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HomeMy WebLinkAboutMay 06, 2010 - CouncilCOUNCIL AGENDA THE CORPORATION OF THE MUNICIPALITY OF BAYHAM 9344 Plank Road, Straffordville Thursday, May 6, 2010 7:00 p.m. 7:30 p.m. - Public Meeting - Planning (Zoning) 6:30 p.m. - Committee of Adjustment (Minor Variance) Page 1.CALL TO ORDER 2.DISCLOSURE OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF 3.APPROVAL OF MINUTES AND ADDITION OF AGENDA ITEMS (a)Minutes of the regular meeting of Council held April 15, 2010. (b)Minutes of the budget meeting held April 28, 2010. (c)Added Item(s) 4.DELEGATIONS (a)7:05 p.m. Bruce Pinchin from Shoreplan Engineering Limited regarding Port Burwell Coastal processes study. (b)7:45 p.m. Peter Corfield of Corfield and Associates regarding Master Fire Plan. (c)8:00 p.m. Wanda Hoshal regarding Estherville Cemetery. (d)8:10 p.m. Fran Southwick regarding Vienna property concerns. (e)8:20 p.m. Mat Redsell regarding jobs in Port Burwell. 5.INFORMATION ITEMS (a)Joint Cemetery Board minutes of meeting held April 27, 2010. File: C06 (b)Otter Valley Chamber of Commerce minutes of meeting held April 6, 2010. File: A01 7-18 19-21 23-66 67 69-70 71-72 73-76 Page 1 of 299 Council Agenda May 6, 2010 Page 5.INFORMATION ITEMS (c)Heads Up Alert from Ontario Good Roads Association regarding "OGRA to Manage $750,000 Fund for Municipalities". File: A01 (d)Correspondence received April 26, 2010 from Trans Canada Trail regarding "update on recent developments of the Trail". File: D06 (e)Correspondence dated April 13, 2010 from County of Elgin regarding "County Council approves $54 million budget". File: A16 (f)Correspondence dated April 22, 2010 from Municipal Property Assessment Corporation regarding "2009 Annual Report and Financial Statements". File: A16 (g)Correspondence dated April 29, 2010 from Municipal Property Assessment Corporation regarding "Tentative Settlement with Ontario Public Service Employees Union (OPSEU)". (h)Correspondence dated April 23, 2010 and brochure from Play Works regarding "Youth Friendly Community Recognition Ceremony". File: M02 6.PLANNING, DEVELOPMENT, RECREATION & TOURISM 1.Correspondence and Reports (a)Staff Report D2010-10 regarding Noels Site Plan Agreement / By-law 2010- 046. File: D11.NOELS (b)Staff Report D2010-11 regarding J & S Thiessen Consent Application E7/10. File: D10.10 Thiessen 2.PUBLIC MEETING 1.Public Meeting 77 79-80 81-82 83-86 87 89-93 95-118 119-128 Page 2 of 299 Council Agenda May 6, 2010 Page 1.Public Meeting (a)7:30 p.m. Oakley Rezoning / Draft Zoning By-law Z578-2010 - to change the zoning on a parcel of land from the Agricultural (A1) Zone and Rural Industrial (M2) Zone to the site-specific Rural Industrial (M2-9) Zone as a condition of Elgin Land Division Committee associated with Consent Application E39/09. 2.Declaration of Pecuniary Interest and the General Nature Thereof 3.Staff Presentation (a)Staff Report D2010-09 regarding Oakley Rezoning / Draft Zoning By-Law Z578-2010. File: D14.OAKL 4.Public Comments 5.Council Comments and Questions 6.Adjournment 7.Disposition of Item 7.ROADS, AGRICULTURE & DRAINAGE (a)Staff Report PW2010-03 regarding Closure of Saxton Road south of Nova Scotia Line. File: T09 (b)Staff Report PW2010-04 regarding Landscaping Services - 2010. File: L04 129-148 149-150 151-164 Page 3 of 299 Council Agenda May 6, 2010 Page 7.ROADS, AGRICULTURE & DRAINAGE (c)Correspondence dated March 31, 2010 regarding "Edward R. Bradfield CRS". File: A01 8.PROPERTY, BUILDING & PROTECTIVE SERVICES (a)Building Permit Report for month ending April 30, 2010. File: P10 (b)Staff Report P2010-04 regarding By-Law Yard Maintenance Contract Services 2010. File: P01 (c)Staff Report FD2010-001 regarding Municipality of Bayham's Master Fire Plan. File: P16 (d)Correspondence dated April 1, 2010 from Wanda Gillis, on behalf of the Port Burwell Lakers Baseball team regarding "Port Burwell Baseball Park Concerns". 9.FINANCE, ADMINISTRATION & PERSONNEL (a)Cheque Register being Cheque #8332 to Cheque #8442 inclusive, except Cheque #8264 totaling $420,125.97 and Payroll Disbursements for the period ending April 18, 2010 totaling $53,387.49. (b)Correspondence dated April 20, 2010 from County of Elgin regarding "New Maintenance Agreement for County Roads". File: A16 (c)Staff Memorandum C2010-03 regarding Committee Appointments. File: C12 (d)Correspondence dated April 2010 from Trillium Gift of Life Network regarding "National Organ and Tissue Donation Awareness Week". File: C13 (e)Correspondence received April 28, 2010 from Straffordville Stealth Midget Boys Fastball Team requesting financial support for the 2010 season. File: C13 (f)Staff Memorandum regarding Cemetery Markers - Public Works Yard. File: S09 (g)Staff Memorandum regarding Plank Road Boundaries - Mary Taylor inquiry. File: T06 165 167 169-175 177-228 229 231-249 251 253-254 255 257 259 261 Page 4 of 299 Council Agenda May 6, 2010 Page 10.ENVIRONMENT 11.COMMITTEE OF THE WHOLE (a)In Camera. (b)Closed session minutes of the regular meeting of Council held April 15, 2010. (c)Confidential Memorandum regarding litigation or potential litigation - Claim - Vienna Bridge. (d)Out of Camera. 12.BY-LAWS (a)By-Law 2010-042 A By-Law to further amend By-Law 2010-0001 (Appointing Members to Boards and Committees) (b)By-Law 2010-044 A By-Law to authorize the execution of an agreement (Wilson Lawn Care & Snow Removal) (c)By-Law 2010-045 A By-Law to authorize the execution of an agreement (Froese - Ground Effects Landscape and Design) (d)By-Law 2010-046 A By-Law to authorize the execution of a site plan agreement (Noels) (e)By-Law Z578-2010 A By-Law to further amend By-Law Z456-2003 (Oakley/Noels) (f)By-Law 2009-047 A By-Law to confirm all actions of Council 13.ADJOURNMENT 263 265-276 277-280 281-294 295-297 299 Page 5 of 299 Page 6 of 299 COUNCIL MINUTES THE CORPORATION OF THE MUNICIPALITY OF BAYHÄM 9344 Plank Road, Straffordville Thursday, April 15' 2010 7:00 p.m. The regular meeting of the Council of the Municipality of Bayham was held on Thursday, April 15, 2010 in the Council Chambers. Present were Mayor Lynn Acre, Deputy Mayor CliffEvanitski, Councillors Mark Taylor, Wayne Casier and Ed Ketchabaw, Administrator Kyle Kruger and Clerk Lynda Millard. Fire Chief / By-Law Enforcement Offrcer Gord Roesch and Water Wastewater Superintendent Ed Roloson 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. DISCLOSURE OF'PECT]NIARY INTEREST & THE GENER.{L NATURE THEREOF None. 3. APPROVAL OF MINUTES AND ADDITION OF'AGENDA ITEMS (a) Minutes of the budget meeting held March 30, 2010. 2010-142 Moved by Councillor W Casier Seconded by Deputy Mayor C Evanitski "TIIAT the minutes of the budget meeting held March 30' 2010 be approved as circulated.rr CARRIED UNANIMOUSLY (b) Minutes ofthe regularmeeting of Council held April 1,2010. 2010-143 Moved by Deputy Mayor C Evanitski Seconded by Councillor W Casier 'iTHÄ,T the minutes of the regular meeting held April l,2010 be approved as circulated." CARRIED UNANIMOUSLY (c) Added Item(s) There were no items added to the agenda. Page I of 12 Minutes of the regular meeting of Council held April 15, 2010.Page 7 of 299 Council Minutes 4. DELEGATIONS April 15,2010 (a) 7:05 p.m. - Wanda Hoshal regarding Estherville Cemetery. Honor Wassing substituted as a delegation for Wanda Hoshal Ms. Wassing raised questions in regard to reclaiming markers believed to belong to the Esthersville cemetery when the County of Elgin conducts nearby slope stablilization activities. She provided three pictures of markers located at the public works yard and questioned where they belonged. She commented that the protest group would not be submitting an appeal to the Ontario Municipal Board in regard to the Csinos' rezoning application. Mayor Acre agreed to determine when the County expects to conduct the proposed work. Staff were requested to check if it is known where the markers at the public works yard are from. (b) 7:15 p.m. - Mat Redsell regarding chickens in urban areas. Matt Redsell spoke in support of permitting chickens in the urban areas. (c) 7:25 p.m. - Nelson Olivera from Stantec Consulting Ltd. regarding Richmond rùy'ater System Hydrogeological Assessment. Mr. Olivera, provided a brief overview of the work proposed to meet the requirements of the Ministry of the Envi¡onment for the Richmond Water System and answered pertinent questions from Council. 5. INFORMATION ITEMS (a) Copy of resolution passed March 9, 2010 by the Township of Muskoka Lakes regarding "Mandatory Accessibility Standards". File: ClO (b) Bayham Historical Society minutes of meeting held March 11,2010. File: C06 (c) Elgin Group Police Services Board minutes of meeting held January 20,2010. File: C06 (d) Long Point Region Conservation Authority Full Authority minutes of Annual General Meeting held February 26,2010. File: A16 (e) Lake Erie Region Source Protection Committee minutes of meeting held March 4, 2010. File: E00 Page2 of12 Minutes of the regular meeting of Council held April 15, 2010.Page 8 of 299 Council Minutes April 15,2010 (Ð South West Local Health Integration Network Board of Directors highlights of March meetings. File: S08 (g) Correspondence dated April 9, 2010 from Association of Municipalities of Ontario regarding "AMO Report to Members on March 2010 Board Meeting". File: A0l (h) Conespondence received April 12, 2010 from Association of Municipalities of Ontario regarding "Joint and Several Liabilþ Paper". File: A0l (Ð Conespondence from Ministry of the Environment regarding "Canada-Ontario Agreement Respecting the Great Lakes Basin Ecosystem (COA)". File: M07 1) Copy of conespondence dated April 6,2010 from the Township of Malahide to East Elgin Family Health Team regarding "Doctor Recruihlent". File: S08 (k) News Releases dated March 31 & April 7,2010 from Ontario Provincial Police regarding various items. File: Pl7 (l) Conespondence dated March 31,2010 from Minister of Finance regarding "Harmonized Sales Tax (HST)". File: A16 (m) The Elgin Advantage newsletter dated April 2010 from Elgin Business Resource Cenhe. File: M07 2010-144 Moved by Deputy Mayor C Evanitski Seconded by Councillor W Casier "TIIAT information items 5(a) through 5(m) be received for information.rt CARRIED TINANIMOUSLY 6. PLANNING. DEVELOPMENT. RECREATION & TOURISM 7. ROADS. AGRICULTURE & DRAINAGE (a) Staff Report DR2010-007 regardngEndangered Species Act. File: Ll1 20r0-145 Page3 of 12 Minutes of the regular meeting of Council held April 15, 2010.Page 9 of 299 Council Minutes April 15,2010 Moved by Councillor W Casier Seconded by Councillor E Ketchabaw "TIIAT Staff Report DR2010-007 regarding Endangered Species Act be received; AND THAT an Exemption Agreement be entered into with the MNR as soon as the documents are made available for signing." CARRIED I.INANIMOUSLY 8. PROPERTY. BUILDING & PROTECTIVE SERVICES (a)Building Permit report for the month ending March 31,2010. File: Pl0 20t0-146 Moved by Councillor E Ketchabaw Seconded by Councillor W Casier "THAT Buitding Permit report for the month ending March 31' 2010 be received for information. " CARRIED UNANIMOUSLY Correspondence dated March 31,2010 from Ministry of Communþ Safety and Correctional Services regarding "Master Fire Plan". File: P16 2010-147 Moved by Councillor W Casier Seconded by Councillor M Taylor "THAT correspondence dated March 31, 2010 from Ministry of Community and Safety and Correctional Services regarding Master Fire Plan be received for information." CARRIED UNANIMOUSLY Copy of Master Fire Plan report. P16 2010-r48 Moved by Councillor M Taylor Seconded by Councillor W Casier o) (c) Page 4 of 12 Minutes of the regular meeting of Council held April 15, 2010.Page 10 of 299 Council Minutes April 15,2010 "THAT the Master Fire Plan report be received; AND THAT the plan be referred back to staff for comment." CARRIED UNANIMOUSLY 9. FINAI\CE. ADMINISTR-A.TION & PERSONNEL (a) Cheque Register being Chequ e #8267 to Cheque #833 I inclusive, totaling 5734,474.90 and Payroll Disbursements for the period ending April4, 2010 totaling s49,056.20. 2010-149 Moved by Councillor E Ketchab Seconded by Deputy Mayor C Evanitski "THAT Cheque Register being Cheque #8267 to Cheque #8331inclusive, totaling 5734,474.90 and Payroll Disbursements for the period ending April 4,2010 totaling 549,056.20 be approved.fr CARRIED UNANIMOUSLY (b) Staff Report P2010-03 regarding Natural Gardens / Animal Control Advisory Report #2. File:401 Support for and against the keeping of chickens was discussed. Council raised concems that permitting up to ten chickens per household in an urban area was not supportive of tourist attraction and would undermine aesthetic improvements such as the investrnent in the east beach enhancements and the washroom/change room facility recently completed. It was generally supported that keeping of chickens was more appropriate in the rural areas. 2010-rs0 Moved by Councillor W Casier Seconded by Deputy Mayor C Evanitski "THAT Staff Report P2010-03 regarding Natural Gardens / Animal Control Advisory Report #2 be received; AND TIIAT staff be directed to prepare the necessary amendments to draft ByJaw No. 2009-07L, being a by-law to Regulate and control Animals, generally as recommended by the Natural Garden/Animal Control Advisory Page 5 of 12 Minutes of the regular meeting of Council held April 15, 2010.Page 11 of 299 Council Minutes April 15,2010 Group, for Council consideration." DEFEATED I.JNANIMOUSLY (c) Correspondence dated March 31, 2010 from County of Elgin regarding "Elgin County Official Plan Program - Public Focus Group Participants". File: C12 2010-151 Moved by Councillor E Ketchabaw Seconded by Deputy Mayor C Evanitski *THAT correspondence dated March 31' 2010 from County of Elgin be received; AI\D THÁ,T Sean Hurley and Mat Schafer be appointed to participate in the Public Focus Group for the Elgin County Oflicial Plan Program, pending their acceptance of the appointment." CARRIED TINANIMOUSLY (d) StaffReport C2010-04 regarding Cemetery Care Services Renewal. File: L04 2010-152 Moved by Deputy Mayor C Evanitski Seconded by Councillor E Ketchabaw 'TIIÁ.T StaffReport C2010-04 regarding Cemetery Care Services Renewal be received; TIIAT ByJaw 2010-026, being a byJaw to renew the agreement with Len Froese o/a Ground Effects Landscape & Design for cemetery care services be presented to Council for enactment; TIIAT the Straffordville and Guysboro cemeteries be added to the agreement for additional cemetery care services at a cost of $200 and $120 per cut respectively; AND THAT By-Law 2009-028, being a bylaw to amend and renew the agreement with Len Froese o/a Ground Effects Landscape & Design for the provision of additional cemetery care services, be presented to Council for enactment." CARRIED LTNANIMOUSLY Page 6 of 12 Minutes of the regular meeting of Council held April 15, 2010.Page 12 of 299 Council Minutes April 15,2010 (e) Staff Memorandum regarding Munìcipal Assist¿nce Program - Fee Waivers etc. File: F11 2010-153 Moved by Councillor M Taylor Seconded by Deputy Mayor C Evanitski "TIIAT Municipal Assistance Applications summary 2010 be received; THAT Council approves fee waivers for use of the Straffordville (Bayham) and Vienna Community Centres as follows: 1. Straffordvitle (Bayham) Community Centre use - Optimist Club of Straffordville/Bayham main hall plus kitchen 2 events - SERVE Parents Association main hall2 events - Straffordville Community Committee hall and grounds for two day event plus hall for (6) six more events, parking lot up to three times per year - Straffordville Lioness Club main hall plus kitchen two events - Straffordville Santa Claus Parade Committee (Lions) main hall for 1 event - Otter Valley Chamber of Commerce main hall for 1 event 2 Vienna Community Centre use - Eastern Star - upper hall 10 meetings plus 2 - 3 fundraising events - St Luke's Anglican Church basement with kitchen two times plus Memorial park for two events - Straffordviile Firefighters Assoc. whole hall two events - Vienna Lions Club den with kitchen for 21 meetings,5 events whole hall with prior day set up plus other fundraisers to be announced and two events for Leos - Vienna Lioness Club den with kitchen for 10 monthly meetings and 3 events whole hall with prior day set up plus possible other events to be announced AND THAT the applicable cleaning fee only be paid in accordance with By- law 2005-102 as amended" CARRIED UNANIMOUSLY 20r0-ls4 Moved by Councillor M Taylor Seconded by Deputy Mayor C Evanitski PageT of12 Minutes of the regular meeting of Council held April 15, 2010.Page 13 of 299 Council Minutes April 15,2010 "THAT Council directs areas of municipal assistance support as follows: - Straffordville Community Committee use of Municipal office building for monthly meetings, photocopier and sign, watering, grounds preparation, street banners, parade traffic control, garbage dumpster, picnic tables, cement pad cleaning and repairs, portable washroom facilities, parkette maintenance; - Santa Claus Parade Committee (Lions) parade staff assistance and OId Chapel Street road closure; - Bayham Historical Society use of Municipal office building for monthly meetings, use of Edison Museum for storage, use of photocopier and supplies, one used computer and accessories; - Port Burwell Historical Society parade assistance, road closure' use of beach are4 gazebo, cenotaph, Marine Museum parking lot' portable washroom facility, and paintingof gazebo." CARRIED TINANIMOUSLY 10. ENVIRONMENT (a) Quarterþ Report for the Bayham Water Distribution System and call ins for period ending March 31,2010. File: E08 2010-155 Moved by Deputy Mayor C Evanitski Seconded by Councillor M Taylor "THÄT Quarterly Report for the Bayham \ilater Distribution System and call ins for the period ending March 3lr2010 be received for information.rr CARRIED UNANIMOUSLY (b) Quarterly Report for the Bayham Small Municipal Non-Residential Wells for the period ending March 31, 2010. File: E08 20t0-ts6 Moved by Councillor E Ketchabaw Seconded by Deputy Mayor C Evanitski "THAT Quarterly Report for the Bayham Small Municipal Non-Residential \ilells for the period ending March 31.r20l0 be received for information." CARRIED TINANIMOUSLY Page 8 of 12 Minutes of the regular meeting of Council held April 15, 2010.Page 14 of 299 Council Minutes April 15,2010 (c) Quarterly Compliance Summary for the Port Burwell Wastewater Treatment Plant and call ins for the period ending March 31, 2010. File: E08 2010-r57 Moved by Deputy Mayor C Evanitski Seconded by Councillor E Ketchabaw "THAT Quarterly Compliance Summary for the Port Burwell Wastewater Treatment Plant and call ins for the period ending March 31' 2010 be received for information." CARRIED {.INANIMOUSLY (d) Conespondence received from the Ministry of the Envi¡onment regarding "Bayham (AV/S) Distribution System Inspection conducted on February 17,2010" ' File: E08 2010-158 Moved by Councillor E Ketchabaw Seconded by Deputy Mayor C Evanitski "THAT Bayham (AWS) Distribution System Inspection Report be received for information.'r CARRIED UNANIMOUSLY (e) staff Report 82010-06 regarding Richmond water system Hydrogeological Assessment. File: E08 2010-159 Moved by Councillor E Ketchabaw Seconded by Deputy Mayor C Evanitski *TIIAT Staff Report 82010-06 regarding Richmond Water System Hydrogeological Assessment be received; AND THAT Council retain Stantec Consulting Ltd. to complete ^Hydrogeological Assessment respecting the Richmond Community Water System in accordance with their proposal dated March 31, 2010, with engineering fees at an upset limit of $43'250 exclusive of taxes." CARRIED UNANIMOUSLY Page 9 of 12 Minutes of the regular meeting of Council held April 15, 2010.Page 15 of 299 Council Minutes April 15,2010 Correspondence dated March 30, 2010 from Elgin Area Primary Water Supply System regarding "Elgin Area Primary Water Supply System 2009 Compliance Report". File: 808 2010-160 Moved by Councillor W Casier Seconded by Councillor M Taylor "THAT Elgin Area Primary Water supply system 2009 compliance Report be received for information." CARRIED UNANIMOUSLY Correspondence dated March 24,2010 from County of Elgin regarding "County of Elgin - Dexter Line - Proposed Solution". File: 416 20t0-r6l Moved by Councillor M Taylor Seconded by Councillor W Casier "THAT County of Elgin - Dexter Line - Proposed Solution Report be received for information." CARRIED LTNANIMOUSLY 11. COMMITTEE OF'THE WHOLE (a) In Camera. 2010-162 Moved by Councillor M Taylor Seconded by Councillor W Casier "THAT the Council do now rise to enter into an "In Camera" Session of Committee of the Whote at 8:45 p.m. to discuss: o a proposed or pending acquisition or disposition of land by the municipality or local board; . labour relations or employee negotiations." CARRIED UNANIMOUSLY (Ð (e) Page 10 of 12 Minutes of the regular meeting of Council held April 15, 2010.Page 16 of 299 Council Minutes April 15,2010 (b) Closed session minutes of the regular meeting of Council held April 1, 2010. (c) Conhdential StaffMemorandum regarding labour relations or employee negotiations. (d) Confidential correspondence regarding labour relations or employee negotiations. (e) Confidential discussion regarding proposed orpending acquisition or disposition of land by the municipality. (Ð Out of Camera. 2010-163 Moved by Councillor W Casier Seconded by Councillor M Taylor tt1'¡l{f the Committee of the Whole do now rise from the "In Camera" session at9z02 p.m." CARRIED UNANIMOUSLY 2010-164 Moved by Councillor W Casier Seconded by Councillor M Taylor TTTIIAT Council authorize an honourarium of $1,250.00 be paid to Perry Grant in recognition of his assistance as Acting Fire Chief." CARRIED I.INANIMOUSLY 12. BY-LAWS (a) By-Law 2010-026 A By-Law to authorize the renewal of an agreement (Froese) (b) By-Law 2Ol0-028 A By-Law to authorize the renewal of an agreement (Froese) (c) By-Law 2010-039 A By-Law to amend By-Law 2010-001 (Appointing members to boards and committees) (d) By-Law 2010-040 A By-Law to amend By-Law 2002-009 (Maintenance of Yards) 20r0-t65 Moved by Councillor M Taylor Seconded by Councillor'W Casier "TIIAT By-Laws 2010-026,2010-028,2010-039 and 2010-040 be read a first, second and third time and finally passed." Page 11 of12 Minutes of the regular meeting of Council held April 15, 2010.Page 17 of 299 Council Minutes April 15,2010 CARRIED I]NANIMOUSLY (e) By-Law 2010-041 A By-Law to confirm all actions of Council 20r0-t66 Moved by Councillor W Casier Seconded by Councillor M Taylor 'TTHAT confirming By-Law 2010-041be read a first, second and third time and finally passed." CARRIED UNANIMOUSLY 13. ADJOURNMENT (a) Adjournment 2010-167 Moved by Councillor W Casier Seconded by Councillor E Ketchabaw "THAT the Council meeting be adjourned at 9:05 p.m." CARRIED UNANIMOUSLY MAYOR Page 12 of 12 Minutes of the regular meeting of Council held April 15, 2010.Page 18 of 299 COUNCIL BUDGET MEETING MINUTES THE CORPORÄTION OF THE MUNICIPALITY OF BAYHAM 9344 Plank Road, Straffordville Wednesday, April 28, 2010 7:00 p.m. Present were Mayor Acre, Councillors Mark Taylor, Wayne Casier and Ed Ketchabaw, Administrator Kyle Kruger, Treasurer Denis Duguay and Clerk Lynda Millard. Deputy Mayor Cliff Evanitski was absent. 1. CALL TO ORDER Mayor Acre called the meeting to order at 7:00 p.m. 2. DECLARATION OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF None. 3. 2O1O DRAFT BTJDGET (a) Revised 2010 Draft Budget dated March 30, 2010 as previously circulated (b) 2010 Municipal Assistance Application Straffordville Lions Club 2010-167 Moved by Councillor W Casier Seconded by Councillor M Taylor "THAT the Straffordville Lions Club request for fee waivers at the Straffordville (Bayham) Community Centre den and kitchen for regular bi- monthty monthly dinner meetings, weekly Bingo and 3 annual events be approved; THAT all applicable cleaning fees shall apply." CARRIED UNANIMOUSLY (c) Consideration of Municipal Assistance Applications cash assistance requests (d) Revised 2010 Draft Budget dated April 28,2010. The Administrator circulated the revised draft budget which included unaudited 2009 actuals. He reviewed the changes made by staffto incorporate the requested $142,000 reduction in the capital budget. Several ofthe changes incorporated included increased draws from infrastructure reserves. During discussion it was agreed that the GPS system purchase and installation be removed in favour of upgrades to roads and new sidewalks. Page 1 of3 Minutes of the budget meeting held April 28, 2010.Page 19 of 299 Council Budget Meeting Minutes April28,2010 Incorporating these changes results in a tax rate decrease of 1% from 2009. When the average residential assessment increase of 4.8% is considered, the impact on residential taxes is 3.8% on averase ($36.70 on a $150,000 residence). 2010-168 Moved by Councillor E Ketchabaw Seconded by Councillor M Taylor "THAT the budget dated April28, 2010 be adopted as amended.'r CARRIED UNANIMOUSLY 2010-169 Moved by Councillor W Casier Seconded by Councillor M Taylor 'TTHAT Council provide municipal cash assistance as follows: East Elgin Community Assistance Program (Corner Cupboard) $1'000 Elgin County Plowmen's Association $200 Otter Valley Chamber of Commerce (Interpretive Centre wage) $125 Otter Valley Chamber of Commerce $100 Port Burwell Community Childcare Centre $500 Port Burwell Historical Society $500 Straffordville Community Committee $1,000 Tillsonburt & District Multi-Service $500 lst Straffordville BPSC (Scouts) $500." CARRIED I.TNANIMOUSLY 2010-170 Moved by Councillor W Casier Seconded by Councillor E Ketchabaw "TIIAT Council support the festivals as follows: Eden Car Rally & BBQ $1,500 Edison Fest $1,500 Tub Daze $1,500 Watermelon Fest $1,500." CARRIED TINANIMOUSLY Page2 of3 Minutes of the budget meeting held April 28, 2010.Page 20 of 299 Minutes of the budget meeting held April 28, 2010.Page 21 of 299 Page 22 of 299 Final Report Port Burwell Coastal Processes, Sedimentation and Dredging Review Municipality of Bayham prepared by Shoreplan Engineering Limited March 2010 7:05 p.m. Bruce Pinchin from Shoreplan Engineering Limited regarding Port Burwell Coastal processes study. Page 23 of 299 Shoreplan Engineering Limited 55 Eglinton Avenue E., Suite 800 Toronto, ON Canada M4P 1G8 T) 416.487.4756 F) 416.487.5129 E) mail@shoreplan.com March 31, 2010 Mr. Kyle Kruger Administrator Municipality of Bayham 92344 Plank Road, Box 160 Straffordville ON N0J 1Y0 Dear Sir: RE: Port Burwell Harbour Sedimentation Our File: 09 - 1250 We are pleased to provide this final report presenting our review of the coastal processes, sedimentation patterns and dredging options at Port Burwell Harbour. We thank you for the opportunity to work on this project and would be pleased to provide any further services that you may require. Yours truly, Shoreplan Engineering Limited Bruce Pinchin, P.Eng. Mar 31, 2010 7:05 p.m. Bruce Pinchin from Shoreplan Engineering Limited regarding Port Burwell Coastal processes study. Page 24 of 299 Port Burwell Coastal Processes, Sedimentation and Dredging Review Final Report Municipality of Bayham file 09-1250 i EXECUTIVE SUMMARY Port Burwell has been experiencing an ongoing sedimentation problem since its original construction in the 1830’s. The original east and west pier extensions, the west extension wall and the armour stone breakwater were all constructed to mitigate the sedimentation problem. There are two primary causes: the sediment load coming down Big Otter Creek and the coastal processes acting on the nearshore deposit of sand immediately in front of the entrance piers. Structural solutions were considered as a means of reducing the annual dredging requirements. We determined that there are no practical structural solutions to the portion of sedimentation at the harbour entrance that is due to coastal processes. Extending the armour stone breakwater will not affect the processes acting on the existing harbour deposit. The cost of extending the entrance piers and the likelihood of obtaining approvals for the required volume of infill makes that solution impractical. A potential structural solution for sedimentation within the creek and the portion of the harbour not affected by wave action would be to narrow the channel width by filling. Decreasing the channel cross section will increase the flow velocities, causing a greater amount of the sand to be transported through the harbour. In order for this solution to be effective the channel would have to be narrowed over the entire length of the creek and harbour wherever an increased depth is required. Sand that passes through the narrowed channel will still have to be managed as it exits the harbour. An appropriate channel width or volume fill required cannot be estimated without more detailed analyses. For comparative purposes we estimated that a 20 metre wide channel would require filling in approximately 56% of the existing area. Obtaining approvals for this amount of infilling could be a significant obstacle to overcome. Potential impacts such as potential upstream flooding, ice jams and environmental concerns would need to be studied in greater detail before this type of solution could be seriously considered. An alternative structural solution for the inner harbour would be to construct a sediment trap. This would reduce the dredging area by increasing the channel depth over the area of the trap. The trap must be regularly emptied of sediment to be effective. A sediment trap could potentially be located in the vicinity of the turning basin but the location and size of the sediment trap are dependent on the characteristics of the sediment to be trapped and would require further analysis. Due to the limitations of the structural solutions the best solution to the sedimentation problem at Port Burwell is going to require some type of an on-going dredging operation. To assess the dredging alternatives we have assumed that the average annual dredging requirements will be in the order of 15,000 to 30,000 cubic metres. The uncertainty of that estimate has not been quantified. Sand within Big Otter Creek and the harbour must be removed as part of the dredging operation. Propeller wash dredging could be used to push a channel through the bar outside the entrance piers without actually removing that sand. Hydraulic dredging is generally the most cost effective method when sand must be removed from a problem 7:05 p.m. Bruce Pinchin from Shoreplan Engineering Limited regarding Port Burwell Coastal processes study. Page 25 of 299 Port Burwell Coastal Processes, Sedimentation and Dredging Review Final Report Municipality of Bayham file 09-1250 ii area. If open water disposal near the harbour is an option, then hydraulic dredging of the bar outside the entrance might be cost effective compared to propeller washing. Two types of small hydraulic dredges might be suitable for use at Port Burwell; a small manned cutter section dredge and a remotely controlled agitation dredge. The remotely controlled agitation dredge requires a cable stayed system to operate and that could be a significant disadvantage here. If open water disposal is not permitted then de-watering the dredgate in a land based settling basin will probably be required. That is not expected to be cost effective compared to propeller washing the bar outside the entrance, but it may still be effective for dredging within the harbour as that material must be removed, not just pushed aside. The size of the settling basin required to accomplish hydraulic dredging of the harbour area is related to the physical characteristics of the dredged material as well as the flow rate of the dredged slurry. That information is not available at this time. While it is generally preferred that dredged material be returned to the littoral cell due to the importance of its role in coastal processes that may not be the case at Port Burwell. If the sand causing the sedimentation problem is the size of sub-littoral drift it can probably be removed from the littoral system without impacting downdrift coastal processes. From an operational point of view, the beach updrift of the armour stone breakwater could be a good location for disposing of hydraulically dredged sand. The technical feasibility of placing the dredgate there would need to be confirmed with a detailed sediment transport pathways analysis. The potential environmental and sociological impacts of this type of operation would need to be studied in detail and negotiated with affected stakeholders and approving agencies. The timing that dredging can actually take place will play a major role in determining whether or not a long-term dredging program is feasible for Port Burwell. In-water work is typically restricted from mid March until early to mid July but approximately 45% of the Big Otter Creek sediment load occurs, on average, during March and April. The use of a sediment trap and over-dredging during the allowable working window could be one possible solution to a timing conflict. This report presents a qualitative assessment of the sedimentation problem and possible mitigation measures. It does not include an assessment of potential impacts or necessary approvals. Quantified information has been included only to provide order of magnitude information. It is based on rough assumptions and should be confirmed before any critical decisions are made. The measures discussed in this report will cost more than has been spent on dredging in recent years and likely cost more than has been budgeted for future dredging. Notwithstanding budgetary considerations, this report presents an assessment of long- term maintenance dredging needs at Port Burwell that is as realistic as possible given the limited data available. 7:05 p.m. Bruce Pinchin from Shoreplan Engineering Limited regarding Port Burwell Coastal processes study. Page 26 of 299 Port Burwell Coastal Processes, Sedimentation and Dredging Review Final Report Municipality of Bayham file 09-1250 iii TABLE OF CONTENTS TRANSMITTAL EXECUTIVE SUMMARY ................................................................................................... i  TABLE OF CONTENTS .................................................................................................... iii  LIST OF TABLES ............................................................................................................. iv  LIST OF FIGURES ........................................................................................................... iv  1. INTRODUCTION ................................................................................................... 1  2. PORT BURWELL SEDIMENTATION AND DREDGING HISTORY...................... 2  2.1. Harbour Expansion and Sedimentation History ......................................... 2  2.2. Dredging History ........................................................................................ 5  3. OVERVIEW OF THE SEDIMENTATION PROBLEM at PORT BURWELL .......... 7  4. MITIGATION ALTERNATIVES ........................................................................... 10  4.1. Structural Solutions ................................................................................. 10  4.1.1. Big Otter Creek Modifications ..................................................... 10  4.1.2. Entrance Structure Modifications ................................................ 13  4.1.3. Existing Breakwater Modifications .............................................. 14  4.2. Dredging Considerations ......................................................................... 14  4.2.1. Small Manned Dredges .............................................................. 16  4.2.2. Remote Controlled Mini Dredges ................................................ 17  4.2.3. Discharge Options ...................................................................... 18  4.2.4. Timing ......................................................................................... 20  4.3. Potential Impacts ..................................................................................... 20  4.4. Financial Implications .............................................................................. 20  5. FURTHER ANALYSIS ......................................................................................... 21  6. SUMMARY .......................................................................................................... 22  7. CONCLUSIONS .................................................................................................. 26  References ...................................................................................................................... 27  7:05 p.m. Bruce Pinchin from Shoreplan Engineering Limited regarding Port Burwell Coastal processes study. Page 27 of 299 Port Burwell Coastal Processes, Sedimentation and Dredging Review Final Report Municipality of Bayham file 09-1250 iv LIST OF TABLES Table 3.1 Entrance Channel Volumes .............................................................................. 9  LIST OF FIGURES Figure 1 Site Plan ............................................................................................................ 29  Figure 2 Contours from June 1999 Sounding Survey .................................................... 30  Figure 3 Contours from August 2003 Sounding Survey ................................................. 31  Figure 4 Location of WSC Calton Gauge ....................................................................... 32  Figure 5 Big Otter Creek Total Daily Sediment Load at WSC Calton Gauge ................ 32  Figure 6 Daily Distribution of Total Sediment Load ........................................................ 33  Figure 7 Turning Basin Area Filled in 1992 .................................................................... 33  Figure 8 Outline of 2000 Proposed Dredge Area ........................................................... 34  Figure 9 1999 and 2003 Profiles at Harbour Entrance ................................................... 35  Figure 10 Possible Sediment Trap Locations ................................................................ 36  Figure 11 Concept Design for Wheatley Harbour .......................................................... 37  Figure 12 Rotomoite 6000 Hydraulic Dredge ................................................................. 38  Figure 13 Piranha Pumps Mini-Dredge .......................................................................... 38  7:05 p.m. Bruce Pinchin from Shoreplan Engineering Limited regarding Port Burwell Coastal processes study. Page 28 of 299 Port Burwell Coastal Processes, Sedimentation and Dredging Review Final Report Municipality of Bayham file 09-1250 1 1. INTRODUCTION Shoreplan Engineering Limited was retained by the Municipality of Bayham to carry out a review of siltation patterns and dredging options at the Port Burwell harbour. The purpose of this study was to conduct a qualitative assessment of the existing sedimentation problem and to investigate potential structural modifications to the harbour entrance to alleviate the high maintenance dredging requirements. Our assessment is based on existing information collected from local accounts, government records and past studies. We did not carry out any new analyses of the coastal conditions or river hydraulics and sediment loads. Port Burwell is located on the north central shore of Lake Erie at the outlet of the Big Otter Creek. The harbour area was originally developed in the mid 1800’s and various expansions took place until the early 1930’s. Figure 1 presents a site plan of the harbour area as depicted on the 1983 Ontario Base Maps. Site conditions have changed somewhat since 1983 with the biggest differences being the position of the beach east of the harbour and partial filling of the turning basin of the inner harbour. 7:05 p.m. Bruce Pinchin from Shoreplan Engineering Limited regarding Port Burwell Coastal processes study. Page 29 of 299 Port Burwell Coastal Processes, Sedimentation and Dredging Review Final Report Municipality of Bayham file 09-1250 2 2. PORT BURWELL SEDIMENTATION AND DREDGING HISTORY Port Burwell has experienced an ongoing sedimentation problem since its original construction. This section provides a brief history of the sedimentation and past dredging activities at the harbour. The information presented here was obtained from a combination of sources including maintenance files kept by Small Craft Harbours Branch; discussions held with Mr. Larry Martin, a retired commercial fisherman with knowledge of the local history; and reports prepared as part of a major study of coastal processes at Port Burwell. The coastal processes studies were carried out in support of the defense of a legal claim initiated by a group of landowners to the east. 2.1. Harbour Expansion and Sedimentation History It has been recognized since 1830 that the projection of piers from the north-central shoreline of Lake Erie results in the rapid accretion of beaches and shoals and sedimentation of the entrance. Furthermore, the response of harbour engineers to this phenomenon has, from the beginning, been to extend the jetties, from time to time, to prevent the harbour entrances from being engulfed. Each such extension increased the capacity of the structure to accumulate sediment. The fillet beach updrift of the pier and the bypassing shoal that forms along and beyond the end of the pier are collectively referred to as the harbour deposit. The original harbour structures at Port Burwell were constructed in the 1830’s and until 1903 they were approximately the size of the structures currently found at Port Bruce, a community approximately 17 kilometers west of Port Burwell. A major expansion of the harbour structures was initiated in 1911 and progressed as a series of extensions. The last extension was the construction of the armourstone breakwater as it is found today. That work was completed in 1930. As part of his analysis of the harbour deposits at Ports Bruce, Stanley, and Burwell, Philpott (1983a) concluded that the Port Burwell structures were fully bypassing littoral sediments in 1896. It was found that although piers had been present since about 1830, relatively little deposition had occurred up to 1896. The harbour deposit at Port Burwell was relatively small prior to the 1911 pier extensions. It was estimated that by 1979, which was the end year of the harbour deposit analysis period, the total volume of the harbour deposit at Port Burwell was in the order of 44 million cubic metres. The submerged part of the deposit extended over 3 km out from the shore and about 8 km alongshore. The alongshore distance includes a tongue which projected to the southeast about 3.5 km beyond the end of the breakwater. Of the total volume of the deposit 40%, nearly 17 million cubic metres, was in the tongue to the east of the line of the breakwater. Philpott (1983a) concluded that the littoral sediment was bypassing the harbour but it was not possible to determine what percentage was bypassing and what percentage was adding to the harbour deposit. Local accounts note that while there used to be deep water east of the pier that area has now shallowed significantly for a distance in the order of 1 mile (1.6 km). During 7:05 p.m. Bruce Pinchin from Shoreplan Engineering Limited regarding Port Burwell Coastal processes study. Page 30 of 299 Port Burwell Coastal Processes, Sedimentation and Dredging Review Final Report Municipality of Bayham file 09-1250 3 westerly and southwesterly storms a large gyre forms to the east side of the harbour due to the alongshore current deflection caused by the armour stone breakwater. The gyre extends more than a kilometer to the east and deposition is still taking place within the area covered by the gyre. It was also noted than when the harbour entrance was dredged to the seaway depth in the 1960’s, freighters used to turn around in the area adjacent to and east of the west extension wall (see Figure 1). That area has now filled such that the depth is less than 1 metre. At the same time there was approximately 2 metres of water on the west side of the west extension wall. That area is now part of the subaerial beach fronting the Provincial Park. Alongshore sediment transport rates on the north shore of Lake Erie are supply limited. The supply of sediment to the nearshore zone is less than that which could be transported by the available wave energy. When this is the case, alongshore transport rates are estimated through a sediment budget, an accounting of the sediment sources and sinks within the nearshore zone. Philpott (1983b) prepared a very detailed sediment budget covering the north central shore of Lake Erie, from Rondeau to Long Point, as part of the 1983 Port Burwell shoreline damage litigation. For a sediment budget the shoreline is divided into a number of segments or reaches and the sediment sources and sinks of each segment are determined. The volumetric differences between these sources and sinks are assumed to be transported alongshore. The net alongshore sediment transport rate at any point is found by summing the alongshore transport rates from all shoreline segments updrift of that point The Philpott (1983b) sediment budget grouped all grain sizes of sediment entering the nearshore zone into one of four size categories; shingle, littoral drift, sub-littoral drift, and washload. The grain size categories were determined on the basis of the behaviour of that size of material once it enters the nearshore zone. Shingle consists of gravel and pebble which, under most conditions, remain close to the toe of the bluff or to the face of a beach. Littoral drift consists of coarse to medium sand which generally remains within or close to the normal breaker zone. This is the main beach building material for the beaches found on Lake Erie. Sub-littoral drift consists of fine and very fine sand which is transported beyond the normal breaker zone. It is deposited during periods of high lake level and transported alongshore at lower lake levels. This material may contribute to, but does not alone form, beaches. Washload consists of silt and clay particles which are too fine to remain permanently in the nearshore zone and are eventually lost to deep water at the centre of the lake. Reviewing the Philpott (1983b) sediment budget data for 1936 to 1977, we estimated the average annual alongshore supply of littoral and sub-littoral sediments at Port Burwell to be approximately 450,000 cubic metres per year. That assumes that the Port Stanley breakwater is essentially bypassing littoral and sub-littoral sediments. Philpott (1983a) estimated that the Port Burwell harbour deposit volume was increasing at an average annual rate of approximately 700,000 cubic metres per year from 1941 to 1979. That rate is about 50 % higher than the estimated alongshore supply rate for littoral and sub- littoral sediment, indicating that there are other sediment sources. The Big Otter Creek sediment load accounts for some of that. As part of a Levels of Service Review carried out in 2006, the Canadian Coast Guard noted “The deepest known draft of vessels using this harbour is between five and six 7:05 p.m. Bruce Pinchin from Shoreplan Engineering Limited regarding Port Burwell Coastal processes study. Page 31 of 299 Port Burwell Coastal Processes, Sedimentation and Dredging Review Final Report Municipality of Bayham file 09-1250 4 feet. These vessels literally plough and dredge their way through the sand bottom in the approach area to get in and out of the harbour. The deepest draft that can safely navigate in the entrance of this harbour on a calm day in early summer is about two feet. Area boaters with local knowledge and taking extra cautions may be able to transit with deeper draft vessels safely. Later in the season when water levels fall or when wind negatively affects the water levels, even these vessels may have trouble.” During the late 1970’s and early 1980’s the Village of Port Burwell operated a hydraulic dredge as part of an entrance dredging program. During one operation sand was removed from the entrance and placed on the shoreline east of the east pier in order to increase the size of the beach. It is reported that shortly after the beach nourishment was finished, a southeasterly storm moved most of the sand back in front of the harbour entrance, essentially undoing the dredging work. Figures 2 and 3 show contour plots developed from 1999 and 2003 sounding surveys of the entrance area superimposed on 2006 aerial photographs supplied by the Municipality. The surveys were undertaken by the Canadian Hydrographic Service. The areas contoured on Figures 2 and 3 are limited to the areas covered by the respective sounding surveys. The 1993 survey only extended as far north as the south end of the turning basin. The 2003 survey extended beyond the harbour area, to a point just north of the bridge. The contours show bottom elevations at or near chart datum adjacent to the harbour entrance. The deposition is so severe that the littoral sediment transport processes near the harbour entrance are similar to those on a fully developed beach. While the piers were originally extended out to a depth of almost 8 metres the system now responds as if they had been extended just beyond the waterline on a beach. A significant proportion of the sedimentation that takes places within the harbour itself is due to sand transported down Big Otter Creek. The Long Point Region Conservation Authority reports that the Big Otter Creek is the biggest source of fluvial sediment on the north shore of Lake Erie. Almost half of the annual sediment load occurs during March and April. It was noted that after last year’s spring freshet, deposits of sand 6 to 8 inches deep could be observed on top of the grass within the creek’s floodplain south of the bridge where the normal bank had been overtopped Historical suspended sediment concentration and total load data was obtained for Big Otter Creek from the Water Survey of Canada (WSC) station upstream at Calton. Figure 4 shows the location of the WSC Calton gauge relative to Port Burwell. The gauge site is approximately 17 kilometers upstream of Port Burwell so the WSC sediment data will underestimate the actual sediment loads that reach the harbour area. For the period of available data (1976 to 1996) it was found that the long-term average daily load was 410 tonnes. Annual loads ranged from a minimum of 35,000 tonnes in 1989 to a maximum of 258,000 tonnes in 1982, with a mean of 149,000 tonnes. Figure 5 shows a plot of the daily total load values from 1976 to 1996. It can be seen that the loading is very episodic and not evenly distributed throughout the year. Figure 6 shows the daily distribution of the total sediment load for the data available. This plot shows that the highest loading occurs in March and April (approximately 45% of the annual total). The base loading is relatively low from May to October with about 25% of the total load occurring during that 6 month period. It then increases during November and 7:05 p.m. Bruce Pinchin from Shoreplan Engineering Limited regarding Port Burwell Coastal processes study. Page 32 of 299 Port Burwell Coastal Processes, Sedimentation and Dredging Review Final Report Municipality of Bayham file 09-1250 5 December with about 10% of the annual load occurring in each of those months. Individual peaks are likely associated with distinct rainfall events. Aquafor Beech (1996) reviewed available sediment distribution data from the WSC Calton station and estimated that approximately 25-30% of the suspended sediment being transported down Big Otter Creek was sand and the remaining 70-75% was composed of fine silts and clays. For a rough approximation it is not unreasonable to estimate that most of the sand but only a small amount of the silt and clay transported to Port Burwell will contribute to the sedimentation problem. If we account for 75 to 95% of the sand and 5 to 20% of the silt and clay load measured at Calton, Ignore the contribution of sediment eroded between Calton and Port Burwell and neglect possible bedload, that gives approximately 30,000 to 60,000 tonnes of sediment per year (15,000 to 30,000 cubic metres), over the long-term average. That could be a low range of estimates as sediment is probably also introduced downstream of the Calton gauge site. Possible contributions of bedload transport at the gauge site were not quantified. 2.2. Dredging History Dredging has been required at Port Burwell for almost as long as the harbour has operated. Small Craft Harbours’ (SCH) expenditure book shows an expenditure that “includes dredging” for the 1876-1877 fiscal year. As part of his analysis of the harbour deposits, Philpott 1983a estimated that by 1979 more than six million cubic metres of sediment had been dredged from the entrance to Port Burwell. Up until the 1960’s the Port Burwell was essentially a heavy duty port for industrial and commercial shipments and a “seaway” depth of 22 feet below datum (6.7 metres) was maintained at the entrance and in the harbour. By 1970 the commercial traffic had reduced to the point that a decision was made to relocate the existing commercial traffic to Port Stanley because of the high cost of the maintenance dredging. A 1977 review by Public Works Canada showed that from 1900 to 1970 an average rate in excess of 100,000 cubic metres per year of sediment had to be dredged in order to maintain the 6.7 metre seaway depth. It was also estimated that approximately 50,000 cubic metres of dredging would be required to maintain an entrance depth of 10 feet with a harbour depth of 8 feet (3.0 and 2.4 metres, respectively). Those shallower depths were based on use changes since 1970. It was estimated that the annual cost of carrying out that dredging would be $260,000. In 1977 the Village of Port Burwell agreed to take over future dredging of the harbour and entrance and was provided a grant to assist in the purchase of a 10” cutter suction dredge. By 1979 the Village had concluded that the effort required to carry out that dredging was beyond their means and they requested that the Federal Government resume responsibility for the dredging. In 1984 the Village formally notified the government that they could no longer carry out the recurring dredging. Various modest dredging efforts were undertaken in the years following with the most recent dredging taking place in 2009. Dredging was planned for 2005 but not carried out because the tendered costs were far higher than had been estimated. The last dredging prior to that was carried out 1999 and 2000. 7:05 p.m. Bruce Pinchin from Shoreplan Engineering Limited regarding Port Burwell Coastal processes study. Page 33 of 299 Port Burwell Coastal Processes, Sedimentation and Dredging Review Final Report Municipality of Bayham file 09-1250 6 In 1992 the harbour area was dredged with a dragline and dredgate was placed within the “turning basin” area of the harbour. The turning basin had already filled in significantly since the seaway depth dredging had stopped, and the area was described as marshy. Dredgate was placed up to an elevation equal to the top of the west pier wall, effectively narrowing the width of the channel past the turning basin. This was done to reduce the channel cross-section and consequently increase the natural channel depth in the absence of further dredging. When asked if it had lead to a long-term deeper channel we were told that it certainly didn’t hurt, but most people believe the channel should have been narrowed further. Figure 7 shows the location of the turning basin and the narrowed channel. The outlined fill area in Figure 7 is approximately 1.3 hectares (3.2 acres) in size. The 1999 dredging was completed using propeller washing lakeward of the piers and a dragline within the harbour entrance. The area dredged by the dragline was adjacent to the west pier (as labeled on Figure 1) Approximately 6,400 cubic metres of sand were removed from an area starting at the south end of the west pier, extending approximately 130 metres northward and 15 metres out from the pier. The dredgate was initially stockpiled and dried on the land adjacent to the west pier, and then trucked away. It is our understanding that this dredging was carried out as one of the conditions of a real estate transfer and was intended to improve access into what is known as the “gas company” property. The propeller washing extended out from the ends of the piers in a southeasterly direction. An anchored work boat was used to excavate a trench with the washing action of its modified propeller. The results of the propeller wash dredging can be seen on the contour plot of Figure 2. The following year Talisman Energy Inc carried out additional dredging to improve access to the dock wall along the edge of their property. Figure 8 shows an outline of a trench where it was estimated that approximately 27,000 cubic metres would be removed by dredging to a depth of about 3 metres. We do not know the extent of the trench actually dredged but the description of what was done is consistent with the proposed program. All of the dredging was performed using a long-arm excavator. Sand excavated from between the east and west piers was stockpiled on the land adjacent to the wall, dried and removed. Excavation beyond the ends of the piers was accomplished by building a “road” out of the dredged sand and extending it along the edge of the trench as work progressed south. That sand was placed in the shallows west of the trench, between the trench and the west extension wall. This “open-water” placement is known as side casting and is no longer readily approved if it is viewed as infilling fish habitat. The trench visible in Figure 3 is probably the remains of the trench excavated in 2000. No additional formal dredging was carried out until 2009. Some propeller washing was done by the larger boats using the harbour but this was done on an informal basis. In 2009 the work boat used in the 1999 propeller washing was again used to cut a channel out beyond the east pier. The amount of dredging done was limited by budget so the sand was just pushed out of the way to make the channel. The moved sand was left in piles rather than being fanned out. 7:05 p.m. Bruce Pinchin from Shoreplan Engineering Limited regarding Port Burwell Coastal processes study. Page 34 of 299 Port Burwell Coastal Processes, Sedimentation and Dredging Review Final Report Municipality of Bayham file 09-1250 7 3. OVERVIEW OF THE SEDIMENTATION PROBLEM at PORT BURWELL Port Burwell experiences a high sedimentation rate because of the ready supply of sand material near the harbour. Sediment is supplied by both littoral transport (Lake Erie shoreline) and Big Otter Creek. It was noted in Section 2.1 that Big Otter Creek has been cited as being the largest single source of fluvial sediment on the north shore of Lake Erie. Our rough estimates suggest that in the order of 15 to 30 thousand cubic metres per year of fine sediment (mostly sand) from the creek could be deposited in the harbour and entrance. That estimate is based on total sediment load data derived from suspended sediment concentration measurements upstream of Port Burwell. Possible contributions of bedload transport at the measurement site were not quantified. Water depths in Big Otter Creek and within the harbour, but north of the entrance, appear to be the result of equilibrium conditions for the channel cross-sections, the long- term flow rates and the sediment supply rate. Changes in the water depth can be seen in locations where those conditions have changed. For example, a depositional zone can be seen near the north end of the turning basin in Figure 3. That deposition is most likely caused by a decrease in the flow velocity associated with an increase in the channel cross-sectional area. Sand that is suspended in the water column at higher flow velocities settles out when the velocity decreases. Figure 3 also shows two locations on the creek with localized increases in depth. One is one the outer edge of the bend in the creek north of the harbour area. That increase in depth is associated with scour along the base of the steel pile wall where flow velocities are increased due to the bend. The second location is the “hole” a short distance south of the bridge. The reason for that hole is not known for certain, but there is a reasonable chance that it the result of a scour hole caused by an ice jam during the spring breakup. We were told about an ice jam that caused a 15 foot scour hole in that location. The year that occurred was not known for certain, but it was around 2003. Sedimentation between the piers but close to the entrance is likely caused by both fluvial and littoral processes. Under certain wave conditions sediment from the shoal in front of the entrance will be pushed up the entrance channel. The distance that sand will get transported is a function of water level, wave conditions and creek flow rate. The direct cause of sedimentation just outside the harbour entrance is wave induced sediment transport that occurs mostly during southerly through to easterly wind conditions. Westerly and southwesterly winds produce the waves that cause the net transport of sediment to Port Burwell but they are expected to be less significant at the actual harbour entrance due to the sheltering of the armour stone breakwater. It would take a detailed wave and sediment transport analysis to determine which wave conditions cause the greatest transport, but that knowledge is not required for this qualitative assessment. It was noted in Section 2.1 that the area offshore of the pier ends and the west extension wall has filled in significantly since dredging to the seaway depth was stopped. If dredging were to completely cease at Port Burwell the infilling would continue until the sand deposit was at equilibrium with the long-term average sediment supply rates and 7:05 p.m. Bruce Pinchin from Shoreplan Engineering Limited regarding Port Burwell Coastal processes study. Page 35 of 299 Port Burwell Coastal Processes, Sedimentation and Dredging Review Final Report Municipality of Bayham file 09-1250 8 zone of influence of the breakwater. Anecdotal evidence that the water depth east of the entrance is still shallowing suggests that equilibrium has not yet been reached. Figure 9 shows representative profiles near at the harbour entrance derived from the 1999 and 2003 sounding data presented previously (see Figures 2 and 3). The dashed line portions of the profiles represent the assumed bottom slope extrapolated from the surveyed data. The key map included in Figure 9 shows the location of the profile line at the harbour entrance. The first 130 metres of the profile are located between the east and west piers. Figure 9 also shows the range of typical mean monthly water levels and cut lines for two different dredging depths. The range of water levels represents the long-term average high and low mean monthly water levels on Lake Erie. Actual water levels at any time may be higher or lower than the range shown on Figure 9 due to annual differences from the long-term mean and due to shorter duration water level fluctuations caused by wind and waves. Dredge depths of 7 feet (2.1m) and 10 feet (3.0m) were selected for Figure 9 as those represent the typical depths considered in the most recent dredging projects. The dredge cut lines were positioned to give desired draft at the low long-term mean monthly water level of 174.0 m IGLD, which is 0.5 metres above chart datum. Approximate entrance channel volumes were calculated assuming a 15 metre wide channel and the typical cross-sections shown in Figure 9. Channel volumes for the portions of the profile between the piers and beyond the piers are shown in Table 1. These are rough approximations of the channel volume that would need to be dredged but are appropriate for a qualitative assessment of dredging requirements. We did not carry out any site specific sediment transport calculations but it is our expectation that any channel excavated through the existing sand deposit at the entrance is likely to be filled back in within a relatively short time period. Absent any flushing associated with the Big Otter Creek outflow, we would expect a 7 to 10 foot deep channel to fill back in over the course of 1 or 2 average years. A severe easterly storm with a return period in the order of 5 to 10 years could have the potential to fill the channel back in during the course of the storm. Whether creek outflow would increase a channel’s sustainability because of scouring action of the flow or would decrease its sustainability because of the creek sediment load cannot be estimated without a more detailed analysis. It is known that the creek outflow can cause noticeable changes to the creek bed and to the lake bed near the harbour entrance. It is reported that noticeably deeper water can sometimes be found along the edges of the piers due to scour. An ice jam during the 2009 spring flooding caused the scouring of a hole 18 feet deep “about half way up” the west pier. The depth at that location is reported now to be about 5 feet. Figure 2.1 shows an approximately 2.5 metre deep hole near the end of the east pier in 2003. The causes of that hole are not known but outflow scour and wave reflections from the east pier are real possibilities. 7:05 p.m. Bruce Pinchin from Shoreplan Engineering Limited regarding Port Burwell Coastal processes study. Page 36 of 299 Port Burwell Coastal Processes, Sedimentation and Dredging Review Final Report Municipality of Bayham file 09-1250 9 Table 1 Entrance Channel Volumes Channel Volumes (m 3) 1999 survey 2003 survey average 1999 & 2003 Dredged channel for 7 foot draft between piers 1,500 700 1,100 outside piers 3,100 2,500 2,800 total volume 4,600 3,200 3,900 Dredged channel for 10 foot draft between piers 3,300 2,500 2,900 outside piers 7,800 7,000 7,400 total volume 11,100 9,400 10,200 7:05 p.m. Bruce Pinchin from Shoreplan Engineering Limited regarding Port Burwell Coastal processes study. Page 37 of 299 Port Burwell Coastal Processes, Sedimentation and Dredging Review Final Report Municipality of Bayham file 09-1250 10 4. MITIGATION ALTERNATIVES This section of the report discusses mitigation alternatives that could be applied to the sedimentation problem at Port Burwell. We examine both dredging alternatives and possible structural modifications that could be implemented to decrease the dredging requirements. Our review of dredging alternatives is limited as the objective of our study was to consider potential modifications to the harbour entrance structures. 4.1. Structural Solutions As noted in Section 3, there are two main sources of sediment that are contributing to the problems at Port Burwell; silt and fine sand transported down the Big Otter Creek and littoral drift moved along the shore of Lake Erie. Different structural solutions would be required to deal with each sediment source. 4.1.1. Big Otter Creek Modifications In section 3 we noted that the water depths in Big Otter Creek and most of the harbour area appear to be the result of equilibrium conditions for the channel cross-sections, the long-term flow rates and the sediment supply rate. Within the context of this study we must assume that changing the long-term flow and sediment supply rates are not an option. That leaves changing the channel cross-section as the only structural solution to the sedimentation caused by Big Otter Creek. We have considered two methods for modifying the channel cross section: 1) narrowing the channel through the entire problem area, and 2) constructing a sediment trap by deepening the channel near the turning basin. Each of those methods is discussed separately below. Narrowing the Channel Narrowing a channel to increase the flow velocity and hence the sediment carrying capacity of the flow is a “standard” solution to sedimentation problems in an open channel. The purpose of narrowing the channel is to cause or maintain the transport of sand that is currently depositing on the creek bed. That sand can be transported as either bedload or suspended sediment. The flow rates required to keep the sand moving is a function of the grain size of the sand that is to be transported. That in turn will be related to both the size of the material currently on the creek bed as well as the sand supplied from upstream. It is assumed that silt and clay will mostly remain in suspension throughout the harbour area and will settle within the lake. In order for this solution to be effective the channel would have to be narrowed over the entire length of the creek and harbour where an increased depth is required. 7:05 p.m. Bruce Pinchin from Shoreplan Engineering Limited regarding Port Burwell Coastal processes study. Page 38 of 299 Port Burwell Coastal Processes, Sedimentation and Dredging Review Final Report Municipality of Bayham file 09-1250 11 Determining an appropriate channel width requires a level of analysis well beyond the scope of this study. However, as a rough approximation we can examine the channel section near the bend in the creek above the turning basin. Measuring from the 2006 orthophotos we can see that the narrowest part of the creek south of the bridge is just south of the bend and has a width of approximately 27 metres. At the middle of the bend where scouring occurs along the base of the steel pile wall, sedimentation appears to be taking place on the inside of the curve. Accounting for that sedimentation the effective channel width appears to be in the order of 20 metres. A starting point for an analysis of a reduced channel width could therefore be a width of 20 metres. This estimate is made without any actual cross-sections, flow information or site specific sediment load data. The centre line length of Big Otter Creek from the bridge to the end of the piers is approximately 1,100 metres. A 20 metre wide channel would therefore occupy a surface area of 22,000 square metres. From the 2006 orthophotos the existing creek and harbour area over that length was estimated to be approximately 50,000 square metres. Narrowing the creek to a width of 20 metres would therefore require filling approximately 28,000 square metres (2.8 hectares or 6.9 acres), or 56% of the existing area. The volume of fill required to accomplish that cannot be estimated without cross-sectional data. It is reasonable to assume a narrowed channel will have its new banks protected against erosion. The most cost effective means of doing this would be to line the bank with rip- rap. Depending upon the fill material used to narrow the creek, a geotextile material could be required beneath the rip-rap. For the purpose of this report (qualitative not quantitative assessment) we have assumed that bank protection would need to be 4 metres high, only 1 bank would require protection (due to existing walls) and could be protected with a 60 cm thick layer of rip rap with underlying geotextile. The cost of the bank protection would be in the order of $400,000 to $500,000. The cost of placing the fill required to narrow the creek would be in addition to this. It must be noted that the above discussion is provided as part of a qualitative assessment and the numbers presented can only be viewed as having order of magnitude accuracy. The quantities and costs were estimated to provide some context to the discussion but should not be relied upon for any critical decision making. A more detailed analysis with site specific data would be required to prepare proper quantity and cost estimates even at a concept level of analysis. It must also be noted that there are potential major impacts associated with this type of work including the environmental aspects of filling a creek, such as terrestrial and aquatic habitat impacts, the potential for upstream flooding and the potential for increased ice jamming. Each of these potential impacts would need to be studied in greater detail before this type of solution could be seriously considered. Obtaining approvals for this amount of infilling could be a significant obstacle to overcome. 7:05 p.m. Bruce Pinchin from Shoreplan Engineering Limited regarding Port Burwell Coastal processes study. Page 39 of 299 Port Burwell Coastal Processes, Sedimentation and Dredging Review Final Report Municipality of Bayham file 09-1250 12 Constructing a Sediment Trap A sediment trap is used to remove excess bedload from a river, stream or creek. When combined with a change in channel cross section designed to induce settlement it can also be used to remove suspended settlement. In order to function properly a sediment trap must be regularly “emptied” by removing the sediment that has accumulated. For Port Burwell we have assumed that removal would be accomplished by dredging the trap area. More complex sediment traps with diversion channels can be constructed to allow the trap to be cleaned with earth moving equipment. If a sediment trap is given serious consideration for this site then different methods of clearing the trap should be investigated. The location and dimensions of the area to be used for the trap would depend upon the size of the particles that need to be trapped and their primary mode of transport. If only bedload needs to be trapped then the sediment trap could be smaller than one designed to trap what is suspended load at the upstream end of the trap. If suspended sediment must also be trapped then the sediment trap has to have appropriate dimensions that allow the targeted grain sizes to settle out of suspension as the flow passes through the trap. Different sizes of sand have different settling velocities so the trap dimensions are dependent upon the sediment and hydraulic characteristics of the creek. A detailed flow and sediment transport analysis would be required to determine this information. The main advantage of a sediment trap at this site is that it defines a fixed area for dredging. For example, if it were to be determined that only bedload needed to be removed from the creek then it might be possible to create a sediment trap by using a crane mounted slurry pump at one or two fixed locations along the harbour wall. A settling pond would need to be constructed to deal with the slurry pumped out of the harbour. A sediment trap could be constructed by dredging within the turning basin where deposition has already been noted (see Section 3). For example we have developed two concept locations for a sediment trap, as shown in Figure 10. Each of those traps has an area of approximately 15,000 square metres (1.5 hectares). For an average annual sediment load of 15,000 to 30,000 cubic metres per year (as discussed in Section 2.1) a depth of 1 to 2 metres, respectively, would need to be removed from the trap each year. The trap at the north end of the turning basin (left side of Figure 10) is positioned over the area where it appears that sedimentation already takes place. Placing the trap here will produce greater water depths further up the channel than will be achieved by the southerly trap, but it is not expected to improve conditions as far north as the marina. It is also possible that sediment that is not trapped could still cause depositional problems downstream of the trap. That possibility cannot be assessed without additional details of the creek hydrology and sediment characteristics. The south end of the trap on the right hand side of Figure 10 is positioned at the south end of the turning basin. The “width” of the south end of the trap area shown is 20 metres, which is the same width considered for the channel narrowing option discussed above. Narrowing the entrance channel from the south end of the sediment trap to the 7:05 p.m. Bruce Pinchin from Shoreplan Engineering Limited regarding Port Burwell Coastal processes study. Page 40 of 299 Port Burwell Coastal Processes, Sedimentation and Dredging Review Final Report Municipality of Bayham file 09-1250 13 end of the piers in conjunction with the sediment trap might provide a positive benefit in terms of extending the life of any channel dredged through the sand bar outside the ends of the pier. Again, that is something that would need to be determined as part of a more detailed analysis. 4.1.2. Entrance Structure Modifications The standard solutions for reducing sedimentation at a harbour inlet are to either mechanically bypass the sediment or to extend the entrance structures out to deeper water. Bypassing requires dredging and is therefore covered by the discussion in Section 4.2. Extending the entrance structures out to deeper water is a structural solution and is discussed here. The current breakwater configuration at Port Burwell is the end result of a number of extensions intended to deal with the sedimentation problem at the harbour entrance. However, extending a pier or breakwater on a coast with a net supply of littoral drift is neither a permanent nor sustainable solution. It is short-term solution that merely buys time as the updrift beach extends lakeward until it is feeding the harbour bypassing shoal. The history of the harbour modifications at Port Burwell demonstrates this quite effectively. It is our opinion that neither extending the armourstone breakwater nor extending the entrance piers out to deeper water is a practical solution. Extending the armourstone breakwater would alter the overall bypassing characteristics at the site for a period of time, but would have no beneficial impact on the large volume of sand that has already been deposited within the outer harbour. It is that existing deposit that is causing the sedimentation problem at the entrance to the inner harbour. Extending the entrance piers out beyond the existing sediment deposit would buy some time but the cost of that extension would be prohibitive. Both piers would have to be extended due to the volume of sand that currently exists. It can be seen from the profiles in Figure 9 that the piers would have to be extended approximately 425 metres in order to reach a water depth of 3 metres. That represents the minimum distance required to eliminate the need for dredging today if it can be assumed that the 2003 profile still applies. They would have to be extended further to achieve any future benefit. An alternative layout was also considered whereby the east pier would be extended out to near the end of the west extension wall, and then parallel piers would be extended out to the 3 metre contour. Due to the length of the parallel piers required to reach the 3 metre contour this alternative would actually require a total pier length greater than that of the first alternative considered. This alternative would also require an extensive amount of dredging between the extended east pier and the existing west extension wall. We have not carried out any concept designs or cost estimates for an extension of the Port Burwell piers, but the results of a concept design prepared for Wheatley Harbour 7:05 p.m. Bruce Pinchin from Shoreplan Engineering Limited regarding Port Burwell Coastal processes study. Page 41 of 299 Port Burwell Coastal Processes, Sedimentation and Dredging Review Final Report Municipality of Bayham file 09-1250 14 could be considered for an order of magnitude comparison. Shoreplan (2003) considered a number of structural solutions for an ongoing serious sedimentation problem at Wheatley Harbour on Lake Erie. One of those solutions was to construct a new armour stone breakwater to connect an existing offshore breakwater to one of the harbour piers. Figure 11 shows a concept plan and typical section for that solution. That breakwater section was estimated to have a unit cost of $8,300 per lineal metre in 2003. Assuming a similar unit cost would apply at Port Burwell today, extending 2 piers a distance of 425 metres each would cost in the order of $7 million. As actual costs are likely to be higher today and a 400 metre extension would not really be sufficient, this option is not considered to be realistic. It must therefore be concluded that there is no practical structural solution to the component of the Port Burwell sedimentation problem that is associated with coastal processes outside the harbour. 4.1.3. Existing Breakwater Modifications It is our understanding that a suggestion has been made that removing a portion of the existing armour stone breakwater near the shoreline would lessen the entrance sedimentation by allowing a current to flow past the entrance. This would not be an effective solution because the breakwater interrupts the alongshore transport of littoral sediments. It is true that sediment is bypassing the breakwater but a far greater volume of sand would be transported in front of the entrance if the armour stone breakwater was not present. Removing part of the breakwater would essentially allow the updrift beach to be transported into the gap in the breakwater until it was plugged. 4.2. Dredging Considerations As noted in Section 3, there are two main sources of sediment that are contributing to the problems at Port Burwell; silt and fine sand transported down the Big Otter Creek and littoral drift moved along the shore of Lake Erie. In Section 4.1 it is noted that there are no practical structural solutions to lessen the dredging requirements. Two structural solutions are presented for dealing with the creek sedimentation although the sediment trap alternative will only work as part of an ongoing dredging operation. The alternative to narrow the creek may be technically feasible with respect to sediment transport and deposition but implementing that solution has potential major implications that have not been examined as part of this study. It is therefore reasonable to conclude that the best solution to the sedimentation problem at Port Burwell will involve some sort of on-going dredging operation. Given the sedimentation and dredging history of this site it is fair to conclude that the most important consideration to any on-going dredging operation will be the financing of that operation. A key goal should be to determine the most cost effective dredging method that can be implemented here, and to then dredge a large a volume as can be 7:05 p.m. Bruce Pinchin from Shoreplan Engineering Limited regarding Port Burwell Coastal processes study. Page 42 of 299 Port Burwell Coastal Processes, Sedimentation and Dredging Review Final Report Municipality of Bayham file 09-1250 15 achieved with the available funding. There are a number of dredging methods that can and have been used at Port Burwell. Each of these methods has its own pros and cons and cost is only one of those considerations. The most recent dredging practices at Port Burwell (summarized in Section 2.2) have involved the land excavation of sand from within the harbour and propeller wash dredging beyond the harbour. One of the differences in these dredging methods is that the land based dredging removes the sediment from the problem area whereas the propeller wash dredging pushes it out of the way but does not remove it. Propeller washing is a form of hydrodynamic dredging frequently used on the Great Lakes. Van Raalte and Bray (1999) define hydrodynamic dredging as the deliberate (re)suspension of the fine fraction of sediment from the lake/riverbed with the aim of removing this material from the dredging area using natural processes for transportation. The water column itself is used as the primary transport medium for the dredged material, instead of pipes, barges or hoppers, as with conventional hydraulic and mechanical dredging techniques. Propeller wash dredging typically uses a modified work boat with a spud or other anchoring system to keep the boat in place while dredging, and a modified propeller and/or an adjustable “beaver-tail” to deflect the propeller turbulence as desired. Hydrodynamic dredging is most effective when there are significant ambient currents present to remove the suspended sediment from the dredged area. When conditions are right the suspended material itself will establish a density current that transports the sediment away from the dredging site. Propeller wash dredging is used frequently at Grand Bend on Lake Huron, typically about 40 times per season. That operator reports that once he is able to get a flow going he is able to move the sand about 50 metres if he has a place to move it to. It is most easily moved “downhill” to deeper water, particularly if a there is a hole to fill. He has described his dredging operation as moving the bar offshore. One of the main advantages of propeller wash dredging is that it is a relatively low cost dredging method in terms of cost per unit volume of material moved. One of the main disadvantages is that by only moving the sediment away from the immediate area dredged it is susceptible to being moved back into the dredged channel by natural coastal processes. That in turn necessitates its repeated removal, effectively increasing the cost of dredging because the material must be handled more than once. At Grand Bend it is not uncommon to have sand that was moved out of the entrance be blown back in during the next storm. It is likely that the possibly of having to dredge the same material repeatedly would not be a major disadvantage at Port Burwell because of the volume of sand already near the entrance. Any channel dredged through the sand deposit is expected to fill in relatively quickly. Whether sand dredged from the channel is completely removed from the area or is merely pushed aside by propeller washing, the channel will still fill in. It may fill in more rapidly if the propeller washed dredgate is in close proximity to the channel, but the difference in infilling rates is not expected to be significant. Based on reviews of dredging issues at other sites on the Great Lakes it is our experience that hydraulic dredging is generally the most cost effective method, on a unit 7:05 p.m. Bruce Pinchin from Shoreplan Engineering Limited regarding Port Burwell Coastal processes study. Page 43 of 299 Port Burwell Coastal Processes, Sedimentation and Dredging Review Final Report Municipality of Bayham file 09-1250 16 price basis, when sand must be removed from a problem area. The cheapest method of hydraulic dredging is when open water disposal of the dredgate is permitted. Whether or not open water disposal of the Port Burwell sediments might be permitted is beyond the scope of this assessment. If open water disposal near the harbour is an option, then hydraulic dredging of the bar outside the entrance might be cost effective compared to propeller washing. If open water disposal is not permitted then de-watering the dredgate in a land based settling basin will probably be required. That is not expected to be cost effective compared to propeller washing the bar outside the entrance, but it may still be effective for dredging within the harbour as that material must be removed, not just pushed aside. The size of the settling basin required to accomplish hydraulic dredging of the harbour area is related to the physical characteristics of the dredged material as well as the flow rate of the dredged slurry. That information is not available at this time. For our assessment of dredging methods we assumed that the long-term average dredging requirement for Port Burwell will be in the range of 15,000 to 30,000 cubic metres per year. That range is based on a rough approximation of the proportion of the Big Otter Creek sediment load that contributes to the sedimentation problem, as discussed in Section 2.1. There is a significant level of uncertainty with that range of volumes so we did not increase the volume to account for the sand that must be dredged from the bar just outside the entrance piers. We note, however, that our range is consistent with the 27,000 cubic metres estimated for the 2000 dredging plan depicted in Figure 8. With respect to typical hydraulic dredging projects, the need to dredge 15,000 to 30,000 cubic metres of sand annually is a relatively small requirement. We examined two types of small dredges that could be suitable for use at Port Burwell. We also examined land- based and in-water discharge options for dealing with the slurry produced by the dredges. 4.2.1. Small Manned Dredges There are a number of manufacturers of small capacity diesel-powered self-propelled hydraulic dredges that are typically used for marina, lake and lagoon clearing. An example of this type of dredge, shown in Figure 12, is the Rotomite 6000 manufactured by SRS Crisafulli in Montana, USA. The Rotomite 6000 is a cutter suction dredge with a 6 inch slurry pump. It can excavate up to 20 feet deep (6 metres) and has a discharge rate in the order of 2,500 gallons per minute (aprox 160 litres per second), depending upon the total head differential. The dredge is approximately 10 metres long and 2.5 metres wide. The dredge manufacturer claim that it is not uncommon to dredge slurries with up to 30% solids and that assuming slurry with 20% solids is relatively conservative. For our productivity analyses we considered slurries with both 20% and 30% solids. Pumping 20% solid slurry at a rate of 2,500 gallons (US) per minute corresponds to 114 cubic metres of sand per hour so it would take 132 to 264 hours or 17 to 34 working days (8 7:05 p.m. Bruce Pinchin from Shoreplan Engineering Limited regarding Port Burwell Coastal processes study. Page 44 of 299 Port Burwell Coastal Processes, Sedimentation and Dredging Review Final Report Municipality of Bayham file 09-1250 17 hours/day) to dredge 15,000 to 30,000 m3 of sand. Assuming 30% solid slurry gives 11 to 22 working days to dredge 15,000 to 30,000 m3 of sand. Depending upon the dredge discharge method (discussed in Section 4.2.3) it is quite possible that limitations at the discharge site determine the overall productivity rate. It may not be physically possible to dredge 15,000 m3 of sand in 11 days without causing other problems at the dredge discharge site. This dredge is only suitable for use in calm to light wave conditions. It can be seen from Figure 12 that the dredge does not have a significant freeboard. A dredge of this type was once tried at Wheatley Harbour and it almost sank in the entrance due to wave activity. When the dredge is rocked by waves the cutter arm bangs on the bottom and can be damaged. It should not be used with wave heights in the order of 0.6 metres or higher. 4.2.2. Remote Controlled Mini Dredges Piranha Pump of New Mexico, USA, manufactures a line of remote controlled mini- dredges with reported capabilities similar to the small dredges described above. These dredges use 460v submersible electric slurry pumps with mechanical agitators. The pump is attached to a hoist mounted on 2 pontoons. Figure 13 shows an example of one of these dredges. The mini-dredges are steered with a stayed cable system. A practical system would have to be designed to allow dredging to proceed without adversely impacting navigational use of the channel. One possible solution would be to use anchored moorings that are placed and removed as required during dredging. This would require the use of a work boat or barge with a hoist and is considered to be one of the major disadvantages of this system. The dredge is not self-propelled and would need to be towed to the dredging site. The submersible pump is raised and lowered with a remotely controlled hoist and works most effectively when it can dig a cone shaped hole with material falling towards the pump. An operator’s control panel must be set up near the dredging site and must have a suitable supply of electricity. A generator can be used to provide the electricity so the operator’s station could be placed on a barge if desired. We examined production capabilities and costs for two of these mini-dredges: the P-30 and the P-75. The P-30 has a 30 horsepower, 4 inch pump with an average production capability of approximately 61 cubic metres of sand per hour. Dredging at that rate would take 245 to 450 hours or 31 to 62 working days to dredge 15,000 to 30,000 m3 of sand. The P-75 has a 75 horsepower, 6 or 8 inch pump with an average production capability of approximately 172 cubic metres of sand per hour. Dredging at that rate would take 87 to 174 hours or 11 to 22 working days to dredge 15,000 to 30,000 m3 of sand. Both systems are capable of dredging down to 40 feet (25m), which is far deeper than required for Port Burwell. Like the small manned dredge, these dredges are intended for calm to moderate wave conditions. However, because these dredges do not have a cutter arm they are less susceptible to damage when rocked by waves. The manufacturer recommends not 7:05 p.m. Bruce Pinchin from Shoreplan Engineering Limited regarding Port Burwell Coastal processes study. Page 45 of 299 Port Burwell Coastal Processes, Sedimentation and Dredging Review Final Report Municipality of Bayham file 09-1250 18 operating these dredges when wave heights are in the order of 1 metre or higher. While it could be possible to design a cable stayed system for the harbour area it is questionable how suitable a mini-dredge would be for dredging outside the harbour entrance. Piranha does sell a self propelled spud-barge dredge using the same agitation and pumping system as on the P-75 mini-dredge but the cost is considerably higher than the mini-dredge and not competitive to the Rotomite 6000 cutter suction dredge. The main advantage of the Piranha mini-dredge compared to the Rotomite 6000 cutter suction dredge is the original purchase cost. The mini-dredge costs in the order of $125,000 to $150,000 with standard features. The Rotomite 6000 costs approximately $240,000 with standard features and a new model with enhanced abrasion resistance is being developed with a projected cost of $345,000. These are base costs for the dredge and additional equipment such as discharge pipe would also be required. 4.2.3. Discharge Options Each of the dredges described has a maximum discharge pipe length over which it can pump at its maximum flow rate. Pumping over longer lengths risks reducing the flow velocity to the point that sediment drops out of suspension and clogs the pipe. The Rotomite 6000 manned dredge and the Piranha P-30 mini-dredge can pump up to about 400 metres length. The Piranha P-75 mini-dredge can pump up to about 600 metres length. These are the manufactures recommended maximum discharge pipe length assuming little static head loss and the use of low-friction HDPE pipe. From an operational perspective, the preferred discharge location is typically in open water as long as the discharged sediment is not going to be transported back to the dredged area. Open water disposal is preferred as the dredgate does not need to be re- handled as part of the disposal operation. Whether or not open water disposal would be allowed is a matter to be discussed with the relevant approving agencies. However, there may not be a suitable open water discharge location within a convenient distance of all the dredging that must be performed due to the maximum discharge lengths described above. There is a high probability that if hydraulic dredging is to be used, a land based disposal area will be required. Limitations with maximum discharge lengths can be overcome by using booster pumps on land based discharge pipes. Land based discharge of slurry typically requires a settling basin to allow the finer sediments to settle out of suspension before the dredged water is returned to the receiving basin. The design and dimensions of a suitable settling basin are a function of the size of material dredged and the dredging rate. We note that small settling ponds could physically be constructed on the lands adjacent to the harbour but further analysis would be required to assess the actual suitability and feasibility of using those sites. The ultimate fate of the dredged material might also be considered when assessing possible settling basin sites. For example, if it were permitted to remove the sand and sell it, if a market exists, then the settling basin must be situated so trucks can access 7:05 p.m. Bruce Pinchin from Shoreplan Engineering Limited regarding Port Burwell Coastal processes study. Page 46 of 299 Port Burwell Coastal Processes, Sedimentation and Dredging Review Final Report Municipality of Bayham file 09-1250 19 the site and can be loaded in an efficient manner. On many projects it is preferable that dredged material be returned to the shore downdrift of the dredging site due the importance of the dredged material in the nearshore processes of the entire littoral cell containing the dredging site. It is debatable whether or not that is the case at Port Burwell due to the size of the material to be dredged. We have not found any detailed information regarding the grain size distribution of the material causing the sedimentation problem at Port Burwell but note that it frequently referred to as fine sand. If it is mostly sub-littoral drift, as discussed in Section 2.1, then it may not play a significant role in downdrift coastal processes. Further analysis would be required to make that determination. If it is dictated that material dredged from Port Burwell must be returned to the “natural system” then a suitable location must be found to do that. It is our expectation that sand placed on the beach immediately downdrift (east) of the harbour will contribute to the sedimentation of the channel outside the entrance piers. As discussed with the propeller wash dredging, however, that may be not be a significant issue as the entrance channel is likely to fill in quickly anyways. The risk and potential consequences of that happening would have to be considered as part of the detailed design required to actually implement a long-term dredging program. One idea that is worth consideration is placing the dredged material on the fillet beach on the west side of the armour stone breakwater. Under normal circumstances it would be unwise to place dredgate on the updrift side of a dredged entrance, but the circumstances at Port Burwell are not typical. As noted previously, it is the existing substantial deposit of sand at the end of the harbour piers that is believed to be causing the bulk sedimentation problem outside the entrance. The armour stone breakwater extends much farther offshore than the sand bar at the end of the piers and there is a good probability that only a portion of any dredgate placed on the updrift beach would end up on that bar. It is our expectation that only a small portion of the sediment that bypasses the armour stone breakwater actually ends up near the harbour entrance but additional analysis would be required to prove that. Furthermore, the finer the sand dredged from the creek is, when compared to the updrift littoral sediments, then the greater the probability that the majority of the material would end up either downdrift or on the harbour deposit “tongue” described in Section 2.1. One of the main advantages of placing the sand on the updrift beach is that it could be pumped there using a fixed pipe system. Connection points to the pipe system would be placed at convenient locations along the edge of that harbour. That would reduce the amount of floating pipe that would have to be managed during dredging. We acknowledge that the concept of annually placing 15,000 to 30,000 cubic metres of sand on a beach within a provincial park is unconventional, but if the dredged material must be returned to the natural system or if there is no market for the dredged material that this concept should be considered. In Section 2.1 it was noted that the Philpott (1983b) sediment budget data showed approximately 450,000 cubic metres per year of littoral and sub-littoral drift approaches the updrift beach at Port Burwell. Adding another 15,000 to 30,000 cubic metres per year would not be viewed as a major impact in terms of coastal processes. The potential environmental and sociological impacts of this type 7:05 p.m. Bruce Pinchin from Shoreplan Engineering Limited regarding Port Burwell Coastal processes study. Page 47 of 299 Port Burwell Coastal Processes, Sedimentation and Dredging Review Final Report Municipality of Bayham file 09-1250 20 of operation would need to be studied in detail and negotiated with affected stakeholders and approving agencies. 4.2.4. Timing The timing that dredging can actually take place will play a major role in determining whether or not a long-term dredging program is feasible for Port Burwell. Due to fisheries concerns, in-water work is typically restricted from mid March until early to mid July. Figure 6, which was discussed in Section 2.1, shows that approximately 45% of the Big Otter Creek sediment load occurs, on average, during March and April. Either an exemption to to the in-water work restriction will be required, and that may not be possible, or a dredging plan must be developed to deal with this limitation. The use of a sediment trap (described in Section 4.1.1) and over-dredging during the allowable working window could be one possible solution. 4.3. Potential Impacts Consideration must be given to the potential impacts associated with any solution contemplated for the sedimentation problem. We have provided brief comments on some of the major impacts that would need to be assessed, but we have not included a comprehensive list. Approvals will need to be obtained for any of the solutions we have discussed but the exact approvals required will depend upon the nature and location of the solution considered. Approvals will probably be required from DFO, MNR, LPRCA, and the Coast Guard. Formal permits are not provided by MOE but steps must be taken to ensure that all work is undertaken in accordance with their policies and regulations. 4.4. Financial Implications It was not a part of our mandate to consider how any of the solutions we have discussed might be financed. We recognize that the purpose of this study was to examine structural solutions that could reduce the dredging requirements due to the high cost of annual dredging. Within that context we acknowledge that our solutions will cost more than has been spent on dredging in recent years and likely cost more than has been budgeted for future dredging. Notwithstanding budgetary considerations, this report presents an assessment of long-term maintenance dredging needs at Port Burwell that is as realistic as possible given the limited data available. While our solutions were focused on what is technically feasible we have considered the relative cost implications of our solutions wherever possible. 7:05 p.m. Bruce Pinchin from Shoreplan Engineering Limited regarding Port Burwell Coastal processes study. Page 48 of 299 Port Burwell Coastal Processes, Sedimentation and Dredging Review Final Report Municipality of Bayham file 09-1250 21 5. FURTHER ANALYSIS This report presents a qualitative assessment of the Port Burwell sedimentation patterns and possible mitigation measures. It was noted that additional information and further analysis of a number of items would be required to confirm the precision of some of our assumptions and to quantify the level of effort likely required to deal with the sedimentation problem. This section identifies additional work that might be performed and discusses the potential benefits of doing that work. Two significant uncertainties in our assessment are the littoral sediment transport rates around Port Burwell and the sediment loading from Big Otter Creek. Of these two, the uncertainty of the creek sediment loading will have the biggest impact on our assessment and conclusions. Determining the sediment transport pathways and bypassing rates for littoral drift that passes the armour stone breakwater and determining the likely infilling rates of a channel dredged outside the entrance piers would provide valuable information for estimating long-term dredging costs, but it is not expected to change our basic conclusion for dredging outside the harbour. We do not believe that information is required at this time, but it would be useful if a long-term dredging program is implemented. If dredged material is to be placed on the beach updrift of the armour stone breakwater then a detailed sediment transport analysis will be required. More accurately quantifying the Big Otter Creek sediment load could affect the decision making process for managing sedimentation within the creek and harbour. Our dredging assessment was based on rough assumptions about both the total sediment load and the proportion of that load that is contributing to the sedimentation problem. A more detailed analysis of the fluvial processes at Port Burwell will allow for a more accurate evaluation of the different alternatives available and could affect which solution is optimal. Such an analysis should be one of the first steps in moving forward with a long- term plan. If narrowing the channel width with fill is to be seriously considered then a hydrologic analysis of the creek and harbour will required both to design the creek cross-section and to assess potential impacts. If a decision is made to move forward with a long-term dredging or sediment management plan then there would be significant benefit to conducting a field program to collect baseline data. Sediment samples should be collected from both the creek/harbour bed and the sand bar in front of the entrance piers. Grain size distribution analysis should be carried out as well as the sediment quality analyses that may be required. This was not done in the past but would have helped with our assessment if it had been done. Nearshore bathymetric soundings should also be updated as the most recent data is from 2003. 7:05 p.m. Bruce Pinchin from Shoreplan Engineering Limited regarding Port Burwell Coastal processes study. Page 49 of 299 Port Burwell Coastal Processes, Sedimentation and Dredging Review Final Report Municipality of Bayham file 09-1250 22 6. SUMMARY Port Burwell has been experiencing an ongoing sedimentation problem since its original construction in the 1830’s. The original east and west pier extensions, the west extension wall and the armour stone breakwater were all constructed to mitigate the sedimentation problem. There are two primary causes of the sedimentation problem at Port Burwell; the sediment load coming down Big Otter Creek and the coastal processes acting on the nearshore deposit of sand immediately in front of the east and west piers. The sand in front of the piers is part of the Port Burwell harbour deposit. Sediment budget estimates show that approximately 450,000 cubic metres per year of littoral and sub-littoral drift is transported to the fillet beach updrift of the armour stone breakwater. The proportions of that material that are: retained by the breakwater; added to the harbour deposit; and bypass Port Burwell to downdrift shores, is not known. In the long-term, some of the updrift littoral sediments bypass the armour stone breakwater and add to the harbour deposit but in the short term it is waves acting on the existing deposit that is the direct cause of sedimentation at the harbour entrance. We did not carry out any modeling to quantify the littoral transport rates and infilling rates for dredged channels outside the harbour structures. It is our expectation that any channels dredged outside the harbour will experience significant infilling in a relatively short period of time. Modeling sediment transport at the entrance is not expected to change that conclusion and is not recommended at this time. The area offshore of the pier ends and the west extension wall has filled in significantly since dredging to the seaway depth was stopped. If dredging were to completely cease at Port Burwell the infilling would continue until the sand deposit was at equilibrium with the long-term average sediment supply rates and zone of influence of the breakwater. Anecdotal evidence suggests that equilibrium has not yet been reached. There is no practical structural solution to the sedimentation at the harbour entrance that is caused by coastal processes. Extending the armour stone breakwater will not affect the processes acting on the existing harbour deposit. Extending the entrance piers would require a total length of new structures in excess of 850 metres. The cost of that work and the likelihood of obtaining approvals for that volume of infill make that solution impractical. Big Otter Creek has been identified as the largest single source of fluvial sediment on the north shore of Lake Erie. For our assessment we assumed that approximately 15,000 to 30,000 cubic metres per year of that sediment could be contributing to the sedimentation problem. That is a rough estimate only and must be considered to have significant uncertainty. Actual sediment loads should be estimated more accurately before any critical decisions are made. Water depths in Big Otter Creek and within the harbour, but north of the entrance, appear to be the result of equilibrium conditions for the channel cross-sections, the long- 7:05 p.m. Bruce Pinchin from Shoreplan Engineering Limited regarding Port Burwell Coastal processes study. Page 50 of 299 Port Burwell Coastal Processes, Sedimentation and Dredging Review Final Report Municipality of Bayham file 09-1250 23 term flow rates and the sediment supply rate. Sand moved by wave action will affect the water depth between the piers for a short distance up from the end of the piers but that distance cannot be estimated without a wave analysis. A potential structural solution for sedimentation within the creek and the portion of the harbour not affected by wave action is to narrow the channel width by filling. Decreasing the channel cross section will increase the flow velocities and alter the equilibrium conditions for sediment transport, causing a greater amount of the sand to be transported through the harbour. In order for this solution to be effective the channel would have to be narrowed over the entire length of the creek and harbour where an increased depth is required. Sand that passes through the narrowed channel will still have to be managed as it exits the harbour. An appropriate channel width cannot be estimated without more detailed analysis. For comparative purposes we estimated that a 20 metre wide channel extending from the harbour entrance to the bridge would require filling an area of approximately 2.8 hectares, which represents 56% of the existing area. The volume of fill required to accomplish that cannot be estimated without cross-sectional data. Obtaining approvals for this amount of infilling could be a significant obstacle to overcome. There are potential major impacts associated with this type of work including the environmental aspects of filling a creek, the potential for upstream flooding and the potential for increased ice jamming. Each of these potential impacts would need to be studied in greater detail before this type of solution could be seriously considered. An alternative structural solution for the inner harbour is to construct a sediment trap to restrict the area where dredging would be required. A sediment trap alters the flow and sediment transport equilibrium conditions by increasing the channel depth over the area of the trap. The trap must be regularly emptied of sediment to be effective. The exact location and dimensions of the sediment trap are related to the characteristics of the sediment to be trapped and would require further analysis. A sediment trap could potentially be located in the vicinity of the turning basin. Due to the limitations of the structural solutions, the best solution to the sedimentation problem at Port Burwell is going to require some sort of an on-going dredging operation. To assess the dredging alternatives we assumed that the average annual dredging requirements will be in the order of 15,000 to 30,000 cubic metres. The uncertainty of that estimate has not been quantified. Sand within Big Otter Creek and the harbour must be removed as part of the dredging operation. Propeller wash dredging could be used to push a channel through the bar outside the entrance piers without actually removing that sand. Hydraulic dredging is generally the most cost effective method when sand must be removed from a problem area. From an operational perspective, open water disposal is generally preferred. If open water disposal near the harbour is an option, then hydraulic dredging of the bar outside the entrance might be cost effective compared to propeller washing. 7:05 p.m. Bruce Pinchin from Shoreplan Engineering Limited regarding Port Burwell Coastal processes study. Page 51 of 299 Port Burwell Coastal Processes, Sedimentation and Dredging Review Final Report Municipality of Bayham file 09-1250 24 If open water disposal is not permitted then de-watering the dredgate in a land based settling basin will probably be required. That is not expected to be cost effective compared to propeller washing the bar outside the entrance, but it may still be effective for dredging within the harbour as that material must be removed, not just pushed aside. The size of the settling basin required to accomplish hydraulic dredging of the harbour area is related to the physical characteristics of the dredged material as well as the flow rate of the dredged slurry. That information is not available at this time. While it is generally preferred that dredged material be returned to the littoral cell due to the importance of its role in coastal processes that may not be the case at Port Burwell. If the sand causing the sedimentation problem is the size of sub-littoral drift it can probably be removed from the littoral system with impacting downdrift coastal processes. If it is dictated that material dredged from Port Burwell must be returned to the “natural system” then a suitable location must be found to do that. It is our expectation that sand placed on the beach immediately downdrift (east) of the harbour will contribute to the sedimentation of the channel outside the entrance piers, however that may be not be a significant issue as the entrance channel is likely to fill in quickly anyways. The risk and potential consequences of that happening would have to be considered as part of the detailed design required to actually implement a long-term dredging program. From an operational point of view, the beach updrift of the armour stone breakwater could be a good location for disposing of hydraulically dredged sand. The technical feasibility of placing the dredgate there would need to be confirmed with a detailed sediment transport pathways analysis. The potential environmental and sociological impacts of this type of operation would need to be studied in detail and negotiated with affected stakeholders and approving agencies. Two types of small hydraulic dredges might be suitable for use at Port Burwell; a small manned cutter section dredge and a remotely controlled agitation dredge. The remotely controlled agitation dredge requires a cable stayed system to operate and that could be a significant disadvantage here. The timing that dredging can actually take place will play a major role in determining whether or not a long-term dredging program is feasible for Port Burwell. In-water work is typically restricted from mid March until early to mid July but approximately 45% of the Big Otter Creek sediment load occurs, on average, during March and April. The use of a sediment trap and over-dredging during the allowable working window could be one possible solution to a timing conflict. This report does not include an assessment of potential impacts or necessary approvals. Consideration must be given to the potential impacts associated with any solution contemplated for the sedimentation problem. The measures discussed in this report will cost more than has been spent on dredging in recent years and likely cost more than has been budgeted for future dredging. Notwithstanding budgetary considerations, this report presents an assessment of long- term maintenance dredging needs at Port Burwell that is as realistic as possible given the limited data available. 7:05 p.m. Bruce Pinchin from Shoreplan Engineering Limited regarding Port Burwell Coastal processes study. Page 52 of 299 Port Burwell Coastal Processes, Sedimentation and Dredging Review Final Report Municipality of Bayham file 09-1250 25 This report presents a qualitative assessment of the sedimentation problem and possible mitigation measures. Much of the quantified information is based on rough assumptions and incomplete information and must be viewed as containing significant uncertainty. It has been included to provide order of magnitude information and should be confirmed before any critical decision making. 7:05 p.m. Bruce Pinchin from Shoreplan Engineering Limited regarding Port Burwell Coastal processes study. Page 53 of 299 Port Burwell Coastal Processes, Sedimentation and Dredging Review Final Report Municipality of Bayham file 09-1250 26 7. CONCLUSIONS 1. There are two primary causes of the sedimentation problem at Port Burwell; the sediment load coming down Big Otter Creek and the coastal processes acting on the nearshore deposit of sand immediately in front of the east and west piers. 2. There is no practical structural solution to the sedimentation at the harbour entrance that is caused by coastal processes. A potential structural solution to the creek and harbour sedimentation is to narrow the channel width, but that will involve significant capital cost and obtaining approvals is expected to be difficult. 3. Due to the limitations of the structural solutions, the best solution to the sedimentation problem at Port Burwell is going to require some sort of an on-going dredging operation 4. Hydraulic dredging of the creek and harbour is expected to be the most cost effective means of managing the Big Otter Creek sediment load. 5. Hydraulically dredging a channel is also expected to be the most cost effective means of managing the sand bar at the harbour entrance, if open water disposal of the dredgate is permitted. If open water disposal is not permitted then propeller wash dredging an entrance channel is recommended. 6. The long-term average annual sediment load for Big Otter Creek and the proportion of that load that contributes to the sedimentation problem needs to be better quantified in order to get a true estimate of the likely dredging requirements. 7:05 p.m. Bruce Pinchin from Shoreplan Engineering Limited regarding Port Burwell Coastal processes study. Page 54 of 299 Port Burwell Coastal Processes, Sedimentation and Dredging Review Final Report Municipality of Bayham file 09-1250 27 References Aquafor Beech, 1996. Port Burwell Harbour Dredge Monitoring Study. Unpublished report prepared for the Village of Port Burwell by Aguafor Beech Limited. Interim report, July 1996. Philpott, K.L. 1983a. Lake Erie: Analysis of Harbour Deposits at Port Burwell, Port Bruce and Port Stanley. Unpublished report by Keith Philpott Consulting Limited for the Deputy General of Canada for Litigation (Alton et al verses Her Majesty the Queen). Philpott, K.L. 1983b. Lake Erie: Analysis of Sediment Flows Through the Nearshore Zone With and Without the Harbour Structures. Unpublished report by Keith Philpott Consulting Limited for the Deputy General of Canada for Litigation (Alton et al verses Her Majesty the Queen). van Raalte, G.H. and R.N. Bray. 1999. Hydrodynamic Dredging: Principles, Effects and Methods. Proc. CEDA Dredging Days 1999. Shoreplan, 2003. Wheatley Harbour Sedimentation Study. Unpublished report prepared for Public Works and Government Services Canada by Shoreplan Engineering Limited. Final Report. March 2003 7:05 p.m. Bruce Pinchin from Shoreplan Engineering Limited regarding Port Burwell Coastal processes study. Page 55 of 299 Port Burwell Coastal Processes, Sedimentation and Dredging Review Final Report Municipality of Bayham file 09-1250 28 Figures Figure 1 Site Plan ............................................................................................................ 29  Figure 2 Contours from June 1999 Sounding Survey .................................................... 30  Figure 3 Contours from August 2003 Sounding Survey ................................................. 31  Figure 4 Location of WSC Calton Gauge ....................................................................... 32  Figure 5 Big Otter Creek Total Daily Sediment Load at WSC Calton Gauge ................ 32  Figure 6 Daily Distribution of Total Sediment Load ........................................................ 33  Figure 7 Turning Basin Area Filled in 1992 .................................................................... 33  Figure 8 Outline of 2000 Proposed Dredge Area ........................................................... 34  Figure 9 1999 and 2003 Profiles at Harbour Entrance ................................................... 35  Figure 10 Possible Sediment Trap Locations ................................................................ 36  Figure 11 Concept Design for Wheatley Harbour .......................................................... 37  Figure 12 Rotomoite 6000 Hydraulic Dredge ................................................................. 38  Figure 13 Piranha Pumps Mini-Dredge .......................................................................... 38  7:05 p.m. Bruce Pinchin from Shoreplan Engineering Limited regarding Port Burwell Coastal processes study. Page 56 of 299 Port Burwell Coastal Processes, Sedimentation and Dredging Review Final Report Municipality of Bayham file 09-1250 29 Figure 1 Site Plan 7:05 p.m. Bruce Pinchin from Shoreplan Engineering Limited regarding Port Burwell Coastal processes study. Page 57 of 299 Port Burwell Coastal Processes, Sedimentation and Dredging Review Final Report Municipality of Bayham file 09-1250 30 Figure 2 Contours from June 1999 Sounding Survey Depth in metres below chart datum 7:05 p.m. Bruce Pinchin from Shoreplan Engineering Limited regarding Port Burwell Coastal processes study. Page 58 of 299 Port Burwell Coastal Processes, Sedimentation and Dredging Review Final Report Municipality of Bayham file 09-1250 31 Figure 3 Contours from August 2003 Sounding Survey Depth in metres below chart datum 7:05 p.m. Bruce Pinchin from Shoreplan Engineering Limited regarding Port Burwell Coastal processes study. Page 59 of 299 Port Burwell Coastal Processes, Sedimentation and Dredging Review Final Report Municipality of Bayham file 09-1250 32 Figure 4 Location of WSC Calton Gauge Figure 5 Big Otter Creek Total Daily Sediment Load at WSC Calton Gauge 0 5,000 10,000 15,000 20,000 25,000 30,000 35,000 Jan-76 Jan-78 Jan-80 Jan-82 Jan-84 Jan-86 Jan-88 Jan-90 Jan-92 Jan-94 Jan-96 Da i l y S e d i m e n t L o a d ( t o n n e s / d a y ) 7:05 p.m. Bruce Pinchin from Shoreplan Engineering Limited regarding Port Burwell Coastal processes study. Page 60 of 299 Port Burwell Coastal Processes, Sedimentation and Dredging Review Final Report Municipality of Bayham file 09-1250 33 Figure 6 Daily Distribution of Total Sediment Load Figure 7 Turning Basin Area Filled in 1992 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% 0 10,000 20,000 30,000 40,000 50,000 60,000 70,000 Cu m u l a t i v e D i s t r i b u t i o n To t a l S e d i m e n t L o a d ( t o n n e s ) Sum of Daily Loads, 1976-1996 Cumulative Distribution of Summed Loads Jan             Feb            Mar           Apr            May            Jun             Jul             Aug             Sep Oct              Nov           Dec  WSC gauge: Big Otter  Creek near Calton 1983 Ontario Base Map 2006 Orthophoto turning basin fill 7:05 p.m. Bruce Pinchin from Shoreplan Engineering Limited regarding Port Burwell Coastal processes study. Page 61 of 299 Port Burwell Coastal Processes, Sedimentation and Dredging Review Final Report Municipality of Bayham file 09-1250 34 Figure 8 Outline of 2000 Proposed Dredge Area Dredging volume estimated at 27,000 m3 in 2000 7:05 p.m. Bruce Pinchin from Shoreplan Engineering Limited regarding Port Burwell Coastal processes study. Page 62 of 299 Port Burwell Coastal Processes, Sedimentation and Dredging Review Final Report Municipality of Bayham file 09-1250 35 Figure 9 1999 and 2003 Profiles at Harbour Entrance -3.0 -2.0 -1.0 0.0 1.0 0 100 200 300 400 500 600 De p t h ( m , c h a r t d a t u m ) Offset (m) Surveyed 2003 Surveyed 1999 range of long-term mean monthly water levels position of end of piers dredge line for 10 foot depth dredge line for 7 foot depth 7:05 p.m. Bruce Pinchin from Shoreplan Engineering Limited regarding Port Burwell Coastal processes study. Page 63 of 299 Port Burwell Coastal Processes, Sedimentation and Dredging Review Final Report Municipality of Bayham file 09-1250 36 Figure 10 Possible Sediment Trap Locations 7:05 p.m. Bruce Pinchin from Shoreplan Engineering Limited regarding Port Burwell Coastal processes study. Page 64 of 299 Port Burwell Coastal Processes, Sedimentation and Dredging Review Final Report Municipality of Bayham file 09-1250 37 Figure 11 Concept Design for Wheatley Harbour from Shoreplan (2003) 7:05 p.m. Bruce Pinchin from Shoreplan Engineering Limited regarding Port Burwell Coastal processes study. Page 65 of 299 Port Burwell Coastal Processes, Sedimentation and Dredging Review Final Report Municipality of Bayham file 09-1250 38 Figure 12 Rotomoite 6000 Hydraulic Dredge Figure 13 Piranha Pumps Mini-Dredge   7:05 p.m. Bruce Pinchin from Shoreplan Engineering Limited regarding Port Burwell Coastal processes study. Page 66 of 299 8:10 p.m. Fran Southwick regarding Vienna property concerns.Page 67 of 299 Page 68 of 299 Jobs for Bayharn, presentation for the council meeting May 6 2010 The jobs associated with the tourist industry are seasonal and poorly paid so why should we be just promoting tourists here in Port Burwell. Why not also promote some small businesses as well? At the last meeting council decided that chickens would scare any potential tourists from Port Burwell but the bulk of the tourists come for camping at the provincial parÍ< where there are raccoons, squirrels, birds and I'm sure that even chickens would not scare them away. It is odd that that Niagara Falls allows chickens and certainly seems to do well in the tourist trade. So would a few businesses also scare away the flock oftourists from Port Burwell? I doubt it. Rather than concentrating on tourists, what Port Burwell really needs more than anything is a local economy that offers permanent jobs but the Zonnghere does not allow any form of industry. Yes there are a few backyard enterprises fhat try to keep below the rad¿r and fear the inevitable visit of the bylaw offrcer. These businesses if they grow move from the area. Why should this be so? It only kills any incentive to have a local economy. Why should the fear that someone will abuse the situatiorU shown by the example of Wayne Casiers remembrance of his chickens, snuff out any potential growth in Port Burwell? rWayne Casier voted against chickens because as a child remembered they smelled but he has not visited my backyard chicken coop to see how a well kept my chickens really are. Does his bad experience dictate that those who do care for their chickens a¡e not even considered? Has any ofthe councilors encouraged or visited a non tourist business in Port Burwell? For example, now that our resident car mechanic died there is no place to take a vehicle for repair and if anyone offered the service it would be deemed illegal. Try frnding a place to repair an appliance there just isnt any legal place to do this. Try even furding ajob in Port Burwell. The biggest business here is lawn cutting which by any measure only degrades the environment and sucks precious money from the elderly. Port Burwell is a dying town. Yes you can apply for atemporary zoning for about $2000 but who wants to go that route when the outcome is unpredictable and more influenced by opinions than good reasons? If only the $80,000 spent on fairies went towards funding some small businesses! What we need are guidelines that if completed allow for a business opportunity and a change in the bylaws that allow a small business in something other than ones own home. As I have said before, Port Burwell has a marvelous location since I have proven that all of the energy requirements can be obtained from the sun and wind but where is the encouragement and inspiration to allow the residents to utilize this energy source and put it to good use? Think ofjust how many villages got their start. Look at Stratford, there a¡e a couple of businesses right in town and people built homes around it. People could walk to work and some of the businesses are still there and these businesses have not been asked to leave because the zoning came after the businesses were started. Port Burwell on the other hand had its fishing industry which is now down to one boat. Now with the current zorttngyou just cannot put any businesses there so Port Burwell is relegated to a place for welfa¡e recipients and reti¡ed persons with little hope for any economic improvement. Without a vibrant local economy Port Burwell will continue its downward slide and will soon be missing any commercially life af all andthe main street will become deserted in the next few years. I 8:20 p.m. Mat Redsell regarding jobs in Port Burwell.Page 69 of 299 applaudthe efforts ofthe local hardwa¡eto keep in business but their days are numbered unless something is done to encourage the local economy. Just askthem and they will tell you. Failure to address this situation will see more people move awayto jobs in other communities and business entrepreneurs will set up shop in other municipalities. I propose that a committee be set up to study changes to the zoning that shouldbe made to promote small businesses in Port Burwell and perhaps use this as a stepping stone to the rest of Bayham. -mat Redsell 8:20 p.m. Mat Redsell regarding jobs in Port Burwell.Page 70 of 299 5 Municipality of Bayham Joint Cemetery Board Meetine Minutes C ¿S 6 Bayham Municipal Offìce Council Chambers 9344 Plank Road, Straffordville, ON Tuesda¡ April27,2010 at 7:00 p.m. Present were: Ralph Carter, Marlene Carter, Jim Tait, Redvers Conod, George Beard Sr., George Beard Jr., Thomas Godb¡ Robert Gregson, and Lynda Millard, Secretary. Council Representative Deputy Mayor Evanitski was absent. There was no representation from Calton or Guysboro cemeteries. 1. Call to Order & Appointment of Chairman The Secretary called the meeting to order. Robert Gregson volunteered to chair the meeting. 2. Minutes of meeting held November 24r 2009 for approval Moved by George Beard Sr. Seconded by Redvers Conod "That the minutes of the Joint Cemetery Board meeting held November 24r 2009 be approved as circulated." Carried 3. Correspondence & Reports (a) Staff Memorandum Cem2010-06 regarding Cemetery Donations - Received (b) Staff Report2010-07 regarding interment rights - It was agreed that no action be taken at this time. 4. Other Business George Beard Sr. advised that he had been approached by Jill Beaton, in regard to burial of she and her husband in the Henry Brown (father of Jill) familyplot at the Dobbie Cemetery. It is understood that corner markers exist and a monument, with names, has been installed. R. Conod offered to contact Mrs. Beaton. It was agreed that placement of signage for the Hemlock Creeh Hutchison, Amerman and Abandoned cemetery sites be deferred. 5. Members Questions / Concerns / Comments - None Joint Cemetery Board minutes of meeting held April 27, 2010. File: C06 Page 71 of 299 Joint Cemetery Board minutes of meeting held April 27, 2010. File: C06 Page 72 of 299 5 â¿:l Otter Valley Chamber of Commerce Meeting of April 6,2010 Location: Schooner's Galley, Port Burwell Minutes Present Doug Lester, Cheryl Lester, Liz Underhill, Danielle Murray, Kathy Gregson, Mike Hawley, Brenda Martin, Ron Flick, Tom Benner, Allan Spicer, Joel Taylor, Earl Shea, Ron Bradfield, Bonnie Bradfield, Mayor Lynn Acre, Jan Collins, Nancy Row, Bonnie Brown. Welcome of members and our guests Val Donnell, Paul Vise, Deb Travis, Tammy Gardner, Ted Halwa, and Barry Wade. Approval of Minutes Adoption of March 2"d,2010 It was moved by Liz Underhill and seconded by Tom Benner, that the minutes from the March 2"d,2010 meeting be accepted as circulated. Motion carried. Business Arising from Minutes None Tub Daze Paul Vise, Deb Travis and Tammy Gardner from the Optimist club gave a report on the status of Tub Daze. There will be an application for the beer tent again this year. If it is rejected then the tent will only have non-alcoholic beverages. Donations have been down recently and there is a need for more volunteers especially with the collection of donations. Doug Lester will provide a list of OVCC members to the Optimist so they can try and solicit some donations. It was suggested that the Optimist contact the Police Services Commiffee for volunteers and to ask if the OPP can direct traff,rc after the fireworks. \iliFi on the Beach Sean Hurley has suggested a satellite on the chip wagon on the beach. The service would be available the same hours that the chip wagon was open. The service would target the East Beach mostly. Signs would be posted to inform visitors that WiFi was available. Once people started using it, social media applications are expected to be the best form of advertising. A request for donations has been submitted to Bayham council. The project is waiting for funding. It would cost $420 from May 24 to September 24 and a one time cost of$150. Treasurer's Report Revenue from Memberships $280 Expense total $161.65 Account balance 54977.48 Otter Valley Chamber of Commerce minutes of meeting held April 6, 2010. File: A01 Page 73 of 299 Since the treasurer was not present the numbers are unofficial and no motion was put forward. Special Presentation - Streetscapes Streetscapes is an improvement process to regenerate and revitalize an area by developing a vision to get people to the area and out of their vehicles. Ted Halwa gave a presentation on his company's background with dealing with small municipalities and described some of the improvements in Rodney and West Lorne. The main focus is to identifu the assets and come up with some high impact-low cost improvements to start the improvement process and build momentum for the larger projects. A master plan will be created to keep focused and maintain budgets. B,arry Wade gave some suggestions on filing in the vacant spaces in the area with street vendors, benches, and art. Building a unique experience in the area will keep the tourists coming back. The next step is to approach council and address the costs to build a master plan. It was proposed that the chamber endorse the project to show our level of commitment to the municipality. Motion was made by Liz Underhill and seconded by Ron Bradfield. All in favour. Coming Events Business After 5 Our next Business after 5 will be at Taylor Insurance in Straffordville on April 28th. The Aylmer Chamber has been invited so this will be a greatnetworking opportunþ. Breakfast Before Business - May 19th Next breakfast will be at the Lighthouse Restaurant 36 Robinson Street Port Burwell May 19th at 7:00am. Available Events There are still some openings for breakfast before business and business after 5. Talk to Kathy Gregson if you are interested. Membership Update Doug Lester received a letter from the corporate LCBO office that stated the Port Burwell LCBO will be rejoining the chamber this year. Doug went over the few members from 2009 thathave not paid 2010 dues and encouraged members to encourage their colleagues to join again. Membership Approvals It was proposed that the members accept Sam's Place and Barry Wade Design Build as members. Moved by Cheryl Lester and seconded by Jan Collins. Motion carried. New Business Harbourfront Committee After an impromptu meeting with Joe Presston over the dredging issue last week, Joe will try and get approval and funding for harbour dredging sooner than the normal start date of July 1't. The Harbourfront committee's next meeting will be April20 at 7:00pm. Otter Valley Chamber of Commerce minutes of meeting held April 6, 2010. File: A01 Page 74 of 299 David McAdams will be mooring his groomer "Slo Moe" in Port Burwell this summer. It has a yard and a half bucket attached to the stern. David is willing to groom the harbour but will need approval from the Department of Fisheries and Oceans. Other Business Expo Danielle found a contact for cloth tote bags for $.50 each printed with the Buy Fresh Buy Local campaign message. The chamber logo can be added and then used as a promotional item at the business expo. Danielle Murray motioned to purchase 200 bags for $100 plus taxes. The motion was seconded by Brenda Martin. All in favour. Fundraising Bittersweet Farms will be hosting a Big Sister / Big Brother fundraiser this summer. The date is yet to be determined and all are welcome to set up their own booth. Donations and volunteers are needed. Jabez Therapy Ranch Flowers are being sold to raise money for the ranch. Flowers will be available from now until Mother's Day. Doug encouraged members to submit details of such events or business promotions to him and he will include these details in OVCC newsletters. Mayor Comments Council approved the zoning amendment to allow tenants in lower levels of commercial buildings on a per site basis. The budget is still moving ahead. Grant requests have not been approved yet but time sensitive functions such as festivals will be prioritized. Tourism signage has some new standards that will require existing signs to be upgraded before the Intemational Plowing Match. Lynn also said that individual businesses can purchase signage to direct people to their business. For all tourism signage questions contact: Kate Burns Marketing and Communications Coordinator County of Elgin Phone 519-631-1460 ext. 137 Fax 519-631-4549 Kbums@elgin-county.on.ca Business Person Emeritus Comments - Ron Ron thought this was the best meeting he has attended. The energy is building to make things happen in the community and Doug is doing a great job directing it. Everyone needs to help and convince more people to join. Other Items A reminder to take advantage of the marketing opportunities through the International Plowing Match. Otter Valley Chamber of Commerce minutes of meeting held April 6, 2010. File: A01 Page 75 of 299 Adjournment Moved by Ron Bradheld that the meeting be adjourned. Meeting adjourned at 8:57pm. Motion carried. Next Meeting General Meeting Tuesday, Mray 4th,2010,7:00 p.m. at Schooner's Galley in port Burwell. ; Otter Valley Chamber of Commerce minutes of meeting held April 6, 2010. File: A01 Page 76 of 299 1 Ao t Heads uP M'^aø@@ April 19,2010 OGRA to Manage $750,000 Fund for Municipalities Cliquez icÍ pour la version française de ce signal d'alerte d'OGRA On March 24,2010, the Ontario Good Roads Association (OGRA) and Ontario's Ministry of Transportation (MTO) entered into an agreement to support municipal bridge infrastructure. The Ontario government will provide $750,000 to help Ontario municipalities collect and report data on the extent and condition of bridge structures in their jurisdiction. All municipalities will be able to apply for matching funding to a maximum of $5,000 to assist them with the costs of collecting, collating, compiling, formatting, and inputting bridge asset and condition data into Municipal DataWorks (MDW). To qualify for the funding, municipalities will have to provide a letter of commitment to submit bridge asset and condition data for inclusion into MDW by March 31,2011. The funding may be used for additional staff and/or consulting services. In her comments, Minister of Transportation, Kathleen Wynne stated: "The acquisition of municipal bridge asset and condition information is of great importance to the Province in order to support the assessment of municipal bridge infrastructure needs." "We were extremely pleased to be able to assist our members by managing these funds on behalf of MTO" said Paul Johnson, OGRA President and Operations Manager for the County of Wellington. "OGRA has been encouraging municipalities to get their infrastructure data into MDW, and this funding announcement will only accelerate our efforts." 'OGRA is well positioned to administer this program" stated OGRA Executive Director Joe Tiernay. "We already have close to 300 municipalities signed up to use MDW, and now that there is funding available to help offset costs, we hope to see the remaining 145 municipalities get on board. Only with solid infrastructure condition information, can municipalities truly manage their assets and make a solid case for future infrastructure funding." Details on how to apply for funding are attached and can be found on the OGRA website atwww'oora'orq -30- ONTARIO GOOD ROADS ASSOCIATION 6355 KENNEDY ROAD, UNIT #2, MISSISSAUGA, ON L5T 2L5 TEL: 905-795-2555 FAX: 905-795-2660 EMAIL: info@ogra.org u Alert keeping memtrers informed, Heads Up Alert from Ontario Good Roads Association regarding "OGRA to Manage $750,000 Fund for Municipalities". File: A01 Page 77 of 299 Page 78 of 299 5 Dear Trail Partner: On behalf of the Trans Canada Trail organization (TCT), I want to provide you with an update on recent developments at the Trail. Federal government funding: I am pleased to report that TCT's grant from Canadian Heritage, which was due to expire March 31 , 2010, has been extended for one year. This means that TCT will be able to carry forward the $2.5 million remaining in the grant and provide funding to trail groups for trail construction projects. TCT has also offered TCT's provincial and territorial partner organizations resources for staff to assist local groups with trail construction projects. TCT is very gratefulto the federal govemment and Canadian Heritage for its continued support. lmportant: lf your group is planning to apply for funds or has already had funds approved for trail construction from TCT, please be aware that the trail construction must be complete by March 31,20'11. Trail Funding Guidelines for 2010-11 will be available on TCT's website (www.tctrail.calpolicies.php) by April 26. For more information, please email our National Director of Trail, Tim Hoskin , at thoskin@tctrail.ca. Vision 2017: Thanks to you and other trail-building groups and organizations across the country, the Trail now includes 16,670 kilometres of operational Trail which is 73% of the proposed Trail route from the Atlantic to the Pacific and Arctic Oceans. Today, millions of Canadians and intemational visitors are using the Trailto experience Canada's magnificent landscapes, explore towns and cities, and get active and outdoors. TCT's goal is to connect the Trail by 2017Io coincide with the 25th anniversary of the Trail and Canada's 150th anniversary of Confederation. The completion of the Trail will be a major cause for celebration and provide a magnificent legacy for Canadians. Trail Master Plan: TCT has drafted Trailbuilding Guidelines and is developing a Master Plan to guide TCT and our Trail partners on the connection of the Trail. To date, data and maps for all trail sections and gaps have been assembled. We are now determining priority projects as part of the connection plan. Going forward, this information will be on the Trail's website, allowing the public and our partners to navigate the Trail online with improved information and ease. This will provide much clearer Trail information and maps, and will allow users to plan trips and seek the type of trail experience they desire. Promoting Your Trail: The Trans Canada Trail is made up of over 400 individual trails; the unique and varied features of each trail contribute to the grandeur of Canada's national trail. TCT wants to work more closely with you and your organization to promote and profile your Correspondence received April 26, 2010 from Trans Canada Trail regarding "update on recent developments of the Trail". File: Page 79 of 299 section of trail, encourage trail use and celebrate the commitment of local trail builders in your community. Starting next month, TCT will have monthly ads in the G/oþe and Mailfeaturing different Trail sections. ln the summer, a new 3O-second video on the Trailwill be shown in Cineplex Theatres nationally. We are also exploring new partnerships with provincialtourism agencies to market the Trans Canada Trail and local trails. We want to include information about your trail in these initiatives, on our website and in our: publications. We would certainly welcome photos and a profile of your trail for our upcoming Featured Trail of the Week. (Please send to lnformation Officer, Carolyn Ring-Ade, at cringade@tctrail.ca) Also available for you is the new TCT video, which you can see on TCT's website, and order in English and French. Exciting Time. There are many exciting things happening at TCT including partnerships with Parks Canada and Environment Canada's lntemational Year of Biodiversity; opening of new trail projects such as the Bridge of Dreams in Princeton, BC, and a wealth of trail events and activities in every part of the country. Be sure to visit our websife (www.tctrail.ca), sign up for our bi-monthly e-newsletter (www.tctrail.calenews.php) and join us on Facebook for the latest updates. Please send us your news and photos. Let me take this opportunity to thank you for being part of the Trans Canada Trail - the world's longest and grandest network of recreational trails. We look forward to working with you and your organization as we move forward to complete and promote this wonderful endeavour. This week is National VolunteerWeek (Apríl 18-24) and I want to thank the many volunteers who are working so hard to build local trails and who are the heroes of the Trans Canada Trail. Sincerely Deborah Apps, President and CEO 43 Westminster Avenue North, Montreal, QC H4X 1Y8 Tel: 51rH8+3959 / 80G46$3636 wunu=tetrcjLca info.@tetratLca Correspondence received April 26, 2010 from Trans Canada Trail regarding "update on recent developments of the Trail". File: Page 80 of 299 4pr,13,2010 2:32PM County of Elgin No,5l91 P, 1/2 ElgrnCounty April 13,2010 For immediate release Gounty Counc¡l approves $S¿ million budget CENTRAL ELGIN - Elgìn County Gounciltoday approved its $54 mitlion 2010 budget, providing a plan that delivers services to its ratepayerc and its seven partner municipalities. "This is a fiscally responsible ptan in ctrallengîng economiÁ tirn"*,'said Warden Bonnie Vowel. -lt is important that while we face challenges, we continue to invest in sçrvices that make Elgin a befter place to live and woih.n As an example, the owner of a house assessed last year at $200,000 with a $10,000 increase in this yea/s assessment, would pay an additional$52.50. For those whose assessment is not being increased, they will actually pay $5 less. .The loss of $1,000,000 in provincialfunding and increased Socialservices costs of $600,000 is driving up ttre l.uy," said the Countt's director of finâhcial services, Jim Bundschuh. 'The County has wqrked diligently to find efficiencies, mainly through improved operations in our long-term care facilities. "lf the province hadn'twithdrawn itsfunding," he added, "therewould have been. azero per cent increase from 2009. This wâs ac€omplished by realizing $1.1- million in intemaloperating efficiencies." The county expenditures include providing services in these areas and more: Ambulanoe, Library, Economic Development, Tourism, Ontario Works, Social Housing, Chi¡d Care and Elgin St. Thomas Public Health. The total county capital budget is $7,1 67,267 with major projects ineluding: En gi neerin g : ($4, 978, 467 hota| budg et) Wardsvil le Brid ge structure work at $500,000; Elm Street culvert in Aylmer at $200,000; road rehabilitation in . . ', ' Í: 'i.' ,., , :¡-'' :ii¡;! ii* ,ii'ir" """'''r" i ""'';""''"" ËåHå.".ffi. s[ Thomäs, orTtafio NSR 5V1 canadq Phone: 51*631-1460 Fax 51-96337661 www. ê lgl n+.Ou nV. 0 n.Cq ProÉresslveby Nature Correspondence dated April 13, 2010 from County of Elgin regarding "County Council approves $54 million budget". File: Page 81 of 299 Apr,'13, 2010 2:34PM County of Elein Southwold at $1,700,000; and, traffic signals at John and Beech Street in Aylmer at $300,000. Community and Cultural Services: $45,000 in þprovements to Springfield Library. Homes: $900,000 in improvements, Also included in the capital budget ¡s $1.7 million to pay back capital fund loans for the Elgin Manor rebuild and Calton Line construction. St. Thomas-Elgin General HospÍtalwillbe allocated the second of six promised payments in the amount of $166,667. The County will give a total of 962,800 in grants including $7,500 to the Aylmer Fair. For more budget information, plåase visit u¡n¡ilætgin-cquntv.on.cq -30- , For additional information, please contact Jim Bundschuh 519s31-1460x 103 No, 5 1 92 P, 1/1 Correspondence dated April 13, 2010 from County of Elgin regarding "County Council approves $54 million budget". File: Page 82 of 299 5 Êtt^ MUNItrIPAL PREPERTY ASSESSMENT CORPERATION Apnl22,2010 To: Heads of Council From: Subject: All Ontario Municipalities Debbie Zimmerman Chair, MPAC Board of Directors 2009 Annual Report and Financial Statements Please find attached for your information, the Municipal Property Assessment Corporation's (MPAC) 2009 Annual Report and Financial Statements for the Year Ended December 31,2009. These documents have been prepared as required by the Municipal Property Assessment Corporation Act. Copies have been provided to the Premier, Minister of Finance, MPPs and the Association of Municipal ario. Both the Annual Report and Financial Statements are also available online www.moac.ca. I trust you will find the reports informative in reviewing MPAC's activities in2009. If you have any questions regarding the reports, please do not hesitate to contact me at 905 688-0990, extension 225, Carl Isenburg, President and Chief Administrative Officer, at 905 837-6150, or Arthur Anderson, Director of Municipal Relations, at 905 837-6993. Yours truly, Debbie Zimmerman Chair, MPAC Board of Directors Enclosure Copy Carl lsenburg Arthur Anderson Office of the Chain c,/o Municipal Pnoperty Assessment Cot'poration 13O5 Pickering Parkway, Pickering, ON L1V 3P2 T: 9O5.688.0990 ext 224 F: SO5.831.OO4O www.mpac.ca Form No LH4OO1A Correspondence dated April 22, 2010 from Municipal Property Assessment Corporation regarding "2009 Annual Report and Page 83 of 299 Correspondence dated April 22, 2010 from Municipal Property Assessment Corporation regarding "2009 Annual Report and Page 84 of 299 2OO9 - YEAR IN REVIEW ln 2009, MPAC continued to work to detiver assessment products and services to meet the needs of property taxpayer customers and municipat, provinciaI and business stakehotders. MPAC imptemented a number of significant legistative changes in 2009 as Ontario entered the first year of the new four-year phase-in program. The organization also continued to improve productivity and enhance its services, inctuding: o maiting more than 900,000 Property Assessment Notices to reftect in-year changes; . processing 178,000 Requests for Reconsideration within the new legistated timetines; . updating and vatidating data for approximatety 250,000 properties across the provrnce; adding more than 52,000 properties to assessment rotts; and adding almost $25 bil.tion in supptementary and omitted assessment to rotls as the resutt of new construction in the province.II I P.,TïTNGc.,s'oMERSFTRST Throughout 2009, MPAC met with customers and stakehotders to answer questions and provide information. ln addition to being avaitabte at offices across the province and responding to enquiries through the Customer Contact Centre, MPAC al.so hosted more than 1,300 meetings and outreach initiatives with municipatities, govern ment representatives, busi nesses a nd property taxpayer grou ps. Whil.e the organization makes information avaitabte in a number of print formats,\ more and more customers and stakehotders are turning to the lnternet. ln 2009, over one mitlion visitors accessed information through www.mpac.ca and nearly 100,000 property taxpayer customers registered on AboutMyPropertyrM to receive detaited assessment information and compare their property's assessment to that of properties in their neighhourhood to see if it is accurate. This informatìon is provided at no charge to property taxpayer customers. ln addition, and in acknowtedgement of our successfuI efforts to increase customer communication and satisfaction, MPAC was recognized by the prestigious lnternational. Association of Business Communicators IIABC) with an Award of Merit for marketing communications focused on "Engaging the Customer: Property Assessment in 0ntario." Correspondence dated April 22, 2010 from Municipal Property Assessment Corporation regarding "2009 Annual Report and Page 85 of 299 COMMITMENT TO CONTINUOUS IMPROVEMENT The assessments prepared by MPAC are regutarly measured against the standards set bythe lnternationatAssociation of Assessing Officers (lAA0l and each province- wide Assessment update has exceeded these standards. MPAC's residentiaI vatuation systems were reviewed in 2009 by the lAA0. This independent review provided an importantvatidation of the procedures and pol.icies MPAC has in ptace for vatuing residentiaI property in 0ntario. ln 2009, MPAC received Level One certification from the Nationat Quatity lnstitute's f NQll Progressive Excetlence Program. NQI is an independent, non-profit organization committed to advancing organizationaI excettence. They are recognized as the Canadian authority on qual.ity and heatthy workplace practices. MPAc, a 10-year member of the NQl, decided to participate in their Qual.ity and Heal.thyWorkptace Progressive Excettence Program as part of its commitment to continuous improvement. The four-tevel program typicatty takes several years to comptete. At each tevet, the organization must demonstrate a progressivety deeper and broader commitment to quatity and the environment, as wet[ as measurabte results and continuous improvement in the heal.thy workptace category. ln 2009, MPAC was atso recognized for being one of GreaterToronto's Top 90 Emptoyers. MPAC appl.ied to the program for the first time as part of the organization's commitment to exptore and imptement best practices and emptoyee programs so that it may reach its goats to deliver the best possibte products and services. Greater Toronto's Top 90 Employers @ ffi Correspondence dated April 22, 2010 from Municipal Property Assessment Corporation regarding "2009 Annual Report and Page 86 of 299 frta h1'I NI I]IF,4L FFTTÞãf¡'TY Âg SEgSMTNT CE]É T¡If FÀTIT] N Apr'l29,2010 To: All Ontario Municipal Councifs From: CarI Isenburg, President and Chief Adrninistrative Officer Municipal Property Assessrnent Corporation (MPAC) Tentative Settlement $'ith Ontârio Public Service Employees Union (OPSEU) I would like to advise that a tentative settlement has besn reachd rvith OPSEU' which represents approximately 1,4@ MPAC ernployees across Ontario. W'e have settled previous contracts with OPSEU without a strike and we have been workinghard since the previous collectivç agreernent expired on Dæember 31, 2009, to successfully conclude these bargaining discussions. ln keeping with flre spirit and intent of ihe recænt pravincial budget, we have sEuck a two-year contract with no increases in salaries or the ove¡aÎl cost of benefits tbr 2010 and 201L rüe will continue to focus on delivering services to Ontario property taxpayers and ou provinciat and rnunicipal stakehotders including preparing the keliminary List of Electors for the upcoming Municipal Elections, managing Requests for Reconsíderation and Appeais, adding supplementary and omitted assessmentto thc tax rolls and updating data. This tentative agreelnent is subject to ratific¿tion by our Board of Dírectors and the bargaining unit membership. We have agreed that ratification will be compleÉed by May 14, ZA7A. If you have any questions please contast A¡thur Á,núerson, Director, Municipal Relations, at 90s-837-6993. ve Officer Copy ArthurAnderson Correspondence dated April 29, 2010 from Municipal Property Assessment Corporation regarding "Tentative Settlement with Page 87 of 299 Page 88 of 299 PLAY WORKS The Ont¿rio Partnership for Active Youth, Apnl23,2010 PlaY rrVorks clo302- I Concorde Gate MayOf Lynn ACfe roronto, oN MuniciPalitY of BaYham M3c3N6 P.O.Box 160 I 9344 Plank Road Straffordville, ON NOJ lYO Tel:416426-7142 Fax:416426-'1371 Dear MaYor Acre: owo@olavworkspartnership.ca On behalf of Play'Works, the Parürership for Active and Engaged Youth, I am wwwp,a],workspa*nershpca å';:;#i*'å:11i"ï,ïlitåliïi#ïT:i"lH,:iT:ir#"îg:,Î",ffiHy", Health Promotion. This prestigious event, held at Queen's Park on October 27,2009, recoguized 11 communities for their efforts toward and investment in youth play. Play Works believes that those aged 13 to 19 years need diverse and abundant opportunities to gain experiences designed to help build the competencies that will enhance their growth as successful and contributing members of their communities. Every year we are pleased that more and more communities are stepping forward to say ''We value youth in our community.' The applications for the 2010 Youth Friendly Community Recognition Program will be available online on May l*t at www.playworksoartnership.ca. I hope that we will see your community's application when the applications are due on December 1,2010! In the meantime, should you have any questions at all please contact Marion Representative.Priceat4|6-426-7065otviaemai1at. 4-H Ontario Arts Network for Children and Youth ReSafdS- Boys and Girls Clubs of Ontario e Educational Research @¡-u a-() Jennifer Cowie Bonne YMCAontario Chair, Play Works 5 r 11 l /\ Ò2 Correspondence dated April 23, 2010 and brochure from Play Works regarding "Youth Friendly Community Recognition Page 89 of 299 PLAY W RKS Partnership for Active and Engaged Youth TOWN OF AJAX TOWNS H I P OF BROOKE-ALVI NSTON CITY OF BRAMPTON COUNTY OF BRANT CITY OF HAMILTON TOWN OF HANOVER CANADIAN FORCES BASE PETAWAWA CITY OF PICKERING MUNICIPALITY OF PORT HOPE CITY OF SAULT STE. MARIE TOWNSHIP OF RIDEAU LAKES * li Correspondence dated April 23, 2010 and brochure from Play Works regarding "Youth Friendly Community Recognition Page 90 of 299 PLAY W RKS Partnership for Active and fncJagecl Yr;itlh Brampton offers youth an impressive array of play options, incfuding drop-in centres, sports programming, theatre groups, and more. Brampton youth are engaged with their community through qroups srrch as the Mayor's Youth Team, the award-winning Clean City Youth Ambassadors, and events such as the Youth Can Move the World Symposium. Brampton offìcials, including the Mayor and the School Boarci Chair, have endorsed the Peel Youth Charter, which recognizes youth as important and contributing members of the community. Front row frorn left: Zehra Shaclab; llôrrv Gðndhi; Liz Vail [yslnga; Tðmrny Reynolcis; Angel na ZhLl Back row from lefl: Sanreer Sethi; Richelle Campbell; Jasmeet lúarwaha; The Honourable ¡/drg¿rett Best, ¡,,finister of Heallh Promotion; ¡,4onica Tang; Candice Debi; Susanna Tang; Priscilla Velasco; Euqene WÌlson Youth in Ajax are offerecl many activities, events and opportunities to be involved and engaged in their community. Youth talent is showcased annually at Ajax on stage, where youth performers sign up and perform at the event, which is held at the local theatre for the whole community to enjoy Youth who are newcomers to canacla can take advantage of the Host Youth Program, which pairs them up with a peer mentor who helps welcome and include them into their new life in Ajax. Front ro\,,/ frorn left: l(ristelle Jadoo; Jahmôl Gillens; Breyan Sinnott; Jordan Tapper; ¡annah N4ðrac e Bêck row lrom left: Howie DaVton; Brian Skinner; Robbie Prochilo; The Honourðble N4argarett Best, lvlinlstef of He¿lth Promotior'ì; cêtherlne spagnuolo; Ton Gfênl; lvðyor steve ParÌsh; Linda cork In Brooke-Alvinston, youth have access to many recreat¡onal facilities, including a skate park that was createcl through the impetrls of a local youth petition and where youth input was actively souqht in its desiqn. A rural community, Brooke-Alvinston has made prov¡sions to ensuTe that as many youth as possìble can participate, such as providinq bus service for students involved in after-school activities and holding City Council meetings at a focal school for students to attend and observe. Front ro,il from eFt: KaLrina Richter; Devin Triest; lvldyor Don l,4cGugan; Sarah Hi ls; B¿rbara Annetl Back rovJ f rom eft: l,/ PP l\/dria vânBolnmel; lvlichel e l(oolen; Anne lvlcGugan; The Honourab e l,4argêrelt Best, lr,4inister of Heallh Pronnotion; Jul¡e N4illson; Ruth i\,4cCðllum; Helen Lomax Correspondence dated April 23, 2010 and brochure from Play Works regarding "Youth Friendly Community Recognition Page 91 of 299 City of Hamilton Youth in Hamilton are connected to their community in many ways. Civic engagement is promoted through youth councils and committees, such as the Hamilton Youth Advisory Committee and the School Board's Student Trustee program. Youth advocate their needs and interests through these outlets and others, such as the Youth Anti-Racism Network. The City of Hamilton has committed funding to youth play, most recently exemplified by the newly-built skate park and community complex. Front row from left: Katrina Schotsman; M.P.P. Paul Miller; Councillor Scott Duvall; Shannon Shymanski, Ben Konyi Back row from le[t: Greg Maychak; Coralee Secore; Tamara Roberts; TJ Grahêm; Wayne Robinson; The Honourable lvlargarett Best, Minister of Health Promotion; lhab El Mlafi; Nastaisha Zimmerman; Sðrah Bardwell; Corey Beaudoin; Ashley Greenwood; Diane Lapointe-Kay County of Brant This community has diverse options for youth play and has balance between sport and arts and culture programming. Youth numerous opportunities to engage in leadership development and'i including volunteer placements with the Brant County Parks and. The School Board has entered into a "community use of schoofs" with the County, through which they provide facilities and share They also collaborate on many different initiatives to communicatè':i to youth, such as the Stop Don't Start anti-smoking campaign. ' j From left: Rita Stratford; Stephanie Delaronde; The Honourable Margarett Best, Promotion; Councillor Robert Chêmbers; Lesley Atkinson; M.P.P. Dave Levac; Stacey Town of Hanover Hanover has a strong community partnership strategy th a coalition comprised of members from youth service provi diverse areas of community life. Through these partnerships, of Hanover benef it f rom programming that supports positive development, public events, and focus groups that allow the to be heard in community decision-making. The community h a Youth Friendly Business Program to ensure that local busi organizations support the youth-friendly approach. Front row from left: Kristi Mccracken; Maria Kuntz; Mayor Kathi Maskell; JustÍn Eack row from left: J¡m Hinds; Krista Klages; The Honourable Margarett Best; Promotion; Sam Zettle; Alex Coop Canadian Forces Base Petawawa CFB Petawawa is a unique community that serves it youth well. Its popular and active youth centre, Petawawa "Teen Scene," provides youth with varied weekly programming, as well as a fun and welcoming space to hang out. Youth are encouraged to attend and participate in Teen Council meetings that use the slogan, "Stand up and be Heard," and in the variety of programs and services available including sports, leadership development, social networking and service learning. From left: Nicole Aulenbach; The Honourable Margarett Best, Minister of Health Promotion; Trish Burke Ê ,. 'tl Correspondence dated April 23, 2010 and brochure from Play Works regarding "Youth Friendly Community Recognition Page 92 of 299 City of Pickering There is an extensive program of free weekly events for teens in Pickering. These events are run primarily through youth input and organization. The City supports a local high school's annual art show, providing a space for youth to showcase their talent, which has received recognition from the Mayor and local media in this endeavour. A group of youth took the initiative to create a youth sub-committee of the Pickering Advisory Committee on Race Relations and Equity called tYoUJnity and has successf ully planned events and campaigns since its formation. Back left to right: Kim Bradley; Mayor David Ryan; clayton Kirouac; l,/ôrisa carpino; The Honourable Margarett Best, Minister of Health Promotion; Heather Butler; Leslie slovick; Krystal Ferguson; M.PP Wayne Arthurs Front left to right: Caitlin Kirouac; Karina Clendenning; Sarah Pizzale; Merissa Stephenson; Danielle Feraday rlity of Port Hope ioitiatives developed by youth for youth run year round. Youth gports tournaments, self-defence classes, and access to the local and youth lounge for only 51 a day. Port Hope celebrates Youth with an array of free and low-cost activities' organized by groups community that engage youth and connect them to community voice ís heard in Port Hope through representatives on a number of s, youth councils, and other community groups. Snoek; Barb Pemberton; The Honourable Margarett Best, Minister of Health i(ehoe; Heather Norris; M.P.P Lou Rinaldi Chris Hebb; Zoe Begopoulos; Councillor Ted Watts; Leanne Clarke; Tommy Normand offering op¡ons ranging from an after school bowling league to a "horseless" horse club. This club provides youth the opportunity to take horseback riding lessons for a minimal fee. The local paper recognizes youth through a weekly column, written by a local high school student and dealing with issues of student life. The high school has the Youth Program Coordinator attend and present at Monday assemblies. Front row from the left: Susan Dunfield; The Honourable Margarett Best, Minister of Health Promotion; Sandra Dunfield ult Ste. Marie the sault Youth Association has assessed youth needs and is addressing array of play options for youth. Youth in the'Soo'get involved in Fresh pubf ication written for youth, by youth. The Art Gallery of Alqoma works "school boards to provide an enhanced visual arts certificate program for students. Youth plan, organize and run a city-wide Buskerfest each year for nity to enjoy and the United Way offers a Youth Spirit Award. Lisa Vezeau-Allen; The Honourable lr4argarett Best, Minister of Health Promotion; ly Community Recognition Proqram c/o 1 Concorde Gate, Suite 3O2, Toronto, ON M3C 3N6 hip.ca . www.playworkspartnersh¡p.ca This project was made Possible through funding from the Heart and Stroke Foundation of Ontario H EART& STRO KE FOUNDAfION OF ONfARIO . Fax: 416.426.7371 Finding answers. Fot tlfe Correspondence dated April 23, 2010 and brochure from Play Works regarding "Youth Friendly Community Recognition Page 93 of 299 Page 94 of 299 CORPORATION OF THE MT]NICIPALITY OF BAYHAM STAFF REPORT TO: Mayor and Council Members FROM: Planning Coordinator/Deputy Clerk SUBJECT: Noels Site Plan AgreemenfBy-law 20L0-046 DATE: May 3, 2010 FILE: Dl I.NOELS NUMBER: D2010-10 Purpose To recommend approval of a Site Plan Agreement with Clifford and Marlene Noels. Background Clifford and Marlene Noels have applied to the municþality for a Site Plan Agreement for the their property located at8525 Sandytown Road, Concession 7 PafiI-ot 123. The property is currently subject to consent application 839/09 for a proposed lot addition from the adjacent property located to the south. The Noels property and the additional lands are currently subject to a rezoning application to change the zoning from Agricultural (Al) and Rural Industrial (M2) to a site-specific Rural Industrial (M2-9) Zonewithregulations for the "Light Industrial uses, including an existing concrete/cement business". The purpose of the site plan agreement is to satisff a condition of a current consent application. The owners are planning to obtain alllT nf I\ZOZ+ ft2) parcel of land with an existing metal storage building. The owners currently operate a concrete/cement business at the property under a Rural Industrial (M2) Zone and further development, including the proposed severance for additional lands, requires a site plan agreement. Staff Comments Municþal staffhave no further concems with the proposed site plan agreement and plan. The lands will continue to be used for the concrete/cernent business. The items of concem for site plan control were buffering requirements along the southerly side lot line and along the outdoor storage area facing the front lot line and clear delineation of the outdoor storage area. These concerns have been addressed as shown on the site plan drawing Attachment "C" indicating that 6' cedars will be planted along the southerly lot line and along the east side of the outdoor storage area for buffering and the outdoor storage area will be reshicted to the concrete pad area to the north and east of the steel barn. The text of the site plan agreement is in accordance with the standard form of agreement previously approved by Council. The Agreernent and authorizing By-law are presented to Council for enactment. Affachments l. Site Plan Application 2. IBI Memo dated March 30, 2010 Re: rezoning and site plan application 3. Draft ByJaw 2010-046, Site Plan Agreement attached as Schedule'A' Strategic Plan Goal(s) Goal # 3 - Create apositive business atmosphere Goal # 6 - Provide and encourage altractive lifestyle choices Staff Report D2010-10 regarding Noels Site Plan Agreement / By-law 2010-046. File: D11.NOELS Page 95 of 299 Staff Report D2010-10 Noels Site Plan RECOMMENDATION *TIIAT StaffReport D2010-10 be received; Page2 A¡ID THAT By-taw No.2010-046, being a By-law to authorize the execution of a Site Plan Agreement with Clifford and Marlene Noels and the Municipality of Bayham be presented for enactment.tt Respectfully submitted, ill, Planning Coordinator/Deputy Clerk Staff Report D2010-10 regarding Noels Site Plan Agreement / By-law 2010-046. File: D11.NOELS Page 96 of 299 FILE No. REC'D: þ¡¡. ruets DATE APPLICATION CONSIDERED COMPLETE: TVAr?* FEE xncarffi S@ıæ-& n 7 r /r o MrJNrcrPALrrY oF BAyHAM €pit+ oo q - oot a'o t SITE PLAIT APPROVAL APPLICATION FORM The undersigped hereby request the Municþality of Bayham to consider a Site Plan Conhol application pursuant to Section 4l of the Plaoning Act on the lands hereinafter described. This application is accompanied by a fee of$2000 ($1000 fee & $1000 deposit) by cash or cheque made payable to the Municipality of Bayham. 1. BACKGROUND INFORMATION a) Appricanrs Nu " Cl"rÇVoßO Ê Ø*\tØ + îûftßl'NIZ ÊÚl¡\NbR \Jo-uts Applicant's Mailing Address relephoneNumb* 5H"FJrl0-32-I? FaxNumber DftmØ. Registered Owner (if other than applicant) 9*ru"2 fts ft@uicn¡)rs Owner'sAddress qftrl\^€ TelephoneNumber Sq,û/\ø FaxNunber Sflf\,\l c) Location ofSubject Land R0. î<Qq mfiffiovtu-ø \11 PtanNo. orconcessionlOCl NTfe Reference Pr- \ lß- 4ZD5 ellAddresstir"yl $brh Sfi{orj-rodñ Qo*o . etween orficial plan Desigpari"" hÊrRtar^LãÙ¿fl L - ZoningBy-law-ExistingZoning QURnu \ÑOCmC¡nU CCf,Z) r$us to b) Lot Number(s) Part Number(s) d) e) Existing use of Subject property l(or2As¿ tÞcr ulY Specific indication of proposed uses of þd and buildings r\* ÉloQftê'L Y*crurrv 2+%'7w3-Requested z-onng?.* ò , Staff Report D2010-10 regarding Noels Site Plan Agreement / By-law 2010-046. File: D11.NOELS Page 97 of 299 2. SITE INFORMATION a) Zoning Provisions Iot Frontage Lot Depth Lot A¡ea REQUIRED pnopos¡o $ffftl ---56ñ'Tcn s'tæeo Ptc¡ Pnçrr-Url.'eql ) Él\3'b3% No. of Pa¡king Spaces No. of Inading Spaces V/idth ofPlanting SEip Drivewayrü/idth Handicap Spaces Other (Specify) OflStreet Pa¡king and I¡adine Facilities Total number of oflsheet parking spaces existing Number of oflsteet parking spaces proposed (include existing & proposed) Number of off-sheet loading facilities existing Number of oflstreet loading facilities proposed (include existing & proposed) ñtn \! tÊ 3. a) COMPLETEASAPPLICABLE: ^(. . MULTIPLE FAMILYRESIDENTIAL l\}Ift b) Proposed Buildins Size, ÞCfSffÑA . Ground Floor A¡ea of Existing Buildings(s) Ground Floor A¡ea of Proposed Development Total Ground Floor A¡e (including existing & proposed) Number of Storeys proposed Buildins Heisht prooosed gÊeÑ fxríÑtr oÑ L¡Ñôs io gE 9Érç4@ Total Gross Floor Area Proposed (including existing and proposed) WBsa+m) Landscaped Area sqm Conversion or Addition to Existing Residential Buildings Yes- No Amenity and/or Children's PlayArea Yes UNITBREANOWN Type Bachelor One-Bedroom Two-Bedroom Three-Bedroom Number of Uní*Floor area oÍUnít Type Staff Report D2010-10 regarding Noels Site Plan Agreement / By-law 2010-046. File: D11.NOELS Page 98 of 299 a) COMPLETE AS APPLICABLE: - (cont'd) MULTIPLE FAMILY RESIDENTIAL - (cont'd) b)COMMERCI.{LIINDUS TRHL/INS TITUTIONAL/OPEN USES (as applicable) No, ofNew Buildings Proposed Conversion or Addition to Existing Building Describe Gross Floor A¡ea (breakdown manufacturing area, etc.) by qæe of use, eg. - omce area, retail, storage, Seating Capacity (for rest. or assernbly hall, etc.) Describe Tlpe of Business Proposed No. of StaffProposed - Initially Open Storage Required Yes sPAcE oR orHER \t/f Yes No hfuture (5 yrs) No Desqibe t¡pe, location, and buffering (if any) Phasing if any Describe Tlpe of Use Proposed No. of Beds (if applicable) Gross Floor A¡ea by Type of Use (eg. office, cornmon rooms, storage, etc.) Landscaped Area sqm If¡esidential useproposed as part of, or accessoryto commerciaVindustriaVopen space/other use, please speciffType Number of Units FIoor ørea of Unit Type Bachelor One-Bedroom Two-Bedroom Th¡ee-Bedroom S ofthe in the of Et-urÑ DO SOLEMNLY DECLARE THÄT: All of the statements contained in this application a¡e true and I make this solemn decla¡ation conscientiouslybelieving it to be tn¡e 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 "r$c,fu_ d.vlllq i"tn" G6--ì? El ,-rilJ 20lo Muaicipality of Beyüalr. Attâchmetrts: Site Plan Control By-law 2005-061 with Schedule "Ä' only Signature of Owner /z4geñ- Other Facilities provided (eg. play facilities, underground parking, games rooms, Deputy Clerk ofthe Corporatiou oftùc Staff Report D2010-10 regarding Noels Site Plan Agreement / By-law 2010-046. File: D11.NOELS Page 99 of 299 t- O-{ L-l lu u) o I-l]ao Å)Þìr{(ì *{ Oçz .L lr l I i I I / l I æ NORTH LOT 123 CONCESSIOI\ NOFITJ-] OF T¿\LBOT ROAD GEOGFì,I\PJ-IJC TOWNS|-IJP OF B,AYH¿\M P.t.N. 35J37 - 0225 230.00' (P1 & M) P,¿\RT I 11R-4205 (ìa2n ¿lì U1 a1 O O Tr*{ t: O\1 tÞ ¿- ÞJ()t :l OÞ {f, ão'thz¡ılc ors DO>:J<*lv, 9s-o>¡q€ñ aQ 6v 'o/o /jo%- s*, 6--''s- <') o N 00'30' Jo" E \) I i ( ì : !v Iet Øaìì I vl ìì aÞo -L OJ l- \ i =uuuo! I o'ñ N!PART -:l 11R-BzI13 N 00' 30' J0" E (Pl >--r ¡--< 0.31 9ó RO¿\D AI-]-OWANCE -.,à BETWEEN ].OTS ]23 ,t\I\D 12¿I (66'WDE) P,ART PI-,¿\N P.r.N. 9ó zl o¡ g I Ël s.l dp' IÞ¡t ¡\) S t a f f R e p o r t D 2 0 1 0 - 1 0 r e g a r d i n g N o e l s S i t e P l a n A g r e e m e n t / B y - l a w 2 0 1 0 - 0 4 6 . F i l e : D 1 1 . N O E L S P a g e 1 0 0 o f 2 9 9 l4au. 22 2ØØ9 I1,t27ñ11 PL- l'|c, iió'l L jFAX NO. : 2t)()Y 9:4öA|\Ë 7. 'TÊ ^: ^ô':CJ i$ .se ; af" b c2).e :.F tÞt ¡ m(,tIo Mú ,:, t? c 6.à I (t ?t Ji 7SV N I r-tv-td 2tts ,, ?.__J-tvåwffiuJ--LH êit¡l .1ii_i,/'t l.?l 'n'lF Staff Report D2010-10 regarding Noels Site Plan Agreement / By-law 2010-046. File: D11.NOELS Page 101 of 299 lBl Group 203-350 Oxford Street West London ON N6H lT3 Canada tel 519 4727328 fax 519 4729314 To/Attention From cc Subject Municipality of Bayham Derek Dudek, MCIP, RPP Date March 30,2010 Project No 3a04 -@- Steno dd 1. Memorandum Noels et Oakley - Rezoning and Site Plan Application - Pt Lot 123, Concession 7 (8525 Sandytown Road) We have completed our review of the applications to amend the Zoning By-law and for Site Plan Approvalfor the proposed conveyance by consent of 1117 m2 (12024 ff) of land with an existing metal storage building. The subject lands are currently part of a2570 m2 (0.6 acre) parcel of land that includes an existing single detached residential dwelling, located at the northwest corner of Sandytown Road and Stewart Road, in Part Lot 123, Concession 7, NSTR. The subject lands have been conveyed conditionally to a similarly- sized parcel of land to the north along Sandytown Road, which also includes an existing single detached dwelling. The subject lands are designated 'Agriculture" with "Haza¡d Lands" constraints in the Official Plan and zoned Agricultural (A1) ¡n Zoning By-law Z456' 2003. We had previously commented on the consent application in a memo to the Municipality dated June 8, 2009. Elgin Land Division Committee (EODC) application E39/09 granted the severance of the subject lands conditional upon rezoning and site plan approval. Rezoning is being requested to the Rural lndustrial (M2) Zone which is the same zoning currently applied to the northerly lands to which the proposed severed lands are to be conveyed. The subject lands are currently used for storage for a concrete/cement business by the owner of the northerly lot and will be continue to be used for the same purposes but under a revised (yet similar) lot configuration. Surrounding land uses include the retained residential lands to the south, and agricultural fields to the west, east, and north. There is a wooded tributary approximately 100 metres to the northeast. This and other tributaríes in the area are the likely reason for the generalized "Hazard Lands" constraint mapping in the area. IBI Group is a group of fìrms provid¡ng professional services and ¡s affiliated w¡th lBl Group Arch¡tects Staff Report D2010-10 regarding Noels Site Plan Agreement / By-law 2010-046. File: D11.NOELS Page 102 of 299 lBl Group Memorandum Municipality of Bayham - March 30, 2010 3. Our review of the M2 Zone regulations is as follows: Minimum LotArea 4000m2 M.inímum Lot Frontage '30.0m 61.9m Maximum Lo! Coverage 35o/o 13.6% Maximum Building Height '12.0m 5.33m Minimum Front Yard Depth 12.0m 25.9m Minimum Side Yard-Wdth 7.5m Minimum RearYard Depth O.75m Minimum'Distance Separation (from - 150.0m, orMDS 1, ' .tlo iiveàtætfacilities .livestock buìldings or itructures) .i 'whicheúer is greatèr within'350m ' ' 4.The newly configured lot has a side and rear yard of 0.75 metres (2.5'), where 7.5 metres (25') and 10.0 metres (33') are required respectively for the M2 Zone. However, the building is existing and the side lot line was approved in this location as being approximately halfway between the building and the southerly dwelling's septic bed. With respect to the undersized lot area, it is noted that the existing M2Zone will double in area and that there is no new development associated with the applications. We would support these reduced setbacks through the required rezoning. The subject lands are considered a legal non-conforming use as they are not designated "Rural - lndustrial" within the Official Plan. Without justification to illustrate the potential impacts of the full range of uses permitted in the M2Zone, it is our opinion that it would be prudent to limit the type of industrial uses that could be located on the subject lands in order to protect the surrounding residential land uses from potential odour or noise impacts. Such zoning should be flexible enough to permit the existing concrete/cement business but also allow for some other industrial uses without additional rezoning. The zoning by-law amendment should list the permitted uses as "Light industrial uses, including an existing concrete/cement business". The sketch accompanying the site pfan application does not indicate any significant changes from existing conditions. Outdoor storage areas are located generally in the central portion of the site, and to the north of the storage building, which is consistent with existing outdoor storage areas. A barn located near the front of the property is to be removed as it is partly within the public right-of-way. Our original memorandum requested a site plan agreement to address buffering, outdoor storage, and fencing with respect to 5 6 Staff Report D2010-10 regarding Noels Site Plan Agreement / By-law 2010-046. File: D11.NOELS Page 103 of 299 lBl Group ¡lemorandum Mun¡c¡pality of Bayham - March 30, 2010 the potential ímpacts between the concrete business and the residential parcel to the south. We would request that a more detailed site plan be submitted showing the following: o '1.82m (6') high privacy fence, or a continuous row of evergreen shrubs (allowing for similar height) along the southerly side lot line; . Clear delineation of outdoor storage areas; . Appropriate buffering (ie. fencing or shrubs as per the 1r bullet point) along the side of all proposed outdoor storage areas facing the front lot line. 7. Based on the above review we can offer conditional support for the rezoning of the subject lands subject to a site plan drawing being submitted and subsequent agreement being executed as per paragraph 5) above. Rezoning of the subject lands will require site- specific regulations to recognize the undersized lot area and reduced yard setbacks as noted above, and should include regulations requiring a buffer strip along the southerly side lot line, and in areas where outdoor storage is visible from the public rightof-way. 7¿r'1 ¡BIGROUP Derek Dudek, MCIP, RPP Consulting Planner to the Municipality of Bayham J13404\460 Oakley\PTMoakley2o1 0S'30 dæ\201 0{4-1 3\DD Staff Report D2010-10 regarding Noels Site Plan Agreement / By-law 2010-046. File: D11.NOELS Page 104 of 299 THE CORPORATION OF THE MTJNICIPALITY OF' BAYHAM BY-LAW NO. 2010 - 046 BEING A BY.LAW TO AUTHORIZE THE EXECUTION OT'A SITE PLAIT AGREEMENT BETWEEN CLIFFORD AND MARLENE NOELS AND THE MT]NICIPALITY OF BAYTIAM WHEREAS subsection4l(2) of the Planning Act, R.S.O. 1990 Chapter P.l3 provides in part that where in an offrcial plan an area is shown or described as a proposed site plan control are4 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. AII{D WIIEREAS the Municipality of Bayham has enacted a Site Plan Control Area By-law pursuant to Section 4l of the said Pla¡ning Act. AllD WHEREAS subsection 4l (4) of the said Planning Act provides in part that no person shall undertake any development in an area designated under subsection (2) unless the council of the municipality or, where a referral has been made under subsection (12), the Municipal Board has approved one or both, as the council may determine, of the following: l. Plans showing the location of all buildings and 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 execution of a site plan agreement is a condition of Elgin County Land Division Consent Application F.39 109. AI\D WHEREAS the Council of the Corporation of the Municipality of Bayham now deems it necessary enter into a site plan agreement with Clifford and Marlene Noels. NOW THEREFORE THE COUNCTL OF THE CORPORATION OF TTIE MUNICIPALITY OF BAYHÄM 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 Clifford and Marlene Noels affrxed hereto and forming part of this ByJaw as Schedule ,, Att . 2. TIIAT the executed agreement shall be registered at the o\ilner's expense under the proper Land Titles Registry. Staff Report D2010-10 regarding Noels Site Plan Agreement / By-law 2010-046. File: D11.NOELS Page 105 of 299 Staff Report D2010-10 regarding Noels Site Plan Agreement / By-law 2010-046. File: D11.NOELS Page 106 of 299 SCHEDIJLE'A' SITE PLAN AGREEMENT BETWEEN CLIFFORD AND MARLENE NOELS (NOELS CONSTRUCTTOT9 8525 Sandytown Road ConT NTR Part Lot1.23 Roll # 34-01-000-004-09201 AND TIIE CORPORATION OF THE MTINICIPALITY OF BAYIIAM Staff Report D2010-10 regarding Noels Site Plan Agreement / By-law 2010-046. File: D11.NOELS Page 107 of 299 THIS AGREEMENT made this 6th day of May ,2010. BETWEEN: CLIFFORD AND MARLENE NOELS (NOELS CONSTRUCTTOT9 Hereinafter called the "OW\ER' OF THE FIRST PART . AND. THE CORPORATION OF THE MT]IüCIPALITY OF BAYHAM Hereinafter called the "MUNICIPALITY" OF THE SECOND PART WHEREAS the Owner is the owner in fee simple of the lands situate in the Municipality of Bayham, in the County of Elgin being Part of Lot 723, Concession 7 NTR, more particularly described in Attachment "4" attached hereto (and hereafter referred to as the t'Lands'); AND WIIEREAS the Offrcial Plan of the Municipality of Bayham in effect, designates the entirety of the Municipality as a site plan control area; Al\lD \ryHEREAS the Owner intends to obtain lands through Consent 839109 from the adjacent owners and develop the lands in accordance with the Site Plan attached hereto, as Attachment "C" (and hereafter referred to as the t6Plan'); AND WHEREAS the Council of the Corporation of the Municipality of Bayham now deems it necessary to enter into a site plan agreement with Clifford and Marlene Noels of Noels Construction. NOW THEREFORE in consideration of other good and valuable consideration and the sum of Two Dollars ($2.00) of lawful money of Canada by each to the other paid (the receipt whereof is acknowledged by eacþ, the Owner hereby covenants and agrees with the Municipality as follows: 1. The Owner agrees that no building permit will be available until the Plan has been approved by the Municipality, and further agrees that work will not coÍrmence prior to the issuance of the building permit. Staff Report D2010-10 regarding Noels Site Plan Agreement / By-law 2010-046. File: D11.NOELS Page 108 of 299 2. The following Attachments, which are identified by the signatures of the parties to this Agreement, and which are atüached hereto, are hereby made apart of this Agreement, as fully and to all intents and purposes ¿rs though recited in full herein: ATTACHMENT (6A'' _ LEGAL DESCRIPTION OF SUBJECT LANDS ATTACHMENT 668'' . CERTIFICATE OF COMPLIANCE ATTACHMENT "C" - SITE PLAN AND SITE SERVICING PLAN 3. Attachment "A" hereto describes the lands affected by this Agreement. 4. Attachment "C" - Site Plan and Site Servicing Plan, shows: a) the location and height of all buildings and structures existing and./or to be erected; b) the location of vehicular entrances and exits; c) the location and provision of off-street vehicular loading and parking facilities, including driveways for emergency vehicles; d) walkways and all other means of pedestrian access; e) the location and provision of fences, trees and all ground cover or facilities for landscaping the lands and protecting the adjoining lands and shows the lighting including flood lighting, of the land or any building or structure thereon; Ð the location and provision for the collection and storage of garbage and other waste material g) lot grading information, indicating overland flow to and from adjacent properties, collection and disposal of surface water and storm water management (if deemed necessary by the Municipality); h) location of utilities within the road allowance and site connections to these utilities; Ð building frnished floor elevations (if deemed necessary by the Municipality); j) other information as required by the Municipality 5. The Owner agrees that the building or buildings will be erected (if applicable) in accordance with the plan(s) approved, subject only to such changes as have received advance approval. 6. The Owner agrees that the site development and servicing will be in accordance with the plan(s) as approved, subject only to such changes as have received advance approval. 7. The Owner further agrees that: Staff Report D2010-10 regarding Noels Site Plan Agreement / By-law 2010-046. File: D11.NOELS Page 109 of 299 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. all necessary provisions for service connections on site will be made to the satisfaction of the Municipality. construction work will be canied forward expeditiously in good and workmanlike manner, in accordance with good trade practice and so to cause a minimum of nuisance. all necessary precautions to avoid dust, noise and other nuisance and to provide for the public safety will, so far as possible, be taken and which comply withThe Construction Safety Act. all necessary care will be taken to see that mud and soil is not tracked or spilled onto any public street, and where such tracking occurs, the street shall be cleaned at the end of each working day. garbage disposal facilities will be an enclosed type located as shown on the Site Plan designed in a manner satisfactory to the Municipalþ. unless otherwise provided, all parking lots and walkways will be finished with hot-mix asphalt, concrete or paving stones to the satisfaction of the Municipality and have permanent bumper curbing along all parking areas that abut the property limits. no topsoil shall be stockpiled on any other portion of the Owner's lands except those lands identified in Attachment "A" to this agreement; and all topsoil shall be stockpiled and maintained in a manner which allows for the maintenance of weeds; and the Municipality may go in and do the same at the Owner's expense, and collect the cost in like manner either as municipal taxes or from the Letter of Credit deposited as performance security. stock-piling of snow will not be allowed on the site where it will constitute a hazard in the opinion of the Municipality. the electrical servicing of the property shall be subject to the approval of Hydro One. upon failure by the Owner to do any act during the development period herein, that the public safety or convenience requires, in accordance with this Agreement, upon seven (7) days written notice, the Municipality, in addition to any other b) c) d) e) Ð g) h) Ð k) i) Staff Report D2010-10 regarding Noels Site Plan Agreement / By-law 2010-046. File: D11.NOELS Page 110 of 299 remedy, may go in and do same at the Owner's expense, and collect the cost in like manner either as municipal taxes or from the Letter of Credit deposited as performance security. 1) the Municipality may treat any breach of this Agreement as a breach of the Building By-Law, and upon twenty-four (24) hours written notice to the Owner, stop work until the breach is rectified. m) nothing in this Agreement constitutes waiver of the o\ilner's duty to comply with any byJaw of the Municipality or any other law. 8. The Owner shall: a) be responsible for consulting with Hydro One regarding any matters that relate to services provided by Hydro One. 9. The Owner shall be responsible for consulting with and obtaining any necessary approval from all regulatory bodies such as, but not limited to, the Long Point Region Conservation Authority, the Ministry of the Environment and the County of Elgin, as deemed necessary. 10. The Owner shall satisfr all the requirements in relation to the fire protection for the building(s) to the satisfaction of the Municipality's Fire Chief. ll.The Owner agrees to pay for damages to public property including but not limited to municipal drain, ditches, street surfaces, sidewalks, storm and sanitary sewer systems, which may occur during the period of construction. Any such repair may be undefaken by the Municipality at the expense of the Owner, within thirty (30) days notice. 12. Any and all lighting shall be installed and maintained so as to not, in the opinion of the Municipalþ, interfere with the use or enjoyment of adjacent properties, or with the safe flow oftraffic on abutting or adjacent streets. 13. The Owner shall landscape and maintain plants and ground cover acceptable to the Municipality, on those lands so indicated on the Site Plan, Attachment "C". 14. If the Ontario Building Code requires that an Architect or Professional Engineer or both, shall be responsible for the field review of any new building or extension, provided for in this Agreement, the Owner shall not occupy or use or permit to be occupied or used, any said new building or extension, until after an Architect or Professional Engineer has given to the Municipality, a letter addressed to the Municipality, and signed by the said Architect or Professional Engineer, certiffing that all construction and/or services on or in the said lands, required for this development or redevelopment, newly installed by the Staff Report D2010-10 regarding Noels Site Plan Agreement / By-law 2010-046. File: D11.NOELS Page 111 of 299 Owner in connection with this development or redevelopment, have been installed and/or constructed in a manner satisfactory to the Architect or Professional Engineer. 15. The Municipality, through its servants, officers and agents, including it's Chief Building Official, Fire Chief, and Municipal Engineer, may, from time to time, and at any time, enter on the premises of the Owner to inspect: a) the progress of development; b) the state of maintenance as provided for in this Agreement. 16.In the event of any servant, ofFrcer or agent of the Municipality, determining, upon inspection, that the development is not proceeding in the strict accord with the plans and specifications filed, such servant, officer or agent shall forthwith, place a notice requiring all work to be stopped upon the premises and forwa¡d a copy, by registered mail, to the Owner at the last known address, on the last revised assessment roll, and the Owner shall forthwith correct the deficiency or deviation. lT.Inthe event of any servant, offlrcer or agent of the Municipalþ, upon inspection, be of the opinion that the state of maintenance is not satisfactory, such servant, officer or agent shall forthwith, forward notice of such opinion, by registered mail, to the Owner, at the last known address, and the Owner shall forthwith conect the deficiency or appeal to the Council of the Municipality of Bayham, as hereinafter provided. 18. In the event that the Owner should disagree with the opinion of the servant, offtcer or agent of the Municipalþ, as to the state of maintenance, such Owner shall appear before the Council of the Municipality of Bayham, which after hearing the Owner, shall express its opinion as to whether the maintenance is satisfactory, by resolution, which shall constitute a final determination of the matter. 19.In the event that the Owner shall fail to obey a stop work order issued under Section 17 hereof, the Owner recognizes the right of the Municipality to apply to the Courts for a restraining order. 20.In the event that an Owner shall fail to correct a deviation or deficiency after notice pursuant to Section 17 or after notice of an opinion, which the Council of the Municipality of Bayham determines is conect, under Section 17, the Council of the Municipality of Bayham, may by by-law, direct, on default of the matter or thing being done by the Owner, after two (2) week's notice, to it by registered mail, at the last known address of the Owner, pursuant to the last revised assessment roll of passage of such By- Law, that such matter or thing be done by the Municipality, at the expense of the Owner, Staff Report D2010-10 regarding Noels Site Plan Agreement / By-law 2010-046. File: D11.NOELS Page 112 of 299 which expense may be recoverable by action as municipal tanes, 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 Municipality of Bayham, for approval, and shall not proceed with such change until approval is given by such Council, or in default by The Ontario Municipal Board, under the procedure set out in Section 4l of The Planning Act,l990, herein before referred to. 22.T1rc Owner agrees to pay to the Municipality all administration costs incurred in connection with this Agreement, and the fulfillment of this Agreement, including legal, engineering and inspection costs. 23 . LT ABILITY INSURANCE Before commencing any of the work provided for herein, the Owner shall supply the Municipality with a Liability Insurance policy in the amount of $2,000,000 per occurrence, and in a forrn satisfactory to the Municipality, indemnifing the Municipahty from any loss arising from claims for damages injury or otherwise, in connection with the work done by or on behalf of the owner of the development. The said policy shall be provided at the time of the signing of the Agreement and remain in force, until the development is complete and all required documentation as per Article 15 has been filed with the Municipality. 24. PERFORMANCE GUARANTEE The Owner hereby defines the completion date of this Agteement and project to be on or before l.lay 6.20ll It will be the Owner's responsibility to require, in writing, an extension to this agreemenlproject, within sixty (60) days of the above stated completion date, should an extension be required. As security for the performance and completion of all works required by this agreement, the Owner shall supply the Municipalþ with a Letter of Credit, equal to . The Letter of Credit will be based on the estimated cost of alterations to public property, roadway, curbs and gutters and drains, and any repairs for damages to public property, roadway, sidewalks, curbs and gutters and drains, plus all site specific components as defined by the Site Plan and Site Servicing Plan, "Attachment "C", which are approved under this Agreement. The amount of the Letter of Credit shall be established by the Municipalþ. The irrevocable Letter of Credit from a Chartered Bank expressed to be pursuant to this Agreement and payable to the Municipality at any time or in part, from time to time, upon written notice from the Municipality, shall be nil Staff Report D2010-10 regarding Noels Site Plan Agreement / By-law 2010-046. File: D11.NOELS Page 113 of 299 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 Agreement and the provisions thereot do not give to the Owner or any person acquiring any interest in the said lands any rights against the Municipahty with respect to the failure of the Owner to perform or fully perform any of its obligations under this Agreement or any negligence of the Owner in its perfoÍnance 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 Agreement the Municipality may, at its option, on one month's notice to the owner, declare this Agreement to be subject to re-negotiation, whereupon the Owner agrees that it will not undertake any construction on the said lands until this Agreement has been re- negotiated. 27.T1te 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 Agreement and to enforce each and every term, covenant and condition herein contained and this Agreement may be pleaded as an estoppels against the Owner in any case. 28. The Owner agrees on behalf of themselves, their heirs, executors, administrators and assigns, to save harmless and indemnify the Municipality, from all losses, damages, costs, charges and expenses which may be claimed or recovered against the Municipality by any person or persons arising either directly or indirectly as a result of any action taken by the Owner, pursuant to this Agreement. 29. All facilities and matters required by this Agreement shall be provided and maintained by the Owner at its sole risk and expense to the satisfaction of the Municipality and in accordance with the standards determined by the Municipality and in default thereot and without limiting other remedies available to the Municipality, the provisions of Section 326 of The Municipal 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 Municipalþ shall be entitled, subject to the provisions of The Registry Act, to enforce its provisions against the Owner, named herein, and any and all subsequent Owners of the land. 31. A Certification of Compliance attached hereto as Attachment "B", shall be filed by the Owner, following completion of the development to ensure all details of the Site Plan Agreement have been complied with. Staff Report D2010-10 regarding Noels Site Plan Agreement / By-law 2010-046. File: D11.NOELS Page 114 of 299 IN WITNESS WHEREOF, the Parties hereto have hereupon, affrxed their Corporate Seal, and duly attested to by their authorized signing offtcers in that behalf. Witness Owner - Clifford Noels Witness Owner- Marlene Noels TFIE CORPORATION OF THE MUNICIPALITY OF BAYHAM Lynn Acre, Mayor Lynda Millard, Clerk Staff Report D2010-10 regarding Noels Site Plan Agreement / By-law 2010-046. File: D11.NOELS Page 115 of 299 Staff Report D2010-10 regarding Noels Site Plan Agreement / By-law 2010-046. File: D11.NOELS Page 116 of 299 ATTACHMENT "B' THE CORPORATION OF THE MUNICIPALITY OF BAYHAM CERTIFICATE OF COMPLIANCE PROPERTY IDENTIFICATION: Municipal Address: 8525 Sand¡own Road Owner(s): Clifford and Marlene Noels 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 Agreement ByJaw No. DATED: I FIEREBY CERTIFY TIIAT THE ABOVE DECLARATION IS TRUE AND CORRECT. Witness Owner - Clifford Noels I have the authority to bind the Corporation. Witness Owner - Marlene Noels I have the authority to bind the Corporation. Address: Phone Number: Staff Report D2010-10 regarding Noels Site Plan Agreement / By-law 2010-046. File: D11.NOELS Page 117 of 299 HrrncangNT*c " Stre P.n,. t N È4Èö a g ñ om +;lir. .1ia.i. .' '. :.' r,'-i'.; ..:: ! 1 : -. ,.'I :i 1 ir. ç ',i Uqql'tiiTd t[ULzirr, 6ØØz æ. 'î.ew ?r¡vgt: I 6ll(ì¿ Staff Report D2010-10 regarding Noels Site Plan Agreement / By-law 2010-046. File: D11.NOELS Page 118 of 299 CORPORATION OF THE MT]MCIPALITY OF BAYTIAM STAFF REPORT TO: Mayor & Members of Council DATE: May 3, 2010 FROM: Planning Coordinator/Deputy Clerk FILE: D10.10 Thiessen SUBJECT: Thiessen, J & S Consent Application E7ll0 NUMBER: D2010-11 Rolls # 004-001-015 / 01900 Purpose To consider consent application E7ll0 proposing a severance for correction of title. Background A consent application has been received from the Elgin County Land Division Committee submitted by Jacob and Sara Thiessen proposing to sever a 1579 m2 10.4 acre) parcel of land located on the east side of Plank Road, north of Chute Line, in the Village of Vienna. The inegular shaped parcel of land is the result of two properties shown to have merged on title when purchased in 2008. The lands to be severed are designated "Residential" in the Official Plan and zoned Village Residential (Rl), while the retained lands are designated "Industrial" in the Official Plan and zonedVillage Industrial (M4) in the Zontng By-law N o. 245 6-2003 . Elgin County Land Division Committee will consider the application on May 13, 2010. Staff and Planner Comments The applicants are severing the lands as per the previous lot lines of the two parcels. The severed lands contain a residence and one shed while the retained lands contain one workshop (converted from a former elementary school in the late 1960's) and two sheds. The planner states in the memorandum the proposed severed and retained lots meet the intent and policies of their respective land use designations with the Official Plan. The memorandum goes on to say that the Official Plan policies permit consents for correction of title in any land use designation provided both the severed and the retained parcels comply with the Official Plan and Zorung By-law. No details were provided on the sketch as to the placement of the buildings on the lands with respect to yard setbacks; however, the planner states that from aerial photography it appears to be compliant. Staff will contact the applicants to confirm the setbacks prior to Council's consideration of the application. Provided there is compliance, staff and the planner support the consent application to correct title. Attachments 1. Consent Application E7ll0 2. IBI Memo dated Apnl29,2010 Strategic Plan Goal(s) Goal # 6 Provide and encourage attractive lifestyle choices. Staff Report D2010-11 regarding J & S Thiessen Consent Application E7/10. File: D10.10 Thiessen Page 119 of 299 StaffReport D2010-10 Thiessen, J & S Page2 RECOMMENDATION (THAT Staff Report D2010-10 regarding Consent Applicationß7110 be received; AND TIIAT Council recommends to the Elgin County Land Division Commiftee that seyerance application F.7ll0, submitted by Jacob & Sara Thiessen, be granted subject to condition: 1. a copy of the final survey provided to the municipality Respectfully submitted, Planning Coordinator/Deputy Clerk Staff Report D2010-11 regarding J & S Thiessen Consent Application E7/10. File: D10.10 Thiessen Page 120 of 299 HAR 2 4 ?010 ÍION FORCONSENT Þ, 3 /3't ELGIN COUNTY LAND DIVISION COMMITTEE Jfr<êB \¿Lê-\sts$J -\\r\etoSÈÈJ \ SA"RA\.drE:f,,J-r¿.l- -tut(=t\ú'ñ) Address Address Telephonè Number Please spè<Ífu þ whom all cornmunicaüom should be sent ùvreæ (,Y Soflcitor ( $ñ Asent d¡ 3. (a) Type and purpose of poposed tansadion: (cfrcck appropriate späce) Transñec qeation of a new lot Othec cftarge leaseadd¡tion to a lot easemerìt conection of title otterpurpose Q-oÈèç-¡roJ óç rne.qged, d¿_c.t= clone-€_,^fè.1(b) Name of person(s), lf known, to whom land or interes{ in land is to be transËned, Þased or'cfnrged: N\'^'t .{Fr \t*r...-^:J 1- z (c) 4. (a) Têlephone l'tumber <l\ 1"ãBì à> _ Nameöf o¡me/ssolicibrorauhorized egent t'¡-u¡s.ret1guqsr,^.--- , \lurr¡¿"*êûr- lf a lot addition, identiff the lands to whidr the parcel will be added: *r ip- Location of hnd: Munichalitv BA."{ L\ryyn Coflcessigri No. to(s)No. 69È-- Lñ Z Registeredplantto.-51{ Nameof sbee{.¡. fl6¡6t Qrcc.d Sheet No.-blç.h Lþ-SSO- (b) Are thee any easements or resüidive çDr/enants atrect¡ng the suþiect land? Yes ( ) No (.rf ¡fYes, descrlbetheeasementorcovenanterÉ ltsefrect Description of land lntended to be severed: (Acorrate in Mebic) +lL'35o Frontase t+SIà Dept ExistingUse @ ProPosedUse Number and use of buildings and struc{ures (both g)dsting and proposed) on the land to be severed: 5S.s ^1M Description Qt land ¡ntended to be retained: ¡r ¡ : rrL Frontase [ ìq+') 5q, t= taFfontase tru retained: d-2-!4 Existing Use .1\.{nf Proposed lf56 -:rru?r ' Number and use of buildlngs and strucfures on tp lahd to be retained: , ÕñÉ-. SHoF ÀSÈ\s-.ÞS Cr rÉt af =girEnglneellne 5gÌlcs ¡15o S(Âæt Drir StTnonEi0n l¡5R5V1 Fhone¡ 519- 6€1-14€0 +rYP.elg¡Munty.on.ø Staff Report D2010-11 regarding J & S Thiessen Consent Application E7/10. File: D10.10 Thiessen Page 121 of 299 -2-- sruRoÈ7, Number of new lots proposed (not induding retained tots) 8. Type of access for propo.sed and retained tof (check appropr¡JËsp"Ëi- \o-\ >' TYPE Provincial Highway Municipal road, maintained all year Municþal road, seasonally maintained Other public road Rþhtof Way Wâter access PROPOSËD LOT ()(-f () () () () RETAINED LOT () (-Y () () () () lf prcposed áccess is by water, what boat docklng and park¡ng fadlit¡es are arrailabþ on üre mainland? (specify) 9. \Mat type of water supply ls proposed: (ctreck appropriate space) TYPE Publlclv or¡vned and operated piped urater system Pdlately o$rned and operated indMdualwell Privately oytflred and operated communalwell lake or other water body Other means (spe<*ff) r0.What type of servage disposa! b proposed: (check appropdaÞ space) wqE PROPOSEp LOT Publicly owned and operated sanitary sewagesystem ( ,à Privately owned and operated indMdualseptictank ( ) Ptivately onned and openated communaleeptic s)Ístem 'Pdvy Other means (sæc¡fy) () () () () 11. When wlll water supply ánd sewege disposal servicês be available? tMrat is the Existing Ofhdal Plan desþnaüon(s), if any, of the subjec't12. 13. \Mrat is lhe Zoning, if any, of the subjecf land? tr¡ ouAE-Qr ft- 14. Has the subjec.t land ever been fre subject of an application f9r 9p¡royal of a Plan of Subdivision or a Conserít under the Planning Act? Yes ( ) No ( -{ Unknown ( ) ff Yes, and knofln, provide the application fite number and fhe decisþn made on the applicationñ ln-- 15. lf this application ¡s a rçlsubm'ssion of a previous @nsènt appllcation, describe how it has been changed from the orþinal aPplicát¡on ñlÊ- Has the owner pÊviously severed any land from this holding? Yes( ) No Vl 16. (a) Staff Report D2010-11 regarding J & S Thiessen Consent Application E7/10. File: D10.10 Thiessen Page 122 of 299 -3- (b) lf the.answer.lo (¡) Þ Yes, please indir:ate previous severances on the required sketch and supply the fulloling information for each loi severcd: Grantee's narne Slvtr' Relationship (if any) to öwner Use of þrcel Detê parcelcreated 17. ls the or,tmer, solicitor, or agent qpply¡ng for additbnal consents on this holding simultaneouslywt'h tltis applicaticn, orconsirj,edng àppVing for additionat consenb in the futrire? Yes () No (f 18. ls the subjecf land ørnenüy the subject of a proposed offichl plan or oficial plan ancndment that häs been submitþd to $e Minister for approval? yes () No ç_f lf Yes, and kno$rn, specis üre Ministry file number and status of the applirntion 19. lsttc subjec* land currently the subject of an applicatkrn for a zoning byJaw amendment, Minisb/s zoning oder amendment, minor veriàñce, or approrral of ã pÉn of suMMslon? Yes () No çf- lf Yes, and kno$rn, spedry the eppropriâte fib number and status of the application 20. ls the application consistent wih pohqr staternents issued under subsedion 3(l) of the planning Aú?Yes ({ No() 21. ls the suþled land within an anÉxì designated under any provincial phn orplans? Yes ( ) No.{-)- lf yes, does the application @nform to or conf,ict wtth the applicable provincial plan or plans 22. SKETCH: The application shall be accompanied by a sketch shoving the blloving: - the boundaries and dimensions of the subjed land, the part hat ¡s to be seveted and the partthat ¡s to be rctâired; - the boundari'es and dimensions of any hnd owned by the ørner of the su$ecil hnd ard that abuh the subjecf land: - the d'stance between the subject hnd and the nearest township lot line or landmarft, suclr as a railway crossing or bridge; - the location of all bnd previously ser¡ered from the parcel orþinally acquired by the cunent ownerof the subject land; - the approximate location of all natural and artificiâl featurcs on the subject land and ädjacênt lands that in the opinion of the applicant may afiect the application, suah as buildings, railways, roads, watèrçourses, drainage ditches, river or stream banks, wetlands, wooded arcas, well and septic tanks; - the exlsting use(s) on adjacent lands; - the location, width and name of any rcads within or abuttrng the subjed land, indicating cvhether it is,an unopêned rpad allowancê, a publio favelled road, a private road or a right ofway; - if access to the subjed lând is by water only, the location of ttre parklng and boat docking facilities to be used; - the location and nature of any easement afiecting the subject land. Staff Report D2010-11 regarding J & S Thiessen Consent Application E7/10. File: D10.10 Thiessen Page 123 of 299 4- 23. The Owner/ApplicanUAgent hereby authorizes Land Division Committee members and the Corporation of the County of Eþin staff to enter onto the subject property for the purpose of Site ínspections with respect to this application. 24. The ApplicanVOwner/Agent hereby consents to disclosure of the information contained in this Application pursuant to Section 32(b) of B¡ll 49, Chapter 63, S.O. 1989, being an Act to provide for Freedom of lnformation and Protec{ion of lndividi.¡al Privacy in Municipalities and Loäl Boards. Dated at the .-Lo^-¡"=, this ))-NNrt ,i^20 l5 AFFIDAVIT OR SWORN DECLARATION DllVVe fu-^r,.^*2_ yC^, C_\n¡rq^J ofthe Tì ) of \Uvr^-cVt- in the County solemnly declare that all the information contained in this applícation is true, and lM/e make this solemn declaration conscientiously believing it to be true, and knowing that it is of the same foreæ and effect as if made under Oath and by virtue of the CANADA EVIDENCE ACT. DECI-ARED before me atthe this l. ì-- dayof Tftq a.l lf this application is signed by an agent or solicitor on behalf of an applicant(s), the owneis authorizâtion must accompany the application. lf the applicant is a corporation acting witttout agent or solicitor, the application must be signed by an ofücer of the corporation and the seal, if any, must be afüxed. It is required that one copy of this application be filed, togetherwith one copy of the sketch described, with the responsible person, accompanied by a fee of - $750.00 in cash or by cheque made payable to TREASURER, COUNTY OF ELGIN An additional fee of $250.00 will be charged for affixing the consent stamp. A Commissioner 11t08 Staff Report D2010-11 regarding J & S Thiessen Consent Application E7/10. File: D10.10 Thiessen Page 124 of 299 APPENDIX "A" The County of Elgin Land Division Committee requires that, in addition to the'Appl¡cat¡on for Consent', the following information be completed for all applicaiions: 1. lre there any bams located_¡trithin 300 metres of the subject of this application?Yes ( ) No (.f lf the e bams: N l+ ^¡) '-" Yes()i¡) r livestock? Ves ( ) No()No() NOTE: lf you answered 'YES" to #1. PLEASE COMPLETE THE DATA SHEET BELOW BYAPPLICANT ln order to calculate the minimum dislance separation, the follorving information is required for each livestock facilig within 300 metres of the proposed severance and located on a separate lot: TOWT.ISHIP TELEPHONE coNc. ï LLAB LE H ECTARES (where livestock facility tocated) LOT Type of Uvestock Maximum Housing Capacity Number perYear Manure Systemr¡q,'il-'iã,Júiì o,v I Housing System check type DAIRY 0 Cows 0 Heifers 0 Calves Tie Süall Free Stall Loose BEEF 0 Cows 0 Calves0 Feeders 0 40G.750 rb. 0 40G1100 tb. 0 75G1100|b. Open [ot & Bam Total Confin+ ment SWINE0 Sows 0 Boars 0 Weanlings 0 Feeders POULTRY0 Laying Hens 0 Breeder Flóck 0 Pullets 0 Chicken Broifers 0 Turkey Broilers 0 Turkey Hens 0 Turkey Toms 0 Roasters MINK - Females Caged On Floor nvñùEù luÞgtt9 uñl SEMI€OLID LIQUID VPglTrr¡-- Open Pile Govered Tank Above Ground Uncovered Tank Below Ground Uncovered Tank vvvg¡w Frr9 Storage with Buck Walls Open Earth Sided Pit Staff Report D2010-11 regarding J & S Thiessen Consent Application E7/10. File: D10.10 Thiessen Page 125 of 299 oF È1haw S P+. Lol 3 ?r-t-ots i s xRe ìt ¡1 ?.SLtn Þ|. ?_ È,+"s Sf _ -tol^:.l sh, f @ **re{ EI'-Sle( $ re-Fo''eÀ 'A r-\oir:P It\ l'{useuvn S =l\s p rn€ cr: uflè r¡e ois rÍÉre l*--t-,-- 3 I + àd.1 \¡r- V Ì.4 ti, o; NOISSSSNOS '9: -i-i ; \-\u..llH .¿ Zé. ( H 'r'.U /'lO Staff Report D2010-11 regarding J & S Thiessen Consent Application E7/10. File: D10.10 Thiessen Page 126 of 299 & þ,^ * /g$ q Io whom it may concern: Re: 6346 - 6350 Plank Rd. Vienne Ontario This is to authorize Pauline Krygsman to act as our authorized agent in all matters to do with the attached application for severance Sara Thiessen Jacob Thiessen S t a f f R e p o r t D 2 0 1 0 - 1 1 r e g a r d i n g J & S T h i e s s e n C o n s e n t A p p l i c a t i o n E 7 / 1 0 . F i l e : D 1 0 . 1 0 T h i e s s e n P a g e 1 2 7 o f 2 9 9 lBl Group 203-350 Oxford Street West London ON NOH 1T3 Canada tel 5'19 4727328 fax 519 47293* To/Attention From cc Subject Municipality of Bayham Derek Dudek, MCIP, RPP Date April29, 2010 Project No 3405-475 dd 1. 3. 7¿r'tJ IBIGROUP Derek Dudek, MCIP, RPP Consultíng Planner to the Municipality of Bayham Memorandum Thiessen - Application for Consent (ETl10) - 6346-6350 Plank Road, Village of Vienna We have completed our review of the consent application submitted on behalf of Jacob & Sara Thiessen (c/o Pauline Krygsman) in support of a proposal to sever a 1579 m'z (0.4 acre) parcel of land located on the east side of Plank Road, north of Chute Line, in the Village of Vienna. The lands to be severed are designated "Residential" in the Official Plan and zoned Village Residential (R1), while the retained lands are designated "lndustrial" and zoned Village lndustrial (M4) in Zoning By-law No. 2456-2003. The proposed lot includes an existing single detached and was merged on title with the lands to the south upon change of ownership in 2008. Section 8.7.7 of the Official Plan states that consents for correction of title are permitted in any land use designation provided both the severed and retained parcels comply with the Official Plan and Zoning By-law. The proposed severed and retained lot meet the intent and policies of their respective land use designations within the Official Plan. While no specific details are provided on existing building locations to determine appropriateness of severance along the previous lot lines with respect to compliance with yard setback requirements of the R1 and M4 Zones, a visual analysis of aerial photography and land parcels indicates that compliance is likely. The applicant should confirm these details prior to any decision by Elgin Land Division Committee to determine appropriateness of recreating the lots along the original boundary lines. Based on this review we have no objection to consent application .E7110 in accordance with the consent policies of the Official Plan. lBl Group is a group of firms providing professional services and is affiliated with lBl Group Architects Staff Report D2010-11 regarding J & S Thiessen Consent Application E7/10. File: D10.10 Thiessen Page 128 of 299 CORPORATION OF'THE MUNICIPALITY OF BAYTIAM STAFF REPORT TO: Mayor and Members of Council DÄTE: May 3,2010 FROM: Planning Coordinator/Deputy Clerk FILE: DI4.OAKL SUBJECT: Oakley Rezoning/D ralt Zoning By-law 257 8-2010 NUMBER: D20 I 0-09 Public Meeting 7:30pm on May 6,2010 Purpose To consider a Rezoning Application and draftZoning By-law 2578-2010. Background The municipality has received a rezoning application from Sheni & Tim Oakley for consideration to rezoîe a2510 m2 10.6 acre) parcel located at8525 Sandytown Road, located in Concession 7 in Part Lot 123 NSTR in the northwest corner of Sandytown Road and Stewart Road. The subject land is designated "Agriculture" with "IJazard Lands" in the Official Plan and zoned Agricultural (41) in the ZonrngBy-law. Purpose and Effect The purpose of this amendment is to chang e the zoning on a 2510 m2 (0.6 acre) parcel of land from the Agriculture (Al) Zone and Rural Industrial (M2) Zone to the site-specif,rc Rural Industrial (M2-9) Zone in the Zoning By-law. The effect of this amendment will be to accommodate a lot adjustment and recognize an existing cemenlconcrete business as a condition of Elgin Land Division Committee consent E39l09. Also, regulations will apply to ensure the impacts of any current and future uses on the subject lands are done in a manner to minimize potential for land use conflict with surrounding uses. Staff & Planner Comments Rezoning is requested to match the same zoning currently applied to the northerly lands to which the proposed severed lands are to be conveyed. Presently, Noels Cor_rstruction operates a cement/concrete b,r.itt.s on the northerly lands and will be acquiring the 11 17 r* 02024 ft2) of land with an existino metal storage building for business use. The newly configured lot with the existing steel clad storage barn has a reduced side and rear yard of 0.75 metres (2.5'), where 7.5 metres (25') and 10.0 metres (33') are required respectively for the M2 Zone. Staff and the planner would support the reduced setbacks for the existing building through the rezoning regulations. The property does not carry the Official Plan Designation of "Rural - Industrial" and is considered to be a legal non-conforming use. Staff and the planner feel that it is necessary to limit the types of industrial uses to protect the surrounding residential land uses from potential impacts such as odour or noise. It is suggested that the regulations be flexible enough to permit the existing business and allow for other industrial uses without additional rezoning. The recommended amendments include the following "Light industriql uses, including an existing concrete/cement business". The planner and staff would support the rezoning with the recommended regulations as per draft ZoningBy-law 2578-2010. A site plan and agreement is required, as well, for a condition of the Staff Report D2010-09 regarding Oakley Rezoning / Draft Zoning By-Law Z578-2010. File: D14.OAKL Page 129 of 299 Staff Report D2010-09 Oakley Page2 consent. The site plan agreement is to be considered as an agenda item for the same meeting of May 6, 2010. Attachments 1. Rezoning Application 2. IBI Memo dated March 30,2010 3. DraftZoning By-law 2578-2010 RECOMMENDATION "THAT Staff Report D2010-09 be received; AND THAT the zoning of those lands located at 8525 Sandytown Road in Concession 7 Part Lot l23,be changed from Agricultural (41) and Rural Industrial (M2) to Site-Specific Rural Industrial (M2-9) Zone to satisff condition of Consent Application 839/09; AND THAT ZoningBy-law 2578-2010 be presented for enactment." Underhill, Planning Coordinator Staff Report D2010-09 regarding Oakley Rezoning / Draft Zoning By-Law Z578-2010. File: D14.OAKL Page 130 of 299 Oakley File Dl4 NOTICE OF PTJBLIC MEETING CONCERNING A PROPOSEI) ZONING BY-LAW AMENDMENT IN THE MI'MCIPALITY OF BAYEAM TAI(E NOTICE that the Municipality of Bayham has received a completed application for a proposed Zoning By-law Amendment. AND TAKE NOTICE that the Couocil of the Corporation of the Municipalþ of Bayham will hold a public meeting otr Thursday, May 6th, 2010 at 7:30 p.m. in the Municipal Council Chambers in Straffordville to consider a proposed Zoning ByJaw amendment under Section 34 of the PLANNING ACT. THE PIIRPOSE of this amendment is to change the zoning on a 2510 d (0.6 acrQ parcel of land from the Agriculture (Al) Znrc and Rural Industrial (1t42) Znne to the site-specific Rural Industrial (M2-9) ZnnetntheTnningByJawoftheMunicipalityofBayham. ThesubjectlandsarelocatedinPa¡tIÃt123, Concession 7, NST& on the west side of Sandytown Road, north of Stewart Road. Tm EFFECT of this amendment will be to accommodate a lot adjustment and recogrize an existing cement/concrete business as a condition of Elgin I¿¡d Division Committee consent 839/09; and also to apply regulations to ensure the impacts of any currørt and future uses on the subject lands are done in a manner which minimi2ç pefç¡¡¡l¿l for land use conflict with surrounding uses. ANY PERSON may attend the public meeting and/or make a written or verbal representation in zupport of or in opposition to the proposed amendment, IF Ä PERSON OR PITBLIC BODY does not make oral submissions at a public meeting, or make written submissions to the Council of the Corporation of the Municipalþ of Bayham before the proposed amendment is adopted, the person or public body is not entitled to appeal the decision of the Council of the Corporation of the Municipalþ of Bayham to the Onta¡io Municipal Board. Nor may they be added as a party to the hearing of an appeal before the Ontario Municipal Board unless, in the opinion of the Board, there are reasonable grounds to add the person or public body as a party, ff YOU WISH to be notified of the adoption of the proposed amendment, or the refusal of a request to amend the Zoning Bylaw you must make a written request to the undersigned. ADDITIONAL INFORMATION relating to the proposed amendmetrt may be obtained at the Municipal Office. DATED at the Municipatity of Bayham this 16th day of Äpril 2010. KEY MAP MUNICIPALITY OF BAYHAM lr ll tlLor 123 I I tl oT 124 LOr 122 SUBJECT LANDS STRAFFORDVILLE Margaret Underhill Planníng Co-ordinator / Deputy CIerk Municipality of Bayham P.O. Box 160 Straffordville, ON, NOJ 1Y0 Telephone: (519) 86G552f Far (519) 86G3884 Staff Report D2010-09 regarding Oakley Rezoning / Draft Zoning By-Law Z578-2010. File: D14.OAKL Page 131 of 299 MUNICIPALITY OF BAYTIAM P.O. Box 160 Straffordville, Ontario NOJ lYO Phone (519) 866-5521 Fax (519) 866-3884 APPLICÄTION FOR AMENDMENT TO THE ZONING BY-LAW OF THE MUNICIPALITY OF BAYHAM This application must be filed with the Planning Coordinator/ Deputy Clerk or designate of the Municipality of Bayham along with a cheque for the requÍred amount. The applicant should retain one copy for their records. The information in this form must be completed in futl. This mandatory information must be provided witha feeof $2r!00 (ZonngBy-lawAmendmentorTemporaryUseZoningByJaw) or $1500 (Temporary Use Zoning ByJaw Renewal) or $1500 (T,onngAmendment to Remove Holding Provision). If the application is not completed in full, the application will be returned. I/WE,SUq¿,¿t -/,n, On rc Le-/shall assume responsibility for any additional costs exceeding the deposited amount related to the said application and understand and agree that for payment of said additional costs shall be a condition of this signed application. I also agree to accept all costs as rendered. Property Owner / OArccè/ -/¡rno-tr/l Ankt"f Property Owner FOR OFFICE USE ONLY Prepared April 2007 Staff Report D2010-09 regarding Oakley Rezoning / Draft Zoning By-Law Z578-2010. File: D14.OAKL Page 132 of 299 1. Registered owner's Name: SËé.ìßKt LYn, r.JE F -l.,,' ..c,-TÅl Gt ^n OAUtey Municipality of Bayham ZonngByJaw Amendment Application Page 2 Address: PhoneNo. Fax: (Home):Business: Are there any other holders of mortgages, charges or other encumbrances of the Subject L¡nds? If so provide the names and addresses of such persons. Applicant / Authorized Ägent: Address: Telephone No.: Please specify to whom ¡ll communications should b\sent: Registered Owner ( ) Applicant / Authorized Agent 3.Legal Description of the land for which the amendment is requested: Concession: -7 AJ-ÍK Lot: Qoø. Lot \ ) 3 Reference PlanNo:Part Lot: AJ¿iJ lyb 2. Street and Municipal Address No.:ASOG S*<,-"' r * Qo n) What is the size of property which is subject to this Application? I t11.q7ry2 Frontage:AS'X"^ DePth:36 btl ^ whenwere rhe r"o!à?r?lrtÍr,..u bythe cu .rent "Í1"r7' "r,p"ú'^"' "t n* 4. ExistingOfficialPlanDesignation: A<y<tci-t etor€.t4U How does the application conformto the Official Plan? /) k4awn,{.5,pete. lo.vt,tvj Q,ç>rra¿€ ftp\ St v¿aee 'tÈ-ruoiñ3 ßa¡vG Gl.-,vE,Yal> -To Nor"¿rûLìaIY A'NLc€L LotandConcession(if applicabl"¡, ?1 LoI I ]3 Ga1 NTY< Staff Report D2010-09 regarding Oakley Rezoning / Draft Zoning By-Law Z578-2010. File: D14.OAKL Page 133 of 299 Municipality of Bayäam Zoning By-law Amendment Application O|fr-¡J6€ -T'o 5. ExistingTnningBy-lawClassific¡tion: E y- t S 7/ /1/ C',4 O-'u' L ¡'L L -tu'z {fr¿) Page 3 7æ3 What are the current uses of the subject lands? If known, provide the length of time these uses have continued on this property. information: T}?e Front Lot Side Lot Line Rear Lot Line Height Dimensions Line Setback Setbacks Setback---#ir-##, ívli^cffi%q¡3q-¡n\ îf"lgrñL crAD Þft¿f\) o¡.¡ hC¿r I -Qåñ \\R-Bì++ Ðø-¿- -.rt M@{¡irùtr tsrTì-t -rH\S ryt: 77' x i3' x ¡1' þ<i,1ht If known, provide the dates in whÍch each of these buildings were constructed. thui're- l17V l,o,',^- lg77 Ifthere are any existing buildings or structures on the subject lands provide the following What is the Nature and Extent of the Rezoning? Why is the rezoning being requested? Staff Report D2010-09 regarding Oakley Rezoning / Draft Zoning By-Law Z578-2010. File: D14.OAKL Page 134 of 299 Municipality of Bayham Zoning ByJaw Amendment Application 8. Does the proposed TnnrngBy-law amendment implement a growth.boundary adjustment of a settlement area? Page 4 If so, attach separately justification or information for the request based on the current Oflicial Planpolicies or associated Official Plan amendment \,/l 9. Does the proposed amendment remove land from an area of employment? If so, attach separateþ justification or information for the request based on the current Offrcial Plan policies or associated Official Plan amendment \S/\ 10. Description of proposed development for which this ¡mendment is requested (i.e. permitted uses, buildings or structures to be erected. @e Specific) For any proposed buildings or structures on the subject lands provide the following information: Type Front Lot Side Lot Line Rearlot Line Height Dimensions Line Setback Setbaclcs Setback 11. Services existing or proposed for the subject lands: Please indicate with a / \Mater Supply Municipal Piped'Water Supply Private Drilled Well Private Dug Well Communal Well Existing () (t t (li () . Proposed () () () () Staff Report D2010-09 regarding Oakley Rezoning / Draft Zoning By-Law Z578-2010. File: D14.OAKL Page 135 of 299 Municipality of Bayham Zoning ByJaw Amendment þplication Page 5 Lake or other Su¡face Water Body Other Sewage Disposal Municipal Sanitary Sewers Individual Septic System Communal System Privy Other () () () () Existing () rt/ ¡ () () () Proposed () () () () () Note: If the proposed development is on a private or communal system and generate more than 4500 litres of eflluent per da¡ the appticant nust include a servicing options report and a hydrogeological report Are these reports attached? If not, where can theybe found? StormDrainage Provisions: Proposed Outlet: 12. How will the property be accessed? Provincial Highway ( ) County Road ( )Municipal Road - maintained allyear (y') MunicipalRoad-seasonallymaintained( ) Right-of-way( ) Water( ) If access is by water, do the parking and docking facilities exist, and what is the nearest public road? Staff Report D2010-09 regarding Oakley Rezoning / Draft Zoning By-Law Z578-2010. File: D14.OAKL Page 136 of 299 Municipality of Bayham Z,oning By-law Amendment Application 13. H¡s the subject land ever been the subject of rn application under the Planning Act for: Plan of Subdivision ( )Consent 1/¡ ZorlrrgBy-law Amendment ( ) Ministers ZontngOrder ( ) ff yes to any of the above, indicate the file number and status of the application. Page 6 L4. Eow is the proposed amendment consistent with the Provincial Policy St¡tement 2005? 15. Äre the subject lands within area designated under any Provinciat Plan(s)? If the answer is yes, does the proposed amendment conform to the Provincial Plan(s)? o the boundaries and dimension of the subject lands; o the location, size and tlpe of all existing and proposed buildin¡ls and structures, indicating their setbacks f¡om all lot lines, the location of driveways, parking or loading spaces, landscaping areas, planting strips, and other uses; 17. The Owner is required to att¡ch the following information with the application and it will form part of the application. Applications will not be accepted without the following. 3;iæ AtïRe+l=.Õ O\<ErcH -+ t¿EF'Ef¿E{sce:- .PÞâNS'(a) - A sketchbased'on an Ontario Land Suweyor description of the subject lands showing Staff Report D2010-09 regarding Oakley Rezoning / Draft Zoning By-Law Z578-2010. File: D14.OAKL Page 137 of 299 Municipality of Bayham Zoning ByJaw Amendment Application Page 7 . the approximate location of all natu¡al and a¡tificial feah¡res (buildings, railways, roads, watercourses, drainage ditches, banks of rivers or streams, wetlands, wooded areas, wells and septic tanks) that are on the subject lands, adjacent to the subject lands, or in the opinion of the applicant may affect the application; o the current uses ofthe land that is adjacent to the subject land; ¡ the location, width, and name of any roads within or abutting the subject land, indicating where it is an unopened road allowance, a public traveled road" a private road, or a righr of-way; ¡ the location of the parking and docking facilities to be used (if access will be by water only); r the location and nature of any easement affecting the subject land. Written comments from the Elgin St. Thomas Healt Authority and Ministry of Transportation (if applic If a private sewage system is necessary, preæonsulta required about the afproval process Uin - eiosfi \ SyA+€.¡y. l^ p\o,Ce, 18. If this application is signed by an agent or solicitor on behalf of an applicant(s), the owner's written ¡uthorization must accompany the application. If the applicant is a corporation acting without an agent or solicitor the application must be signed by an officer of the corporation and the seal if any must be affixed. (b) (c) Please provide the assessment ¡oll number, location, and zoning of the farm parcel with which the subject lands is being consolidated. lJln o\Ð$òAr{ DÈ LANDE t\ Appucnnlr 19. Additional Information as required by Council 20. If this application is to accommodate the consent of a surplus farm dwelling, please provide the following information: Date surplus farm dwelling was erected: $lh Staff Report D2010-09 regarding Oakley Rezoning / Draft Zoning By-Law Z578-2010. File: D14.OAKL Page 138 of 299 Municipality of B ayhan Znning By-law Amendment Application I /We, of , of rhe l/urtr,rn rtr/ or ó,4YrYÆrl Td'"r'!:.,.I btr'ns¡ì ip¡City'Yi llng¿ etc. Page 8 , in the county of f tdnJ , do solemnly declare: tr{uÍici¡-.31!ry* \¡¡¡g Couuty Name (r) thatl I We am / are the owner(s) of the lands described above (il) that to the best of my / our knowledge and belief, all of the information and statements given in this application and in all exhibits transmitted are true. that I /we hereby appoint to act as an Agent on my/our behalf in all aspects of this application. And I / We make this solemn declaration conscientiously believing it to be true, and knowing that it is of the same force ¡nd effect ¡s if made under oath, and by virtue of the "Canada Evídence Act"- DECLARED BEFORE ME at the: in the CountylRegion of Ebfl dayor f,a.r/ 'r, /o MARGARET UNDEruI¡Ila ¡ Commlssiouer. ctq Depury Clerk of thc Coryontion of tho Owner / Agent Muoicipality of Eeyùa&I Staff Report D2010-09 regarding Oakley Rezoning / Draft Zoning By-Law Z578-2010. File: D14.OAKL Page 139 of 299 It e_ Nç tfr.f o, $l 3b'btbf{a3 50.oo'¿l 39ø ss'o.oo', (,iNsr, ¡¡o. r+Es+ã-ìNffi 3b,5Ylb m'"+-r ,,ì." 24 S t a f f R e p o r t D 2 0 1 0 - 0 9 r e g a r d i n g O a k l e y R e z o n i n g / D r a f t Z o n i n g B y - L a w Z 5 7 8 - 2 0 1 0 . F i l e : D 1 4 . O A K L P a g e 1 4 0 o f 2 9 9 â o ra H ùi_t :E t-- Lr- t0 O Lr- -cOEÈC):cz Lr) ı= ."n .oLt) i- UeZ:EC)n_(J LL ti)_o È '..$ t-- C) -t ì.() C)(\ì Z -tLì. ¿l Lrl n( l-rlF ¿n I REQIJIRE THIS PLAN TO 8E OEPOSIIED UNDER IHE LANOÎIES ACI l"*I^,, ::s-rî4t o^,= -1,.,g-1,-]ø-8- - SSPE|RS Bjpuwimó REqSIR^R Fffi tHE LÂ{D NILES OIVgON tr ELOIN (No. ll) PART SCHEDULE PART LOT coN P.r.N.AREA I PART oF 123 NORIH OF tAt.8of ROAO ALL OF J33J7 - 0226 '12021 SQIJARE FEET 2 I 5649 SQUARE FEET pARls I AND 2 Co|/PRISE ALL OF P.l.t{. J5357 - O22A PLAN OF SURVEY OF PART OF LOT 123 CONCESSION NORTH OF TALBOT ROAD GEOCRAPHIC TOIYI\ISHIP OF EAYI|AM MUNICIPALITY OF BAìtIAM COUNTY OF ELGIN scArr - r INCH - 40 FEEr ÎuflËl-l-€= I M PERI AL 3f,lil3'"'"il.ffi JÌJH'ååê'"ii',ili'¡iç'"fl ^å'uËl$ê"o KIM HUSTED SUR\EYING LÏD. SUR\EYOR'S CERTIFICATE I CERÎFY IHAT /iì - BIS $REY ANO PLAN ARE CORRECf ANO IN ACCORDÀNCE [Ift äiÈ sivere Acr. THE suR\€YoRS Acf ANo ffE L^ND nILEs AcT ANO BE R861,LANONS MADE UND€R THEM /TI - FËÂFIÑGS ARE ASTROilffIC AND ARE REFERREO TO IHE EASTERN LIMII OF iıi iii. cotcesEo¡l NoRtH oF TALBoT Ro^o, cEæRAPHlc ro$lsHlP oF Bimlù: Ãi ixowr o¡ DEPoSIED PLAN llR-'t2os HAVNc A BE^RING OF N æ' JO. JO" E LEGEND I OENOIES SUR\EY Moi{UHE}IT FOJNO O DENOIES SUR\EY MONUMENT SET SI8 DENOÍES STÀNOARO IRON BAR isre oENotES sgoRr srANoARo lRoN gAR IB DENO1ES IRON BARRIB OROIES ROUND IRON AAR(rYT) oEilolEs wlNEss S t a f f R e p o r t D 2 0 1 0 - 0 9 r e g a r d i n g O a k l e y R e z o n i n g / D r a f t Z o n i n g B y - L a w Z 5 7 8 - 2 0 1 0 . F i l e : D 1 4 . O A K L P a g e 1 4 1 o f 2 9 9 É'/s Zorr</ MUNICIPALITY OF BAYHAM SCHEDULE 'A' O 250m 50Om - Scole 1 : 12,5OO MAP No. 34 A1.J I LOl 122 I l.o, 'ro LoT 121 N S.T R. I m-¡ I I I <tsl\% i..srn¡iËfönoV¡LLEriit SEE SCHEDULE 'F" MAP 1) Staff Report D2010-09 regarding Oakley Rezoning / Draft Zoning By-Law Z578-2010. File: D14.OAKL Page 142 of 299 lBl Group 203-350 Oxford Street West London ON N6H lT3 Canada tel 519 4727328 fax 519 4729354 To/Attention From cc Subject Municipality of Bayham Derek Dudek, MCIP, RPP Date March 30, 2010 Project No 3404 -&+&s- Steno dd '|'. Memorandum Noels et Oakley - Rezoning and Site Plan Application - Pt Lot 123, Concession 7 (8525 Sandytown Road) We have completed our review of the applications to amend the Zoning By-law and for Site Plan Approval for the proposed conveyance by consent oÍ 1117 m2 (12024 ft1) of land with an existing metal storage building. The subject lands are currently part of a2570 m2 (0.6 acre) parcel of land that includes an existing single detached residential dwelling, located at the northwest corner of Sandytown Road and Stewart Road, in Part Lot 123, Concession 7, NSTR. The subject lands have been conveyed conditionally to a similarly- sized parcel of land to the north along Sandytown Road, which also includes an existing single detached dwelling. The subject lands are designated "Agriculture" with "Hazard Lands" constraints in the Official Plan and zoned Agricultural (41) in Zoning By-law 2456- 2003. We had previously commented on the consent application in a memo to the Municipality dated June 8, 2009. Elgin Land Division Committee (EODC) application E39/09 granted the severance of the subject lands conditional upon rezoning and site plan approval. Rezoning is being requested to the Rural lndustrial (M2) Zone which is the same zoning currently applied to the northerly lands to which the proposed severed lands are to be conveyed. The subject lands are currently used for storage for a concrete/cement business by the owner of the northerly lot and will be continue to be used for the same purposes but under a revised (yet similar) lot confìguration. Surrounding land uses include the retained residential lands to the south, and agricultural fields to the west, east, and north. There is a wooded tributary approximately 100 metres to the northeast. This and other tributaries in the area are the likely reason for the generalized "Hazard Lands' constraint mapping in the area. lBl Group is a group of fìrms providing professional services and ¡s affìliated with lBl Group Architects Staff Report D2010-09 regarding Oakley Rezoning / Draft Zoning By-Law Z578-2010. File: D14.OAKL Page 143 of 299 lBl Group Memorandum Municipal¡ty of Bayham - March 30, 2010 3.Our review of the M2 Zone regulations is as follows: Minimum LotArea 4000m' Minimum Lot Frontage 30.0m 61.9m Maximum Lot Coverage 35%13.6% Maximum Building Height 12.0m 5.33m Minímum Front Yard Depth 12.0m 25.9m Minímum Side Yard WÍdth 75m ," Minimum RearYard Depth 10.0m O-75m ' Minimum Distance Separation (from 150.0m, or MDS 1, ,,|¡vestocf buildings orstructures) ' whichever is greater , .l.io livestock facilities ûithin 350m : , 4.The newly configured lot has a side and rear yard of 0.75 metres (2.5'), where 7.5 metres (25') and 10.0 metres (33') are required respectively for the M2 Zone. However, the building is existing and the side lot line was approved in this location as being approximately halfway between the building and the southerly dwelling's septic bed. With respecttothe undersized lotarea, itis noted thatthe existing M2Zone willdouble in area and that there is no new development associated with the applications. We would support these reduced setbacks through the required rezontng. The subject lands are considered a legal non-conforming use as they are not designated 'Rural - lndustrial" within the Official Plan. Without justification to illustrate the potential impacts of the full range of uses permitted in the M2Zone, it is our opinion that it would be prudent to limit the type of industrial uses that could be located on the subject lands in order to protect the surrounding residential land uses from potential odour or noise impacts. Such zoning should be flexible enough to permit the existing concrete/cement business but also allow for some other industrial uses without additional rezoning. The zoning by-law amendment should list the permitted uses as 'Light industrial uses, i ncl udi ng a n existing concrete/ceme nt busi ness" . The sketch accompanying the site plan application does not indicate any significant changes from existing conditions. Outdoor storage areas are located generally in the central portion of the síte, and to the north of the storage building, which is consistent with existing outdoor storage areas. A barn located near the front of the property is to be removed as it is partly within the public right-of-way. Our original memorandum requested a site plan agreement to address buffering, outdoor storage, and fencing with respect to Staff Report D2010-09 regarding Oakley Rezoning / Draft Zoning By-Law Z578-2010. File: D14.OAKL Page 144 of 299 lBl Group Memorandum Municipality of Bayham - March 30, 2010 the potential impacts between the concrete business and the residential parcel to the south. We would request that a more detailed site plan be submitted showing the following: o 1.82m (6') h¡gh privacy fence, or a continuous row of evergreen shrubs (allowing for similar height) along the southerly side lot line; . Clear delineation of outdoor storage areas; . Appropriate buffering (ie. fencing or shrubs as per the 1$ bullet point) along the side of all proposed outdoor storage areas facing the front lot line. 7. Based on the above review we can offer conditional support for the rezoning of the subject lands subject to a site plan drawing being submitted and subsequent agreement being executed as per paragraph 5) above. Rezoning of the subject lands will require site- specific regulations to recognize the undersized lot area and reduced yard setbacks as noted above, and should include regulations requiring a buffer strip along the southerly side lot line, and in areas where outdoor storage is visible from the public right-of-way. 7¿t'l IBIGROUP Derek Dudek, MCIP, RPP Consulting Planner to the Municipality of Bayham J13404\460 Oekley\PTMoekley2o1 G03.30 dæCol 0{4-13\DO Staff Report D2010-09 regarding Oakley Rezoning / Draft Zoning By-Law Z578-2010. File: D14.OAKL Page 145 of 299 THE CORPORÄTION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO.2578-2010 OAKLEY/I\OELS BEING A BY-LAW TO AMEND BY-LAW No.ZA56'2003' AS AMENDED WHEREAS the Council of the Corporation of the Municipality of Bayham deems it necessary to amend ZoningBy-law No. 245 6-2003, as amended; THEREFORE, the Council of the Corporation of the Municipality of Bayham enacts as follows: 1) THAT By-law No. 2456-2003, as amended, is hereby further amended by amending Schedule "4", Map No. 34,by deleting from the Agricultural (41) Zone and the Rural Industrial (M2) Zone and adding to the site-specific Rural Industrial (M2-9) Zone, those lands which are outlined in heavy solid lines and marked IVIJZ-9 on Schedule "A" to this By-law, which schedule is attached to and forms part of this By-law. 2) THAT By-law No. 2456-2003, as amended, is hereby further amended by adding the following new subsection: *21.¡Q.9. 21.10.9.1 Defined Area M2-9 as shown on Schedule "4", Map No. 34 to this bylaw; 21.10.9.2 Minimum Lot Area 2500 m2 21.10.9.3 MinimumRearan$!!!dþ¡1!.&I!b 0.75 metres for the existing main building 21.10.9.4 Minimum Rear Yard Denth 30.0 metres for the primary building (east lot line); 21.10.9.5 Permitted Uses Light industrial uses, including an existing concrete/cement business One dwelling unit as an accessory use A commercial use as an accessory use 21.10.9.6 SupplementalResulations A buffer strip as described in Section 4.28.6, shall be provided alongthe southerly side lot line, and along those portions of the front yard where open storage is located." 3) THIS By-law comes into force: a) Where no notice of objection has been filed with the Municipal Clerk within the time prescribed by the Planning Act and regulations pursuant thereto, upon the expiration of the prescribed time; or Staff Report D2010-09 regarding Oakley Rezoning / Draft Zoning By-Law Z578-2010. File: D14.OAKL Page 146 of 299 b) rWhere notice of objection has been filed with the Municipal Clerk within the time prescribed by the Planning Act and regulations pursuant thereto, upon the approval of the Ontario Municipal Board. READ A FIRST TIME THIS 6ú DAY OF May2010. READ A SECOND TIME THIS 6d'DAY OF May 2010. READ A THIRD TIME AND FINALLY PASSED THIS 6ú OAY OF May 2010. MAYOR CLERK Staff Report D2010-09 regarding Oakley Rezoning / Draft Zoning By-Law Z578-2010. File: D14.OAKL Page 147 of 299 I I ,0-, I 124 LOr 122 LOT 1 23 lr LI-TÌLE I I I -l M2-9 lr S TRAFFCIRDVI LLE (5EE 5II-]EDULE 'F,. MAP I) Th s is S,:l'e,JLrle Nlo 2578- 1010, doy of Nloy -0ì0 A ta By-1ow the 6th CLERI. Llop -tI MA r'0R lv,lr_il'.ll(_lPAt T (lf BA' HAiV SCHEDULE 'A' 0 15 0m 5Cr0 rrr" r Sc,:r e I : l:,:,00 MAP No. 34 Staff Report D2010-09 regarding Oakley Rezoning / Draft Zoning By-Law Z578-2010. File: D14.OAKL Page 148 of 299 1 CORPORATION OF THE MTJNICIPALITY OF BAYTIAM STAFF REPORT TO: Mayor & Members of Council DÄTE: lllfay 6,2010 FROM: Gerry LeMay, Manager Public Works FILE: To1 SUBJECT: Closure of Saxton Rd south of Nova Scotia Line NUMBER: P$/ 2010-03 Purpose This report is to recommend the proceeding to close Saxton Road. Background The Municipalþ has in the past closed and sold roads to property owners where the roadway did not service the municipality. Saxton Road is just such a roadway. The road appears to be a 40 foot given road that services several fields for landowners in the area. There are several other means of obtaining access to the lands rather than Saxton Road. The Public Works Department spends a great deal of time repairing culverts, etc in need of attention. The cost to maintain this particular roadway is becoming very cost prohibitive when the road does not access any homes or separated lots. The road is used only partially through out the year. Several years ago a comrgated steel culvert was placed in the end of the roadway to allow access to the rear field and now this culvert has collapsed which will cost the municipality several thousand dollars to repair an approximation is $ 12,000. We would propose closing the road and selling the property to the landowners if they wish to purchase. Presently landowners in the aÍea caî access the fields in the rear through their own lands. Staff Comments Since the roadway is not plowed in the winter season, does not support any homes, and alternative means are available for access to the rear fields it would be in the best interest of the municipality to stop up and close Saxton Road. Alternative methods to gain access to the rear fields do not include crossing streams therefore the cost of maintaining the access by the private landowners would not be a concern whereas the municipality must constantly repair the roadway and culverts placing a burden on the taxpayer. Strategic Plan Goal(s) 1. Goal #3 - Consider critical infrastructure Recommendation THAT staff be authorized to proceed with procedures close Saxton Road from the intersection of Nova Scotia Line 1.1 kilometers southerly. Respectfu lly submitted, '.nager Public Works Staff Report PW2010-03 regarding Closure of Saxton Road south of Nova Scotia Line. File: T09 Page 149 of 299 jı:öÈ-oo'r | -¿g-ltlc' CO,VC8SSTO,V LOT 2 ÀaÉ't5 !\c' -.r-og-ooã râ,¡tl4 s6-æl 00ð- o l/"1,38 LOT Staff Report PW2010-03 regarding Closure of Saxton Road south of Nova Scotia Line. File: T09 Page 150 of 299 1CORPORATION OF TIIE MUNICIPALITY OF BAYHAM STAFF REPORT TO: Mayor & Members of Council DATE: lll4ay 6,2070 FROM: Gerry LeMay, Manager Public Works FILE: Lo4 SUBJECT: Landscaping Services-20l0 NUMBER: PW 2010-04 Purpose This report is to recommend Council accept the tender from V/ilson Lawn Care and Snow Removal for the provision of Landscaping Services at varying locations within the Municipality of Bayham. Background The Municipality of Bayham awards a tender for the Landscaping Services on various locations through out the Municipality and this year we have received the prices from five (5) contractors to cut grass, clean the areas and place a material on broad leaf weeds and fertilize the grass areas. The tender reflects a reduction in the number of sites from 2009. This year Wilson Lawn Care and Snow Removal is the successful contractor in submitting a tender for each area, which was the lowest of all tenders. Mr. Wilson has been the successful contractor in the past and is aware of the volume of work. The draft By-Law is before Council in this particular tender for consideration. Staff Comments Wilson Lawn Care and Snow Removal is aware of the magnitude of work involved and held this contract before. Attachments l. Breakdown of prices quoted 2. Draft ByJaw 2010-044 to authorize the execution of an agreement between Municipality of Bayham and Wilson Lawn Care and Snow Removal Strategic Priorities 1. As outlined in the Strategic Priorities 2008- 2013 Goal T in promoting excellent environmental stewardship in complying with the Province of Ontario's recent changes to use of pesticides on lawns as well as promoting a positive outlook for visitors to our region Recommendation THAT draft By Law No 2010-044 to authorize an agreement with Wilson Lawn Care and Snow Removal be presented to Council for enactment. Respectfully submitted, Public Works Staff Report PW2010-04 regarding Landscaping Services - 2010. File: L04 Page 151 of 299 Breakdown of Prices received for Landscaping Services Contractor \ililson Sunshine 110.25 1,000 320.25 2,500 89.25 800 152.25 1,000 89.25 1,000 446.25 2,500 68.25 1,400 47.25 800 47.25 800 257.25 2,500 68.25 1,000 236.25 3,600 68.2s 800 110.25 1,000 Area M N o P a R S T U v \ry X Y Richmond Courtland Keep it Reel 600 1,400 2,000 1,575 D&D 160 240 120 180 180 600 180 t20 120 180 120 260 120 160 2,740.00Monthly Totals 2,110.50 2,653.82 20,700 Wilson Lawn Care won the bid in 2009 but decided to change prices for 2010. Winning bid in 2009 was $ 1,785.00 monthly nla Staff Report PW2010-04 regarding Landscaping Services - 2010. File: L04 Page 152 of 299 THE CORPORATION OF THE MUIIICIPALITY OF BAYHAM BY-LAW NO. 2010-044 A BY.LAW TO AUTHORIZE THE EXECUTION OF AN AGREEMENT BETWEEN THE MUNICIPALITY OF BAYHAM AND'Wilson Lawn Care & Snow Removal FOR THE PROVISION OF LANDSCAPING SERVICES WIIEREAS the Municipality of Bayham is the registered owner and/or lessee of the lands shown on the various maps attached hereto as "Map #1" , "}l4ap #2", "li4ap #3", "lifap # 4" and "Map #5", hereinafter referred to as the "lands" AND WHEREAS the Council of the Corporation of the Municipality of Bayham is desirous of entering into an agreement for provision of landscaping services on these lands. THEREFORE THE COUNCIL OF THE CORPORATION OF THE MTJNICIPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. THAT the Mayor and Clerk be and are hereby authorized to execute the Agreement attached hereto as Schedule "4" and forming part of this by-law between the Municipality of Bayham and Wilson Lawn Care and Snow Removal for the provision of landscape services. 2. THAT this by-law shall come into fulI force and effect upon the final passing. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 6th DAY OF May 2010. MAYOR CLERK Staff Report PW2010-04 regarding Landscaping Services - 2010. File: L04 Page 153 of 299 Schedule " A" BIL 2010-044 LANDSCAPE SERVICES THIS AGREEMENT made intriplicate this BETWEEN day of ,201'0. WILSON LAWN CARE AND SNO\il REMOVAL ( hereinafter referred to as the "Contractor" ) of the First Part -and- THE CORPORATION OF THE MUNICIPALITY OF BAYHAM (hereinafter referred to as the "Municipality") ofthe Second Part WHEREAS the Municipality is the registered owner and/or the lessee of the lands shown on the various maps attached hereto as "Map #1" , "Map #2" , "Map #3" , "Map #4" and "Map #5", hereinafter referred to as the "lands"; AND WHEREAS the Contractor wishes to provide landscape services for the said lands; AND \ryHEREAS in consideration of the payment of the sum of monies as described within the context of this agreement by the Contractor to the Municipality and other good and valuable consideration, the suffrciency of which is hereby acknowledged, the parties hereto agree as follows: 1. The Municipality grants permission to the Contractor to enter upon municipal lands for the purpose of maintaining the lands. 2. The Contractor agrees to provide landscape maintenance as needed for the lands. 3. The Municipality shall pay to the Contractor for the following properties, the total sum, payable in equal monthly installments: Port Burwell - Map # 1 None -2- Staff Report PW2010-04 regarding Landscaping Services - 2010. File: L04 Page 154 of 299 Schedule "4" BIL 2010-044 Vienna - Map #2 Area M (Edison Museum -14 Snow St & southside vacant lot) Sl l0.25_ grass - flower beds - litter pick up, dump & dispose of garbage can contents Area N (Vienna Community Centre & Ball Park - 26 Fulton St.) 5320.25 - gfass - liuer pick up, dump & dispose of garbage can contents Straffordville-Map#3 Area O(Firehall - 55764 Third St) $ 89.25 - grass Area P (Municipal Office - 9344 Plank Road & $ 152.25 Library - 9366 Plank Road) - glass - flower beds Area Q (Medical Centre - 9299 Plank Road) $ 89.25 - grass - flower beds Area R (Bayham Community Centre &.Park - 56169 Heritage Line) $ 446.25 - grass - litter pick up, dump & dispose of garbage can contents Area S (Parkette - 56301 Heritage Líne @Plank Road) $ 68.25 - grass - flower beds - litter pick up, dump & dispose of garbage can contents Area T (8934 Plank Road Pump Stn 5 ) S 47.25 _ grass Eden - Map #4 Area U (community mailbox - Plank Road @ Eden Line) S 47.25 - grass -3- Staff Report PW2010-04 regarding Landscaping Services - 2010. File: L04 Page 155 of 299 Schedule " A" B lL 2010-044 Area V (Eden Community Centre & Park - 56967 Eden Line) S 257.25 - gfass - liuer pick up, dump & dispose of garbage can contents Area W (11403 Plank Road Pump Stn 1) - glass Corinth - Man #5 Area X (Community Park - 54286 Best Line) - grass - litter pick up, dump & dispose of garbage can contents Area Y (SÆ Corner Culloden Road /Best Line) - gfass Richmond $ 68.2s s236.2s $ 68.25 Community Park (53906 Church St)$ 110.2s - grass - litter pick up, dump & dispose of garbage can contents 4. The Contractor agrees to indemniff the Municipality and save it harmless from and against any and all claims, actions, damages, liability, and expenses, in connection with loss of life, personal injury, or damage to properly arising from any occuffence on said lands howsoever such claims may arise, providing proof of liability insurance not less than $ 2,000,000 prior to }l{.ay 7,2010 and that the insurance shall name the Municipality of Bayham as an additional insured. 5. The Contractor will observe and adhere to the standards set out in Appendix "A" attached hereto. 6. The Contractor shall not impede parking, pedestrian or vehicular traffic to the subject lands. 7 . The Municipality shall have access to the site and surrounding area at all times. 8. The Contractor shall not subcontract any or all of this agreement without the prior and express approval of the Municipality. 9 . This Agreement may be terminat ed at any time by either party giving the other party 3 0 days written notice of termination. -4- Staff Report PW2010-04 regarding Landscaping Services - 2010. File: L04 Page 156 of 299 Schedule " A" BIL 2010-044 IN WITNESS WHEREOF the Contractor and the Municipality have hereunto set their hands and Corporate Seals this day of May,20l0. SIGNED, SEALED AND WITNESSED THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ) Lynn Acre, MAYOR ) ) ) In the Presence of ) Lynda Millard, CLERK ) ) ) CONTRACTOR ) ) ) ) ) ) ) ) ) ) ) ) ) -5- Staff Report PW2010-04 regarding Landscaping Services - 2010. File: L04 Page 157 of 299 Schedule " A" BlL 2010-044 Appendix "A" LANDSCAPE MAINTENANCE SCOPE OF WORK I. GENERAL.LANDSCAPE SERVICE 1.1 Except as otherwise expressly provided the contractor shall fumish all the necessary labour, materials and equipment to perform the work specified in this contract. The contractor shall be solely responsible for loss or damage of his equipment and for any material delivered to him from whatsoever source. The contractor shall be responsible for all damages caused during the execution of the work and shall impose as little inconvenience as possible on the residents during the performance of this contract. All work performed by the contractor shall be executed to the satisfaction of the municipalþ. Failure to provide and maintain a standard of service and workmanship acceptable to the Public Works Manager will, at his discretion, result in an alternate contractor being hired to do the work with the cost of the same deducted from payment to the original contractor. Repeated failure to meet our standards of service and workmanship will result in termination of the contract. TERMS OF CONTRACT This contract shall be in force for a period of one year, conìmencing May 1 in the year in which it has been awarded, and may be renewed for an additional two years at the agreement of both the contractor and the Public 'Works Manager. PAYMENT Invoices shall be submitted on a monthly basis starting one month from the coÍrmencement of work. 3. DESCRIPTION OF \ilORK 3.1 Lawns and Grassed Areas 3.1 .1 Thoroughly rake all grassed areas to remove debris and dead grass early in May. 1.2 1.3 r.4 1.5 2.1 2.2 6- Staff Report PW2010-04 regarding Landscaping Services - 2010. File: L04 Page 158 of 299 Schedule " A" B,IL 2010 -044 3.1.2 All debris shall be picked up prior to mowing operations. Mowing of all turfed areas shall be performed on a regular basis to ensure grass does not exceed 4" in height. The grass is not to be cut to a height of less than2". 3 .l .3 Excessive grass clippings shall be raked and disposed of by the contractor immediately after each mowing operation. 3.I.4 Municipal grassed area along public roadways abutting the projects are included in this contract. 3.1.5 Trimming of grass adjacent to curbs, sidewalks, fences, trees, flower beds, benches, buildings, light standards, hydrants, etc. shall be done immediately after each mowing. 3.1.6 Leaves shall be raked and disposed of regularly once they begin to fall from the trees in autumn. 3.1.7 Edging of hedges and sidewalks shall be completed on a monthly basis so that these areas have aneat and well maintained appearance. 3.1.8 Aerate turf using equipment which removes plugs of soil in June. 3.1.9 Fertilizer shall be applied on all grassed areas in the spring and fall in two (2) passes of opposite directions, using Yzrccommended rate of application to ensure even coverage. The contractor shall notifu the Public V/orks Manager at least 24 hours prior to coÍrmencement of the fefülizing application. Fertilization shall conform to the recent changes in the regulations as to banned substances. 3.1.10 Weed repellant for broad leaf weeds only. shall be applied on all grassed areas in the spring and fall during the two (2) passes of opposite directions, using %the recoÍìmended rate of application to ensure even coverage. The contractor shall notifr the Public Works Manager at least 24 hours prior to conìmencement of the weed repellent application. Note:-A Weed and Feed combination may be used in place of fertilizer and weed repellant under items 3.1.9 and 3.1.10. 3.2 Hard Surface Areas 3.2.1 All hard surface areas, which includes parking lots and sidewalks, must be swept clean each time the Contractor is performing work on site. 3.3 Plants and Planting Beds -7 - Staff Report PW2010-04 regarding Landscaping Services - 2010. File: L04 Page 159 of 299 Schedule $ A') B fL 2010-044 3.3.1 Prepare flower beds. The contractor shall notiS and consult with the Public V/orks Manager regarding the planting of annual flowers each spring. Flower beds are to be weeded and maintained on a weekly basis. 3.4 Pruning and Fertilizins Trees 3.4.1 Pruning for trees up to 16 feet in height- Pruning shall consist of the removal of excess sucker growth, dead wood and interfering growth, the thinning of branches where necessary, clearing growth from buildings and the shaping of trees. All pruned branches of a diameter greater than 1 inch and all exposed wood or scars resulting from previous work damage shall be painted with approved tree wound paint. Trees and branches which are weak shall be cabled or braced in accordance with approved tree bracing methods. Workmen shall not be permitted to climb live trees with climbing spurs, but they shall employ accepted tree climbing methods. Timber, brush and all other debris resulting from this work shall be entirely removed from the project and disposed of by the contractor at his own expense on the same day trees are pruned. 3.4.2 Trimming, and removal of dead growth, of all hedges and shrubs shall be performed during June (evergreens ), in June, July and September (deciduous) and vines are to be trimmed as required to present aneat appeafance. 3.5 Debris and Garbage Disposal 3.5.1 Debris and garbage can contents shall be disposed of by the contractor in a manner acceptable to the Public Works Manager. I Staff Report PW2010-04 regarding Landscaping Services - 2010. File: L04 Page 160 of 299 ñn p+3 0 ï VIENNA MUNICIPALITY OF B,AYHI\M S t a f f R e p o r t P W 2 0 1 0 - 0 4 r e g a r d i n g L a n d s c a p i n g S e r v i c e s - 2 0 1 0 . F i l e : L 0 4 P a g e 1 6 1 o f 2 9 9 Staff Report PW2010-04 regarding Landscaping Services - 2010. File: L04 Page 162 of 299 nlrÊ4 MUNrcrPALrrY oF sotr* lf SCHEDULE 'A' ll lt EDEN l@l 0 200m 400m Scole .l : 10,000 Staff Report PW2010-04 regarding Landscaping Services - 2010. File: L04 Page 163 of 299 E û1n,€+a Staff Report PW2010-04 regarding Landscaping Services - 2010. File: L04 Page 164 of 299 ASSOCIATIO]I OF OilTABIO ROAD SUPERUISORS PROMOTING KTOWLEI'IìE. PURS G EXCELLEIICE. 1 March 31,,20LO Municipality of Bayham 9344 Plank Road, P.O. Box L60 Straffordville, ON NOJ 1Y0 Attention: Mavor Lvnn Acre and Council Re: Edward R. Bradfield CRS Dear Mayor and Council Members: , iì:il ¡lÕ I On behalf of the Association of Ontario Road Supervisors (AORS), I would like to congratulate your employee, Edward R. Bradfield for his recent Certified Road Supervisor certification.. As well, thank you for supporting your employee and we encourage you to publicly acknowledge this achievement. AORS has been serving public works professionals since L961. ln L996 AORS was granted - by Provincial Legislation -the exclusive right to use the designation 'Certified Road Supervisor' (CRS). The four levels of Certification - Associate, CRS, lntermediate and Senior - have mandatory experience and education criteria established by the AORS Education Committee and Certification Board. Certified individuals may publicize their credential by using initials after their names and we would certainly" encourage your employee to do so, Certification is important for your Municipality because it increases corporate 'professionalism', accountability and morale. Certified Road Supervisors use their broad base of knowledge to make confident decisions and therefore serve Council and public more effectively. AORS is committed to the training and development of experienced, reliable and efficient personnel for the construction and maintenance of public roads in rural and urban municipalities across Ontario. Thank you again for supporting AORS and for helping us meet our objectives. Yours truly,%. Bryan Clarke CRS-S Executive Director cc. Edward R. Bradfield CRS P.0. B0X 129, TH0RNDALE, 0N N0M 2P0 TEL: (519)461 -1271 FAX: (519)461-1343 www.aors.on.ca Correspondence dated March 31, 2010 regarding "Edward R. Bradfield CRS". File: A01 Page 165 of 299 Page 166 of 299 g Municipality of Bayham Building Permits For The Month of April 2010 Dste:May_02_2010 File: P10 No.Date Roll #Permit Holder Property Descrlptlon Bullding Type Value Permit Fee Septic /Sewer Fee 25 l-Anr 0-005-0200r Colwell, Randv 10085 Culloden Road install pitched roof to existing mobile home 780s0ft 4-000 r 07.0( 26 l-Aor 0-005-t 131 I Vanderleeuw, Irma 54152 Best Line lonstruct patio deck to rear ofhouse 600sq ft I,000 75.0C 27 8-Aor 2-001-10100 Smith, Kenneth 50 Shakespeare Street install storage shed in backyard 240sq ft 4.000 75.0( 28 13-Anr 0-006-l 8201 Merkley, Richard I 1656 Plank Roact install washroom and plumbins in buildine l20sq fì l -00(I t 8.0( 29 l5-Apr 2-001 -05700 Iavlor. Sam 72 Victoria Street ¡onstruct patio deck to front ofhouse l62sq ft l -00(7s.0( 30 l6-Apr 0-006- l 0800 VanOuaethem. Brian 56616 Eden Line install 68ft srain bin 3633sq ft l 00.00(75.0( 3t 20-Apr 0-004-0390r Wiebe. Heinrick 5651 9 Heritase Line install roofover existing rear deck 288sq ft 80(207.0C 32 20-Aor 0-007-02925 Peters, Johan 9275 Richmond Road constn¡ct detached storage garage 780so ft 15.00(474.O( 33 23-Aor )-005-02001 Jatman, Dave 10085 Culloden Rd new septic svstern for mobile home 10.00(3s0.0c 34 23-Aor 0-007-1 1503 Rabel. Karl 53905 John Street construct detached sarase 720sq ft 20.00(406.0c 35 23-Apr )-00s-01 830 Weber. Calvin 10445 Culloden Road install utility shed I 20sq ft 1.50(75.0C April-I0 158.300 1.997.00 0.0t ¿OIO YEARTO DATE t.227.916 12.181.00 1125.0( Aprll-09 282.40(2.710.00 600.0( ¿OO9 YEARTO DATE 1.159.60(10.315.00 2t7S.O( sMs/3/2010 excel\monthly\buildper Prepared by: Reviewed by: B u i l d i n g P e r m i t R e p o r t f o r m o n t h e n d i n g A p r i l 3 0 , 2 0 1 0 . F i l e : P 1 0 P a g e 1 6 7 o f 2 9 9 Page 168 of 299 v CORPORATION OF THE MUNICIPALITY OF BAYHAM STAFF REPORT TO: Mayor & Members of Council DATE: itlf'ay 6,2010 FROM: Gord Roesch FILE: P0lYard By-law Enforcement Offi cer SUBJECT: By-LawYard Maintenance Contract NIIMBER: P2010-04 Services 2010 PurDose: Obtain Council approval for the Mayor and Clerk to enter into an agreement for yard maintenance services pertaining to By-law Enforcement. Background: Bylaw 2002-009 Maintenance of Yards l,As Amended) Section 20.1 of Municþality of Bayham ByJaw #2002-009 Maintenance of Yards provides: If any owner and/or any occupant of any lands and/or premises fails to comply with anlhing required to be done in accordance with this ByJaw, the Municþality of Bayham in addition to all other remedies, shall: (a) Have the right to repair the said lands and/or prønises so as to create and/or maintain compliance with those standards set forth in this Bylaw, and, for this purpose with its servants and agents from time-to-time to enter in and upon the property; (b) Not be liable to compensate such owner or any other person having an interest in the property by reasons of any thing done by or on behalf of the Municþalþ of Bayham under provisions of this subsection, and (c) Have the right to recover from the owner of the property any amount expended by or on behalf of the Municipality of Bayham under the authority of this section and such amounts maybe collected in like manner as municipal taxes (d) 'Where any of the matters or things are removed in accordance with this ByJaw the matters or things may be immediately disposed of by the Chief Building Official, Property Standards Officer or designate. Enforcement Staff investigates all complaints regarding violation of the Yard Maintenance ByJaw. Residents in violation of the By-Law are issued a Notice of Violation and Repair requesting compliance with the By-Law by a specific date. By-Law Enforcement staff may exercise the Municipality's authorityunder the By-Law when the properly owner fails to comply with the violations by the specified date. Staff Report P2010-04 regarding By-Law Yard Maintenance Contract Services 2010. File: P01 Page 169 of 299 The Municþalityutilizes a contractor (under agreement with the Municipality) to exercise its authorityunder the By-Law. The Municþality's authorityincludes entering on to the property and undertaking necessary action to bring properly into compliance. The property owner is responsible for all costs incurred by the Municipality plus a fifty-dollar ($50) administrative charge to bring the property into compliance. If the property owner does not pay the invoice within a reasonable period of time the costs incurred by the municipality are added to the property's tax roll and are subject to the same penalties and interest as over due tax payments. In most cases the municipality utilizes a contractor to address violations under the Yard Maintenance By-Law pertaining to the length of grass and weeds. Yard Maintenance Agreement - Froese The current agreement expired April30, 2010. The 2009 agreement rate was $80.00 per hour plus applicable taxes. Extra charges (e.g. tþing fees) will be charged to the Municipality in addition to the hourly rate. The Contractor provided services as an independent contractor and not as an employee of the Municipality. The Contractor carried out services as requested and specified by a municipal ByJaw Enforcement Officer. The Contractor maintained a comprehensive liability insurance policy, including the Municipality as an additional insured, in an amount of not less than $2,000,000 providing coverage for and including bodily injury, death or property damange. The Contractor provided a Certificate of Clearance from the Worþlace Safety and Insurance Board. Amount paid to Froese for 2009 was $724.50 for a total of 8 hours. Staff Comments: The Contractor has verbally advised the municipalityhe is willing to renew the agreement for three years at the rate of $80.00 per hour plus applicable taxes for grass cutting,yard clean up and debris removal. The addition of a renewal clause for a further three year period will be included in the agreement. All costs for enforcement of the yard maintenance provisions are applied to the property tax assessment file and collected in accordance with the Municipql Act. The Contractor has provided professional services to the municipality for the duration of the current agreement. Staff Report P2010-04 regarding By-Law Yard Maintenance Contract Services 2010. File: P01 Page 170 of 299 Based on past history of the number of incidents where the Contractor assisted the Municipality, staff anticipates the Municipality's 2010 budget will not be negatively impacted. Staffrecommends the municipality extend the current agreement for three years with a renewal clause as proposed. Authorize the Mayor and Clerk to execute an agreement with Ground Effects Landscape and Design as per By-law #2010-045 to provide Yard Maintenance Contract Services for a period ending April30' 2013. Utilize public works staff to provide the required services and recover costs incurred by the Municipality. Strateeic Goals Goal #4 - Be Dedicated to Service Excellence Goal #7 - Provide excellence in environmental stewardship Recommendation: That staff report P2010-04 regarding By-law Yard Maintenance Contract Services for 2010 be received; AND THAT Council authorízes the Mayor and Clerk to execute an agreement with Ground Effects Landscape and Design as per By-law #2010-045 for a period ending April 30,2013. Respectfully submitted, Reviewed By, 2. Reviewed By, By-Law Enforcement Officer Staff Report P2010-04 regarding By-Law Yard Maintenance Contract Services 2010. File: P01 Page 171 of 299 THE CORPORATION OF THE MTJNICIPALITY OF BAYIIAM BY-LAW NO. 2010-04s A BY-LAW TO AUTHORIZE TIIE EXECUTION OF AN AGREEMENT BETWEEN THE MT]NICIPALITY OF BAYIIAM AND LEN FROESE OPERATING AS GROTIND EFFECTS LANDSCAPE AND DESIGN FOR THE PROVISION OF BY-LAW ENFORCEMENT YARD MAINTENANCE SERVICES WIIEREAS the Municipality of Bayham is desirous of entering into an agreement for the provision of yard maintenance services associated with by-law enforcement on an "as needed" basis; AND WHEREAS the Council of the Corporation of the Municipality of Bayham is desirous of entering into a contract agreement for provision of said services with Len Froese O/A Ground Effects Landscape and Design. TIIEREFORE TIIE COI]NCIL OF THE CORPORATION OF TIIE MT]NICIPALITY OF BAYIIAM ENACTS AS FOLLOWS: 1. TIIAT the Mayor and Clerk be and are hereby authorized to execute the Agreement attached hereto as Schedule 'e A" and forming part of this By-law between the Municþality of Bayham and with Len Froese O/A Ground Effects Landscape and Design for the provision of yard maintenance services associated with byJaw enforcement on an "as needed" basis. 2. TIIAT this By-law shall come into full force and effect upon final passing. READ A FIRST, SECOND AND TIIIRD TIME AND FINALLY PASSED THIS 6th DAY OF MAY 2010. MAYOR CLERK Staff Report P2010-04 regarding By-Law Yard Maintenance Contract Services 2010. File: P01 Page 172 of 299 Len Froese, - 1 - Schedule "A" BlL20l0-045 Ground Effects Landscape and Design YARD MAINTENANCE SERVICES THIS AGREEMENT made in triplicate this day of ,2010. BETWEEN: LEN FROESE O/A GROT]ND EFFECTS LANDSCAPE AND DESIGN (hereinafter referred to as the "Contractor") of the First Part -and- TIIE CORPORATION OF THE MTJNICIPALITY OF BAYHAM (hereinafter referred to as the "Municipality") ofthe Second Part WIIEREAS the Municþality of Bayham is desirous of entering into an Agteement for the provision of yard maintenance services associated with By-law Enforcement on an "as needed" basis, within the geographical area of the Municipality of Bayham; AND WHEREAS the Council of the Corporation of the Municipality of Bayham is desirous of entering into a contract agreement for provision of said services with Len Froese, O/A Ground Effects Landscape and Design. NOW THIS AGREEMENT WITNESSETH AS FOLLO\ilS: 1. The Contractor hereby covenants and agrees to perform yard maintenance services as requested and specified by Bayham By-law Enforcement Officers, at residences within the Municipality of Bayham. 2. The Municþality hereby covenants to pay to the Contractor the sum of EIGHTY ($30.00) DOLLARS per hour, plus applicable G.S.T. Payment will be made within twenty (20) days following the submission of completed and approved invoice. Extra charges (example: tþing fees regarding debris to be disposed of) will be charged to the Municipality in addition to the hourlyrate. V/ritten confirmation of the amounts expended on behalf of the Municipality will be provided and attached to the invoice reflecting said charge. 4. The Agreement shall take effect upon the execution of this Agreement for a period up to and including April 30,2013, and may be renewed for an additional three years at the agreement of both the Contractor and the Municþalit¡ unless sooner terminated in accordance with the Agreement or by agreement of the parties. Staff Report P2010-04 regarding By-Law Yard Maintenance Contract Services 2010. File: P01 Page 173 of 299 Len Froese,-2-Schedule " A" B lL 2010-045 Ground Effects Landscape and Design 5. Either party may terminate this Agreement upon forty-five (45) days notice in writing to the other party. Such notice maybe mailed by ordinaryprepaid mail to the other ptrty, and this Agreement shall terminate on the forty-fifth day following the date of the mailing. 6. 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. 7. It is understood by the parties that all services carried out hereunder by Len Froese, O/A Ground Effects Landscape and Design shall be as an independent contractor and not as an employee of the Municþality. 8. Any notice required to be given under this Agreement must be in writing and in the case of the Municipality, to: The Clerk, The Municipality of Bayham 9344PlankRoad, PO Box 160, Straflordville Ontario NOJ 1Y0 and in the case of Len Froese, O/A Ground Eflects Landscape and Design to: Len Froese,Ol[ Ground Effects Landscape and Design 51475 Talbot Line East, RR #1 Aylmer Ontario N5H 2Rl 9. That there have been no representations, oral or written, by either party, save as contained herein. The Contractor covenants and agrees as follows: (a) They shall, during the entire term of this Agreement, provide and keep in force for the benefit of the Municipality, a comprehensive general liability insurance polic¡ including the Municipality as an additional insured, in an amount of not less than $2,000,000 providing coverage for and including bodily injury, death or property damage; (b) They shall furnish to the Municipality, upon the execution of this Agreement, copies of the certificates of insurance, showing that they have complied with the provisions of Paragraph 5(a) including naming the Municipality as an additional insured. The Contractor shall indemniff and save harmless the Municipality and their ernployees from all actions, suits, claims and demands whatsoever which may arise directly or indirectly by reason of a requirement of this Agreement, save and except from damage caused by the negligence of the Municipality or their employees. The Contractor shall fumish to the Municipalit¡ upon the execution of this Agreement, a Clearance Certificate issued by the Worþlace Safety & Insurance Board, which waives its rights under Section 1l(3), R.S.O. 1990 of the Workers' Compensation Act to hold the Municipality liable for any liability of the Contractor for assessments and levies owing to the Worþlace Safety & Compensation Board. In the case the Worþlace Safety & Insurance Board refuses to issue such certificate, awaiver form satisfactory to the municipality shall be executed. 10. 11. 12. Staff Report P2010-04 regarding By-Law Yard Maintenance Contract Services 2010. File: P01 Page 174 of 299 Len Froese, - 3 - Schedule "A" BlL20l0-045 Ground Effects Landscape and Design 13. The contractor shall use his or her own vehicle and yard maintenance equipment for carrying out the services requested. L4. The Municipality shall supply to the conhactor an identification card bearing their photograph, which shall be displayed for all persons contacted by the contractor, while providing the services herein. Such card shall be returned to the Municipality immediately at the end of the service period. 15. This Agreement shall ensure and be binding upon the Parties hereto when attached to and confirmed by By-law of the Council of the Municþality and signing by the Contractor and shall not be assigned without the consent of the Municipality. IN WITNESS WHEREOF I HAVE HEREUNTO SET MY HAND AND SEAL. CONTRACTOR: Date \MITNESS: Date IN V/ITNESS WHEREOF THE CORPORATE SEAL OF THE MI.TNICIPALITY IS HEREUNTO AFFIXED AND ATTESTED BY THE PROPER SIGNING OFFICERS THEREOF. AUTHORIZATION: THE CORPORATION OF THE MT]NICIPALITY OF BAYIIAM BY.LAWNO. #2010-045 Mayor Date Clerk Date Staff Report P2010-04 regarding By-Law Yard Maintenance Contract Services 2010. File: P01 Page 175 of 299 Page 176 of 299 R TO: Mayor & Members of Council FROM: Gord Roesch - Fire Chief SUBJECT: Municipality of Bayham's Master Fire Plan DATE: May 3, 2010 FILE: P P NUMBER: FD2010-001 Purpose This report is to provide Council recom.mendations for the implementation of the Master Fire Plan. Background Peter Corfield and Associates completed a Master Fire Plan and that plan was submitted to council on April lsth, 2010. Council referred the report back to staff for comment. The majority of the process was completed prior to my arrival in Bayham. I did have the opportunity to review the DRAFT Master Fire Plan and I had the opportunity to talk to Mr. Corfield prior to him releasing the FINAL Master Fire Plan. Staff Comments The Ontario Fire Marshal Public Fire Safety Guideline PFSG-03-02-13 states: This guideline is a framework for municipal decision making which should link council policy setting responsibility and the fire service operational expertise to accommodate short, medium or long term planning. The MFP is a great snap shot of the Bayharn Fire Department as it is currently operating. I would consider it to have the components of short and medium term vision but the long-term vision isn't as clear. I have made several comments on the recommendations in the MFP as well as some additional recommendations that I feel, with an updated Establishing and Regulating Bylaw and new Mission Statement will provide us with a vision moving forward. Attachments 1. Fire Chief Response and Recommendation to the Master Fire Plan 2. Draft Establishing and Regulating By-Law 3. Letter from OFM regarding Self Inspection Option 4. Public comments from Fire Chief Sam Taylor Recommendations Many of the recommendations made in the supporting document can be deferred or retumed to staff for further study or comment. It is important for the immediate operation of the Fire Department that the following recoÍrmendations be addressed as soon as possible. 1. Firefighter Recruitment a. That Council agrees in principle for the Fire Chief to implement a training program for recruit firehghters with area fire department partnerships 2. Officer Qualificationsa. That Council agree in principle for the Fire Chief to implement a training program for ofhcers in the Bayham Fire Department 3. Water/Ice Rescue Level of Response a. That Council approve our current level of water rescue service and equipment purchase with funds from the Port Burwell Firefighters Association donation and operational budget monies Staff Report FD2010-001 regarding Municipality of Bayham's Master Fire Plan. File: P16 Page 177 of 299 Staff Report FD2010-001 regarding Municipality of Bayham's Master Fire Plan. File: P16 Page 178 of 299 Fire Chief's Response and Recommendations to the Master Fire Plan Having had the opportunity to review the Master Fire Plan prepared by Peter Corfield & Associates for the Municipality of Bayham Fire Department and I would like to respond in turn to each recommendation. Summary of MFP Recommendations: 1. Port Burwell Fire Station - Agree with MFP - A Committee was established prior to my employment with the Municipality of Bayham, however with Chief Groeneveld's move to Malahide the process was put on hold. On April 22,2010 I had my first meeting with the committee and we are moving fonruard as quickly as possible with the replacement of Station #1. 2. Fire Apparatus and Major Equipment Funding - Agree with MFP - | have evaluated the department's fleet and equipment currently in service. The following recommendation is based on our current fleet and Bayham's Simplified Risk Assessment completed in 2009. It is my opinion that the department requires off road capability. Bayham responds to numerous brush fires and MVC's where the traditional apparatus are unable to work effectively. Firefighters have in the past used personal vehicles to perform fire service protection because the municipality does not have the equipment available to respond. Using personal vehicles presents several problems. lf we develop a policy that allows firefighters to commandeer equipment, the department must have written operational guidelines in place and firefighters must train on the equipment they are going to commandeer. Recently a firefighter's truck was totally consumed by fire. On April 4th, 2010 the personal vehicle was being used to transport equipment at a field fire. The wind shifted and the truck was caught in the fire, Not only was the truck a total loss, the department lost approximately $6000 worth of equipment in the fire. A standing order has been issued that no personal vehicles can be used for emergency operations and no equipment may be commandeered as we have no guidelines and have not provided our firefighters any training. An Operational guideline will be developed to reflect this order. Fire Ghief Response to Master Fire Plan Page 1 oi 1 Staff Report FD2010-001 regarding Municipality of Bayham's Master Fire Plan. File: P16 Page 179 of 299 In an attempt to overcome the challenges that the department faces, the municipaltruck assigned to the Fire Chief has been staged in Station #2 and is now available for the department. lt is my recommendation that when we replace the current Rescue in Station #1, we purchase two (2) 4x4 extended cab / light rescues for the stations. Not only willwe maintain our current abilities, we will have off road capabilities. The department can use this type of apparatus to transport fire personnel, specialty rescue equipment, and air cylinders. lt would also run as our medical first response unit. It is my recommendation that we continue to fund major apparatus and equipment replacement through long term reserve funding. Currently Bayham has a general equipment replacement forecast and schedule in place and monies are being set aside in reserves. The amount being transferred annually will be reviewed and revised and an updated forecast will be submitted to councilfor approval. 3. Firefighter Recruitment - Agree with MFP - A new Joint Recruit Training program will see Bayham part of a partnership with several municipalities. I have had conversations with the Fire Chief's of South West Oxford, Tillsonburg, Malahide and Aylmer to date. There is interest from the area departments. A new recruit must complete 100 hours of training that will end with the recruit having all the firefighter curriculum component #1 signoff's and writing the Component #1 exam for the Ontario Certified Firefighter Program through the Office of the Fire Marshal. Benefits to this are that we don't pay recruits (auxiliary firefighters) for this training time. They must complete the training to become a firefighter in Bayham. Costs to run the program are divided equally between the partners. This quality and level of training isn't possible without partnerships and would take years to complete during regular departmental training sessions. I have been involved as a lead instructor in this type of inter-departmental recruit training program and it has been used as a provincial model and been a success in other departments in Ontario. It is my recommendation that council, through the Administrator contact area municipalities and request that the fire chiefs meet and discuss joint purchasing and training opportunities. Fire Ghief Response to Master Fire Plan Page 2 oi 2 Staff Report FD2010-001 regarding Municipality of Bayham's Master Fire Plan. File: P16 Page 180 of 299 The second part of this recommendation to change the term "department" to "station" will be implemented. I propose to change the Fire Department structure through the Establishing and Regulating By-law. The Department will be known as the Bayham Fire and Emergency Services. This name more accurately reflects the role the department has in the Municipality of Bayham. ln addition to fire suppression, the department responds to emergency medical calls, auto extrications, technical rescues and hazardous materials responses. The department will have two (2) stations (Port Burwell - Station #1, Straffordville - Station #2). 4. Officer Qualifications - Agree with MFP - I will be working with the Ontario Fire College to implement the newly announced three tiers Company Officer Program. The first tier will see all firefighters and officers trained in the lntroduction to IMS and Legislation 101 . The second tier will see all Captains trained in Building Construction and advanced lncident Management through the Ontario Fire College in locally delivered programs. The third tier will be voluntary where firefighters / officers can work toward the Company Officer Diploma program through the Ontario Fire College, Training has started and will be an ongoing part of the services training plan moving forward. I have had conversations with the Ontario Fire College and requested status as an Associate instructor for the first level of the Company Officer program. lf approved I will become provincially certified to deliver the entire 1't level and will begin offering courses to all the officers of our department. It is my position that not only officers need to be certified to a recognized standard in the province. Starting with the recruit training in 2011, all members of the department hired after January 1", 2010 must be enrolled in the Ontario Firefighter Curriculum and complete all training provided by the municipality to become certified firefighters in Ontario. This is the recognized standard in force in Ontario. In addition to all new members, any member of the department currently serving will be offered the opportunity to enroll and complete certification. Fire Ghief Response to Master Fire Plan Page 3 of 3 Staff Report FD2010-001 regarding Municipality of Bayham's Master Fire Plan. File: P16 Page 181 of 299 Specialty Teams - Agree with MFP - In principle I agree with the MFP, the use of specialty teams may be problematic if the firefighters with the specialized training are not available at an emergency. This was a topic of discussion at a recent officers meeting. Some officers expressed valid concerns about the logistics and the will of all members to complete the specialized training. Bayham currently provides the following specialty responses: a. Tiered Medical Response b. Vehicle Extrication c. Rope Rescue d. Water / lce Rescue e. Agriculture Rescue The Ontario Firefighter Standards and NFPA only recognize three basic levels of response. Awareness, Operation and Technician Levels. Firefighters trained at the awareness level are only trained to recognize a hazard. Firefighters trained at the operations level are generally able to perform defensive operations. Firefighters cannot solve the problem; only prevent it from getting worse. Firefighters trained to the Technician level are trained to recognize, contain and mitigate an emergency situation. With the exception of Hazardous Materials Responses, the training and equipment required to perform the technician level vs. the operations level is negligible. Therefore it is my recommendation that all firefighters be trained to the level of service as stated in the Establishing and Regulating By-law. Furthermore, if individual firefighters can't or does not want complete the training we will discuss it on a case-by-case basis. lt is not my recommendation to remove anyone from service should they not be able to complete the required training for specialty operations. Water Rescue - Agree with MFP - Bayham sits on Lake Erie, has the Otter Creek running through the Municipality from North to South and has numerous irrigation and small ponds. Council has recognized that a water hazard exists in the municipality. The department has been and still is equipped and trained to provide ice and water rescue services. Should Bayham not provide the service, but are aware of the hazard, we must have a formal plan to deal with an emergency in the water (all water, not just Lake Erie) should it occur. As stated earlier, the level of training and equipment that is required to perform shore based water rescue (operations level) and vessel assisted go rescue (technician level) is negligible. Chief Groeneveld provided council with a report dated July 24'n,2006 regarding the costs and liabilities of providing this service in the Municipality of Bayham. The report is very detailed; however there have been numerous updates to the training and equipment available to provide this level of service in Ontario. 5. 6. Fire Ghief Response to Master Fire Plan Page 4 oi 4 Staff Report FD2010-001 regarding Municipality of Bayham's Master Fire Plan. File: P16 Page 182 of 299 The term 'vessel' does not only refer to a boat with a motor in the Ontario Fire College curriculum. A Rapidly Deployed Craft'RDC' is also considered a vessel and is the most common type of 'vessel' used in the fire service today. The Ontario Fire College's lce / Water Rescue course explains that the risk to a rescuer increases depending on the rescue technique implemented. The risk to the rescuer increases is as follows; Talk (lowest risk), Reach, Throw, Row, Go (highest risk). What does this mean? Using a vessel a safer technique for the rescuer than just entering the water and swimming. Nautic$Art Above is a photo of the Polar 75 RDC in action in ice water conditions. I Fire Ghief Response to Master Fire Plan Page 5 of 5 Staff Report FD2010-001 regarding Municipality of Bayham's Master Fire Plan. File: P16 Page 183 of 299 Currently Bayham has some of the required equipment and has trained several members to the water / ice technical rescue level. lf we were to purchase some additional equipment and provide in-house training to the OFC water /ice rescue curriculum the Municipality of Bayham can protect all inland waterways as well as the inner harbour in Port Burwell. I am certified to train instructors for ice / water rescue in the OFC curriculum. I have tentatively secured an OFC water / ice instructor course and Bayham will host it July 23'd - 25th with students from area departments participating, providing council continues to support a technicalwater rescue capability. ESTIMATED COURSE COSTS OFC lnstructor Wages for two (2) instructors = $1200 Mileage for instructors @$0.45/km = $250 Accommodations for OFC lnstructors = $400 Meals for students and instructors = $320 Total Estimated Cost = $2170 Cost per Student = $120 BAYHAM COURSE COSTS 6 Firefighters course fees = ç720 6 Firefighter wages = $1275 6 OFC Applicatio¡s = $400 Total Estimated Bayham Cost = $2400 ESTIMATED EQUIPMENT COSTS 5 rescue dry suits with helmet / gloves / boots = $6000 2 PFD's = $600 8 throw bags = $800 4 long bags = $800 1 RDC Polar 75 = $5000 Total Estimated Equipment Costs = $13200 With the generous support committed from the Port Burwell Firefighters Association ($10000) and current monies in the 2010 operating budget we can purchase the equipment and provide the training this summer. lt is my recommendation that council approve the purchase of the required equipment and that Bayham continue to provide technician level water and ice rescue services. Fire Ghief Response to Master Fire PIan Page 6 of 6 Staff Report FD2010-001 regarding Municipality of Bayham's Master Fire Plan. File: P16 Page 184 of 299 Standard Operating Procedures - Agree with MFP - A standing commíttee is being formed that includes firefighters and officers. They are tasked with reviewing, updating and creating standard operating guidelines on a cyclical basis. Once they are completed they will be presented to the Fire Chief for final approval. Tanker Shuttle Certification - Agree with MFP - Superior Tanker Shuttle Certification may result in lower insurance premiums for homeowners and the municipality. The Superior Tanker Shuttle Certification is accredited to rural fire departments like Bayham that have demonstrated that they are capable of delivering a continuous 760 litres per minute of water for a period of 120 minutes. That is the minimum, and the next mark would be 1500 litres per minute over the same period for credit for commercial ratings. I am in the process of updating and renewing automatic aid and mutual aid agreements with our neighboring municipalities. As part of this process we will evaluate the need for additional tankers and make sure we have the system in place to achieve certification. We will train with the goal of achieving the certification within two (2) years. Homes within 8km of the fire stations have the opportunity for an insurance premium reduction. Property owners must check with their insurance company, some insurance companies do not recognize the superior tanker shuttle certification. Commercial properties within 5 km of any of the fire stations can also apply with their insurance company for a reduction in insurance premiums. 9. Gouncil Oversight - Agree with MFP - The Fire Chief will continue to monitor all types of emergency responses and report to council through the CAO. 10. Fire Prevention Self-lnspection Program - Disagree with MFP - In my opinion a self-inspection program should be used as an education tool in conjunction with increased inspections. lt should not be used as an enforcement tool on its own. lt is my recommendation that we expand our fire prevention program to inspect key occupancies on an annual basis, not just when we receive a complaint or request, as is currently the minimum required in the Fire Prevention and Protection Act, 1997. 7. L Fire Ghief Response to Master Fire Plan Page 7 ol7 Staff Report FD2010-001 regarding Municipality of Bayham's Master Fire Plan. File: P16 Page 185 of 299 As part of the Master Fire Planning process, a simplified risk assessment was completed and it identified our different types of building occupancies and how many of them are in Bayham. lt is recommended that all Groups A, B, D, E and F as well as multi-unit residential be inspected on an annual basis. With the current job responsibilitíes and time commitments that the Fire Chief / By-Enforcement Officer / Community Emergency Management Coordinator has, any additional inspections are not be possible under the current system. NOTE: ln the calendar year 2009, only two (2) inspections were completed. It is my recommendation that the fire department immediately purchase fire service management software. The cost for the software is an upfront fee of approximately $5000 and a yearly support fee of approximately $1 100 I year. The monies for the purchase can be found in the 2010 budget. I propose to use some of the monies in the specialty-training budget to purchase the software. This won't have a negative effect on operations as I can provide training in this area that would have required third party training in the past. The software will allow the Fire Chief to perform additional inspections, track firefighter training, emergency incidents, and inventories as well as firefighter remuneration. Currently all these tasks are done manually in several different formats. With the purchase of the software and continued administrative support additional inspections will be possible. BAYHAM SUMMARY: Occupancv Classification # Of Occunancies Grouo A Assemblv JJ Grouo B Institutional 4 Grouo C Sinsle Familv 201 8 Duplex l3 Triplex 5 Multi-Unit - Other 7 Mobile Homes & Trailers 48 RV's / Trailers - Seasonal 465 Other 18 Grouo DÆ Commercial 135 Grouo F Industrial 37 Totals 2.783 Fire Ghief Response to Master Fire Plan Page 8 of I Staff Report FD2010-001 regarding Municipality of Bayham's Master Fire Plan. File: P16 Page 186 of 299 11. Establishing and Regulating Bylaw - Council adopts and passes an updated E&R Bylaw at a future council meeting. Amendments include: a. New Organizational Structure b. New Mission Statement c. New Department Name - Bayham Fire and Emergency Service d. Defined levels of service e. Updated Job Descriptionsf. Divisions of the Department i. Administration ii. Emergency Operations iii. Prevention and Education iv. Training Fire Ghief Response to Master Fire Plan Page 9 of 9 Staff Report FD2010-001 regarding Municipality of Bayham's Master Fire Plan. File: P16 Page 187 of 299 The Municipality of Bayham By-Law No. 201O-XXX Being A By-law to ESTABLISH A FIRE DEPARTMENT (Short Title "Bayham Fire and Emergency Services E & R") WHEREAS Section 9 of the Municipal Act, S.O. 2001, c.25, as amended, provides that a municipality has the capacity, rights, powers and privileges of a natural person for the purpose of exercising it's authority under the Act; AND WHEREAS Section I of the Municipal Act, S.O. 2001, c.25, as amended provides that powers shall be interpreted so as to confer broad authority on municipalities to: (a) enable municipalities to govern their affairs as they consider appropriate and (b) enhance their ability to respond to municipal issues; AND WHEREAS Part ll, Section 5(0.1) of the Fire Protection and Prevention Act, 1997, S.O. 1997, c.4 as amended, permits the councl to enact a by-law to establish a fire departmenf to provide fire protection and fire prevention services and for participating in an emergency fire services program c.25, s.475 (2); and, AND WHEREAS the Municipality of Bayham has established a fire department commonly known as Bayham Fire Department; AND WHEREAS Section 391 of the Municipal Act, S.O. 2001 , c25, as amended, authorizes a municipality by By-law to impose fees or charges on any class of persons for services or activities provided or done on behalf of the municipality and for the use of the municipality's property, including property under its control; BE lT THEREFORE ENACTED by the Municipal Council of the Municipality of Bayham, as follows: 1. Definitions: Approved Automatic Aid In this by-law, unless the context otherwise requires, the following terms shall have the meanings indicated: Shall mean approved by the Council. Shall mean any agreement under which a municipality agrees to provide an initial response to fires, rescues and emergencies that may occur in part of another municipality where a fire department in the municipality is capable of responding more quickly than any fire department situated in the other municipality; or a municipality agrees to provide a supplemental response Page 1 of 1 APPENDIX A Staff Report FD2010-001 regarding Municipality of Bayham's Master Fire Plan. File: P16 Page 188 of 299 Community Emergency Management Coordinator (cEMc) Chief Administrative Officer Chief Officer Company Municipality Council to fires, rescues and emergencies that may occur in a part of another municipality where a fire department is capable of providing the quickest supplemental response to fires, rescues and emergencies occurring in the part of another municipality. Shall mean the Community Emergency Management Coordinator responsible for the coordination of persons and systems respecting emergency management planning activities including the maintenance of and training for prevention, mitigation, preparedness, response and recovery plans in order to reduce the impact on the community in the case of a major emergency, in accordance with the Emergency Management Act, 2003. Shall mean the person appointed by council to act as chief administrative officer for the corporation. Shall mean a general term which may refer to the Fire Chief, Director of Emergency Servrces, Deputy Fire Chie(s) or any qualified person as delegated by the Fire Chief and Director of Emergency Services to act as chief officer respecting matters of command and control of any emergency operation or situation, as required. Shall mean a complement of firefighting personnel operating one or more pieces of apparatus under the supervision of an officer. Shall mean the Municipality of Bayham. Shall mean the Council of the Municipality of Bayham. Page 2 of 2 APPENDIX A Staff Report FD2010-001 regarding Municipality of Bayham's Master Fire Plan. File: P16 Page 189 of 299 Deputy Fire Chief, Alternate CEMC Emergency Sysfem Fee or Fees for Seruice Fire Chief, (cEMc) Fire Department Shall mean the person or persons appointed by council to act on behalf of the Fire Chief of the fire department in the case of an absence or a vacancy in the office of Fire Chief and who is qualified to act as CEMC in the case of an absence or a vacancy in the office of the CEMC. Shall mean a sprinkler system, standpipe system, fire extinguishing system, smoke control system, emergency power system, fire pump system, voice communication system or any other device monitored through a fire alarm system. Shall mean in relation to this by-law and any other by- law pertaining to fire protection services, as amended from time to time or any successor by-law thereto, means any fee imposed for services and billed pursuant to the above as approved by Council. Shall mean the person appointed by by-law and such Fire Chief shall be the senior administrator and general manager of the fire department, and for the purposes of the FPPA shall be the Fire Chief and Chief Fire Official of the Municipality whose duty it shall be to perform all statutory functions of the Fire Chief and Chief Fire Official, and shall perform such other duties as prescribed by Council and is also responsible for the coordination, administration and maintenance of the Bayham Emergency Management Program. The Fire Chief shall report to councl as required by the Ftre Protection and Prevention Act, 1997 and in accordance with the provisions established by the Emergency Management Act, 2003. The Fire Chief shall be responsible for all duties and responsibilities relegated by the FPPA and EMA. Shall mean the fire department of the Municipality of Bayham also known as the Bayham Fire and Emergency Services and shall include the Fire Chief, the Deputy Chief(s), District Chief(s), Division Chiefs, Fire Captain(s) and all firefighters appointed by the council. Shall mean the Fire Chief and any other personFirefighter Page 3 of 3 APPENDIX A Staff Report FD2010-001 regarding Municipality of Bayham's Master Fire Plan. File: P16 Page 190 of 299 Fire Protection and Prevention Act, 1997 (FPPA) Fire Protection Seryrces Full-time Firefighter Malicious Act Member Motor Vehicle Mutual Aid Non-resident employed in, or appointed to the fire departmenf and assigned to undertake fire protection seruices, and includes a volunteer firefighter. Shall mean the Fire Protection and Prevention Act 1997, S.O. c.4, as amended and any Regulation made under it. Shall mean those services provided within the divisions of fire suppression, fire prevention, fire safety education, communication, training of persons involved in the provision of fire protection services, rescue and emergency seryices and the delivery of all those services. Shall mean a person regularly employed in the fire department on a full-time salaried basis and assigned exclusively to fire protection services. Shall mean a wrong act done intentionally by any person without just cause or excuse. Shall mean a full-time firefighter, volunteer firefighter and officer of Bayham Fire and Emergency Services, but excludes the Fire Chief, Deputy Fire Chief, and any other administrative staff assigned to the fire department. Shall mean the same as prescribed in the Highway Traffic Acf R.S.O. 1990 c. H.8, as amended. Shall mean a program to provide or receive assistance in the case of a major emergency in a municipality, Shall mean a person who is neither a property owner nor a tenant of property within the Municipality of Bayham. Shall mean the activation of a fire alarm system throughNuisance False Page 4 of 4 APPENDIX A Staff Report FD2010-001 regarding Municipality of Bayham's Master Fire Plan. File: P16 Page 191 of 299 Alarm Officer Owner Platoon Property Rescue and Emergency Seryices Volunteer Fire Fighter a mechanical failure, equipment malfunction, improper installation of the system, or failure to maintain the system as prescribed by the Fire Code being O.Reg. 388/97, as amended, but does not include the activation of a fire alarm system where the activation occurred as a result of the accidental damage to the system. Shall mean the Fire Chief, Deputy Fire Chief(s), District Chief(s), Fire Captain(s) and any other such person as may be designated an officer from time to time by the Fire Chief. Shall mean any person, firm or corporation having control over any portion of a building yard or other property under construction and includes persons of that building, yard or property as prescribed by O. Reg. 388/97, as amended (The Ontario Fire Code). Shall mean two companies of personnel operating two or more pieces of apparatus under the supervision of a Chief Officer. Shall mean any public or private real property within the Municipality of Bayham including buildings, structures, and erections of any nature and kind in or upon such lands, but excludes real property owned by the Federal or Provincial Crown. Shall mean any life or property saving activity that is unrelated to fire suppression and fire prevention but include emergency medical services, hazardous materials response and specialized rescues including vehicle extrication, technical rope rescue, high / low angle rescue, confined space rescue, water & ice rescue, trench rescue, specialized electrical rescue and elevator rescue and any other rescue or activity approved by council and specified in Appendix C of this By-law. Shall mean a firefighter who provides fire protection seryices either voluntarily or for a nominal consideration, honorarium, training or activity allowance. Page 5 of 5 APPENDIX A Staff Report FD2010-001 regarding Municipality of Bayham's Master Fire Plan. File: P16 Page 192 of 299 2. Establishment 3. Composition Approved Organizational Chaft 4. Fire Chief Responsrbilities and Authority a) The fire depañmenf for the Municipality of Bayham and commonly known as Bayham Fire and Emergency Services is hereby established under the direction of the Fire Chief to provide fire protection seruices and such other approved rescue and emergency seruices for the Municipality of Bayham in accordance with Part ll, Sections 2. (1), (2) & (3) if the FPPA, as outlined in the Public Fire Safety Guideline, PFSG 04-12-13, SCHEDULE 'A' of this By-Law. The fire departmenf shall be structured in conformance with the approved Organizational Chart, SCHEDULE 'B', forming part of this By-law. The fire depat'tment shall consist of a Fire Chief who is the head of the fire departmenf as appointed by counciland such numbers of Deputy Fire Chiefs, District Chiefs, Division Chiefs, Fire Captains, Fire Fighters and clerical staff as may be authourized or considered necessary from time to time by the Council, in order for the Fire Department to perform fire protection seruices, rescue and emergency seryrbes for the municipality in an efficient and effective manner. Further, the provision of fire protection seryrbes and other rescue and emergency services to any municipality outside of the territorial jurisdiction of the Municipality of Bayham is permissible through Automatic Aid, Mutual Ard, this By-law or any other agreement between said municipality and the Municipality of Bayham. The Fire Chief shall be the head of the Fire Depaftment and shall report to the councilas required by the FPPA, through the Chief Administrative Officer and be responsible for the proper administration and efficient and effective operation of the fire departmenf including the delivery of approved Programs and Services and is generally responsible for the following operational matters: 1) For the care and protection of all property belonging to the fire depañment; 2) For arranging the provision of necessary and proper facilities, apparatus, equipment and supplies for the fire deparfment; Page 6 of 6 APPENDIX A Staff Report FD2010-001 regarding Municipality of Bayham's Master Fire Plan. File: P16 Page 193 of 299 3)For determining and establishing in conjunction with the CouncrT through the Chief Administrative Officer, the qualifications and criteria for employment or appointment and the duties of all officers, firefighters and administrative staff of the fire department; For the conduct and discipline ranging from reprimand to dismissal of any office,r, member or administrative services staff person of the Fire Depañment; For preparing, or upon approval by the council, coordinating, implementing and maintaining a Master Fire Services Plan and program for the municipality, and any other such similar plans required by the Fire Protection and Prevention Act, and any other such Act or Regulation as may be proclaimed by the Government of Ontario and the Government of Canada; For assisting with any other public official in an emergency declared by the Head of Council, the Premiere of Ontario, or the Prime minister of Canada; For reporting to the appropriate crown attorney, or other prosecutor, or law enforcement or other officer the facts upon the evidence in any case in which there is reason to believe that a fire has been the result of criminal intent or negligence or in which there is reason to believe an offence has been committed under the Fire Protection and Prevention Act, 1997; For keeping an accurate record, in convenient form for reference, of all fires, inspections, rescues and other emergencies responded to by the Fire Department in a manner consistent with the applicable records management policies of the Municipality of Bayham ; For keeping such other records as may be required by the council; 4) 5) 6) 7) 8) e) PageT of 7 APPENDIX A Staff Report FD2010-001 regarding Municipality of Bayham's Master Fire Plan. File: P16 Page 194 of 299 b) 10)For preparing and presenting periodic reports to the Council through the Chief Administrative Officer as requested and any other specific reports requested by the Council; and, 11)For preparing and presenting the annual business plan and estimates of the Fire Department to the Council through the Treasurer and for exercising control over the budget approved by the Councilfor the Fire Department. The Fire Chief shall further take all proper measures for the prevention, control and extinguishment of fires and the protection of life and property and the management of emergencies within the territorial jurisdiction of the municipality provided that such general orders, policies, procedures, rules, regulations and other measures do not conflict with the provisions of this By-law or any other By-law of the municipality, and shall exercise all powers mandated by the Fire Protection and Prevention Act, and without restricting the generality of the foregoing shall be empowered to authorize: 1) pulling down or demolishing any building or structure to prevent the spread of fire, and 2) all necessary actions which may include boarding up or barricading of buildings or property to guard against fire or other danger, risk or accident, when unable to contact the property owner, and 3) recovery of expenses incurred by such necessary actions for the corporation in the manner provided through the Municipal Act and the Fire Protection and Prevention Act. Page I of 8 APPENDIX A Staff Report FD2010-001 regarding Municipality of Bayham's Master Fire Plan. File: P16 Page 195 of 299 c)The Fire Chief shall be responsible for the enforcement of this By-law and the development and enforcement of all general orders, policies, standard operating guidelines, procedures, and rules and regulations established under this By-law and for the enforcement of any other by-laws of the corporation respecting the administration and operation of the Fire Department, and shall review periodically such laws and may, for this purpose, establish advisory committees consisting of officers and other persons (including members of the general public) as the Fire Chief and Director of Emergency Seryices may determine necessary from time to time to assist him in the discharge of this duty. The Fire Chref shall periodically review, revise or terminate, as required general orders, policies, procedures and rules of the fire department. ln the case of by-laws, including this By-law, recommend to the Council through the Chief Administrative Officer, such amendments, as the Fire Chref considers appropriate. The Fire Chief shall have all powers, rights and duties assigned to a Fire Chief under the Fire Protection and Prevention Act, 1997, including without limitation the authority to enforce compliance with the Fire Code made under this Acf. The Fire Chief shall provide liaison with any association or union representing members of the Fire Deparlment. The Fire Chief shall provide liaison with the Office of the Fire Marshal of Ontario and any other office or organization as required by the councilor as considered necessary or advisable by the Fire Chief for the proper administration and efficient operation of the Fire Department and the effective management of fire protection services for the corporation. The Fire Chief may utilize such officers, members and administrative staff of the Fire Department as the Fire Chief and Director of Emergency Seryrces may determine, from time to time, to assist in the performance of his duties. d) e) s) h) ) Page 9 of 9 APPENDIX A Staff Report FD2010-001 regarding Municipality of Bayham's Master Fire Plan. File: P16 Page 196 of 299 i)Where Fire Chief designates a member to act in the place of himself or another officer in the fire department, such member, when so acting, has all of the powers and shall perform all duties of the officer replaced. The fire departmenf shall not respond to a call with respect to a fire or emergency outside the limits of the municipality except with respect to a fire or emergency: a) that, in the opinion of the Fire Chief or designate of the fire departmenf, threatens property in the municipality or property situated outside the municipality that is owned or occupied by the municipality, b) in a municipality with which an approved agreement has been entered into to provide fire protection seryices which may include automatic aid, c) on property with which an approved agreement has been entered into with any person or corporation to provide fire protection seruices, d) at the discretion of the Fire Chief, to a municipality authorized to participate in any county, district or regional mutual aid plan established by a fire coordinator appointed by the fire marshal or any other similar reciprocal plan or program, e) on property beyond the municipal boundary where the Fire Chief or designate determines immediate action is necessary to preserve life or property and the appropriate department is notified to respond and assume command or establish alternative measures, acceptable to the fire chief or his designate. ln addition to the Fire Chief, the Council may appoint a Deputy Fire Chief. The Deputy Fire Chief shall be the second ranking officer of the Fire Depañment and shall be subject to and shall obey all orders of the Fire Chief and shall perform such duties as are assigned by the Fire Chief, and shall, when the Fire Chief is not available, have the powers and perform the duties of the Fire Chief. 5. Authority to leave municipal limits 6. Deputy Fire Chief Page 10 of 10 APPENDIX A Staff Report FD2010-001 regarding Municipality of Bayham's Master Fire Plan. File: P16 Page 197 of 299 7. Divisional responsibilities designated by chief 8. Superuision of Personnel 9. Eligibility for Employment Each division of the fire depaftmenf is the responsibility of the Fire Chief and is under the direction of the Fire Chief or a member designated by the Fire Chief. Designated members shall report to the fire chief on divisions and activities under their supervision and shall carry out all orders of the Fire Chief. The officers, members and other administrative services staff personnel of the Fire Department while on duty shall be under the direction and control of the Fire Chief or the next ranking officer. Every applicant and every probationary member of the Fire Department shall: a) Be at least 18 years of age; b) Complete and successfully pass written, verbal and physical examination suitable to the Fire Chief; c) be in good health, physically fit, acquire a medical certificate of good health from a medical practitioner, prior to commencement of employment; d) once employed, possess and demonstrate to the satisfaction of the Fire Chief the ability to safely endure the physical demands typically required for structural firefighting, including such psychomotor skills used for lifting, climbing, dragging, carrying, pulling and crawling in unfavourable conditions in any meteorological environment; e) within one year of the date of hire possess at a minimum an Ontario Class DZ, driver's permit and continually maintain the same; f) work and reside within such reasonable proximity to the fire department in order to respond to the fire station when called so as to efficiently and effectively attend emergent and non-emergent alarms in such a timely fashion, suitable to the satisfaction of the Fíre Chief and able to maintain the minimum attendance levels as required by general orders, policies, standard operating guidelines, procedures, rules and regulations made under this By-law; Page 11 of 11 APPENDIX A Staff Report FD2010-001 regarding Municipality of Bayham's Master Fire Plan. File: P16 Page 198 of 299 10. Probationary Period for New Employees 11. Dismissal - Probationary Employees 12. Appointment of Member 13. General Duties and Responsiöilities and Depa¡tment Mission Statement 14. Remuneration, Terms and Conditions of Employment g) provide proof through certified instrument acceptable to the Fire Chief a record free of any and all conviction for an offence or offences under the Criminal code of Canada and once employed maintain same or be subject to dismissal. Persons hired as probationary firefighters to the Fire Departmenf shall be on probation for a period of 12 months, during which period they shall take such special training and examination, as may be required by the Fire Chief. lf a probationary member employed in, or appointed to, fire protection services fails any such training and examinations or his or her prescribed duties, the Fire Chief may dismiss said member pursuant to corporate policy and procedure. Following the successful completion of the probation term, lhe Fire Chief may recommend to the Council through the Chief Administrative Officer. The appointment of the qualified person, as a member of the Fire Depaftment, subject to the hiring policies of the Municipality of Bayham. Members shall conduct themselves in accordance with rules and regulations of the Fire Department, established by SCHEDULE 'C' of this By-law and shall give their whole and undivided attention, while on duty, to the efficient operation of the Fire Department and shall diligently and faithfully perform the duties assigned to them to the best of their ability. Working conditions, remuneration and other terms of conditions of employment or appointment of the Ffte Chief, Deputy Fire Chief, officers, Fire Fighters and auxiliary members shall be determined by the council as outlined in SCHEDULE'D'. Page72 of 12 APPENDIX A Staff Report FD2010-001 regarding Municipality of Bayham's Master Fire Plan. File: P16 Page 199 of 299 15. Discipline and Suspension of members 16. Written Repoft to Council 17. Termination procedures 18. Cost Recovery 19. General 20. Repealed 21. Schedules The Fire Chief may reprimand, suspend or recommend dismissal of any member for insubordination, inefficiency, misconduct, tardiness or for noncompliance with any of the provisions of this by-law or general orders, policies, standard operating guidelines, procedures, departmental rules or regulations that, in the opinion of the fire chief, would be detrimental to discipline or the efficiency of the fire department. Following the suspension of a member, the Fire Chief shall immediately report, in writing, the suspension and recommendation to the Council through the Chief Adm i n i strative Offi ce r. The procedures for termination of employment prescribed in the corporation's personnel Policy shall apply to all firefighters. Additional Expenses: lf as a result of a Fire and Emergency Services (i) response to an emergency including a motor vehicle incident, or (ii) carry out any of its duties or functions the Fire Chief or Deputy Fire Chief determines that it is necessary to incur additional expenses, retain a private contractor, rent special equipment not normally carried on a fire apparatus or use more materials than are carried on a fire apparatus (the "Additional Services") in order to suppress or extinguish a fire, preserve property, prevent a fire from spreading, control and eliminate an emergency, catry out or prevent damage to equipment owned by the Corporation or otherwise carry out the duties and functions of the Fire Department, the owner of the property requiring or causing the need for the Additional Services shall be charged the costs to provide the Additional Services including all applicable taxes. Property shall mean personal and real property. This by-law comes into effect the day it is passed by the Council, in the manner appropriate to the municipality. By-law 2007-044 is repealed on the date this By-law is passed by the Council. Schedules A, B, C & D are deemed to be an integral part of this By-law. Page 13 of 13 APPENDIX A Staff Report FD2010-001 regarding Municipality of Bayham's Master Fire Plan. File: P16 Page 200 of 299 Staff Report FD2010-001 regarding Municipality of Bayham's Master Fire Plan. File: P16 Page 201 of 299 SCHEDULE 'A' - APPROVED DELIVERY OF CORE SERV¡CES YES Service approved by Council - Presently trained, equipped, and providinq service I Service not approved by Council FLS Service approved by Council - Department not offering service until traininq is completed To provide a summary of the core services that The Bayham Fire Basic Firefighting - no expected rescue component Structural Firefighting - lncluding Rescue Vehicle Firefighting Wildland Firefighting Marine Firefighting - Shore Based Automatic / MutualAid - Per CouncilApproval Tiered Medical Response - Per Agreement between Thames EMS. London CACC and Hazardous Materials Response - Awareness Level Hazardous Materials Response - Operations Level Hazardous Materials Response - Technician Level Vehicle Accidents including Extrication Transportation lncidents including Aircraft, Trains and Watercraft Water and lce Rescue - Awareness Level Water and lce Rescue - Operations Level (Shore Base) Water and lce Rescue - Technician Level (Water Entry) Other Public Assistance Ambulance Assistance Police Assistance Public Utilities Assistance Urban Search and Rescue Rope Rescue - Awareness Level Rope Rescue - Operations Level Rope Rescue - Technician Level Confined Space Rescue lFarm and Silo Rescue Page 15 of 15 APPENDIX A Staff Report FD2010-001 regarding Municipality of Bayham's Master Fire Plan. File: P16 Page 202 of 299 Fire Prevention and Education: Complete lnspection on Complaint or Request Complete Routine lnspections lssue / Revoke Burn Permits Prepare Reports and Written Responses to lnspections Develop, Deliver and Maintain a Smoke Alarm Program Provide Public Education Programs Provide Media Releases and Media Access Liaise with Municipal Departments to Ensure Code Compliance Develop, Deliver and Maintain Educational Programs Unique to the Needs of the Municioalitv of Develop and Maintain a Residential Home lnspection Program Determine Fire Cause and Origin for all Fires Determine Fire Code Compliance Determine Fire Suppression Effectiveness Liaison with Ontario Fire Marshal lnvestigators Liaison with Law Enforcement and Other Agencies Support Criminal Prosecutions Prepare for and Testify in Legal Proceedings Page 1.6 of 16 APPENDIX A Staff Report FD2010-001 regarding Municipality of Bayham's Master Fire Plan. File: P16 Page 203 of 299 Page77 of 17 APPENDIX A S t a f f R e p o r t F D 2 0 1 0 - 0 0 1 r e g a r d i n g M u n i c i p a l i t y o f B a y h a m ' s M a s t e r F i r e P l a n . F i l e : P 1 6 P a g e 2 0 4 o f 2 9 9 SCHEDULE T6C'' TO BY-LAW #2010-XXX JOB DESCRIPTIONS AND MISSION STATEMENT C-1 Fire Ghief C-2 Deputy Fire Chief C-3 District Chief C-4 Gaptain C-5 Ghief Prevention Officer C-6 Chief Training Officer C-7 Fire Fighter C-8 Auxiliary Fire Fighter C-9 Mission Statement Page '18 of 18 APPENDIX A Staff Report FD2010-001 regarding Municipality of Bayham's Master Fire Plan. File: P16 Page 205 of 299 SGHEDULE .,C-1" MUNICIPALITY OF BAYHAM Job Description FIRE CHIEF GENERAL STATEMENT OF DUTIES: The Fire Chief reports directly to the Administrator. This is a supervisory position involving responsibility for performing and directing work at the strategic level at an emergency scene or around the fire station. The Fire Chief carries out all duties required as the Chief Fire Official and as an Assistant to the Fire Marshal as described in the Fire Prevention and Protection Act, 1997. The work is done in accordance with established policies and requires the exercise of good judgment in emergency situations. The Fire Chief has responsible charge for the overall operation of the department including fire fighting, fire prevention, hazardous materials incidents, auto extrication incidents, rescue, all life and property saving functions with which the department may be involved, purchasing, maintenance and budgeting. His/her work is administrative and supervisory oriented. The Fire Chief's hours of work are outlined in the Municipality of Bayham's non-union personel policy EXAMPLES OF WORK - MAJOR: o Preparation, with the assistance of Deputy Fire Chief and District Chiefs, presentation and administration, of the fire department budget o Plans, co-ordinates and directs the fire fighting, fire prevention, rescue and life and property saving functions. Reports to and assumes command at major incidents. Supervises the fire prevention activities. Supervises the training programs and assists in the development of these programs o Maintains discipline and morale of the Deputy and Station Chiefs o Purchases all major equipment and ensures the maintenance of same in accordance with municipal purchasing policy o Attends conferences and seminars to keep abreast of changes in equipment and methods of operation to ensure that the department will maintain, and where possible, improve the level of service in the municipality. Confers with the Administrator to ensure that the activities of the department are consistent with the goals and objectives of the municipality as established by Councilo Meets regularly with the Deputy and Station Chiefs and other officers to ensure that they are following the procedures and goals of the department Page 19 of 19 APPENDIX A Staff Report FD2010-001 regarding Municipality of Bayham's Master Fire Plan. File: P16 Page 206 of 299 SCHEDULE "C-1" cont'd . Supervises the performance appraisal program and conducts regular appraisals of those under his direct supervisiono Recommends to the Administrator the hiring of personnel as required to maintain the manning level as established by Council EXAMPLES OF WORK - MINOR: As required, the Fire Chief will:. Comment on site plans, re-zonings, subdivision agreements and new buildingso Attend department head meetingso Attend area Fire Chiefs' meetingso Attend committee and council meetings as required o Participate in the public relations programs by speaking to groups and organizations. Comments to the municipal administrator on present and proposed Council and staff policies. Supervises the activities of the Fire Department Health & Safety Committee REQUIRED KNOWLEDGE, SKILL AND ABILITIES: . Advanced knowledge of modern fire fighting and fire prevention methodso Advanced knowledge of the municípality and surrounding areas protected by agreemento Advanced knowledge of the type of buildings in the municipalityo Advanced knowledge of rescue and first aid procedures . Advanced knowledge of safety procedures, rules and equipment. Must have demonstrated ability to supervise fire fighters, maintain discipline, have sound judgment, be resourceful and in good physical condition EXPERIENCE AND TRAINING : Recommend at least five (5) years satisfactory experience as an officer and have received additional training at the Ontario Fire College, regional fire schools or educational seminars. Page 20 of 20 APPENDIX A Staff Report FD2010-001 regarding Municipality of Bayham's Master Fire Plan. File: P16 Page 207 of 299 SCHEDULE "C.2" MUNICIPALIW OF BAYHAM Job Description DEPUTY FIRE CHIEF GENERAL STATEMENT OF DUTIES: The Deputy Fire Chief reports directly to the Fire Chief. This is a supervisory position involving responsibility for performing and directing work at the strategic level at an emergency scene or around the fire station. The work is done in accordance with established policies and requires the exercise of good judgment in emergency situations. The Deputy Fire Chief has will be the management representative on the departments Joint Health and Safety Committee. ln the absence of the Fire Chief, the Deputy Fire Chief has all the authority of the Fire Chief. The Deputy Fire Chief will ensure that the following records are kept up to date and accurate:. Training Records. Equipment lnspection Logs. Rope Logs. PPE lnspection Logs EXAMPLES OF WORK - MAJOR: o Assist the Fire Chíef with budget preparations o Plans, co-ordinates and directs the fire fighting, fire prevention, rescue and life and property saving functions. Reports to and assumes command at major incidents. Supervises the fire prevention activities. Supervises the training programs and assists in the development of these programs o Maintains discipline and morale of the Station Chiefso Attends conferences and seminars to keep abreast of changes in equipment and methods of operation to ensure that the department will maintain, and where possible, improve the level of service in the municipality. Confers with the Fire Chief to ensure that the activities of the department are consistent with the goals and objectives of the municipality as established by Council. Meets regularly with the Fire Chief and Station Chiefs and other officers to ensure that they are following the procedures and goals of the department. Supervises the performance appraisal program and conducts regular appraisals of those under his direct supervision. Recommends to the Fire Chief the hiring and promotion of personnel as required to maintain the manning level as established by Council Page21 of 21 APPENDIX A Staff Report FD2010-001 regarding Municipality of Bayham's Master Fire Plan. File: P16 Page 208 of 299 SCHEDULE "C-2" cont'd EXAMPLES OF WORK - MINOR: As required, the Deputy Fire Chief will: . Comment on site plans, re-zonings, subdivision agreements and new buildingso Attend area Fire Chiefs' meetings. Participate in the public relations programs by speaking to groups and organizations. Supervises the activities of the Fire Department Health & Safety Committee and report all recommendations to the Fire Chief REQU¡RED KNOWLEDGE, SKILL AND ABILITIES: o Advanced knowledge of modern fire fighting and fire prevention methodso Advanced knowledge of the municipality and surrounding areas protected by agreemento Advanced knowledge of the type of buildings in the municipality o Advanced knowledge of rescue and first aid procedures o Advanced knowledge of safety procedures, rules and equipmento Must have demonstrated ability to supervise fire fighters, maintain discipline, have sound judgment, be resourceful and in good physical condition EXPERIENCE AND TRAINING : Recommend at least five (5) years satisfactory experience as an officer and have received additional training at the Ontario Fire College, regionalfire schools or educational seminars. Page22 of 22 APPENDIX A Staff Report FD2010-001 regarding Municipality of Bayham's Master Fire Plan. File: P16 Page 209 of 299 SCHEDULE "C.3'' MUNICIPALITY OF BAYHAM Job description DISTRICT CHIEF GENERAL STATEMENT OF DUTIES: The District Chief reports directly to the Deputy Fire Chief and is in charge of fire fighting and training in a supervisory role under the overall direction of the Fire Chief. DISTINGUISHING FEATURES OF THE RANK: This is supervisory work involving responsibility for performing and directing work at the strategic or tactical level at an emergency scene or around the fire station. The work is done in accordance with established policies and requires the exercise of good judgment in emergency situations. This person is also responsible to oversee the training and is to maintain discipline within the fire station ranks. The above work is performed under the direction of the Deputy Fire Chief and all policy matters are referred to the Deputy Fire Chief. The District Chief has a high degree of responsibility for the protection of lives and property and is responsible to ensure allwork is carried out in a safe manner. EXAMPLES OF WORK: Responds to all alarms of emergency and assumes command of the scene until relieved by the Deputy Fire Chief or Fire Chief. Supervises the fire ground to ensure that the officers and fire fighters operate in a safe manner consistent with established procedures and accepted fire fighting methods Determines causes of fires in conjunction with other officers and ensures that the necessary forms are completed Advises the Deputy Fire Chief of any changes in procedures or methods necessary to maintain or increase the fire fighting efficiency Advises the Deputy Fire Chief of any repairs necessary to maintain the vehicles, equipment and stations Maintains discipline and morale of the volunteers in the fire fighting ranks Maintains a performance appraisal system, conducts regular reviews of all staff and recommends personnel for promotion Ensures that the station is maintained and kept in good repair Any other duties as assigned by Deputy Fire Chief or Fire Chief a a Page 23 of 23 APPENDIX A Staff Report FD2010-001 regarding Municipality of Bayham's Master Fire Plan. File: P16 Page 210 of 299 SCHEDULE "C-3" cont'd REQUIRED KNOWLEDGE, SKILL AND ABILITIES: . Good knowledge of modern fire fighting and fire prevention methods. Good knowledge of the municipality and surrounding areas protected by agreement. Good knowledge of the type of buildings in the municipality. Good knowledge of rescue and first aid procedures. Good knowledge of safety procedures, rules and equipmento Must have the ability to supervise fire fighters, maintain discipline, have sound judgment, be resourceful and in good physical condition ATTENDANCE: The District Chief must atten d 70o/o of training sessions and meetings. EXPERIENCE AND TRAINING : Recommend at least five (5) years satisfactory experience as an officer and have received additional training at the Ontario Fire College, regionalfire schools or educational seminars. WORKING CONDITIONS: The District Chief will be expected to respond and work in all types of weather and less than ideal conditions. He/she could have to enter hazardous atmospheres and areas and will be expected to work in a safe manner. Page 24 of 24 APPENDIX A Staff Report FD2010-001 regarding Municipality of Bayham's Master Fire Plan. File: P16 Page 211 of 299 SGHEDULE. "C4" MUNICIPALITY OF BAYHAM Job Description CAPTAIN GENERAL STATEMENT OF DUTIES: The Captain reports to the District Chief and has responsible charge of three firefighters. DISTINGUISHING FEATURES OF THE RANK: This is supervisory work involving responsibility for performing and directing work at the task level at an emergency scene or around the fire station. The work is done in accordance with established policies and requires the exercise of good judgment in emergency situations. The Captain responds to emergency calls assigned to his/her company, will act as a sector officer and may assume command until relieved by a senior officer. EXAMPLES OF WORK: o Responds to alarms assigned to his/her station. Operates as a sector officer at the task level in the IMS system. Assigns personnel to lay out and connect hose lines and nozzles, turn water on and otf, direct hose streams, raise ladders, ventilate buildings, perform salvage, perform rescue operations, stabilize hazardous materials scenes and any other life and property saving functions which the station may be involved in, within one's own capabilities. lnspects the fire scene to prevent re-ignition. Supervises the cleaning, checking and replacement of tools and equipment after an emergency. Supervises the work of the fire fighters to ensure that it is done safely and in accordance with established procedures o lnspects equipment, grounds and station to insure proper order and conditions. Reports deficiencies to the District Chiefo Maintains disciplineo Trains and drills fire fighterso Provides a record of training activities to the Station Chief. Meets on a regular basis with the Fire Chief, Deputy Chief and Station Chief to discuss the overall operation of the station. Any other duties as assigned by District Chief Page 25 of 25 APPENDIX A Staff Report FD2010-001 regarding Municipality of Bayham's Master Fire Plan. File: P16 Page 212 of 299 SCHEDULE "C4" cont'd REQUIRED KNOWLEDGE, SKILL AND ABILITIES: o Good knowledge of modern fire fighting and fire prevention methods. Good knowledge of the municipality and surrounding areas protected by agreemento Good knowledge of the type of buildings in his/her assigned area . Good knowledge of rescue and first aid procedures . Good knowledge of safety procedures, rules and equipmento Must have the ability to supervise fire fighters, maintain discipline, have sound judgment, be resourceful and in good physical condition ACCEPTABLE TRAINING: Must participate in at least 70% of the required annualtraining. EXPERIENCE AND TRAINING : Recommend five (5) years satisfactory experience as a fire fighter and have received additionaltraining at regional fire schools or educational seminars. WORKING CONDITIONS: The Captain will be expected to respond and work in all types of weather and less than ideal conditions. He/she could have to enter hazardous atmospheres and areas and will be expected to work in a safe manner. Page 26 of 26 APPENDIX A Staff Report FD2010-001 regarding Municipality of Bayham's Master Fire Plan. File: P16 Page 213 of 299 SCHEDULE "C.5'' MUNICIPALITY OF BAYHAM Job Description FIRE PREVENTION OFFICER GENERAL STATEMENT OF DUTIES: The Fire Prevention officer is in charge of the fire prevention division under the direction of the Deputy Fire Chief and reports to the Fire Chief monthly. DISTINGUISHING FEATURES OF THE RANK: The rank holds the responsibility for coordinating and directing the activities of the fire prevention and education division of the department. This person is also responsible for providing fire prevention training to other members of the station. The above work is performed under the direction of the Deputy Fire Chief and all policy matters are referred to the Deputy Fire Chief. This position has a high degree of responsibility for the prevention of loss of lives and property in the municipality. EXAMPLES OF WORK: Assists the Fire Ghief to:. Conduct fire prevention inspections of premises . Enforce fire prevention by-laws in consultation with the Fire Chief. Examine building pfanso Make presentations to the public on fire prevention and education o Develop and implement an in-service fire prevention inspection programo Receive, process and follow up reports of fire prevention inspections conducted by fire fighting companies Also to perform the following:. Comment on site plans, re-zonings, subdivision agreements and new buildings as requested. Determine causes of fires in conjunction with other officers and ensures that the necessary forms are completedo Advise the Deputy Fire Chief of any changes in procedures or methods necessary to maintain or improve the fire prevention programs of the departmento Meet regularly with the officers and Fire Chief to assist in developing and maintaining a progressive and efficient training program o Any other duties as assigned by the Deputy Fire Chief Page 27 of 27 APPENDIX A Staff Report FD2010-001 regarding Municipality of Bayham's Master Fire Plan. File: P16 Page 214 of 299 SCHEDULE "C-5" cont'd REQUIRED KNOWLEDGE, SKILL AND ABILITIES: . Good knowledge of modern fire fighting and fire prevention methods o Good knowledge of the municipality and surrounding areas protected by agreement. Good knowledge of the type of buildings in the municipality ACCEPTABLE TRAINING: Must participate in at least 7Oo/o of the required annual training. EXPERIENCE AND TRAINING : Recommend having at least five (5) years satisfactory experience as a fire fighter and have received additional training at the Ontario Fire College, regional fire schools or educational seminars. Page 28 of 28 APPENDIX A Staff Report FD2010-001 regarding Municipality of Bayham's Master Fire Plan. File: P16 Page 215 of 299 SCHEDULE "C.6'' MUNICIPALITY OF BAYHAM Job Description TRAINING OFFICER GENERAL STATEMENT OF DUTIES: The Training Officer is in charge of the fire training division under the direction of the Deputy Fire Chief and will report to the Fire Chief on training activities monthly to ensure quality training is being performed. DISTINGUISHING FEATURES OF THE RANK: This rank holds the responsibility for coordinating and directing the activities of the fire training division and all trainer facilitators in the department. The above work is performed under the direction of the Deputy Fire Chief and all policy matters are referred to the Deputy Fire Chief. This position has a high degree of responsibility for the training of fire department members. EXAMPLES OF WORK: o Meets regularly with the officers and Station Chief to assist in developing and maintaining a progressive and efficient training programo Develops and implements an in-service fire training program o Receives, processes and follows up reports of fire training activities conducted by fire fighting stationso Advises the Deputy Fire Chief of any changes in procedures or methods necessary to maintain or improve the fire training programs of the station. Attends all major emergencieso Attends all post-emergency evaluations. lnvolved in all major pre-emergency planning o Any other duties as assigned by Deputy Fire Chief REQUIRED KNOWLEDGE, SKILL AND ABILITIES: o Must have a sound basis in the principles of training and education o Good knowledge of modern fire fighting and fire prevention methods . Good knowledge of the municipality and surrounding areas protected by agreement. Good knowledge of the type of buildings in the municipality . Good knowledge of rescue and first aid procedures Page 29 of 29 APPENDIX A Staff Report FD2010-001 regarding Municipality of Bayham's Master Fire Plan. File: P16 Page 216 of 299 SCHEDULE "C-6" cont'd . Good knowledge of safety procedures, rules and equipmento Must have the ability to supervise fire fighters, maintain discipline, have sound judgment, be resourceful and in good physical condition ACCEPTABLE TRAINING: Must participate in at least 70o/o of the required annual training. EXPERIENCE AND TRAINING: Recommended at least five (5) years satisfactory experience as an officer and have received additional training at the Ontario Fire College, regional fire schools or educational seminars. WORKING CONDITIONS: The training officer will be expected to respond and work in all types of weather and less than ideal conditions. He/she could have to enter hazardous atmospheres and areas and will be expected to work in a safe manner. Page 30 of 30 APPENDIX A Staff Report FD2010-001 regarding Municipality of Bayham's Master Fire Plan. File: P16 Page 217 of 299 SCHEDULE ''C.7" MUNICIPALITY OF BAYHAM Job Description FIRE FIGHTER GENERAL STATEMENT OF DUTIES: Performs fire fighting duties and other related work as required, Fire Fighters are to report to their assigned Captain. DISTINGUISHING FEATURES OF THE RANK: This ís manual work of a hazardous nature involving the fighting of fires, salvage, rescue work and some first aid generally under the direct supervision of superior officers. Regular training and some maintenance work on the fire station and vehicles are required. Fire fighters may be required to make decisions and work without supervision until an officer arrives at the scene. EXAMPLES OF WORK: . Responds to fire, rescue, hazardous materials emergencies and other emergencíes assigned to his/her station. Lays and connects hose lines, nozzles and other related appliances, turns water on and offo Holds fire hose and directs fire streamso Operates a pressure pump as assignedo Operates elevating devices as assignedo Drives fire apparatus as assignedo Carries, puts up and climbs ladderso Operates rescue equipment. Performs salvage work at fire and emergency scenes using salvage covers, vacuums, mops, squeegees, etc.. Performs ventilation by making openings in buildings, using exhaust fans or fog streamso Enters burning or contaminated buildings, structures and other areas to fight fires and/or perform rescues while wearing required clothing and safety equipmento Assists in giving first aid to the injured. Assists in cleaning fire fighting equipment upon return to the station after an emergency call or a practice Page 31 of 31 APPENDIX A Staff Report FD2010-001 regarding Municipality of Bayham's Master Fire Plan. File: P16 Page 218 of 299 SCHEDULE "C-7" cont'd o Attends regular training sessions to practice existing procedures and to learn and practice new fire fighting and rescue methodso Cleans and maintains areas of the fire station used by the members as scheduledo Assists with the fire prevention program o Other duties as assigned by Station Chief REQUIRED KNOWLEDGE, SKILLS AND ABILITIES: Mental alertness, mechanical aptitude, ability to get along well with others, willingness to perform and task assigned, conscientious and dependable, good physical conditions, holder of a valid Class "D" license complete with "2" endorsement or able to obtain such license when training is provided. ACCEPTABLE TRAINING AND PHYSICAL CONDITION: Must participate in at least 70o/o of the required annual training and must pass a medical to be provided at the municipality's expense by a physician designated by the fire department before becoming a member of the fire department and as required by the Fire Chief. WORKING CONDITIONS: The fire fighter will be expected to respond and work in all types of weather and less than ideal conditions. He/she could have to enter hazardous atmospheres and areas and will be expected to work in a safe manner. Page 32 of 32 APPENDIX A Staff Report FD2010-001 regarding Municipality of Bayham's Master Fire Plan. File: P16 Page 219 of 299 SCHEDULE ..C.8'' MUNICIPALITY OF BAYHAM Job Description AUXILIARY FIRE FIGHTER GENERAL STATEMENT OF DUTIES: Auxiliary Fire Fighters are to report to the Training Officer. Participation in regular training sessions and perform non-life threatening duties at emergencies when summoned as required by the officer in charge. EXAMPLES OF WORK: o Responds to fire, rescue, hazardous materials emergencies and other emergencies assigned to his/her station when required, but does not work in any hazardous situationso Lays and connects hose lines, nozzles and other related appliances, turns water on and off. Holds fire hose and directs fire streamso Operates a pressure pump as assigned. Carries, puts up and climbs ladderso Operates rescue equipment. Performs salvage work at fire and emergency scenes using salvage covers, vacuums, mops, squeegees, etc. when required. Assists in cleaning fire fighting equipment upon return to the station after an emergency call or a practice o Attends regular training sessions to practice existing procedures and to learn and practice new fire fighting and rescue methodso Cleans and maintains areas of the fire station used by the members as scheduledo Assists with the fire prevention program. Other duties as assigned by Station Chief REQUIRED KNOWLEDGE, SKILLS AND ABILITIES: Mental aleftness, mechanical aptitude, ability to get along well with others, willingness to perform tasks assigned, conscientious and dependable, good physical condition and successfully passed the Bayham Fire Department's pre- employment job related performance test. Page 33 of 33 APPENDIX A Staff Report FD2010-001 regarding Municipality of Bayham's Master Fire Plan. File: P16 Page 220 of 299 SCHEDULE "C-8" cont'd ACCEPTABLE TRAINING AND PHYSICAL CONDITION Must participate in at least 70% of the required annual training and must pass a medical to be provided at the municipality's expense by a physician designated by the fire department before becoming an auxiliary member of the fire department and as required by the Fire Chief. WORKING GONDITIONS: The fire fighter will be expected to respond and work in all types of weather and less than ideal conditions. He/she could have to enter hazardous atmospheres and areas and will be expected to work in a safe manner during training sessions. SCHEDULE "C.9'' BAYHAM FIRE AND EMERGENCY SERVICES MISSION STATEMENT The Bayham Fire and Emergency Service's mission is to provide a range of progressive programs and compassionate, prompt services designed to protect the lives and property of all who live, work, and visit our community from the adverse effects of fires and other emergencies, manmade or natural. Through training, education and prevention we will strive to be a progressive emergency service reviewing and keeping current with industry recognized best practices. We will accomplish this mission by maintaining a well equipped, highly trained, and motivated force of volunteer fire fighters and rescue personnel. Not only will we respond to the emergency needs of the community, we will promote safety through fire prevention and other public safety education programs. Page 34 of 34 APPENDIX A Staff Report FD2010-001 regarding Municipality of Bayham's Master Fire Plan. File: P16 Page 221 of 299 SCHEDULE "D'' TO BY-LAW #2010-xxx REMUNERATIONS OF FIRE DEPARTMENT MEMBERS 1. FIRE CHIEF The Fire Chief shall receive an annual salary and benefits as set out in the Municipal Personnel Policy. 2. D¡STRICT CHIEF The Deputy Fire Chief and two (2) District Chiefs shall receive an annual salary as set out by Council. 3. OFFICERS AND FIRE FIGHTERS The Officers and Fire Fighters of the department, excluding the Fire Chief and two (2) Station Chiefs, shall receive semi-annual payments for services performed according to the Bayham Fire Department Point System. 4. DESCRIPTION OF BAYHAM FIRE DEPARTMENT POINT SYSTEM a) The point system will consist of a point fund that will be established by council through the annual budget. b) The total monies of the point system will be divided evenly in two (2), so as to provide semi-annual payments to eligible members. c) For each six (6) month pay period, the total amount of poínts used by both Bayham Fire Stations' members will be divided into the allotted amount, thereby producing the amount of one point's value. The minimum value of one point's value shall not be less than ten ($10.00) Dollars or the maximum value of one point's value shall not be greater than foufteen ($14.00) Dollars. Each individual Fire Fighter's accumulated points, thus giving his/her amount of pay, will multiply this value. d) A reserve of any annual salary and wage allocation that may be acquired by cappíng the upper limit at fourteen ($14.00) Dollars shall be established. SCHEDULE 'rD" con't Page 35 of 35 APPENDIX A Staff Report FD2010-001 regarding Municipality of Bayham's Master Fire Plan. File: P16 Page 222 of 299 e) Descriptions for point allotments: Fire/Emergency Call- first two hours - after two hours Stand-by (1 pt. Min.) Meetings/Practices - Fire Fighters - Officers Special called Meeting or Practice (Max. 3 pt. Regardless of time) False Alarm Response Special services as requested by the Fire Chief These services are, but not limited to, the following: 1. Air Cylinder refilling 2. Fire inspections 3. Fire cause determination 4. Assistant to the Fire Marshal Points 4 2 per hour 1 per hour 2 3 3 2 2 Note: Post emergency evaluations are considered to be included in the Fire/Emergency call. Stand-by: When there is a need to cover other fire stations during large emergencies or respond to a station for mutual aid and not all members are required to attend, the officer in charge will place the remaining members on stand-by and they will receive stand-by points. Members of the Fire Department, excluding the Fire Chief shall receive remuneration for training courses and seminars attended with the approval of the Fire Chief. The amount for half-day course or seminar shall be $42.50. The amount for one full-day course or seminar shall be $85.00. These amounts include meal allowances. Courses or seminars of longer duration shall be calculated by using the appropriate amounts shown above. Members travelling to courses or seminars shall receive mileage in accordance with the rate established by council. Page 36 of 36 APPENDIX A Staff Report FD2010-001 regarding Municipality of Bayham's Master Fire Plan. File: P16 Page 223 of 299 Ministry of Ministère de la Community Safety and Sécurité communautaire et Correctional Serv¡ces des Services correctionnels Offlce of the Fire Marshal 2284 Nursery Road Bureau du commissaire des incendies 2284, chemin Nursery Midhurst ON LOL 1X0 Midhurst ON LOL 1X0 Tél: (705)725-7258Tel: (705)725-7258 Téléc: (705)725-7259 Fax: (705)725-7259 March 30,2010 Mayor Lynn Acre Municipality of Bayham 9344 Plank Road, Box 160 Straffordville, ON NOJ 1Y0 Dear Mayor Acre: Re: Master Fire Plan ..r. :-' f-r i: [ " .i 7,'';'ç$- ã ;j-';'.,. rr-.i , ¿i L- l. t t'.. : .: i",. i :-.H:i^i ä i,+' t _'r:i ¡l :- _ j i!.i.i=ii - r .t-jil File Reference/Référence: OFM-M- 68717 (Elgin) Bayham I have taken the opportunity to review the Master Fire Plan for the Municipality of Bayham as posted on the Municipalwebsite and would like to comment on Section 6 Fire Prevention. Clause 2(1)(a) of the Fire Protection and Prevention Act, 1997 (FPPA) states that - Every municipality shall establish a program in the municípality which must include pubtic education with respect to fire safety and cefta¡n components of fire prevention. The Office of the Fire Marshal (OFM) has determined the minimum cr¡teria that must be provided by a municipality in order to be determined to be in compliance w¡th the FPPA: . a smoke alarm program with home escape planning . a s¡mplifíed risk assessment o distribution of fire safety education mater¡als and delivery of public education programs c peÍform inspecticns upon request or complaint frorn the public. ln addition to conducting inspections upon request or complaint, the OFM recommends that a routine fire safety inspection program be implemented for high risk occupanc¡es íncluding retirement and nursing homes, group homes, hospitals, schools, multi unit res¡dential dwellings, and assembly occupancies. An lnspection Program ¡nvolves inspecting selected properties and taking subsequent action(s) to achieve an acceptable level of fire safety. ln the community, a program of this type has the potential to: . reduce fire occurrence; Rev: January 2008 FFPS 01 02 Staff Report FD2010-001 regarding Municipality of Bayham's Master Fire Plan. File: P16 Page 224 of 299 Name Munícipality of Bayham Date March 30,2010 Page 2 . improve containment thereby minimizing the impact of a fire; o provide adequate detection of a fire and warning to occupants; o providê an adequate means of egress to allow occupants to evacuate without injury; o provide and maintain suppression features to limit the damage caused by fire; o provide adequate fire safety planning; and . reduce injury, the loss of life and damage to property. The writer of the Master Fire Plan suggests a "Self lnspection" program as an Alternative Fire Prevention Program. The concept is taken from the Fire Prevention Effectiveness Model as detailed in the Comprehensive Fire Safety Effectiveness Model (available on the Office of the Fire Marshal website at wr¡rw.ofm.oov.on.ca The Self-Compfiance lnspections program is designed to help owners conduct an inspection of their properties to assess for compliance and fulfill their responsibilities for fire safety. This program consists of two parts. The first, a complete and comprehensive fire safety inspection of the property to ensure that fire safety planning has been addressed for the property and that the property is in compliance wíth the Ontario Fire Code. The second, monitors the owner's efforts to maintain the required level of fire safety by reviewíng information regularly provided by the property owner. This can be done in conjunction with a modified routine inspection program. The only way that a self compliance program is of value is for the property to be inspected and in compliance, before a self inspection program is undertaken. Addítionally, this type of program should be limited to basic inspections of mercantile and business and personal services occupancies and should not include the aforementioned high risk occupancies. I would be pleased to discuss this further with you, and am available at 519-676-9098. Southwest Region Fire Protection Services Team Office of the Fire Marshal Cc: Administrator Kyle Kruger Fire Chief Gord Roesch Nelly Staff Report FD2010-001 regarding Municipality of Bayham's Master Fire Plan. File: P16 Page 225 of 299 Attention: Bayham Mayor & Council Re: Comments on Draft Master Fire Plan Please know that my comments are for your consideration for possible enhancements to the MFP and are not meant to be critical of the consultant or the municipalþ. I will start by saying that I have not seen the Terms of Reference for the MFP, so my comments/suggestions may in fact relate to issues outside of the scope of the plan. The first issue that I would like to comment on is the Specialty Rescue Team concept. The developments of the teams rose from obvious need within the department to improve on the delivery of these services (water rescue, rope rescue & auto extrication) as we were encountering more complicated rescues. The intent of the teams was to have like minded individuals from each station train together and take external courses (train the trainer type) so that they could firstly become more proficient in safely performing these rescues and secondly to train the remained of the firefighters to a desired level of competency. I agree that there are issues with this system but I do believe that it can be altered in some fashion to make it work. My concern with stopping the program altogether is that the departments will be less capable to deliver these services. The notion that the municipality'fire department will be embarrassed by not having enough team members at any particular emergency is not enough of a reason to discontinue the program. lWhat would happen when either of the stations do not meet the l0/10 guidelines for a residential fire, would we stop responding to fires because we were embarrassed? I would expect to see a recommendation from the consultant on what happens once the teams are disbanded, does the municipality lower the level of service, or do we train all firefighters to the required competencies to safely and effectively perform these technical type rescues. I would anticipate that the required training could not be accomplished Staff Report FD2010-001 regarding Municipality of Bayham's Master Fire Plan. File: P16 Page 226 of 299 under the current meeting schedule which would create the need for additional monthly training sessions and an increase in the departments training budget. The second and final issue I would like to comment on is the concept of the "self inspection program". I like to think that I am fairly knowledgeable about the fire service, but this concept is new to me and the local OFM Advisor. As per the report, for the program to work, all the occupancies would have to be inspected and become compliant with the fire code. In a perfect world this could work, but I do see a few flaws, mostly how would you get all occupancies in compliance in the first place? Section 6 page 3 states "this approach may well discourage fire departments from taking this new approach because they don't have the personnel or extensive expertise to begin with". I believe that it is fair to say that not all businesses will do the voluntary inspections or may not be truthful about how they report their inspections. The biggest issue here is that the fire chief does not have enough time to do all the inspections because of the bylaw enforcement duties. I would encourage you to review the Fire Chiels job description to see if the bylaw enforcement could be removed. Section 6 page 3 sates "The present situation with the job description for the fire chief seems to take most of his day up." The position of Fire Chief for the municipality started as part-time in 1998 at the time of amalgamation, because of the amount of work to accomplish the position became fuIl time around200l-2002,thenwhen I left in 2005 the additional work load of bylaw enforcement was added to the Fire Chiefs job description in addition to Community Emergency Management Coordinator. In my opinion the job description is overloaded and diversified, the Chief could accomplish more with respect to fire safety and emergency management if the bylaw duties were removed. In closing I would add that in my opinion the MFP does not go far enough , I believe that it should include a detailed review of the levels of stafhng, training, qualifications of the firefighters and compare them to the levels of service that have been approved by the municipal Council. The MFP should also include ahazardrisk assessment of the municipality with recommendations to council on the potential need and impact of service level changes. From this comparison recommendations could be brought forward Staff Report FD2010-001 regarding Municipality of Bayham's Master Fire Plan. File: P16 Page 227 of 299 to ensure the firefighters are provided the proper training to perform the services approved by Council. Again, this may be outside of the Terms of reference for the Master Fire Plan. If required,I would be available to further discuss my comments with Mr. Corfield. Thank you for your consideration of these comments. Sam Taylor Home 519-874-4618 V/ork 519-773-4905 Staff Report FD2010-001 regarding Municipality of Bayham's Master Fire Plan. File: P16 Page 228 of 299 Blank Page I ofl Lynda Millard From: Wanda Gillis [wgillis@amtelecom.net] Sent: Thursday, April 01 ,2010 7:27 AM To: Gerry Lemay Cc: Lynda Millard Subject: Port Burwell Baseball Park Concerns ari Good Morning I am writing this email on behalf of the Port Bur:well Lakers Baseball team. My husband and I are helping coach the team this year atrd we have some concerns about the park. We are also woutd like information. Concerns 1. The Ladies washroom has a large hole in the floor inside in front of the door. This is very unsafe and someone can be seriously hurt. 2. The fence around the new play ground equipment is pulled up from the ground and has sharp piece sticking out that is can be a safety problem. 3. The walk way around the outer bathroom area is not leave and moves when step on, this too can become a safety concern. 4. There are lights in the park that need replacing 5. The flag pole is bent and a new flag ís needed 6. The players bench on the home team side is in need of replacement. Information 1. Is there soneone responsible for cleaning the washroom area weekly during the summer? 2. Is there someone responsible for cutting the grass on the diamond area, would they like the schedule for the home games? 3. Are we able to use the concession booth to sell pop, coffee, and snacks (prepackaged onlyf. Thanks Any help or information you give us will be greatly appreciated. '\iløn[ø çiffß 519-874-4209 ? 4/20/2010 Correspondence dated April 1, 2010 from Wanda Gillis, on behalf of the Port Burwell Lakers Baseball team regarding "Port Page 229 of 299 Page 230 of 299 2009.11.27 6.3 9050 MUNICIPALITY OF BAYHAM Accounts Payable Royal Bank Cheque Register - 0411512010 001647 1255475 oNTAR|O LTD 631443 PRY BARS 0310s12010 I 463.30 008332 ChequeAmount- 463.30 001667 1457199 oNTARTO INC reimburse credit CREDIT ON TA"\ ACCOUNT 0411212010 I 5,413.00 008333 Cheque Amount - 5,413.00 000009 843002 oNTARlo lNc 1076 HAULING GRA\ÆL 03t31.2010 I 191.84 008338 Cheque Amount -'t91.84 o4lo1l20'lo I 421.58 008339 o4lo1l20'to I 38.33 008339 Cheque Amount - Cheque Amount- '1,10'1.93 OO15I1 ABEX AFFILIATED BROKERS EXCHGE 217881 INSURANCE 0ø'10812010 I 4,917.24 008335 Cheque Amount - 4.917.24 OOOO39 AIRPAK SAFEW TRAINING 025022 COURSE o4to5t2010 I 89.25 008336 Cheque Amount - 89.25 OOOO52 AMTELECOM COMMUNICATIONS þr 0060257907 INTERNET - OFFICE O4lO1l201O I 85.00 008337 Apr 0060341982 INTERNET - EDISON MUSEUM O4l0'll2O1O I 48.25 008337 Apr 0060408229 INTERNET - MARINE MUSEUM 0410112010 I 48.25 008337 þr 0060493387 INTERNET - GARAGE 041012010 I 28.30 008337 Apr 5198665521 MONTHLY TELEPHONE O4lO1l2O'tO I 1,460.68 008337 Cheque Amount - 1,670.48 OOOO75 AYLMEREXPRESS 0000152631 FIRE PI-AN, ZONING OOOO91 BARRYR.CARD 212013-32 LEGALSERVICES 21201+32 LEGALSERVICES OOO154 CANADIAN KOOLWATER 459.91 0411a2010 I 1,101.93 008334 0310212010 I 68.00 008340 03t16t2010 I 28.00 008340 03t1512010 I 24.00 008340 Cheque Amount -120.00 0311512010 I 933.95 00834',1 o3t3012010 I 89.78 008341 0411512010 3:30PM 000156 CANADIAN PIPE & PUMP SUPPLY LTD 2-2347 2-2416 2-2463 T423570 T423696 WATER BOTTLES WATER BOTTLES WATER BOTTLES CARTRIDGES PIPE Cheque Amount - 1,023.73 Page 1 Cheque Register being Cheque #8332 to Cheque #8442 inclusive, except Cheque #8264 totaling $420,125.97 and Payroll Page 231 of 299 2009.11.27 6.3 9050 MUNICIPALITY OF BAYHAM Accounts Payable Royal Bank Cheque Register - 0411512010 0411512010 3:30PM OOO175 CEDAR SIGNS 17869 POSTS 0410112010 I 1.40'1.70 0083r'.2 Cheque Amount - 1,401.70 OOOIOO CORPORATE EXPRESS 24865357 PAPER, F|LE FOLDERS, BTNDTNGS 04t13t2010 I 61.82 008343 ChequeAmount- 61.82 OOO212 COUNTY OF ELGIN donation CHARITY GOLF TOURNAMENT Ml01l2O1O I 75.00 008344 Cheque Amount - 75.00 OO1432 CULLIGAN D1033350515 UNITRENTAL o4l0'1120'lo I 52.40 008345 Cheque Amount - 52.40 OOO299 ELGIN PURE WATER 00001s6424 QUARTZSLEEVES, L MPS 03/30/2010 I 961.63 008346 Cheque Amount - 96'1.63 OOO3OO ELGIN ROAD SUPERVISORS safety rodeo SAFETY TRUCK RODEO O4|1A2O1O I 200.00 008347 Cheque Amount - 200.00 001565 EMCO CORPORATTON 540236&00 GASKET OOO322 EVANS UTILIry 0000136115 PARTS 04t06t2010 I 1,042.99 008348 03t30t2010 I 7,585.24 008349 Cheque Amount - 7,585.24 OOO334 FASTENALCANADA oNTrs33s24 RUBBER STRAPS, GLO\ÆS 0410112010 I 20.01 008350 Cheque Amount - 2O.O'l 001270 GORD ROESCH reimburse UNIFORM 0411312010 I 145.77 008351 Cheque Amount - 145.77 OO1O27 GREEN LEAAG CENTER INC 0000101702 CLAMPS 03119120'10 I 65.08 008352 Cheque Amount - 65.08 OOO427 HYDRO ONE NEÍWORKS INC Apr 06571-44066 UTILITIES - METER CHAMBER 0410612010 I 85.32 008353 Apr 25240-95021 UTILITIES - RTCHMOND RD PUMP 0313112010 I 142.82 008353 Apr 35795-43000 UTILITIES - PUMP#6 0410712010 I 573.32 008353 Cheque Amount - '|.,042.99 Page 2 Cheque Register being Cheque #8332 to Cheque #8442 inclusive, except Cheque #8264 totaling $420,125.97 and Payroll Page 232 of 299 2009.11.27 6.3 9050 MUNICIPALITY OF BAYHAM Accounts Payable Royal Bank Cheque Register - 0411512010 04t06t2010 o4t07t2010 03t31t2010 0313112010 0313112010 03t31t2010 o3t31t2î'lO 0313112010 0313112010 0313112010 0313112010 0313112010 0313112010 03t31t2010 03t3112010 0313112010 03t31t2010 0411512010 3:30PM Apr 6276G43000 þr6277È2Q225 MarOllS'l -23005 Mar12650 - 91004 Marl8850 - 12458 Mar18971 -440,27 Marl897l - 52001 Mar25250 - 12302 Mar28799 - 40004 Mar34853 - 01007 Mar43850 - 12451 Mar50250 - 12458 Mar56450 - 12330 Mar7525O-12272 Mar8777O-20f)12 Mar93850 - 12278 Mar93970 -20U2 oo0217 IBIGROUP 225865 UTILITIES - E.C.C. UTILITIES - VIENNA MEM PARK UTILITIES - INTERP CENTRE UTILITIES - PUMP#8 UTILITIES - PB LIBR/qRY UTILITIES - METER CHAMBER UTILITIES . BOOSTER PUMP UTILITIES - PB OPP BLDG UTILITIES - PUMP#1 UTILITIES . BEACH WASHROOMS UTILITIES - PB CENTEN PARK UTILITIES . MARINE MUSEUM UTILITIES. BOAT LAUNCH UTILITIES - LIGHTHOUSE UTILITIES - EDISON MUSEUM UTILITIES. PB FIREHALL UTILITIES - V.C.C. 104.66 008353 87.58 008353 51.69 008353 125.39 008353 129.76 008353 37.74 008353 92.06 008353 37.74 008353 260.35 008353 2.55 008353 75.27 008353 95.35 008353 43.83 008353 48.7s 008353 73.37 008353 162.32 008353 73r.89 008353 I I I I I I I I I ¡ I I I I I I I OOO51O KLASSEN AUTO PARTS 149746 1-49843 149893 149924 l-50018 't-50435 r-50521 1-50542 1-50829 1-51085 1-51374 1-51393 1-51437 't-5'1440 1-51491 OOO513 KOOLEN ELECTRIC 1 5587 Cheque Amount - 0312612010 ICONSULTING FEES DRILL BIT DIELECTRIC GREASE TOVVELS DUSTMASK BRUSHES FILTERS, SPRING BALL BEARINGS, CLUTCH GLOVES FILTERS ROCKER PUNCH SET RIGHT STUFF olL otL BALL BEARING Cheque Amount -3,044.69 1.91 008355 14.31 008355 34.80 008355 12.37 00835s 46.94 00835s æ.43 0083s5 33.17 008355 20.07 008355 55.tr 008355 12.25 008355 35.00 008355 23.67 008355 10.12 008355 20.23 008355 16.08 008355 0310312010 o3t0/.t2010 0310512010 0310512010 0310812010 03t12t2010 03115120'10 0311512010 03t1812010 o3t22t2010 0312512010 03t2512010 0312512010 0312512010 03t26t2010 2,961.76 3,0,f4.69 008354 008356 Cheque Amount -400.99 19s.30SERVICE CALL 04t0512010 I Page Cheque Register being Cheque #8332 to Cheque #8442 inclusive, except Cheque #8264 totaling $420,125.97 and Payroll Page 233 of 299 2009.11.27 6.3 9050 OOO235 LIPPERT & \A/RIGHT FUELS LTD. MUNICIPALITY OF BAYHAM Accounts Payable Royal Bank Cheque Register - 0411512010 Cheque Amount - 04Í1512010 3:30PM 101574 I 01 575 103036 103037 103038 99531 99532 99533 001316 LONDON EMPLOYEE JAN678505 Jun678509 M4R678505 sEP678505 DIESEL DYED ULSD REG GAS REG GAS DIESEL DYED ULSD ULS DIESEL REG GAS ULS DIESEL DIESEL DYED ULSD JAN/FEB/MAR'09 JULY/AUG/SEPT '09 APFYMAY/JUN'09 ocT/Nov/DEc'08 o3t16t2010 o3116120'10 03t24t2010 o3t2412010 03t24t2010 0310512010 03tost2010 o3tost2010 't95.30 574.36 008357 1,666.71 008357 950.13 008357 398.65 008357 1,488.29 008357 1,259.U 008357 1,733.98 008357 701.72 008357 Cheque Amount -8,773.48 307.13 008358 307.13 008358 307.13 008358 307.13 008358 01101120'to 01t01t2010 01t0112010 011o112010 000614 MOBIL STRIPING & SWEEPING LTD 30057 POWER SWEEPING 000647 NORFOLK DISPOSAL SERVICES 131295 GARBAGE DISPOSAL 000679 OXFORD SAND & GRAVEL LTD tN00108343 GABION STONE IN108379 GABION STONE Cheque Amount - o4t05t2010 I 1,228.52 14,730.71 008359 008360 008363 Cheque Amount - 03131120'to I 14,730.71 36,065.76 Cheque Amount -36,065.76 220.58 008361 866.57 008361 o4t0712010 04t08t2010 000685 PATWATTERS licence application licence renewal 001378 PKSNACKS 421 LICENCE APPLICATION LICENCE RENEWAL Cheque Amount -1,087.15 10.00 008362 75.00 008362 o4t09t2010 0410912010 Cheque Amount - o4t13t2010 I 85.00 107.40EDISON FEST OOOTIO PORTBURWELLHOME HARDWARE 7638 PADLOCK 7644 GARBAGE BAGS 7654 WATER HEATER- PB LIBRARY Cheque Amount -107.40 15.81 008364 28.24 008364 271.19 008364 o310312010 0310912010 0311312010 Page Cheque Register being Cheque #8332 to Cheque #8442 inclusive, except Cheque #8264 totaling $420,125.97 and Payroll Page 234 of 299 lnvoice Cheque Cheque Date Type Amount Number 2009.11.27 6.3 9050 7662 7667 7672 7697 7704 7707 OOO737 RAMONAPEIDL 237376 237377 237378 000806 SGSCANADAtNC 1 03961 70 10396172 10396't73 1 041 391 8 348703 348766 348771 348850 349012 34901 8 349072 DRILL BIT PADLOCK HINGES PAINT LIGHTS SEALINGTAPE MARCH'IO CLEANING MARCH '10 CLEANING. V.C.C. MARCH'10 CLEANING. S.C.C. I.AB FEES LAB FEES I.AB FEES LAB FEES CHLORINE CHLORINE BIG "O" CONNECTORS CHAIN, STEEL WOOL SCREWS HOSE BRUSHES PAINT POSTS BATTERY MUNICIPALITYOF BAYHAM Accounts Payable Royal Bank Cheque Register - 0411512010 03t17t2010 o3t't8t2010 0312312010 0313012010 0313112010 03t31t2010 Cheque Amount - 04115120'10 3:30PM 13.55 008364 11.29 008364 17.81 008364 6.26 008364 22.58 008364 1.57 008364 0313112010 0313112010 0313112010 388.30 940.00 656.50 1,080.00 008365 008365 008365 008367 I I I Cheque Amount -2,676.50 3'17.10 008366 195.30 008366 100.80 008366 271.95 008366 0110112010 0110112010 0110112010 0312612010 I I I I Cheque Amount - 000863 SUZANNA DIELEMAN payroll JANUARY PAYROLL OVERSIGHT 04l1U2O'lO I Cheque Amount - 00r4't8 TELUS 01 6242498019123/,901 4 MOBTLE H tGH SPEED 0162424980't9/6366069 CELL PHONE - B KNTFTON 01 62424980't9/6780758 MOBTLE H tGH SPEED 0'16242498019167817 43 MOBTLE HtGH SPEED Cheque Amount - OOO93O TSC STORES L.P. 1 81 01 9870 18'1028905 Cheque Amount - OOO953 VIENNAHOME CENTERLTD 885.1 5 50.00 04105120't0 I 0410512010 I 0/.t0st2010 I 0410512010 I 50.00 41.76 008368 68.6't 008368 41.76 008368 41.76 008368 0310312010 0311812010 193.89 22.59 008369 22.59 008369 03t03t2010 0310412010 0310512010 03/08/2010 0311212010 0311212010 0311512010 45.18 16.48 008370 5.'t0 008370 32.76 008370 6.77 008370 42.93 008370 97.98 008370 9.36 008370 Page Cheque Register being Cheque #8332 to Cheque #8442 inclusive, except Cheque #8264 totaling $420,125.97 and Payroll Page 235 of 299 2009j1.27 6.3 9050 349252 349373 349400 349425 349453 POSTS PAINT POSTS LIQUID PLUMBER MUNICIPALITY OF BAYHAM Accounts Payable Royal Bank Cheque Register - 04/,152010 0411512010 3:30PM o3t19t2010 I 170.67 008370 0312u2010 I 119.51 008370 ChequeAmount- 583.26 OOO957 VOTH SALES&SERVICE LTD 0000182344 PLUGS AND PINS O3lMl2010 I 33.90 008371 0000182400 ct-AMP o3l16no10 I 33.89 008371 0000't82496 REPI-ACE SEAL ON STEERING BO 03t2912010 I 911.41 008371 0000182529 AIR LEAK 0313112010 I 354.87 008371 0000182534 ANNUAL SAFEW 0313112010 I ',1,103.69 008371 0000182539 MUFFLER HANGER, EXHAUST 03t31t2010 I 2,U4-82 008371 Cheque Amount - 5,082.58 001015 vvEAo symposium ANNUAL TECHNICAL SYMPOSIUM O4l13l2O1O I 682.50 008372 ChequeAmount- 682.50 000966 WEBER'S VIELDING & MFG 14172 GRATES FOR CATCH BASTNS 0410812010 I 340.81 008373 Cheque Amount- 340.81 001246 WELLINGTON GAS & CONVENIENCE gas - fire dept FIRE DEPT FUEL Cheque Amount - 608.36 OOO982 WLTSIE TRUCK BODIES LTD 22844 STEEL CHECKERPLATE 0410712010 I 160.25 008375 Cheque Amount- 160.25 Cheque Run Total - 107,439.86 GARBAGE BAGS, GLASS, BRUSHE 0312312010 I 26.39 008370 0312412010 I 49.90 008370 0312412010 I 5.41 008370 0411312010 r 608.36 008374 lnvoice Cheque Cheque Date Type Amount :Number Page 6 Cheque Register being Cheque #8332 to Cheque #8442 inclusive, except Cheque #8264 totaling $420,125.97 and Payroll Page 236 of 299 2009.11.27 6.3 9050 MUNICIPALITY OF BAYHAM Accounts Payable Royal Bank Cheque Register - O4l22l2O'10 0412212010 l1:334M lnvoice Cheque Cheque Date Type Amount Number 000009 843002 oNTARro rNc 1079 HAULING GRAVEL OOOO23 AAROCAGGREGATES LTD JO6O9O9 GRAVEL 04t1512010 I 2,177.52 008376 Cheque Amount - 2,177.52 o4t14t2010 I 1,273.42 008377 Cheque Amount - 1,273.42 OOOO3I ADTSECURITYSERVICES CANADA 42152235 ANNUAL SERVICE CHARGE 0411912010 I 219.45 008378 Cheque Arnount - 219.45 001136 ANNEVANHOUCKE 009 couRT oF REV|STON ATTENDANC O4t01t2010 I 77.60 008379 Cheque Amount - 77.60 000146 CANADA I.AW BOOK INC 010277 oNTAR|O MUNTCTPAL LEGTSLA 0411312010 I 239.83 008380 Cheque Amount- 239.83 OOO154 CANADIAN KOOL WATER 2-2417 WATER BOTTLES - S.C.C. 0311612010 I 8.00 008381 2-2509 WATER BOTTLES 0410612010 I 14.00 008381 Cheque Amount - 22.00 000218 cuPE LOCAL35 Mardr'10 remit UNION DUES 0411912010 I 380.22 008382 Cheque Amount - 380.22 000262 DONNAMCCORD reimburse CONTACT LENSES o3t26t2010 I 84.00 008383 Cheque Amount - 84.00 OO1110 DOUGANDERSON T.J Mahoney course ROADS SCHOOL - EXPENSES Ul19l2O10 I 660.00 008384 Cheque Amount- 660.00 OOO339 FIRESERVICE MANAGEMENT LTD 420294 SUIT CLEANING 000367 GENERALCHEMICAL 90318647 ALUM SULFATE 04t16t2010 I 97.88 008385 Cheque Amount -97.88 o4t08t2010 I 562.68 008386 ChequeAmount- 562.68 OOO427 HYDRO ONE NETWORKS INC Apr 00240-14793 UTILITIES - GARAGE O4lOBl2O10 I 486.90 008387 Apr 06460-08880 UTILITIES - STRAF LIBRARY 0411212010 I 185.86 008387 Page 1 Cheque Register being Cheque #8332 to Cheque #8442 inclusive, except Cheque #8264 totaling $420,125.97 and Payroll Page 237 of 299 2009.11.27 6.3 9050 MUNICIPALITY OF BAYHAM Accounts Payable Royal Bank Cheque Register - 0412212010 þr 12660-62007 UTILITIES - MED BLDG Apr 1577348016 UTILITIES - PUMP#S Apr 25260-09578 UTILITIES - OFFICE þr 53993-93004 UTILITIES - PUMPPI Apr 68860{8015 UTILITIES - STRAF FIREHALL O4|1A2O10 I 2æ.89 008387 Apr 73394-81003 UTILITIES - PUMP#3 Apr86590€7008 UTILITIES-PUMP#2 Apr 87640-15034 UTILITIES - S.C.C. OOO518 KWIKKOPYPRINTING o4t12t2010 I 79.17 008387 04t12t2010 I 372.67 008387 0411a2010 I 395.36 008387 04t13t2010 I 50.65 008387 04t13t2010 I 66.56 008387 0411212010 I 236.23 008387 04na2010 I 1,407.22 008387 0412212010 l1:334M Cheque Amourit - 3,535.51 25286 BUSINESSCARDS o4t16t2010 I 147.74 008388 Cheque Amount - 147.74 OO1OO4 LES DISTRIBUTEURS R. NICHOLLS 0399752 UNTFORMS O4115120'tO I 897.06 008389 GhequeAmount- 897.06 OOO542 LIFE SUPPORT SERVICES 1G.032 RECERTTFTCATTON tN S-AED &CPt 04t12t20'tÙ t 78.75 008390 Cheque Amount - 78.75 000569 M&LSUPPLY OOOO1172OO BROOM, GEAR BAG O4l14l2O1O I 36,1.37 008391 Cheque Amount - 3il.37 001668 MARION ROGERS reimburse SOLEMNIZATION TRAINING Mh9PO1O I 189.00 008392 Cheque Amount - 189.00 000621 MUNICIPALWORLD INC rN00078624 MUNTCTPAL ELECTION l-AW 0411312010 I 90.06 008393 Cheque Amount - 90.06 000627 MURRAYS HEATING &AIR 4719 INSTALL SWTCH ON HEATER 0411212010 I 91.05 008394 Cheque Amount - 91.05 000657 OMEGACONTRACTORS 4570944 WATER RENEWAL PROGRAM O4t05t2010 I 75,916.77 008395 46409-01 VTENNA WATER RENEWAL 0410512010 I 169,917.39 008395 Cheque Amount - 245,834.16 000662 oNTARTO ASSOCTATTON OF 44984 FTREFIGHTER CHECKLIST 0412012010 I 71.40 008396 000679 OXFORD SAND &GRAVEL LTD Cheque Amount -71.40 Page 2 Cheque Register being Cheque #8332 to Cheque #8442 inclusive, except Cheque #8264 totaling $420,125.97 and Payroll Page 238 of 299 2009j1.27 6.3 9050 tN00108536 PREMIUMCOLDMX COARSE OOI¿I83 PARTSMASTER CANADA 50033625 HOOK, SOCKETS OOO743 RBCROYALBANK 4pr45160500009541 19 AMCTO CONFERENCE 4pr45160s0000954168 SUPPLIES 000660 RELIANCE HOME COMFORT 00663103047210184pr UNIT RENTAL - E.C.C. OOO829 SPECTRUM COMMUNICATIONS LTD MUNICIPALITY OF BAYHAM Accounts Payable Royal Bank Cheque Register- 0412212010 o4t1st2010 I Cheque Amount - Mr12t2010 I Cheque Amount - 04101120'lo 0410612010 Cheque Amount - 0/.t12t2010 I Cheque Amount - ANSWERING SERVICE 0411512010 I Cheque Amount - ROADS SCHOOL - EXPENSES 0411912010 I Cheque Amount - 0412212010 11:334M 1,473.24 008397 1,473.24 f 98.45 008398 198.45 408.05 008399 174.99 008399 583.04 28.88 008400 28.88 u.70 00840'l u.70 660.00 008402 660.00 329.14 008403 0000602390 001599 STEVEADAMS T.J. Mahoney course OOO857 STRONGCO EQUIPMENT 032651 SLIDING SLEEVE 001418 TELUS 015894762021 0411912010 I 015894762021' DOLLAR POOL SAVINGS OTHER CHARGES O 1 58947 62021 I2OO587 6 CELL PHONE . P GROENEVELD 015894762021/6171156 CELL PHONE - G LEMAY 01585476202116171294 CELL PHONE - C JOHNSTON 015894762021/6197656 CELL PHONE - A SWANCE 015894762021/6365709 CELL PHONE. PB FIRE DEPT 015894762021/6365787 CELL PHONE - ROADS DEPT 1 015894762021/6366178 CELL PHONE - STRAF FIRE DEPT 015894762021/6366198 CELL PHONE. E BRADFIELD 015894762021/6366368 CELL PHONE - E ROLOSON 01589476202't/6369464 CELL PHONE - K KRUGER 015894762021/6689955 CELL PHONE - B BUTLER o15894762021t9021249 CELL PHONE - ROADS DEPT 2 Cheque Amount -329.14 -214.76 008404 11.91 008404 50.68 008404 41.75 008404 30.80 008404 49.66 008404 M.86 008404 44.86 008404 44.86 008404 232.76 008404 152.27 008404 61.13 008404 56.M 008404 44.86 008404 0312712010 03127120'10 0312712010 0312712010 0312712010 0312712010 0312712010 03t2712010 03t2712010 0312712010 03t2712010 0312712010 0312712010 0312712010 c I I I I I I I I I I I I I OO157,I TO\¡/N.I OF TILLSONBURG Cheque Amount -652.08 Page Cheque Register being Cheque #8332 to Cheque #8442 inclusive, except Cheque #8264 totaling $420,125.97 and Payroll Page 239 of 299 2009.11.27 6.3 9050 944 PRIMER SEIZED OOO935 UNION GAS LIMITED Neß-2106 19G9754 UT|LTT|ES - E.C.C. Nr273-2106 2434725 UTtLtTtES - PUMP#I MUNÍCIPALITY OF BAYHAM Accounts Payable Royal Bank Cheque Register - 0412212010 0412212010 l1:334M o4ßa2010 I 140.80 008405 ChequeAmount- 140.80 0411a2010 I 235.81 008406 0411a201o I 20.59 008406 Cheque Amount - 256.40 000966 WEBER'S WELDING & MFG 14',t97 STRATGHTEN PLATE 0411512010 I 6.78 008407 ChequeArnount- 6.78 000986 WORKPI.ACE SAFETY & INSURANCE 1625314 Mar'10 MARCH REMIT 0311312010 I 1,699.82 008408 Gheque Amount - 1,699.82 Cheque Run Total - 263,207.03 Page 4 Cheque Register being Cheque #8332 to Cheque #8442 inclusive, except Cheque #8264 totaling $420,125.97 and Payroll Page 240 of 299 200s.11.27 6.3 sO50 MUN|C|PAL|TY OF BAYHAM 0412212010 l:19PM Accounts Payable Royal Bank Cheque Register - 0412212010 000658 oMERS 004'100 Madl0 MARCH'1o REMIT 03131120'10 I 10,426.48 008409 Cheque Amount - 10,426.48 Cheque Run Total - '10,426.48 Page 1 Cheque Register being Cheque #8332 to Cheque #8442 inclusive, except Cheque #8264 totaling $420,125.97 and Payroll Page 241 of 299 2@9.11.27 6.3 90s0 MUNICIPALITY OF BAYHAM General Ledger Posting Summary Trace: 0l1730 Report Date: 04112212010 0412212010 1:25PM AccounG Payable Voided Cheque FiscalYear: 20f 0 Posted BY: SANDRA Posting Pd.: ¡[ Posting Date: 0412212010 01{10G.1030 General bank 01{10G1950 Accounts Pa¡able Trade CDIST inconect registration fee CDIST inconect registration fee Void Chq:8264 WEAO Void Chq:8264 VIEAO Total Debits Total Credits Net Posting 1,548.75 -1.548.75 1,W.75 -1.548.75 0.00 Page Cheque Register being Cheque #8332 to Cheque #8442 inclusive, except Cheque #8264 totaling $420,125.97 and Payroll Page 242 of 299 Cheque Register being Cheque #8332 to Cheque #8442 inclusive, except Cheque #8264 totaling $420,125.97 and Payroll Page 243 of 299 Cheque. Cheque Amount' Number 2009.1',t.27 6.3 9050 OOOO23 AAROCAGGREGATES LTD JO61OI4 GRA\ÆL OOOO8I AYLMER TIRE 0000063841 TRAILERTIRE MUNICIPALITY OF BAYHAM Accounts Payable Royal Bank Cheque Register - 0412912010 o4l29l2Ù1Ù 10:124M 0411312010 I 28.96 008412 Cheque Amount - 28.96 001471 BLUEWAVE ENERGY 4092937g279967 olL DRUMS 0412212010 I 758.29 008413 40923373280899 SHELL DRUM DEPOSIT 0412212010 C -157.50 008413 Cheque Amount - 600.79 OOO14O CADMAN POWER EQUIPMENT 44094 RINGS. PI-ATES 0412012010 I 164.14 008414 Cheque Amount - 164.54 001294 CANADTAN RED CROSS SOCIETY 1N026299 EMERGENCY FIRST AID 0411512010 I 510.00 008415 Cheque Amount -5'10.00 000160 CANON CANADAINC. 6444007 METER BILLING c/.t14t2010 I 708.06 008416 Cheque Amount - 708.06 000167 CARSVVELL 4630880 POCKET ONT OH&S o4t20t2010 I 53.02 008417 Cheque Amount -53.02 00017í cBsc CAP|TAL tNc 3242748 COPIERRENTAL 001521 CLÁ|MSPRO lNC. 3382G100545 CIáIM-TEMERSON 0411012010 I 1,294.98 008418 04t29t2010 I 1,050.00 008r'.22 0412112010 I 2.236.92 00u11 Cheque Amount - 2,236.92 Cheque Amount - 1,294.98 o4t01t2010 I 460.00 008419 Cheque Amount - 460.00 OOO1OO CORPORATE EXPRESS 24949292 RUBBER BANDS, PENS, B|ND|NGS O4t26t2010 I 98.97 008420 24949457 ENVETOPES 0412612010 I 54.94 008420 Cheque Amount- 153.91 000260 DON HORTON 296452 PLUMBING - V.C.C. & GARAGE 0412712010 I 504.16 008421 Cheque Amount -504.16 00000'l DPoc 013 POSTAGE Page 1 Cheque Register being Cheque #8332 to Cheque #8442 inclusive, except Cheque #8264 totaling $420,125.97 and Payroll Page 244 of 299 2009j1.27 6.3 9050 199034 199129 199202 199231 199248 199449 WASHER FLUID I¡/RENCHES GLOVES HAMMERS VINYL DECALS REPAIR. PARTS MUNICIPALITY OF BAYHAM Accounts Payable Royal Bank Cheque Register - 0412912010 0412912010 10:12AM Cheque Amount - 1,050.00 000276 E.S. HUBBELL & SONS LIMITED 7530 CUL\ÆRT PIPE 0/,11512010 I 1,934.81 008r'.23 Cheque Amount- 1,934.81 OOO283 ED MATTHEWS CARPENTRY 247712 REPAIRS AT PB BALL PARK 04123120'10 I 360.09 008424 Cheque Amount- 360.09 OOO294 ELGIN COUNTY MUNICIPAL 1-20',t0 MEMBERSHIP DUES 0412712010 I 260.00 008/.25 ChequeAmount- 260.00 OOO334 FASTENALCANADA oNTrs33747 SUPPLIES 0410912010 I 1s.40 008426 Cheque Amount - 15.40 OOO357 G& K SERVICES CANADA INC 1518541237 SHOP TOWELS, FLOOR MATS 0411512010 I 178.94 008/'27 Cheque Amount - 178.94 OO127O GORD ROESCH Training OAFC ANNUAL MTG & TRAINING 0412312010 I 1,441.55 008428 Cheque Amount - 1,441.55 OOO991 HORVATH AUTO PARTS 03t2312010 I 51.42 008r'.29 0312512010 I 51.70 008429 o3t29t2010 I 33.88 008r'.29 03t3012010 I 82.26 008429 0313012010 I 42.38 008429 0410712010 I 28.25 008429 Cheque Amount- 289.89 OOO427 HYDRO ONE NETWORKS INC þr 25390-07266 UTILITIES - Vf ENNA STL O4l1gl2O1O I 563.79 008430 4pr25390-55002 UTILITIES - HWY 19 PB 0411912010 I 1,661.54 008430 Apr 50221-05009 UTILITIES - TREATMENT PLANT 0411912010 I 4,135.60 008430 Apr 6239È22001 UTILITIES - STRAF STL 04119120'tO I '1,045.46 008430 þr 62790-07266 UTILITIES - RICHMOND STL 0411912010 I 186.68 008430 Apr 8'1590-07297 UTILITIES - EDEN STL 0411912010 I 557.13 008430 Apr 87790-07295 UTILITIES - CORINTH STL 0411912010 I 233.98 008430 Cheque Amount - 8,384.18 000446 JACKIE BOOTLE Aprl5'-May15"l0 MANAGER FEES, LD CALLS, POSI 0412812010 I 801.57 00843'l Page 2 Cheque Register being Cheque #8332 to Cheque #8442 inclusive, except Cheque #8264 totaling $420,125.97 and Payroll Page 245 of 299 2009.11.27 6.3 9050 OOO572 MANULIFE FINANCIAL 100673620 MAYIo REMIT 100673766 MAY'10 REMIT 000633 NATURAL RESOURCE GAS LIMITED MUNICIPALITY OF BAYHAM Accounts Payable Royal Bank Cheque Register - 0412912010 Cheque Arnount - 04t16t2010 0/.t',t6t2010 Cheque Amount - 0412912010 l0:124M 00u32 008r'32 80'1.57 5,424.23 4,108.94 AprE1237841 Þpr81421241 Apr82238041 Apr E24200{1 þr8454O741 Apr E4540901 Apr E4541G01 Apr E5160G01 Apr Fl929GO1 Apr F2060G01 Apr F2686441 Apr G0621041 Apr G06305-01 Apr G06307{1 Apr G1570G01 Apr G4040741 000694 PAULGROENEVELD service award UTILITIES - FIREHALL UTILITIES - MED BLDG UTILITIES - PUMP#s uTtLtTtEs - s.c.c. UTILITIES. OFFICE UTILITIES- PUMP#2 UTILITIES - LIBRARY UTILITIES - GARAGE UTILITIES - EDISON MUSEUM uTtLtTtEs - v.c.c. UTILITIES. PUMP#6 UTILITIES - PB LIBRARY UTILITIES - MARINE MUSEUM UTILITIES. PB FIREHALL UTILITIES. PB OPP OFFICE UTILITIES - PB WORKS GARAGE 9,533.17 473.77 008433 143.38 008433 14.33 008433 330.84 008433 216.22 008433 13.57 008433 29.67 008433 526.76 008433 227.59 008433 47.30 008433 13.57 008433 75.80 008433 218.06 008433 u8.22 008433 12.08 008433 12-08 008433 0412012010 0412012010 04t20t201o 04t20t2010 04t20t2010 04t20t20'to 0412012010 0412012010 04t2112010 o4t21t20'to 0/'12',112010 0ø,12112010 0/.t2112010 0412112010 04t21t2010 0/.t2112010 OOO727 PUROI-ATOR COURIER LTD 408269802 001574 R-SAFEW RS-12306 Cheque Amount - REIMBURSE SERVICE AWARD O4I28I2O1O I Cheque Amount - COURIER SERVICE 04t1612010 I Cheque Amount - EYEWASH SOLUTION, WHEELS O4I19I2O1O I Cheque Amount - 0313112010 I Cheque Amount - 03t3112010 I 150.00 2,703.24 150.00 008434 008435 008436 008r'37 008438 23.54 23.54 95.52 OOO77O RODGER MARTIN #3 Mar'10 MARCH'10 K-9 CONTROL OOO832 SPRIETASSOCIATES 21OO74 STAGE ALTERATIONS S.C.C. 95.52 1,470.00 1,470.00 847.04 Cheque Amount -847.04 Page Cheque Register being Cheque #8332 to Cheque #8442 inclusive, except Cheque #8264 totaling $420,125.97 and Payroll Page 246 of 299 2009.11.27 6.3 9050 MUNICIPALITY OF BAYHAM Accounts Payable Royal Bank Cheque Register - 0412912010 001434 STANTEC CONSULTING LTD. 456247 RTCHMOND COMMUNTTYWATER 0411412010 I OOO874 TEAM TRUCKCENTRES Cheque Amount - ut20t2010 IBRAKEVAL\Æ RECALL Cheque Amount - 000966 WEBER'S WELDING & MFG 14244 REPLCE SHAFTS FOR SNOWPLO\ O4I2A2O1O 1 Cheque Amount - Cheque Run Total - 0412912010 10:l2AM 008439 388.41 Cheque Register being Cheque #8332 to Cheque #8442 inclusive, except Cheque #8264 totaling $420,125.97 and Payroll Page 247 of 299 2009.11.27 6.3 9050 W0742 RBC LIFE INSURANCE COMPANY 21842Mardf10 MARCH "I0 REMIT MUNICIPALITY OF BAYHAM Accounts Payable Royal Bank Cheque Register - O4l29l2O1O 04t29t2010 I Cheque Amount- Cheque Run Total - 0412912010 11:114M 00u42 63.43 l I Cheque Register being Cheque #8332 to Cheque #8442 inclusive, except Cheque #8264 totaling $420,125.97 and Payroll Page 248 of 299 A PAYROLL DAILY c0lt CANADA ECHNOL OGIES PORT DP T RUN: APR 20 zOLo N0: A PAGE: lIl5 GST REG: 1000574I3 RT000q COìIPANY PAGE: 3 DEBIT DATE: APR 21, 2010 DATE OF PAY: APR 25' 2010 UPDATE RE PANY TOTALSsORW I'IUNICIPALITY OF BAYHAI{ TOT PACKETS - 2 CURRENT FEDL TAX 8,42L.59 NR TAX PROV TAX EI CoNT L,AA7 .52 QPIP cAN PEN 4,54t.t4 QC PEN QC ltsF 0N EHT 981 .40 I{B HET NL HAPSET TOT STATS 15,83 I .65 CHEqUES DEPoSITS 37 ,436.02 US DEPS DED DEPS TOT NPAY 37 ,436.02 RRSP RTI ADJUST-DR ADJUST-CR CURRENT TOTAL 8,42L.59 I ,887.52 4,54L.L4 98I .40 15,E51.65 37 ,436.02 37 ,436.02 53 ,267 .67 Ir4,tt 5.7L 53,387 .49 OF SERVICE CHARGES YTD ADJUST I TEl{ PAYROLL RUNS YTD TOTAL 66,355.84 L4 ,L52.54 34,382 -32 7 ,435 .87 L22,326.6L 266 , L37 .00 50.00 266,LA7 .OO 388,5I5.6r 1,240.a4 62.05 TOT PAYROL SERV CHRG GST PST GRAND TOT 53 ,267 .67 r14.1t 5.7L 55,387.49 FEDL TAX NR TAX. PROV TAX EI CONT QPIP CAN PEN QC PEN QC HSF ON EHT I{B HET NL HAPSET TOT STATS CHEQUES DEPOS ITS US DEPS DED DEPS TOT NPAY RRSP RTI TOT PAYROL SERV CHRG GST PST ANALYS I S ITE}I HOURLY WORKPAYS COURIER FEE rt4.r1 UNITS CHARGE It !7.49 I 12.00 589,816.50 GRAND T0T UNITS CHARGE L 46.00 ITEII UNITS CHARGE SALARIED WORKPAYS 20 3I .80 PAY ADVICE FOLD 51 6.A2 TOTAL S./C SUBJECT TO GST IS: TOTAL PAYROLL DEBIT IS 53'387.49 DEBIT INFoRIIATION: 005 05I02 t0II923 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 # 8 3 3 2 t o C h e q u e # 8 4 4 2 i n c l u s i v e , e x c e p t C h e q u e # 8 2 6 4 t o t a l i n g $ 4 2 0 , 1 2 5 . 9 7 a n d P a y r o l l P a g e 2 4 9 o f 2 9 9 Page 250 of 299 Apr,21, 2010 9:314M County of Elein No, 5239 P, 2/2 Atb ElgrnCounty April20, 2010 Via Fax TO: All Gouncils of Municipalities in the County of Elgin Dear Council: County and municipalstaff have been meeting to discuss reimbursement rates, activìties and processes.in regard to the development of a new Maintenance Agreement for county roads. The new agreement is to be implemented January 1,2011. At its April 13, 2010 meeting, Elgin Gounty Councilapproved a recommendation from its engineering department that two municipaltreasurers and two municipal road supervisors, from four different municÍpalities, along with county staff and the county sol¡c¡tor, review the Road Maintenance Agreement; and, that county staff report back to Elgin County Gouncil, This letter is a request to your municipalit¡/ to recommend an appropriate staff mernber (road superuisor or treasurer) to serve on the sub-committee. Please submit your candidate's name by Friday, May 7, 2010. lf rnore than four names are submitted, the Warden will choose the sub-committee members and you will be notified. Thank you for your consideration of this request. lf you have any quesfions or comments, please do not hesitate to contact me, Yours truly, Susan McOonnell, Administrative ServÍces Coord i nator. Ext. 103 c.c. Clayton Watters, Director of Engineering Seruices 1 Gounly ol Elgln Admln¡Ellã tiYE EtlY¡oet 450 SunseÍ, D/ive sLlhofÌÊr, 0n NsR 5v1 FhonE: 519631-1460 wwfl.Él$ncounÈy.on-câ Correspondence dated April 20, 2010 from County of Elgin regarding "New Maintenance Agreement for County Roads". File: Page 251 of 299 Page 252 of 299 MU]VCIPALITYOF BAYHAM MEMORANDUM CIU DATE: APRIL 20,2010 TO: Council FROM: Lynda Millard, Clerk RE: Committee Appointrnents NUMBER: C2010-03 Recently three proposed changes to committee appointments were received and require Council's approval. The Calton Cemetery Board has recommended the appointrnent of Cheryl James to its' Board; and the Bayham West Board has recommended the appointment of Marlene Carter to its' Board. In addition, on April 15th, a resignation from the Smuck Cemetery Board was submitted by Harris Teall. Draft By-law 2010-042 incorporating these changes is attached for Council's consideration. Recommendation: "TIIAT StaffMemorandum C2010-03 be received; AllD TIIAT Bylaw 20ü0-042,being a by-law to further amend By-law 2010-001, by adding Cheryl James as a member of the Calton Cemetery Board, Marlene Carter as a member of the Bayham West Board and removing Ilarris Teall as a member of the Smuck Cemetery Board, be presented to Council for enactment." Attach: BlL20l0-042 Staff Memorandum C2010-03 regarding Committee Appointments. File: C12 Page 253 of 299 THE CORPORA-TIONOF-TH BY-LAW NO. 2010-042 BEING A BY-LA\il TO AMEND BY.LAW 2O1O.OO1 A BY.LAW APPOINTING MEMBERS TO BOARDS AND COMMITTEES OF TIIE MT]MCIPALITY WIIEREAS the Council of the Municipality of Bayham did by By-law 2010-001 appoint persons to Boards and Committees for the purposes of the Corporation; \ilHEREAS the Council of the Corporation ofthe Municipalityof Bayham didbyBy-law 2010-030 and 2010-039 amend such byJaw; AND WIIEREAS the Council of the Corporation of the Municipality of Bayham deems it necessary to further amend such by-law; NOW THEREFORE TIIE COT]NCIL OF TIIE CORPORATION OF TIIE MT]NICIPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. THAT the name Harris Teall be removed as a mernber of the Smuck Cemetery Board; 2. THÄT the name Cheryl James be added as a mernber of the Calton Cemetery Boa¡d; 3. THAT the name Marlene Carter be added as a member of the Bayham V/est Cemetery Board; 4. THAT in all other respects, ByJaw 2010-001 as amended, is hereby confirmed and remains unchanged; 5. TIIAT this by-law shall come into force and take effect upon final passing. READ A FIRST, SECOND AND TIIIRD TIME AND FINALLY PASSED THIS 6TH DAY OF MAY 2OIO. MAYOR CLERK Staff Memorandum C2010-03 regarding Committee Appointments. File: C12 Page 254 of 299 \ Gift of Life q Tällium Gift of Life Netrrvork ı22 University Ave., Suite 900 Toronto, ON MıG 1\ry7 let 416 3634001 Fax 416 3634002 w'ww.ffioflife.on.ca April2010 Kyle Kruger Administrator Municipality of Bayham P. O. Box 160 Straffordville, ON NOJ 1Y0 Dear Kyle, President and Chief Executive Officer Trillium Gift of Life Network A t-)L-\*J There are currently 1,600 people on the waiting list for life saving olrgan and tissue transplants in Ontario. Unfortunately, with only I7o/o of Ontarians with health cards registered as donors, many will not receive their transplants in time. The good news is that with every Ontarian who registers consent to become an organ and tissue donor, we are increasing the chance of saving a life. We need your help to make that difference. April 18 - 25, 20JD is National Organ and fissue Donation Awareness lffeek. Your support is vital to mobilizing your community to help save lives. This package contains the Gift of Life flag and copy of a public proclamation. You can help make the public more aware of the need to register donation consent and show your support in one of the following ways: . Fly the Gift of Life flag during National Organ and Tissue Donation Awareness Week . Issue a public proclamation . Post the proclamation and a message of support on your website . Let us send you a digital button that you can post on your website that will lead people to the Gift of Life consent registration form (Ì:ltpltiayurlesn/anteifLo.flife) . Host a registration drive Please contact us at 416-927-7355 or at awaren-es-stryeek@gftsflr{e-o_¿.ea and let us know how you can help. Thank you in advance for your support. Yours truly, Tl¡llium Gift of Lif€ Notwork Rós€Eu lrillium poul le don de vle Correspondence dated April 2010 from Trillium Gift of Life Network regarding "National Organ and Tissue Donation Page 255 of 299 Page 256 of 299 STEALTH SIGNAL 2O1O Spring is upon us and the Straffordville Stealth Mídget boy's fastball team is training hard at the Ontario Police College in order to prepare for what promiseJto be an exciting and potentially rewarding year of competitions. Our 2010 lineup of athletes reiurns as defending 2009 O.R.S.A. "4" Ontario Midget Boys Champions, Ontario ProvincialTournament Silver Medalists, South Oxford League Season Champions and the 2009 North American Championships Silver Medalists, which has qualified our team for the 2010 World Fastball Championships-held in Midiand, Michigan in August. Our Stealth team will once again eriter all of these top levet competitions in 2010 in hopes of bringing home th; GOLD for our entire community to share in and be proud of for many years to come. Wit[ the potential of our Stealth balt team competing in 45 to 50 games all over the province and Michigan this year our ball club not only requires strong dedication from players, coaches, management, minor ball and parents but also much needed and appreciated financial support from our local sponsors wishing to help partner within our team in order to cover some of the expenses created by building such a strong competitive team. Theses expenses include tournameñt entry fees, insurance costs, equipment costs, umpire fees, diamond maintenance, uniforms etc. This creates a demand for each player.to raise $300.00 each in sponsorship funding. lf you wish to sponsor one of our athletes this year and support the Strafrordvrlle Stealth team we are asking for $100.00 per sponsor. Your business or family name will be proudly displayed on a sign at the Straffordville commun¡ty park, a team sponsor banner WILL BE HUNG behind our team bench at home and away games and you will be mentioned on a thank you to team sponsors spring team story about the Stealth team upcoming in the Aylmer Express and Tillsonburg News as well as a season wrap up story in the fall. Please be assured our players represent our community with great dignity and pride as they strive to bring success to each and everyone involved. Upon your approval of sponsoring one of our athletes could you please make your cheques payable to Straffordville Minor Balt. (A non profit organization) Sincere[y, AUã'w LovelL 519.866.3255 Head Coach/Manager/Team Sponsor/Minor Ball President Straffordville Stealth Midget Boys Fastball Team q ct5 @rofty Fhor, walf u Wínlov, Cweríngs IWTCIIELLE ØIL LOVELL 560 Talbot St ..tãt,Aylmer ON N5H 2W2 Phone: 5I9-765-I77I Fax 519-765-1788 Correspondence received April 28, 2010 from Straffordville Stealth Midget Boys Fastball Team requesting financial support for Page 257 of 299 Page 258 of 299 t--\ 1 CORPORATION OF THE MUNICIPALITY OF BAYHAM STAFF MEMORAI\DUM TO: Mayor & Members of Council FROM: Kyle Kruger, Administrator SUBJECT: Cemetery Markers - Public Works Yard DATE: April 19,2010 FILE: SCq At the April 15th, 2010 Council meeting, questions were raised regarding two markers currently located at the public works yard. Council requested some information on their background/status. Staff have advised that the two markers were delivered a number of years ago to the works yard by a resident who advised they located them on their private property. The resident advised at the time that they did not know where the markers came from, but speculation was they may have originally been from the Old Eden Cemetery. The information on the markers is as follows: 1. Phebe Wife of Zebulun Leach Died June 2,1853 2. In memory of Margaret Denton Wife of Ben J. Shippy Died Sept. 2, 1850 Staff Memorandum regarding Cemetery Markers - Public Works Yard. File: S09 Page 259 of 299 Page 260 of 299 1 CORPORATION OF THE MUNICIPALITY OF BAYHAM STAFF MEMORAI\DUM TO: Mayor & Members of Council FROM: Kyle Kruger, Administrator SUBJECT: Plank Road Boundaries - Mary Taylor inquiry DATE: April 14,2010 FILE: -f-st" As directed by Council, staff have been in contact with Mr. Kim Husted in regard to concerns expressed by Ms. Mary Taylor respecting Plank Road boundaries and surrounding properly surveys. Mr. Husted advises that surveys prepared in the vicinity, including that supplied to Ms. Taylor regarding her property, are coffect. He fuither advised the survey done for Ms. Taylors properly has been reviewed by the Association of Ontario Land Surveyors, and several lawyers who have contacted him, and all has been expressed as satisfactory. Mr. Husted further discussed the MTO physical survey done in the 1930's (which is registered at the land registry offrce), and Plan 54 (the Village of Vienna plan). He advised that plan 54 is a depiction, which was not laid out on the ground. Without having been monumented, existing features may not fit the locations as depicted on that plan (ie: Plank Road or the river itself were not surveyed on the ground for Plan 54). For that reason, existing surveys may not fit the location exactly as depicted on Plan 54. He further suggested this is quite common and recognized in many areas/villages. (Please note: information above is the staff understanding from phone conversation with Mr. Husted - staff have not requested he provide any comment in writing) Staff Memorandum regarding Plank Road Boundaries - Mary Taylor inquiry. File: T06 Page 261 of 299 Page 262 of 299 THE CORPORATION OF THE MT]NICIPALITY OF BAYHAM BY-LA\ryNO.2010-042 BEING A BY-LAW TO AMEND BY.LAW 2()1().0()1 A BY.LAW APPOINTING MEMBERS TO BOARDS AND COMMITTEES OF THE MTJNICIPALITY WHEREAS the Council of the Municþality of Bayham did by ByJaw 2010-001 appoint persons to Boa¡ds and Commiuees forthepurposes ofthe Corporation; WIIEREAS the Council of the Corporation of the Municipalþ of Bayham did by By-law 2010-030 and 2010-039 amend suchby-law; AND WIIEREAS the Council of the Corporation of the Municipality of Bayham deems it necessaryto further amend such byJaw; NOW TIIEREFORE THE COUNCIL OF'TIIE CORPORATION OF THE MTTMCIPALITY OF BAYHAM ENACTS AS F'OLLOWS: 1. TIIAT the name Hanis Teall be removed as a mernber of the Smuck Cemetery Board; 2. THAT the name Cheryl James be added as a mernber of the Calton Cemeter.y Boa¡d; 3. THAT the name Marlene Ca¡ter be added as a menrber of the Bayham West Cemetery Board; 4. TIIAT in all other respects, By-law 2010-001 as amended, is hereby confirmed and remains unchanged; 5. THAT this by-law shall come into force and take effect upon final passing. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 6M U¡.Y oF MAY 20t0. MAYOR CLERI( By-Law 2010-042 A By-Law to further amend By-Law 2010- 0001 (Appointing Members to Boards and Committees) Page 263 of 299 Page 264 of 299 THE CORPORATION OF THE MT]NICIPALITY OF BAYHAM BY-LAW NO. 2010-044 A BY-LAW TO AUTHORIZE THE EXECUTION OF AJ\I AGREEMENT BET\ilEEN THE MUNICIPALITY OF BAYIIAM AND Wilson Lawn Care & Snow Removal FOR THE PROVISION OF LANDSCAPING SERVICES \ilHEREAS the Municipality of Bayham is the registered owner and/or lessee of the lands shown on the various maps attached hereto as "Map #1" , "Map #2" , "Map #3", "Map # 4" and "Map #5", hereinafter referred to as the "lands" AND WIIEREAS the Council of the Corporation of the Municipality of Bayham is desirous of entering into an agreement for provision of landscaping services on these lands. THEREFORE THE COUNCIL OF THE CORPORATION OF THE MT]MCIPALITY OF'BAYHAM 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 byJaw between the Municipality of Bayham and Wilson Lawn Care and Snow Removal for the provision of landscape services. 2. THAT this by-law shall come into full force and effect upon the final passing. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 6th DAY OF May 2010. MAYOR CLERK By-Law 2010-044 A By-Law to authorize the execution of an agreement (Wilson Lawn Care & Snow Removal) Page 265 of 299 Schedule " A" BIL 2010-044 LANDSCAPE SERVICES THIS AGREEMENT made in trþlicate this BETWEEN day of ,2010. WILSON LAWI\ CARE AND SNOW REMOVAL ( hereinafter referred to as the "Contractor" ) of the First Part -and- THE CORPORATION OF THE MT]NICIPALITY OF BAYHAM (hereinafter referred to as the "Municipality") ofthe Second Part WHEREAS the Municipality is the registered owner and/or the lessee of the lands shown on the various maps attached hereto as "Map #1", "Map #2","Map#3","Map#4" artd "Map #5", hereinafter referred to as the "lands"; AND WHEREAS the Contractor wishes to provide landscape services for the said lands; AND WIIEREAS in consideration of the payment of the sum of monies as described within the context of this agreement by the Contractor to the Municipality and other good and valuable consideration, the sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. The Municipality grants permission to the Contractor to enter upon municipal lands for the purpose of maintaining the lands. 2. The Contractor agrees to provide landscape maintenance as needed for the lands. 3. The Municipality shall pay to the Contractor for the following properties, the total sum, payable in equal monthly installments: Port Burwell - Map # 1 None -2- By-Law 2010-044 A By-Law to authorize the execution of an agreement (Wilson Lawn Care & Snow Removal) Page 266 of 299 Schedule " A" B lL 2010-044 Vienna - Mao #2 Area M (Edison Museum -14 Snow St & southside vacant lot) $l10.25 - glass - flower beds- litter pick up, dump & dispose of garbage can contents A¡ea N (Vienna Communþ Centre & Ball Park - 26 Fulton St.) 5320.25 - grass - litter pick up, dump & dispose of garbage can contents Straffordville-Map#3 Area O(Firehall - 55764 Third SÐ $ 89.25 - grass Area P (Municipal Office - 9344 Plank Road & S 152.25 Library - 9366 Plank Road) - grass - flower beds Area Q (Medical Centre - 9299 Plank Road) $ 89.25 - glass - flower beds Area R @ayham Community Centre & Park - 56169 Heritage Line) $ 446.25 - gass - litter pick up, dump & dispose of garbage can contents Area S (Parkette - 56301 Heritage Line @ Plank Road) $ 68.25 - gmss - flower beds - litter pick up, dump & dispose of garbage can contents Area T (3934 Plank Road Pump Stn 5 ) $ 47.25 - grass Eden - Map #4 Area U (community mailbox - Plank Road @ Eden Line) $ 47.25 - grass -3 - By-Law 2010-044 A By-Law to authorize the execution of an agreement (Wilson Lawn Care & Snow Removal) Page 267 of 299 Schedule " A" BIL 2010-044 Area V (Eden Community Centre & Pa¡k - 56967 Eden Line) $ 257.25 - grass - litter pick up, durnp & dispose of garbage can contents Area W (11403 Plank Road Pump Stn l) $ 68.25 - grass Corinth - Map #5 Area X (Community Park - 54286 Best Line) S 236.25 - grass - litter pick up, dump & dispose of garbage can contents Area Y (SÆ Comer Culloden Road /Best Line) $ 68.25 - grass Richmond Community Park (53906 Church St) $ 110.25 - grass - litter pick up, dump & dispose of garbage can contents 4. The Contractor agrees to indemnifi, the Municipality and save it harmless from and against any and all claims, actions, damages, liability, and expenses, in connection with loss of life, personal injury, or damage to propefy arising from any occurrence on said lands howsoever such claims may arise, providing proof of liability insurance not less than $ 2,000,000 prior to }'lay 7,2010 and that the insurance shall name the Municipality of Bayham as an additional insured. 5. The Contractor will observe and adhere to the standards set out in Appendix "A" attached hereto. 6. The Contractor shall not impede parking, pedestrian or vehicular trafhc to the subject lands. 7. The Municipality shall have access to the site and surrounding areaat all times. 8. The Contractor shall not subcontractany or all of this agreement without the prior and express approval of the Municipality. 9. This Agreement may be terminated at any time by either party giving the other party 30 days written notice of termination. -4- By-Law 2010-044 A By-Law to authorize the execution of an agreement (Wilson Lawn Care & Snow Removal) Page 268 of 299 Schedule " A" BlL 2010-044 IN WITNESS WHEREOF the Contractor and the Municipality have hereunto set their hands and Corporate Seals this day of May,20l0. SIGNED, SEALED AND \ryITNESSED THE CORPORATION OF THE MT]NICIPALITY OF BAYIIAM Lynn Acre, MAYOR In the Presence of ) Lynda Millard, CLERK ) ) ) CONTRACTOR ) ) ) ) ) ) ) ) -5- By-Law 2010-044 A By-Law to authorize the execution of an agreement (Wilson Lawn Care & Snow Removal) Page 269 of 299 Schedule "4" B/L 2010-044 Appendix "A" LANDSCAPE MAINTENANCE SCOPE OF WORK 1. GENERAL.LANDSCAPE SERVICE 1.1 Except as otherwise expressly provided the contractor shall fumish all the necessary labour, materials and equipment to perform the work specified in this contract. 1.2 The contractor shall be solely responsible for loss or damage of his equipment and for any material delivered to him from whatsoever source. 1.3 The contractor shall be responsible for all damages caused during the execution of the work and shall impose as little inconvenience as possible on the residents during the performance of this contract. 1.4 All work performed by the contractor shall be executed to the satisfaction of the municipality. 1.5 Failure to provide and maintain a standard of service and workmanship acceptable to the Public V/orks Manager will, at his discretion, result in an altemate contractor being hired to do the work with the cost of the same deducted from payment to the original contractor. Repeated failure to meet our standards of service and workmanship will result in termination of the contract. 2.I TERMS OF CONTRACT This contract shall be in force for a period of one year, coÍrmencing May 1 in the year in which it has been awarded, and may be renewed for an additional two years at the agreement of both the contractor and the Public V/orks Manager. 2.2 PAYMENT Invoices shall be submitted on a monthly basis starting one month from the coûrmencement of work. 3. DESCRIPTION OF WORK 3.1 Lawns and Grassed Areas 3.1.1 Thoroughly rake all grassed areas to remove debris and dead grass early in May. -6- By-Law 2010-044 A By-Law to authorize the execution of an agreement (Wilson Lawn Care & Snow Removal) Page 270 of 299 Schedule " A" BlL 2070-044 3.1.2 All debris shall be picked up prior to mowing operations. Mowing of all turfed areas shall be performed on a regular basis to ensure gtass does not exceed 4" in height. The grass is not to be cut to a height of less than2". 3.1.3 Excessive grass clippings shall be raked and disposed of by the contractor immediately after each mowing operation. 3.1.4 Municipal grassed area along public roadways abutting the projects are included in this contract. 3.1.5 Trimming of grass adjacent to curbs, sidewalks, fences, trees, flower beds, benches, buildings, light standards, hydrants, etc. shall be done immediately after each mowing. 3.1.6 Leaves shall be raked and disposed of regularly once they begin to fall from the trees in autumn. 3 .l .7 Edging of hedges and sidewalks shall be completed on a monthly basrs so that these areas have a neat and well maintained appearance. 3.1.8 Aerate turf using equipment which removes plugs of soil in June. 3.1.9 Fertilizer shall be applied on all grassed areas in the spring and fall in two (2) passes of opposite directions, using % recommended rate of application to ensure even coverage. The contractor shall notify the Public'Works Manager at least 24 hours prior to commencement of the fertilizing application. Fertilization shall conform to the recent changes in the regulations as to banned substances. 3.1.10 Weed repellant for broad leaf weeds only. shall be applied on all grassed areas in the spring and fall during the two (2) passes of opposite directions, using %therecommended rate of applicationto ensure even coverage. The contractor shall notifr the Public V/orks Manager at least 24 hours prior to commencement of the weed repellent application. Note:-A Weed and Feed combination may be used in place of fertilizer and weed repellant under items 3.1.9 and 3.1.10. 3.2 Hard Surface Areas 3.2.1 All hard surface areas, which includes parking lots and sidewalks, must be swept clean each time the Contractor is performing work on site. 3.3 Plants and Plantine Beds -7 - By-Law 2010-044 A By-Law to authorize the execution of an agreement (Wilson Lawn Care & Snow Removal) Page 271 of 299 Schedule " A" B lL 2010-044 3.3.1 Prepare flower beds. The contractor shall noti$ and consult with the Public Works Manager regarding the planting of annual flowers each spring. Flower beds are to be weeded and maintained on a weekly basis. 3.4 Prunine and Fertilizins Trees 3 .4.1 Pruning for trees up to I 6 feet in heighl Pruning shall consist of the removal of excess sucker gtowth, dead wood and interfering growth, the thinning of branches where necessary, clearing growth from buildings and the shaping of trees. All pruned branches of a diameter greater than I inch and all exposed wood or scars resulting from previous work damage shall be painted with approved tree wound paint. Trees and branches which are weak shall be cabled or braced in accordance with approved tree bracing methods. Workmen shall not be permitted to climb live trees with climbing spurs, but they shall employ accepted tree climbing methods. Timber, brush and all other debris resulting from this work shall be entirely removed from the project and disposed of by the contractor at his own expense on the same day trees are pruned. 3.4.2 Trimming, and removal of dead growth, of all hedges and shrubs shall be performed during June (evergreens ), in June, July and September (deciduous) and vines are to be trimmed as required to present a neat appearance. 3.5 Debris and Garbase Disposal 3.5.1 Debris and garbage can contents shall be disposed of by the contractor in a manner acceptable to the Public Works Manager. -8- By-Law 2010-044 A By-Law to authorize the execution of an agreement (Wilson Lawn Care & Snow Removal) Page 272 of 299 VIENNA MUNICIPALITY OF BAYHAM B y - L a w 2 0 1 0 - 0 4 4 A B y - L a w t o a u t h o r i z e t h e e x e c u t i o n o f a n a g r e e m e n t ( W i l s o n L a w n C a r e & S n o w R e m o v a l ) P a g e 2 7 3 o f 2 9 9 B y - L a w 2 0 1 0 - 0 4 4 A B y - L a w t o a u t h o r i z e t h e e x e c u t i o n o f a n a g r e e m e n t ( W i l s o n L a w n C a r e & S n o w R e m o v a l ) P a g e 2 7 4 o f 2 9 9 \ftrÊ4 MUNrcrPALrrY oF BAyH;Mlf SOHEDULE 'A' ll 0 20Om 400m Scole 'l : '!0,000 @1 By-Law 2010-044 A By-Law to authorize the execution of an agreement (Wilson Lawn Care & Snow Removal) Page 275 of 299 f)An.€na By-Law 2010-044 A By-Law to authorize the execution of an agreement (Wilson Lawn Care & Snow Removal) Page 276 of 299 TIIE CORPORATION OF THE MTJNICIPALITY OF' BAYHAM BY-LAW NO. 2010-045 A BY.LAW TO AUTIIORIZE THE EXECUTION OF AN AGREEMENT BET\MEEN THE MT]NICIPALITY OF BAYIIÄM AND LEN FROESE OPERATINGAS GROUND EFFjE,CTS LANDSCAPE AND DESIGN FOR TIIE PROVISION OF BY.LAW ENFORCEMENT YARD MAINTENANCE SERVICES WHEREAS the Municipality of Bayham is desirous of entering into an agreement for the provision of yard maintenance services associated with by-law enforcernent on an "as needed" basis; AND WIIEREAS the Council of the Corporation of the Municipality of Bayham is desirous of entering into a contract agreement for provision of said services with Len Froese O/A Ground Effects Landscape and Design. THEREF'ORE THE COT'NCIL OF'THE CORPORATION OF'THE MTJNICIPALITY OF BAYHÄM ENACTS AS FOLLOWS: l. THAT the Mayor and Clerk be and are hereby authorized to execute the Agreement attached hereto as Schedule'1A" and forming part of this ByJaw between the Municipality of Bayham and with Len Froese O/A Ground Effects Landscape and Design for the provision of yard maintenance services associated with byJaw enforcement on an "as needed" basis. 2. 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 6Ih DA.Y OF MAY 2010. MAYOR CLERK By-Law 2010-045 A By-Law to authorize the execution of an agreement (Froese - Ground Effects Landscape and Design) Page 277 of 299 Len Froese, - I - Schedule uA" BlL20l0-045 Ground Effects Landscape and Design YARD MAINTENANCE SERVICES THIS AGREEMENT made in triplicate this day of ,2010. BETWEEN: LEN FROESE O/A GROUND EFFT,CTS LANDSCAPE AND DESIGN (hereinafter refe,lred to as the "Contractor") of the First Part -and- TIIE CORPORATION OF THE MI'NICIPALITY OF BAYIIAM (hereinafter referred to as the "Municípality") of the Second Part WHERIAS the Municipality of Bayham is desirous of entering into an Agreement for the provision of yard maintenance services associated with By-law Enforcement on an "as needed" basis, within the geographical arcaof the Municþality of Bayham; AND WHEREAS the Council of the Corporation of the Municipality of Bayham is desirous of entering into a contract agreement for provision of said services with Len Froese, O/A Ground Effects Landscape and Design. NOW TIIIS AGREEMENT WITNESSETH AS FOLLO\MS: 1. The Contractor hereby covenants and agrees to perform yard maintenance services as requested and specified by Bayham ByJaw Enforcement Officers, at residences within the Municipality of Bayham. 2. The Municipality hereby covenants to pay to the Contractor the sum of EIGHTY ($80.00) DOLLARS per hour, plus applicable G.S.T. Payment will be made within twenty (20) days following the submission of completed and approved invoice. Extra charges (example: tipping fees regarding debris to be disposed of) will be charged to the Municipality in addition to the hourly rate. Written confirmation of the amounts expended on behalf of the Municipality will be provided and attached to the invoice reflecting said charge. 4. The Agreement shall take effect upon the execution of this Agreement for a period up to and including April 30,2013, and maybe renewed for an additional three years at the agreement of both the Contractor and the Municipality, unless sooner terminated in accordance with the Agreement or by agreement of the parties. By-Law 2010-045 A By-Law to authorize the execution of an agreement (Froese - Ground Effects Landscape and Design) Page 278 of 299 Len Froese,-2-Schedule u A" BIL 2010-045 Ground Effects Landscape and Design 5. 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. 6. 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 Agreønent. 7. It is understood by the parties that all services carried out hereunder by Len Froese, O/A Ground Effects Landscape and Design shall be as an independent contractor and not as an employee of the Municipality. 8. Any notice required to be given under this Agreement must be in w¡iting and in the case of the Municipality, to: The Clerk, The Municþality of Baytram 9344 Plank Road, PO Box 160, Süaffordville Onta¡io NOJ lYO and in the case of Len Froese, O/A Ground Effects Landscape and Design to: Len Froese,OlA Ground Effects Landscape and Design 51475 Talbot Line East, RR #1 Aylmer Ontario N5H 2Rl 9. That there have been no representations, oral or written, by either party, save as contained herein. The Contractor covenants and agrees as follows: (a) They shall, during the entire term of this Agreement, provide and keep in force for the benefit of the Municipalit¡ a comprehensive general liability insurance policy, including the Municipality as an additional insured, in an amount of not less than $2,000,000 providing coverage for and including bodily injury, death or property damage; (b) They shall furnish to the Municþalit¡ upon the execution of this Agreement, copies of the certificates of insurance, showing that they have complied with the provisions of Paragraph 5(a) including naming the Municipality as an additional insured. The Contractor shall indemniff and save harmless the Municipality and their employees from all actions, suits, claims and demands whatsoever which may arise directly or indirectly by reason of a requirement of this Agreement, save and except from damage caused by the negligence of the Municipality or their employees. The Contractor shall furnish to the Municipality, upon the execution of this Agreement, a Clearance Certificate issued by the Worþlace Safety & Insurance Board, which waives its rights under Section 11(3), R.S.O. 1990 of the Workers' Compensatíon Act to hold the Municipality liable for any liability of the Contractor for assessments and levies owing to the V/orþlace Safety & Compensation Board. In the case the Worþlace Safety & Insurance Board refuses to issue such certificate, a waiver form satisfactory to the municipality shall be executed. 10. 11. 12. By-Law 2010-045 A By-Law to authorize the execution of an agreement (Froese - Ground Effects Landscape and Design) Page 279 of 299 Len Froese, - 3 - Schedule "N'B/L 2010-045 Ground Effects Landscape and Design 13. The contractor shall use his or her own vehicle and yard maintenance equipment for carrying out the services requested. 14. The Municþality shall supply to the contractor an identification card bearing their photograph, which shall be displayed for all persons contacted by the contractor, while providing the services herein. Such card shall be returned to the Municipality immediately at the end of the service period. 15. This Agreernent shall ensure and be binding upon the Parties hereto when attached to and confirmed by ByJaw of the Council of the Municipalig and signing by the Contractor and shall notbe assigned without the consent of the Municþality. IN WIINESS WHEREOF I HAVE HEREUNTO SET MY HAND AND SEAL. CONTRACTOR: Date WITNESS: Date IN WITNESS WHEREOF THE CORPORATE SEAL OF THE MUNICIPALITY IS HEREUNTO AIIFII'FD AND ATTESTED BY THE PROPER SIGNING OFFICERS THEREOF. AUTHORIZÁ.TION: THE CORPORATION OF THE MIINICIPALITY OF BAYIIÁ.M BY.LA\M NO. #2010-045 Mayor Date Clerk Date By-Law 2010-045 A By-Law to authorize the execution of an agreement (Froese - Ground Effects Landscape and Design) Page 280 of 299 By-Law 2010-046 A By-Law to authorize the execution of a site plan agreement (Noels) Page 281 of 299 By-Law 2010-046 A By-Law to authorize the execution of a site plan agreement (Noels) Page 282 of 299 By-Law 2010-046 A By-Law to authorize the execution of a site plan agreement (Noels) Page 283 of 299 By-Law 2010-046 A By-Law to authorize the execution of a site plan agreement (Noels) Page 284 of 299 By-Law 2010-046 A By-Law to authorize the execution of a site plan agreement (Noels) Page 285 of 299 By-Law 2010-046 A By-Law to authorize the execution of a site plan agreement (Noels) Page 286 of 299 By-Law 2010-046 A By-Law to authorize the execution of a site plan agreement (Noels) Page 287 of 299 By-Law 2010-046 A By-Law to authorize the execution of a site plan agreement (Noels) Page 288 of 299 By-Law 2010-046 A By-Law to authorize the execution of a site plan agreement (Noels) Page 289 of 299 By-Law 2010-046 A By-Law to authorize the execution of a site plan agreement (Noels) Page 290 of 299 By-Law 2010-046 A By-Law to authorize the execution of a site plan agreement (Noels) Page 291 of 299 By-Law 2010-046 A By-Law to authorize the execution of a site plan agreement (Noels) Page 292 of 299 By-Law 2010-046 A By-Law to authorize the execution of a site plan agreement (Noels) Page 293 of 299 By-Law 2010-046 A By-Law to authorize the execution of a site plan agreement (Noels) Page 294 of 299 THE CORPORATION OF THE MT]NICIPALITY OF BAYHAM "";T#.il9;'å7&2010 BEING A BY-LAW TO AMEND BY-LAW No.7A56'2003' AS AMEI\DED WHEREAS the Council of the Corporation of the Municipality of Bayham deems it necessary to amend ZonngBy-law No. 245 6-2003, as amended; THEREFORE, the Council ofthe Corporation ofthe Municipality of Bayham enacts as follows: 1) THAT ByJawNo. 2456-2003,as amended, is hereby further amended by amending Schedule "4", Map No. 34,by deleting from the Agricultural (41) Zone and the Rural Industrial (M2) Zone and adding to the site-specific Rural Indushial (M2-9) Zone,those lands which are outlined in heavy solid lines and marked M2-9 on Schedule "4" to this By-law, which schedule is attached to and forms part ofthis By-law. 2) THAT By-lawNo. 2456-2003,as amended, is hereby further amended by adding the following new subsection: *ry 21.10.9.1 Defined Area M2-9 as shown on Schedule "4", Map No. 34 to this bylaw; 2I.10.9.2 Minimum LotArea ,*r* 21.10.9.3 Minimum Rear and Side Yard Denth @building 21.10.9.4 Minimum Rear Yard DePth 30.0 metres for the primary building (east lot line); 2L10.9.5 Permitted Uses t"* a*r."*tses, including an existing concrete/cement business One dwelling unit as an accessory use A commercial use as an accessory use 21.I0.9.6 SunplementalResulations A bufler ship as described in Section 4.28.6, shall be provided along the southerly side lot line, and along those portions ofthe front yard where open storage is located." 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 ofthe prescribed time; or By-Law Z578-2010 A By-Law to further amend By-Law Z456- 2003 (Oakley/Noels) Page 295 of 299 b) Where notice of objection has been filed with the Municipat Clerk within the time prescribed by the Planning Act and regulations pursuant thereto, upon the approval of the Ontario Municipal Board. READ A FrRST TIME THIS 6d'DAY OF May 2010. REN) A SECOND TIME THIS 6th DAY OF May 2010. READ A THIRD TIME AND FINALLY PASSED THIS 6ú DAY OF Mav 2010. MAYOR CLERK By-Law Z578-2010 A By-Law to further amend By-Law Z456- 2003 (Oakley/Noels) Page 296 of 299 I I ,o, Itor 122 LOr 123 LITTLE OT M2-9 - lr S TRAFFORDVI ILT (SEE SCHEDULE .F" t,4AP I) o Thrs rs Schedrile "4" tc, l¡)o l57B-?O ì 0, ç,,133q¡ r|oy of ltroy 2OlC) By-low th¡ 6th By-Law Z578-2010 A By-Law to further amend By-Law Z456- 2003 (Oakley/Noels) Page 297 of 299 Page 298 of 299 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2010-047 A BY-LA\il TO CONFIRM ALL ACTIONS OF THE COTJNCIL OF THE CORPORATION OF THE MTJNICIPALITY OF BAYIIAM FOR THE REGT]LAR MEETING IIELD MAY 6,2010 WHEREAS under Section 5 (1) of the Municipal Act, 2001 S.O. 2001, Chapter 25,the powers of a municþal corporation are to be exercised by the Council of the municipality; AI\D WIIEREAS under Section 5 (3) of the Municipal Act, 2001, the powers of Council are to be exercised byby-law; AND WIIEREAS the Council of the Corporation of the Municipality of Bayham deems it advisable that the proceedings of the meeting be confirme.d and adopted by by-law. THEREFORE THE COI]NCIL OF THE CORPORATION OF THE MT]NICIPALITY OF BAYIIAM ENACTS AS FOLLO\üS: 1. THAT the actions of the Council of the Corporation of the Municipality of Bayham in respect of each recommendation and each motion and resolution passed and other action by the Council at the regular meeting held May 6,2010 is hereby adopted and confirmed as if all proceedings rilere expressly embodied in this by-law. 2. TIIAT the Mayor and Clerk of the Corporation of the Municipality of Bayham are hereby authorized and directed to do all things necessary to give effect to the action of the Council including executing all documents and affixing the Corporate Seal. READ Ä FIRST, SECOND AND THIRD TIME and finalty passed thi5 6th day of May, 2010. MAYOR CLERK By-Law 2009-047 A By-Law to confirm all actions of Council Page 299 of 299