplexes. b. No roosters shall be allowed. c. There shall be no outside slaughtering ofbirds. d. All fowl must be kept at all times in a secure enclosure constructed at least two feet above the surface of the ground. e. Enclosures must be situated at least 25 feet from the nearest neighbor's residence. f. Enclosures must be kept in a neat and sanitary condition at all times, and must be cleaned on a regular basis so as to prevent offensive odors. g. Persons wishing to keep fowl within the city must obtain a permit from the Office of the City Clerk, after an inspection and approval by the Office of Animal Control, and must pay a $5.00 annual fee. Section 3: The above Section 2 is not intended to apply to the 'ducks and geese in Lake Atalanta Park, nor to indoor birds kept as pets, such as, but not limited to, parrots or parakeets, nor to the lawful transportation of fowl through the corporate limits of the city. Neither shall it apply to poultry kept in areas of the City which are zoned A-I. Section 4: Fowl currently existing in the city shall not be "grandfathered" or permitted to remain after the effective date of this Ordinance; however, owners of the poultry will have 90 days from the effective date to come into compliance with this ordinance. Source: http ://www.rogersarkansas.com/clerk/chkordinance. asp t9 Staff Report P2009-006 regarding Animal Control By-Law and D... Page 185 of 405 Staff Report P2009-006 regarding Animal Control By-Law and D... Page 186 of 405 Region of Waterloo APPENDIX 4 i:JCt n | 200t ECONOù,IIC OE VÈ LOPMENT AÍ\IO MARKEIING PUBLIC HEALTH Environmental Health and Lifestyle Resources P0. llox 1633 99 Regina Street South Waterloo 0N Canada NZJ 4V3 lclcphone: l5lf}) B83-2008 f:ax l519l8&3-2?76 www.region.woterloo-on ca September 30,2008 David Calder General Manager, Corporale Sel'vices City of Waterloo 100 Regina Strect Waterloo, ON N2J 4z\8 Dear Mr. Calder: RE: I'ublic llealth Perspective on Small Scalc Urban Chicken Raising 'fhe Region of Waterloo Public Health Department is comnritted to building healthy, safe, ancl supportive communitics. Public l.Iealth has played a key role in promoting and coordinating u.Èãn agricultural initiatives in our region for many years. We understand small-scale urban chickcn raising to mean caring for less than a dozen hens in the backyards of urban residences priniarily as a source of food (e.g. eggs). After a review of health rìsks, peer-reviewed literature (r"" appendix 3) ancl experiences from other health units on backyald urban chicken farming, PubliCilealth has determinccl that raising chickerrs in urban areas contributes to enhanoed urban agriculfure, increased food security and greater access to local food for households who wish to engage in this activity. However, households engaging in backyard chicken rearing are not without risk. Aftcr reviewing all factors and collaborating with other govemmellt agencies, food networks, and health units, we have concluded that these risks can be mitigated through sound biosectrrity lneasures and regulatory conditions. Analysis of thc Risks 'l'here are risks fro¡n zoonotic anci fbodborne diseases affecting the hcalth of household members where backyard chicken fanning is practiced . Zoonotîc diseases can be defined as any disease ancl/or infection which is naturally "transmissible from vertebrate animals to man"l. The experience irr Asia, where domestic poultry is raised itr close proximity.to ltutnans, and the subsequent exposure of people to avian influenza is of particular concern'. Relevant litcrature focnsed primarily on controlling and pt'eventing avian influcnza outbreaks as the most significant threat backyzud poultry flocks pose to public health. While we do not have avian influcnza in our region, common zoollotic diseases fro¡n bacteria easily transmitted frorn poultry are Salmonella, Cãmpylobacter, Yer,sinis and Listeric/'3.'l'he risk of irrfèction from exposure to these bacteria, particularly Salmonellq is especiatly high tbr young children, the eldcdy, pregnant women and people wiih weakened immune systems4. Backyard chickens can be inlected through contact with livestock, waterfkrwl, and wild/domestic animals and may not show syrnptoms olcliseasc''' Staff Report P2009-006 regarding Animal Control By-Law and D... Page 187 of 405 Additional conoenrs may stem from: o Improper disposal o1'clead birds (especially if a bird has a contagious disease); . Improper managcment of bird feces, litter disposal and general backyard operatíons; . Improper foocl safety, egg hancllirrg, or home slaughtering techniques; . Possible neighbour nuisances such as odour and noise; and . Biosecurity of other flocks -. possible transmission of diseases between commercial and other bird operations. Biosccurity Mcasurcs 'fhese zoonotic and foodborne health risks can be significantly reduced with proper biosecurity and other preventative measures. The Ontario Ministry of Agriculture, Food, and Rural AITäirs (OMAFRÁ), the Food Safèty Network at the University of Guelph, and the Poultry Industry òouncil has many resoulces on how to recluce the health risks associated with backyard chicken farming ìncluding a resource kit fbr small flock owrrer.3'S. The Canadian Food Inspection agency (CFIA) ñas iclentified basic biosecurity pririciples for poultry operations in a factsheet aiired at reducíng disease transmission and protecting the interests of Canadíansu (see Appendix l). It is anticipated rhat if urban backyard chicken farmers employ these basic biosecurity principles and ädhere to preventative measures on a regular basis, potential health risks will be negligible. Experiencc in Other .IurisdÍctions To our knowledge, the City of Niagara Falls is the only Ontario municipality to have passed a by-law permitting backyarcl chicken farming. ln terms of enforcement, the City of Niagara Falls Uy-taw "nfor"*,oérrt oüì.rrr enforce this by-law but there has been coìlaboration with the public ¡äaltfi inspectors on special cases in the past7. We have communicated with the Niagara Regional itealth Unit and they have indicated that there have not been any health concerns br<r-ught to their attention as a result of this by-law7. In Appendix2,we outline essential items frorn-the City of Niagara F'alls by-law that we consider to be key to reducing health risks and concerns in the comrnunity, should a by-law regarding small-scale urban chicken raising be clrafted and approved in the City of Waterloo. Conclusion The Region of V/aterloo Public Ilealth Department considers urban small-scale chicken farming *, o *oy to enhance urban agriculture, increase food security, and provicle greater âccess to local foocl. pótential risks associatè<t with this activity can be mitigated and Public Flealth recommends the following measures be put into effbct to this end, should the City of Wate¡loo decide to permit this practice. 'l'hese incluclc: . That similar conclitions to the City of Niagara Falls by-law be drafted (see Appendtx2); r 'lhat the by-law clearly clelìnes terms. It would be useftrl to specify lvhich term you intencl on using - 'chickens' or 'poultry' - and provide a definiti<ln; r 'fhat local by-law enforcement officers âre trained to enfirrce atrd respond to conccrns/complaints that rnay aríse from this by-law; Staff Report P2009-006 regarding Animal Control By-Law and D... Page 188 of 405 I-hat an etlucation iampaign accompany the by'law, so that urban households are aw¿ìre of and can mitigate potential health risks; and That a licensing or permit application process be consiclered. This requiretnent may assist in regulating, trãc6ng, and ınforcing this activity throughout the city. In conclusion, we appreciate the opportunity to provide a public health perspective on this issue and we woukl be happy to be of funher assistance as you address this local matler' Sincerely, Liana Nolan Medioal Offi cer of Health/Commissioner Attach. Staff Report P2009-006 regarding Animal Control By-Law and D... Page 189 of 405 BaPksround Biosec u rity C onsiderations The Canadian Food Inspection Agency's basic biosecurity principlesl include: . Isolalion: o Onty obtain new birds from reputable sources' o Isolate sick birds from the rest of the flock' o Limit the frequency of introducing new birds to the flock. o Isolate uny r,"* biids or birds returning lioni shows and exhibits. o Use all-in-all-out flock movement where possible r Sanitation: o Routinely clean and disinfect buildings, poultry houses, equipment, clothing and footwear. oDesignateacleaningareaforvehiclesandequiprnerrt' o Proniptly dispose of mortalities and damaged eggs' o Use pìastic crates to transport birds (easier to clean)' Traffic control: o Control visitors' access to the fltlsk' o Prevent binls, rodents, pets and other animals from coming into confact with the flock. o Require all visitors to wear clean boots, clothing and gloves. o Maintain records of the movement of people, ånimals and equipment on and off the premises. o Make sure all suppliers and other fann visitors follow your biosecurity measures' Þ-lock health rnanagement: o Monitor flock health dailY. o Employ veterinary services to help irnplement flockhealth programs' o Maintai¡ daily héalth recorcls on your flock, detailing production levels, health concerns and trealments aPPlied. o Inrrnediately report uny ,ignt of ilh:ess to your veteritrarian or the nearest CIrIA olfice. . Program maintenance ; Train all staf1in the application of your biosecurity program. o Regularly monitor the effectiveness of'the program' o Be awarc of any avian diseases in your area and adjust your biosecurity program to meet sPecific necds, as required' ecrzty Re{ncvctl 'SePlcmbçr 1 8, 7-008 lronr ¡!O'.'1-\\I]!!=s!.ç.c-lltljrgc-çiríÞûc.Ll-drirìrdua4rrlr¡çcjaylalsçsh!]]]l Staff Report P2009-006 regarding Animal Control By-Law and D... Page 190 of 405 Essential Items fbr a By-Law (paraphrasecl from the City of Niagara F-alls By-Law No.2002- 129) L Define tenns: 'chicken' or'poultry'. 2. Roosters, of any species, are not to be pennitted. 3. Deline specific location(s) where chickens or pouhry are to be found. 4. Perrnitting less than a dozen hens irt the urban boundary is reconrmended, 5. Chicken coops are necessary but must tneet the following conditions: 5.1 - All chicken coops should be located only in the ¡ear yard and rnust fully enclose the chickens and prevent them from escaping or being at large. 5.2 -"|'hechicken coop should be designed and constructcd to ensure proper ventilation and sufficient space fclr the chickens and maintained in accordauce with good animal husbandry practiccs. 5.3 -'Ihe chicken coop should be constructed to keep all other animals, pcts, wilcllife, and vermin out. 5.4 - The chicken coop shall be locatecl at least 25 leet from the rear lot line of the lot on which the chicken coop is located. 5.5 - The chicken coop shall be located at least l5 fèet from any side lot line of the lot on which the chicken coop is located. 6. All dead chickens must be disposed <lf irnmediately and in any event, within 24 hours, conforming to local or rnunicipal guidelines. 7. There must be hygienic storage of and prompt re¡noval of chícken feces. 8. The chicken's fcrod supply rnust be protected against contamination from all environmental factors and must be inaccessible by other aninrals, pets, wildlife, or vermín, 9. All lots housing chickens must meet the following conditions: (1) detached clwellings only; (2) a fiontage of at least 40 fcet; and, (3) a depth ofat least 100 feet. Staff Report P2009-006 regarding Animal Control By-Law and D... Page 191 of 405 Literature Review Strmmary Little empirical lvork has been <lone to demonstrale the extent and irnpact of zoonotic discases irr relation to urban ancl peri-urban livestock systelns (Flynn, 1999). The tcrm'backyard poultry flocks, was use<l in very clifïerent contexts and environments thr<lughout the literature' This tenn, ol1en rofcrring to less il',o,t 1,000 birds (Garbcr, 2007),was as likely to be used in rural settings compared to urban environments. 'r'he majoriiy o| peer-reviewecr journals that examined the health risks of backyard chicken farnring weie related to controlling and preventing avian influcnza oufbreaks, pa*icutuly in Southeãst Asian countries where a lack of basic biosecurity practiccs elevate the risks for ãisease introducti al studies from the U.S. sulveyed poultry flocks that were associ a variety of avian influenza subtypes' U.S. backyard poultry flocks n disease outbreaks except where a lack ol'biosecurity measures was t n backyard chicken larming werc rlot found. Several ,tu,li., indicatccl thal poultry biosecurity. training and education u,oulcl substantially à."r"u*. potential health risks associatecl with backyard chicken rearing' Other than highlighti.j rist, äf ,oonotic and food borne diseases' very few studies examined other public hãalth risk facfors of backyard chicken farming. Public Health ImPlications Most public health risk factors assooiated with urban ancl stem fron] zoonotic diseases and l'oods contaminatcd by pathogenic (Dimoulas et a1.,200S). t,ittle empirical work has bcien done to ,ri! 1r impact of zoonotic diseases in relation to urban and peri-urban livestock systems (F'lynn, 1999)' Other than avian influenza, two zoonotic diseases easily tran.smitted frorr poultry are salmo¡rella and campylobacter (Stott, 2008 - per, communicatión). Given that these enteric pathogens are known to be transmitted via iu* .ggr, the pruclent f-oocl safery approach is to avoid raw egg consutnption altogether (Dimoulas et al., 2008)' health problenr in both developed and Organization (2007) reported that I '8 ot-*tti"tt can be atlributed to food and demonstratccl that even healthy chickens may iuki et al., 2002). In another Afiican study' interact with other livestock such as cattle' goats, pigs and turkeys or neighbouring chickens' were-*:'" likely to experience episodes of enteric illness than túose rhat did not álow f-or livestock interactions (Dimoulas et al', 2008)' fuctors for foorlborne diseases (Lammcrding a storage, personal hygiene, and water sources a principles lor poultry operations (CFIA, 2 Staff Report P2009-006 regarding Animal Control By-Law and D... Page 192 of 405 transmission between chickens, which also reduces the risk of zoonotic and food bome diseases for the public. B iosecu!:itv Pr¡ctices Several studies have identified poor biosecurity praclices with regard to backyard poultry flocks, creating varying degrees of risk for disease inlroduction and transrnis.sion. A U.S. study iclentifìed a lack of biosecurity practices, such as footwear precautions, hand-washing, and visitor restrictions, utilizrd by backyard flock operators (Garber et al., 2007), This study found that U.S. backyard flocks commonly had wilct bird feeders on the propcrty that could encourage congregation of wild birds, which is a potential source of disease introduction (Garber et al-, 2007). The results of this study mirrored those of an earlicr survey of U.S. backyard flocks in l99l (McBride el al., l99l), suggesting that backyard management practices have remained relativcly unchanged over the pa^st decade. Another recent study front Denmark identified a low Ievel of biosecurity in free-range flocks, mainly due to insufficient hygiene practices (Bojesen et al.,' 2003). These studies indicate that poultry biosecurity training and education would substantially decrease potential health risks associated with backyard chicken rearing. Avian fnfluenza Background: Avian influenza, commonly known as "bird flu", is a viral infection that normally affects the fowl (Liu,200ó). Atl influcnza A subtypes can be found in waterfowl, but only the I{l-3 and Nl-2 subtypes are commonly known to infçct hurnans (Liu,200ó). In terms of public health concerns, this is impotant because this viral subtype is now known to have jumped the species barrier to inf'ect humans (Liu, 2006). Intermediate vectors such as pigs were initially thought necessary for cross-species transmission from birds to humans (Liu, 2006), however, this hypothesis was dismissed by strong evidence of direct transmissions during lhe 1997 Hong Kong H5Nl outbreak (Claas et al., 1998). This first documented lcap of avian influenza from birds to humans resultecl in 6 deaths from l8 patients who were uncharacteristically ill with severe flu symptoms (Yuen ct al., 1998). Since December of 2003, the World Health Organization has reported that 245 deaths have resulted frorn 387 cases of H5Nl influenza (WHO, 2008). Indonesia (137 oases, I l2 deaths) and Vietnam (106 cases,52 deaths) have had the highest total reported cases and deaths since 2003 (WHO, 200S). The current cluster of avian influenza outbreaks in birds has occurred in areas where humans live in proximity to poultry. In these areas, live poultry markets and backyard chicken fanning are panicularly prevalent, making direct transmission from birds to humans much more likely (Liu, 200ó). Surveillancc of Backyard Poultrv Flocks-- Several studies have attempted to investigate the role of backyard poultry flocks in avian influenza outbreaks. ln 2004, backyard chickens and ducks in villages of Thailand are thought to have played a crucial role in the avian influenza epidemic (Tiensin et al., 2005). In -Ihailand, as in other Asian and African countries in particular, baclcyard poultry are raised for food and income in villages and urban areas (Tiensin et al., 2005; Dimoulas, 2003). The finclings from a study in ltaly confirm that backyard free-range fatming is at high risk for avian influenza virus introduction ('l'erregino et al., 200?). llowever, an outbreak of low-pathogenicity II7N2 avian influe¡rz¿ vinrs in Virginia, U.S., found no evidence of the virus in a sampling of backyarcl flocks and wild birds (Akey, 2003). Overall, backyard poultry flocks outside of the U.S. and Canada, in combination with densely populated poultry areas or in Staff Report P2009-006 regarding Animal Control By-Law and D... Page 193 of 405 areas where frce-range rural village poultry lìocks are present, have played key roles in recent avian influenza outbreaks (Cattoli and 1'erregino,2008; 'lìensirl et al-,2005). Challenses in Cgqtrolling Avian l4fluenza Infcctions. - Preventing a human pandemic of avian i¡ll,*nr. inferrioni t i,tæJın tim.tiug the disease amongst anirnals- Unfortunately, the spread of IJjNI in birds is rapid and particularly difficult to control (Liu, 2006). Bird excretion containing large amognts of uirus"r co¡rtaminates dusts and soil (I.iu, 2006). Mechanical vectors such as färm vehicles and bird fee{ fhen carry the virus front farm to farm (Liu, 2006). The recent appearance of avian influenza in Europe suggests that long-distance spread of the virus is also pãssible, most likely because of international trading in live poultry and _ migratory bird populations (Lin et ai.,ZOOO¡. Waterfowl and migratory birds may serve as [I5Nl virus carriers, si¡ce they are naturally more resilient to developing illnesses from the infection aDd can fly freely across continents spreading clisease to local bird populations (Liu, 2006; Alexander et al., 1936). The availability of food in free-range backyard farms may attract wild birds and may resuli in intermingling of birds and bird droppings, creating conditions that favour the spread of these viruscs (Tenegino et al, 2007). A study in Thailand fuund a strong association between ¡ee-grazing duck pópulations and free-grazing farming with the spread of the virus in their centãl t gion (Tieñsin et al., 2005). Henca, limitíng the spread of avian influenza virus can be difficult, especially given a general lack of biosecurity practices among backyard bird fbnners' Clarification of Terms: "Backyard Poultry Flock" The tenn 'backyard poultry flocks' was used in very differcnt contexts and environments throughout the liierature. This term, often refening to less than 1,000 birds (Garber, 2007), was as likãly to be used in rural or peri-urban settings as in urban environments. Of course urban environrnents in the U.S. (Akey, 2003; Henzler et al., 2003; Garber, 2007; ìùy'oolcock et al', 2003; McBridc et al., t99l) look very differcnt from urban settings in Southeast Asia (Tiensin et al., 2005), Africa (Dimoulas et al., 2008), or Europe (Terregino ct al., 2007). llence, this term *as rr"d across diverse countries with differing climates, geography, population densities, land use pafterns, and cuttures. While a review of the literatu¡e puts into perspective the health risks t¡at backyard poultry farming may have for the general public, these studies do not rcflect the urban environment in the Region of Waterloo. Staff Report P2009-006 regarding Animal Control By-Law and D... Page 194 of 405 References . ^rdA"tr"J N-ntl Szyfres, B. (200J), Zoc¡nt¡ses and commttnicable díseases comnon lo man and animuls,3"'edition. Vol. Ill Parasitoses. PAIIO Publications. 424 pp- Akey, B.l-. (2003). Low-pathogenicity H?N2 avian influenza outbreak in virginia during 2002' Avion Discases,4T(3 Suppl): 1099-l 103. r\lexanàer, l).J., Parso¡s, G,, Manvell, R.J, (l9Só). Iixperimental assessmelrt of the pathogenicity of eight avian influenza A viruses oftl5 subtype for chickens, turkeys, rJucks and quail. tlvian I'alhology, l5:.647-662' Bojesen, M., Nielson, S., Bisgaard, M. (2003), Prevalencc and fransmission <¡f haernolylic Gullibaclerftan species in chickcn production syslen)s with rìiffercnt biosecurity levels. Avian Pathohgt,32(-5): 503-5 10. Cattoli, G., & T'en.egino, -C, IZOO8¡. New perspectives in avian influenza diagnosis. Zoono,çe.s and Fuhlic Ilealth' 55(t),24-28. Canarliarr Food Inspeclion Agency. (2008), Poultry bittsecurily. Available at: hllg:l/www.inspectl na/biose c/aviaf.se'shtml Claas, É.C., Osterhaus,4,D., van Beek, R., l)e Jong, J^C., Rimmelzwaan,C.F., Scnne, D.l\., et al. (1998)' I{uman influenzaAH5Nl virusrelatedtoahighlypathogcnicavianinfluertzaviru-s. I'ancet,35l:412'477. [)imoulas, P., Waltncr-I'oews, D., and Nasinyarna. G. (2008). tlousehold risk factors associated wíth chicken rearing and food consulnption. ln llealthy City Han'esls (in pre'ss) ed . Flynn, K. (lçSS). An ovemieit' r{puhlic heølth anrl urban agricuhure; v¡aler, soil, and crop conlaminatíon and- emerg¡irry urban zoonoses. CiJl Rcport No. 30,'l'he Intenratíonal Deve loprnent Research Centre (IDRC)' Otlawa, Canada. Cia¡ber, 1,., Hill, G., Rotlrigrrez, J., Gregory, G., & Voelker,L. (2007). Non-conrmercial poultry industrie's: Surveys of bacþard and game-fbwl brcetieiflocks in the uniled states. Preventivc Veterinary Medicine, S0: 120-129. Henzfer, O.i., Kradel, I).C., Davison, S., Ziegler, 4.F., Singletary, D., DeBok, P' et al. (2003). Epidemiology, pro{uction losses, ancl control nleasures associated with an outbrcak of avian influenza srrbtypc }I7N2 in pennsy lvanía ( I 996-9 8). Avi qn D í s e as es, 47 (3 suppl): I 022-1 03 6' Kariuki, S., Gilks, C., Kimari, J,, Muyodi, J., Getty, 8., & I-lart, C.A. (2002). Carriage of potentially pathogeníc Escherichia coli in chickens. Avian l)iseases, 46(3): 721'724. l.arnmercling, A.M. ¿¿l,aoli, Cì.M. (1997). Quantitative risk asscssmcnl: An emergíng tool for cmerging I'oodborne patlrogen s. Em er g i n¿i I nfect i ous D i s ea'r e.s, 3 ;4 8l -4 87. Lin, Y.P., -Shaw, M., Gregory, V., Cameron, K,, Lim, W., Klirnov, 4., et al. (2000). Avian-to-hunlan transmission ol' II9N2 subtypc influenz.a A viruses: re laf ionship between H9N2 and ll5N I human isolates. Proceedings of the N at ktna 1,4 cqdemy of Sciences, 97 : 9654'9658' Liu, J.P. (200q. Avian influenza - a pandernic waiting to happen? .Iournql of microbiol<tgy, intnttnoloE}4 and infection = Wei miun yu gon ran za shi,39(l),4-10. McBride, M.l)., llird, D.W., Carpenter,'l'.E., Snipes, K.P., Danaye-Ehtli, C., & Utterback, W.W-(1991)' llcalth surveys of backyarcl poultry and other avian species located within onc ¡nile of ccllnmercial California meat- turkey flocks . Ávian l)isease.r,35(2): 403'407. Oriss, G.D. (lggl). Animal diseases of public health imporlil)ce. Emcrging lnJ'ectious Diseases (Special I'tsue),3: ' 497-502. Stotr, {ì- (2003). Personal comnunicntion on Septenrber I 1,2008. Program Specialist - Dissase Control, Animal llealth Division, Canadian Food Inspection Âgency. 'l'erregi¡o, C., Dc Na¡di, R., Gubcrti, V,, Scremin, M., Ratfini, 8,, Martin, 4.M., et al. (2007) Active surveillance for avian irrfluenza viruses in rvild birds and backyard flocks in nofihetn italy during 2004 to 20O6. Avian P at h ol o gt ; j our nal of t h e W. y. P.A., 36(4): 337 -34a. Tiensìn, T., ð;haitaweeru[r, p., Songserm, T., Chaisingh, 4., Hoonsuwan, W,, Buranathai, C- et al. (200-5). l{ighly patbogenic avian influenza H5Nl, thailand, 2004. Ëmerging InJèctiou.t l)iseases,l l(l l): 1664'1672' Woolcock, P.R,, Suarez, D.1,., & Kuney, D, (2003). I-ow-pathogenicity avian influenza virus (H6N2) irt chickens in California, 2000-02. Avian Diseases,47:. 8?2-88l . World Heahh Organization (WIIO). (2008), (luntulative nwnher of conftrmed hum*n cQses of avian influenzo,4 (H 5N 1) repurted to I{llO. }ìpidemìc and Pandemic Âlert and Response Progratn. ,Accessed September I 6' 2008 at: Lq)j -.10/e!4-¡id9dlt-'I-l Wort¿ f+àùtr Organization (WHO). (200?). Fooct saJÞty andfoodhornc illness. F'actslteet No. 237. Accesscd Sept- I 6, 2 0 ù I at lrtjB;./-iurya=whqj¡úLlgd jjlt:qlfci f ä c I s h c c t s/f.s2 :ì 7/trd yuen, K.y., Ctran,it.X., Peiris, M,, Tsang, D.N., Que, T.L., Shorlriclgc, K.F., et al. (1998). Clinicalfcaturcs and rapid viral <Jiagnosis ol'human disease associated with avian influenza A HSNl nrrut- ¡'6ncel,35l:46'l-471. Staff Report P2009-006 regarding Animal Control By-Law and D... Page 195 of 405 Staff Report P2009-006 regarding Animal Control By-Law and D... Page 196 of 405 CORPORATION OF TIIE MUNICIPALITY OF BAYHAM STAFF REPORT TO: Mayor & Members of Council FROM: P. Groeneveld By-law Enforcement Officer SUBJECT: By-Law Enforcement Program - 2009 3'ã qtr. Report DATE: November 5,2009 FILE: P16 I\UMBER: P2009-030 Purpose Provide Council an overview of By-law Enforcement Program activities for the Third Quarter (July - September) of 2009. By-law Activities Do g Re gistration/Licensing As of September 30,2009 staff has registered 1081 dogs for 2009.In 2008 the Municipality registered 1,052 dogs. On average the municipality has registered approximately 1070 dogs annually since 2006. Annual Dog Registrations 1120 1 100 1 080 1 060 1 040 1020 1 000 As of September 30,2009,based on 2008 records there are five (5) outstanding dog tags for 2009 as compared to one (1) for the same period in 2008. Staff has identified an additional 10 dogs harboured in the municipality where the owner has not purchased a 2009 dog tag. Staff is pursuing renewal and purchase of the above tags. In November 2009 staff will coÍtmence issuing charges to persons who fail to renew or purchase the required dog tags. Staff Report P2009-030 regarding By-Law Enforcement Program ... Page 197 of 405 Doe Licensing Agent In March 2009 the municipality's Dog Licensing Agent attended the residences and attempted to secure fees and renew dog licenses for 2009. The Agent sold 195 dog tags during his door-to-door visits to residents. As of September 30,2009 a total of I 10 tags were sold at the municipal office as a result of the Agents visits. The following chart indicates the number of tags sold annually as a result of the Agent's visit and the total cost incurred by the municipality for the Agent's services. Canine Control The Municipality requested the Canine Control Agent pick up seven (7) dogs from July to September 2009 as compared to seven (7) in 2008, sixteen (16) in 2007 and thirteen (13) in 2006. Since January I, 2009 the Agent has picked up 26 dogs as compared to 23 for the same period in 2008, 43 in2007 and 33 in 2006. Dogs lm pounded Annually l 2007 Year During the third quarter six (6) dogs were reclaimed by their owner. One (1) dog went to Animal Aid in St. Thomas. Since January 1,2009 of dogs impounded 62% (16) were claimed by the owner, 23% (6)the Agent arranged for adoption and 15% 4 were dealt with by other means' 60 50 8, ¿ooo30 o20*10 0 2 2004 2005 2006 2007 2008 2009 Tags Sold By Dog Licence Agent (February 1" - March 31")321 250 239 328 168 195 Tags Sold as a Result of Agent's visit (Office Purchases)168 097 154 94 153 1 10* TotalTags Sold By Agent 489 347 393 422 321 305* Dog Licence Agent Fees ($8 lTag)$3,912 s2,776 $3,144 $3,376 $2,568 ç2,440. * As of September 30,2009 Staff Report P2009-030 regarding By-Law Enforcement Program ... Page 198 of 405 I Dogs Adopted/Glaimed -2008 Adopted Canine Control costs from July to September 2009 were $3600 as compared to $3620 for the same period in 2008, $2,150 in2007 and $2,450 in2006. Since January 1,2009 the municipality has incurred approximately $10,550 for Canine Control services as compared to 11,054 for the same period in 2008, $7,050 in2007 and $6,450 in2006. d I I g,g oo 1 0000 8000 6000 4000 2000 0 Enforcement The Municipality received approximately forty-two $2) complaints from July to September pertaining to various Municipal By-laws. Since January 1,2009 one hundred and thirty-eight (138) complaints have been received and investigated. 3 Canine Control Costs - Third Quarter 4000 3500 3000 p 25oo S zooooo 1500 1 000 500 0 Staff Report P2009-030 regarding By-Law Enforcement Program ... Page 199 of 405 By-Law Complaints/Month - 2009 eyir* Gomplaints - Annual I JJ Month Dog Control issues accounted for approximately 43% (22) of all complaints in the third quarter of 2009 (see chart below). Other type complaints were in regards to dumping of garbage,noise, open air burning, parking, animal control, yard maintenance and property standards. Since January I,2009 dog control enforcement has accounted for approximately 42% (591138) of all complaints received. By-Law lnquires -3rd Qtr. 2009 ø .E G -c! Eoo 200 180 ø 160 .E 140 so tzo E 100 6Bob60l+ 40 20 0 Other (7) 17o/o Dog (18)i +sn Pty. Stds (1 0) 7o/o i I I I By-Law Complaints - 2009 Other (20) I 4o/o l Dog (59) 43%Yard Mtc. (26) 19o/o Yard Mtc. (1 3) 31o/o (1) 2% L Enforcement staff investigates (inspection) and contacts owners (phone and letter) in violation of a By-law and educates them of their responsibilities under the related By-law. Staff continues to monitor progress on compliance with "Notices of Violation" and "Notices of Non-Compliance" issued under the Property Standards and Yard Maintenance By-laws. Court Proceedings Staff issued eight (8) charges under the Municipal Zoning By-Law in the third quarter of 2009. 4 Staff Report P2009-030 regarding By-Law Enforcement Program ... Page 200 of 405 Legal Fees Since January 1,2009 the municipality has incurred approximately $8,100 in legal fees. The 2009 By-law budget allocated $4,000 towards legal fees. Training On September l5 - 17 ,2009 staff attended the Municipal Law Enforcement Offrcers annual training symposium. Stratesic Goals Goal #4 - Be Dedicated to Service Excellence Recommendation *THAT Staff Report 2009-030 regarding the By-law Enforcement Program 3rd Quarter Report 2009 (July - Sept) be received for information". Respectfully submitted,d bv, 5 Staff Report P2009-030 regarding By-Law Enforcement Program ... Page 201 of 405 CORPORATION OF THE MUNICIPALITY OF BAYTIAM STAFF REPORT TO: Mayor & Members of Council DATE: November 5,2009 FROM: P. Groeneveld, Fire Chief/CEMC FILE: P16 SUBJECT: Emergency Management Program 3rd Qtr. Report NUMBER: P2009-031 Purpose Provide council with an update of the municipality's Emergency Management Program activities for the Third Quarter in2009. Program Compliance Annual Exercise The Municipality competed their mandated requirement for an annual exercise on March 3, 2009. As part of the County CEMC group, Staff is assisting in coordinating a County wide exercise. This exercise will be held on December 1, 2009. The intent of the exercise is to test the notification procedures and transfer of information between the County and Municipal EOC's. Training The municipality's Emergency Control Group training will consist of Incident Management Training. Members will be completing the Emergency Management Ontario IMSl00 on-line training program. Training will be completed by fall 2009' The County CEMC's have arranged for a county wide training session. The session will focus on the challenges of communicating between different levels of EOC's, communication protocols for transfening information during an emergency and roles of the different levels of EOC's. The training is scheduled for October 6,2009' The municipality's CEMC has acquired Train-the-Trainer status for instructing the EMO IMS 200 series course. Staff is currently working with the Town of Tillsonburg CEMC to jointly conduct a Incident Management System 200 series course for both Tillsonburg and Bayham staff in late2009 and early 2010. Public Awareness The Municipality received confirmation it's 2009 EMP Public Education and Awareness Program is in compliance with EMO requirements. Staff Report P2009-031 regarding Emergency Management Progra... Page 202 of 405 Staff undertook the following educational and awareness activities in the third quarter: . Placed a "Be Barbeque Safe" article in the local newspaper. . Placed a "Holiday Cottage Safety" article on the Municipal website. . Placed a "Be Safe For a Fun Summer" article in the Straffordville and Port Burwell school newsletters. . Placed a "Bayham Fire Department V/ishes You a Safe And Fun Filled Summer" article in the Straffordville School Yearbook. . Placed a message for a safe summer on the municipal sign. . Placed a "Be Prepared for Severe Storms" article in the local newspaper and on the Municipal website. . Placed a "swimming Pool Safety" article in the local newspaper and on the Municipal website. . Placed a "school Bus Safety" article in the local newspaper, in the Straffordville and Port Burwell school newsletters and on the Municipal sign. In addition staff commenced posting all flood warnings and advisories on the municipal website immediately upon receiving such notices. Arrangements have been made with Amtelecom Cable TV to have Flood Notices posted on the local cable TV information channel. Community Emereency Management Proqram Committee The next meeting of the CEMPC is scheduled forNovember 3, 2009. General Flood Control Response Plan Staff continues to liaise with LPRCA representatives to discuss plan enhancements and incorporate communication protocols, such as flood wamings and advisories, and fuither define roles and responsibilities of both parties (e.g. communications). On July 8,2009 Municipal and LPRCA staff presented an overview of the LPRCA study and Municipality's Flood Control Response Plan to the LPRCA Board of Directors. Business Continuity Plan The municipality's annual exercise identifred the need to pursue development of a business continuþ plan for the municipality. The plan will outline critical services provided by the municipality and plans for continuing these services in an emergency impacting the services. Staff has completed the Business Impact Analysis component of such a plan. Staff Report P2009-031 regarding Emergency Management Progra... Page 203 of 405 C ommunity Emer ge ncy Management Pr o gram Handb o ok EMO has revised and issued an amended Handbook. Staff is currently reviewing changes in the handbook (e.g. communications). Strategic Goals Goal #4 - Be Dedicated to Service Excellence Recommendation "THAT Staff Report P2009-0031 regarding the Emergency Management Program Third Quarter Report for 2009 be received for information". Respectfully submitted,Reviewed by, Staff Report P2009-031 regarding Emergency Management Progra... Page 204 of 405 CORPORATION OF THE MT]NICIPALITY OF'BAYHAM Mayor & Members of Council P. Groeneveld Fire Chief/CEMC/By-law Enforcement Ofïicer DATE: November 5,2009 FILE: P16 llUMBERzP20A9-032SUBJECT¿ 2009 Third Quarter Report - Fire Purpose Provide Council an overview of Fire Department activities for the Third Quarter (July - September) of2009. Fire Denartment Activities Response Activities The Fire Department responded to 28 emergency incidents in the third quarter of 2009 as compared to 35 in the same period of 2008, 42 in2007 and 40 in2006. Since January 1,2009 the Department responded to 105 incidents as compared to 88 in 2008, 93 in2007 and94 in2006 for the same period. Yearly 3rd Quarter lncldent Volumes 45 40 ø35 530tt tr Êzo b15*10 5 0 Annual lncident Volumes 140 120 o 100 5aop Ë60b40t* 20 0 Annual Jan to Sept lncidentVolumes 6 trott a, E o +Ë 110 105 100 95 90 85 80 75 Staff Report P2009-032 regarding 2009 Third Quarter Report -... Page 205 of 405 Incident Types Medical incidents represented 54% (I5) of the total responses for this period. Patient symptoms initiating medical responses included "chest pain" (l) and "VSA" (1). Requests for assistance due to EMS Delay resulted in the Department responding to (13) incidents. The Department responded to 4 (14 %) motor vehicle collisions. The Department responded to 6 (21%) fires. Fire incidents included responses as a result of unauthorized open-air buming (1), grass (3), residential property (1) and an industrial property ( 1). The Department also responded to 3 (1Io/o) other type incidents due to carbon monoxide alarm activation, monitored alarm activation and a rope rescue incident. Fire (6) 2',lo/o Medical (1 5) 54o/o L Port Br¡rwell lncident Types - 3rd Qtr. 2009 tt-to l r-----.......1i Straffordville lncident Types - 3rd Qtr. 2009 i Other (1) 14% Medical (1) 14% I I CIher (2) 10o/o Fire (4) 19o/o Frre (2) 29o/o lncidents by Type 3rd Qtr. - 2009 Staff Report P2009-032 regarding 2009 Third Quarter Report -... Page 206 of 405 Response In the third quarter Pt. Burwell attended 2I (75%) and Straffordville 7 (25%) incidents. lncidents Attended By Station - 3rd Quarter Straffordville (7) 25o/o Port Burwell (21) 7 5o/o The department responded to one incident where the Rope Rescue Team was dispatched under the dual station response protocol. In addition, Port Burwell assisted Straffordville at one incident and Straffordville assisted Port Burwell at two incidents under the protocol. The average attendance per incident during the third quarter was 1 1.0 firefrghters. (2009 avg. : I 1.5; 2008 avg. : l2.l;2007 avg. : l2.l). The year to date average attendance at structure fires and specialty rescues (under the two station response protocol) is 25.8 firefighters. The two- station response protocol was activated for seven (7) incidents since January 2009. Economical Impact The year to date total estimated dollar fire loss is - $127,000. Annual Fire Dollar Loss 1,000,000 800,000 600,000 400,000 200,000 0 Fire Safetv Inspections Staff did not receive any requests to conducted flrre safety inspections. Staff conducted two fire investigations as a result of a one residential and one industrial fire. øLg oo lncidents Attended By Station - 2009 Port Burwell (5e) 56% Staff Report P2009-032 regarding 2009 Third Quarter Report -... Page 207 of 405 Department members toured a local industry to familiarize themselves with the site hazards and challenges they may face in an emergency. To date the department has toured four (4) local industries and developed pre-incident plans in cooperation with industry representatives. Public Education and Awareness Staff undsrtook the following public education and awareness activities in the second quarter of 2009: . School Newsletters o September - School Bus Safety . Local Newspaper o July - Be Prepared for Severe Storms o August - Swimming Pool Safety o September - School Bus Safety . Municipal V/ebsite o September - School Bus Safety . Municipal Sign o June - Schools Out - Watch for Children o September - School Bus Safety . Presentations/Displays o Otters Edge Trailer Park o Port Burwell Provincial Park o Watermelon Festival Training Station bi-weekly training sessions focused on firefighter survival- self rescue skills, hose testing and ladders. Two water rescue team members attended the Ontario Fire College water rescue-training program. Two firefighters attended the College to participate in courses offered under the Company Officer Pro gram. The average attendance per station training session in the third quarter was 13.2: 16.2) t2.0) The average participation in apparatus and equipment inspection days for the third quarter was: All Specialty Teams continue to train on an established training schedule (one session per month) for 2009. The Specialty Teams normally meet monthly as follows: Staff Report P2009-032 regarding 2009 Third Quarter Report -... Page 208 of 405 Pavroll (Value per Point) As of September 2009 firefighters accumulated -2408 points (Fire + Training + Meetings) for the second pay of 2009 as compare d to -2390 for the same period of 2008. Based on the average number of points accumulated in October (501) and November (530) from 2006 - 2008 the projected number of points firefighters will accumulate in the second pay of 2009 will be -3439 points. Therefore the projected point valued for the second pay period is $10.15. Annual June - Nov. Pay o ã .EoÀ 105 10 9.5 I 85 I 7.5 4500 4000 3500 3000 2500 2000 1 500 1 000 500 0 an tr'ı o- * - totals are projected based on averages from 2006 - 2008. Burn Permits Staffs issued twenty-one (21) burn permits in the third quarter. Since January 1,2009 one hundred and five (105) burn permits have been issued. Burn Permits lssued Annually tô '= ts oo. oIt 140 120 100 80 60 40 20 0 The department responded to one (l) unauthorized burning incident where the property owner did not obtain a Burn Permit from the municipality. The properly owner received a warning letter from the Fire Chief educating them on the municipality's open-air burning policy. Staff Report P2009-032 regarding 2009 Third Quarter Report -... Page 209 of 405 Staff The Departments' current staff compliment is 37 Firefighters and 0 Auxiliary Firefighters. One firefighter at the Straffordville Station is currently on a leave of absence due to medical reasons. The Department currently has two vacant Captain positions, one at each station and a Fire Prevention Officer position at the Straffordville Station. Staff will be commencing filling these vacancies in late 2009. Automatic Aid Agreement The Automatic Aid Agreement with Southwest Oxford was not activated in the third quarter. Annual Automatic Aid Agreement lncidents 10 8 6 4 2 0 Since January 1,2009 Southwest Oxford Fire Department has not invoiced the municipality as per the Automatic Aid Agreement. The following chart indicates the total dollars the municipality has expended annually as a result of the Automatic Aid Agreement. Automatic Aid Fees - Annual Lo¡¡ E5z 3tg oct 8000 7000 6000 5000 4000 3000 2000 1 000 0 Year Staff Report P2009-032 regarding 2009 Third Quarter Report -... Page 210 of 405 Ministry of Transportation The Department did not respond to a MVC on Kings Highway #3 during the third quarter. Since January I,2009 the municipality invoiced the Ministry of Transportation for responding to three (3) incidents on Highway 3 (Talbot Line). The municipality has received approximately 54,125 form the MTO. The following chart indicates the total dollars received annually from the MTO for responding to calls on provincial highways. MTO Fees Recieved - Annual 9800 1 2000 1 0000 e 8000 S 6000oo 4ooo 2000 0 General Str affi r dv il I e App ar atus On September 29,2009 staff conducted a pre-delivery inspection of the new apparatus. Delivery to the dealer will occur on October 9,2009. The dealer will complete final preparations with anticipated delivery to the Department the week of October 20,2009. Fire Master Plan On September 17,2009 The Steering Committee met with Corfield and Associates to commence the Fire Master Planning process. Meetings with fire department members are scheduled for October 19,2009. Port Burwell Station Renewal The Committee has conducted two meetings along with research regarding the potential to replace the Port Burwell fire station. Stratesic Goals Goal#4 - Be dedicated to service excellence. Staff Report P2009-032 regarding 2009 Third Quarter Report -... Page 211 of 405 Staff Report P2009-032 regarding 2009 Third Quarter Report -... Page 212 of 405 CORPORATION OF THE MUNICIPALITY OF BAYHAM STAF'F REPORT TO: Mayor & Members of Council DATE: November 5,2009 F'ROM: Paul Groeneveld FILE: L04 By-law Enforcement Offi cer SUBJECT: 2009 Canine Control Services/Contract NUMBER: P2009-033 Purpose: Obtain Council approval for the Mayor and Clerk to execute a contract agreement for Canine ControlÆound Keeper Services for 2010. Background: Dog Control By-law #2009-059 provides for the prohibiting and regulating of dogs running at large within the Municþality and authorizes the seizing and impounding of any dogs found to be running at large. Since 2003 Rodger Martin of Lobo Pines Kennel (#56481Eden Line) has provided canine control and pound keeper services for the Municipality of Bayham. In 2009 Mr. Martin's fees remained the same as 2008. Effective Mlay 2009 the Municipality of Bayham recovers from the dog owner all fees related to impoundment of dogs. M¡. Martin receives the following fees for Canine Control services. Activity tr'ee MonthlyRetainer $1000 Per Dispatch $s0 Daily Impoundment (max. 3 davs)$15 Patrol (if requested)$25lhour plus mileage Quarantine (if requested)$50/pick up + $10/day of quarantine period Court Appearance $25lhour plus mileage Reimbursement of Authorized Veterinary Expenses Actual Expenses Incurred Dog Owner Redeeming Dog $s0 Staff Report P2009-033 regarding 2009 Canine Control Service... Page 213 of 405 The following chart indicates the costs the municþalityhas incurred on an annual basis for Canine Control Services. The 2009 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.) Annual Ganine Gontrol Agent Gosis 20000 15000 E f, roooo o 5000 0 05 06 07 08 09 Year Staff Comments: Staffanticipates the costs for 2010 will be consistent with the projected costs for 2009. The projection is based on average number of dogs impounded and euthanized from 2005 - September 2009. Mr. Ma¡tin is prepared to renew the contract for 2010 canine control and pound keeper services under the same terms and conditions as contained within the 2009 contract. Mr. Martin continues to provide his services in a professional mannsr. Staffhas received no complaints regarding the current canine control ofEcer and/or the pound facilities. Options: 1. Renew the contract with Rodger Martin for Canine Control/Pound Kee,per Services by authorizing the execution of the Contract attached to draft ByJaw #2009-122. 2. Direct staffto tender for Canine Control/Pound Keeper Services for 2010. 3. Take no action at this time. Staff Report P2009-033 regarding 2009 Canine Control Service... Page 214 of 405 Strateeic Goals Goql #I - Practice responsíblefinancial management Goal #4 - Be dedicated to semice excellence Recommendation: THAT staff report #P2009-033 regarding20lÛ Canine Control Services Contract be received; AI\D TIIAT Council accepts the proposal submitted by Rodger Martin for Canine ControUPound Keeper Services; AND THAT By-law #2009-122 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. Staff Report P2009-033 regarding 2009 Canine Control Service... Page 215 of 405 THE CORPORATION OF TIIE MTINICIPALITY OF BAYHAM BY-LAW NO. 2009-122 A BY-LAW TO AUTHORIZE THE EXECUTION OF A}[ AGREEMENT BET\ilEEN THE MT]NICIPALITY OF BAYIIAM AND RODGERMARTIN FOR THE PROVISION OF CANINE CONTROL/POUND KEEPER SER\rICES WHEREAS the Municþality 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. THEREF'ORE THE COTJNCIL OF THE CORPORATION OF THE MI'NICIPALITY OF BAYHAM ENACTS AS FOLLO\MS: 1. TIIAT the Mayor and Clerk be and are hereby authorized to execute the Agreement attached hereto as Schedule r6At' and forming part of this By-law between the Municipality of Bayham and Rodger Martin for the provision of canine control officer and pound keeper services. 2. THAT this By-law shall come into full force and effect upon the first day of January 2070. READ A FIRST, SECOND AND TIIIRD TIME, AND FINALLY PASSEI) TIIIS 5th DAY OF November 2009. MAYOR CLERI( Staff Report P2009-033 regarding 2009 Canine Control Service... Page 216 of 405 THIS AGREEMENTmade induplicate this 5th dayof November 2009. BETWEEN THE CORPORATION OF TEE MUNICIPALITY OF BAYHAM -Aì{D- RODGERMARTIN orvner & operator of Hereinafter called the "Municipality'' of the First Pa¡t LOBO PINES KENNEL Address: 56481 EdenLine, RR#l EdenNOJ lHO Telephone: (519) 866-3909 Hereinafter called'Martin" ofthe Second Part \ilHEREAS the Municipalþ of Bayham desires to provide for Canine Control Services for the residents of the Municipality of Bayham; A¡lD WEEREAS Rodger Martin, owner and operator of Lobo Pines Kennel has agreed to extend the agr€ement to supply the services of canine contol and pound keeper for the residents of the Municipality of Bayham; NOW THEREFORE this Agreement wiûresseth that in consideration of the mutual covenants herein conüained, the parties agree with each other as follows: MARTIN CONVENANTS AND AGREES AS FOLLOWS: 1. Canine Control Services 1. I Martin shall provide the services of Canine Contol Ofücer and Pound Keeper within the geographic limits of the Municipality of Bayham and agrees to pick up stay dogs. 1.2 Martin shall provide a vehicle suiøbly equipped to pick up such stray dogs. The vehicles shall be maintained in a safe and clean condition. 1.3 Martin shall expresslyunderstand that at no time shall the said vehicle become the property of the Municipality and that the responsibility for its operatior¡ fuel, maintenance, license and insurance shall rest solely with Martin. Martin shall agree to indemnifr and save harmless the Municipality from any and all claims arising out of or in connection with the use of the said vehicle. 1.4 Martin shall agree to answer all telephone complaints authorized by Municipal staff as quickly as possible and to carry out patols within the Municipality, if requested. 1.5 Martin agtees to respond to Municipal staff requests for the pick up of confined dogs during the hours of 8:30 a.m. to 4:30 p.m. Monday through Frida¡ 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 P2009-033 regarding 2009 Canine Control Service... Page 217 of 405 interior of a building or fenced in area. Martin may at his discretion do pickups after 4:30 p.m., before 8:30 a.m., on weekends and statutory holidays. 1 .6 Martin agrees to respond to humane requests for the pick up of dogs atlarge that are deemed vicious, injured and./or ill, when requested by Municipal staff. 2. Pound Facilities 2.1 Martin shall provide and maintain a pound facility to be located within ttre geographical limits of the Municipality of Bayham to serve the residents of the Municipality. Such facilþ 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 anyRegulations thereof. 2.2 Martin shall ensure that pound facilþ and all dogs impounded shall be kept clean, well cared for, fed and watered during the time of confinement. 2.3 Sick or Injured Dogs: (a) Martin shall ensure that all sick or injured dogs will receive immediate medical attentionby certified veterinary staff. If, in the opinion of the medical staff, any dog is too severely injured or diseased and medical ca¡e will only prolong the suffering of the dog, the dog shall be humanely euthanized by a certified veterinarian and properþ 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 their disposition, which shall be submitted to the Municipality withìn ten (10) days following the end of each month. 2.5 Martin shall ensure that all dogs impounded shall be kept for a minimum of 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 Ma¡tin. 2.6 Martin shall attempt to contact the owner of any dog as quickly as possible. 2.7 When Mafin quarantines an animal 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 contactphone 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 contained within Bayham's Dog Control By-law #2009-059 and amendments thereto, together with any and all veterina¡y 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 experuies, if applicable. 2.lI Martin agrees that any dogs imFounded shall not be released to the owner or other person until confirmation is received from the Municipality that impoundment fees have been paid to the Municipality and that a current tag has been purchased from the Municipality. 2.12 Martin agrees that any dog not claimed by the owner shall become the property of Martin and may be adopted, gifted, sold or humanely euthanized and properly disposed of, in accordance with the Animals for Research Act, R.S.O. 1990, Chapter A.22, as amended and any Regulations thereof. Staff Report P2009-033 regarding 2009 Canine Control Service... Page 218 of 405 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 occulrence for third party bodily injury and property damage. The coverage shall include the Municipalþ of Bayham as an additional insured in respect of all operations perforrned 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 frled with the Municipality upon the signing of the Agreement and annually thereafter throughout the term of the Agreement. 3.2 Martin shall agree to fulfill 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 rnay occur. Martin shall indemniff and save harmless the Municipality from any and all charges, fines, penalties and costs that maybe incurred orpaid by the Municipality. 3.3 Martin shall provide a Certificate from Workplace Safety and fnsurance Board indicating that all paym.ents by Martin to the Boa¡d in conjunction with this Agreement have been made and that the Municipalþ will not be liable to the Board for future palments 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 CONVENANTS AI\ID AGR.EES AS FOLLOWS: 4. Canine Control Officer 4.1 The Municipality shall by appropriate By-law appoint Rodger Martin as Canine Control Ofücer and Pound Keeper for the Municipality of Bayham, effective immediately and to hold office during such time as the Agreement is in full force and effect. 5. Remuneration 5.1 The Municipality shall, in return for Martin providing canine control and pound facility services, pay to Martin upon submission of monthly reports and invoices, the fees accorditg to Schedule'4" 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 immediatelyreturned 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 Regulations 22 and 23. THE PARTTES HERETO COVENANT AND AGREE AS FOLLOWS: 7 . That this Agreement shall take effect on the 1s day of January 2010 shall ¡emain 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 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 tenninate on the forty-fifth day following the date of the mailing. 6. 6.1 6.2 6.3 Staff Report P2009-033 regarding 2009 Canine Control Service... Page 219 of 405 9. It is understood by the parties hereto that there will be no adjusünent in fees paid by the Municipality during the full terrr 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. I l. Any notice required to be given under this Agreement must be in writing and in the case of the Municipality, to: The Clerþ The Municipality of Bayham 9344 PlankRoad, PO Box 160, Straffordville Ontario NOJ lYO; and in the case ofMartin to:RodgerMartin, Lobo Pines Kennel 5648 I Eden Line, RR#l Eden Ontario NOJ lHO. 12. That there have been no representations, oral or written, by either pafy, save as contained herein. 13 That every covenant, proviso and agreement herein contained shall ensuro 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 beingjoint and several and that when the context so requires orpermits, 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. WTINESS WHEREOF the seal of the party of the First Parfy duly attested thereto by the hands of its proper signing ofücers. SIGNED, SEALED AND DELIVERED, this 5th day of November ,2009 Authorized by Bayham By-law #2009 -122 THE CORPORATION OF THE MUNICIPALITY OF BAYIIAM per Mayor, LlmnAcre Clerh L>mdaMillard WITNESS WIIEREOI'the part of the Second Part has hereunto set is hand and seal. SIGNED, SEALED AI.ID DELIVERED, this day of ,2009. In the presence of ) ) ) ) Witness:) RODGERMARTIN ) ) Staff Report P2009-033 regarding 2009 Canine Control Service... Page 220 of 405 CANINE CONTROL SERVICES AGREEMENT BETWEEN THE CORPORATTON OF TIIE MUI\ICIPALITY OF'BAYHAM AI\D RODGERMARTIN Owner & operator of LOBO PINES KENNEL SCHEDTJLE TúA'' Fee: l. Monthly Retainer Fee 2. Fee Per Dispatch as authorized by Municipal Søff 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 $ 15.00 $ 25.00 per hour, plus municipal rate allowed per kilometer $ 50.00 forpickup of animal plus $1O/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 $ s0.00 Staff Report P2009-033 regarding 2009 Canine Control Service... Page 221 of 405 CORPORATION OF THE MUNICIPALITY OF BAYHAM STAFF REPORT TO: Mayor & Members of Council FROM: Administrator SUBJECT: Surplus Fire Department Pumper Truck DATE: November 5,2009 FILE: P I (o NUMBERz P2009-034 Purpose Obtain Council approval to dispose of the surplus Fire Department Pump Truck. Backsround The Municipality recently acquired its new pumper/rescue truck for the Straffordville Fire Station. The vehicle was acquired to replace the existing 1984 Pump Truck, which was taken out of service upon delivery ofthe new vehicle. Staff Comment The 1984 vehicle has been removed from service. Discussions with the Station Chief have confirmed the vehicle is surplus to the station's needs, and there is no interest in retaining it. The value of the surplus vehicle is difficult to determine, but is not expected to be substantial. Staff recommends disposing of the pump truck using a public bid process (to the highest bidder) similar to the process used to dispose of the surplus pumper from the Pt. Burwell Station and surplus tanker from the Straffordville Station. Given the expected value of the vehicle, staff suggests utilizing several low cost options for proceeding with a bid process, including: . Listing on Municipal web site and municipal offrce sign (no cost) . Advertise in area "Heavy Truck Trader" (estimated cost $105/2 weeks) . Ontario Association of Fire Chiefs website listing ($50 for members) Listing the vehicle on E-Bay restricts the Municipalþ's ability to provide an open and fair tendering process due to the selling and bidding provisions of the E-Bay website. Staff recommends using this process in the event the vehicle does not sell through other avenues. Recommendation 66That Staff Report P2009-034 be received for information, AND That staff be authorized to dispose of the surplus 1984 Ford pump truck as outlined in Report P2009-0034." Staff Report P2009-034 regarding Surplus Fire Department Pum... Page 222 of 405 MUNICIPALITY OF BAYHAM MEMORA'VDUM fos DATE: October 14,2009 TO: Members of Council FROM: Paul Groeneveld Fire Chief RE: 2010 Budget Proposed Initiatives Dear Members of Council: In2009, during the budget deliberation process, staff proposed cost saving initiatives for both the2009 and 2010 budgets. (See attached memorandum dated March 9,2009). The initiatives included increasing dog tag fees, eliminating services of the dog- licensing agent and implementing a user pay system for impounded animals. The user pay system for impounded animals was proposed, approved and implemented in 2009. Increasing dog tag fees and eliminating dog licensing agent services were proposed for the 2010 budget year. 1n2009 Council approved these initiatives in principle. At this time staff has not undertaken to implement the initiatives for dog tag fees and licensing agent services. In order to research, develop and propose recommendations for Council consideration in late 2009 or early 2010 staff immediately requires Council direction regarding their intent to implement the above initiatives in 2010. Fire Chief Staff Memorandum regarding 2010 Budget Proposed Initiatives.... Page 223 of 405 MUNICIPALITYOF BAYHAM MEMORAND(TM TO: Council FROM: Suzanna Dieleman Mantel RE: Proposed 2009 budget NUMBER: 12 DATE: March 9,2009 The following items have been incorporated into the 2009 budget as per council,s deliberations: 1. Increase dog tag fees - this does not take effect until 201 0. 2. Eliminate dog-licensing agent - this does not take effect until 2010. 3. Implement user pay system for impounded animals - $2,000. 4. Reduce recycling pick-up to bi-weekly - $10,000. 5. Freeze council and non-union staff remuneration for one year - 522,000. 6. Reduce parks maintenance wages by one-half student - $4,000. 7. Reduce museums budget by $12,500. 8. Reduce tourism budget by $11,500. 9. Increase draw from policing reserve for one year - $10,000. 10. Fund fire master plan from reserye - $8,000. I 1. Increase interest on outstanding taxes - $4,000. 12. Increase investment income - $10,000. 13.Utilize portion of 2008 surplus - $30,000. 14. Added capital funds for dredging harbour - $20,000. The cumulative effect of the above changes is a net reduction of $104,000 from the budget as presented to council. Staff Memorandum regarding 2010 Budget Proposed Initiatives.... Page 224 of 405 2009.07.22 6.3 9050 MUNICIPALITY OF BAYHAM 1011512009 1:42PM Accounts Payable Royal Bank Cheque Register - 1011512009 001060 1025276 oNTAR|O tNC 52248 KEYS 06t17t2009 I 33.90 007330 Cheque Amount - 33.90 OOOO23 AAROCAGGREGATES LTD J058958 ROUND STONE 09t28t2009 I 898.77 007331 J059088 CRUSHED STONE, GRAVEL 09/30/2009 I 2,713.47 007331 Gheque Amount - 3,612.24 001391 AFFORDABLE PORTABLES 15475 UNIT RENTAL - BEACH 0813112009 I 551.25 007332 Cheque Amount - 551.25 000036 AGRO SPRAY LIMITED 170451 C|-AMPS, ADAPTOR 09t24t2009 I 14.43 007333 Cheque Amount - 14.43 OOOO38 AIR LIQUIDE CANADA INC. 34971627 GAS CYLTNDER LEASE 09/30/2009 r 66.15 007334 ChequeAniount- 66.15 OOOO52 AMTELECOM COMMUNICATIONS Ocf 5198665521 MONTHLY TELEPHONE '1010112009 I 1,223.66 007335 Oct 51987¡14054 TELEPHONE - INTERP CENTRE 1010112009 I 69.88 007335 Cheque Amount - 1,293.il 001229 AYLMER & AREA CHAI/IBER 898 AGM DINNER TICKET 10/08/2009 r 45.00 007336 Cheque Amount - 45.00 æ0075 AYLMER EXPRESS 00001,18533 SALE OF I-AND, FALL BRIDAL 09/30/2009 I 255.78 OO7337 Cheque Amount - 255.78 OOOO81 AYLMER TIRE 0000058279 STRATGHTEN Wt-tEEL 1010A2009 I 57.79 007338 Cheque Amount - 57.79 OOOI4I CAIN'S AUTO SALES & SERMCE 6722 LOF 09t11t2009 I 44.02 007339 6727 ROTORS, CALIPERS, OIL 091',t112009 r 1,385.97 007339 6832 REPLACE FUEL PUMP 09t29t2009 r 930.26 007339 6839 REPLACETANKSTRAPS 09/30/2009 I 126.06 007339 Cheque Amount - 2,486.31 OOO153 CANADIAN INSTITUTE OF 127631 C|CA HANDBOOK 09/30/2009 I 90.56 007340 Page 1 Cheque Register being Cheque #7330 to Cheque #7445 inclusive... Page 225 of 405 2009.07.22 6.3 9050 194943 194979 195270 CHIPPING CHIPPING CHIPPING TIE ìA/RAPS WRENCHES VINYL DECALS MUNICIPALITY OF BAYHAM Accounts Payable Royal Bank Cheque Register- 1011512009 10Í1512009 1:42PM ChequeAmount- 90.56 000160 CANONCANADAINC. 6309010 METER BILLING 10/09/2009 I 521.67 æ7341 Cheque Amount - 521.67 OOO212 COUNTY OF ELGIN 1N000017450 ocToBER'09 POLTCE SERVTCES 10102t2009 I 56,530.41 007342 Cheque Amount - 56,530.41 001432 CULLIGAN J0933350515 UNIT RENTAL OOO224 D.PETERS PAVING INC 9287 PAMNG 10lo'v2009 I 26.20 007343 Cheque Amount - 26.20 10/06/2009 I 41,148.45 007344 Cheque Amount - 41,148.45 001607 DENNISHAGGERW materials INTERP CENTRE DISPLAY MATER 1010712009 I 994.,t8 007345 Cheque Amount - 994.,1t! 000001 DPoc 051 POSTAGE 1011512009 I 1,050.00 007346 Cheque Amount - 1,050.00 000369 GEORGE BURNETTLTD 46 47 48 09/01/2009 I 409.50 0073/.7 0910412009 I 378.00 007347 09/08/2009 I 630.00 007u7 0912912009 I 81.71 007349 09/30/2009 I 58.92 007349 10/09/2009 I 49.16 007349 Cheque Amount - 1,417.50 001258 HENNESSYGIBSON HOGAN 51863 LEGAL SERVTCES 10t05t2009 I 661.94 007348 Cheque Amount -661.94 OOO991 HORVATHAUTO PARTS ChequeAmount- 189.79 OOO427 HYDRO ONE NETWORKS INC Oct 0024ù14793 UTILITIES - GARAGE 10l07l200g I 461.70 007350 Oct 06571-44066 UTILITIES - METER CHAMBER 10/05/2009 I 42.66 007350 Oct 35795-43000 UTILITIES - PUMP# 6 10/06/2009 I 481.15 007350 Oct 5037G20077 UTILITIES - VIENNA LIBRARY 10/06/2009 I 113.95 007350 Oct 62760-43000 UTILITIES - E.C.C. 10105/2009 I 126.42 007350 Page 2 Cheque Register being Cheque #7330 to Cheque #7445 inclusive... Page 226 of 405 2009.07.22 6.3 9050 1-38&11 1-39080 otL BATTERY MUNICIPALITY OF BAYHAM Accounts Payable Royal Bank Cheque Register - 1011512009 1011512009 1:42PM ocf6277ù20225 UTTLTTTES - VTENNA MEM PARK 10t06t2009 t 131.27 007350 Oct 68850-12275 UTILITIES - PB PUBLIC WORKS 'l0l05l20Ûg I 219.01 007350 ChequeAmount- 1,576.16 OO1608 INNER BAY DRAGLINES INC 26il TAR & CHIPPING OOO5IO KLASSENAUTO PARTS 1-37900 SPRTNGS 1010612009 I 1,480.50 007351 Cheque Amount - 1,480.50 09104t2009 I 14.88 007352 09fi7/2009 I 40.14 0073s2 09/19/2009 I 76.86 007352 0912312009 I 2.51 007352 09/30/2009 I 17.77 007352 09/30/2009 I 35.53 007352 r-39320 CL|PS 1-398s8 GLOVES 1-39866 GLOVES ChequeAmount- 187.69 OOO525 LAEMERS EXCAVATING richmond road EXCAVATOR, CLEAN UP 09/10/2009 I '1,417.50 007353 Cheque Amount - 1,417.50 000526 L.AEMERS TRUCKING LTD 2118/. EXCAVATOR, BACKHOE, TRUCKS 09t24t2009 r 4,585.88 007354 Cheque Amount - 4,585.88 000564 LYNDA MILIáRD F2009050 DEHUMTD|F|ER, SUPPLTES ',t0t13t2009 I 329.24 0073s5 Cheque Amount -329.24 OOO6IO MINISTER OF FINANCE Order#1¡1495066 ONTARIO GAZETTE SUBSCRIPTIO Ogt2Sl2OOg I 132.83 007356 r/'-> t D ll'ð-" ^.-r suV¡ Scr-\ rp Cheque Amount -132.83 000623 MUNICIPALITYOF BAYHAM SepUOct Petty SEPT/OCT'o9 PETTY CASH 1011512009 I 180.37 007357 Cheque Amount - 180.37 000635 NEOPOST CANADA LIMITED 11710092 METERRENTALCONTRACT 10t05t2009 I 628.65 0073s8 Cheque Amount - 628.65 000645 NORFOLKCOUNTY 12077 ROAD SURFACE TREATMENT 10t08t2009 I 161,144.76 007359 Gheque Amount - 161,144.76 OOOT1O PORT BURWELL HOME HARDWARE 7219 MEMORY CARD 09t02t2009 I 50.84 007360 7225 |-AUNDRY DETERGENT 09/03/2009 I 12.42 007360 Page 3 Cheque Register being Cheque #7330 to Cheque #7445 inclusive... Page 227 of 405 2009.07.22 6.3 9050 7229 7299 7300 7306 7308 7321 4't336 41337 æ0806 SGS CANADA INC '10377172 10377173 10377174 10378294 OOO93O TSCSTORESL.P. 181024446 '18105802 18106632 343198 343639 343817 MUNICIPALITY OF BAYHAM Accounts Payable Royal Bank Cheque Register - 1011512009 1011512009 1:42PM ELBOWS, ADAPTER, FITTI NG SPONGES, CLEANER olL PIPE INSUIáTION, KNIFE ROPE ANTIFREEZE. COILS 09/03/2009 0912112009 0912112009 0912312009 0912412009 09t2st2009 18.34 007360 19.15 007360 6.25 007360 2.32 007360 11.07 007360 19.63 007360 OOO727 PUROLATOR COURIER LTD 406404930 COURIER SERMCE OOO742 RBC LIFE INSURANCE COMPANY 21&42 Sept'09 SEPTEMBER'09 REMIT OOO783 ROYAL FENCE LIMITED Cheque Amount - 1010212009 I 140.02 25.16 007361 007362 007365 Cheque Amount - 09/30/2009 I 25.16 68.'t5 Cheque Amount -68.15 1,099.16 007363 7,869.75 007363 09/30/2009 09/30/2009 GUARD RAIL REPAIRS LIGHT LINE I.AB FEES LAB FEES I.AB FEES LAB FEES COUPLER, ADAPTOR, MESH DRI\ÆWAYSEALER DRIVEWAYSEALER SCREWS, WASHERS GRASS SEED CONCRETE MIX Cheque Amount -8,968.91 547.05 007364 190.05 00736,1 111.30 0073ô4 422.10 007364 0912512009 09t25t2009 0912512009 09l28t2@9 I I I I 001369 TILLSONBURG FIRE & O9.OO73 DISPATCHING SERMCES Cheque Amount - 10t01t2009 I 1,270.50 4,199.52 Cheque Amount -4,199.52 æ.37 007366 33.89 007366 33.89 007366 0912312009 1010812009 1010612009 I I I OOO953 VIENNAHOME CENTER LTD 342678 PATNT 342977 CONCRETE MIX, UTILITY KNIFE Cheque Amount -132.15 23.57 007367 21.42 007367 45.20 007367 20.33 007367 67.63 007367 09/03/2009 0911012009 09t15t2009 09125t2009 09/30/2009 Cheque Amount -178.15 Page Cheque Register being Cheque #7330 to Cheque #7445 inclusive... Page 228 of 405 MUNICIPALITYOF BAYHAM Accounts Payable Royal Bank Cheque Register- 1Ol15l20OS OOO957 VOTH SALES & SERVICE LTD OOO99O ZAP'STREEAND L.AWN SERVICE 00001,106 REMOVE TREES OOOO14O7 TREEPRUNING Gheque Run Total -300,8ô5.72 Cheque Register being Cheque #7330 to Cheque #7445 inclusive... Page 229 of 405 000623 MUNICIPALITYOF BAYHAM 10120f2w9 I 113,75¿.04 Cheque Register being Cheque #7330 to Cheque #7445 inclusive... Page 230 of 405 2009.07.22 6.3 9050 001610 CPCS TRANSCOM LIMITED MUNICIPALITYOF BAYHAM Accounts Payable Royal Bank Cheque Register- 1012112009 HARBOURFEASIBILITYSTUDY 1OI21I2OO9 I ChequeAmount- Gtreque Run Total -31,407.00 10f2112009 ñ7371 Page Cheque Register being Cheque #7330 to Cheque #7445 inclusive... Page 231 of 405 2009.07.22 6.3 9050 MUNICIPALITY OF BAYHAM Accounts Payable Royal Bank Cheque Register - 1012212009 OOOO31 ADT SECURITY SERVICES CANADA 39997153 A|-ARM - EDTSON MUSEUM 10t2012009 I 3ù4.77 007372 Cheque Amount - 3U.77 OOO114 BOBBUTLER 0000239992 WORKBOOTS 1010312009 I 180.78 007373 Cheque Amount - '180.78 001271 BRENDAGIBBONS flyer mailout WOOD STO\Æ SAFETY FLYERS 1012?/2009 I 320.36 007374 ChequeArnount- 320.36 OOO1il CAI{ADIAN KOOLWATER 1012212009 3:04PM 2-1502 2-1569 2-1570 2-1638 2-1676 2-1679 WATER BOTTLES WATER BOTTLES WATER BOTTLES WATER BOTTLES WATER BOTTLES WATER BOTTLES 09/0r/2009 I 48.00 007375 09/15/2009 r 66.00 007375 0911412009 I 74.00 007375 0912912009 I 50.00 007375 10/06/2009 I 64.00 007375 10/06/2009 I 40.00 007375 Cheque Amount - 1,294.98 Cheque Amount - 342.00 OO128O CANADIAN MUSEUMS ASSOCIATION membership 2@2262 RENEW MEMBERSHIP 1011312009 I 105.00 007376 Cheque Amount -105.00 OOO171 CBSC CAPITAL INC 2988571 COPIERRENTAL OOOIOO CORPORATE EXPRESS 1011112009 I 1,294.98 0073n 2360æ21 SUPPLIES 10t14t2m,9 I 80.58 007378 Cheque Amount - 80.58 001438 CORPORATION OF THE TOWI.ISHIP 099/09 MATERTALS-2009L|NEpArNTrNG 10/'16/2009 t 22,530.00 007379 Cheque Amount - 22,530.00 OOO25O DEL.BAC SALES LIMITED 202663 GARBAGE BAGS, CLEANERS 08/04/2009 I 170.æ 007380 Cheque Amount - 170.64 001026 DR. C. L. LEATHERDALE 0s4 coLr-ABoRATToN FEE - AUG'09 10t2112009 r 800.00 007381 ChequeAmount- 800.00 OOO272 DYNAMIC FLUID PRODUCTS INC f-93114-0 QUICK COUPLER, VALVE 1011512009 I 88.96 007382 f-93229-0 COUPLERS 10115/2009 I 53.07 007382 Page 1 Cheque Register being Cheque #7330 to Cheque #7445 inclusive... Page 232 of 405 t-932434 l-93308{ l-93400-0 l-934164 OOO283 EDMATTHEWSCARPENTRY 010170 010174 2009.07.22 6.3 9050 ELBOWS ELBOWS PIPE CRIMPS, HOSE REPAIR TO CEILING - EDISON ROOFING INSTALLED - EDISON ADAPTORS, COUPLING HYDRO PUMP, POLY UTILITIES - STRAF LIBRARY UTILITIES - MED BLDG UTILITIES - PUMP# 5 UTILITIES - OFFICE UTILITIES - PUMPPI UTILITIES - STRAF FIRE UTILITIES - PUMP# 3 UTILITIES .PUMP#2 uTtLtTtEs - s.c.c. MUNICIPALITY OF BAYHAM Accounts Payable Royal Bank Cheque Register- 1012212009 1011512009 't011912009 't012112009 10t2112009 Cheque Amount - 10t22t2009 3:04PM 007382 007382 007382 007382 007383 007383 007384 007385 I I I I 82.72 16.97 6.06 175.90 09t28t2009 10/09/2009 423.æ 189.00 454.10 Cheque Amount -683.10 920.U 001611 EDWARDS DOOR SYSTEMS LTD 0000008259 @0322 EVANS UTILITY 0000134826 OOO334 FASTENALCANADA ONTIS29593 PARTS ONTIS2968:} PARTS 000357 G& KSERVICES CAI'¡ADA INC 1518466846 OO1O27 GREEN LEAAG CENTER INC SERMCE DOORAND HARDWARE 1OI2OI2OO9 I Cheque Amount- STEEL ROD. SERVICE BOX 10t05t2009 I Cheque Amount - 1010212009 1010712009 Cheque Amount - SHOP TOV\ELS, FLOOR MATS 'IOI15I2OO9 I Gheque Amount - 920.U 427.20 427.20 æ.2't 007386 66.96 007386 1011312009 101't312009 239.80 26.70 2,570.50 135.',t7 239.80 007387 00738{¡ 007388 00000æ600 00000994rc OOO427 HYDRO ONE NETWORKS INC Oct 06460{8880 Oct 1266062007 Oct 15773€8016 od 25260{9578 Oct 53993-93004 Oct 68860{8015 Oct 7339441003 Oct 86590€7008 Oct 87ilùí5034 2,597.20 183.39 007389 57.53 007389 345.88 007389 331.31 007389 51.68 007389 211.83 007389 66.84 007389 208.02 007389 886.36 007389 Cheque Amount - 10/09/2009 10/09/2009 10/09/2009 10/09/2009 1011312009 10/09/2009 1011312009 l0/09/2009 10/09/2009 OOO485 JUST PIPE & FITTING INC. Cheque Amount -2,342.U Page Cheque Register being Cheque #7330 to Cheque #7445 inclusive... Page 233 of 405 2009.07.22 6.3 9050 01339S2 01398l.2 MUNICIPALITY OF BAYHAM Accounts Payable Royal Bank Cheque Register- 1012212009 1012212009 3:04PM Cheque Amount - 5,765.28 OOI253 KETCHUM MANUFACTURING INC 3603 2010DOGTAGS 't0t13t2009 I 200.75 007391 Cheque Amount - 200.75 OOO513 KOOLEN ELECTRIC 15021 REPATR AT WORKS YARD 10115t20Æ,9 I 151.73 007392 Cheque Amount -151.73 OOO235 LIPPERT & \A/RIGHT FUELS LTD. 64301 REGGAS 64302 DIESELDYED 64303 ULS DIESEL 65377 REGGAS 65378 DIESEL DYED 67680 ULS DIESEL 67681 DIESELDYED 67682 REGGAS OOO548 LLOYD MCQUIGGAI.I & SONS P|-AST|C TUB|NG, COUPLERS 09/03/2009 I 488.06 007390 PLASTTC TUB|NG, COUPLERS 09t24t2009 I 5,277.22 007390 09/10/2009 I 742.98 007393 09/10/2æ9 I 562.54 007393 09/10/2@9 I 993.,14 007393 o9l't7t20É9 I 960.24 007393 09t17t2009 I 581.54 007393 09129t2009 I 1,287.87 007393 0912912009 I 700.60 007393 09t29t2009 I 1,055.11 007393 Cheque Amount - 6,884.32 032445 HAULINGGRAVEL 10/09t2009 1 2,229.50 æ7394 Cheque Amount- 2,229.50 OOO588 MCBAIN SIGNS & GRAPHIC DESIGN 10320 MAGNETTC LOGOS 10/09/2009 I 293.80 007395 Cheque Amount - 293.80 001251 PK CONSTRUCTTON tNC paymentcert#1 SEPTAGE RECEIVING 09/30/2009 I 103,718.54 007396 Cheque Amount - 103,718.54 000660 RELIAI.ICE HOME COMFORT 00663103047210'18 Oct WATER HEATER RENTAL 10/09/2009 I 8.67 007397 Cheque Amount - 8.67 OOO752 RESQTECH SYSTEMS INC 0009260A PUMPERTANKER 1U2?J2009 ) 229,370.40 007398 Cheque Amount - 229,370.40 OOO77O RODGERMARTIN #9 Sept'09 SEPT'09 K-9 CONTROL SERVICE 09/30/2009 I 1,155.00 007399 OOO783 ROYAL FENCE LIMITED Cheque Amount - 1,155.00 Page 3 Cheque Register being Cheque #7330 to Cheque #7445 inclusive... Page 234 of 405 GUARD RAILREPAIR OOO784 ROYAL GI-ASS & MIRROR 73æ2 INSTATLWNDSHIELD @1305 SOLPI.AI.¡ REVIEW 152681{9 SUBSCRIPTION RENEWAL OOO829 SPECTRUM COMMUNICATIONS LTD 2009.07.22 6.3 9050 000050381f fino504095 406 OOO935 UNION GAS LIMITED @.27&.210Æ'19G9754 ocd27u210æ4æ725 MUN¡CIPALITYOF BAYHAM Accounts Payable Royal Bank Cheque Register- 10122f2009 10t't6f2009 10t22f2009 3:04PM oo7401 @7402 Cheque Arnount - 10/092009 I u5.74 282.50 Cheque Arnount - 10/0912009 I 001418 TELUS o162424æOßn3/,901 4 MOBILE H I GH SPEED o162424W1A6366069 CELL PHONE - B KNIFTON o1624249æ13t6780758 MOBILE HIGH SPEED o1624249€oßßt8174Ít MOBILE HIGH SPEED @0886 THERRIEN'S EXCAVATING OVERCALLS, HOLIDAY FEE ANSWERING SERVICE DRAIN REPAIRS uflLtTtES - E.C.C. UTILITIES. PUMP#.I ChequeAmount- 'tot15120æ 10t15f2009 52.50 19.45 007403 u.70 007403 I I I I Cheque Amount - 10/062009 I 16r.39 7.266.00 007405 0074o7 007408 007409 @7410 7,26ô.00 25.07 007406 18.90 007406 0@945 VAI\IBREE DRAINAGE & BULLDOZING ret¡m deposit OOOgg VIKING CIVES LTD 261809í 001609 WALKER DAIRY INC. reimburse REIMBURSE GST 000966 WEBER'S WELDING & MFG 13789 WELDING TENDER DEPOSIT. OTTERS EDGI .IOI2O|2009 I Cheque Amount - HYDRAULICCYLINDER.PARTS 10115/2Ñ9 I ChequeAmount- 101'1512009 I Gheque Amount-43.97 5,680.00 5,680.@ 529.99 529.99 48.28 GhequeAmount- 10/16/2009 I 123.45ChequeAmount- Page Cheque Register being Cheque #7330 to Cheque #7445 inclusive... Page 235 of 405 OOO982 WLTSIE TRUCK BODIES LTD 2,206,0 PIPE MUNICIPALITYOF BAYHAM Accounts Payable Royal Bank Cheque Reg-ister - lOn2PWg Cheque Register being Cheque #7330 to Cheque #7445 inclusive... Page 236 of 405 MUNICIPALITYOF BAYHAM 1Ol23l2OOg 3:01PM General Ledger Postlng Summary Trace: 010255 Report Date: 102312009 Accounts Payable Volded Gheque Flscal Year: 2009 Posted By: SANDRA Poetlns Pd.: l0 Posting Date: 1023f2009 01-010G1030 Generalbanl< 01-010G1950 Accounts Pa¡ableTnade CDIST payment previously submltted CDIST payrnent prcviously submltted Void Chq:7258 MUNICIPAL HEALTH &S Vold Chq:7258 MUNICIPAL HEALTH & S Total Debits TotalCrcdib Net Posting Page Cheque Register being Cheque #7330 to Cheque #7445 inclusive... Page 237 of 405 2009.07.22 6.3 9050 MUNICIPALITY OF BAYHAM General Ledger Posting Summary Trace: 010281 Report Date: 1023/2009 10l23l200g 4:07PM Accounts Payable Voided Cheque FiscalYeac 2009 PostedBy: SANDRA Posting Pd.: l0 Posting Date: 102312009 01{10G1030 Cieneral bank 01{10G1950 Accounb Pa¡able Trade CDIST subscription not required CDIST subscription not requircd Void Ghq:7356 MINISTER OF FINANCE Vold Chq:7356 MINISTEROF FINAT.ICE Tobl Debitrs Tohl Gedits Net PostÍng 132.83 -132.83 132.83 -132.83 0.00 Cheque Register being Cheque #7330 to Cheque #7445 inclusive... Page 238 of 405 2009.07.22 6.3 9050 l-93/.974 r-93499{ l-93523{ OOO322 EVANS UTILITY 0000134939 0000134940 MUNICIPALITY OF BAYHAM Accounts Payable Royal Bank Cheque Register- 1012912009 1012912005 11:164M OOOO23 AAROCAGGREGATES LTD J059361 GRAVEL J059362 GRAVEL OOI391 AFFORDABLE PORTABLES 15852 000220 CJDL 5367 5383 1012712009 10t27t2009 Cheque Amount - UNIT RENTAL - INTERP CENTRE 1012612009 I Cheque Amount - 23,047.15 æ7412 20,654.69 007412 43,701.U 103.69 oo7413 1012012009 1012112009 103.69 2,5U.91 007414 2,090.55 007414 OOO1OO CORPORATE EXPRESS 237038€4 BINDER CLIPS, ROLODEX 23711291 BINDER CLIPS OOO272 DYNAMIC FLUID PRODUCTS INC SEPTAGE RECEIVING STATION WATER SYSTEM RENEWAL CLAÀIPS, CRIMPS, HOSES ELBOWS COUPLERS, SPIRAL \A/RAP INNER TUBE, BATTERY PK COPPER PIPE, PARTS PARTS PARTS PARTS CABLE TIES Cheque Amount -4,675.46 85.63 007415 1.48 007415 10t27t2009 1012712009 Cheque Amount -87.11 u4.05 007416 54.24 007416 98.46 007416 1012312009 10123t2009 1012612009 I I I Cheque Amount -496.75 205.47 007417 5,348.86 007417 't0t19t2009 10/19/2009 Cheque Amount - 001288 FARMINGTON MECHANICAL INC. 007558 BACKFLOW TESTING & INSPECTI( 1012112009 I Cheque Amount - OOO334 FASTENALCANADA oNTts29887 oNTts29925 oNTts29977 oNTts30068 I I I I Cheque Amount - 001458 GEORGE'S AUTO REPAIRS 5,554.33 1,354.50 007418 10t15t2009 1011912009 10121/2009 10t23t2009 I,354.50 162.19 007419 37.87 0074'19 4.55 007419 32.42 007419 1't6509/5 116512/S I 16s67/S EMISSION TEST EMISSION TEST EMISSION TEST 't012712009 1012712009 't012812009 237.03 36.75 59.35 36.75 007420 007420 007420 I I I Cheque Amount -132.85 Page Cheque Register being Cheque #7330 to Cheque #7445 inclusive... Page 239 of 405 2009.07.22 6.3 90s0 MUNICIPALITY OF BAYHAM Accounts Payable Royal Bank Cheque Register- 1012912009 001328 H|-TECH CONTROLS (LONDON) 9185 SEPTAGE RECEIVING 09/30/2009 I ',16,272.00 007421 Cheque Amount - 16,272.00 OOO427 HYDRO ONE NETWORKS INC Oct 2539G07266 UTILITIES - VIENNA STL 1011912009 I 559.41 007422 Oct 25390-55002 UTILITIES - PB STL HV\Y 19 1011912009 I 1,649.85 007422 Oct 50221{5009 UTILITIES - SEWER PI-ANT 1012012009 I 4,571.78 007422 od-6239Ç22001 UT|L|TTES - STRAF STL 10t19t2009 I 1,037.36 007422 Oct 62790-07266 UTILITIES - RCHMD STL 'l0hSl200g I 185.20 007422 Oct 81590{7297 UTILITIES - EDEN STL '10Íl'92009 I 552.91 007422 Oct 87790{7295 UTILITIES - CORINTH STL 1011912009 I 232.11 007422 Cheque Amount - 8,788.62 000446 JACKIE BOOTLE Octl$Novl5/0g MANAGER FEES, SUPPLIES 1012612009 I æ2.1'l 007423 Cheque Amount - 802.1'l 001558 JOE JOHNSON EQUIPMENT INC. 0634172 BUSHTNGS, KNTVES 10t20t2009 I 660.40 007424 ChequeAmount- 660.40 OOO5O5 KEYSTONE COMPUTER RESOURCES 200900075 TRAINING - CEMETERY MANAGER 10t17t2009 I 169.50 @7425 Cheque Amount -169.50 OOO513 KOOLEN ELECTRIC 15018 CONNECTPUMP OOO572 MANULIFE FINANCIAL 100632274 NOVEMBER'09 REMIT 100632445 NO\ÆMBER'09 REMTT 10115t2009 I 577.54 007426 577.54 Cheque Amount - 9,739.41 OO.I591 MARK FEHR INSTALLERS roofing - straf lib I-ABOUR ONLY- STRAF LIB ROOF '1012612009 I 4,000.00 007428 Cheque Amount - 4,000.00 000610 MINISTER OF FINAI.|CE 8140 F|RE COLLEGE REGTSTRATTON 10t19t2009 I 325.00 007429 Order 1¿1495066 SUBSCRIPTION NOT REQUIRED 0912812009 C -132.83 007429 Order#14495066 ONTARIO GAZETTE SUBSCRIPTIO 0912812009 I 132.83 007429 Cheque Amount- 325.00 000616 MORSE ELECTRIC 5134 REPATRS - EDTSON & V.C.C. 1012212009 I 350.26 007430 1012912009 11:164M Cheque Amount - 't0l't612009 I 6,012.29 007427 1011612009 I 3,727.',12 007427 Page 2 Cheque Register being Cheque #7330 to Cheque #7445 inclusive... Page 240 of 405 2009.07.22 6.3 9050 MUNICIPALITY OF BAYHAM Accounts Payable Royal Bank Cheque Register- 10l29l200g Cheque Amount - 1010812009 I Cheque Amount - 1012912009 11:164M 00062,I MUNICIPALWORLD INC 1N00076886 ADJOFTAXES FORM 000633 NATURAL RESOURCE GAS LIMITED 350.26 102.23 007431 od.Et237&o1 od.81421241 Ocd E2238041 @.82420041 Oct E4540741 Ocf E45409{1 Oct E4541O41 Oct E51600{1 Oct F1929G01 Oct F2060041 Oct F26864{1 Oc{ G0621O-01 Oct G06305{l Oct G06307{1 Oct G15700-01 Oct G40407{l 1011912009 I 0/1 9/2009 10t19t2009 '10/19/2009 1011912009 1011912009 101't912009 10119f2009 10t20t2009 't0t20t2009 1012012009 10t21t2009 10121t2009 1012112009 10t21t2009 10121t2009 102.23 142.M 007432 99.56 007432 46.40 007432 232.05 007432 132.63 007432 14.95 007432 28.80 007432 230.81 æ7432 12.08 007432 40.26 007432 13.49 007432 35.04 007432 129.58 007432 236.89 007432 12.08 007432 12.08 007432 UTILITIES - FIREHALL UTILITIES - MED BLDG UTILITIES - PUMP #5 uTtLtTtES - S.C.C. UTILITIES. OFFICE UTILITIES - PUMP#2 UTILITIES - LIBRARY UTILITIES. GARAGE UTILITIES - EDISON MUSEUM UTILITIES - V.C.C. UTILITIES - PUMP#6 UTILITIES - PB LIBRARY UTILITIES - MARINE MUSEUM UTILITIES - PB FIREHALL UTILITIES. PB OPP OFFICE UTILITIES - PB WORKS GARAGE I I I I I I I I I I I ¡ I I I I 001480 NEWRO SALES (2004) LTD 65974 REPAIR KIT, DI PROBE, CUTTING 65980 REPAIR KIT, IMPELLER, CABLES Cheque Amount -1,418.74 2,188.39 007433 6,943.88 007433 10t16t2009 1011912009 000694 PAULGROENEVELD uniforms, training REIMBURSE Cheque Amount - 10t27t2009 I 9,132.27 't57.71 æ74U 007435 007437 Cheque Amount - 000691 PAUL MCQUIGGAN boots / coveralls REIMBURSE BOOTS, COVERALLS 1012912009 I Cheque Amount - 001612 PRIORITY HEALTH & SAFETY PHS365 FUEL SAFETYTRAINING OOO727 PUROLATOR COURIER LTD 10t22t2009 r l0/16/2009 I 157.71 205.36 205.36 472.50 007436 Cheque Amount -472.50 57.95406532391COURIER SERVICE Cheque Amount -57.95 Page Cheque Register being Cheque #7330 to Cheque #7445 inclusive... Page 241 of 405 20a9.07.22 6.3 9050 OOO733 R&RREFRIGERATION æ0752 RESQTECH SYSTEMS INC æot0l87 000814 SIFIO CA IiADA INC 72158936 72159249 MUNICIPALITY OF BAYHAM Accounts Payable Royal Bank Cheque Register- 10n912009 HEAT EXCHANGER. PB LIBRARY 1OI23I2OO9 I 1,690.50 ChequeAmount- 09/30/2009 I 1012912009 11:l6AM 007438 007439DUO SAFETY BRACKET BULK HIGHWAYCOARSE BULK HIGHWAYCOARSE @0874 TEAM TRUCKCENTRES Cheque Amount - 10122f2009 I4292950011BL.ACKSFÁTCOVER GhequeAmount- 000886 THERRIEN'S Ð(CAVATING 413 WLSONDRA¡N-REPAIRTILES 1ON6f2OO9 I WO922 TREVORTAYLOR re¡mburse ASSESSMENT OF FITNESS 000926 TROWASSOCIATES INC. ChequeAmount- 990431170 ENVIRONMENTALASSESSMENT 1OI13I2OO9 I 10,u2.01 1Æ.67 0lJ74/.1 1¡16.67 3,730.13 Cheque &nount - 10(27l2A0S I 3,730.13 15.00 0074ø.3 000981 wlsoN's t-AwN CARE Octþ9 OCT'O9I.ANDSCAP¡NG septo9 SEPT'o9 |-A¡\¡DSCAP|NG Cheque Amount-5.502.00 Cheque Run Total -138,873.17 I I I l I t l )Page Cheque Register being Cheque #7330 to Cheque #7445 inclusive... Page 242 of 405 8OR}¡ HUNICIPALITY OF BAYHAI{ TOT PACKETS - 2 '* ADP CANADAPAYROLL TECHNOLOGIES DAILY UPDATE REPORT COI'TPANY TOTALS ADJUST -CR CURRENT TOTAL 8,758.09 706.6L 2,243.56 1,00r.34 L2,709 .60 57,688. 00 50.00 37,758.00 80,447 -60 115.92 5.80 50,569.52 SERVICE CHARGES RUN: OCT 20 2oo9 NO: A PAGE: ll05 GST REG: 100057415 RTo004 COHPANY PAGE: 5 DEBIT DATE: OCT 2I , 2OO9 DATE 0F PAY: OCT 23, 2009 FEDL TAX NR TAX PROV TAX EI CONT QPIP CAN PEN QC PEN QC HSF ON EHT I{B HEI NL HAPSET TOT STATS CHEQUES DEPOS ITS US DEPS DED DEPS TOT NPAY RRSP RTI TOT PAYROL SERV CHRG GST PST GRAND TOT CURRENT 8,758.09 70é .6L 2,243.56 1,001.54 12,709 .60 37,688.00 50.00 37,738 - 00 50,447.60 LLs.92 5.80 50 ,569.52 ADJUST -DR YTD ADJUST ITEH PAYROLL RUNS YTD TOTAL I99,16I.2I FEDL TAX NR TAX PROV TAX 36,96L -37 EI CoNT QPIP 93,LA2.40 CAN PEN QC PEN QC HSF 23,220.70 0N EHT 1{B HET NL HAPSET 352,525.68 T0T STATS 56,607 .50 CHEQUES 447,L45.70 DEPOSITS US DEPS 1,1OO. OO DED DEPS 904,853.20 T0T NPAY RRSP RTI I,257,378.6E TOT PAYROL 3,I17.5I SERV CHRG I55.89 GST PST !,260,652.28 GRAND T0T ITEI{ UNITS SALARIED WORKPAYS 2L PAY ADVICE FOLD 32 TOTAL S./C SUBJECT TO GST IS: TOTAL PAYROLL DEBIT IS CI.{ARGE 35.59 7 .04 ANALYSIS OF I TEI{ HOURLY WORKPAYS COURIER FEE tL5.92 UN ITS II I CHARGE L7 -49 12.00 UNITS I CHARGE 46.OO 50,569.32 DEBIT INF0RI.IATI0N: 005 05I02 10II923 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 # 7 3 3 0 t o C h e q u e # 7 4 4 5 i n c l u s i v e . . . P a g e 2 4 3 o f 4 0 5 THE CORPORATION OF'THE MTJNICIPALITY OF BAYHAM STAFF REPORT TO: Mayor & Members of Council DATE: October 29,2009 FROM: Suzanna Dieleman Mantel, Treasurer FILE: SUBJECT: GIS/GPS Services 200912010 NUMBERzF2009-43 Purpose This report is to recommend approval for an agreement to provide GIS/GPS services for a three year term commencing November 2009. Background ln 2008, the municipality began sharing IT services with a number of other municipalities through the Township of Malahide. This has worked well for all parties involved in providing maintenance and on-going computer and technical support. Vy'e are proposing to enter into a similar shared services agreement with Malahide and Aylmer for GIS (mapping) services. While staff have worked diligently over the past year to acquire needed data and build a GIS database, we are still struggling to implement a useful mapping database. A well-built, up-to-date GIS system is a necessary tool that supports several of our departments on a daily basis. This service was approved during the 2009 budget deliberations. Discussion An agreement has been drafted by Malahide and reviewed by municipal staff. The agreement provides for equal ownership of all hardware, software and related licenses required to operate and maintain a GIS system. Bayham's share of this expense equals $15,557.05, for which $14,550 has already been set aside. The remaining portion can be paid for from the computer reserye. The agreement further provides for a purchase of time and services by the municipality at a rate of $40.37 for the remainder of 2009 and $48.48 for 2010 when certain licensing agreements commence. Bayham has committed to purchasing 7 hours per week for a total of $16,629 per year plus mileage. This is the same commitment as discussed during the 2009 budget deliberations. Attachments: 1 GIS/GPS Support Agreement Strateeic Goal(sl Goal #l - Practice responsible financial management. Goal#2 - Ensure reliable, well-maintained and secure infrastructure. Staff Report F2009-43 regarding GIS/GPS Services 2009/2010. ... Page 244 of 405 Staff Report F2009-43 regarding GIS/GPS Services 2009/2010. ... Page 245 of 405 THE CORPORATION OF THE MT]NICIPALITY OF BAYHÄM BY-LAW 2009-123 A BY.LAW TO AUTHORIZE TIIE EXECUTION OF AII AGREEMENT WITH TIIE TO\il}ISHIP OF MALAHIDE AND TIIE TOWN OF AYLMER FOR TIIE SHARING OF GIS/GPS SERVICES WHEREAS Corporation of the Township of Malahide proposes to retain staff for GIS/GPS services and to cıntract with the Town of Aylmer and the Municipality of Bayham to provide such services; AND \ilHEREAS these municipalities wish to participate in this co-operative approach to meeting GIS/GPS needs of their respective organizations; AND WHEREAS the Council of the Corporation of the Municipality of Bayham deems it necessary and expedient to execute an agreement with the Township and Malahide and the Town of Aylmer for the provision of GIS/GPS services. NOW THEREFORE THE CORPORATION OF THE MUNICIPALITY OF BAYHAM HEREBY ENACTS AS FOLLOV/S: 1. THAT the Mayor and Clerk be and are hereby authorized to execute the Agreement attached hereto as Schedule "A)' and forming part of this by-law between The Corporation of the Township of Malahide, The Corporation of the Ùlunicipality of Bayham and The Corporation of the Town of Aylmer, for the provision of GIS/GPS Sevices. 2. AND THAT this by-law shall come into full force and effect upon final passing. READ A FIRST, SEcoND AND THIRD TIME AND F.INALLY PASSED THIS sTH DAY OF NOVEMBER 2009. MAYOR CLERK Staff Report F2009-43 regarding GIS/GPS Services 2009/2010. ... Page 246 of 405 THIS AGREEMENT made as of the day of ,200 BETWEEN: The Gorporation of the Township of Malahide ("Malahide") -and- The Corporation of the Town of Aylmer ("Aylmer") -and- The Corporation of the Municipality of Bayham ("Bayham") (the parties being collectively referred to as the "Municipalities" and each individually referred to as set forth above). WHEREAS the Municipalities have agreed to enter into this Agreementforthe sole purpose of establíshing the framework for the acquisition, ownership and operation ôt i¡e hardware, software and license(s) necessary to create a computer-aided mapping system that shall hereinafter be referred to as the "GIS/GPS System"; AND WHEREAS the Municipalities have agreed that Malahide shall be the owner of the GIS/GPS System, and, as such, will be responsible for the day-to-day operation and maintenancê of the GIS/GPS system, including the employment of any staff necessary to operate the said system; AND WHEREAS the Municipalities have further agreed that the Municipalities shall, as amongst themselves, have equal rights and access to the use of the GIS/GPS system, Staff Report F2009-43 regarding GIS/GPS Services 2009/2010. ... Page 247 of 405 subject to the fact that requests for use shall be processed by Malahide in the order in which they are submitted; lN CONSIDERATION of the premises and the mutual covenants contained in this agreement, and other good and valuable consideration (the receipt 1nd sufficiency of wn¡ch is acknowledged by each of the parties), the parties agree as follows: 1. Definitions (1) "Additional Hours" means any hours of Services as set forth in a Work Order and as iequired by a party to this agreement over and above those hours allocated to a party pursuant to their Proportionate Share as hereinafter defined. (Z¡ "Confidential lnfoimation" means any and all technical and non-technical infoimation identified as confidential, whether in oral, written, graphic or electronic form, and provided to the other pafty hereto, including, but not limited to, ideas, samples, media, techniques, sketches, drawings, works of authorship, models, know-how, processes, algorithms, software source documents, and formulae related to the current, iuture, and ploposed products and services of such party, information concerning research, experimental work, development, design details and specifications, engineering, îinancial information, procurement requirements, pricing, employees, coñtractuaf relationships, information the disclosing party provides regarding third parties and any third party proprietary information rightfully held and disclosed by the disclosing party. Confidential lnformation does not include information:- (a) already in the possession of the receiving party without an obligation of confidentialitY;(b) hereafter rightfully furnished to the receiving party by a third party without a breach of any legal or contractual obligation; (c) that is or becomes publicly available without breach of this Agreement; (d) furnished by the disclosing party to a third party without restriction on subsequent disclosure; or(e) independently developed by the receiving party without reliance on the Confidential I nformation. (3) "Documentation" means the Product (as hereinafter defined), system outputs, user manuals and operator instructions furnished by Malahide. (4) "Effective Date" shall mean the date first specified above. 1S) 'OISICPS System means all hardware and software required to deliver the agreed upon service as identified in this agreement.- (6) "Major Decision" means a decision to be made by the parties to this Agreement witlr respeót to tne acquisition of replacement hardware and/or software, the addition of any new partners, upgrades to the hardware and/or software, licensing costs over and above those known as of the Effective Date of this Agreement. (7) "Price List" means Malahide's standard fee schedule that is in effect at the time the Services (as hereinafter defined) are ordered by the parties, and includes the rates for expense items such as mileage.. Staff Report F2009-43 regarding GIS/GPS Services 2009/2010. ... Page 248 of 405 (8) "Product" or "Products" shall mean all equipment and technologies associated with the GIS/GPS System that integrates, collects, stores, edits, analyses, shares and displays geographic information and as set forth in Schedule "8"''(gi "Þrofortionate Share" means, with respect to each party to this Agreement, its- righìs'to usé and access the GIS/GPS System, expressed in terms of the number of hours of allocated System time as set forth in Schedule "4" hereto. (10) "Service" oi "services" means those services listed in Schedule "C" hereto. The'partíes acknowledge and agree that they may, from time to time, require the completion of GIS/GPS related éervices that are not set forth in Schedule "C" and that the GIS/GPS staff employed by the Owner shall be available to complete those non- enumerated tasks during the hours allocated to the requesting party so long as the tasks are clearly GIS/GPS related. The Owner shall have the sole discretion to determine a dispute as to whether a requested task is or is not GIS/GPS related. (11) "Work Order" shall mean the standard form for ordering Services, the form of which is attached hereto as Schedule "D", 2. Schedules The following are the schedules attached to and incorporated in this Agreement by reference: Schedule "4" - Proportionate Share Time Allocation Schedule "8" - Products Schedule "C" - Services Schedule "D" - Work Order Form 3. Term and Renewal (1) Subject to the provisions contained in this agreement, the Agreement shall commence ás of the Effective Date and shall continue for a term ending on the earlier of: (a) three years from the date of this agreement or the expiry of any renewal of the original three year term; or (b) the date on which the Agreement is voluntarily terminated by written agreement of the parties pursuant to paragraph 10 of this agreement. (2) Upon the expiry of the initial three year term, the parties hereby agree thal, unless othenrvise terminated pursuant to the provisions set forth herein, the term of this Agreement shall automatically renew for an untimited number of further consecutive one (1) year terms. 4. Gapital Gontribution and Proportionate Share The parties hereby agree to contribute an equal one-third (1/3) share of the total initial capital cost of acquiiing the hardware, software and license(s) necessary to Staff Report F2009-43 regarding GIS/GPS Services 2009/2010. ... Page 249 of 405 establish the GIS/GPS System, with such contribution to be in the sum of $15,557'05 plus all applicable taxes payable be each of the three parties on or before November 30, 2009. Malahide agrees to be responsible for the physical acquisition of the hardware, software and license(s). Following payment of the first installment set forth above and for so long thereafter as thLy rémain in compliance with the terms hereof and for so long as t¡9 Term or any renewal thereof, each party will be entitled to the use of the GIS/GPS System in accordance with their Proportionate Share as defined herein. Should either of Aylmer or Bayham not use all of the hours allocated to them as part of their Proportionate Shãre, the unused hours shall automatically revert to and become the sole property of Malahide, with such hours to be used by Malahide, in its sole discretion, as it sees fit. The parties acknowledge and agree that the per hour costs of the Services used by them, whether paid for using the hours allocated to them pursuant to their Proportionate Shares or paid for, in cash, as with Additional Hours, do not include any applicable provincial or federal government taxes or expenses incurred by the GIS/GPS System staff in connection with the provision of the Services. The parties fuúher aóknowledge and agree that they will pay, to Malahide, as the provider of the Services and the owner of thê GIS/GPS System, any such applicable taxes and will reimburse Malahide for any such expenses, with payment of those amounts to be made within thirty (30) days of the party receiving an invoice for same from Malahide. 5. Additional Hours Should any party require Additional Hours in any year during the Term of this Agreement or any'extênsion thereof, the party requiring the Additional Hours shall póvide written notice of the said requirement to the other parties. Within thirty (30) àays of the date of any such written notice, the parties shall meet and determine, by way of consensus: (i) if Additional Hours are available for purchase/acquisition by the requesting party; and (ii) the source of those Additional Hours, i.e.: Malahide's Proportionate Share. ln the event that the parties determine that Additional Hours are to be made available to the requesting party, the requesting party shall pay Malahide for those Additional Hours in accordance with ihe Price List in effect at the time the Additional Hours are acquired' 6. Add¡t¡onal Capital Gontributions lf at any time, and from time to time during the Term or any renewal thereof, further capi[al is required to ensure the continued operation of future expansion of the GIS/fPS System, the parties shall meet to review and agree upon the further Staff Report F2009-43 regarding GIS/GPS Services 2009/2010. ... Page 250 of 405 acquisition(s) and, following an agreement being reached as to the said further acquisition(s), the parties shall advance any additional required capital in proportion of each party's Proportionate Share. Malahide will then use any such additional capital contributions to acquire the agreed upon hardware, software, license(s) and incorporate same into the existing GIS/GPS System. 7. Selling, Borrowing or Encumbrance of lnterest Subject to Malahide's rights as set forth in paragraph t hereof, no party shall sell, transfer, assign, pledge, hypothecate, mortgage, or in any other manner dispose of or encumber its-rights as set forth in this Agreement without the prior written consent of both of the othei parties. Further, no party shall sell any Products or Seruices except for copies of the parties' maps as the rates set forth in the Price List. 8. Ownership of the GIS/GPS System Notwithstanding the fact that the parties will be contributing equal sums towards the purchase of the hardware, software, license(s) that will be used to establish the GIS/GPS System, the parties hereby agree and acknowledge that Malahide will be the registered and beneficial owner of the said hardware, software and license(s) and of the ClSlCpS System. Further, the parties acknowledge and agree that all monies paid by them in connection with and in furtherance of this Agreement are non-refundable and shall remain the property of the Owner regardless of the manner in which the Agreement or the party's participation in this Agreement are terminated. 9. Day-to-Day Management and Operation (1) As the Owner of the GIS/GPS System, Malahide shall and is authorized to manage the day-to-day operation of the GIS/GPS System, with such management to includé the provision, for a fee, of certain GIS/GPS System services to person(s) other than the parties to this Agreement. Malahide hereby agrees that all user fees collected in relation to the provision of such seruices will incorporate an amount designated for capital replacement costs of the GIS/GPS System. Malahide agrees that the provision of Services to persons other than the parties to this agreement will be subject to the prior rights of Malahide, Aylmer and Bayham to have their requests for use processed in preference to those of any non-party user. The parties hereby agree that, as between ihem, their requests for use shall be processed by Malahide in the order in which they are submitted on the Work Order Forms attached hereto. (2) The partíes agree that they will submit all requests for use of the GIS/GPS System on the Work Order Forms attached hereto and Malahide agrees to process those requests within a reasonable period of time and as provided for in this agreement. Staff Report F2009-43 regarding GIS/GPS Services 2009/2010. ... Page 251 of 405 (3) Malahide agrees to hire an employee or employees, as required, to administer and 'operate the said GIS/GPS System and Malahide shall be responsible for compensating the said employee(s). (4) The parties agree that Malahide shall not be liable for any delay in the processing of Work Orders when the processing of the said Work Order is delayed and/or precluded by reason of illness, act of God, fire, threat, natural disaster, labour stríkes, supplier issues or any other like event beyond Malahide's control. 10. Termination and Renewal This Agreement shall only be terminated prior to the expiry of the Term or any renewal thereof if all the parties agree, in writing, to the said termination. The parties may also terminate the Agreement, by written agreement, at the expiry of the Term of any renewalthereof. Notwithstanding the foregoing, the Owner, at it sole option, may terminate this Agreement at the expiry of the Term of any renewal thereof, which date shall be no less than three years from the date of execution hereof, by providing written notice of the said termination to the parties. A party's participation in this Agreement may be terminated upon an event of default as hereinafter defined. Upon termination of this Agreement for any reason, the parties agree that the GIS/GPS system shall remain the property of Malahide. I 1. Default lf a party fails to advance moneys as required by this agreement, the same shall constitute default. The parties not in default shall, by written notice delivered personally to the defaulting party, specify details of default and require that it shall be cured within thirty (30) calendar days of the said notice. ln the event the default is not cured within the period specified herein, the defaulting party's participation in this Agreement shall be terminated and the said defaulting party shall forfeit any further rights pursuant to this Agreement. 12. Amendment of Agreement lf at any time during the continuation of this agreement the parties shall deem it necessary or expedient to make any alteration to any clause contained in this agreemeñt, they may do so by a writing signed by them and endorsed on these articles, and all of these alterations shall be adhered to and have the same effect as if they had been originally embodied in and formed part of this agreement. Staff Report F2009-43 regarding GIS/GPS Services 2009/2010. ... Page 252 of 405 13. Notice (1) All notices under this agreement shall be in writing, duly signed by the party giving such notice, and effectively given if delivered personally, sent by prepaid courier éervice, or by facsimile or other telecommunication to the application address set out below: To: The Corporation of the Township of Malahide 87 John Street South Aylmer, ON N5H 2C3 Facsimile: 519-77 3-5334 Attention: To: The Corporation of the Town of Aylmer 46 Talbot Street West Aylmer, ON N5H 1J7 Facsimile: 519-765-1 446 Attention: To: The Corporation of the Municipality of Bayham 9344 Plank Road, Box 160 Straffordville ON NOJ 1Y0 Facsimile: 51 9-866-3884 Attention: (2) Any such communication shall be conclusively deemed to have been given and received, if delivered or sent by courier service, on the day of delivery, and if sent by facsimile or other telecommunication, on the day of faxing or dispatch, provided that in any event, such day is a business day and the communication is delivered, faxed, dispatched or sent prior to 4:30 p.m. IESTI on such day, and otherwise such communication shall be deemed to have been given and received on the next business day. Any such communication given in any other manner shall be deemed to have been given and received only upon actual receipt. Any party may change its address for ieceipt of communications hereunder by giving notice to the other parties hereto in the manner set out above. 14. Governing Law This agreement and the application or interpretation of it shall be governed exclusively by the terms and by the laws of the Province of Ontario and each partner irrevocably attorns to the jurisdiction of the courts of Ontario. Staff Report F2009-43 regarding GIS/GPS Services 2009/2010. ... Page 253 of 405 15. Time Time shall be of the essence of this agreement. 16. Headings The headings appearing throughout this agreement shall not form part of this agreement. The parties desire that this agreement be given a broad and liberal interpretation. 17. Severability Each provision of this agreement shall be severable. lf any provision of it is illegal or invalid, the illegality or invalidity shall not affect the validity of the remainder of this agreement. 18. Number and Gender This agreement is to be read with all changes in gender or number as required by the context. 19. Further Acts The parties hereto agree to execute and deliver such further and other documents and perform and cause to be performed such further and other act- and things as may be necessary or desirable in order to give full effect to this agreement and every part thereof. 20. lnterpretation It is the desire of the parties hereto that this agreement be accorded a liberal interpretation consistent with its declared intent and purpose. 21. Waivers No amendment, waiver or termination of this agreement will be binding unless executed in writing by the parties to be bound thereby. No waiver of any provision of this agreement will be deemed or will constitute a waiver or any provision, nor will any such waiver constitute a continuing waiver unless expressly provided for in this agreement. Staff Report F2009-43 regarding GIS/GPS Services 2009/2010. ... Page 254 of 405 22. Enli¡e Agreement This agreement constitutes the entire agreement between the parties and supersedes all prior and contemporaneous agreements, understandings and discussions, whether oral or written, and there are no warranties or representations between the parties except as expressly provided in this agreement. 23. Agreement Binding This agreement shall enure to the benefit of and be bindíng on the respective successors and assigns of each of the parties to it. 24. Gounterparts This Agreement may be executed in any number of counterparts, each of which when so executed shall be deemed to be an original, and such counterparts together shall constitute one and the same instrument. 25. No Partnership No partnership is created by this agreement. Nothing contained in this agreement shall or shall be deemed to constitute the parties as partners nor as agent of the other nor any other relationship whereby either could be held liable for any act or omission of the other. Staff Report F2009-43 regarding GIS/GPS Services 2009/2010. ... Page 255 of 405 IN WITNESS WHEREOF this agreement has been executed by the parties as of the date first set forth above. The Corporation of the Township of Malahide Per: , Mayor Per: , CAO/Clerk We have authority to bind the Township. The Corporation of the Town of Aylmer Per: , Mayor Per: , Administrator We have authority to bínd the Town. The Corporation of the Municipality of Bayham Per: , Mayor , Administrator We have authority to bind the Municipality. Staff Report F2009-43 regarding GIS/GPS Services 2009/2010. ... Page 256 of 405 Schedule "A" - Proportionate Share Time Allocation EAST ELGIN MAPPING PARTNERSHIP Novemb er 6) 2009 (l) Initial Capital Contribution costs : ' Server -56,671.16. Software licence for server, desktop and GeoCortex - $39,000.00 ' 8 hours ofconfiguration support - $1,000.00 The total Capital Contribution Cost is $46,671.16 or $15,557.05 for each partner, (2) Equipment Replacement Reserve - Starting in 2010 each partner will annually pay $400'00 as a flat rate fee *ii"ftïiff be placed into an equipment reserve fund, so that in 5 years there will be $6,000'00 to purchase a new server. (3) Hourly Rate for Service to recover Technician wages & benefits, training costs, annual maintenance fee on ,"*.r, aeinop and GeoCortex and internet access fee. The maintenance fees for the server, desktop and GeoCortex are effective January 1,2010. The fees are as follows: . 2009 - $40.87lhour. 2009 - overtime rate $55.O0/hour. 2010 - $48.48/hour. 2010 - overtime rate $62.30/hour (a) The partners are responsible for purchasing the minimum following hours: ' Bayham - I day or 7 hours a week ' Aylmer - I day or 7 hours a week start November 6,2009 - in 2009 will bill each for 8 weeks x 7 hours: 56 hours In 2010 Bayham and Aylmer will each be billed for 49 weeks x 7 hours : 343 hours (5) Any mileage would be extra, with the 2009 rate being 5Ocents/km, rate may be adjusted annually. (6) When required to perform tasks where the use of the handheld Tremble GPS by the Technician for data collection pu.pos"i, a $10.00/day equipment replacement fee will be charged in addition to all other fees. Staff Report F2009-43 regarding GIS/GPS Services 2009/2010. ... Page 257 of 405 Schedule '¡8" - Products The following ESRI products are the core software solutions for the shared GIS service. 1 - ArcEditor Concurrent Use License 1 - ArcGlS Server Standard Workgroup Up to Two Cores License 1 - ArcGlS Server Standard Workgroup One Core Additional License 1 - Geocortex Essentials - Standard Edition Up to Four Cores Staff Report F2009-43 regarding GIS/GPS Services 2009/2010. ... Page 258 of 405 Schedule "C" - Services The following is a listing of the Services that the parties anticipate will be provided and utilized by thêm in connection with their participation in this Agreement. The list is not comprehensive and the parties acknowledge and agree that the Services will likely change in both form and substance as the GIS/GPS System comes on-line and as the partíes evaluate and assess their individual needs vis a vis same. GIS Services l) On-going maintenance of GIS datasets such as addresses, roads and property information. 2) GIS data creation, maintenance, updating and qualþ control/qualþ assurance; 3) GIS data entry, attributing, and metadata creation; 4) Reading and interpretation of maps, blueprints, survey documents and sketches; 5) Global positioning system (GPS) data collection and coordination; 6) Providing technical support and expertise to internal staff and the general public regarding day to day requests for GIS information and analysis. Staff Report F2009-43 regarding GIS/GPS Services 2009/2010. ... Page 259 of 405 Schedule r'D" - Work Order Form *Ë*6 Township of Malahide GIS Work Order Form Btrt Cortt Staff Report F2009-43 regarding GIS/GPS Services 2009/2010. ... Page 260 of 405 Staff Report F2009-44 regarding Playground Equipment. File:... Page 261 of 405 Staff Report F2009-44 regarding Playground Equipment. File:... Page 262 of 405 Staff Report F2009-44 regarding Playground Equipment. File:... Page 263 of 405 Staff Report F2009-44 regarding Playground Equipment. File:... Page 264 of 405 Staff Report F2009-44 regarding Playground Equipment. File:... Page 265 of 405 Staff Report F2009-44 regarding Playground Equipment. File:... Page 266 of 405 Staff Report F2009-44 regarding Playground Equipment. File:... Page 267 of 405 Staff Report F2009-44 regarding Playground Equipment. File:... Page 268 of 405 Staff Report F2009-44 regarding Playground Equipment. File:... Page 269 of 405 Staff Report F2009-44 regarding Playground Equipment. File:... Page 270 of 405 Staff Report F2009-44 regarding Playground Equipment. File:... Page 271 of 405 Staff Report F2009-44 regarding Playground Equipment. File:... Page 272 of 405 Staff Report F2009-44 regarding Playground Equipment. File:... Page 273 of 405 Staff Report F2009-44 regarding Playground Equipment. File:... Page 274 of 405 Staff Report F2009-44 regarding Playground Equipment. File:... Page 275 of 405 Staff Report F2009-44 regarding Playground Equipment. File:... Page 276 of 405 Staff Report F2009-44 regarding Playground Equipment. File:... Page 277 of 405 Staff Report F2009-44 regarding Playground Equipment. File:... Page 278 of 405 Staff Report F2009-44 regarding Playground Equipment. File:... Page 279 of 405 Staff Report F2009-44 regarding Playground Equipment. File:... Page 280 of 405 Staff Report F2009-44 regarding Playground Equipment. File:... Page 281 of 405 Staff Report F2009-44 regarding Playground Equipment. File:... Page 282 of 405 CORPORATION OF THE MUNICIPALITY OF BAYHAM STAFF REPORT TO: Mayor & Members of Council DATE: October 30,2009 FROM: Suzanna Dieleman Mantel, Treasurer FILE: F 03 SUBJECT: Financial Report NUMBERzF2009-45 Background Comments Please find attached the detailed financial report to October 30, 2009 for council's information. The detailed capital report has been updated for your information. Strateeic Goal(sl Goal #1 - Practice responsible financial management. Recommendation Thøt Staff Report F2009-45 regørdíngJinøncial reporting be received. Respectfully submitted, Treasurer Encl. Reviewed by, Suzanna Dieleman Mantel, CGA Staff Report F2009-45 regarding Financial Report. File: F0... Page 283 of 405 2009.07.22 6.3 9050 MUNICIPALITY OF BAYHAM General Ledger Annual Department Budget vs. Actual Comparison Report Fiscal Year 2009 - From Period 1 To Period 10 Ending OCT 31,2009 30/10/2009 9:474M Account Description 2008 YearTotal 2009 YearTo Date Ac{ual Budget Pct Used Total Budget REPORT SUMMARY O1-0510 GENERAL TAXATION 01-0520 OTHER REVENUES 01-0530 COUNTYTAXATION O1-0540 PUBLIC SCHOOL TAXATION O1-0550 SEPARATE SCHOOLTAXATION O1-1010 GENERAL GOVERNMENT 0t-1020 couNctL 01-2010 FIRE DEPARTMENT 01-2020 POLTCE SERVTCES 01-2040 PROTECTIVE INSPECTION & CONTRO O1-2050 BY-I-AW ENFORCEMENT 01-2510 ROADS 01.2520 ROADS - WINTER CONTROL O1-3010 WATER SYSTEM O1.3O2O SEWAGE SYSTEM O1-3030 WASTE DISPOSAL O.I-35,10 HEALTH SERVICES 01-4510 PARKS & RECREATION 014520 COMMUNITY CENTRE-STRAFF O1-4530 COMMUNITY CENTRE-VIENNA O1-4535 EDEN COMMUNITY CENTRE 01-4540 LtBRAR|ES 01-4550 MUSEUMS BAYHAM O1-5010 PLANNING & DEVELOPMENT 01-5012 BUSTNESS & COMMERCE O.I-5015 TOURISM & MARKETING O1-5020 ENVIRONMENTAL SERVICES 01-5510 CAPTTAL O1-5520 CASH REQUIREMENTS Fund 0l Total Revenue O1-0510 GENERAL TAXATION O1-0530 COUNTYTAXATION O1-0540 PUBLIC SCHOOL TAXATION 01-0550 SEPARATE SCHOOL TAXATION O.I-1010 GENERALGOVERNMENT 01-1020 couNctL 01-2010 FIRE DEPARTMENT 01-2020 POLTCE SERVTCES 2,710,923.53 1,297,037.91 2,435,641.92 1j90,407.14 170,263.96 47,615.87 206.62 4,931.87 89,662.02 65,761.00 't9,150.50 298,791.85 9,917.73 347,025.07 354,603.67 44,140.66 94,373.50 1 ,1 50.00 11,368.58 7,065.00 3,873.63 47,963.64 29,983.71 19,664 94 1,200.00 5,975.00 16,551.19 847,370.00 523,578.87 99.51 2,724,256.00 94.67 1,370,001.00 0.00 0.00 0.00 0.00 0 00 0.00 127.54 37,333.00 0.00 0.00 46.97 10,500.00 112.08 80,000.00 97.71 67,300.00 71.59 26,750 00 81.04 368,696.00 100.18 9,900 00 68.69 505,'t84.00 64 48 549,944.00 152.21 29,000.00 0.00 0.00 44.23 2,600.00 66.87 17,000.00 67 .29 10,500.00 50.34 7,695 00 7516 63,816.00 I't5.28 26,010.00 77.12 25,500.00 1 16.50 1 ,030.00 91.92 6,500.00 156.08 10,604.00 19.95 4,247,188 00 12't.51 430,900.00 10,696,199.38 5,768.89 1 ,816,893.00 1,190,350.00 170,254.00 456,192.47 56,624.94 240,269.84 521,091.32 100.64 10,628,207.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 84.40 540,501.00 77.66 72,915.00 72.66 330,662.00 74.0',t 704,047.00 37Page Staff Report F2009-45 regarding Financial Report. File: F0... Page 284 of 405 2009 07.22 6.3 9050 MUNICIPALITY OF BAYHAM General Ledger Annual Department Budget vs. Actual Comparison Report Fiscal Year 2009 - From Period 1 To Period 10 Ending OCT 31 ,2009 30/10/2009 9:474M Account Description 2008 Year Total 2009 Year To Date Actual Budget Pct Used Total ,ro;;l O1-2030 CONSERVATION AUTHORITY 01-2040 PROTECTIVE INSPECTION & CONTRO O1-2050 BY-LAWENFORCEMENT 01-2510 ROADS 01-2520 ROADS - WINTER CONTROL 01-2540 STREET LIGHTS 01-3010 WATER SYSTEM 01-3020 SEWAGE SYSTEM O1-3030 WASTE DISPOSAL 01.3510 HEALTH SERVICES O1-3520 CEMETERIES O1-4010 GENERALASSISTANCE OI-4510 PARKS & RECREATION 01.4520 COMMUNITY CENTRE.STRAFF 014530 COMMUNITYCENTRE.VIENNA 01.4535 EDEN COMMUNITY CENTRE O1-4540 LIBRARIES O1-4550 MUSEUMS BAYHAM O1.5OIO PLANNING & DEVELOPMENT 01-5012 BUSINESS & COMMERCE 01-5015 TOURISM & MARKETING O1-5020 ENVIRONMENTAL SERVICES 01-5510 CAPITAL O1-5520 CASH REQUIREMENTS Fund 01 Total Expenditure Fund 01 Excess Revenue Over (Under) Expenditures Report Total Revenue Report Total Expenditure Report Excess Revenue Over (Under) Expenditures 36,176.00 65,836 60 52,043.60 1,152,090 92 68,503.16 46,689.73 264,575.88 281,769.89 337,791 .77 102,775.05 9,747 89 6,256.00 42,950 35 47,217.15 33,340 95 10,897.60 20,099.66 7't,671.37 84,898.28 2,182.83 34,237.67 27,421.05 1,962,190 73 10,626.00 100.00 36,176.00 71.34 92,284.00 74.46 69,897 00 97.35 1 ,1 83,438.00 58.37 1 17,355 00 96 31 48,480.00 52.37 505,183.00 51 24 549,945.00 77 35 436,732.00 1,076.63 9,546.00 59 08 16,500.00 80 21 7,800.00 76.80 55,922.00 67.83 69,616 00 64.40 51,774.00 67.17 16,225.00 84 69 23,734.00 76.95 93,144 00 85 41 99,406.00 68.21 3,200.00 72.76 47,055.00 97 .25 28,196.00 45 47 4,314,974.00 0.96 1 ,103,500.00 9,229,434.59 86.84 10,628,207.00 1.466,764.79 0.00 0.00 10,696,1 99.38 9,229,434 59 100.64 10,628,207.00 86.84 10,628,207.00 1,466,764.79 0.00 000 Page 38 Staff Report F2009-45 regarding Financial Report. File: F0... Page 285 of 405 2009.07.22 6.3 9050 MUNICIPALITY OF BAYHAM General Ledger Annual Department Budget vs. Actual Comparison Report Fiscal Year 2009 - From Period 1 To Period 10 Ending OCT 31 ,2009 30/10/2009 9:474M 2008 Year Total 2009 Year To Date ActualAccount Description Budget Pct Used Total Budget Fund: 01 General Category; 0??? O51O GENERAL TAXATION Revenue 01-0510-4010 Residential & Farm 01 -05 1 0-4020 Multi-Residential 01 -051 0-4030 Commercial Unoccupied 01-0510-4040 Commercial Occupied 01-0510-4050 lndustrial Unoccupied 01-0510-4060 lndustrial Occupied 0'1-0510-4070 Pipelines 01-0510-4080 Farmlands 0l-0510-4090 Managed Forests Total Revenue Expense 01 -0510-5620 Tax Adjustments 01 -051 0-5630 Assessment Cherges Total Expense Dept Excess Revenue Over (Under) Expenditures 2,098,888.47 44,892.73 8,597.01 198,032.59 '1,961.41 97,689.27 49,064.93 211,043.',13 753.99 77.04 2,724256.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0 00 0.00 0.00 0.00 0.00 0.00 0-00 0.00 2,710,923 53 99.51 2,724,256 00 5,693.89 75.00 0.00 0.00 0.00 0.00 5,768.89 000000 2,705,'.!54.64 99.30 2,724,256.00 Page Staff Report F2009-45 regarding Financial Report. File: F0... Page 286 of 405 2009.07.22 6.3 9050 MUNICIPALITY OF BAYHAM General Ledger Annual Department Budget vs. Actual Comparison Report Fiscal Year 2009 - From Period 'l To Period 10 Ending OCT 31 ,2009 30/10/2009 9:474M Account Description 2008 YearTotal 2009 YearTo Date Ac'tual Budget Pct Used Total Budget O52O OTHER REVENUES Revenue 01-0520-4'l 10 Grants & Subsidies 01 -05204120 Sundry Revenue 01-0520-4'130 lnterest on Taxes - Current 0'l-0520-4140 lnterest on Taxes - Prior 0 1-0520-4150 lnvestment income 01-0520-41 80 Prior Year Surplus(Deficit) Total Revenue Dept Excess Revenue Over (Under) Expenditures 1,297,037.91 94.67 1,370,001.00 1,297,037.9'l 94.67 1,370,001.00 1 ,194,000.00 2,793.79 24,804.31 4',1,345.62 4,094.19 30,000.00 1 00.00 1 ,1 94,001 .00 139.69 2,000.00 77.51 32,000.00 98.44 42,000.00 5.85 70,000.00 100.00 30,000.00 Page Staff Report F2009-45 regarding Financial Report. File: F0... Page 287 of 405 2009.07.22 6.3 9050 MUNICIPALITY OF BAYHAM General Ledger Annual Department Budget vs. Actual Comparison Report Fiscal Year 2009 - From Period 1 To Period 10 Ending OCT 31 ,2009 30/10/2009 9:474M Account Description 2008 Year Total 2009 Year To Date Actual Budget Pct Used Total Budget O53() COUNTY TAXATION Revenue 01-0530-40'10 County - Residential 0l-0530-4020 County - Multi-Residential 01-0530-4030 County - Commercial Unoccupied 01-0530-4040 County - Commercial Occupied 01-05304050 County - lndustrial Unoccupied 01-0530-4060 County - lndustrial Occupied 01-05304070 County - Pipelines 01-05304080 County - Farmlands 01-05304090 County - Managed Forests Total Revenue Expense 01-0530-5100 County Tax Requisitions Total Expense Dept Excess Revenue Over (Under) Expenditures 2,435,641.92 1 ,816,893.00 1,816,893.00 618,748.92 1 ,909,316.43 40,837.53 7,695.89 149,582.95 1,742.63 89,'172.79 44,632.89 '191,974.93 685.88 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 000 0.00 0.00 000 000 Page Staff Report F2009-45 regarding Financial Report. File: F0... Page 288 of 405 2009.07.22 6.3 9050 MUNICIPALITY OF BAYHAM General Ledger Annual Department Budget vs. Actual Comparison Report Fiscal Year 2009 - From Period '1 To Period 10 Ending OCT 31 ,2009 30/10/2009 9:474M 2008 Year Total 2009YearTo Date ActualAccount Description Budget Pc't Used Total Budget O54O PUBLIC SCHOOL TAXATION Revenue 01-0540-4010 Pub Sch - Residential 01-0540-4020 Pub Sch - Multi-Residential 01-0540-4030 Pub Sch - Commercial Unoccup 01-0540-4040 Pub Sch - Commercial Occup 01-0540-4050 Pub Sch - lndustrial Unoccup 01-0540-4060 Pub Sch - lndustrial Occup 01-0540.4070 Pub Sch - Pipelines 0'l-0540-4080 Pub Sch - Farmlands 01-0540'4090 Pub Sch - Managed Forests Total Revenue Expense 01-0540-5100 Pub Sch Tax Requisitions Total Expense Dept Excess Revenue Over (Under) Expenditures 1,'190,407.'t4 1,190,350.00 0.00 0.00 1 ,1 90,350.00 57.14 0.00 764,034.98 7,296.07 8,466.43 't42,794.50 2,811.22 128,995.10 60,711.67 75,047.53 249.64 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 000 0.00 Page Staff Report F2009-45 regarding Financial Report. File: F0... Page 289 of 405 2009.07.22 6.3 9050 MUNICIPALITY OF BAYHAM General Ledger Annual Department Budget vs. Actual Comparison Report Fiscal Year 2009 - From Period 1 To Period 10 Ending OCT 31,2009 30/10/2009 9:474M 2008 Year Total 2009 Year To Date AciualAccount Description Budget Pct Used Total Budget O55O SEPARATE SCHOOL TAXATION Revenue 01-0550-4010 Sep Sch - Residential 01-05504020 Sep Sch - Multi-Residential 01-0550-4030 Sep Sch - Commercial Unoccup 01-0550-4040 Sep Sch - Commercial Occup 01-0550'4050 Sep Sch - lndustrial Unoccup 01-0550-4060 Sep Sch - lndustrial Occup 01-0550-4070 Sep Sch - Pipelines 01-0550-4080 Sep Sch - Farmlands 01-0550-4090 Sep Sch - Managed Forests Total Revenue Expense 01-0550-5100 Sep Sch Tax Requisitions Total Expense Dept Excess Revenue Over (Under) Expenditures Category Excess Revenue Over (Under) Expenditures 60,I 81 .85 219.20 2,471.55 42,359.77 819.35 38,340.10 17,995.64 7,830.05 46.45 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 't70,263.96 0.00 0.00 170,254.00 0.00 0.00 170,254.00 0.00 0.00 9.96 0.00 000 4,621.008.57 112.87 4,094,257.00 Page Staff Report F2009-45 regarding Financial Report. File: F0... Page 290 of 405 2009.07.22 6.3 9050 MUNICIPALITY OF BAYHAM General Ledger Annual Department Budget vs. Actual Comparison Report Fiscal Year 2009 - From Period 1 To Period 10 Ending OCT 31,2009 30/10/2009 9:474M Account Description 2008 Year Total 2009 Year To Date Actual Budget Pct Used Total Budget Category: 1??? 101O GENERAL GOVERNMENT Revenue 01-1010-41 10 Grants & Subsidies 01 -10'10-4120 Tax Gertificates 01-10104130 Fees & Service Charges 01-10'104140 Lottery Licences 01-1010-4'190 Contributions from Reserves Total Revenue Expense 01-1010-5100 Salaries & Wages 01-1010-51 10 Statutory Benefits 01-1010-5120 Non-Statutory Benef¡ts 01-1010-5140 Payroll Service Charge 01-1010-5145 Bank Service Charges 01-101 0-5160 lnternet Charges 01-1010-5170 Supplies 01-1010-51 80 Computer Support 01-1010-5185 lT & GIS Support 01-1010-5210 Utilities 01 -1010-5220 Subscriptions & Publications 01 -1 01 0-5240 Advertising 01-1010-5250 Association & Membership Fees 01-1010-5260 Auditing Fees 01-1010-5270 Building Maintenance 01-1010-5280 Equipment Maintenance 01-1010-5290 Grounds Maintenance 01-1010-5300 lnsurance 01-'1010-5305 lnsurance Deductibles 01-1010-5310 Legal Fees 01-1010-5320 Postage & Courier 01-1010-5330 Training & Education 01-1010-5340 Gonferences & Seminars 01-1010-5350 Travel 01-1010-5360 Telephone 0l-1010-5370 Sundry Total Expense Dept Excess Revenue Over (Under) Expenditures 15.00 6,29',t.70 28,784.50 4,441.67 8,083.00 0.00 89.88 137.07 63.45 346.46 0.00 7,000.00 21,000.00 7,000.00 2,333.00 47,615,87 127.54 37,333.00 257,959.17 23J28.90 39,862.01 3,007.94 't,'t90.52 791.50 7,768.06 21,086.11 0.00 6,208.19 651.08 570.87 2,042.70 7,983 00 11,750.77 12,873.79 1,424.04 't7,377.13 1,470.',10 3,225.60 9,371.'15 2,411.16 488.31 3,822.08 6,993.87 12,734.42 85.96 300,083.00 70.07 33,009.00 88 56 45,012.00 85.94 3,500.00 91.58 1,300.00 86.22 918.00 84.44 9,200.00 94.13 22,400.00 0.00 13,200.00 66.97 9,270.00 91 .70 710.00 57.09 't,000.00 90.79 2,250.00 98.56 8,100 00 97 .92 12,000.00 96.80 13,300.00 113.92 1,250.00 99.30 17,500.00 14.70 10,000.00 129.02 2,500.00 82.71 11,330.00 80.37 3,000.00 12.21 4,000.00 74.22 5,150.00 93.02 7,519.00 424.48 3,000.00 456J92.47 84.40 540,501.00 (408,576.60)81 .20 (503,168.00) Page Staff Report F2009-45 regarding Financial Report. File: F0... Page 291 of 405 2009.07.22 6.3 9050 MUNICIPALITY OF BAYHAM General Ledger Annual Department Budget vs. Actual Comparison Report Fiscal Year 2009 - From Period 1 To Period '10 Ending OCT 31,2009 30/'10/2009 9:474M 2008 YearTotal 2009 YearTo Date Actual Budget Pct Used Total Budget 1020 couNctL Revenue 01-1020'4130 Sundry Revenue Total Revenue Expense 0l-1020-5100 Salaries & Wages 01-1020-51 10 Statutory Benefits 01-'1020-5250 Association & Membership Fees 01-1020-5260 Profl Serv/Council Directed 01-1020-5340 Conferences & Seminars 01-1020-5350 Travel 0l-1020-5370 Sundry 01-1020-5410 Election Expense Total Expense Dept Excess Revenue Over (Under) Expenditures Category Excess Revenue Over (Under) Expenditures 206.62 0.00 000 206.62 000000 44,385.18 2,318.'12 0.00 2,879.95 5,996.63 391.50 453.56 200.00 80.61 55,061.00 77.27 3,000.00 0.00 1,854 00 0.00 0 00 85.67 7,000.00 19.58 2,000.00 90.71 500.00 5.71 3,500.00 56,624 94 77.66 72,915.00 (56,418.32)77.38 (72,91 5.00) (464,994 92)8072 (576,083.00) Page Staff Report F2009-45 regarding Financial Report. File: F0... Page 292 of 405 2009.07.22 6.3 9050 MUNICIPALITY OF BAYHAM General Ledger Annual Department Budget vs. Actual Comparison Report Fiscal Year 2009 - From Period 1 To Period 10 Ending OCT 31,2009 30/10/2009 9:474M 2008 Year Total 2009YearTo Date ActualAccount Descr¡ption Budget Pct Used Total Budget Category: 2??? 2O1() FIRE DEPARTMENT Revenue 01-2010-4130 Fees & Service Cherges 0'l-2010-4180 Donations 01-2010-4190 Contributions from Reserves Total Revenue Expense Total Expense Dept Excess Revenue Over (Under) Expenditures 3,200.00 1,731.87 0.00 128.00 0.00 0.00 2,500.00 0.00 8,000.00 4,931.87 46 97 10,500.00 0'l-2010-5100 Salaries & Wages 01 -20'10-51 02 FireFighters Remuneration 0l-2010-5105 Emergency Plann¡ng Weges 01-2010-51 10 Statutory Benefits 01 -201 0-51 20 Non-Statutory Benefits 01-2010-5130 Uniforms 01-2010-5150 Supplies - Emergency Op Centre 01 -201 0-5160 Supplies - Medical Response 01 -201 0-5165 Supplies - Municipal Water Consumption 01-2010-5170 Supplies - Office 01-2010-5175 Equipment Purchase - Operating 01-2010-5180 Equipment Purchase - Protective 01-2010-5210 Utilities 01 -201 0-5240 Advertising 01-2010-5250 Association & Membership Fees 01 -2010-527 O Building Maintenance 01 -20'l 0-527 5 Cleaning Supplies 01-2010-5280 Equipment Maintenance 01-2010-5285 Communications Eq Maintenance 01-2010-5290 Grounds Maintenance 01 -201 0-5295 Vehicle Maintenance 01-2010-5300 lnsurance 01-2010-5310 Legal 01-2010-5320 Postege & Courier 01-2010-5330 Training & Education - Fire 01-2010-5335 Training & Education - Emergency Planning 01 -2010-5340 Gonferences & Seminars 01-2010-5350 Travel 01-2010-5360 Telephone - Stations 01-2010-5365 Telephone - Chief 01-2010-5370 Sundry 01 -2010-5420 Fire Prevention Expense 01 -2010-5425 Public Education 01-2010-5430 91 1 Dispatching 01-2010-5440 911 Other 01-2010-5450 Automatic Aid Contract 52,745.34 53,488.41 3,529.00 9,515.60 7,470.01 399.06 0.00 103.62 0.00 1,254.07 2,052.20 8,489.21 12,541.10 0.00 450.00 1,907.35 144.43 2,287.55 3,609 10 2,375.36 4,402.65 20,949.28 0.00 't,07411 21,406.29 44.54 1,169.'16 3,211.62 2,307.63 532.86 460.75 't,945.70 1 ,156.37 15,998.16 3,249.31 0.00 85.14 64 14 41.96 82 82 70.78 53.2',1 0.00 0.00 0.00 125.41 24.14 99.87 69.58 0.00 62.07 31.79 28.89 76.25 72.18 79.18 77.72 100.41 0.00 89.51 99.1 0 2.23 38.97 85.64 76.92 88.81 5.76 86.48 115.64 95.58 81.23 0.00 61,948.00 83,394.00 8,411.00 1't,489.00 10,554.00 750.00 1,000.00 0.00 1,000.00 1,000.00 8,500.00 8,500.00 18,025.00 500.00 725.00 6,000.00 500.00 3,000.00 5,000.00 3,000.00 5,665.00 20,863.00 1,000.00 1,200.00 21,600.00 2,000 00 3,000.00 3,750.00 3,000.00 600 00 8,000.00 2,250.00 I,000.00 16,738.00 4,000.00 2,700.00 240,269.84 72.66 330,662.00 (235,337.97) Page 73.51 (320,162.00) Staff Report F2009-45 regarding Financial Report. File: F0... Page 293 of 405 2009.07.22 6.3 9050 MUNICIPALITY OF BAYHAM General Ledger Annual Department Budget vs. Actual Comparison Report Fiscal Year 2009 - From Period 1 To Period 10 Ending OCT 31 ,2009 30/10/2009 9:474M 2008 Year Total 2009 Year To Date AclualAccount Description Budget Pct Used Total Budget 2020 POLTCE SERVIGES Revenue 01 -20204120 POA Revenues 0'l-2020-4130 Sundry 01 -20204190 Contributions from Reserves Total Revenue Expense 01 -2020-5210 Utilities 01 -2020-527 0 Building Maintenance 01 -2020-5290 Grounds Maintenance 01-2020-5300 lnsurance 01-2020-5360 Telephone 01 -2020-5450 Service Contract O'l -2020-5460 Police Services Board Total Expense Dept Excess Revenue Over (Under) Expenditures 89,662.02 '112.08 80,000.00 521,091.32 74.01 704.047.00 (431,429.30)69.13 (624,047.00) 80,864.07 8,797.95 0.00 269.55 30,000.00 0.00 0.00 0.00 50,000.00 769.51 0.00 275.9'l 168.00 115.24 519,762.66 0.00 24.90 3,090.00 0.00 500.00 1 10.36 250.00 't00.00 168.00 19.21 600.00 74.63 696,439.00 0.00 3,000.00 Page Staff Report F2009-45 regarding Financial Report. File: F0... Page 294 of 405 2009.07.22 6.3 9050 MUNICIPALITY OF BAYHAM General Ledger Annual Department Budget vs. Actual Comparison Report Fiscal Year 2009 - From Period 1 To Period 10 Ending OCT 31 ,2009 30/10/2009 9:474M 2008 YearTotal 2009 YearTo Date Account Description Actual Budget Pct Used Total Budget 2O3O CONSERVATION AUTHORITY Expense 01-2030-5460 Conservation Authority Total Expense Dept Excess Revenue Over (Under) Expenditures 36,176.00 100 00 36,176.00 36,176.00 1 00.00 36,1 76.00 (36,176.00)'r00.00 (36,176.00) Page 10 Staff Report F2009-45 regarding Financial Report. File: F0... Page 295 of 405 2009.07.22 6.3 9050 MUNICIPALITY OF BAYHAM General Ledger Annual Department Budget vs. Actual Comparison Report Fiscal Year 2009 - From Period 1 To Period ',l0 Ending OCT 31 ,2009 30/10/2009 9:474M 2008 Year Total 2009 Year To Date ActualAccount Description Budget Pct Used Total Budget 2O4O PROTECTIVE INSPECTION & CONTRO Revenue 01-20404'130 Building Permits 01-2040-4140 Septic System Permits & PDC's 01-20404150 Sundry Revenues Total Revenue Expense 01-2040-5100 Salaries & Wages 01-2040-51 10 Statutory Benefits 0'l -2040-51 20 Non-Statutory Benefits 01-2040-5'170 Supplies 01-2040-5175 Enforcement Costs 01 -2040-5220 Subscriptions & Publication 01 -2040-5240 Advertising 01-2040-5250 Association & Membership Fees 01 -2040-5295 Veh icle Maintenance 01-2040-5300 lnsurance 01-2040-5310 Legal Fees 01-2040-5330 Training & Education 01-2040-5340 Conferences & Seminars 01-2040-5350 Travel 01-2040-5360 Telephone 01-2040-5370 Sundry 01 -2040-551 0 Administrative Overhead Total Expense Dept Excess Revenue Over (Under) Expenditures 57,536.00 8,225.00 0.00 95.89 60,000.00 117.50 7,000.00 0.00 300.00 65,761.00 97.71 67,300 00 45,983.87 4,204.62 8,336.81 229.84 9.59 223.50 0.00 200.00 222.86 902.00 0.00 344.95 't,492.42 696.60 307.98 81.56 2,600.00 76.74 63.79 92.75 24.85 0.00 89.40 0.00 50 00 21.70 100 00 0.00 13 80 59.70 77.40 57.03 5.29 100.00 59,920.00 6,s91.00 8,988.00 925.00 0.00 250 00 200.00 400.00 't,027.00 902.00 2,500.00 2,500.00 2,500.00 900.00 540.00 1,541.00 2,600.00 65,836.60 71.34 92,284.00 (75.60)0.30 (24,984.00) 11Page Staff Report F2009-45 regarding Financial Report. File: F0... Page 296 of 405 2009.07.22 6.3 9050 MUNICIPALITY OF BAYHAM General Ledger Annual Department Budget vs. Actual Comparison Report Fiscal Year 2009 - From Period 1 To Period '10 Ending OCT 31 ,2009 30/10/2009 9:474M 2008 Year Total 2009 Year To Date ActualAccount Description Budget Pct Used Total Budget 2O5O BY-LAW ENFORCEMENT Revenue 01-20504120 Dog Tag Sales 01 -2050-41 30 Administration Fees 01-2050-41 50 Recoverable Costs Total Revenue Expense 01-2050-5100 Salaries & Wages 01-2050-51 10 Statutory Benefits 01-2050-5120 Non-Statutory Benefits 01-2050-5150 Health & Safety Supplies 01-2050-5170 Supplies 01-2050-5175 Enforcement Costs 01 -2050-5240 Advertising 01-2050-5250 Association & Membership Fees 01 -2050-5295 Vehicle Maintenance 01-2050-5300 lnsurance 01-2050-5310 Legal Fees 01-2050-5330 Training & Education 01 -2050-5340 Conferences & Seminars 01-2050-5350 Travel 01-2050-5370 Sundry 01-2050-5450 Service Contract 01-2050-5470 Dog Tags - Licensing Agent 01-2050-5475 Dog Tags - Supplies Total Expense Dept Excess Revenue Over (Under) Expenditures 19,150.50 71.59 26,750.00 52,043.60 74.46 69,897.00 (32,893.10)76.23 (43,147.00) 17,248.00 250.00 1,652.50 87.33 't9,750.00 0.00 0.00 23.61 7,000.00 17,720.92 1,539.60 3,097.20 0.00 364.47 1,620.72 0.00 389.00 1,097.47 902.00 10,714.70 911.39 474.00 0.00 30.26 10,550.00 2,631.87 0.00 65.07 51.39 75.82 0.00 242.98 40.52 0.00 75.53 73.16 100.00 267.87 45.57 31.60 0.00 0.00 68.06 75.20 0.00 27,234.00 2,996.00 4,085.00 200.00 150.00 4,000.00 515.00 515.00 '1,500.00 902.00 4,000.00 2,000.00 1,500.00 300.00 0.00 15,500.00 3,500.00 1,000.00 Page 12 Staff Report F2009-45 regarding Financial Report. File: F0... Page 297 of 405 2009.07.22 6.3 9050 MUNICIPALITY OF BAYHAM General Ledger Annual Department Budget vs. Actual Comparison Report Fiscal Year 2009 - From Period 1 To Period 10 Ending OCT 31 ,2009 30/10/2009 9:474M 2009 Year To Date Actual Budget Pct Used Total Budget 2510 ROADS Revenue 01-2510-4110 Grants & Subsidies 01-2510-4120 Sundry 01-2510-4'130 Service Charges 0'l-2510-4140 Permit Fees Total Revenue Expense 01-2510-51 00 Salaries & Wages 01-2510-5'1 '10 Statutory Benefits 01 -2510-5120 Non-Statutory Benefits 01-2510-5130 Clothing Allowance 01-2510-5170 Materials 01-2510-5180 Fuel Clearing 01 -2510-5'185 Vehicle Repairs-Clearing,Other 01 -2510-52'1 0 Utilities 01 -251 0-5240 Advertising 01-2510-5250 Association & Membership Fees 01 -2510-527 O Building Maintenance O'l -2510-527 5 Equipment Maintenance 01-251 0-5290 Drainage Assessments - Materials 01-2510-5300 lnsurance 01-2510-5310 Legal Fees 01-2510-5330 Training & Education 01-25'10-5340 Conferences & Seminars 01-2510-5350 Travel 01-2510-5360 Telephone 0l-2510-5370 Sundry 0 l -251 0-6100 Truck 1 - Salaries & Wages 01-2510-6109 Truck 1 - Fuel 01-2510-61 10 Truck 1 - Repairs & Maintenanc 01-25'10-6112 Truck 2 - Repeirs & Maintenance 01-2510-61 '13 Truck 2 - Fuel 01-2510-6120 Truck 4 - Salaries & Wages 01-2510-6129 Truck 4 - Fuel 01-2510-6130 Truck4 - Repairs & Maintenanc 01-2510-6140 Truck 5 - Salaries & Wages 01-2510-6149 Truck 5 - Fuel 01-2510-6150 Truck 5 - Repairs & Maintenanc 01-2510-6160 Deere Tractor 12 - Wages 01 -251 0-61 69 Deere Tractor 12 - Fuel 01-2510-6170 Deere Tractor 12 - Repairs & Maint 01-2510-6200 Grader 6 - Wages 01-2510-6209 Grader 6 - Fuel 01-25'10-6210 Grader 6 - Repairs & Mainten 01-2510-6220 Grader 7 - Wages 01-2510-6229 Grader 7 - Fuel 01-2510-6230 Grader 7 - Repairs & Maintenan 01-2510-6240 Case Loader 13 - Wages 284,972.0',1 't1,009.17 570.67 2,240.00 77.29 368,696.00 0.00 0.00 0.00 0.00 0.00 0.00 298,79'1.85 81.04 368,696.00 134,660.66 35,337.10 66,786.34 1,050.92 3,684.39 29,477.0'l 12.90 18,0',12.17 872.92 0.00 18,370.24 13,688.81 1,260.47 44,589.00 0.00 2,347.05 4,693.86 192.60 2,114.71 2,553.43 552.68 4,036.87 1,435.84 532.22 784.67 921.47 5,081 70 15,988.13 2,835.70 803.52 2,695.12 433 68 471.61 4,298.51 1,067.06 4,472.70 3,302.91 2,823.10 1, t73.95 2,603.59 617.60 94.17 74.12 't 05.1 0 27.44 38.78 28.76 0.26 87.44 349.17 000 153.09 34222 18.01 100.00 0.00 26 08 312.92 38.52 84.59 255.34 3.25 0.00 1.39 0.00 0.00 0.00 000 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 13 143,000.00 47,678.00 63,545.00 3,830.00 9,500.00 102,500.00 5,000.00 20,600.00 250.00 250.00 12,000.00 4,000.00 7,000.00 44,589.00 500.00 9,000.00 1,500.00 500.00 2,500.00 1,000.00 '17,000.00 0.00 103,000.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 000 0.00 0.00 0.00 0.00 0.00 0.00 Page Staff Report F2009-45 regarding Financial Report. File: F0... Page 298 of 405 2009.07.22 6.3 9050 MUNICIPALITY OF BAYHAM General Ledger Annual Department Budget vs. Actual Comparison Report Fiscal Year 2009 - From Period 'l To Period 10 Ending OCT 31,2009 30/10/2009 9:474M Account Description 2008 YearTotal 2009 YearTo Date Actual Budget Pct Used Total Budget 0'l-2510-6249 01 -251 0-6250 01-25't0-6269 0't-2510-6270 01 -251 0-6280 01 -251 0-6289 01-2510-6290 01 -251 0-6300 01 -251 0-6309 01 -251 0-631 0 01-2510-6320 01 -251 0-6329 01 -251 0-6330 01-2510-6340 01 -251 0-6349 01 -251 0-6350 01 -251 0-6369 01 -251 0-6389 01 -251 0-6390 01 -251 0-6409 01 -251 0-64 ,l 0 01-2510-6420 01-2510-6429 01 -251 0-6430 01-2510-6440 01 -251 0-6449 01-25't0-6450 01-2510-7400 01-2510-74',t0 o't-2510-7450 0't-2510-7460 01-25'10-7500 01-25',t0-7510 0'l-2510-7520 0 t -251 0-7530 0't-2510-7600 01-2510-7610 01-2510-7620 01 -251 0-7630 01 -251 0-7650 01-2510-7660 01-2510-7700 01-2510-7710 01 -251 0-7800 01-2510-78',t0 01-25',t0-7850 01 -251 0-7860 01 -251 0-7900 o't-2510-7950 01 -251 0-8000 3,841 33 4,473.28 70.56 142.46 327.00 1,734.38 1,634.25 699.21 543.26 1,302.62 1,443.37 4,'t79.67 24,243.17 1,683.72 585.96 630.97 284.90 2,159.78 2,056.01 1,586.02 3,715.72 1,332.18 5,039.36 '18,445.13 163.44 4,782.91 4,086.41 2,888.84 4,611.75 10,806 25 24,474 26 18,797.44 16,280 40 8,083 67 9,431.54 11,780.97 28,161.14 11,894.65 47,482.14 7,555 57 701.25 5,462 61 0.00 8,174.63 't4,190.30 1,033.58 578.07 4,155.30 2,456.12 79,362.03 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 288.88 92.24 108.06 222.49 96.40 88 00 80 84 471.58 124 01 137.37 297.37 135 66 41.98 0.00 68 28 0.00 90.83 101.36 51.68 9.63 92.34 54.58 99.20 14 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 000 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1,000.00 5,000.00 10,000.00 11,000.00 19,500.00 18,500.00 10,000.00 2,000.00 9,500.00 20,500.00 4,000.00 35,000.00 18,000.00 0.00 8,000.00 4,000.00 9,000.00 14,000.00 2,000.00 6,000.00 4,500.00 4,500.00 80,000 00 Case Loader 13 - Fuel Case Loader 13 - Repairs & Mainte Truck 14 - Fuel Truck 14 - Repairs & Ma¡ntena Deere Backhoel0 - Wages Deere Backhoe 10 - Fuel Deere Backhoe 10 - Repairs & Main Tractor & Mower 11 - Wages Trector & Mower 11 - Fuel Tractor & Mower 11 - Repairs Truck I - Wages Truck 8 - Fuel Truck I - Repeirs & Maintenance Bulldozer 15 - Wages Bulldozer 15 - Fuel Bulldozer 15 - Repairs & Maintenance Truck 18 - Fuel Truck 17 - Fuel Truck 17 - Repeirs & Maintenance Truck 9 - Fuel Truck 9 - Repairs & Maintenance Truck 3- Wages Truck 3 - Fuel Truck 3- Repe¡rs & Maintenance Truck 9 - Wages Truck 9 - Fuel Truck 9 - Repairs & Maintenance Bridge Maintenance - Wages Bridge Maintenance - Material Culvert Maintenance - Wages Culvert Maintenance - Material Weed/Brush/Ditch - Wages Weed/Brush/Ditch - Material Catch Basins - Wages Catch Basins - Material Hardtop Maintenance - Wages Hardtop Maintenance - Material Loosetop Maintenance - Wages Loosetop Maintenance - Materials Grading - Wages Grading - Material Dust Control - Wages Dust Control - Material Safety Devices - Wages Safety Devices - Material Sidewalk Maintenance - Wages Sidewalk Maintenance - Materia CN Crossing Safety Devices Road Names County Roads - Wages Page Staff Report F2009-45 regarding Financial Report. File: F0... Page 299 of 405 2009.07.22 6.3 9050 MUNICIPALITY OF BAYHAM General Ledger Annual Department Budget vs. Actual Comparison Report Fiscal Year 2009 - From Period I To Period '10 Ending OCT 31,2009 30/10/2009 9:474M 2008 YearTotal 2009YearTo Date Account Description Ac'tual Budget Pcl Used Total Budget 01-2510-8010 County Roads - Materials Total Expense Dept Excess Revenue Over (Under) Expenditures 305,904.1 3 105.96 288,696.00 1j52p90.92 97.35 1,183,438.00 (853,299.07)104.73 (814,742.00) 15 Staff Report F2009-45 regarding Financial Report. File: F0... Page 300 of 405 2009.07.22 6.3 9050 MUNICIPALITY OF BAYHAM General Ledger Annual Department Budget vs. Actual Comparison Report Fiscal Year 2009 - From Period 1 To Period 10 Ending OCT 31 ,2009 30/10/2009 9:474M 2008 Year Total 2009 Year To Date ActualAccount Description Budget Pcl Used Total Budget 2520 ROADS. WINTER CONTROL Revenue 01-25204110 Grants & Subsidies Total Revenue Expense 01-2520-5100 Salaries & Wages 01 -2520-517 O Materials 0'l -2520-5280 Equ ipment Maintenance 0'l-2520-5370 Sundry 01-2520-5520 Service Contract - Pt Buruell 01-2520-5530 Service Contract - Vienna 01-2520-5540 Service Contract - Straff 01-2520-5550 Service Contract - Eden 01-2520-5555 Service Contrect - Richmond 0l -2520-5560 Service Contract - Sidewalks Total Expense Dept Excess Revenue Over (Under) Expenditures 9,917.73 9,917.73 100 18 9,900.00 68,503. 16 58 37 117,355.00 (58,585.43)54 52 (107,455.00) '100.18 9,900.00 13,308.98 32,683.21 4,669.72 0.00 4,677.00 3,I 05.00 3,576.00 1,685.00 2,627.00 2,171.25 50.12 81.71 23.95 0.00 51.97 62.1 0 79.47 56.1 7 105.08 3'1.02 26,555.00 40,000.00 19,500.00 300 00 9,000.00 5,000.00 4,500 00 3,000.00 2,500.00 7,000.00 Page 16 Staff Report F2009-45 regarding Financial Report. File: F0... Page 301 of 405 2009.07.22 6.3 9050 MUNICIPALITY OF BAYHAM General Ledger Annual Department Budget vs. Actual Comparison Report Fiscal Year 2009 - From Period 1 To Period 10 Ending OCT 31 ,2009 30/10/2009 9:474M Account Description 2008 YearTotal 2009 YearTo Date Ac{ual Budget Pct Used Total Budget 2540 STREET LIGHTS Expense 01-2540-5520 Sl-A Port Bunivell 01-2540-5530 SLA Vienna 01-2540-5540 SLA Straffordville 01-2540-5550 Slá Eden 01-2540-5560 Sl-A Corinth 01 -2540-557 0 Sl-A Richmond Total Expense Dept Excess Revenue Over (Under) Expendítures Category Excess Revenue Over (Under) Expenditures 46,689.73 96.31 48,480.00 (46,689.73)96.31 (48,480.00) (1,694,486.20)83.92 (2,019,193.00) 18,449.47 5,404.46 11,024.22 7,1 63.1 3 1,845.49 2,802.96 114.17 89.18 77.96 1',tB.20 60.91 92.5',1 16,160.00 6,060.00 14,140.00 6,060.00 3,030.00 3,030.00 Page 't7 Staff Report F2009-45 regarding Financial Report. File: F0... Page 302 of 405 2009 07.22 6.3 9050 MUNICIPALITY OF BAYHAM General Ledger Annual Department Budget vs. Actual Comparison Report Fiscal Year 2009 - From Period 1 To Period 10 Ending OCT 31 ,2009 30/10/2009 9:474M 2008 Year Total 2009 Year To Date Ac,tualAccount Description Budget Pct Used Total Budget Category: 3??? 3O1O WATER SYSTEM Revenue 01-3010-401 0 Water revenues 01-3010-41 '1 0 Grants & Subsidies 01 -3O1O41 20 Water Meters 01-3010-4140 Water Connect Chgs Vienna 01-3010-4'150 Water penalties Total Revenue Expense 01-3010-5100 Salaries & Wages 01-3010-51 10 Statutory Benefits 01-3010-5120 Non-Statutory Benefits 01-3010-5170 Supplies 0't-3010-5175 Tools and Equipment 01-3010-5180 Lab Fees 01-3010-5210 Utilities 01-3010-5240 Advertising 01-3010-5250 Association Fees 01-3010-5260 Auditing Fees 01-3010-5280 System Maintenance 01-3010-5295 Vehicle Maintenance 01-3010-5300 lnsurance 01-3010-5330 Training & Education 01-3010-5335 Licences 01-3010-5340 Conferences & Seminars 01-3010-5360 Telephone 01-3010-5370 Sundry 01 -301 0-5400 Transfers to Reserves 01 -3010-541 0 Water Quality Management 01 -301 0-5450 Service Contract - Secondary System 01 -30'l 0-551 0 Administrative Overhead 0l-30'10-5520 Water Supply 01 -301 0-5620 Water adjustments Total Expense Dept Excess Revenue Over (Under) Expenditures 293,025.58 40,041.55 2,250.00 5,658.01 6,049.93 59.63 491,384.00 0.00 0.00 't50.00 1,500.00 '100.00 5,658.00 91.09 6,642 00 347,025.07 68.69 505,184.00 63,488.89 5,677.48 9,268.60 '1,359.44 I,593.00 4,052.00 I,517.58 223.18 475.00 1,717.00 9,3'19.75 '1,107.50 676.00 1,332 62 0.00 1,809.12 1,007.95 0.00 0.00 525.00 103,747.83 4,848.00 44,493.07 6,336.87 87.24 72,779.00 70 94 8,003.00 84.89 I 0,918.00 33.65 4,040.00 132.75 1,200.00 47.20 8,585.00 78.27 1,939.00 110.49 202.00 94.06 505.00 '100.00 1,717.00 98.10 9,500.00 91.38 1,212.00 100.00 676.00 102.51 1,300.00 0.00 600,00 51.69 3,500.00 132.97 758.00 0.00 101 .00 0.00 65,000.00 21.00 2,500.00 48.56 213,667.00 100.00 4,848.00 48.56 91,633.00 0.00 0.00 264,575.88 8,244,919.00 505,1 83.00 1.00 52.37 82,449.19 Page 18 Staff Report F2009-45 regarding Financial Report. File: F0... Page 303 of 405 2009.07.22 6.3 9050 MUNICIPALITY OF BAYHAM General Ledger Annual Department Budget vs. Actual Comparison Report Fiscal Year 2009 - From Period 'l To Period 10 Ending OCT 31 ,2009 30/10/2009 9:474M 2008 Year Total 2009 YearTo Date ActualAccount Description Budget Pct Used Total Budget 3O2() SEWAGE SYSTEM Revenue 01-30204010 Sewer revenues 0'l-3020-4'125 lnvestment lncome - Sewer Fund 01-3020-4130 Septage receiving Charges 01-3020-4150 Sewer penalties Total Revenue Expense 01-3020-51 00 Salaries & Wages 01-3020-51 10 Statutory Benefits 01 -3020-5120 Non-Statutory Benefìts 01-3020-5130 Clothing Allowance 01-3020-5170 Supplies - Plant 01-3020-5175 Supplies - Collection 01-3020-5180 Lab Fees 01-3020-5'190 Chemicals 01-3020-5210 Utilities - Plant 0l-3020-5211 Utilities - Collection System 01 -3020-521 5 Property taxes 01-3020-5240 Advertising 01-3020-5250 Association & Membership Fees 01-3020-5260 Auditing Fees 01 -3020-5270 Building/Plant Maintenance 01 -3020-527 5 Odour Control 01-3020-5280 System Maintenance 01-3020-5285 Equipment Mtce - Plant 0't -3020-5290 Grounds Maintenance 01-3020-5295 Vehicle Maintenance 01 -3020-5300 Sludge Haulage/Disposal 01-3020-5305 lnsurance 01-3020-5330 Training & Education 01-3020-5335 Licences 01-3020-5340 Conferences & Seminars 01-3020-5350 Travel 01-3020-5360 Telephone 01-3020-5370 Sundry 01-3020-5400 Transfers to Reserves 01 -3020-551 0 Administrative Overhead Total Expense Dept Excess Revenue Over (Under) Expenditures 354,603.67 64.48 549,944.00 28'1,769.89 51.24 549,945.00 72,833.78 (7,283,378.00)(1.00) 350,986.02 0.00 0.00 3,617.65 66.89 524,698.00 0.00 11,000.00 0.00 9,500.00 76.23 4,746.00 109,007.95 10,046.46 13,069.88 631.89 1,875.35 8'12.88 6,754.52 4,655.20 48,566.54 18,820.85 2,229.00 't90.42 0.00 1,750.00 3,089.34 14,928.29 15,341.66 4,086.20 585.00 1 ,1 65.35 11,397.00 0.00 325.00 75.00 1,176,62 212,85 2,876,64 0.00 0.00 8,100.00 80.63 67.55 64.44 90.27 85.24 95.63 84.43 80.26 82.58 73.09 50.54 95.21 0.00 100.00 25.74 60.93 153.42 24.76 26.59 97.11 67.04 0.00 16.25 37.50 29.42 133.03 89.90 0.00 0.00 100.00 135,201.00 14,873.00 20,281.00 700.00 2,200.00 850.00 8,000.00 5,800.00 58,813.00 25,750.00 4,410.00 200.00 120.00 I,750.00 12,000.00 24,500.00 10,000.00 16,500.00 2,200.00 1,200.00 17,000.00 5,664 00 2,000.00 200 00 4,000.00 160 00 3,200 00 100 00 1 64, r 73.00 8,100 00 Page 19 Staff Report F2009-45 regarding Financial Report. File: F0... Page 304 of 405 2009.07.22 6.3 9050 MUNICIPALITY OF BAYHAM General Ledger Annual Department Budget vs. Actual Comparison Report Fiscal Year 2009 - From Period 1 To Period 10 Ending OCT 31 ,2009 30/10/2009 9:474M Account Description 2008 YeerTotal 2009 YearTo Date Actual Budget Pct Used Total Budget 3O3O WASTE DISPOSAL Revenue 01-3030-41 10 Grants & Subsidies 01-3030-4120 Sundry Total Revenue Expense 01-3030-5100 Salaries & Wages 01 -3030-5240 Advertising 01-3030-5450 Service Contract - Waste Dispo 01-3030-5455 Recycling Service Contract 01-3030-5460 Large ltem/Hazardous Waste Day Total Expense Dept Excess Revenue Over (Under) Expenditures 44,140.66 152.21 29,000.00 337,791 .77 77.35 436,732.00 (293,651 .1 1)72.02 (407,732.00) 44,140.66 0.00 183.92 24,000.00 0.00 5,000.00 2j63.37 261.76 197,758.65 115,288.65 22,319.34 70.01 3,090.00 87.25 300.00 79.06 250,146.00 74.05 155,695.00 81 .1 6 27 ,501 .OO Page Staff Report F2009-45 regarding Financial Report. File: F0... Page 305 of 405 2009.07.22 6.3 9050 MUNICIPALITY OF BAYHAM General Ledger Annual Department Budget vs. Actual Comparison Report Fiscal Year 2009 - From Period 1 To Period l0 Ending OCT 3l ,2009 30/10/2009 9:474M 2008 Year Total 2009 Year To Date ActualAccount Description Budget Pct Used Total Budget 3510 HEALTH SERVICES Revenue 01 -3510-41 10 Grants & Subsidies Total Revenue Expense 01-3510-5100 Salaries & Wages 01 -3510-51 10 Statutory Benefits 01 -3510-5120 Non-Statutory Benefits 01-3510-5170 Supplies 01-3510-52'10 Utilities 01-3510-5270 Building Maintenance 01-3510-5290 Grounds Maintenance 01-3510-5300 lnsurance 01-3510-5370 Sundry 01-3510-5450 Health Needs Total Expense Dept Excess Revenue Over (Under) Expenditures 94,373.50 0.00 94,373.50 0.00 0.00 102,775.05 1,076.63 9,546.00 (8,401.55)88.01 (9,546.00) 0.00 70,462.48 6,176.06 10,445.91 64.12 3,088.13 2,388.58 1 ,028.1 0 1,826.00 95.67 7,200.00 0.00 0.00 0.00 0.00 74.95 119.43 102.81 100.00 15.95 0.00 0.00 0.00 0.00 0.00 4,120.00 2,000.00 1,000.00 1,826.00 600.00 0.00 Page 2'l Staff Report F2009-45 regarding Financial Report. File: F0... Page 306 of 405 2009.07.22 6.3 9050 MUNICIPALITY OF BAYHAM General Ledger Annual Department Budget vs. Actual Comparison Report Fiscal Year 2009 - From Period 1 To Period 10 Ending OCT 31,2009 30/10/2009 9:474M Account Description 2008 Year Total 2009 Year To Date Actual Budget Pct Used Total Budget 3520 CEMETERIES Expense 0'l -3520-5290 Grounds Maintenance 01 -3520-5370 Sundry/lnterest Total Expense Dept Excess Revenue Over (Under) Expenditures Category Excess Revenue Over (Under) Expenditures 9,747.89 59.08 16,500.00 (9,747.89)59.08 (16,500.00) (156,51 7.58)36.08 (433,778.00) 9,620.00 127.89 66.34 14,500.00 6.39 2,000.00 Page Staff Report F2009-45 regarding Financial Report. File: F0... Page 307 of 405 2009.07.22 6.3 9050 MUNICIPALITY OF BAYHAM General Ledger Annual Department Budget vs. Actual Comparison Report Fiscal Year 2009 - From Period 1 To Period 10 Ending OCT 31 ,2009 30/10/2009 9:474M 2008 Year Total 2009 Year To Date Account Description Actual Budget Pc{ Used Total Budget Category: 4??? 401 O GENERAL ASSISTANCE Expense 01 -401 0-5590 General Assistance Grants Total Expense Dept Excess Revenue Over (Under) Expenditures 80.21 7,800.00 6,256.00 80.21 7,800.00 (6,256.00)80.2'.t (7,800.00) Page 23 Staff Report F2009-45 regarding Financial Report. File: F0... Page 308 of 405 2009.07.22 6.3 9050 MUNICIPALITY OF BAYHAM General Ledger Annual Department Budget vs. Actual Comparison Report Fiscal Year 2009 - From Period 'l To Period 10 Ending OCT 31 ,2009 30/'10/2009 9:474M 2008 Year Total 2009 Year To Date Ac'tualAccount Description Budget Pct Used Total Budget 4510 PARKS & RECREATION Revenue 01-4510-41 10 Grants & Subsidies Total Revenue Expense 01-451 0-51 00 Salar¡es & Wages 01-451 0-51 05 Wages - Festival Support 01.451 0-51 10 Statutory Benefits 01-4510-5170 Supplies 014510-5210 Utilities 01-4510-5215 Utilities - Eden School 01 451 0-5240 Advertising 01 451 0-5270 Building Maintenance 014510-5280 Equipment Maintenance 01-4510-5290 Grounds Maintenance 01-4510-5300 lnsurance 01-4510-5370 Sundry 01 -451 0-5590 General Assistance 01-4510-5600 Canada Day Total Expense Dept Excess Revenue Over (Under) Expenditures 1 ,I 50.00 44.23 2,600.00 '1,150.00 44.23 2,600.00 42,950.35 76.80 55,922.00 (41,800.35)78.39 (53,322.00) 16,837.74 479.60 0.00 0.00 2,901.49 (922.82) 224.76 0.00 2,118.63 10,359.07 9,455.00 298.42 0.00 1,198.46 77.26 0.00 0.00 0.00 93.90 0.00 224.76 0.00 423.73 77.36 r 00.00 59.68 0.00 108.95 2'.t,795.00 0.00 3,992.00 500.00 3,090.00 0.00 100.00 1,000.00 500.00 13,390.00 9,455.00 500.00 500.00 I ,1 00.00 Page 24 Staff Report F2009-45 regarding Financial Report. File: F0... Page 309 of 405 2009.07.22 6.3 9050 MUNICIPALITY OF BAYHAM General Ledger Annual Department Budget vs. Actual Comparison Report Fiscal Year 2009 - From Period 1 To Period 10 Ending OCT 31 ,2009 30/10/2009 9:474M 2008 Year Total 2009 Year To Date ActualAccount Description Budget Pct Used Total Budget 4520 COMMUNITY CENTRE-STRAFF Revenue 0145204120 Sundry Revenue 0'l-45204130 Rentals 01-45204140 Mix Total Revenue Expense 0'l-4520-5100 Salaries & Wages 01 4520-51 10 Statutory Benefits 014520-5170 Supplies 01-4520-5210 Utilities O'l 4520-5240 Advertising 01 4520-5270 Building Maintenance 01 -4520-5280 Equipment Maintenance 01 -4520-5290 Grounds Maintenance 01-4520-5300 lnsurance 01 -4520-5360 Telephone 01-4520-5370 Sundry 01-4520-5450 Service Contract Total Expense Dept Excess Revenue Over (Under) Expenditures 11,368.58 66.87 17,000.00 47,217.15 67.83 69,616.00 (35,848.57)68.13 (52,616.00) 62.33 10,010.00 1,296 25 0.00 0.00 80.08 12,500.00 28.8',1 4,500.00 8,795.01 496.18 2,298.59 15,520.53 64.00 665.38 '1,030.75 3,872.25 4,436.00 368.61 445.85 9,224.00 80.76 58.03 45.97 71.75 0.00 20.16 34.36 70.40 100.00 184.31 49.54 66.34 10,890.00 855.00 5,000.00 21,630.00 0.00 3,300.00 3,000.00 5,500.00 4,436.00 200.00 900 00 13,905.00 Page 25 Staff Report F2009-45 regarding Financial Report. File: F0... Page 310 of 405 2009.07.22 6.3 9050 MUNICIPALITY OF BAYHAM General Ledger Annual Department Budget vs. Actual Comparison Report Fiscal Year 2009 - From Period 1 To Period 10 Ending OCT 31 ,2009 30/10/2009 9:474M 2008 Year Total 2009 Year To Date Ac,tualAccount Description Budget Pct Used Total Budget 4530 COMMUNITY CENTRE-VIENNA Revenue 01-4530-4130 Rentals Total Revenue Expense 01-4530-5100 Management Contract 01-4530-5'170 Supplies 01-4530-5210 Utilities 01-4530-5240 Advertising 01 -4530-5270 Building Maintenance 01 -4530-5280 Equipment Maintenance 014530-5290 Grounds Maintenance 01 -4530-5300 lnsurance 01 -4530-5360 Telephone 014530-5370 Sundry 01'4530-5450 Service Contract Total Expense Dept Excess Revenue Over (Under) Expenditures 7,065.00 67 .29 10,500.00 7,065.00 67 .29 10,500.00 33,340.95 64.40 51,774.00 (26,27s.95)63.66 (41,274.00) 8,679.09 864.'10 6,810.63 64.00 2,839.23 1,181.68 2,852.70 4,436.00 406.80 '144.22 5,062.50 91.36 43.21 50.86 0.00 61.72 39.39 81 .5,| 100.00 42.38 28 84 51.20 9,500.00 2,000.00 13,390.00 0.00 4,600.00 3,000.00 3,500.00 4,436.00 960.00 500.00 9,888.00 Page 26 Staff Report F2009-45 regarding Financial Report. File: F0... Page 311 of 405 2009.07.22 6.3 9050 MUNICIPALITY OF BAYHAM General Ledger Annual Department Budget vs. Actual Comparison Report Fiscal Year 2009 - From Period 1 To Period 10 Ending OCT 31,2009 30/10/2009 9:474M 2008 Year Total 2009 Year To Date ActualAccount Description Budget Pct Used Total Budget 4535 EDEN COMMUNITY CENTRE Revenue 01-4535-4130 Rentals Total Revenue Expense 01.4535-5180 Equipment Maintenance 01-4535-5210 Utilities 01 4535-5270 Building Maintenance 01 -4535-5290 Grounds Maintenance 01 -4535-5300 lnsurance Total Expense Dept Excess Revenue Over (Under) Expenditures 3,873.63 50.34 7,695.00 3,873.63 50.34 7,695.00 10,897.60 67.'t7 16,225.00 (7,023.s7)82.34 (8,530.00) 0.00 4,992.60 2,555.00 1,320.00 2,030.00 0.00 74.57 73.00 66.00 100.00 2,000.00 6,695.00 3,500.00 2,000.00 2,030.00 Page 27 Staff Report F2009-45 regarding Financial Report. File: F0... Page 312 of 405 2009.07.22 6.3 90s0 MUNICIPALITY OF BAYHAM General Ledger Annual Department Budget vs. Actual Comparison Report Fiscal Year 2009 - From Period 1 To Period 10 Ending OCT 3l ,2009 30/10/2009 9:474M 2008 Year Total 2009YearTo Date ActualAccount Description Budget Pct Used Total Budget 4540 LIBRARIES Revenue 0145404130 Lease Revenues Total Revenue Expense 01-4540-5210 Utilities 01 -4540-5270 Building Maintenance 01 -4540-5290 Grounds Maintenance 01-4540-5300 lnsurance Total Expense Dept Excess Revenue Over (Under) Expenditures 47,963.64 75.16 63,816.00 47,963.64 75.16 63,816.00 8,382.19 7,850.65 1,712.82 2,154.00 73.98 11,330.00 101.30 7,750.00 68.51 2,500.00 100.00 2,154.00 20,099.66 84.69 23,734.00 27,863.98 69.52 40,082.00 Page 28 Staff Report F2009-45 regarding Financial Report. File: F0... Page 313 of 405 2009 07 22 6.3 9050 MUNICIPALITY OF BAYHAM General Ledger Annual Department Budget vs. Actual Comparison Report Fiscal Year 2009 - From Period 1 To Period 10 Ending OCT 31,2009 30/10/2009 9:474M Account Description 2008 Year Total 2009 Year To Date Actual Budget Pct Used Totel suoget I 4550 MUSEUMS BAYHAM Revenue 01-455041 10 Grants & Subsidies 01-4550-4120 Sundry 01 -455041 30 Admissions 01 -4550-417 0 Children's Programs 01 -4550-41 80 Fundraising 01-4550-4185 Donations 0l -45504190 Contributions from Reserves Total Revenue Expense 01-4550-5100 Salaries & Wages 01-4550-51 10 Statutory Benefits 014550-5170 Supplies 01-4550-5180 Fundraising expense 014550-5190 Children's Programs 01-4550-52"10 Utilities 01-4550-5240 Advertising 01-4550-5245 Marketing 01-4550-5250 Memberships (EON) 01 -4550-527 0 Building Maintenance 014550-5280 Equipment Maintenance 01-4550-5290 Grounds Maintenance 014550-5300 lnsurance 014550-5340 Conferences & Seminars 014550-5350 Travel 01-4550-5360 Telephone 01'4550-5370 Sundry 0'l -4550-5400 Transfer to Reserves 01 4550-5450 Contracted Services 01-4550-5600 Special Project 0l-4550-5610 Special Events Total Expense Dept Excess Revenue Over (Under) Expenditures Category Excess Revenue Over (Under) Expenditures 19,081 .19 687.01 6,704.93 448.00 1,035.00 2,027.58 0.00 252.40 171 .7 5 83.81 89.60 't3.71 135.17 0.00 7,560 00 400 00 8,000.00 500.00 7,550.00 1,500.00 500.00 29,983.71 115.28 26,010.00 38,504.06 3,084.20 586.80 1,661.28 370.66 6,960.50 1,529.76 0.00 235.00 9,924.97 1,592.00 2,564.61 2,596.00 0.00 0.00 1,706.80 83.15 0.00 0.00 271.58 0.00 101.11 79.22 29.34 4',1 .79 74.13 54.06 50.99 0.00 42.73 171.',tz '1 06.13 73.27 100.00 0.00 000 113.79 832 0.00 0.00 54.32 0.00 38,080.00 3,893 00 2,000 00 3,975 00 500 00 12,875 00 3,000.00 2,500.00 550.00 5,800.00 1,500.00 3,500.00 2,596.00 400.00 400.00 1,500.00 I,000 00 5,075.00 3,000.00 500.00 500.00 71,671.37 76.95 93,144 00 (41,687.66)62.10 (67,134 00) (131,028.52)68.75 (190,594 0o) Page 29 Staff Report F2009-45 regarding Financial Report. File: F0... Page 314 of 405 2009.07.22 6.3 9050 MUNICIPALITY OF BAYHAM General Ledger Annual Department Budget vs. Actual Comparison Report Fiscal Year 2009 - From Period 1 To Period 10 Ending OCT 31 ,2009 30/'10/2009 9:474M 2008 Year Total 2009 Year To Date Ac{ualAccount Description Budget Pct Used Total Budget Gategory: 5??? SOIO PLANNING & DEVELOPMENT Revenue 01-501 0-4120 Sundry Revenue 01-501 0-41 30 Zoning Certificates 0l-5010-4140 Zoning Charges 01-5010-4150 OPA Fees 0'l-5010-4160 Minor Variance Fees 01-5010-4170 Site Plan Fees 01-5010-4'180 Plan of Subdivision Fees 01-50'1041 90 Development Agreement Fees Total Revenue Expense 01-501 0-5100 Salaries & Wages 01-5010-51 10 Statutory Benefits 01-5010-5120 Non-Statutory Benefits 01-5010-5170 Supplies 01 -501 0-5240 Advertising 01-5010-5250 Association & Membership Fees 01-50'10-5310 Legal Fees 01-5010-5320 Postage & Courier 01-5010-5340 Conferences & Seminars 01-5010-5350 Travel 01-5010-5370 Sundry 01-5010-5450 Consulting Fees Total Expense Dept Excess Revenue Over (Under) Expenditures 123.00 1,505.00 17,036.94 (1,000.00) 0.00 0.00 2,000.00 0.00 0.00 75.25 141.97 (50.00) 0.00 0.00 100.00 0.00 0.00 2,000.00 12,000.00 2,000.00 3,000.00 4,000.00 2,000.00 500.00 19,664.94 77.',t2 25,500.00 43,560.58 3,980.85 7,648.27 0.00 2,850.48 320.00 8,659.50 192.69 0.00 190.80 000 17,495.1',! 81.83 67.98 95 78 0.00 63.34 96.97 288.65 96.35 0.00 95.40 0.00 76.07 53,235.00 5,856.00 7,985.00 400.00 4,500.00 330.00 3,000.00 200.00 500.00 200.00 200.00 23,000.00 84,898.28 85.4'1 99,406.00 (65,233.34)88.27 (73,906.00) Page 30 Staff Report F2009-45 regarding Financial Report. File: F0... Page 315 of 405 2009.07.22 6.3 9050 MUNICIPALITY OF BAYHAM General Ledger Annual Department Budget vs. Actual Comparison Report Fiscal Year 2009 - From Period 1 To Period 10 Ending OCT 31,2009 30/10/2009 9:474M Account Description 2008 YearTotal 2009 YearTo Date Actual Budget Pct Used Total Budget 5012 BUSINESS & COMMERCE Revenue 01-50124170 Lease Revenues Total Revenue Expense 01 -50'12-5210 Utilities 01 -501 2-5240 Advertising 01 -5012-527 0 Beautification Total Expense Dept Excess Revenue Over (Under) Expenditures 1,200.00 1'16.50 1,030.00 1,200.00 1 16.50 1,030.00 2,'182.83 3,200.00 (e82.83)45.29 (2,170.00) 0.00 352.72 1,830.11 0.00 176.36 73.20 500.00 200.00 2,s00.00 Page 31 Staff Report F2009-45 regarding Financial Report. File: F0... Page 316 of 405 2009.07.22 6.3 9050 MUNICIPALITY OF BAYHAM General Ledger Annual Department Budget vs. Actual Comparison Report Fiscal Year 2009 - From Period 1 To Period 10 Ending OCT 31 ,2009 30/10/2009 9:474M 2008 Year Total 2009 Year To Date ActualAccount Description Budget Pct Used Total Budget 5015 TOURISM & MARKETING Revenue 01 -5015-41 10 Grants & Subsidies 01-5015-4120 Sundry Revenues 01-5015-4170 Lease Revenues Total Revenue Expense 01-501 5-5100 Salaries & Wages 01 -5015-51 10 Statutory Benefits 01-5015-5210 Utilities 01-5015-521 5 lnterpretive Centre Operations 01-5015-5230 Brochures 01 -501 5-5240 Advertising 01-5015-5245 Promotional ltems 01-5015-5250 Associations & Memberships 01-5015-5260 Festivals 01 -501 5-5270 Beautification 01-5015-5290 Beach Maintenance 01-5015-5340 Conferences & Seminars 01-5015-5350 Travel 01-5015-5370 Sundry 01-5015-5600 Special Projects Total Expense Dept Excess Revenue Over (Under) Expenditures 5,975.00 91 .92 6,500.00 34,237.67 72.76 47,055.00 (28,262.67)69.69 (40,555.00) 2,500.00 1,075.00 2,400.00 71.43 0.00 80.00 3,500.00 0.00 3,000.00 9,703.70 31E.42 5,229.14 2,111.71 1,985.84 6,10270 0.00 350.00 3,184.00 544.32 4,092.09 0.00 15.75 600.00 0.00 1 10.84 000 76.90 53.46 66.1 I 76.28 0.00 77.78 79.60 90.72 51 .15 0.00 0.00 240.00 0.00 8,755.00 0.00 6,800.00 3,950.00 3,000.00 8,000.00 500.00 450.00 4,000.00 600.00 8,000.00 250.00 0.00 250.00 2,500.00 Page 32 Staff Report F2009-45 regarding Financial Report. File: F0... Page 317 of 405 2009.07.22 6.3 9050 MUNICIPALITY OF BAYHAM General Ledger Annual Department Budget vs. Actual Comparison Report Fiscal Year 2009 - From Period I To Period l0 Ending OCT 31 ,2009 30/10/2009 9:474M 2008 Year Total 2009 Year To Date ActualAccount Description Budget Pct Used Total Budget 5O2O ENVIRONMENTAL SERVICES Revenue 01 -5020-41 10 Grants & Subsidies 01-50204140 Tile Drain Charges Total Revenue Expense 01-5020-5100 Salaries & Wages 01-5020-5102 Richmond Water - Wages 01-5020-51 10 Statutory Benefits 01-5020-5120 Non-Statutory Benefits 0'l -5020-51 70 Supplies/Stock 01 -5020-5260 Professional Services 01 -5020-527 O Water Sampling 01-5020-5380 Tile Drain Debt Charges Total Expense Dept Excess Revenue Over (Under) Expenditures 16,551.19 156.08 10,604.00 27,421.05 97 .25 28,196.00 (10,869.86)61 .79 (17,592.00) 10,947.68 5,603.51 218.95 99.99 5,000.00 5,604.00 12,279.87 680.80 1,147.78 't,977.09 0.00 3,895.00 1,837.00 5,603.51 86.72 14,16'1.00 0.00 0.00 73.72 1,557.00 93.08 2124.00 0.00 750.00 389.50 1,000.00 61.23 3,000.00 99.99 5,604.00 Page 33 Staff Report F2009-45 regarding Financial Report. File: F0... Page 318 of 405 Municipality of Bayhrm Capital Budget 2009 Unfin¡nced or Proiect {,ctual to Date Reserve Alloc Budset Notes Revenues Source to,t2s I 12,000 spol 15 iale S{ teplSl computer fesewe10,150 Vehicles - Pumoer/rescue uil 328.448 330.675 I 10.00(ire aDDilatus res Buildine - Port Bwell Station I zs,ooo - Straffordville Hall eledctrical t0.123 l,laior Eouinment Renewal ?asers (10)4,913 I 1.000 4.9t3 ùe com eouD res ìadios 4.61t 4.03(tre com equD res -Jgtum St qlC4dils/pqggß Bunker Geæ -s'.t5 Containment Device Equipment Purcbase - Pickup Truck - Sweeper for loader - Tractor Mower - Hot Patcher -l¡gqc!bo¡ gpli! rylth w/ww - sale ofeguipment Asphalt Projects - Eden/Schafer intersection - Alwrd Street - Green Line (sections) - Jackson Line west (sections) - Newton Sfeet (Milton to Victoria) Gravel Projects - Tollgate (Light to Tumel) - ¡4uT4y (T.elÞot t9 E4Ð - Somers (Eden to south end) - Owl Cage Line (culvert) Tar & Chip Resurface - Bogus Road (Light to Calton) - Best (Cdloden to Talbot) \ew Tar & Chip Surface - Mitchell Road (Jackson to Herilge) - Tollgate (Calton to Light) - Light Line (complete 2008) Othe¡ - Guud raits (700 ft) - Works Building - Salt Contaiment Shed - Cæson Bridge I ) tJJ29. 21],70j, 92,118' 2,21411 l il 32,926 26,'.t'.t0 l 3,0611 ?1.þ]!. ?t431. 6,629 28,tq\, 29,210, t66,!l! 78,509 'ìs 'ìt7 7,495 2't,970 t45,689 2s2 30,000 16,000 70,000 25,000 3,333 30,000 25,000 30,000 30,000 30,000 io,goo l9,qqs 30,000 322000 50,000 90,000 60,000 10,000 15,000 25,000 180,000 15,728 2t,708 92,311 2,214 2,17 5 80,000 24,647 3 1,043 25,000 46,000 44,353 rd equip rgq ¡d 9q_lip .!! rd equip res road construction res road construction res road consÍuction res unexpended 2008 infra resewe gas tax feserve lidew¡ll¿s 30t10t2009 Staff Report F2009-45 regarding Financial Report. File: F0... Page 319 of 405 Municipality of Bayham Capital Budget 2009 Proiect New Acturl to D¡te Reserve Alloc Budset Notes ReYenues Source 20,00c Itreet Li¡hfs - new lishts 13.663 10,00c - nil ms æ reouired t0.00c Hydrant Replacement 3,800 Cub StopiRod Replacement 6,000 main water valve replacement s,940 2,214 262,160 35,000 otters edse meter reDlacement 6_000 5,94(uater reserue enders trench box - solit between water-\¡ra 3.33 Infrâstruchfe Droiect 2.162-84 45( - hench box -- snlit between water-m 2.214 3.333 2.214 ieweÍ reserue - nrrmo rebuikls t 3.596 20.00c 4,86t tewer reserue - stoooers fo¡ manholes in flood area 7,290 t5-00c 1.29(¡ewer reserye - Union St oumo station reDairs 9.688 10,00c 9.68t ¡ewer reserve - valve âchntor reDlâcemenl 3-704 ó.00c 3,704 rewer reserue - UV rebuild 17,77t 22.004 17,715 ie\{er reserve - Black Bridse mâin 32,000 - air blower rebuilds s.92t 3,600 s.921 ¡ewer reserve - hvdro srse Drotection at Dlmt t5.000 - enerry consumnfion shrdv 5.800 - biosolids manaeement Dlan 2,504 - Cnntinc mexpended 08- septqgg¡ecglyqrgfagllily î 490,372 251,71( - Car Dort. soffit 10,000 Play ground equipment 40,000 29771 I 2,977 læk res û¡nd 30,000Vienna Buildine StraffBlds roof 10.350 - Guysboro 1,093 l 17.900Ec Dev - Sipns - Wind Tower Kiosk 1-30C 30n0t20w Staff Report F2009-45 regarding Financial Report. File: F0... Page 320 of 405 Municipality of Bayham Capital Budget 2009 Proiect {ctual to Date Reserve Alloc Budset Notes Revenues Source Asset Mmâsement 14.873 I 650 8.653 îÔMRIF Offcial Plan review l3_540 5.000 Zonine reYiew l0-00( - Sewer caoacitv studv t.417 r,411 sewef reserve - SCC- Enersv cons Studv. initiatives 7.50( - VCC, chairs 3.41 1.50(lhairs & tables VCC, paint main hall 6-00( Cemeterv 3.026 5,00(unexpended 08 Culhral Plm Comoletion 2.461 - Edison museum buildins desim 5,000 - Beach parking baniers - Beach oroiects ie oath - Picnic Tables ll5)/beach ecuioment 2.278 2.60( - Feasibilitv shrdv aoolication 6,287 LPRCA soecial oroiect 7.886 7,88( - New Drainaqe works 4,874 r 9.30(4.874 ,¡nexpended 08 - Moore Bridse 864 - Enviromental assess (Fabco)9,289 t.962.187 0 4.314,974 84737n Staff Report F2009-45 regarding Financial Report. File: F0... Page 321 of 405 Proicct Actual to D¡te Budeet Cash Requirements 2008 Budget 219,943 2,000 3,000 Notes 10,780 2 l 5,856 10,493 Revenues - Reserve for Working Capital - Trfto Comp. Reserve - Apparatus Reserve allocation - Annual Remtmeration reserve - Building renewal resewe - Major equipment reservè - Vehicle Reserve - Vehicle Resewe - Gas Tax Reserve - Equipment Reserve - Road R.econstruction Reserve - Meter Changeover - new connections - Trail Improvements (resewe) - Park Improvements - Playground Equipment - Reserve - Reserve - Building Renewal Resewe 2,300 Friends ofEdison - donation Staff Report F2009-45 regarding Financial Report. File: F0... Page 322 of 405 Proicct Actual to Date Cash Requirements 2008 Budget t0,626 1,103,500 19,127 donations 523,580 Revenues Notes TOTAL Staff Report F2009-45 regarding Financial Report. File: F0... Page 323 of 405 TI{E CORPORATION OF THE MI]NICIPALITY OF BAYTIAM STAFF REPORT TO: Mayor & Members of Council DATE: October 28,2009 FROM: Lynda Millard, Clerk FILE: F18 / R01 SUBJECT: Scarborough'sSurveyMapRestoration NUMBERzC2009-027 Purpose To provide Council with a recommendation for reproduction of Scarborough's Survey of Middlesex and Elgin Counties dated 1910. Background In April 2009, Scarborough's surveymap of Middlesex and Elgm Counties, donated by Vane Chute, former Reevs,, was approved for restoration by Mary Gladwin, Archivist, Oxford County. Restoration of the map was completed in Septernber and has been hung in Council Chambers. At the time the map was donated, it was suggested that it be reproduced and copies sold at the 2010 Intemational Plowing Match being held in Elgin County. It has been difficult to obtain competitive quotes due to the size, being too large for most scanners. It is believed the Aylmer Express will be able to carry out the necessary work to proceed with reproduction reduced from the 40" x 40" to 28" x28" size. The cost to produce a black and white proof will be $200 - $300. A proof is suggested to ensure the map will reproduce with sufñcient clarity and ease of reading. Should the map be suitable, additional copies can be ordered at a cost from $1,370 to $1,715 for 250 to 1,000 copies. Staff Comments It is suggested that staffbe authorized to proceed with the proof and, if suitable, reproduction of at least 500 colour copies, at ar avøage cost of $3. per copy. As there seems to be a very limited number of these maps in the Middlesex-Elgin community, it maybe a good sale item for the IPM in 2010. Proceeds couldbe designated to the new Edison Museum building. Staff Report C2009-027 regarding Scarborough's Survey Map Re... Page 324 of 405 Recommendation: *TIIAT Staff Report C2009-027 be received; AND THAT Staff be authorized to proceed with the proof of Scarborough's map of Middlesex and Elgin Counties and, if suitable, reproduction of 500 colour copies; AND TIIAT proceeds be donated to the new Edison Museum facility.D Goal # I Goal # 3 Goal# 4 Goal # 6 Respectfully submitted Practice responsible financial management Create a positive business atmosphere Be dedicated to service excellence Provide and encourage attractive lifestyle choices Reviewedby Lynda Millard Staff Report C2009-027 regarding Scarborough's Survey Map Re... Page 325 of 405 Correspondence from the Town of Aylmer regarding "Doors Open... Page 326 of 405 Correspondence from the Town of Aylmer regarding "Doors Open... Page 327 of 405 Correspondence from the Town of Aylmer regarding "Doors Open... Page 328 of 405 TO: Mayor & Members of Council FROM: Kyle Kruger, Administrator SUBJECT: Employee Training Program DATE: October 27,2009 FILE: TIO* NUMBER: H2009-10 Purpose This report is to provide a proposed Employee Training Program for consideration. Bacþround The Occwational-Health and Safety Act requires that employers provide information, instruction and supervision to workers to protect the health and safety of the worker. To that goal, the Municipality currently has a general Health and Safety Policy Statement adopted by Council that applies to all staff excepting the Fire Department (that department has a separate policy). One of the key concepts under that policy is to comply with the spirit and intent of the OH&S Act. In addition, the Municipalþ of Bayham Strategic Plan identified the preparation of a training needs assessmenlprogram delivery plan as a strategic priority. Staff Comments Staff initiated a review of current training programs and requirements for each department and employment category (ie: summer students etc). Each department reviewed its service areas and appropriate training requirements. The draft list was also reviewed and finalized by the Joint Health and Safety Committee. Attached therefore is the proposed Employee Training Program. It should be highlighted that the program does not contain all possible training that employees may receive, but rather the minimum to be required. Examples of other training not listed would be special project training such as municipal elections seminars, and detailed requirements such as annual requirements for water/wastewater staff to maintain required certification, the content of which can vary from year to year. Strategic Plan Goal(s) GoaI#4 - Be dedicated to service excellence. Recommendation THAT the Employee Training Program as outlined in Report H2009-10 be adopted. Staff Report H2009-10 regarding Employee Training Program. ... Page 329 of 405 Municipality of Bayham Staff Report H2009-10 regarding Employee Training Program. ... Page 330 of 405 INDEX Topic Bacþround Purpose Program Roles and Responsibilities Employee Minimum Training Requirements Appendix A Page 3 3 3 3 4 5 Staff Report H2009-10 regarding Employee Training Program. ... Page 331 of 405 Bacþround The Municipality of Bayham is a lower tier government situated in rural Southwestern Ontario. The Municþalityprovides local services and products to approximately 6750 residents. The Municipality employs approximately twenty-two regular fulI time employees and an additional thirty-seven volunteer firefighters. In addition the municipality employs approximately six to eight students on a seasonal basis to perform public works and museum duties. The Municipality has established a Health and Safety Policy dedicated to operatin g at a standard, which will establish our municþality as a leader in promoting and protecting the health and safety of all employees. Througþ active leadership and support the municipality's goal is to promote attitudes amongst our employees that will ultimately lead to the reduction and elimination of worþlace hazards and reduction of work place injuries. The Occupational Health and Safety Act prescribes an employer shall provide information, instruction and supervision to a worker to protect the health and safety of the worker and take every precaution reasonable in the circumstances for the protection of the worker Purpose The purpose of this fraining program is to establish an effective training program to promote and protect the health and safety of all employees. Intent The intent of the training progr¿tm is to identifr employee minimum training and education requirements relevant to his/her duties and responsibilities in the course of him/her carrying out tasks and assignments associated with those duties and responsibilities. The Municipality's Fire Deparbnent has established a health and safety program and raining program for all firefighters. This program does not apply to fire deparrnent personnel. Program Roles and ResponsibÍlities (.Administrator" - overall administration of the Municipality of Bayham Training Program. Ensures Deparbnent Heads provide appropriate hainingprogr¿tms to employees. "Deparfment Head" - includes Fire Chief; Manager, Public V/orks; Treasurer; Clerk; Deputy Clerk; Chief Building Official, Water/IVastewater Superintendent. The Dqrartrnent Head shall be Staff Report H2009-10 regarding Employee Training Program. ... Page 332 of 405 responsible for ensuring staffunder their direct supervision are trained and educated in performing tasks and duties assigned to an employee. For example, an enrployee required to operate a bacLr*roe must be trained in the operation and safety of operating a backhoe. "Health and Safety Policy" - means the most recent Health and Safety Policy as adopted by Municipal Council. *Joint llealth and Safety Committee" - will be responsible for updating the taining program on an annual basis. "Supervisor" - aÍry employee may be considered a supervisor as per the definition under the OHSA. A supervisor shall ensure that any employee performing a task or duty is trained and educated in performing such a task or dutybefore permitting the employee to perform such task. Employee Minimum Training Requirements Appendix "4" outlines the minimum training requirements for employees in the different departments within the municipality. Frequency of üaining is also prescribed for each area of training. Staff Report H2009-10 regarding Employee Training Program. ... Page 333 of 405 Summer Sfudenfs - Public Works & Museums Training lnitial TraininE Refresher Training Facilitator Public Works )rientation Yes No Municipal Program larassmenUDiscrim ination Yes 5 Years Municipal Program lustomer Service Yes 5 Years Municipal Program úÚHMIS Yes Yearly MHSAO 3onflict Resolution Yes 5 Years Municipal Program 3PRÍFirst Aid Yes As Required Red Cross or St. Johns lractor Operation Yes No Municipal Program )TO Training Yes No Municipal Program -awnmower Yes No Municipal Program Driver Traininq Yes No Municipal Proqram fraffic Control Yes No Municipal Program -ifting/ Trips Falls Yes No Municipal Program r1/eed Eater Yes No Municipal Program ixtreme Weather Yes No Municipal Program )efensive Driving Yes No Municipal Program lommunications Yes No Municipal Program )ainting/Oil Based Yes No Municipal Program -adders Yes No Municipal Program Pests/Poison lvy Yes No Municipal Program llluseum Students )rientation Yes Annual Municipal Program {arassmenVDiscrim ination Yes Annual Municipal Program lustomer Service Yes Annual Municipal Program /VHMIS Yes Annual MHSAO CPR/First Aid Yes Red Cross or St John's tifting/ Trips, Falls Yes Annual Municipal Program femperature/Relative Tumiditv Yes Annual Municipal Program )est Control Yes NA Municipal Proqram fiorkino Alone Yes NA Municipal Proqram lonflict Resolution Yes Annual Municioal Prooram ncidenVAccident Reoortino Yes Annual Municipal Proqram fime Sheets / Reoortino Yes Annual Municipal Program lick Time Yes Annual Municipal Program \ccessibilitv Traininq Yes As Required Municipal Program Staff Report H2009-10 regarding Employee Training Program. ... Page 334 of 405 WaterlWastewater Training lnitial Traininq Refresher Training Facilitator lrientation Yes NA Municipal Program {arassmenUDiscrim ination Yes 5 Years Municipal Program lustomer Service Yes 5 Years Municipal Program /VHMIS Yes Annual MHSAO Sonflict Resolution Yes 5 Years Municipal Program lPFi/First Aid Yes As Required Red Cross or St. Johns lraffic Control Yes 3 Years MHSAO frenching Yes 3 Years MHSAO -oader/Backhoe Yes 5 Years Ground Force )river Trainino Yes 5 Years Municioal Prooram lonfined Space Yes 3 Years MHSAO -ifting/ Trips Falls Yes 5 Years Municipal Program ixtreme Weather Yes 5 Years Municipal Program 3asic Electrical Safety Yes 5 Years MHSAO Safe Sampling & Handling Yes 3 Years XCG or WCWC )efensive Driving Yes 5 Years MHSAO lommunications (Radios)Yes 5 Years Municipal Program =uelling of Vehicles Yes 5 Years OGRA -adders Yes 5 Years MHSAO \ccessibility Training Yes As Required Municipal Program Staff Report H2009-10 regarding Employee Training Program. ... Page 335 of 405 Public Works Training lnitial Traininq Refresher Training Facilitator )rientation Yes NA Municipal Program Harassm enUDiscrim ination Yes 5 Years Municipal Program 3ustomer Service Yes 5 Years Municipal Program úVHMIS Yes Annual MHSAO 3onflict Resolution Yes 5 Years Municipal Program 3PRÍFirst Aid Yes As Required Red Cross or St. Johns )TO - Tractors Yes 5 Years Municipal Program -awnmowers Yes 5 Years Municipal Program )river Traininq Yes 5 Years Municioal Prooram lhainsaw Yes 5 Years cccA -iftingi Trips Falls Yes 5 Years Municipal Program ìnowplow Yes Annual Ground Force fraffic Control Yes 5 Years MHSAO Extreme Weather Yes 5 Years Municipal Program frenching Yes 5 Years MHSAO Loader Yes 5 Years Ground Force Forklift Yes 5 Years NP -ifting Devices Yes 5 Years Municipal Program -adders Yes 5 Years Municipal Program )efensive Driving Yes 5 Years MHSAO ì,adios\Cell Phones Yes 5 Years Municipal Program 3rader Operations Yes 5 Years Ground Force 3ackhoe Yes 5 Years Ground Force 3ulldozer Yes 5 Years Ground Force /úelding Yes 5 Years Ground Force =uelling of Vehicles Yes 5 Years Municipal Program fforking Alone Yes 5 Years Municipal Program \ccessibility Training Yes As Required Municipal Program Staff Report H2009-10 regarding Employee Training Program. ... Page 336 of 405 Training lnitial Training Refresher Training Facilitator f,rientation Yes NA Municipal Program Sonstruction Site Safety Yes 3 Years [renching Awareness Yes 5 Years MHSAO lonfined Space NA NA NA lonflict Resolution Yes 5 Years Municipal Program )river Training Yes 5 Years Municipal Program lustomer Service Yes 5 Years Municipal Program CPFI/First Aid Yes As Required Red Cross or St Johns i/VHMIS Yes Annual MHSAO uelling of Vehicles Yes 5 Years MHSAO HarassmenUDiscrim ination Yes 5 years Municipal Program Ergonomic Assessment Yes As Required O/S Agency -ifUTrips/ Falls Yes 5 years Municipal Program r1/orking Alone Yes 5 years Municipal Program Radios / Cell Phones Yes 5 years Municipal Program lonfined Space - Awareness Yes As Required MHSAO \ccessibility Training Yes As Required Municipal Program Office Staff Training lnitial Training Refresher Training Facilitator )rientation Yes NA Municipal Program lustomer Service Yes 5 Years Municipal Program lonflict Resolution Yes 5 Years Municipal Program 3PRfFirst Aid Yes As Required Red Cross / St Johns HarassmenVDiscrim ination Yes 5 Years Municipal Program ¡r/HMIS Yes Annual MHSAO -ifting/ Trips, Falls Yes 5 Years Municipal Program irqonomic Assessment Yes As Required o/s Agency TBD Sash Handlinq Yes 5 Years Municipal Program ladios / Cell Phones Yes 5 Years Municipal Program \ccessibilitv Traininq Yes As Required Municipal Program Staff Report H2009-10 regarding Employee Training Program. ... Page 337 of 405 B Enforcement Training lnitial Training Refresher Training Facilitator )rientation Yes NA Municipal Program lustomer Service Yes 5 Years Municipal Program lonflict Resolution Yes 5 Years Municipal Program lPFi/First Aid Yes As Required Red Cross / St Johns HarassmenVDiscrim ination Yes 5 Years Municipal Program úúHMtS Yes Annual MHSAO -ifting/ Trips, Falls Yes 5 Years Municipal Program lrgonomic Assessment Yes As Required O/S Agency TBD )roperty Standards Officer lerfific¡tion Yes As Required OPSOA Municipal Law Enforcement )ffìcer Certification Yes As Required MLEOA Self Defense / lnspection Safetu Yes As Required MLEOA Driver Trainino Yes 5 Years Municipal Program uellinq of Vehicles Yes 5 Years MHSAO rÂ/orkino Alone Yes 5 Years MLEOA Radios / Cell Phones Yes 5 Years Municioal Proqram \ccessibilitv Trainino Yes As Required Municioal Prooram 9 Staff Report H2009-10 regarding Employee Training Program. ... Page 338 of 405 CORPORATION OF THE MUNICIPALITY OF BAYHAM STAX'F MEMORAI\DTIM TO: Mayor & Members of Council FROM: Kyle Kruger, Administrator SUBJECT: Request from Mayor Habkirk - Physician Assistance DATE: October 30,2009 FILE: a\3 This memo is to forward a request from Aylmer Mayor Bob Habkirk regarding physician assistance received by email October 29th,2009. The following was sentto Bayham, Malahide and Central Elgin: For East & Central Elgin Councils consideration Kindly note the email below, in a consequent discussion with Claudia, I am familiar with this Physician and she is a local woman having been raised in Bayham. She is finishing her residency in Thunder Bay and will be doing her final four week elective in Aylmer with the Family Health Team starting in early December. She will continue to do locum work with the FHT and she is finished in May and will hopefully become a member of the East Elgin FHT at some point. The immediate action required is for allfour Municipalities to kick in 5250 each forthe December rent to get her here and ready to work. Kindly ask your Councils to endorse this action as we all work together for the health of our Communities and strengthen our East Elgin Family Health Team. Any further actions would be requested separately if needed. Thank you ßo6 3{a6LtrÊ. Jvlayor lown of Ayfmer From: Claudia Mior-Eckel Sent: Sunday, October 25,2009 To: Mayor Subject: physician doing electíve and locum in aylmer Hi Bob. I just received an email from a physician who will be doing her last elective with us in December and then wants to do locum work with us. She is asking for housing (the house I found to rent) to be provided as it was in the last several towns she worked in. She said those towns included Chatham-Kent, Grimbsy, Niagara region, New Liskeard. The cost will be approximately $1000. Are you able or interested in contributing to the cost of the housing for December? Let me know. I will need to secure it soon. Claudia Staff Memorandum regarding Request from Mayor Habkirk - Phys... Page 339 of 405 MINUTES Baþham Community Centres Committee Bavham Municipal Office Committee Room 9344 Plank Road, Straffordville ON Thursday October 29, 2009 lF3æktfÉ"'s 7:30 p.m. Present: Chairman / Councillor'Wayne Casier, Councillor Ed Ketchabaw, Straffordville Lions Club representative Roy Stewart, Vienna Lions Club representative William Gheysen, Member atLarge Diane Squires and Secretary Lynda Millard. Absent: Member atLargePaul Ens, Vienna Community Centre Manager Jackie Bootle and Bayham Community Centre Manager Jackie Declerq 1. Call to Order The Chairman called the meeting to order at7:40 pm. 2. Disclosure of Pecuniary fnterest and the General Nature Thereof None 3. Minutes of the meeting held September 24,2009 Moved by Ed Ketchabaw Seconded by R Stewart "That the minutes of the meeting held September 2412009 be approved as cÍrculated." Caried 4. Business from Minutes The Secretary reported that the Health & Safety matter - the north-east step/loading dock to barlkitchen railing and gate have not been completed. The pipes for the railing are again missing at the Bayham hall. No action has yet been taken regarding an opener / closure for the handicap washroom door at Straffordville. 5. Reports & Correspondence (a) Managers 2009 updated Rental Reports (i) Vienna (ii) Straffordville -Not available MovedbyWm Gheysen Seconded by D Squires "That the Manager's Rental Report for Vienna be received for information." Carried (b) 2009 Operating Budgets to October 27109 Moved by R Stewart Seconded by \Mm Gheysen "That the operating budgets to October 27r2009 be received for information." Carried Bayham Community Centres Committee draft minutes of meeting ... Page 340 of 405 (d) (c)Staff Report CC2009 -36 regarding Floor Refinishing Straffordville Moved by R Stewart Seconded by D Squires 'rThat the Bayham Community Centres Committee approves the price quote to sand bare and recoat the floors with four coats of Duraseal Polyurethane Sport finish at the Straffordville halt in the amount of $9,500 plus GST, submitted by ABC Floor Sanding, subject to provision of proof of liability insurance coverage in the amount of $210001000, proof of WSIB coverage as applicable, and compliance with requirements of all applicable legislation including the Occupational Health and Safety Act; And That the work be completed between January 6th and 25thr2010 allowing suilicient time for adequate curÍng." Carried Request from Kristen McCord for consideration of fee adjustment and arrangements for Martial Arts classes at Vienna. Moved by D Squires Seconded by E Ketchabaw "That the Bayham Community Centres Committee recommends to Council that a rental rate of $35 per weekly session be set for the Martial Arts Canada group at the Vienna Community Centre; And That By-laws to further amend rates and fees By-law 2005 - 102 and to amend the janitorial contract with Ramona Peidl accordingly, be prepared for Council's consideration.tt Carried (e) Request from Chairman Casier to discuss options regarding heating costs at the Straflordville hall. Discussion regarding methods of reducing heating and cooling costs included:. hiring an Engineer,. lowering the ceiling,. addition of insulation to the ceiling and sidewalls,. removing the electric baseboard units and installing a rooftop unit to supply the upper room, washrooms, Lions Den, front hall and cloakroom. Other concems for consideration include replacement of the roof and installation of an elevator. Moved byV/m Gheysen Seconded by R Stewart "That the Community Centres Committee recommends that Council make the asset mânagement assessment and review a priority for the Straffordville hall." Carried Bayham Community Centres Committee draft minutes of meeting ... Page 341 of 405 6. Concerns from Committee Members and/or Managers None 7. Other Business The Secretary advised of customer service training and invited members to attend on Tuesday, November 23ñ at 7:00 p.m. 8. Next meeting date and adjournment MovedbyE Ketchabaw Seconded by D Squires "That the meeting be adjourned at 8:58 p.m., to meet again on January 2812010 at the Bayham Municþal office in Straffordville at7z30 p.m., or at the call of the Chairman." Ca¡ried Chairman Date approved: Bayham Community Centres Committee draft minutes of meeting ... Page 342 of 405 THE CORPORATION OF TIIE MUNICIPALITY OF BAYIIAM BY-LAW 2009-124 BEING A BY.LAW TO FTJRTHER AMEND BY.LAW 2OO5-IO2 IMPOSING RATES AND F'EES WHEREAS the Municipal Act S.O. 2001, Chap. M.25 as amended provides that the Council of a local Municipality may by by-law, impose specific rates and fees to be charged for municipal services. AND WHEREAS the Council of the Corporation of the Municipality of Bayham did by By- law 2005-102 adopt a schedule of rates and fees for municþal services; AND IYIIEREAS the Council of the Corporation of the Municþality of Bayham did by By- law 2008-024 and2009-104 amend the schedule of rates and fees for municipal services AND WIIEREAS the Council of the Municipality of Bayham now deems it expedient to further amend By-law 2005-102 in regard to the Bayham Community Centre; AND WIIEREAS the Council of the Corporation of the Municipality of Bayham deems it necessary to further amend the schedule of rates and fees for such services; AND WIIEREAS Council is desi¡ous that adoption of such amendment be by by-law; THEREFORE TITE COTJNCIL OF THE CORPORATION OF TIIE MTJNICIPALITY OF BAYIIAM ENACTS AS FOLLOWS: 1. TIIAT By-law 2005-102, Schedule "A", as amended, be further amended to include the following under Community Centre Rental Fees Vienna: tr Martial Arts program all renters $ 35 per 2-3 hour evening schedule. 2. THAT effective upon final passing of By-law 2009-124, the Schedule of Rates and Fees set out in Schedule "A" attached to By-law 2005-102, as amended, shall remain in effect until further amended or rescinded. 2. AND THAT in all otherrespects ByJaw 2005-102 be hereby confirmed. READ A FIRST, SECOND A}[D TIIIRD TIME AND FINALLY PASSED THIS 5TH DAY OFNOVEMBER 2009. MAYOR CLERK Bayham Community Centres Committee draft minutes of meeting ... Page 343 of 405 THE CORPORATION OF THE MI]NICIPALITY OF BAYHAM BY-LAW NO.2009-125 A BY-LA\M TO AMEND BY-LA\M 2009.024 BEING AN AGREEMENT \ilITH RAMONA PEIDL FOR THE PROVISION OF JAI\ITORIAL SERVICES AT THE VIENNA COMMUNITY CENTRE WHEREAS the Council of the Corporation of the Municipalþ of Bayham did pass By-law 2009-024 on March 5, 2009 authorizing the Mayor and Clerk to execute an agreement with Ramona Peidl for the provision of janitorial services for the Vienna Community Centre owned by the Municipality of Bayham; AND \ilHEREAS the Council of the Corporation of the Municipality of Bayham and the contractor are desirous of amending this contract; NOW THEREFORE THE COTJNCIL OF THE CORPORATION OF THE MT]NICIPALITY OF BAYIIAM ENACTS AS F'OLLOWS: 1. TIIAT the Agreement for janitorial services between the Municipality of Bayham and Ramona Peidl be amended as follows to add: Vienna Community Centre cleaning of the Main Upper Hall following once weekly Martial Arts Activity at a cost of $26; 2. TIIAT all terms and conditions of the original agreement remain in fuIl force and effect; 3. THAT this by-law shall come into full force and effect upon final passing. READ A FIRST, SECOND AND THIRD TIME AND F'INALLY PASSED TIIIS sTH DAY OT'NOYEMBER 2009. MAYOR CLERI( Bayham Community Centres Committee draft minutes of meeting ... Page 344 of 405 MUNICIPALITYOF BAYHAM MEMORANDUM DATE: NOYEMBER 2' 2009 TO: Council FROM: LYNDA MILLARD, Clerk RE: January 2010 Meeting Schedule NUMBER: C2009-73 Background In previous years, Council has agreed to reschedule the regular January meetings and hold orriy orr" -."tirrgin January. f'oi ZO1O that one meeting would be held on January 14ú. A resolution is required to ttrat ef[ect. Recommendation ,'TIIAT the regular Janaary 2070 Councíl meetìngs be rescheduled to allowfor one meetíng only on Thursday January 14' 2009 øt 7:00 p-m," Staff Memorandum C2009-13 regarding January 2010 Meeting Sch... Page 345 of 405 Quarterly Report for The Bayham Water Distribution System for the period ending September 30, 2009 Waterworks # 260004748 Section I - lntroduction: This report is a summary of the first quarter's water quality, published in accordance with Ontario's Drinking Water Protection Regulation. lt includes important information regarding the source of water, analytical test results, and how these compare to the standards set by the Province. Section 2 - Comoliance With Provincial Requlations: The Municipality of Bayham water system is operated in accordance with provincial regu lations. The following is the criteria used: . Use of Accredited Labs: Analytical tests to monitor the water quality are conducted by a laboratory audited by the Canadian Association for Environmental Analytical Laboratories (CAEAL) and accredited by the Standards Council of Canada (SCC). Accreditation ensures that the laboratory has acceptable laboratory protocols and test methods in place. lt also requires the laboratory to provide evidence and assurances of the proficiency of the analysts performing the test methods. . Operation by Licensed Operators: The water distribution system is operated and maintained by the Municipalities competent and licensed staff. The mandatory licensing program for operators of drinking water facilities in Ontario is regulated under the Ontario Water Resources Act (OWRA) Regulation 128104. Licensing means that an individual meets the education and experience requirements and has successfully passed the certification exam. Bayham Water Distribution System Quarterly Report for the pe... Page 346 of 405 . Sampling and Analytical Requirements: The Municipality follows a sampling and analysis schedule required by the OWRA Regulation 170103, the Ontario Drinking Water Standards. More information on sampling and analysis, including results are available in this report and from the Municipal Wastewater Treatment Plant. . Adherence to Ministry Guidelines and Procedures: To ensure the protection of the public's health and operational excellence, the Municipality adheres to the guidelines and procedures developed by the Ministry of the Environment and the Ministry of Health. Section 3 - Svstem lnformation: Facility Name: Bayham Water Distribution System Gontact: Municipal Location: Municipality of Bayham Water and Wastewater Superintendent: Ed Roloson ( overall responsible operator ) Water and Wastewater Operators: Bob Butler & Adam Swance Service Area: Port Burwelland Vienna Service Population: 2500 Operationat Description: Bayham Water System is serviced by the Elgin Area Water System. Including the Municipalities of Central Elgin and Malahide. Raw Water Source: Lake Erie Treated Water: Elgin Area Water System Disinfection Method: Gas chlorination at Elgin Area Water Plant Secondary Disinfection Method: The sodium hypochlorite is residual and flow paced at the Pod Burwell Tower and Lakeview Rechlorination Facility. Bayham Water Distribution System Quarterly Report for the pe... Page 347 of 405 Section 4 - Analytical Test Results: Vlicro biological )arameters July August September Quarter Summarv MAC / IMAC lotalGoliform IFU/100mls tlumber of Samples 12 12 12 36 tlumber of )etectable Results 0 0 0 0 vlin / Max Absent ixceedences 0 0 0 0 lesample =ecalGoliform or E-Coli Gount IFU/100mls tlumber of Samples 12 12 12 36 tlumber of )etectable Results 0 0 0 0 Min / Max Absent lxceedences 0 0 0 0 Heterotrophic Plate Gount / Backoround \umber of Samoles 12 12 12 36 \umber of fetectable Results 0 0 0 0 Vin / Max lxceedences 0 0 0 0 Resample Iypical Source of 3ontamination Microbial contaminants, such as viruses and bacteria, may come fron ;eptic systems, agricultural livestock operations, wildlife, and wastewatel :reatment plants. 3omments: Samples are collected weekly from the Port Burwell Works Yard, Port Burwell lVastewater Treatment Plant and in Vienna at the Vienna Home Centre. Bayham Water Distribution System Quarterly Report for the pe... Page 348 of 405 Operational Parameters July August September Quarter summary MAG/IMAC Ghlorine Residual Free Number of Samoles 12 12 12 36 Number of Detectable Results below Reg. reouirements 0 0 0 0 Min/Max 0.57- 1.29 0.68- 1.80 0.72 - 1.51 0.57 - 1.80 0.05 Min. 4.00 Max. Exceedances 0 0 0 0 Comments Operational Parameters July August September Quarter summatv MAC/¡MAC Chlorine Residual Free fdailv I Daily chlorine testing is done at the extremities of Vienna & Pt. Burwell. Number of Samoles 62 62 60 184 Number of Detectable Results below Reg. reouirements 0 0 0 0 Min/Max. mg/l Port Burwell 0.24 -0.54 0.25 - 1.42 0.46 - 1.16 0.24 -1.42 0.05 Min. 4.00 Max. Min/Max. mg/l Vienna 0.21 - 0.55 0.21 - 0.56 0.20 -1.15 0.20 -1.15 0.05 Min. 4.00 Max. Section 5 - Discussion of Analvtical Results: It was found through thorough sampling that there were no adverse results during this time period. Bayham Water Distribution System Quarterly Report for the pe... Page 349 of 405 Parameter Compound MAC or IMAC Trihalomethanes louarterlv) 0.0500 mg/L Port Burwell 0.0450 mo/L Vienna 0.100 mg/L Lead Pb (tested in 2no & 3d ouarter )0 - 1.72 uglL 10 ug/L MAC Section 7 - Definitions and Abbreyiatiensi a a MAC - Maximum Acceptable Concentration. IMAC - lnterim Maximum Acceptable Concentration. Coliform Bacteria - A group of commonly occurring rod shaped bacteria. Their presence in a water sample is indicative of inadequate filtration and/or disinfection. Fecal Goliform Bacteria - Refers to a subgroup of coliform bacteria present in the digestive system of warm blooded animals and humans. Heterotrophic Plate Gount (HPC) - A method of measuring bacterial content in water samples. Also known as Standard Plate Count. Organic Parameter - A group of chemical compounds containing carbon. tnorganic Parameter - A group of chemical compounds not containing carbon. Raw Water - Surface or ground water available as a source of drinking water that has not received any treatment. Bayham Water Distribution System Quarterly Report for the pe... Page 350 of 405 Municlpality of Bayham Daily Process Data Gollection 111212009 1 Facility: Works: Month: Bayham Water Distribution Í2600047 481 - Bayham Water Distribution January-09 to September-O9 CALL INS FOR lst QUARTER 2009 1 l19l2}Og Oper. Highlight 1 l23l2ÛOg Oper. Highlight Details ln-2hours-water at 38 shut off valve for the water meter. Call ln - 2 hours - Erie Vu Trailer Park out of water due to water leak of the service line after the meter chamber. Turned down water valves to reduce water loss. Leak was captured be the meters. Call ln - t hour - Turned back on water for Erie Vu Trailer Park after repair was made. CALL INS FOR 2nd QUARTER 2009 Category There were NO Call lns for the 2nd quarter of 2009. CALL INS FOR 3rd QUARTER 2009 Date Category Details 711912009 Oper. Highlight Call ln - 2 hours - Water leak at 4610 Plank Rd., Port Burwell. lsolated leak to service for repair the next day. Service line shut off. OT - t hour - Vienna Meter Chamber modification. New Valves and by-pass to be installed. OT - t hour - Vienna Meter Chamber modification. New Valves and by-pass to be installed. OT - 2.5 hours - Samples taken from water main shutdown for Vienna Meter Chamber modification taken to lab in London OT - 2.5 hours - Samples taken from water main shutdown for Vienna Meter Chamber modification taken to lab in London 812712009 Maintenance 812812009 Maintenance 8l29l200g Oper. Highlight 8/30/2009 Oper. Highlight B a y h a m W a t e r D i s t r i b u t i o n S y s t e m Q u a r t e r l y R e p o r t f o r t h e p e . . . P a g e 3 5 1 o f 4 0 5 Quarterly Report for The Municipality of Bayham Small Municipal Non-Residential Wells for the period ending September 30, 2009 Straffordville Commu nity Gentre Bayham MedicalCentre Bayham Municipal Office Straffordville Library Straffordville Firehall Eden & Area Gommunity Centre Section I - lntroduction: This report is a summary of the second quarter water quality, published in accordance with Ontario's Drinking Water Protection Regulation. lt includes important information regarding the source of water, analytical test results, and how these compare to the standards set by the Province. Section 2 - Compliance With Provincial Requlations: The well systems listed above are operated in accordance with provincial regulations. The following is the criteria used: . Use of Accredited Labs: Analytical tests to monitor the water quality are conducted by a laboratory audited by the Canadian Association for Environmental Analytical Laboratories (CAEAL) and accredited by the Standards Council of Ganada (SCC). Accreditation ensures that the laboratory has acceptable laboratory protocols and test methods in place. lt also requires the laboratory to provide evidence and assurances of the proficiency of the analysts performing the test methods. . Sampling and Analytical Requirements: Sampling and analysis schedule required by Ontario Regulation 318/08 are fully complied with. More information on sampling and analysis, including results are available in this report and from the MunicipalWastewater Treatment Plant. Bayham Small Municipal Non-Residential Wells Quarterly Repor... Page 352 of 405 . Adherence to Ministry Guidelines and Procedures: To ensure the protection of the public's health and operational excellence, the Municipality adheres to the guidelines and procedures developed by the Ministry of the Environment and the Ministry of Health. Section 3 - Analvtical Test Results: Micro biological Parameters July August September Quarter Summarv MAC / IMAC total Coliform ;ounts/100mls {umber of Samoles 12 12 12 36 tlumber of )etectable Results 0 0 0 0 vlin / Max Absent ixceedences 0 0 0 0 Resample Fecal Coliform or E-Goli Gount :ounts/100mls \umber of Samples 12 12 12 36 \lumber of )etectable Results 0 0 0 0 Min / Max Absent ixceedences 0 0 0 0 lesample Absent 'leterotrophic tlate Gount & 3ackground lount No longer required under new resulatior tlumber of Samples 0 0 0 0 \umber of )etectable Results 0 0 0 0 Min / Max ixceedences 0 0 0 0 Bayham Small Municipal Non-Residential Wells Quarterly Repor... Page 353 of 405 Section 4 - Discussion of Analvtical Results: It was found through thorough sampling that there were no microbiological adverse result during this time period. o Allfacilities are posted non-potable and bottled water is provided. Section 6 - Definitions and Abbreviations: . MAG - Maximum Acceptable Concentration.. IMAG - lnterim Maximum Acceptable Concentration.. Goliform Bacteria - A group of commonly occurring rod shaped bacteria. Their presence in a water sample is indicative of inadequate filtration and/or disinfection.. Fecal Coliform Bacteria - Refers to a subgroup of coliform bacteria present in the digestive system of warm blooded animals and humans.. Heterotrophic Plate Count (HPC) - A method of measuring bacterial content in water samples. Also known as Standard Plate Count.. Organic Parameter - A group of chemical compounds containing carbon.. lnorganic Parameter - A group of chemical compounds not containing carbon.. Raw Water - Surface or ground water available as a source of drinking water that has not received any treatment. Parameter Gompound MAC or IMAC Nitrates No longer required to be tested under new rezulation 10 mg/L MAC Sodium As above 20 molL MAC Bayham Small Municipal Non-Residential Wells Quarterly Repor... Page 354 of 405 Port Burwell Wastewater Treatment Plant Municipality of Bayham Annual Gompliance Summary Year: Worl€ f 3 Populadon SGmd: Dcslgn Avg Flø (mr): 2009 ll000l3l9 2&t0 1060 \L 02 OEMAND NITROGEN SERIES EFFLUËN1 m09 Tôtrl ^vd- Dry ll.r Ds ^vo- Rn lwE Aw. Lo.d Avo. RH Aw-EL lw. Lôtd ^vr- Ëi-lY!- Lâ.d ^vd Ff F Côll DO ôH Fld CEOD CEOD cBoo cBoo s3 ss ss Phd.Phd-Ph6.NH' + NH¡{H, + NH¡Nltnt Nll¡lt Gæ. Mmnlmrl-l lkordel lmrl-l norl-l lkordryl lmqrl.l flqrd.Yl fñorl-l cnt l00ml Januâil 18532 639.O 802 0 1 98-O 124 52 7û ¿-e8 177 A 061 o75 O-¡la t0 3a 4.7, 21725 7ÊO 20 1 247 0 lm qt ^m ã41 mî 6.7(t 520 836 ost o71 211 lm ll m o¡l ,o 5.21 7.27 M.rch aataa 871.1 1na.o tæ.2 95 12 7m 310 a96 7m ârô 3m nm 0.31 3.ø7 3-20 5ll o22 o70 525 727 ^odl na 745 A s20 ls3 121 19 ßm 421 la7 a 9.5(t 7.27 5t9 o3a ß24 1n lm AA'î)2 t.06 5.44 7.21 M.y m¿691.9 1007.0 312.5 216-22 6-50 4-50 11?.5 7m 3ô 475 î?t o.17 0.54 o.3s 7.22 o27 oi2 5S 7ß IG¿A's3 ADî 170 a ø7 i7 am 1¡t 1À1 ¡7.m ,4.09 5.84 o_30 617 î21 î1t toæ o?1 ¡âl 5.56 745 July 1Tn6 571.9 6720 223.8 127.*1û 275 A1.A lû 247 as î1'010 0.1,1 0.08 12 25 o l8 1.56 329 7à 17474 s?a 7 mo 1t9 2 m04 an tÂr fig6 4.tÍt 277 5_80 î27 ola o7t olß AÂI n)a m.13 5.17 1.52 SaDtâmbar 15969 s32-3 544.0 t78.3 9¡l-91 3-50 t -84 l6t-o ¿s 2n ato om 0.36 o17 o-ü¡e29 o r6 l6l 5S tl9 Nryahbar 193.0 12?.46 5-¡A ¿10 att 5-¡5 0.L 9.23 0-30 ¿8t 53 3.67 <15 t5-90 <15 l5_m 200-00 CRITERIA Dæl-Adl5 1060-0 <13 lt-s <15 l3m l-03 <5 3.30 TEETS CôñÊ.ñtatl6n Cdbd¡YF3 YFT YES YES YES YE3 YE3 ôÀrFcffis 1080.0 <10 l0-80 <10 lo-m <ø75 oro t0a t50-00 >5 OBJECTIVES Dæ I -^ort5 10c0.0 <to lo-m lo lom 0t0 <3 !lt ts-00 >5 Rc.¡on¡ for f.llun, Oth.r Pþblm.:Rm.dli Aclld.: Emuut dltch¡rg.lothr Blg OttlrCmk P o r t B u r w e l l W a s t e w a t e r T r e a t m e n t P l a n t Q u a r t e r l y R e p o r t e n d . . . P a g e 3 5 5 o f 4 0 5 Facility: Works: Month: Municipality of Bayham Daily Process Data Collection Port Burwell Wastewater Treatment Plant [110001319] - Port Burwell Wastewater Treatment Plant July-09 to September-09 CALL INS FOR 3rd QUARTER 2009 Details 11t2t2009 1 Call ln - t hour - Received Lo and HiHi Level alarms from Pump Station #1 (Eden). Reset and 7 1512009 Oper. Highlight 7 l12l20Ùg Oper. Highlight 8l9l2oog Oper. Highlight 8/1 5/2009 Oper. Highlight 812412009 Oper. Highlight 8127 12009 Oper. Highlight 9/6/2009 Oper. Highlight 911612009 Oper. Highlight 9l18l2}Og Oper. Highlight 912912009 Oper. Highlight Operational alarms. Call ln - 2 hours - Pump at the East Beach Washrooms not work¡ng. Called in porta-potties. Call ln - t hour -#2 at Pumo Station lf4 out. Reset oumo and Call ln - t hour - Received Emergency Level alarm for Primary Digester at plant. Suspect an issue with SCADA system. Call ln - t hour - Received alarm for SBR #1 Motive Pump which was out of service for repairs. Shut off alarm temporarily until pump is repaired. Call ln - t hour - Received Emergency Level alarm for Primary Digester at plant. Suspect an issue with SCADA system. High Flows (Weather)Power Failure/Outage P o r t B u r w e l l W a s t e w a t e r T r e a t m e n t P l a n t Q u a r t e r l y R e p o r t e n d . . . P a g e 3 5 6 o f 4 0 5 É ii.iEt¡ sf,,s(!r-ëï;-,É;i!¡'å.r\É fçi r +,*ù'f .-€ "]þ'F u r! i¡ua{s'ii TO: Mayor & Members of Council FROM: Kyle Kruger, Administrator SUBJECT: MOE Order - Richmond Water System DATE: October 30,2009 FILE: EÒt Rrctr NUMBERz 82009-12 Purpose This report is to provide initial information regarding an Order to be issued by the Ministry of the Environment regarding the Richmond V/ater System. Background At the request of the MOE, staff met with representatives from the Richmond Water System and the MOE October 20th,2009. At that meeting, the MOE presented a drafr, Notice of Intention to Issue an Order pursuant to the Safe Drinking Water Act. A final Notice of Intention was subsequently received October 30, 2009. Under the authority of that Act, the MOE intends to order the Municipality to take charge of and operate the Richmond well supply and distribution system by no later than January 4,2010. The Order will not only mandate the Municipality to take over daily operations, but also to examine, identifu, and implement solutions for issues surrounding treatment requirements and the raw water source. It is worth noting that the MOE decision to proceed with an order is done in consultation with the local health unit. Staff Comments At the meeting held, staff did express various concerns regarding impacts, including financial impacts on the community and on municipal staffing needs/training. It was noted the municipality currently does not carry out water treatment, and certification of operators for that service would need to be addressed. There was much discussion about the hnancial viability for the various operating costs and capital costs required to arrive at long-term solutions (ie: extension of municipal water, new source water, etc). As the Order is issued, the Municipality will need to put in place the staffing and operational arrangements to operate the Richmond system, and initiate long-term solutions for the treatment and raw water source to address MOE concems (the system is currently under an Advisory). The examination of these solutions will involve significant engineering assistance. The Municipalþ will also be required to undertake significant operational and legislative initiates to meet with requirements for municipal systems, including items such as DWQMS and source water protection under the Clean V/ater Act. Additionally, given the advisory in place and MOE concems, the Municipality should examine other issues such as restrictions on new development for the area. As with the current municipal water system, it would be intended that the costs to operate the Richmond system would be financed by those households serviced. It appears unavoidable to staff that there will be significant increased costs to the approximately 50 households currently serviced by this system. Costs for the examination of long term solutions may be financed by the whole of the Richmond community, depending on the final solution selected. The Notice of Intent issued by the MOE provides that the Municipality has until December 20, 2009 to provide written response (final date may change in the final Notice). Staff note that the authority for the MOE to issue such an Order is quite clear in the Act. The intent of a response would be for the Municipality to outline its activity plans/timing and any other needs to respond to Staff Report E2009-12 regarding MOE Order - Richmond Water S... Page 357 of 405 and comply with the Order. Items such as clarification on liability should also be addressed, given the advisory and MOE concerns. Staff have had an initial meeting with solicitor to discuss the general requirements of a response, and will be drafting a formal response to the final Notice. Additionally, staff will be holding meetings with CUPE representatives to discuss any potential impacts on the current collective agreement, and are examining potential contract operations. Strategic Plan Goal(s) Goal #1 - Practice responsible financial management Goal#2 - Ensure reliable, well maintained and secure infrastructure Goal #4 - Be dedicated to service excellence Recommendation THAT Report 82009-12 be received for information. Staff Report E2009-12 regarding MOE Order - Richmond Water S... Page 358 of 405 1D eA r. j stem F,osf fog October 27,2009 Member Municipalities Elgin Area Primary Water Supply System Re: Notice of V/ater Rate Increase The Joint Board of Management for the Elgin Area Water Supply System approved a 7.0Yorate increase for all municipalities at the Joint Board meeting held on October 1, 2009. The new rate will be in effect on January I,2010. The rate changes from$0.4262 to $0.4560 for all municipalities. Enclosed for your information is a copy of the resolution approving the water rate increase. If you require further assistance, please call me at 661-2500 ext.5274. Thank you, E*j"-B*\^'ñ.J Rick Brown Financial Manager Elgin Area Water Supply System RB/br Correspondence dated October 27, 2009 from Elgin Area Primar... Page 359 of 405 Elgin Area Primary Water Supply System October 2,2OOg P. McNally Chief Administrative Officer Elgin Area Primary Water Supply System Rel 2010 Current Õperatino and Capital Budoets I hereby certiff that the Joint Board of M-anagement for the Elgin Area Primary Water Supply System, at its meeting on October l, 2OOg, résotved: That, on the recommendation of the Chief Administrative Officer, the Elgin Area primary WaterSupply.Joint Board.of l\lanagement take the following actionJwittr reGA io the 2010 CunentOperating and Capitat Budgets: (a) the 2010 Operating Budget in the total amount of g7,893,000 BE APPROVED aspresented; (b) the 2010 Capital Budget in the totat amount of $25,1BB,OOO BE APPROVED aspresented; (c) the 201 1 to 2019 capita! Forecast BE REGEIvED for information; (d) the 2010 rate forwaterof $0.4560 percubicmeter BE AppRovED; and, (e) the 2008 to 2014 Flow and FinancialAnatysis Summary BE REGEIVED for information. Manager of Legislative Services c: A. Henry B. Rennie !!-Sin fç9 Primary Water Suppty System Offoe 51 9.66 1 :25UJ ext. 2T 14 Fax519.474.M51 ahenry@london.ca htþ://raralers u pply.london.æl c/o The Oity of London Regional Water Supply Division 29 Kihrorth Park Drive RR#5 Komoka, Ontario NOL IRO Correspondence dated October 27, 2009 from Elgin Area Primar... Page 360 of 405 THE CORPORÄTION OF THE MT]NICIPALITY OF BAYHAM BY-LAW 2009471 Being a By-law to Regulate and Control Animals WHEREAS Section l l, of the Municipal Acl, S.O. 2001, c.25,as amended, authorizes local municipalities to pass by-laws respecting matters with Health and Safety and wellbeing of persons and matters respecting animals; AND \ilHEREAS the Council of The Corporation of the Municþality of Bayham deems it desirable to pass a byJaw regulating or prohibiting the being at large or trespassing of animals, provide for the seizure and impounding of animals being at large or trespassing contrary to the byJaw and for the sale of impounded animals; NOW TIIEREFORE, the Council of The Corporation of the Municipality of Bayham enacts as follows: SHORT TITLE: This By-law may be cited as the "Animal Control By-law". Part I 1 DEF'INITIONS: In this By-law, 1.1 íAnimal" means any member of the animal kingdom other ttran a human, but does not include dogs, cats or fish; 1.2 "By-law Enforcement Officer" means an officer or designate, who is appointed by Council and whose duties include the enforcement of this Bylaw; 1.3 "Corporation" shall mean The Corporation of the Municipality of Bayham; ' 1.4 "Council" shall mean the Council of The Corporation of the Municipality of Bayham; 1.5 r.l)wslling Unit" shall mean a single room or series of rooms of complementary use which are located in a building in which food preparation, eating, living, sleeping and sanitary facilities are provided for the exclusive use of the occupants thereof; which has a private entrance directly from outside the building or from a common hallway or stairway inside the building; and in which all occupants have access to all the habitable areas and facilities of the unit. By-Law 2009-071 A By-Law to Regulate and Control Animals Page 361 of 405 Animal Control ByJaw Municipality of Bayham 1.6 "Keep" shall mean owns, possesses or harbours; and "keeps" shall have the s¿tme meaning. 1.7 "Owner" includes a person who keeps, possesses or harbours an animal and where the owner is a minor, the person responsible for the custody of the minor; 1.8 66Pet Shop" shall mean an establishment engaged in the retail sales of animals. 1.g "Pet Shopkeepei" shall mean a person who has the charge, care or ownership of a pet shop. 1.10 "Premises" includes the entire lot on which a single dwelling unit is situate; or a dwelling unit within a multi-dwelling unit building, but does not include c,oÍrmon areas adjacent to a multi- dwelling unit unless those cortmon ateas are completely enclosed. 1.11 "Schedules" means the schedules attached to this byJaw which maybe amended, added to or deleted from time-to-time and which Schedules shall form part of this by-law; 1.12 "Service or companion animal" means an animal is a service animal for a person with a disability(a) if it is a guide dog as defined in section lof the Blínd Persons Rights'Act.(b) if it is readily apparent that the animal is used by the person for reasons relating to his or her disability; or(c) if the person'provides a letter from a physician or nurse confirming that the person requires the animal for reasons relating to the disability. (Accessibility for Ontarians with Dísabilities Act, 2005 - O. Reg. 42917 ss4(8) & (9)) 1.13 '6Urban Area'means any lands designated as "Hamlet" shown on Schedule 41, and lands within the boundaries as shown on Schedules B, C and D of the Official Plan of the Corporation of the Municþality of Bayham. Part? . 2 Classes of AnÍmals Animals shall be ranked according to the classes set out in this Part of this By-law. 2.1 "Class I animal" shall mean cow, goat, all swine and sheep; . 2.2 "Class 2 arljmal" shall mean horse, pony, donkey and mule; 2.3 "Class 3 animal" shall mean chicken, goose, turkey duck, pigeons or other fowl, domestic or otherwise; 2.4 "Class 4 arimal" shall mean homing, pouter, racing or tumbler pigeons; 2 By-Law 2009-071 A By-Law to Regulate and Control Animals Page 362 of 405 Animal Control ByJaw Municipality of Bayham 2.5 "Class 5 animal" shall mean guinea pig, hamster, mouse, rat, rabbit, chinchilla, ferrets and turtle with a shell 20 centimeters (8 inches) in diameter or less; 2.6 "Class 6 animal" shall mean non-venomous snakes, non-venomous lizards and non-venomous spiders; 2.7 "Class 7 animal" shall mean any animal of a tlpe that is normally found in a wild and natural state, whether or not it has been bred and/or raised in captivity and includes but is not limited to bear, wolf, coyoie, crocodile, alligator, bobcat, lynx, mountain lion, cougar, lion, monkey, fox, skunk, kangaroo, eagle, hawk, elephant, weasel, raccoon, venomous lizard, venomous snake, venomous spider, all birds the keeping of which is prohibited in the Endangered Species Act, S.O. 2007, C.6, and regulations thereto and all animals the keeping of which is prohibited in the Fish and Wildlife Conservation Act,1997 andregulations thereto. Part 3 3 Application of By-Iaw Exemptions 3.1 This ByJaw shall not apply to an animal hospital, clinic or boarding kennel operated by a duly qualified veterinarian; where all animals are kept within a brick, stone or concrete building. 3.2 This ByJaw shall not apply to animals maintained in a public park, zoo, fair, exhibition or circus operated or licensed by a municipal or other government authority. 3.3 This By-law shall not apply to those persons or organizations designated by Council as Animal Control Officer, Canine Control Of,ficer and/or Pound Keeper. 3.4 This By-law shall not apply to persons licensed by the Province of Ontario as a Wildlife Custodian and/or Foster Parent for orphaned animals such as squirels, chipmunks, raccoons, opossums, skunks, ground hogs and small birds, excluding hrwks and eagles. 3.5 The right to keqr, harbour or possess a prohibited animal pursuant to this provision expires when the said animal dies or is removed from the premises. 3.6 Section 3.5 shall only apply to a prohibited animal pursuant to this By-law providing the owner registers the prohibited animal with the Municipality on or before December 31,2009. . 3.7 This By-law shall not apply to owners of a Service or Companion Animal. By-Law 2009-071 A By-Law to Regulate and Control Animals Page 363 of 405 Animal Control By-law Municipality of Bayham Part4 4 Prohibited Matters 4.1 No person shall permit an animal to run at large. 4.2 No person shall permit any animal to trespass on any property. 4.3 Notwithstanding'any of the provisions of this byJaw, no person shall keep any animal, the keeping of which is not permitted under any statute of Ontario or Canada. 4.4 No pet shopkeeper shall keep or permit to be kept in any pet shop, an animal of a class, the keeping of which is prohibited by the by-law. Part 5 5 Class l Animal (cow, goat, all swine and sheep) 5.1 No person shall keep a Class I animal within an Urban A¡ea of the Municþality of Bayham. Part 6 6 Class 2 Animal (horse, pony, donkey and mule) 6.1 No person shall keep a Class 2 animalwithin an Urban Area of the Municipality of Bayham. Part7 r 7 Class 3 Animal (chicken, goose, turke¡ duck, or other fowl domestic or otherwise) 6.1 No person shall keep a Class 3 animal within an Urban Area of the Municipality of Bayham. Part 8 I Class 4 Animat (homing, pouter, racing or tumbler pigeons) 8.1 No owner of a Class 4 animal shall keep more than forty (40) banded Class 4 animals on a premise located in an Urban Area of the Municipality of Bayham between October of one year and March of the following year. 4 By-Law 2009-071 A By-Law to Regulate and Control Animals Page 364 of 405 Animal Control ByJaw Municipality of Bayham 8.2 No owner of a Class 4 animal shall keep more than sixty (60) banded Class 4 animals on a premise located in an Urban Area of the Municipality of Bayham between April and October of any yeaf. 8.3 No owner shall keep more than two (2) unbanded Class 4 animals at anytime. 8.4 Except as otherwise provided in this By-law all Class 4 animals kept within the municipal boundaries of the Municþality of Bayham shall be confined to abuilding, structure, coop,loft, pen or run which shall meet the requirements set out in sections 8.5 to 8.14 of this Part. 8.5 Everybuilding, structure, coop, loft, pen or run in which Class 4 animals are kept shall have a height of not less than 1.5 meters and a floor area of not less than 1.25 square metres for each pair of pigeons therein. 8.6 Every building, structure, coop, loft, pen or run in which Class 4 animals are kept shall have adequate ventilation having regard to the number of pigeons kept therein. 8.7 Everybuilding, structure, coop, loft, pen orrun in which Class 4 animals are kept shall have a clear space between the ground and the underside of the floor of not less than 30 centimetres. 8.8 Every building,. structure, coop, loft, pen or run in which Class 4 animals are kept shall have a floor with a surface which is impervious to moisture. 8.9 Everybuilding, structure, coop, loft, pen or nrn in which Class 4 animals are kept shall be maintained by regular painting of the exterior or by permanent siding, and all loft equipment shall be kept under cover. 8.10 Everybuilding, structure, @op, loft, pen or run in which Class 4 animals are kept shall be located a minimum of twelve (12) metres from any school, church, public hall, store, dwelling or premises used for human habitation, other than premises occupied exclusively by the owner or keeper of such animals or members of his/her immediate family. 8.11 Everybuilding, structure, @op, loft, pen or run in which Class 4 ànimals are kept shall be located a minimum of three (3) mehes from the boundary line between the owner's property and all adjacent property. 8.12 Every owner keeping Class 4 animals shall lime-wash, paint or disinfect the inside walls and ceilings of all buildings, structures, lofts, pens, coops or runs, (other than an'outside run enclosed only with wire), at least twice a year. 8.13 Every owner keeping Class 4 animals shall remove and dispose of in a sanitary manner at least twice each week, all pigeon droppings, refuse and dropped or scattered feed within or adjacent to all such buildings, structures, coops, lofts, pens or runs, including outside runs enclosed only with wire, provided, however, that this regulation shall not apply when below freezing temperatures prevent removal and disposal. 8.14 Every owner keeping Class 4 animals shall store all feed in rodent-proof containers. By-Law 2009-071 A By-Law to Regulate and Control Animals Page 365 of 405 Animal Control By-law Municipality of Bayham 8.15 Every owner keeping Class 4 animals shall take all reasonable measures to prevent such animals from trespassing on any land, except as otherwise provided in this By-law. 8.16 Class 4 animals shall be kept enclosed at all times, except during amaximum of two flight periods daity, when no more than half the total number of animals of the class being kept by any one owner shall be at large at any one time and such flights shall be governed by the regulations set out in sections 8.17 to 8.19 of this Part. 8.17 During the period from April I to September 30 of any year, all flights shall take place before 9:00 o'clock in the morning or after 5:00 o'clock in the aftemoon. 8. 1 8 During the period from October I of one year to March 3 I of the following year, all flights shall take place before 10:00 o'clock in the morning or after 3:00 o'clock in the afternoon. 8.19 All flights shall take place under the supervision of the owner of such animal or a competent person on his behalf. 8.20 When a bona fide flight is conducted by an organization recognized by a Council resolution, the regulations set out in sections 8.16 to 8.19 of this Pa¡t do not apply. 8.21 In this Part the term "flight" shall mean an animal under this Part is airborne and the distance of travel exceeds the boundary of the property where the animal is kept, harboured or possessed. Part 9 9 Class 5 Animal (guinea pig, hamster, mouse, rat, rabbit, chinchilla, ferrets and turtle with a shell 20 centimeters (8 inches) in diameter or less) 9.1 No owner shall keep more than two (2) Class 5 animals in an urban a¡ea in the Municþality of Bayham. 9.2 The new born or young of any Class 5 animal maybe kept for a period not exceeding two (2) months afterbirth. 9.3 No owner shall keep a turtle with a shell larger than2} centimetres (8 inches) in diameter within an Urban Area of the municipality. Part 10 10 Class 6 Animal (non-venomous snakes, non-venomous liza¡ds and non-venomous spiders) 10.1 No owner shall kee,p more than two (2) Class 6 animals in an urban area in the Municþality of Bayham. 6 By-Law 2009-071 A By-Law to Regulate and Control Animals Page 366 of 405 Animal Control Bylaw Municipality of Bayham 10.2 No owner shall keep a non-venomous snake that exceeds on overall length of 60.96 centimetres (24 inches). 10.3 No owner shall keep a non-venomous lizardthat exceeds an overall length of 30.48 centimetres (12 inches). Part 11 11 Class 7 Animal (b.*, wolf, lion, bobcat, oougar, tiger, lynx, ocelot, wildcat, puma, crocodile, alligator, venomous snake, constricting snake, venomous lizard, venomous spider) I1.1 No owner shall keep a Class 7 animal within the Municþality of Bayham. Part12 12 Enforcement l2.l In the event of any conflict between the provisions of this By-law and any other general or special byJaw, the provisions of this By-law shall prevail. I2.2 For the purposé of this By-law, the By-law Enforcement Officer may enter onto any public property or may enter onto any private property and þto the structures thrreon with the consent of the owner or occupant. 12.3 The ByJaw Enforcement Offrcer may commence a proceeding in Provincial Offences Court by filing a Cefificate of Offence or Information/Summilns. 12.4 It is declared notwithstanding that any section of this By-law or part thereof may be fourd by a court of competent jurisdiction to be invalid, unenforceable or ultra vires than such section shall conclusively be deemed to be servable and all other sections or parts of this By-law are separate and independent there from and enacted as such. 12.6 In this By-law, unless the contrary intention appears, words impor-ting only singular number or masculine gender shall include more persons, pafies or things of the same kind than one and the feminine or neuter gender. Part 13 13 Offence 13.1 Every person who contravenes any provision of this By-law is guilty of an offence and on conviction is liable to a fine as provided for in the Provincial Affences Act. I3.2 The Court in which the conviction has been entered, and any court of competent jurisdiction thereafter, may make an order prohibiting the continuation or repetition of the offence by the person convicted, and such an order shall be in addition to any other penaþ imposed on the person convicted. By-Law 2009-071 A By-Law to Regulate and Control Animals Page 367 of 405 Animal Control By-law Municipality of Bayham 13.3 Each day during which there is a breach of this ByJaw shall be regarded as a separate and distinct offence and any person, who continues inbreach of this By-law, may be charged for each separate day during the continuation of the offence. Paft14 L4 Enactment and Repeals t4.I This By-law shall come into full force and effect upon final passing. 14.2 The following ByJaws are repealed upon enactrnent of this ByJaw: amended, being a By-law to Regulate and Control Dogs READ A FIRST AND SECOND TIME this day of ,2009. Mayor .Clerk READ A THIRD TIME AND PASSED this day of ,2009. Mayor Clerk By-Law 2009-071 A By-Law to Regulate and Control Animals Page 368 of 405 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2009-096 BEING A BY.LAW TO AUTHORIZE THE EXECUTION OF A SITE PLAN AGREEMENT WITH ETIENNE & MARIE.LOUISE BORM (ETBO TOOL & DrE) WHEREAS subsection4l(2) of the Planning Act, R.S.O. 1990 Chapter P.13 provides in part that where in an official plan an area is shown or described as a proposed site plan control area, the council of the local municipality in which the proposed area is situate may, by by-law, designate the whole or any part of such area as a site plan control area. AND WHEREAS the Municipality of Bayham has enacted a Site Plan Control Area By- law pursuant to Section 41 of the said Planning Act. AND WHEREAS subsection 4l (4) of the said Planning Act provides in part that no person shall undertake any development in an area designated under subsection (2) unless the council of the municipality or, where a referral has been made under subsection (72), the Municipal Board has approved one or both, as the council may determine, of the following: 1. Plans showing the location of all buildings and structures to be erected and showing the location of all facilities and works to be provided in conjunction therewith and of all facilities and works required under clause (7) (a). AND WHEREAS the Ontario Municipal Board has ordered the completion of a Site Plan Control Agreement in the matter of OMB Case No. PL070854-C070205; AND WHEREAS the Council of the Corporation of the Municipality of Bayham now deems it necessary enter into a site plan agreement with Etienne and Marie-Louise Borm. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. THAT the Mayor and Clerk be and they are hereby authorized and directed to execute the Site Plan Agreement between the Corporation of the Municipality of Bayham and Etienne & Marie-Louise Borm affixed hereto and forming part of this ByJaw as Schedule "4". By-Law 2009-096 A By-Law to authorize the extecution of ... Page 369 of 405 2. TIIAT By-law 2008-050 being a By-law to authorize the execution of a site plan agreement with Etienne & Marie-Louise Borm, passed May 1, 2008 is hereby repealed. 3. THAT the executed agreement shall be registered at the owner's expense under the proper Land Titles Registry. READ A FIRST AND SECOND TIME this - day of 2009. READ A THIRD TIME AI\D FINALLY PASSED this day of 2009. MAYOR CLERK By-Law 2009-096 A By-Law to authorize the extecution of ... Page 370 of 405 SITE PLAN AGREEMENT BETWEEN ETIENNE & IVTARIE-LOTIISE BORM Part Lotl, Concession 4 Roll # 34-01-000-007-00200 TTIE CORPORATION OF THE M{TMCIPALITY OF BAYHAM 2 By-Law 2009-096 A By-Law to authorize the extecution of ... Page 371 of 405 THIS AGREEMENT made this _ day of 2009. BETWEEN: ETIEI\NE AI\D MARIE.LOTIISE BORM Hereinafter called the rOWllER" OF THE FIRST PART -ÄND- THE CORPORATION OF IEE MT'MCIPALITY OF BAYHAM Hereinafter called the TMIJMCIPALITY' OF THE SECOND PART IVEEREAS the Owner is the owner in fee simple of the lands situate in the Municipality of Bayham, in the Cor:nty of Elgin being Part of Lot l, Concession 4, more particularly described in Attacbment ".{'' attached hereto (and hereafter refelred to as the "Lands"); AIID WHEREAS the Offrcial Plan of the Municipalþ of Bayham in effect, designates the entirety of the Municipality as a site plan control area; AI.ID WEEREAS the Owner intends to develop the lands in accordance with the Site Plan attached hereto, as Attachme,nt *C" (and hereafter referred to as the *PIan'); AND WHEREAS the Ontario Municipal Boa¡d has ordered the completion of a Site Plan Control Agreernent in the matter of OMB Case No. PL070854-C070205; AND WHEREAS the Council of the Corporation of the Municipality of Bayham now deems it necessary to enter into a site plan agreemeirt with Etienne and Ma¡ie-Louise Bonn. NO\ry TEEREFORE in consideration of other good and valuable consideration and the sum of Ttvo Dollars ($2.00) of lawful money of Canada by each to the other paid (the receipt whereof is acknowledged by eaÐ, the Owner hereby covenants and agrees wíth the Municipality as follows: By-Law 2009-096 A By-Law to authorize the extecution of ... Page 372 of 405 l. The Owner agrees that no building pennit will be available until the Plan has been approved by the Municipality, and further agrees that work will not coûrmence prior to the issuance of the building permit. 2. The following Attachments, which are identified by the signatures of the parties to this Agreement, and which a¡e attached hereto, are hereby made a part of this Agreement, as fully and to all intents and purposes as though recited in full herein: ATTACHMENT *A" - LEGAL DESCRIPTION OF SI.JBJECT LA}.IDS ATTACHMENT "B'- CERTIFICATE OF COMPLIANCE ATTACHMENT 6'C'' - SITE PLAN A},ID SITE SERVICING PLA}T 3. Attachment "4" hereto describes the lands afTected by this Agreement. 4. Attachment "C" - Site Plan and Site Sendcing Plan, shows: a) the location and height of all buildings and structures to be erecte{ b) the location of vehicular e,ntrances and exits; c) the location and provision of off-street vehicular loading and parking facilities, including driveways for ernergency vehicles; d) walkrvays and all other means of pedestrian access; e) the location and provision offences, trees and all ground cover or facilities for landscaping the laods and protecting the adjoining lands and shows the ligbting including flood lighting of the land or any building or structure thereon; Ð the location and provision for the collection and storage of garbage and other waste material g) lot grading information, indicating overland flow to and from adjacent properties, collection and disposal of surface water and storm water manageme,nt (if deeined necessary by the Municipality); h) location of utilities within the road allowance and site connections to these utilities; Ð building frnished floor elevations; j) fue pond and dry hydrant locations; k) other information as required by the Municipality 5. The Owner agre€s that the building or buildings will be erected in accordance with the plan(s) approved, subject onlyto such changes as have received advance approval. 4 By-Law 2009-096 A By-Law to authorize the extecution of ... Page 373 of 405 6. The Owner agrees that the site development and servicing will be in accordance with the plan(s) as approved, subject only to such changes as have received advance approval. 7. The Owner further agrees that: a) final grades and elevations will be established to the satisfaction of the Municipality. The Owner will provide proof of final grades and elevations certified by a professional land surveyor or civil engineer, prior to the final release of the Letter of Credit. b) all necessary provisions for service connections on site will be made to the satisfaction of the Municipality. c) construction work will be canied forward expeditiously in good and worlcrnanlike manne¡ in accordance with good trade practice and so to cause a minimum of nuisance. d) all necessary precautions to avoid dust, noise and other nuisance and to provide for the public safety will, so far as possible, be taken and which comply with The Constntction Safety Act. e) all necessary ca¡e will be taken to see that mud and soil is not tracked or spilled onto any public street, and where such tracking occurs, the street shall be cleaned at the e,nd of each working day. Ð garbage disposal facilities will be an enclosed t1rye located as shown on the Site Plan designed in a manner satisfactory to the Municipality. g) unless othenvise provided all parking lots and wallovays will be finished with hot-mix asphalt, concrete or paving stones to the satisfaction of the Municipality and have permanent bumper curbing along all parking areas that abut the property limits. h) no topsoil shall be stocþiled on any other portion of the Owner's lands except those lands identified in Attachment "4" to this agreement; and all topsoil shall be stocþiled and maintained in a manner which allows for the mainte,nance of weeds; and the Municipality may go in and do the sa¡ne at the Owner's expense, and collect the cost in like manner either as municípal taxes or from the Letter of Credit deposited as performance security. Ð stock-piling of snow will not be allowed on the site where it will constitute a hazard in the opinion of the Municipalþ. j) the electrical servicing of the property shall be subject to the approval of Hydro One. k) upon failure by the Owner to do any act during the development period herein, that the public safety or convenience requires, in accordance with this Agreement, upon seven (7) days written notice, the Municipality, in addition to any other remed¡ may go in and do same at the Owner's expense, and collect the cost in like manner either as municipal taxes or from the Letter of Credit deposited as performance security. By-Law 2009-096 A By-Law to authorize the extecution of ... Page 374 of 405 l) the Municipality may treat any breach of this Agreement as a breach of the Building By- Law, and upon twenty-four (24) hours w¡itten notice to the Owner, stop work until the breach is rectified. m) nothing in this constitutes waiver of the owner's duty to comply with any by-law of the Municipality or any other law. 8. The Owner shall: a) be responsible for consulting with Hydro One regarding any rnatters that relate to services providedbyHydro One. 9. The Owner shall be responsible for consulting with and obtaining any necessary approval from all regulatory bodies such as, but not limited to, the Iong Point Region Conservation Authority and the Ministry of the Environment. 10. The Owner shall satisfr all the in relation to the füe protection for the building(s) to the satisfaction of the Municipality's Fire Chief. 11. The Owner agrees to pay for damages to public property including but not limited to municþal drairu ditches, street surfaces, sidewalls, storm and sanitary sewer syste,ms, which rnay occr¡r during the period of constnrction. Any such rqrair may be undertaken by the Municipalþ at the expense of the Owner, withinthirty (30) days notice. 12. Any and all lighting shall be installd and maintained so as to not, in the opinion of the Municipality, interfere with the use or e,njolment of adjacent properties, or with the safe flow of traffrc on abutting or adjaceirt streets. 13. The Owner shall landscape and maintain plants and ground cover as describd as "Planting Schedule" and indicated on Attacbment "C". 14. If the Ontario Building Code requires tbat an A¡chitect or Professional Engineer or bot\ shall be responsible for the field review of any new building or exte,nsion, provided for in this Agreement, the Owner shall not occupy or use or pennit to be occupied or used, any said new building or e*tension, until after an Architect or Professional Engineer has given to the Municipalþ, a letter addressed to the Municipality, and signed by the said Architect or Professional Engineer, certiffing that all construction and/or sen¡ices on or in the said lands, required for this development or redevelopment, newly installed by the Owner in connection with this development or redevelopment, have been installed and/or constructed in a manner satisfactory to the Architect or Professíonal Engineer. 15. The Municipality, through its servants, officers and agents, including it's Chief Building Official, Fi¡e Chiet and Municipal Engineer, may, from time to time, and at any time, enter on the premises of the Owner to inspect: By-Law 2009-096 A By-Law to authorize the extecution of ... Page 375 of 405 a) the progress of development; b) the state of maintenance as provided for in this Agreement. 16. In the event of any servant, officer or agent of the Municipality, detennining, upon inspection, that the development is not proceeding in the strict accord with the plans and specifications filed, such servant, offrcer or agent shall forthwittr, place a notice requiring all work to be stopped upon the premises and forward a copy, by registered mail, to the Owner at the last known address, on the last revised assessment roll, and the Owner shall forthwith correct the deficiency or deviation. 17. In the event of any servant, officer or agent of the Municipality, upon inspection" be of the opinion that the state of maintenance is not satisfactory, such servant, officer or agent shall forthwitb, forwa¡d notice of such opinior¡ by registered mail, to the Owner, at the last known address, and the Owner shall forthwith correct the deficiency or appeal to the Council of the Municipality of Bayhanr, as hsreinafr€r provided. 18. In the eve,nt that the Owner should disagree with the opinion of the servant, offrcer or agent of the Municipality, as to the state of maintenance, such Owner shall appear before the Council of the Municipalþ of Bayham, which after hearing the Owner, shall express its opinion as to whether the mainter¡ance is satisfactory, by resolution, which shall constitute a final determination of the matter. 19. h the event tbat the Owner shall fail to obey a stop work order issued under Section 17 hereot the Owner recogri"es the right of the Municipality to apply to the Courts for a restraining order. z0.hr the event that an Owner shall fail to correct a deviation or deficiency after notice pursuant to Section 17 or after notice of an opinion, which the Council of the Municipalþ of Bayham determines is correct, under Section 17 , the Council of the Municipality of Bayhara may by by-law, direct, on default of the matter e¡ rhing being done by the Owner, after two (2) week's notice, to it by registered mail, at the last known address of the Owneç pursuant to the last revised assessment roll of passage of such By-Law, that such matter 6¡ rhing be done by the Municipality, at the expeirse of the Owner, which expense may be recoverable by action as municipal taxes, or from the Letter of Credit deposited as performance security. 21. Unless otherwise authorized, in the event of the Owner wishing to change at any time, the buildings, structures or facilities described in Attachment "C", it shall make application to the Council of the Municþlity of Bayhan:, for approval, and shall not proceed with such change until approval is given by such Council, or in default by The Ontario Municipal Board, under the procedure set out in Section 4l of The P lanning Act, 1990, hereinbefore referred to. 22. \\e Owner agrees to pay to the Municipality all administration costs incurred in corurection with this Agreement, and the fulfillment of this Agreement, including legal, engineering and inspection costs. By-Law 2009-096 A By-Law to authorize the extecution of ... Page 376 of 405 23. LIABILITY INSURANCE Before commencing any of the work provided for herein, the Owner shall supply the Municipality with a Liability Insurance policy in the amount of $2,000,000 per occlurence, and in a form satisfactory to the Municipality, indemniffing the Municipalþ from any loss arising f¡om claims for damages inju¡y or otherwise, in connection with the work done by or on behalf of the owner of the development. The said policy shall be provided at the time of the siguing of the Agreernent and remain in force, until the development is complete and all required documelrtation as per A¡ticle 15 has been frled with the Municipality. 24. PERFORMANCE GUARA}{TEE The Owner hereby defines the cornpletion date of this Agreement and project to be on or before Se,pternber 30. 2010. It will be the Ov¿ner's responsibilþ to require, in writing, an extension to this agreemenlproject, within sixty (60) days of the above stated complaion date, should an extension be required. As security for the performance and completion of all worls required by this agreement, the Owner shall supply the Municipality with a Letter of Credit, equal to $ The Letter of Credit will be based on the estirnated cost of alterations to public property, roadway, cu¡bs and gutters and drains, and any repairs for damages to public propert¡ roadway, sidewalls, curbs and gutters and drains, plus all site specific courponents as defined by the Site Plan and Site Servicing Plar¡ "Attachment "C", which are approved under this Agree,ment. The amount of the Letter of Credit shall be established by the Municþlity. The i¡revocable Letter of Credit from a Chartered Bank expressed to be pursuant to this Agreement and payable to the Municipalþ at any time or in part, from time to time, upon writte,n notice from the Municipality, shall be provided at the time of signing of this Agreement, and shall remain in force, until Twelve (12) months following the completion of this project. 25. This Agreeme,lrt and the provisions thereof, do not give to the Owner or any person acquiring any interest in the said lands any rights against the Municipality with respect to the failure of the Owner to perfomr or ñrlly perform any of its obligations under this Agreement or any neglige,nce of the Owner in its performance of the said obligations. 26. In the event that no construction on the said lands has commenced within one (l) year from the date of registration of this Agree,rnent the Municipabty may, at its optior¡ on one month's notice to the owner, decla¡e this Agreement to be subject to re-negotiation, whereupon the Owner agrees that it will not undertake any construction on the said lands until this Agreement has been re- negotiated. 27.T\e Owner agrees that it will not call into question, directly or indirectly in any proceeding whatsoever in law or in equity or before any administrative tribunal the right of the Municipalþ to enter into this Agree,ment and to enforce each and every ternl covenant and condition herein contained and this Agreement may be pleaded as an estoppels against the Owner in any case. By-Law 2009-096 A By-Law to authorize the extecution of ... Page 377 of 405 28. The Owner agrees on behalf of themselves, their heirs, executors, administrators and assigns, to save harnrless and indemnit the Municipality, from all losses, damages, costs, charges and expenses which may be claimed or ¡ecovered against the Municipality by any person or persons arising either directly or indirectly as a result of any action taken by the Owner, pursuant to this Agreement. 29. Nl facilities and nratters required by this Agreement shall be provided and maintained by the Owner at its sole risk and expense to the satisfaction of the Municipality and in accordance with the standards determined by the Municipality and in default thereof, and without limiting other remedies available to the Municipality, the provisions of Section 326 of The Municipal Act, R.S.O. 1990, shall apply. 30. This Agreemelrt shall be registered at the expense of the Owner, against the land to which it applies, and the Municþlþ shall be entitled, zubject to the provisions of The Registry Act, to enforce its provisions against the Owner, named herein, and any and all subsequent Owners of the land. 31. A Certification of Cornpliance attached hereto as Attachment "B", shall be filed by the Owner, following completion of the developme,nt to ensu¡e all details of the Site Plan Agreernent have been complied with- IN WTINESS \ryHEREOF, the Parties hereto have hereupon, affixed their Corporate Seal, and duly attested to by their authorized siening officers in that behalf. THE CORPORATION OF TI{E MUNICIPALITY OF BAYIIAM L¡ænAcre, Mayor Ly¡da Milla¡d, Clerk By-Law 2009-096 A By-Law to authorize the extecution of ... Page 378 of 405 By-Law 2009-096 A By-Law to authorize the extecution of ... Page 379 of 405 ATTACHMENT *B' TI{E CORPORATION OF THE MUNICIPALITY OF BAYÉIAM CERTIFICATE OF COMPLTANCE PROPERTY IDENTIFICATION : Municipal Address: Owner: This document serves to certiff that the development project on the above noted lands has been completed in accordance with the terms and conditions of The Site Plan Agteement By-law No. DATED: I HEREBY CERTIFY THAT THE ABOVE DECLARATION IS TRUE AND CORRECT. Witness Owner - Etienne Borm tWitness Owner - Marie-Louise Borm Address: l1 Phone Number: By-Law 2009-096 A By-Law to authorize the extecution of ... Page 380 of 405 PLANTING SCHEDULE - ¡!a--r E¿ --+- ¡rr--- rDE*srEiúÉaøæwÚffiÉffia@daw&lÈrþtuE¡@ EII|СA'glEaEryþEE@-tdryæ s[E srATtsncs offiqÐ&!¡&.4Ddru5@åtr5ffiD83d6ñrc o{*cÞ@EEffiú*Ðrñtrcw¡dNEga@¡¡ffirx tÊatffiÆD¡6[?ÞlDcDh@ÚEM¡WTrÊù-ffrk¡EiÚ*ËÈEffiEfrffiúfrÙ8¡ãmre¡bE¡Ê&@EuaEú& t- IO i¡,t Lr. lo r; ':- RICHMOND ROAD {æÉ:- lÉÛal¡É rEec.ãÉEt- O __^/la ¡aE.¡¡EErqi .Frðdr* sRrrra Áþ G8¡uNc Prxr ETBO É4úÉ 3664 SPII E \! ìo\ -\h \ \ CJ\ B y - L a w 2 0 0 9 - 0 9 6 A B y - L a w t o a u t h o r i z e t h e e x t e c u t i o n o f . . . P a g e 3 8 1 o f 4 0 5 THE CORPORATION OF THE MTTNICIPALITY OF BAYHAM BY-LAW NO. 2009-122 A BY.LÄ\il TO AUTIIORIZE TIIE EXECUTION OF'AIY AGREEMENT BETWEEN THE MTJNICIPALITY OF BAYHAM AI\D RODGERMARTIN F'OR THE PROVISION OF'CANINE CONTROLÆOT]ND KEEPER SERVICES \ilHEREAS the Municþality 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. THEREFORE THE COTTNCIL OF TIIE CORPORATION OF THE MT]NICIPALITY OF BAYIIAM ENACTS AS FOLLOWS: 1. THAT the Mayor and Clerk be and are hereby authorized to execute the Agreement attached hereto as Schedule uÃ' and forming part of this By-law between the Municipality of Bayham and Rodger Martin for the provision of canine control ofEcer and pound kee,per services. 2. THAT this By-law shall come into full force and effect upon the first day of January 2010. READ A FIRST, SECOND AND TIIIRD TIME, AND FINALLY PASSED THIS sth DAY OF November 2009. MAYOR CLERI( By-Law 2009-122 A By-Law to authorize the execution of a... Page 382 of 405 Page2 Schedule "4" to By-I-aw#2009-122 TIIIS AGREEMENI made induplicatethis 5th dayof November 2OOg. BETWEEN TEE CORPORATION OF THE MUryICIPALITY OF BAYHAM Hereinafter called the "Municipality'' of the First Part -AÌ.ID - RODGER MARTIN o$'ner & operator of LOBO PINES KEI\NEL Address: 56481 Eden Line, RR#l EdenNOJ lHO elephone: (519) 866-3909 Hereinaftercalled,.Martin, ofthe Second Pa¡t WHEREAS the Municipalþ of Bayham desires to provide for Canine Control Services for the residents of the Municipality of Bayham; AND WEEREAS 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 TEEREFORE this Agreement witnesseth that in consideration of the mutual covenants herein contained, the parties agree with each other as follows: MARTIN COI\TVENAIYTS AND AGREES AS FOLLOWS: I 1. Caniúe Control Services I . 1 Martin shall provide the services of Canine Confiol Offrcer and Pound Kee,per within the geographic limits of the Municipality of Bayham and agrees to pick up stray dogs. I .2 Martin shall provide a vehicle suitably equipped to pick up sucþ stray dogs. The. vehicles shall be maintained in a safe and clean condition. 1.3 Martin shall expressly understand that at no time shall the said vehicle become the property of the Municipalþ and that the responsibility for its òperation, fuel, maintenance, license and insurance shall rest solely with Martin. Ma¡tin shall agree to indemniff and save harmless the Municipality from any and all claims arising out of or in conriection with the use of the said vehicle. 1.4 Martin shall agree to answer all telephone complaints authorized by Municipal staffas quickly as possible and to carry outpatrols within the Municipality, ifrequested. 1.5 Martin agrees to respond to Municipal staffrequests for the pick up of confined dogs during the hou¡s of 8:30 a.m. to 4:30 p.m. Monday through Friday, excluding statutory holidays. The terrn "çenfined" sþll mean, "kept restricted within cert¿in limits" such as but not limited to thé dog being kept or restricted to the By-Law 2009-122 A By-Law to authorize the execution of a... Page 383 of 405 Page 3 Schedule "A" to By-Law #2009-L22 interior of a building or fenced in area. Martin may at his discretion do pickups after 4:30 p.m., before 8:30 a.m., on weekends and statutory holidays. 1.6 Martin agrees to respond to humane requests for the pick up of dogs atlarge that are deemed vicious, injured and/or ill, when requested by Municipal staff. 2. Pound Facilities 2.L Martin shall prwide and maintain a pound facility to be looated within the geographical limits of the Municipality ofÞayham 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 clear¡ 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. I{ 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 euthantzedby 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 experx¡es authorized by Municipal staff. 2.4 Martin shall keep a récord of all dogs impounded and theirdisposition, whirch 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 fs¡ ¿ ñinimum of tlree (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 attemFt to contact the owner of any dog as quickly as possible. 2.7 When Martin quarantines ân ânim¿l under the authority of the Elgin County Medical Officer of Health and Municipal stafl the Municipality shall pay the costs of the quarantine. 2.8 Martin shall display contact phone numbers and offrce hours at the pund 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 contained within Bayham's I)og Control By-law #2009-059 and amendments thereto, together with any and all veterinary sewices, if applicable. 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.lI Martin agrees that any dogs impounded shall not be released to the owner or other person until confirmation is received from the Municipaliþ that inpoundment fees have been paid to the Municipality and that a current tag has been purchased from the Municipality. 2.12 Martin agrees that any dog not claimed bythe owner shall become the property of Martin and maybe 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 amènded and any Regulations thereof. By-Law 2009-122 A By-Law to authorize the execution of a... Page 384 of 405 Page 4 Schedule "A" to By-Law #2009-122 3. General 3.1 Martin shall maint¿in and pay for Comprehensive General Liabilþ Insurance, including coverage for all operations as Canine Control OfEcer and Pound Keeper. This insurance coverage shall be subject to limits of not less than two million ($2,000,000.00) dollars, inclusive per occunence for third party bodily injury and propefy damage. The coverage shall include the Municipality of Bayham as an additional insured in respect of all operations performed by or on behalf of the Municipality. The coverage shall not be altered, cancelled or allowed to expire or lapse without thirty (30) days prior written notice to the Municipality. A Certificate of Insurance shall be filed with the Municipality upon the signing of the Agreement and annually thereafter throughout the term of the Agreement. 3.2 Martin shall agree to fulfill all of his obligations in compliance with the Occupational Health and Safety Act and further agrees to take responsibility for any health and safety violation that may occur. Martin shall indemni$ 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 Certificate from Workplace Safety and Insur¡nce 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 futurç pa)4nents 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 CONVENAI\TS AND AGREES AS FOLLOWS: Canins Control Officer The Municipality shall by appropriate ByJaw appoint Rodger Martin as Canine Control Offrcer and Pound Keeper for the Municipality of Bayham, effective immediately and to hold offrce during such time as the Agreement is in full force and effect. Remuneration The Municipalþ shall, in return for Martin providing canine control and pound facility services, pay to Martin upon submission of monthly repofs and invoices, the fees according to Schedule "4" attached hereto. General The Municipality shall imFlement 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 Contol Officer and Pound Keeper services. Such card shall be immediateþ retunred 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 Regulations 22 and 23. THE PARTIES HERETO COVENANT AND AGREE AS FOLLOWS: 7. That this Agreement shall take effect on the 1o day of January 2010 shall remain effective for a period of one ye¿ìr, 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. 4. 4.t 5. 5.1 6. 6.1 6.2 6.3 By-Law 2009-122 A By-Law to authorize the execution of a... Page 385 of 405 Page 5 Schedule "A" to By-Law#2009-122 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 car¡ied out herçunder 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 Municipalþof Bayham' 9344 Plank Road, PO Box 160, Straffordville Ontario NOJ 1Y0; and in the case of Martin to:Rodger Martin, I¡bo Pines Kennel 56481 Eden Line, RR#l Fden Ontario NOJ lHO. 12. That there have been no representations, oral or written, by either party, save as contained herein. 13 That everycovenant, proviso and agreementhereincontainedshall ensure to thebenefit ofandbebinding upon the parties hereto and their heirs, executors, administrators, successors, and assigns, and that all covenants herein contained shall be constued as beingjoint and several and that when the context so requires or permits, the singular number shall be read as if the plural were expressed and the masculine gender as if the feminine or neuter, as the case may be, were expressed. WITNESS WHEREOF the seal of the party of the First Party duly attested thereto by the hands of its proper signing ofücers. SIGNED, SEALED Al.{D DELIVERED, this 5th dayof November ,2009 Authorizedby BayhamBy-hw #2009-122 ) THECORPORATTONOFTHE MTJNICIPALITY OF BAYHAM Per Mayor, Llmn Acre ) Ctertq LlmdaMillard ) WITNESS WHEREOF the part of the Second Pa¡t has hereunto set is handond sèal. SIGNED, SEALED ANDDELIVERED, this dayof ,2009. In the presence of ) 'Witness:RODGERMARTIN By-Law 2009-122 A By-Law to authorize the execution of a... Page 386 of 405 Page 6 Sen¡ice: Schedule "4" to By-Law #2009-122 CANINE CONTROL SERVICES AGREEMENT BET\ryEEN TIIE CORPORATION OF THE MT]NICIPALITY OF BAYHAM ANI) RODGERMARTIN Owner & operator of LOBO PINES KEI\NEL SCITEDT]LE $A)' Fee: 1. Monthly Retainer Fee $1,000.00 2. Fee Per Dispatch as authorized by Municipal Staff $ 50.00 3. Containment Fee per anim¿l pç¡ d¿y $ 15.00 to a maximum of three days 4. Rate to Provide Patrol (if requested) $ 25.00 per hour, plus. municipal rate allowed per kilometer 5. Quarantine (if requested) $ 50.00 forpickup of animal :lä:lffi,i"ii,'ö3* from the date of the incident) plus veterinary service costs, if any. 6. CourtAppearance Fee $ 25.00 perhour, plus municipal rate allowed per kilometer 7. Reimbursement of authorized Veterinary Costs r associated with unidentified injured/ill Dogs (if requested). 8. Fee for Dog claimed by the registered oumer $ 50.00 By-Law 2009-122 A By-Law to authorize the execution of a... Page 387 of 405 THE CORPORATION OF THE MT]NICIPALITY OF BAYHAM BY-LAW 2009-123 A BY.LAW TO AT]'THORIZE THE EXECUTION OF A¡[ AGREEMENT WITII THE TO\ilNSHIP OF MALAHIDE AND THE TOWN OF AYLMER FOR TIIE SHARING OF GIS/GPS SERVICES WHEREAS Corporation of the Township of Malahide proposes to retain staff for GIS/GPS services and to contract with the Town of Aylmer and the Municipality of Bayham to provide such services; AND WHEREAS these municipalities wish to participate in this co-operative approach to meeting GIS/GPS needs of their respective organizations; AND WHEREAS the Council of the Corporation of the Municipality of Bayham deems it necessary and expedient to execute an agreement with the Township and Malahide and the Town of Aylmer for the provision of GIS/GPS services. NOW THEREFORE THE CORPORATION OF THE MUNICIPALITY OF BAYHAM HEREBY ENACTS AS FOLLOWS: 1. THAT the Mayor and Clerk be and are hereby authorized to execute the Agreement attached hereto as Schedule "A" and forming part of this by-law between The Corporation of the Township of Malahide, The Corporation of the Municipality of Bayham and The Corporation of the Town of Aylmer, for the provision of GIS/GPS Sevices. 2. 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 5TH DAY OF NOVEMBER 2009. MAYOR CLERK By-Law 2009-123 A By-Law to authorize the execution of a... Page 388 of 405 THIS AGREEMENT made as of the day of ,200 BETWEEN: The Gorporation of the Township of Malahide ("Malahide") -and- The Corporation of the Town of Aylmer ("Aylmer") - and The Corporation of the Municipality of Bayham ("Bayham") (the parties being collectively referred to as the "Municipalities" and each individually referred to as set forth above). WHEREAS the Municipalities have agreed to enter into this Agreement for the sole purpose of establishing the framework for the acquisition, ownership and operation of the hardware, software and license(s) necessary to create a computer-aided mapping system that shall hereinafter be referred to as the "GIS/GPS System"; AND WHEREAS the Municipalities have agreed that Malahide shall be the owner of the GIS/GPS System, and, as such, will be responsible for the day-to-day operation and maintenance of the GIS/GPS system, including the employment of any staff necessary to operate the said system; AND WHEREAS the Municipalities have further agreed that the Municipalities shall, as amongst themselves, have equal rights and access to the use of the GIS/GPS system, By-Law 2009-123 A By-Law to authorize the execution of a... Page 389 of 405 subject to the fact that requests for use shall be processed by Malahide in the order in which they are submitted; lN CONSIDERATION of the premises and the mutual covenants contained in this agreement, and other good and valuable consideration (the receipt and sufficiency of which is acknowledged by each of the parties), the parties agree as follows: l. Definitions (1) "Additional Hours" means any hours of Services as set forth in a Work Order and as required by a party to this agreement over and above those hours allocated to a party pursuant to their Proportionate Share as hereinafter defined. (2) "Confidential Information" means any and all technical and non-technical information identified as confidential, whether in oral, written, graphic or electronic form, and provided to the other party hereto, including, but not limited to, ideas, samples, media, techniques, sketches, drawings, works of authorship, models, know-how, processes, algorithms, software source documents, and formulae related to the current, iuture, and proposed products and services of such party, information concerning research, experimental work, development, design details and specifications, engineering, financial information, procurement requirements, pricing, employees, coñtractual relationships, information the disclosing party provides regarding third parties and any third party proprietary information rightfully held and disclosed by the disclosing party. Confidential lnformation does not include information:- (a) already in the possession of the receiving party without an obligation of confidentiality;(b) hereafter rightfully furnished to the receiving party by a third party without a breach of any legal or contractual obligation; (c) that is or becomes publicly available without breach of this Agreement; (d) furnished by the disclosing party to a third party without restriction on subsequent disclosure; or(e) independently developed by the receiving party without reliance on the Confidential I nformation. (3) "Documentation" means the Product (as hereinafter defined), system outputs, user manuals and operator instructions furnished by Malahide. (4) "Effective Date" shall mean the date first specified above. (5) 'GIS/GPS System means all hardware and software required to deliver the agreed upon service as identified in this agreement. (6) "Major Decision" means a decision to be made by the parties to this Agreement with respect to the acquisition of replacement hardware and/or software, the addition of any new partners, upgrades to the hardware and/or software, licensing costs over and above those known as of the Effective Date of this Agreement. (7) "Price List" means Malahide's standard fee schedule that is in effect at the time the Services (as hereinafter defined) are ordered by the parties, and includes the rates for expense items such as mileage.. By-Law 2009-123 A By-Law to authorize the execution of a... Page 390 of 405 (8) "Product" or "Products" shall mean all equipment and technologies associated with the GIS/GPS System that integrates, collects, stores, edits, analyses, shares and displays geographic information and as set forth in Schedule "8". (9) "Proportionate Share" means, with respect to each party to this Agreement, its rights to use and access the GIS/GPS System, expressed in terms of the number of hours of allocated System time as set forth in Schedule "A" hereto. (10) "Service" or "services" means those services listed in Schedule "C" hereto. The parties acknowledge and agree that they may, from time to time, require the completion of GIS/GPS related services that are not set forth in Schedule "C" and that the GIS/GPS staff employed by the Owner shall be available to complete those non- enumerated tasks during the hours allocated to the requesting party so long as the tasks are clearly GIS/GPS related. The Owner shall have the sole discretion to determine a dispute as to whether a requested task is or is not GIS/GPS related. (11) "Work Order" shall mean the standard form for ordering Services, the form of which is attached hereto as Schedule "D". 2. Schedules The following are the schedules attached to and incorporated in this Agreement by reference: Schedule "4" - Proportionate Share Time Allocation Schedule "8" - Products Schedule "C" - Services Schedule "D" - Work Order Form 3. Term and Renewal (1) Subject to the provisions contained in this agreement, the Agreement shall commence as of the Effective Date and shall continue for a term ending on the earlier of: (a) three years from the date of this agreement or the expiry of any renewal of the original three year term; or (b) the date on which the Agreement is voluntarily terminated by written agreement of the parties pursuant to paragraph 10 of this agreement. (2) Upon the expiry of the initial three year term, the parties hereby agree that, unless otherwise terminated pursuant to the provisions set forth herein, the term of this Agreement shall automatically renew for an unlimited number of further consecutive one (1) year terms. 4. Capital Gontribution and Proportionate Share The parties hereby agree to contribute an equal one-third (1/3) share of the total initial capital cost of acquiring the hardware, software and license(s) necessary to By-Law 2009-123 A By-Law to authorize the execution of a... Page 391 of 405 establish the GIS/GPS System, with such contribution to be in the sum of $15,557.05 plus all applicable taxes payable be each of the three parties on or before November 30, 2009. Malahide agrees to be responsible for the physical acquisition of the hardware, software and license(s). Following payment of the first installment set forth above and for so long thereafter as they remain in compliance with the terms hereof and for so long as the Term or any renewal thereof, each party will be entitled to the use of the GIS/GPS System in accordance with their Proportionate Share as defined herein. Should either of Aylmer or Bayham not use all of the hours allocated to them as part of their Proportionate Share, the unused hours shall automatically revert to and become the sole property of Malahide, with such hours to be used by Malahide, in its sole discretion, as it sees fit. The parties acknowledge and agree that the per hour costs of the Services used by them, whether paid for using the hours allocated to them pursuant to their Proportionate Shares or paid for, in cash, as with Additional Hours, do not include any applicable provincial or federal government taxes or expenses incurred by the GIS/GPS System staff in connection with the provision of the Services. The parties further acknowledge and agree that they will pay, to Malahide, as the provider of the Services and the owner of the GIS/GPS System, any such applicable taxes and will reimburse Malahide for any such expenses, with payment of those amounts to be made within thirty (30) days of the party receiving an invoice for same from Malahide. 5. Additional Hours Should any party require Additional Hours in any year during the Term of this Agreement or any extension thereof, the party requiring the Additional Hours shall provide written notice of the said requirement to the other parties. Within thirty (30) days of the date of any such written notice, the parties shall meet and determine, by way of consensus: (i) if Additional Hours are available for purchase/acquisition by the requesting party; and (ii) the source of those Additional Hours, i.e.: Malahide's Proportionate Share. ln the event that the parties determine that Additional Hours are to be made available to the requesting party, the requesting party shall pay Malahide for those Additional Hours in accordance with the Price List in effect at the time the Additional Hours are acquired. 6. Add¡t¡onal Capital Contributions lf at any time, and from time to time during the Term or any renewal thereof, further capital is required to ensure the continued operation of future expansion of the GIS/GPS System, the parties shall meet to review and agree upon the further By-Law 2009-123 A By-Law to authorize the execution of a... Page 392 of 405 acquis¡tion(s) and, following an agreement being reached as to the said further acquisition(s), the parties shall advance any additional required capital in proportion of each party's Proportionate Share. Malahide will then use any such additional capital contributions to acquire the agreed upon hardware, software, license(s) and incorporate same into the existing G¡S/GPS System. 7. Selling, Borrowing or Encumbrance of lnterest Subject to Malahide's rights as set forth in paragraph t hereof, no party shall sell, transfer, assign, pledge, hypothecate, mortgage, or in any other manner dispose of or encumber its rights as set forth in this Agreement without the prior written consent of both of the other parties. Further, no party shall sell any Products or Services except for copies of the parties' maps as the rates set fotth in the Price List. 8. Ownership of the GIS/GPS System Notwithstanding the fact that the parties will be contributing equal sums towards the purchase of the hardware, software, license(s) that will be used to establish the GIS/GPS System, the parties hereby agree and acknowledge that Malahide will be the registered and beneficial owner of the said hardware, software and license(s) and of the GIS/GPS System. Further, the parties acknowledge and agree that all monies paid by them in connection with and in furtherance of this Agreement are non-refundable and shall remain the property of the Owner regardless of the manner in which the Agreement or the party's participation in this Agreement are terminated. 9. Day-to-Day Management and Operation (1) As the Owner of the GIS/GPS System, Malahide shall and is authorized to manage the day-to-day operation of the GIS/GPS System, with such management to include the provision, for a fee, of certain GIS/GPS System services to person(s) other than the parties to this Agreement. Malahide hereby agrees that all user fees collected in relation to the provision of such services will incorporate an amount designated for capital replacement costs of the GIS/GPS System. Malahide agrees that the provision of Services to persons other than the parties to this agreement will be subject to the prior rights of Malahide, Aylmer and Bayham to have their requests for use processed in preference to those of any non-party user. The parties hereby agree that, as between them, their requests for use shall be processed by Malahide in the order in which they are submitted on the Work Order Forms attached hereto. (2) The parties agree that they will submit all requests for use of the GIS/GPS System on the Work Order Forms attached hereto and Malahide agrees to process those requests within a reasonable period of time and as provided for in this agreement. By-Law 2009-123 A By-Law to authorize the execution of a... Page 393 of 405 (3) Malahide agrees to hire an employee or employees, as required, to administer and operate the said GIS/GPS System and Malahide shall be responsible for compensating the said employee(s). (4) The parties agree that Malahide shall not be liable for any delay in the processing of Work Orders when the processing of the said Work Order is delayed and/or precluded by reason of illness, act of God, fire, threat, natural disaster, labour strikes, supplier issues or any other like event beyond Malahide's control. 10. Termination and Renewal This Agreement shall only be terminated prior to the expiry of the Term or any renewal thereof if all the parties agree, in writing, to the said termination. The parties may also terminate the Agreement, by written agreement, at the expiry of the Term of any renewal thereof. Notwithstanding the foregoing, the Owner, at it sole option, may terminate this Agreement at the expiry of the Term of any renewal thereof, which date shall be no less than three years from the date of execution hereof, by providing written notice of the said termination to the parties. A party's participation in this Agreement may be terminated upon an event of default as hereinafter defined. Upon termination of this Agreement for any reason, the parties agree that the GIS/GPS system shall remain the property of Malahide. 11. Default lf a party fails to advance moneys as required by this agreement, the same shall constitute default. The parties not in default shall, by written notice delivered personally to the defaulting party, specify details of default and require that it shall be cured within thirty (30) calendar days of the said notice. ln the event the default is not cured within the period specified herein, the defaulting party's participation in this Agreement shall be terminated and the said defaulting party shall forfeit any further rights pursuant to this Agreement. 12. Amendment of Agreement lf at any time during the continuation of this agreement the parties shall deem it necessary or expedient to make any alteration to any clause contained in this agreement, they may do so by a writing signed by them and endorsed on these articles, and all of these alterations shall be adhered to and have the same effect as if they had been originally embodied in and formed part of this agreement. By-Law 2009-123 A By-Law to authorize the execution of a... Page 394 of 405 13. Notice (1) All notices under this agreement shall be in writing, duly signed by the party giving such notice, and effectively given if delivered personally, sent by prepaid courier service, or by facsimile or other telecommunicatíon to the application address set out below: To: The Corporation of the Township of Malahide 87 John Street South Aylmer, ON N5H 2C3 Facsimile: 519-77 3-5334 Attention: To: The Corporation of the Town of Aylmer 46 Talbot Street West Aylmer, ON N5H 1J7 Facsimile: 519-765-1446 Attention: To: The Corporation of the Municipality of Bayham 9344 Plank Road, Box 160 Straffordville ON NOJ 1Y0 Facsimile: 51 9-866-3884 Attention: (2) Any such communication shall be conclusively deemed to have been given and received, if delivered or sent by courier service, on the day of delivery, and if sent by facsimile or other telecommunication, on the day of faxing or dispatch, provided that in any event, such day is a business day and the communication is delivered, faxed, dispatched or sent prior to 4:30 p.m. [EST] on such day, and othenryise such communication shall be deemed to have been given and received on the next business day. Any such communication given in any other manner shall be deemed to have been given and received only upon actual receipt. Any party may change its address for receipt of communications hereunder by giving notice to the other parties hereto in the manner set out above. 14. Governing Law This agreement and the application or interpretation of it shall be governed exclusively by the terms and by the laws of the Province of Ontario and each partner irrevocably attorns to the jurisdiction of the courts of Ontario, By-Law 2009-123 A By-Law to authorize the execution of a... Page 395 of 405 15. Time Time shall be of the essence of this agreement. 16. Headings The headings appearing throughout this agreement shall not form part of this agreement. The parties desire that this agreement be given a broad and liberal interpretation. 17. Severability Each provision of this agreement shall be severable. lf any provision of it is illegal or invalid, the illegality or invalidity shall not affect the validity of the remainder of this agreement. 18. Number and Gender This agreement is to be read with all changes in gender or number as required by the context. 19. Further Acts The parties hereto agree to execute and deliver such further and other documents and perform and cause to be performed such further and other act- and things as may be necessary or desirable in order to give full effect to this agreement and every part thereof. 20. lnterpretation It is the desire of the parties hereto that this agreement be accorded a liberal interpretation consistent with its declared intent and purpose. 21. Waivers No amendment, waiver or termination of this agreement will be binding unless executed in writing by the parties to be bound thereby. No waiver of any provision of this agreement will be deemed or will constitute a waiver or any provision, nor will any such waiver constitute a continuing waiver unless expressly provided for in this agreement. By-Law 2009-123 A By-Law to authorize the execution of a... Page 396 of 405 22. Entire Agreement This agreement constitutes the entire agreement between the parties and supersedes all prior and contemporaneous agreements, understandings and discussions, whether oral or written, and there are no warranties or representations between the parties except as expressly provided in this agreement. 23. Agreement Binding This agreement shall enure to the benefit of and be binding on the respective successors and assigns of each of the parties to it. 24. Gounterparts This Agreement may be executed in any number of counterparts, each of which when so executed shall be deemed to be an original, and such counterparts together shall constitute one and the same instrument. 25. No Partnership No partnership is created by this agreement. Nothing contained in this agreement shall or shall be deemed to constitute the parties as partners nor as agent of the other nor any other relationship whereby either could be held liable for any act or omission of the other. By-Law 2009-123 A By-Law to authorize the execution of a... Page 397 of 405 lN WITNESS WHEREOF this agreement has been executed by the parties as of the date first set forth above. The Corporation of the Township of Malahide Per: , Mayor Per: , CAO/Clerk We have authority to bind the Township. The Corporation of the Town of Aylmer Per: , Mayor Per: , Administrator We have authority to bind the Town. The Corporation of the Municipality of Bayham Per: , Mayor Per: , Administrator We have authority to bind the Municipality. By-Law 2009-123 A By-Law to authorize the execution of a... Page 398 of 405 Schedule "A" - Proportionate Share Time Al location EAST ELGIN MAPPING PARTNERSHIP Novemb er 61 2009 (1) Initial Capital Contribution costs :. Server - 56,671-16. Software licence for server, desktop and GeoCortex - $39,000.00. 8 hours ofconfiguration support - $1,000.00 The total Capital Contribution Cost is 546,671.16 or $15,557.05 for each partner. (2) Equipment Replacement Reserve - Starting in 2010 each partner will annually pay $400.00 as a flat rate fee which will be placed into an equipment reserve fund, so that in 5 years there will be $6,000.00 to purchase a new server. (3) Hourly Rate for Service to recover Technician wages & benefits, training costs, annual maintenance fee on server, desktop and GeoCortex and internet access fee. The maintenance fees for the server, desktop and GeoCortex are effective January l, 2010. The fees are as follows: . 2009 - $40.87/hour. 2009 - overtime rate $55.00/hour. 2010 - $48.48/hour. 2010 - overtime rate $62.30/hour (a) The partners are responsible for purchasing the minimum following hours:. Bayham - I day or 7 hours a week ' Aylmer - I day or 7 hours a week Start November 6,2009 - in 2009 will bill each for 8 weeks x 7 hours : 56 hours In 2010 Bayham and Aylmer will each be billed for 49 weeks x 7 hours : 343 hours (5) Any mileage would be extra, with the 2009 rate being 5Ocentslkm, rate may be adjusted annually. (6) When required to perform tasks where the use of the handheld Tremble GPS by the Technician for data collection purposes, a $10.00/day equipment replacement fee will be charged in addition to all other fees. By-Law 2009-123 A By-Law to authorize the execution of a... Page 399 of 405 By-Law 2009-123 A By-Law to authorize the execution of a... Page 400 of 405 Schedule "C't - Services The following is a listing of the Services that the parties anticipate will be provided and utilized by them in connection with their participation in this Agreement. The list is not comprehensive and the parties acknowledge and agree that the Services will likely change in both form and substance as the GIS/GPS System comes on-line and as the parties evaluate and assess their individual needs vis a vis same. GIS Services 1) On-going maintenance of GIS datasets such as addresses, roads and property information. 2) GIS data creation, maintenance, updating and quality control/quality assurance; 3) GIS data entry, attributing, and metadata creation; 4) Reading and interpretation of maps, blueprints, survey documents and sketches; 5) Global positioning system (GPS) data collection and coordination; 6) Providing technical suppofi and expertise to internal staff and the general public regarding day to day requests for GIS information and analysis. By-Law 2009-123 A By-Law to authorize the execution of a... Page 401 of 405 Schedule ¡'D" - Work Order Form Townehip of ilalahide GIS ïVork Order Form s" Btll Cortr By-Law 2009-123 A By-Law to authorize the execution of a... Page 402 of 405 THE CORPORATION OF THE MI]NICIPALITY OF BAYIIAM BY-LAW 2009-124 BEING A BY-LAW TO FT]RTHER AMEND BY.LAW 2005.102 IMPOSING RATES AI\D F'EES \ilHEREAS the Municipal Act S.O. 2001, Chap. M.25 as amended provides that the Council of a local Municipalitymaybyby-law, impose specific rates and fees to be charged for municipal services. AI\D WIIEREAS the Council of the Corporation of the Municþality of Bayham did by By- law 2005-102 adopt a schedule of rates and fees for municipal services; AND WHEREAS the Council of the Corporation of the Municþality of Bayham did by By- law 2008-024 and2009-104 amend the schedule of rates and fees for municipal services AND WIIEREAS the Council of the Municipality of Bayham now deems it expedient to further amend By-law 2005-102 in regard to the Bayham Community Centre; AND WIIEREAS the Council of the Corporation of the Municipality of Bayham deems it necessary to further amend the schedule of rates and fees for such services; AND \ilIIEREAS Council is desirous that adoption of such amendment be byby-law; THEREFORE TIIE COI]NCIL OF THE CORPORATION OF'THE MTJNICIPALITY OF BAYIIAM ENACTS AS FOLLO\ilS: 1. TIIAT ByJaw 2005-102, Schedule "A", as amended, be further amended to include the following under Community Centre Rental Fees Vienna: o Ma¡tial Arts program all renters $ 35 per 2-3 hour evening schedule. 2. THAT effective upon final passing of By-law 2009-724, the Schedule of Rates and Fees set out in Schedule "A" attached to By-law 2005-702, as amended, shall remain in effect until further amended or rescinded. 2. AND TIIAT in all other respects ByJaw 2005-102 be hereby confirmed. READ A FIRST, SECOND AI\D THIRD TIME AND FINALLY PASSED TIIIS sTH DAY OFNOVEMBER 2009. MAYOR CLERK By-Law 2009-124 A By-Law to further amend By-Law 2005-10... Page 403 of 405 THE CORPORATION OF'THE MTJNICIPALITY OF BAYIIAM BY-LAW NO.2009-125 A BY.LAW TO AMEND BY-LAW 2009.024 BEING AN AGREEMENT \ilITH RAMONA PEIDL FOR THE PROVISION OF'JANITORIAL SERVICES AT THE VIENNA COMMUNITY CENTRE \ilIIEREAS the Council of the Corporation of the Municipality of Bayham did pass ByJaw 2009-024 on March 5, 2009 authorizing the Mayor and Clerk to execute an agreement with Ramona Peidl for the provision of janitorial services for the Vienna Community Centre owned by the Municþality of Bayham; AND WIIEREAS the Council of the Corporation of the Municipality of Bayham and the contractor are desirous of amending this contract; NOW TIIEREFORE THE COT]NCIL OF TIIE CORPORATION OF THE MT]NICIPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. THAT the Agreernent for janitorial services between the Municþality of Bayham and Ramona Peidl be amended as follows to add: Vienna Community Ce,ntre cleaning of the Main Upper Hall following once weekly Martial Arts Activity at a cost of $26; 2. THAT all terms and conditions of the original agreement remain in full force and effect; 3. THAT this by-law shall come into fulI force and effect upon final passing. READ A FIRST, SECOND AI\ID THIRD TIME AND FINALLY PASSED THIS sTH DAY OF NOVEMBER 2009. MAYOR CLERK By-Law 2009-125 A By-Law to further amend By-Law 2009-02... Page 404 of 405 TIIE CORPORATION OF' TIIE MTJNICIPALITY OF BAYIIAM BY-LAW NO.2009-126 A BY-LA}V TO CONF'IRM ALL ACTIONS OF THE COTJNCIL OF TIIE CORPORATION OF THE MT]NICIPALITY OF BAYIIAM FOR TIIE REGULAR MEETING HELD NOYEMBER 5, 2009 IYIIEREAS under Section 5 (l) ofthe MunicipalAct,2001 S.O. 2001, Chapter 2Í,thepowers of a municipal corporation are to be exercised by the Council of the municipality; AND \ilHEREAS under Section 5 (3) of the Municipal Act,200l, the powers of Council a¡e to be exercised by by-law; AND WIIEREAS 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. TIIEREFORE THE COT]NCIL OF THE CORPORATION OF TIIE MT]NICIPALITY OF'BAYIIAM ENACTS AS FOLLOWS: 1. THAT the actions of the Council of the Corporation of the Municþality of Bayham in respect of each recommendation and each motion and resolution passed and other action by the Council at the regular meeting held Novernb er 5,2009 is hereby adopted and confirmed as if all proceedings were expressly embodied in this byJaw. 2. THAT the Mayor and Clerk of the Corporation of the Municþality 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 THIRD TIME and finallypassed this 5th day of November 2009. MAYOR CLERK By-Law 2009-126 A By-Law to confirm all actions of Counc... Page 405 of 405