HomeMy WebLinkAboutOctober 07, 2010 - CouncilCOUNCIL AGENDA
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
9344 Plank Road, Straffordville
October 7, 2010
7:00 p.m.
7:30 p.m. - Public Meeting - Planning (Zoning)
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 September 16, 2010.
(b)Added Item(s)
4.DELEGATIONS
(a)7:05 p.m. - Wanda Hoshal regarding Estherville rededication and stones.
5.INFORMATION ITEMS
(a)News Release dated September 2010 from Communities in Bloom Ontario
regarding "50 Ontario communities honoured at 2010 Communities in Bloom
Ontario Awards".
File: A01
(b)Correspondence dated September 14, 2010 from the Corporation of the County of
Huron regarding "domestic content requirements".
File: A16
(c)Correspondence dated September 24, 2010 from the Township of Malahide
regarding "Joint Compliance Audit Committee".
File: A16
(d)Bayham Harbourfront Committee minutes of meeting held September 14, 2010.
File: C06
(e)Elgin Group Police Services Board minutes of meeting held September 15, 2020.
File: C06
7-15
17-20
21
23
25-26
27-30
Page 1 of 161
Council Agenda October 7, 2010
Page
5.INFORMATION ITEMS
(f)Correspondence dated September 29, 2010 from Otter Valley Chamber of
Commerce regarding "Bayham-Elgin Business Expo Cancelled for 2010".
File: C13
(g)Correspondence dated September 23, 2010 from Union Gas regarding "Application
with the Ontario Energy Board".
File: E06
(h)Correspondence dated September 28, 2010 from Ministry of Agriculture, Food and
Rural Affairs regarding "Premier's Award for Agri-Food Innvoation Excellence".
(application forms available at the Municipal Office)
File: M02
6.PLANNING, DEVELOPMENT, RECREATION & TOURISM
1.Correspondence and Reports
(a)Staff Report D2010-32 regarding Froese Severance E45/10.
File: D10.10 Froese
(b)Staff Report D2010-33 regarding Peters Subdivision North Hall Subdivision
Agreement.
File: D12.08 PETERS
2.PUBLIC MEETING
(a)ITEM TO BE DEFERRED UNTIL THE REGULAR COUNCIL
MEETING SCHEDULED FOR NOVEMBER 4, 2010 AT 7:30 P.M.
1.Public Meeting
(a)7:30 p.m. - Graydon Rezoning - zoning by-law amendment application
proposing the rezoning of property located at Part Lot 13, Concession 9,
56084 Talbot Line.
2.Declaration of Pecuniary Interest and the General Nature Thereof
31
33-35
37-38
39-48
49-69
Page 2 of 161
Council Agenda October 7, 2010
Page
3.Staff Presentation
(a)Staff Report D2010-31 regarding Graydon Rezoning.
File: D14
4.Public Comments
5.Council Comments and Questions
6.Adjournment
7.Disposition of Item
7.ROADS, AGRICULTURE & DRAINAGE
(a)Staff Report D2010-009 regarding Bartley Municipal Drain.
File: E09
(b)Staff Report PW2010-18 regarding Pavement Edger.
File: T06
(c)Staff Report PW2010-19 regarding Clarke Bridge Update.
File: T04
(d)Staff Report PW2010-20 regarding Winter Control Contracts 2010/2011.
File: L04
(e)Staff Memorandum regarding MNR Meeting - Conveyance of Part of Chatham
Street. Staff Report PR2010-08 regarding Conveyance to MNR - Part of Chatham
Street (deferred from August 7, 2010 meeting).
File: T09
8.PROPERTY, BUILDING & PROTECTIVE SERVICES
(a)Building Permit Report for month ending September 30, 2010.
File: P10
71-85
87-88
89
91-93
95-98
99
Page 3 of 161
Council Agenda October 7, 2010
Page
8.PROPERTY, BUILDING & PROTECTIVE SERVICES
(b)Correspondence from Bayham Community Policing Committee regarding "Port
Burwell intersection of Robinson and Wellington Streets".
File: C13
(c)Correspondence from The Royal Canadian Legion, Port Burwell regarding
"Remembrance Day Parade".
File: R06
9.FINANCE, ADMINISTRATION & PERSONNEL
(a)Cheque Register being Cheque #9122 to Cheque #9227 inclusive, except Cheques
#9120 totaling $1,322,391.68 and Payroll Disbursements for the period ending
September 19, 2010 totaling $50,332.10.
(b)Correspondence received October 1, 2010 from County of Elgin regarding
"Installation of Tourism Signage".
File: A16
(c)Staff Memorandum regarding Letter from Jo-Lynn Pt. Burwell Inc. re Rezoning
Fees.
File: D14
(d)Correspondence dated September 21, 2010 from Ontario Energy Board regarding
"Amendments to the Gas Distribution Access Rule."
File: E06
(e)Staff Memorandum regarding East Elgin Mapping Partnership - Potential Inclusion
of County of Elgin.
File: L04
(f)Verbal staff update regarding International Plowing Match volunteer recognition.
10.ENVIRONMENT
(a)Staff Report E2010-10 regarding Richmond Water Hydrogeological Assessment
Update.
File: E08
11.COMMITTEE OF THE WHOLE
101
103
105-121
123
125-126
127-131
133-134
135-137
Page 4 of 161
Council Agenda October 7, 2010
Page
11.COMMITTEE OF THE WHOLE
(a)In Camera.
(b)Closed session minutes of the regular meeting of Council held September 16, 2010.
(c)Out of Camera.
12.BY-LAWS
(a)By-Law 2010-077 A By-Law to convey part of unopened road allowance
(Chatham Street)
(b)By-Law 2010-090 A By-Law to authorize a subdivision agreement (Peters)
(c)By-law 2010-091 A By-law to confirm all actions of Council
13.ADJOURNMENT
(a)Adjournment
139
141-160
161
Page 5 of 161
Page 6 of 161
COUNCIL MINUTES
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
9344 Plank Road, Straffordville
September 16,2010
7:00 p.m.
The regularmeeting of the Council of the Municipality of Bayham was held on Thursday,
September 16,20L0 in the Council Chambers. Present were Mayor Lynn Acre, Deputy Mayor
CliffEvanitski, Councillors Mark Taylor, Walme Casier and Ed Ketchabaw, Administrator Kyle
Kruger and Clerk Lynda Millard.
Planning Coordinator / Deputy Clerk Margaret Underhill and Fire Cbtef /By-Law Enforcement
Offrcer Gord Roesch, 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 PECUNIARY INTEREST & THE GENERAL NATUR"E
THEREOF
None.
3. APPROVAL OF MINUTES AND ADDITION OF'AGENDA ITEMS
(a) Minutes of the regular meeting of Council held September 2,2010.
2010-375
Moved by Councillor W Casier
Seconded by Councillor M Taylor
I'THAT the minutes of the regular meeting held September 2,2010 be approved as
circulated."
CARRIED UNANIMOUSLY
(b) Added ltem(s)
2010-376
Moved by Councillor M Taylor
Seconded by Councillor W Casier
"THAT in accordance with Section 21 of Procedural By-law 2002-93,
Request from Ray Talbot for delegation regarding skateboard park in Vienna,
Request from Bayham Library for use of Municipal sign,
Request from Councillor Taylor for discussion regarding meeting with MNR and
Page I of9
Minutes of the regular meeting of Council held September 16,
2010.
Page 7 of 161
Request from Otter Vatley Chamber of Commerce for use of Municipal sign
be added to the agenda as items 4(b)' 9(f)' 9(g) and 9(h) respectively.'r
CARRIED UNANIMOUSLY
4. DELEGATIONS
(a) 7:05 p.m. - Wanda Hoshal regarding Estherville and related topics.
Mrs. Wanda Hoshal advised that a re-dedication service would be held for the Shippy and
Leach monuments at the Old Eden Cemetery on September 23rd at 5:00 pm. Rev. John
Gould, United Church, to preside. She noted that Council, staffand Steve Peters MPP are
invited to attend.
She suggested, rather than the scattered approach for placement of markers as presented
in the staffmemorandum, that the recovered marker foundations be kept in a more
centalized location and that all recovered stone segments be placed'
Mrs. Hoshal noted that no report had been received from the Cemeteries Regulations Unit
about the findings of the examination of surveys.
It was agreed that group representatives work with staff to come up with a satisfactory
solution forplacement of bases at Estherville.
Mayor Acre advised that she was unable to attend the re-dedication.
(b) 7: 15 p.m. - Ray Talbot regarding sketeboard park in Vienna'
Mr. Ray Talbot was in attendance to request that Council place signage recognizing the
contribution of Mrs. Ruth Horton as one of the leaders in the development of the Skate
Park in Vienna. He suggested that the area of the skate park be named Ruth Horton
Community Skate Park. He noted that the park volunteers and the Concemed Citizsns of
Vienna group are in support.
Council supported the idea and directed staffto work with Mr. Talbot to desigu and place
appropriate signage.
5. INFORMÄTION ITEMS
(a) Elgin Business Resource Centre newsletter "The Elgin Advantage" dated September
2010.
File: 416
lb) Correspondence received September 8,2010 from Correctional Service Canada
regarding "Restorative Justice Week 2010".
File: ,4.16
Page2 of9
Minutes of the regular meeting of Council held September 16,
2010.
Page 8 of 161
(c) Bayham Historical Society minutes of meeting held June 10, 2010'
File: C06
(d) Museums Bayham minutes of meetings held August 1l and September 8, 2010.
File: C06
(e) Lake Erie Region Source Protection Committee minutes of meeting held August 12,
2010.
File: E00
lfl Corespondence dated September 2,2010 from Tillsonburg District Memorial Hospital
regarding "Sand Plains Economic Development Fundu.
File: Fll
20t0-377
Moved by Councillor W Casier
Seconded by Councillor E Ketchabaw
"THAT information items 5(a) through 5 (Ð be recieved for information."
CARRIED UNANIMOUSLY
6. PL^ANNING. DEVELOPMENT. RECREATION & TOURISM
(a) StaffReport D2010-29 regarding Graydon Severance E40ll0.
File: D10.10 Graydon
The Planning Co-ordinator noted that rather than deferr¿I, provision of a conceptual plan
could be imposed as a condition for approval of the severance application. She added that
the conceptual plan would give Council less control over the development than a formal
plan of subdivision.
Councillor Taylor noted his opposition to decisions made based on assessment mapping
not necessarily being correct.
20t0-378
Moved by Councillor W Casier
Seconded by Deputy Mayor C Evanitski
"TIIAT StaffReport D2010-29 regarding the Graydon Severance 840/10 be
received;
AND TIIAT Council recommends to the Elgin County Land Division Committee
that severance application 840/10, submitted by Brian Graydon, be approved
subject to:
Page 3 of9
Minutes of the regular meeting of Council held September 16,
2010.
Page 9 of 161
1. submission of a conceptual plan of subdivision for the munÍcipalityrs approval
2. $500 cash-inlieu of parkland dedication fee
3. purchase of a municipal address sign
4. copy of the final survey be provided to the municipality."
CARRIED
(b) StaffReport D2010-30 regarding Dygos Site Plan Agreement / By-law 2010-089.
File: Dl I.DYGOS
20t0-379
Moved by Councillor M Taylor
Seconded by Councillor W Casier
"TIIAT StaffReport D2010-30 regarding Dygos Site Plan Agreement / Bylaw 2010-
088 be received;
AND THAT ByJaw No.2010-088, being a By-law to authorize the execution of a
Site Plan Agreement with Zygmunt and Rebecca Dygos and the Municipality of
Bayham, be presented for enactment."
CARRIED UNANIMOUSLY
7. ROADS. AGRICULTUR.E & DRAINAGE
8. PROPERTY. BUILDING & PROTECTIVE SERVICES
(a) Building Permit Report for month ending August 31,2010-
File: PlO
2010-380
Moved by Councillor W Casier
Seconded by Deputy Mayor C Evanitski
"THAT Building Permit Report for month ending August 31,2010 be received for
information."
CARRIED UNANIMOUSLY
9. F'INANCE. ADMINISTRATION & PERSONNEL
(a) Cheque Register being Cheque #9055 to Cheque #9121inclusive, except Cheque
#9104 totaling $312,116.18 and Payroll Disbursements for the period ending Sept. 5,
2010 totaling $60,608. 14.
2010-381
Moved by Councillor W Casier
Seconded by Deputy Mayor C Evanitski
Page 4 of9
Minutes of the regular meeting of Council held September 16,
2010.
Page 10 of 161
"THAT Cheque Register being Cheque #9055 to Cheque #9121inclusive, except
Cheque #9104 totaling $312,116.18 and Payroll Disbursements for the period ending
Sept 5,2010 totaling $60,608.14 be approved."
CARRIED UNANIMOUSLY
(b) Correspondence dated September 7,2010 from Spriet Associates regarding "Corinth
Pavilion".
File: C13
Staffwas requested to send a thank you to Spriet Associates for thei¡ offer.
20t0-382
Moved by Deputy Mayor C Evanitski
Seconded by Councillor W Casier
"THAT correspondence dated September 712010 from Spriet Associates regarding
Corinth Pavilion be received;
AND THAT Council accept the donation of necessary drawings and inspection and
final certification for the Corinth Pavilion from Spriet Associates."
CARRIED IINANIMOUSLY
(c) StaffReport PW20l0-17 regarding Waste Recycling Strategy - Continuous
Improvement Fund.
File: Fll
20r0-383
Moved by Councillor W Casier
Seconded by Deputy Mayor C Evanitski
"THAT StaffReport PW2010-17 regarding Waste Recycling Strategy - Continuous
Improvement tr'und be received;
TIIÄT Staff be authorized to proceed with finalizing arrangements with the
Township of Malahide and Municipality of Central Elgin for a joint Waste
Recycling Plan project; subject to their concurrence to proceed with such a
partnership;
TIIAT Staffbe authorized to proceed with an application to the Continuous
Improvement Fund for a Waste Recycling Plan project;
AND THAT Staff be authorized to call for proposals for a Consultant to develop a
Waste Recycling Plan for the municipal blue box recycling program, jointly with the
Township of Malahide and Municipality of Central Elgin subject to their
concurrence to proceed in partnership with Bayham.r'
CARRIED UNANMOUSLY
Page 5 of9
Minutes of the regular meeting of Council held September 16,
2010.
Page 11 of 161
(d) StaffMemorandum regarding Recovered Cemetery Marker Foundations - Glen Erie
Line.
File: S09
2010-384
Moved by Councillor M Taylor
Seconded by Deputy Mayor C Evanitski
"THAT Staff Memorandum regarding Recovered Cemetery Marker Foundations -
Glen Erie Line be deferred."
CARRIED UNANIMOUSLY
(e) StaffReport C2010-ll regarding Compliance Audit Committee Appointments.
File: C07
2010-385
Moved by Councillor E Ketchabaw
Seconded by Deputy Mayor C Evanitski
"THAT StaffReport C2010-11 regarding Compliance Audit Committee
Appointments be received;
AND TIIAT ByJaw 2010-087, being a by-law to appoint Patricia Miller, Amandeep
Taneja, Andrew Wright, Christine Scrimgeour and Dr. Tim Cobban to the
Municipal Election Compliance Audit Committee for the 2010 Municipal Election,
as required by the Municipal Elections Act,2006, as amended, be presented to
Council for enactment."
CARRIED UNANIMOUSLY
lfl Corespondence dated September 11, 2010 fro f
Municipal sign to advertise Amazing Race at
Saturday, September 18 at l:45 p.m.
File: C13
2010-386
Moved by Deputy Mayor C Evanitski
Seconded by Councillor E Ketchabaw
I'TIIAT correspondence dated September 11' 2010 from Bayham Library
requesting use of Municipal sign to advertise Amazing Race at the Bayham Library,
Straffordville, Saturdag September 18 at 1:45 p.m. be approved subject to
municipal needs."
CARRIED UNANIMOUSLY
Page 6 of9
Minutes of the regular meeting of Council held September 16,
2010.
Page 12 of 161
(g) Request from Councillor Taylor for discussion regarding the2Tthmeeting with the
MNR.
Councillor Taylor suggested deferral of this item to the new Council.
After discussion it was agteed that the meeting with MNR should proceed.
(h) Conespondence from Otter Valley Chamber of Commerce requesting use of Municipal
slgn.
File: Cl3
20r0-387
Moved by Councillor E Ketchabaw
Seconded by De,puty Mayor C Evanitski
"THAT correspondence dated September 1612010 from Otter Valley Chamber of
Commerce requesting use of the Municipal sign be received;
AI\D THAT Council grants permission to use the sign as requested, to advertise the
All Candidates meeting on September 29th and 30th and the Bayham - Etgin
Business Expo on October 23, subject to Municipal needs."
CARRIED UNANMOUSLY
(Ð Members of council inquired about staff activity regarding by-law enforcement.
10. EI\¡WRONMENT
11. COMMITTEE OF THE WHOLE
(a) In Camera.
2010-388
Moved by Councillor M Taylor
Seconded by Councillor E Ketchabaw
I'TIIAT the Council do now rise to enter into an I'In Camera" Session of Committee
of the Whole at7z56 p.m. to discuss:
o labour relations or employee negotiations.tr
CARRIED UNANIMOUSLY
(b) Closed session minutes of the regular meeting of Council held August 12, 2010.
PageT of9
Minutes of the regular meeting of Council held September 16,
2010.
Page 13 of 161
(c) Confidential Repof regarding labour relations or employee negotiations.
(Volunteer Fire Service)
(d) out of camera.
2010-389
Moved by Councillor E Ketchabaw
Seconded by Councillor M Taylor
I'THÄT the Committee of the Whole do now rise from the "In Camera" session at
8:11p.m."
CARRIED UNANMOUSLY
2010-390
Moved by Councillor E Ketchabaw
Seconded by Deputy Mayor C Evanitski
"THAT Staffbe directed to forward correspondence, as prepared by Steve
Goodwin."
CARRIED I.INANIMOUSLY
12. BY-LAWS
(a) By-Law 2010-087 A By-law to appoint members to the Elgin Municipal Election
Joint Compliance Audit Committee
(b) By-Law 2010-088 A ByJaw to authorize the execution of a site plan agreement
(Dygos)
2010-391
Moved by Councillor E Ketchabaw
Seconded by Councillor M Taylor
I'THAT By-Laws 2010-087 and 2010-088 be read a first, second and third time and
finally passed."
CARRIED UNANIMOUSLY
(c) By-Law 2010-089 A ByJaw to confirm all actions of Council
2010-392
Moved by Councillor M Taylor
Seconded by Councillor E Ketchabaw
"THAT confirming By-Law 2010-089 be read a first, second and third time and
finally passed."
CARRIED I-INANIMOUSLY
Page 8 of9
Minutes of the regular meeting of Council held September 16,
2010.
Page 14 of 161
Minutes of the regular meeting of Council held September 16,
2010.
Page 15 of 161
Page 16 of 161
OMMUNITIES
NüilIIðJK.
A()\
NEWS RELEASE
For immediate release to your local media.
September,2010
Visit our website at www.cibontario.ca for more information or contact luIs. Lee Rozon - Execalive Direclor,
CiB - Ontario toll-free at I-877-640-4005 or email cibontario@mountaincaþþ¡ct.
50 Ontario communities honoured at
2010 Communities in Bloom
Ontario Awards
Representatives of communities across Ontario were present in Sarnia on September24ú &25th,2010 to
celebrate their achievements at the Ontario Communities in Bloom Awards Ceremonies. Each received a
certificate and, where applicable, a Trillium Bloom Rating of Excellence and Special Mention of the
community's remarkable attributes or projects.
Nine communities were presented with Ont¿rio Special Category Awards in:
Tidiness o Environmental Awareness o Community Involvement
Natural & Cultural Heritage Conservation o Urban Forest Management
Landscaped Areas o Floral Displays o Turf & Groundcovers o Park ReviAlization
Communities in Bloom - Ontario, the Ontario Edition of the National Canadian Organization, is a non-profit
Canadian organization committed to fostering civic pride, environmental responsibility and beautification
through community participation and the challenge of friendly competition. The program strives to improve
the tidiness, appearance and visual appeal of Canada's neighbourhoods, parks, open spaces and streets
through the imaginative use of flowers, plants and trees. A focus on envi¡onmental awareness and the
preservation of heritage and culture is an integral part of its success resulting in an improved qualþ of life.
Ontario Catesorv Award Winners
CNTERIA AWARD SP ONSORED*/PRESENTED B Y KECIPIENT
Tidiness +Trvstan Site Furnishinss Municioalitv of Lambton Shores
Environmental Awareness
+Association of Municipalities of Ontario -
AMO
Prince Edward County Community
Greenspace - Picton Shire Hall Parkette
Community Involvement Ciw of Samia Town of Lincoln
Natural & Cultural Heritage
Conservation *Ontario Small Urban Municipalities - OSI-IM
Town of Goderich - Restoration of
Goderich Lishthouse & Garden
Urban Forest Management
+International Society of A¡boriculture -
Ontario Chapter
City of Markham - Grandview Park
Woodlot Restoration
Landscaped Areas
+Landscape Ontario Horticultural Trades
Association
City of Sarnia - Samia Horticultural
Societv Park Uocrade
Floral Displays EXPO lformerly Garden EXPO)
Cryatal Beach Beautihcation Committee -
Crvstal Beach Streetscapine Program
Turf& Groundcover CiB Ontario
Municipality of North Glengarry-
Beautification of Alexandria Town Hall
Park Revitalization Ontario Parks Association - OPA
City of Hamilton - Extreme Park
Makeover
News Release dated September 2010 from Communities in
Bloom Ontario regarding "50 Ontario communities honoured at
Page 17 of 161
CIB ONTARIO FULL PROGRAM_JADGED
The CiB Full Program is for those who aspire to excel in the CiB Ontario Program and advance to the
National and Intemational CiB Program. Two CiB Judges visit your community over a two day period
using a comprehensive evaluation form will report on the particular features and projects that the
community has undertaken and presented. The judges will offer constructive suggestions and
recommendations, in each of the eight criteria areas of Tidiness, Environmental Awareness, Community
Involvement, Natural and Cultural Heritage Conservation, Urban Forest Management, Landscaped Areas,
Floral Displays, Turf & Groundcovers.
COMMUNITIES IN BLOOM _ ONTARIO
2010 "Trillium Bloorn" Ratings fo¡ Provincial Edition
Population Category Community
5,001 - 10,000 Municipalþ of Bluewater
Municipality of South Huron
10,001 - 20,000 Municipalþ of Lambton Shores
20,001 - 50,000 Town of Lincoln 5 Blooms
City of Cornwall 5 Blooms
Scoring: 64% - 72.9% 3 Blooms; 73Yo to 81.9T, - 4 Blooms; 82olo or more - 5 Blooms
Congratulations to the 21 O ants:
Ctty of B".ttq -ity of eru-pto4 City of Dryden, Town of Essex, Cþ of Kawartha Lakes, City of Kingstoq City of
Oshawa, City of Pembroke, City of Stratford, City of Toronto, City of Vaughan, Community of Glen Morris (County
of Brant), Municipality of Chatham-Kent, Town of Aylmer, Town of Goderich, Town of Gravenhurst Town of
lngersoll, Town of Minto, Town of rWhitby, CFB - Kingstoq CFB - Petawawa.
These NationaVlnternational Finalists will receive their results at the national Communities in Bloom
National Syrrposium and Awards to be held in Halifax, NS on October 27 to 30,2010.
COMMUNITY SHOWCASE _ MEMBERSHIP
CiB Ontario makes it easy for you to showcase your community and assist you in your efforts to promote all
the great things in your community. Enjoy all the benefits of membership in the CiB Program in a
'Membership Only'' capacþ to help you in your efforts to maintain Communities in Bloom Ontario
standards with ongoing membership, continued support and networking through CiB-O to keep up to date on
current trends and practices.
Participating Community Category
Bloom Rating
4 Blooms
4 Blooms
5 Blooms
Program
Community Showcase
Communþ Showcase
Community Showcase
Community Showcase
Community Showcase
Community Showcase
Community Showcase
Communþ Showcase
Community Showcase
Cityof London MembershiP
City of Peterborough MembershiP
Municipality of Red Lake Membership
MunicipalþofsouthwestMiddlesex Membership
Municipality of Trent Hills Membership
Town of Carleton Place MembershiP
Town of Fort Erie MembershiP
Town of Huntsville MembershiP
Township of Front of Yonge Membership
News Release dated September 2010 from Communities in
Bloom Ontario regarding "50 Ontario communities honoured at
Page 18 of 161
COMMUNITY AWARD OF EXCELLENCE
Showcase your community project! Do you have an outstanding project, event or organization that should
receive special recopition? This program is suited to community groups with specific projects or geographical
segments within a community who are interested in participating in the Communities in Bloom progfam.
In partnership with Landscape Ontario Horticultural Trades Association and Municipal Cultural Planning Inc.,
each project is evaluated by a jury of professionals based on Community Spirit, Innovative Ideas &
Environmental Sustainability with one community selected as the winner of the CiB Ontario Award of
Excellence.
Program
Award of Excellence
Award of Excellence
Award of Excellence
Award of Excellence
Award of Excellence
Award of Excellence
Award of Excellence
Award of Excellence
Award of Excellence
Award of Excellence
Award of Excellence
Award of Excellence
Award of Excellence
Award of Excellence
Award of Excellence
Award of Excellence
Award of Excellence
Participating Community/Gro up
City of Hamilton
City of Hamilton
City of Hamilton
City of Markfiam
City ofNiagara Falls - Park in the City
Committee
City of Samia
City of Waterloo - University Downs
Neighbourhood Association
Crystal Beach Beautifrcation Committee
Friends of Pelee
Municipality of Kincardine
Municipalþ of North Glengarry
Municipality of Southwest Middlesex
Prince Edward County Community
Greenspace
Town of Bradford West Gwillimbury
Town of Goderich
Town of Huntsville
Town of Wasaga Beach
Project
Community Clean Trailer
Extreme Park Makeoverr
Hamilton Trillium Awards Program
Grandview Park Woodlot Restorationr
Olympic Torch Run Legacy Trail:
Revitalizing an Abandoned Rail Conidor
Samia Horticultural Society Park
Upgradeo
Universþ Downs Park Playground
Crystal Beach Streetscaping Progtam0
Beautification of Pelee
Tiverlon Environmenlal Green School
Project***
Beautification of Alexandria Town Hallr
2010 Open Garden Tour
Picton Shire Hall Parketteo
The Bear Carving
Restoration of Goderich Lighthouse &
Gardeno
The Brunel Historic Lift Locks Renewal
Project
Schooner Town Heritage Site
Restoration
Church Park Rehabilitation
Keeping Neustadt Blooming
Award of Excellence TownshiF of Red Rock
Award of Excellence Village ofNeustadt
I Calegory Award Winners
***Congratulations to the 2010 Winner of the CiB Ontario Award of Excellence:
MUNICIPALITY OF KINCARDINE Tiverton Environmental Green School Project
News Release dated September 2010 from Communities in
Bloom Ontario regarding "50 Ontario communities honoured at
Page 19 of 161
ANNOUNCING Tll/O EXCITING EVENTS in partnership with
L an ds cap e O nt ario H o rtíc ult ur øl Trade s A s s o cí ati o n
We cordially invite all Mayors & Councillors to be our guest to the
3rd Annual Green Communities, Parks & Partnerships Event
on Tuesday, January Il,20ll at Toronto Congtess Centre
There is excitement in the air these days as Ontario Parks Assocìation, Communities in Bloom and Landscape Ontario
have come together to Celebrate, Educate and Advocate for the "Enjoyment and Healthy Lifestyles' of our treasured
parks and greenspace sector.
These groups have over 150 years of collective greenspace and community leadership behind them. By combining
their mandates, Ontario Parks Association's "Protecting Tomorrow Today,' Communities in Blooms' "People, Plants
and Pride' and Landscape Ontario's "Green for Life," we can directly influence our sector's future, and enhance lives
for those of all ages and abilities
Green Communities, Parks & Partnerships event is designed to bring together over 200 municipal leaders, parks staff
and community stakeholders to develop strategies encouraging people of all ages and abilities to enjoy gardening,
recreational parks, parklands and landscapes.
For your free invitation or more information, please call Lee Rozon, CiB Ontario al 1-877-6404005.
Exciting news - Communities in Bloom Ontario in partnership with Landscape Ontario's
Expo is very pleased to announce that the 2011 CiB Awards will be held at EXPO -
Canada's largest fall trade show for lhe floral and garden industry!
Expo is produced by Landscape Ontario in partnership - for the third year in a row - with Flowers Canada (Ontario) lnc.,
Master Gardeners of Ontario, Niagara Economic Development Corporation, The Canadian Academy of Floral Art
(CAFA) and Plant Agriculture, University of Guelph. And for the first time ever, Expo will be the place to be for the
Communities in Bloom Provincial Awards, at the Toronto Congress Centre in October 2011.
The setting could not be more perfect and we extend an invitation for you to explore Expo 2010 on October 19-20,
2010. Expo connects more than 3,000 industry professionals - well-known retailers, greenhouse growers and nursery
operators, garden centre owners, florists, gift and mass merchant retailers plus hundreds of landscape designers and
interior plantscape professionals - in Canada's largest horticultural events. For the past two years, the show has
been re-designed to focus on the opportunity for visitors to network with their peers and make new connections.
Attend Expo 2010 and be inspired, network, learn new trends, see
exc¡ting displays of vivid and fragrant floral displays! Register by
October 1,2010 to attend FREE at www.gardenexpo.ca
A very specíal thanks to oar
Sponsors ønd Partners
.s:r.J*
PARTtrERS
DOttntEUÍr0 åPOlfiìCñt
,d.h.h¡F
åp-:¡r*çs' Æ*""t *tÉræt ¿¿{rllç+t*F:
PIITXERS
Mætcr Gardffic of Ontdio
MurtciÞal Cutrurãl PlamÍcg lnc-
Onta!ío Ho.ticultural Asoôíålion
Onhrio Parl€ A$ociâlion
Pårks úd Rær6titr Ontario
Rursl Ontario Munic¡pal Asooídtion
fûmedyCrvdt*úFbnIW
Be our guest at
Expo 2010 -
register for free by
Oct. 1,2010
News Release dated September 2010 from Communities in
Bloom Ontario regarding "50 Ontario communities honoured at
Page 20 of 161
Corporation of the
5
FHU
COUNTY CLERK, Barbara L. Wilson, CMO
1 Court House Square, Goderich, Ontario N7A 1M2
bwi lson@ hu roncou ntv, ca
5 19-524-8394 (ext. 257)
Fax 5L9-524-2O44
Ontario Power Authority,
c/o microFlT Program,
Suite 1600,
120 Adelaide Street West,
Toronto, ON
M5H 1T1
epte 4'n, 010.EC EN
FP2n2o'o
u COPV
A/u
MUNICIPALITY OF BAYHA
The Council of the Corporation of the County of Huron passed a Motion
at their Ninth Session on September 1't, 2010 directing that this letter be
submitted to you.
Council is requesting written confirmation of domestic content
requirements from equipment suppliers or installers become mandatory at
the time a system is ordered and approved to the Ontario Power Authority
(OPA); as paft of the microFlT application process.
Council is requesting that the OPA investigate making domestic
content inspections of microFlT projects mandatory; and, also consider
prequalifying Ontario suppliers and providing a list of companies and
installers to potential applicants.
As you are aware delays in the approval process are continuing to
have a negative affect on the industry's ability to grow and create new jobs.
The Corporation of the County of Huron is appealing to you to consider
its requests as these matters have implications for agriculture and economic
development in the County of Huron.
Sincerely, - / '
ertuÊal"z"''¿
Barbara L. Wilson, CMO,
County Clerk,
County of Huron.
c.c. The Honourable Carot Mitchell, Minister of Agriculture Food and Rural
Aftairs
þnewable Energy Facilitation Office (email REFO@ontario.ca)
1f,ll municipalities in Ontario
Correspondence dated September 14, 2010 from the
Corporation of the County of Huron regarding "domestic content
Page 21 of 161
Page 22 of 161
09/24/20L0 FRr 11!53 rAx 519 773 5334 rwP OF
87 John Street South,
Aylmer, Onlorio NsH 2C3
Telephone: 51 9-7 7 3-53 44
Fox: 519-773-5334
www.molohide.co
MÀTAITIDE ++r I¿yþ¿¡,
5
Municipality of
/tt
QXoo1/oo1
m/iiäfüä"Í
A proud tradition, a brightfuture.
September 24,2010.
MunicipalClerks of:
Municipality of Bayham,
Municipality of Central Elgin
Municipality of Dutton/Dunwích
Municipality of West Elgin
Town of Aylmer
Township of Southwold
RE: . Joi4t Compliance Audit Gommittee " '' '':-,j'ii"'! ¡'j;':,i,,;
Please be advised that the Malahide Township Council pasded ttre folloWing '
Resolution on September 16, 2010: :: ' . ,'l: "¡ti' ,:."'"::.
THAT Report No. 10-23 entitled "Compliance Audit Committee Appointments"
be rcceived;
AND THAT the following individuals be appointed to the Elgin Election Joint
Gompliance Audit Comm ittee:- Dr. Tim Cobban- Patricia Miller- Christene Scrimgeour- Amandeep Taneja- Andrew Wright
ln addition, the Malahide Township Council enacted By-law No. 10-64 to formally
appointthe above noted members to the Elgin Elect¡oñ Joint Compliance Audit
Committee.
Yours very truly,
TOWNSHIP OF MALAHIDE
UtWC¡a"",t",*-(^-,,2¿
M. CASAVECCHIA, D.P.A., C.M.O., CMM III
Ch ief Ad m in istrative Officer/Clerk
Nnalahide6.local\usersfles$Hiana\diana's ñles\Michelle - 201O\joint compliance audit committee - sept l6.doc
-1
it -.
MrcHEll¡ m. cASAvEccHtA
Chief Adminishotive Officer/Clerk
mcosovecch io@molohide. co
susÄN E. w[soN
Dkector of Finonce
swilson@molohíde.co
Correspondence dated September 24, 2010 from the Township
of Malahide regarding "Joint Compliance Audit Committee".
Page 23 of 161
Page 24 of 161
3
Bayham Harbourfront Committee gOØ
Minutes of Meeting
held at Schooners Landing, Port Burwell Ontario
September 14,2010
7:00 pm
Present: Brenda Martin, Ron Bradfield, Craig Gregson, Ron Flick, Ray Talbot, Doug Lester and
Mark Taylor
Regrets: Heinz Vogelsang, Barry Wade
Also Present: Kyle Kruger, Ed Bradfield, Lynn Acre
Guests: Alan Montgomery
1. Call to Order
The meeting was called to order.
2. Disclosure of Pecuniary Interest
None
3. Approval of Minutes
The Augus t 17 , 2010 and September 7 ,20 1 0 minutes were reviewed. It was noted that Lynn Acre
was in attendance at the September 7 meeting.
MOTION:
Moved by Doug Lester
Seconded by Ron Bradfield
That the Harbourfront Committee minutes of August 17 , 2010 and Septemb er 7 , 2010 be adopted
as circulated.
Carried
4. Committee Membership - Secretary
Lynn Acre volunteered to become a Committee member and assist as secretary to the Committee.
MOTION:
Moved by Ron Flick
Seconded by Doug Lester
That the Harbourfront Committee recommend to Council that Lynn Acre be appointed a member
of the Committee.
Carried
5. Dredging 2010 - Continued Works and Expanded Area
Committee members reviewed and discussed information brought forward regarding the potential
of purchasing a suction dredge. Information on a unit was circulated, the cost of which would be
$126,000. It was noted that the local manufacturer also provides service to the LPRCA. It was
also noted that there would be some additional cost for discharge hose etc. There was further
discussion regarding other potential units that could be available, including used ones. It was
suggested that there could be opportunity to partner with other port towns in the area, and some
kind of demonstration could be arranged. There was further discussion that this is a possibility
that should be considered further, and note that there may be more flexibility for a private
consortium vs municipal ownership and operation.
Ron Bradf,reld advised that he had approached Talisman Energy (now Dundee) about
contributions for dredging, including the potential expanded areato the Talisman dock area. He
Bayham Harbourfront Committee minutes of meeting held
September 14, 2010.
Page 25 of 161
6.
was advised that they are willing to discuss the possibility, but need a firm proposal/costing. [t
was also noted that spring works may be better received. There was discussion and questions
regarding whether dredging at this time of year would have any benefit, and regarding any
available "window" that regulations allowed in the spring. It was suggested this may not be the
best time to invest in works. Staff outlined recent discussions with provincial and federal
offrcials regarding Project Ojibwa, which indicated that works in DecemberlJanuary may be
possible. It was noted that the agencies may consider a proposal if put forward.
MOTION:
Moved by Doug Lester
Seconded by Ron Flick
That a dredging project description be drafted with the assistance of Frank Laemers for an inner-
harbour dredging project with a December/January timeframe.
Carried
2011 Budget and Projects
Staff outlined the usual municipal budget process and timelines, noting that staff complete the
draft budget through October/1.{ovember. It was requested that the Committee consider and
advise of proposed budget items in October. It was noted that the Committee had wanted to
ensure that the pier improvements was not lost, and also that the priorities may be continued
encouragement for pier improvements and dredging.
There was discussion of approaches, including the implementation of smaller items over the
winter period for items such as benches, and of the need for an overall development plan for the
area, including the Ojibwa development.
Other Business
Proj ect Oj ibwa Update/Discussion
Elgin Military Museum representative Alan Montgomery provided additional updates regarding
Project Ojibwa. He advised they are now taking the more concrete next steps including
completion of a Phase 1 EA for the sub footprint, and retention of an engineer for the site
requirements. He advised they would be starting aggressive fundraising, and noted higher end
fundraising is already started. Finally, he noted that they would be attending a meeting with
Commander Finn in Ottawa next week.
Documentary
Mayor Acre advised that a documentary rcgarding Project Ojibwa would be aired on the A-
Channel News Wednesday and Thursday nights.
Adjournment
MOTION:
Moved by Ron Bradfield
Seconded by Mark Taylor
That the Harbourfront Committee meeting of September 15, 2010 be adjourned at 8:10 pm.
Carried
Note: Next meeting Tuesday October 12,2010 at 7 200 pm at the Municipal Offrces.
7.
8.
Chairman Secretary Date
Bayham Harbourfront Committee minutes of meeting held
September 14, 2010.
Page 26 of 161
ç
Minutesof êOC
ELGIN GROUP POLICE SERVICES BOARD
September 15,2010
The Elgin Group Police Services Board met at the County Administration Building, 450
Sunset Drive, St. Thomas, at 2:00 p.m. with the following in attendance:
Tom Marks, Chairperson
Doug Gunn, Board Member
John R. Wilson, Board Member
Kathleen Schaper, Board Member
lnspector Brad Fishleigh, OPP, Elgin Detachment Commander
Superintendent John Cain, OPP, Director of Operations, Western Region Headquarters
Mark McDonald, Secretary/Administrator
Susan McConnell, County Administrative Services
Regrets: Duncan McPhail, Board Member
The Chair called the meeting to order at 2:00 p.m.
Adoption of Minutes
Moved by Gunn
Seconded by Schaper
THAT the minutes of the meeting held on July 21,2010 be adopted.
- Carried.
Disclosure of Pecuniarv lnterest - None.
Correspondence
1) Dianne Wilson, Deputy Clerk, Municipality of Central Elgin, resolution re: Kettle Creek
Drive/Landon Lane intersection.
2) OPP Commissioner Chris D. Lewis, Office of the Commissioner, thanking the board for
their kind words and support on his appointment of commissioner.
3) Joe Liscio, Director, Ministry of Finance, re: Ontario Status lndians Point of Sale
exemption implementation and agency preparation and refunds.
ln regard to correspondence item #1 from the Municipality of Central Elgin regarding
speeding complaints from Kettle Creek Drive/Landon Lane intersection in Belmont,
Fishleigh reported this item was discussed at a recent community policing meeting in
Belmont. Police have undertaken a number of initiatives to address the issue, including
radar tracking and enforcement. Police will continue to monitor the situation.
Elgin Group Police Services Board minutes of meeting held
September 15, 2020.
Page 27 of 161
Elgin Group Police Services Board September 15,2010
Moved by Wilson
Seconded by Schaper
THAT Correspondence ltems #1 -3 be received and filed.
- Carried.
The chair requested that minutes from all of the community policing meetings in Belmont
be forwarded to the board.
Reports
Detachment Commander's Report for the months of July and August 2010
Highlights included: Fishleigh came on board August 3,2010 as Detachment
Commander; the staff sergeant position has attracted 26 applicants with a short list of
eight applicants to be interviewed the last week of September; Elgin County has received
four new auxiliary officers; auxiliary patrol hours were down in July, due to a shortage of
otficers; general incidences increased over the summer; break and enters increased in
west Elgin.
ln response to a question from the chair, Fishleigh confirmed that a canvas of the
neighbourhood is a routine part of police investigations into break and enters.
Fishleigh presented background on the reasons behind the increase in overtime hours. He
said investigation into two fatalities, a current sexual assault investigation, an increase in
sudden deaths, and the investigation into and issuance of two significant drug warrants,
contributed to the overtime.
Schaper asked if future reports could show comparisons with other similar-size
detachments. Fishleigh noted that due to the nuances of detachments, comparisons were
difficult to make. He distributed police reports from the Perth detachment for the board to
consider as members review the format of the existing report. He asked members to come
back to the next meeting with ideas.
Moved by Gunn
Seconded by Wilson
THAT the Detachment Commander's Report for the months of July and August 2010 be
received and filed.
- Carried.
New Business
Update by Detachment Commander on Policinq for IPM (verbal)
Fishleigh updated the board on costs and resources for policing at the lnternational
Plowing Match (lPM). The priority is the safety and security of site and residents and
Elgin Group Police Services Board minutes of meeting held
September 15, 2020.
Page 28 of 161
Elgin Group Police Services Board 3 September 15,2010
visitors. Staffing will be supported by surrounding police detachments. The IPM will cover
the costs of six officers per day and for overnight security. The OPP will have an exhibit at
the site. The OPP pipes and drums, Gold Helmet motorcyclists, mounted equine unit and
other participants will be in the IPM parade on September 21,2010. The auxiliary unit will
participate in a recruitment display, as well as assist in staffing the lPM. A command post
will also be set up which will provide all the dispatch for emergency services. Site
commanders will be at the venue at all times
Insurance Policv Revisited Lverbal)
A report from Elgin County Director of Financial Services dated July 20, 2010, and
deferred at the July 21, 2010 meeting, outlined costs to cover insurance for some of the
Board members.
Moved by Schaper
Seconded by Wilson
That the insurance coverage be reinstated for members.
- Carried.
New Fee For Criminal Checks (verbal)
Fishleigh said that the OPP provincial policy states that volunteers were the only ones
exempted from paying the fee for criminal checks. Cain noted that the policy may not
apply to contract policing. Fishleigh will research the issue and bring information back to
the board. Official notification of the new fee has not been issued by the OPP yet.
Putnam Road lntersections (verbal)
Wilson said there have been some problems at two locations at Putnam Road, including
Lyons Road and Putnam. The media reported police were investigating the intersection.
Fishleigh said he will check the accident reports. The Wilson Line and Putnam Road
intersection was also discussed.
St. Thomas Emerqencv Dispatch Laq Time (verbal)
Gunn requested additional information on a dispatching issue where the dispatcher may
have confused the Elgin 911 number with Chatham-Kent. The confusion caused a
response delay of over two hours. Fishleigh will report back to Gunn.
(The media left the meeting).
Wilson provided information on construction of a new home by a ravine near Aylmer and
the possibility of activity requiring law enforcement.
Elgin Group Police Services Board minutes of meeting held
September 15, 2020.
Page 29 of 161
Elgin Group Police Services Board 4 September 15,2010
Adiournment
Moved by Gunn
Seconded by Schaper
THAT we do now adjourn at 3:12 p.m. to meet again on November 17,2010 at 2:00 p.m.
- Carried.
M. G. McDonald,
Secretary/Ad m in istrator.
Tom Marks,
Chair.
Elgin Group Police Services Board minutes of meeting held
September 15, 2020.
Page 30 of 161
5
ct3
From : Doug Lester [ma ilto :d lester@eagletree.ca]
Sent: September 29,20L011:51 AM
To: Doug Lester
Subject: Bayham-Elgin Business Expo Canceled for 2010
Members,
In spite of a successful event last year and an enthusiastic Business Expo committee this
year we do not have suffrcient interest/availability of local businesses to proceed with the
Bayham-Elgin Business Expo scheduled for October 23.
With the Plowing Match, Election, and other fall events it may be that this is not the right
time for such an event.
We will consider an April date in 2011.
To our sponsors, thank you for your support. We will not require your financial
assistance at this time, but hope you will consider supporting similar efforts in the future.
For those exhibitors who have already registered we will refund your fees.
Please pass the word on to your contacts.
Thank you.
Doug Lester,
President, OVCC
Togetherwe can malæ a diference
Phone: 519-8744477
'Web: www.ottervallevcharnber.com
Correspondence dated September 29, 2010 from Otter Valley
Chamber of Commerce regarding "Bayham-Elgin Business Expo
Page 31 of 161
Page 32 of 161
5
mr0ngas
A Spectra Energy Company
L (f€'
MUNICIPALITY OF BAYHAM
September 23,2010
VIA COURIER
TO ALL Clerks of Municipalities
Union Gas filed an application with the Ontario Energy Board on September 15, 2010 for
an order or orders approving or f,rxingjust and reasonable rates and other charges for the
sale, distribution, transmission and storage of gas effective January l,20lr.
Enclosed is a copy of the application, as well as a copy of the Notice of Application
issued by the ontario Energy Board on september 22,2010 under Docket No.
EB-2010-0148.
Çhtis Ripley
Manager, Regulatory Applications
Yours truly,
Encl.
Correspondence dated September 23, 2010 from Union Gas
regarding "Application with the Ontario Energy Board".
Page 33 of 161
Filed: 2010-09-15
EB-2010-0148
ONTARIO ENERGY BOARI)
IN THE MATTER OF the Ontario Energy Boa¡d
Act, 1998, S.O. 1998, c.15 (Sched. B);
AND IN THE MATTER OF an Application by
Union Gas Limited, pursuant to section 36(1) of the
Ontario Energt Board Ac[ 1998, for an order or
orders approving or fixing just and reasonable rates
and other charges for the sale, distribution,
transmission and storage of gas as of January 1,
20rt.
APPLICATION
1. Union Gas Limited ("Union") is a business corporation incorporated under the laws of the
province of Ontario, with its head office in the Municipality of Chatham-Kent.
2. Union conducts both an integrated natural gas utility business that combines the operations
of distributing, transmitting and storing natural gas, and a non-utility storage business.
3. Union \ryas an applicant in a proceeding before the Board for an order of the Board
approving or fixing a multi-year incentive rate ("IR") mechanism to determine rates for the
regulated distribution, transmission and storage of natural gas. The Board assigned EB-
2007-0606 to Union's application.
4. Union filed a Settlement Agreement with the Board on January 3, 2008, and an Addendum
to the Settlement Agreement on January I4,2A08 (collectively "Settlement"). The Board
accepted the Settlement on January 17 ,2008 and issued additional decisions on this
application on March 11 and July 31, 2008 dealing with the treatment of customer
additions, tax changes and risk management under IR.
Correspondence dated September 23, 2010 from Union Gas
regarding "Application with the Ontario Energy Board".
Page 34 of 161
5.
- Page2
The approved Settlement set a multi-year incentive ratemaking framework for calendar
years 2008 to 2012 inclusive. The framework includes a price cap index (PCÐ that is
structured as PCI: I - X + Z+ Y + AU, where I is the inflation factor, X is the
productivity factor, Zrcpresenis certain non-routine adjustments, Y represents certain
predetermined pass-throughs and AU is an adjustment for changes in average use of gas.
The IR mechanism approved for Union contemplatès the hling by Union of an application
for Z factor adjustments, structural rate design changes or the pricing of new regulated
services in a time frame that will enable these issues to be resolved in sufficient time to be
reflected prospectively in the next year's rates. This requires the filing of a draft Rate
Order with supporting documentation which reflects the impact of the PCI pricing formula
(Y factors, Z factors, fixed monthly charge changes, and AU factor) so that a final Rate
Order will be issued for implementation by January 7,2011.
Union hereby applies to the Board, pursuant to section 36 of the Act and pursuant to the
annual rate-setting process underlying the IR mechanism in the Settlement, for an order or
orders approving or fixingjust and reasonable rates and other charges for the sale,
distribution, transmission and storage of gas effective January 1,2071.
Union further applies to the Board for all necessary orders and directions conceming pre-
hearing and hearing procedures for the determination of this application.
This application is supported by written evidence that will be filed with the Board and may
be amended from time to time as circumstances may require.
The persons affected by this application are the customers resident or located in the
municipalities, police villages and Indian reserves served by Union, together with those to
whom Union sells gas, or on whose behalf Union distributes, transmits or stores gas. It is
impractical to set out in this application the names and addresses of such persons because
they are too numerous.
6.
7.
8.
9.
10.
Correspondence dated September 23, 2010 from Union Gas
regarding "Application with the Ontario Energy Board".
Page 35 of 161
Page 36 of 161
Ministère de l'Agriculture,
de l'Alimentation et
des Affaires rurales
Bureau du sous-ministre
77 , rue Grenville. 1 1" étage
Toronto (Ontar¡o) M7A 183
Té1.: 41 6 326-3101
Téléc.: 416 326-3106
September 28,2010
Please share the enclosed reìources wíth staffmembers who are responsibtefor
agri-þod innovation and economic development inyour municipality.
Dear Chief Administrative Officer/Clerk/Treasurer:
To recognize and foster the spirit of innovation that thrives in Ontario's agricultural
sector, the Ontario government established the Premier's Award for Agri-Food
Innovation Excellence in 2006 to reward outstanding agriculture and agri-food
innovators. This five-year, $2.5-ririllion award program encourages the development and
reóognition of innovations that add value to existing products, create jobs and drive
economic growth on our farms and in our rural communities.
Each year, up to 55 regional innovations will be recognized. Regional winners will
rgceive a plaque, afarm-gate sign, various promotional materials and $5,000. The top
two innovations will be chosen from among the regional winners to receive either the
Minister's Award valued at up to $50,000, or the Premier's Award valued at up to
$100,000.
The first four years of this program were very successful. More than 700 individuals and
businesses applied to the program outlining their ideas, inventions and innovations. With
your help, we can generate more applications and make this year even better.
Individuals or groups representing agri-food businesses and organizations are invited to
submit applications. To be eligible, at least one of the applicants must be a farmer. The
innovation must have been developed and in use on an Ontario farm or in the planning
stages of develoþment with a plan toward implomentation within the agriculture and
agri-food sector. The innovation must also have potential for use on a broader basis and
demonstrate a positive effect on the agricultural industry.
Details on eligibility, innovation categories, assessment criteria, the application process
and selection process can be found in the enclosed 2010 Application/Nomination
Guideb ook or at www. ontario. calagrifoodinnovation.
-)
Ministry of Agriculture
Food and Rural Affai¡s
Office of the Deputy Minister
77 Grenville Street, 11fr Floor
Toronto, Ontario M7A 183
Tel: 41 6 326-3'l O1
Fax: 416 326-3106
Ministry Headquarters: 1 Stone Road West, Guelph, Ontario N1G 4Y2
Bureau principal du ministère: 1 Stone Road West, Guelph (Ontario) NlG 4Y2
¡4o t
ntar¡o
Good Things Grow in Ontario
A bonne terre, bons produits
-M-
l2
Correspondence dated September 28, 2010 from Ministry of
Agriculture, Food and Rural Affairs regarding "Premier's Award
Page 37 of 161
Municipalities
Page2
The enclosed materials have been developed to make people aware of the opportunities
provided by this award. I ask that you encourage outstanding agriculture and agri-food
innovators to submit an application/nomination by the deadline of 5 p.m. on
November 15,2010.
Should you require additional resources, please contact the Agricultural lnformation
Contact Centre at I -87 7 -424-1300 or ag.info.omafra@ontario.ca.
I am also pleased to enclose a copy of a brochure that highlights the winners of the
2009 Premier's Award for Agri-Food Innovation Excellence.
Thank you for your assistance, and I look forward to learning about agri-food innovations
in your community.
Sincerely,
Enclosure
Correspondence dated September 28, 2010 from Ministry of
Agriculture, Food and Rural Affairs regarding "Premier's Award
Page 38 of 161
CORPORATION OF THE MUNICIPALITY OF BAYIIAM
STAFF REPORT
TO: Mayor & Members of Council
FROM: Planning Coordinator/Deputy Clerk
SUBJECT: Froese Severance E45ll0
DATE: October 1,2010
FILE: D10.10 Froese
NUMBERI D2010-32
Purpose
To consider a consent application for creation of a new lot.
Background
A consent application was received from the Elgin County Land Division Committee submitted
by Dan and Tina Froese proposing to sever a parcel 6272 sq.m. (1.55 acre) and retain
approximately 34.4 hectare (85+ acre) agricultural parcel. The subject lands are municipally
known as 8510 Plank Road, Concession STR Part Lot 124. The subject land is designated
"Agriculture" in the.Official Plan and zoned Rural Commercial (RC) and Agriculture (Al) in the
Zoning By-law N o. 24 5 6 -2003 .
Staff & Planner Comments
The portion of the subject land zoned Rural Commercial consists of 7000 m2 11.7 acres),
formerly known as Blondeel Nursery Inc. New owners, Dan and Tina Froese wish to sever the
Rural Commercial portion of land from their farm holding for the purpose of selling the lands to
the persons operating the current garden & fruilvegetable market.
In reviewing the application it was realized that information was missing from the application
sketch - septic field bed location; location of the road access for the pole barn on the retained
land; location of the pump house stated to be on the retained lands. Also, the sketch proposes the
greenhouse attached to the pole barn straddle the lot line. A property line cannot divide a
structure. Therefore, staff have included a condition to remove the greenhouse. In speaking with
the owner, he indicated the lot line cannot be extended because he wishes to retain the pole bam
and agrees to the removal of the greenhouse.
The planner and staff support the application and the intent to separate the established rural
commercial use from the surrounding farmlands. It is an existing use that is zoned separately and
is consistent with our consent policies in the "Agriculture" designation. The subject lands are
considered to be a conforming use within the Off,rcial Plan based on the existing approved
zoning. With the recommended amendments and conditions, staff and the planner could support
the severance proposal.
Attachments
1. Consent ApplicationB4íll}
2. IBI Group Memorandum dated October 4,2010
Staff Report D2010-32 regarding Froese Severance E45/10.
File: D10.10 Froese
Page 39 of 161
Staff Report D2010-32 Froese
Strategic Plan Goal(s)
Goal # 6 Provide and encourage attractive lifestyle choices.
RECOMMENDATION
page2
"TIIAT StaffReport D2010-32 regarding the Froese severance be received;
AND THAT Council recommend to the Elgin County Land Division Committee that
severance application E45ll0, submitted by Dan and Tina Froese, be amended:
o to indicate where the septic field bed system is located servicing the office and
garden centre to ensure that it is located wholly within the proposed severed lot
boundaries
o to indicate the location of the county road access for the pole barn on the retained
lands
o to indicate the location of the pump house stated to be on the retained lands
AND THAT subject to the amendments Council recommends the approval of the
application subject to the following conditions:
1. copy of the final survey be provided to the municipality
2. $500 cash-in-lieu parkland dedication fee payable to the municipality
3. removal of the greenhouse in its entirety or relocated and/or reduced in size in
accordance with the Agricultural (41) Zone regulations or Rural Commercial (RC)
Zone regulations
4. confirmation of approved access to County Road 19 for the pole barn on the
retained lands
Reviewed by,Respectfully submitted,
ng Coordinator/Deputy Clerk
Staff Report D2010-32 regarding Froese Severance E45/10.
File: D10.10 Froese
Page 40 of 161
APPLICATON FOR CONSENT iî4 s'lL{}i''f':'
Name of öwne/s lolicltor or authódzed agent
Address
Tefephone Number
Please siecify to whom all communlcations should be sent:
Owners (X) Sotfcitor ( ){sent ( )
3. (a) Type and purpose of proposed tansactioh: (check appropriate space)
Tnansfer: V creation of a new lot
-
Other charge
addition to a lot
easement
other purpose
(b) Name of person(s), if known, to whom land or interest ln Iand is to be kansfened, leased or
charged:
(c)
4- (a)
lease'
conection of title
lf a loi addition, idenüff the lands to which the parcel will be added:
(b)
Location of land:
Municipality ConcesslonNo. <Tp
Are there any easements or restrictlVe covenants affecting the subjeot land?
Yes ( ¡ ttto !X) If Yes, descrÍbe the easement or covenànt and its effeot:
Description of to bê retained:' (Accurate Measurements in Mefüc)
Description of land intended to be severed: (Accurate Measurements in Metric) Ü?-1?- r"¡-
Frontase,4Lt-fr,%floepnwO.f{ ?7.q4þNe i "fS,ilg:
Existing u"" €aoJe*¿en*or Proposed use Çnalett- Øm*etf
Number and use of buildings and structures (both eisting and proposed) on the land to be
sdvered;
histing Use
tlf! 7//"0çf) oeptn .?77;# tú - n.a ! l{ fre..c
Proposed Use
Number and use of buildings-and sh.lctures on the land to be retained:
0n Sôfllcat
DrlvÊ
Sllhom!å Qn NsR svl
Phono:519' ô!1.tr460
wrvrY.ellfî{uBù.on¡r
7.Þ 0
HECEIVET] SEP O 7 2010
fi Á tftz 'Q 'de
Staff Report D2010-32 regarding Froese Severance E45/10.
File: D10.10 Froese
Page 41 of 161
7.
8.
-2-
Number of new lots proposeå (not includlirg rehlned tob)
Type of access for proposed and reta¡nà lot (check appropnate spa;
TYPE
Provinctal Highway
Munlcþal road, maintained alt year'
Municipal road, seasonalþ máintained
Other pubtic road
Rþhtof Way
Wateraccess
illfi,Hìï "åi"i,f' by water, rivrrat boat docktng .ro o;¿ facitities,are avairabte :, ì"
()
(speciff)
\Mat t¡pe of water supply is proposed: (check appropriate space)TYÞE PROPOSEDLoT
Publicly owned and operated piped water s¡ætem
' Prtuately owned and operated ¡tidiv¡dualwell
Prfuately owned and operated communalwell
Lake or other uater body
Other means (speciff)
()
, (r0
,( )
()
10.whattypa of sewage dlsposat îs proposed: (check appropriate space)TYPE PROPOSFpLoT
Priw ( )
Other means (speciff)
\^/hen wlll watø supply a¡d sewage dísposal services be avairabre?
What is^the Exi.çting designation(s), if any, of the subject land?
Zoning, if any the subject land?
()
()
11.
Y te.
{rg.
.14.
'
15.ff this application ís a ftj-sqbmission of a previous consent application, describe how it has been '
changed from the originalappl ;ation '' -"- -'r-¡-r--¡--¡¡r r
li ') C7 7 t '0Ãt
Staff Report D2010-32 regarding Froese Severance E45/10.
File: D10.10 Froese
Page 42 of 161
' -3-
(b) tf the.answer.lo (a) Þ Jes, elease tndicate previous severances on the requlred sketch and
supply the follgwing inforrnation for each lot severed:
.. Grantee's äame
'
Relaüonsntp (ff äny) to qunår . . . -' '.' ' . . '
'Use of parcel
, ' pate parcel created
17. Iå th9 9wner,-solicltor, or agent applying for additional coñsents on this holding simulta¡eousty
with this appllcáttion, or conside¡ing applylng for additional consents ln the future?
: Yes ( ) No (ì0'
18. [sthe düþject !åno cr5re¡lV,ttre
-sgÞJect of a,propose! dmäiur phn or ofiiclat phn amer.¡dmçnt :. ' that has been submitted to the Ministerfor appror¡af? ' . :'
Yes () No (n
lf Yes, and known, specify the Ministy fife number and status of the application
19. ls the subject land cunentlythe subject of an application for a zoning by-law amendmenl
Ministe¡"s zoning order amendment, rninor variance, or approval of a plan of subdivlsion?
Yes () No (X)
lf Yes, and known, speciff the appropriate file number and status of the application
ú.20. Isthe'application conslstentwith polícystatemenbissued undersubsection 3(1)of the Planning- Act?
Yes () No ( ) i
21. Is the subject land within an area designated under any provlncial plan or pfans?
Yes() No@
lf yes, does the application conform to or conflictilrth the appllcable provlncial plan or plans
22. SKETCH:
The application shall be accompaníed by a sketch showÍng the following;
- the þoundades and dimensions of the subject land, the partthat is to be severed and the
part that is to be rêtained;
- the boundaries and dimensîons of any land owned bythe owner of the subjeot land and
that abub the subject land;
- the dîstance between the subject land and the nearest toumship lot line or landmark, such
as a raflway crossing or bridge:
- the locatlon of all land previously severed from the parcel originally aoquired bythe cunent
owner of the subjec't land;
- the approximate losation of all natúrd and artificial'features on the subject land and
adjacent lands that ln the opinion of the appllcant may affec,t the application, such as
buildings, railways, roads, ulatercourses, drainage ditches, river or stream banks,
wetlands, wooded areas, well and septic tanks;
- the existing use(s) on adjaceni lands;
- the location, width and name of any roads withín or abuttíng the súbject land, indicating
whether it is an unopened road allowance, a public tmvelled road, a private road or a right
of uny;
- if access to ihe subject land is by water only, the location of the parking and boat docking
facilÍties to be used;
- the location and nature of any easemerit affecting the subject land.
c ') ç77h'0N l,TlHÁfl:Á ôllli 'Q 'dee
Staff Report D2010-32 regarding Froese Severance E45/10.
File: D10.10 Froese
Page 43 of 161
¡f oat"catne N*s\ìc:gJ,þ * B? L*- , _
davof A a^o *" I
-
23.
24.
zo [Ð
AFFIDAVIT OR SWORN DECLARATION
n¡le Ðn y\ Fr¿l.sf 4+1,- ã¡esr . of the
solemnly. declare that allthe information contained ln this application is true, and trye make thissolemn declaration consc'ientiously believint itto p! ru", ãñ'd'krñ*i;;tiat it is of the same force andefrect as Íf made under oath a¡rd Ëy Urtue oitnè cn¡¡nrjn zuöEñöËÀcr.
DECIjRED before rne atthe
agen!
must,
tÀlvlt I :Á 0l ft7 'a 'd0c
ín the
0 '1 'c77h'ït\t
Staff Report D2010-32 regarding Froese Severance E45/10.
File: D10.10 Froese
Page 44 of 161
APPENDIX"A" .
]!.e c.oultv- ot Elgin l¡nd Dtulsion commlttee requires that, in addiflon to the þpllcation for consenf, ürefollowing information be completed fur all applicadfns:
1. Are there any bamo rocated wrthin 300 metres of the subject of thrs apprication?
il",ì" SÈ*,"
^
{È.f .',",n*e ba¡s:l) Novv used for livestocl(? I-"" ( ) No (X)¡i) Capabte of being uscd for livestock? Ves i i ñó iii
NorE: lf you answered ,yES' to #1. pLEAsE coMpLFtE THE DATA sttEEr BELow
TO BE COMPLETED
BIAPPLICANT
ln order to calcf¡late the minÌmum distance separatlon, the following information is required for eadr livestockfacllity witrin 300 metres of the proposed sevérancc a'nä to.aùilñ ä'.Ëiää. rot,
TELEPHONE
TOWNSHIP
TILI-ABLE H ECTARES ffi ere livestock faclllty located)
LOT coNc.
Ma¡<imum Housing Capaclty
Number per Year
& Bam I Confine-
Caged , On Floor
Storage with BuckWalls
Open Earth Sided pit
I 'Å ç7./.þ '0N hlYlll:Á 0lfl/'R'das
Staff Report D2010-32 regarding Froese Severance E45/10.
File: D10.10 Froese
Page 45 of 161
llo. 422b P. IUep, 8, 2(Jl{J 9: I()AVI
{I
t\
a
\
1
P't6
t\''N
ì..ô
s
'A
ürt
lJÐ
{t
Ð
6
R
SJ
þ
Staff Report D2010-32 regarding Froese Severance E45/10.
File: D10.10 Froese
Page 46 of 161
lBl Group
203-350 Oxford Street West
London ON N6H 1T3 Canada
tel 519 4727328
fax 519 47293il
To/Attention
From
GC
Subject
Municipality of Bayham
Derek Dudek, MCIP, RPP
Date October 4,2010
Project No 3404 -489
Steno dd
1)
2)
Memorandum
Froese Proposed Severance - Part Lot 124, Concession STR
(Expansion of Agricultural Lot)
We have reviewed the severance application (No. 845110) submitted by Dan & Tina Froese
to sever a 6280 m'?(1.55 acre) parcel of land from an existing 34.3 hectare (85 acre) farm
parcel. The subject lands are located in Part Lot 124, Concession 6, on the east side of
Plank Road, north of Jackson Line. The subject lands are designated "Agriculture" in the
Official Plan, and zoned Rural Commercial (RC) in Zoning By-law No. 2456-2003. The
purpose of the consent is to sever án existing commercial garden centre from the
surrounding agricultural lands.
The subject lands include an existing garden centre, otfice, and water pump house, totalling
approximately 1100 m2 (11,840 ft2), or 17.SYo of the proposed lot area. Surrounding land
uses include a residential lot to the south, and to the west on the opposite side of Plank
Road; and agricultural fields to the north and east. The surrounding retained lands include
an existing pole barn and greenhouse and were used up until recently as an outdoor plant
nursery in support of the aforementioned garden centre. lt should be noted that the
greenhouse straddles the proposed lot boundary and would need to be removed as part of
any consent application at this location. There are no significant hydrological or natural
heritage features within 170 metres of the proposed severed lot.
3) Section 8.7.3 of the Official Plan states that consents may only be granted that conform to
the policies of the Official Plan. While the subject lands are designated "Agriculture" and
would not conform to the land division policies of Section 4.2.1.10 of the Official Plan, the
Planning Act states under Section 24(4) that any by-law passed under Section 34 (ie.
zoning) shall be conclusively deemed to be in conformity with the official plan on and after
the day the by-law was passed. As such, in this instance the RC zoning was approved
without appeal through the adoption of comprehensive Zoning By-law 2387 (former
lBl Group is a group of fìrms providing professional services and is affìliated with lBl Group Arch¡tects
Staff Report D2010-32 regarding Froese Severance E45/10.
File: D10.10 Froese
Page 47 of 161
lBl Group Memorandum
Mun¡cipality of Bayham - October 4, 2010
Township of Bayham, 1988) and the current Zoning By-law 2456-2003, and is therefore
deemed to conform to the Official Plan.
4) The existing RC Zone ôefined area applicable to the subject lands on Map 41, indicates an
approximate lot area of 7000 m2 (83m x 83m) and as such, the proposed consent of 6280
m2 (79.25m x 79.25m) is consistent with the current RC Zone boundary. Section 3.8 b) of
the Zoning By-law would interpret the zone boundaries in accordance with the proposed
consent drawing and would not require amending to reflect the minor reduction in the
proposed lot boundary.
5) Based on the preceding review, we do not oppose the proposed consent subject to the
following conditions:
a) That the greenhouse indicated on application E 45/10 as bisecting the proposed rear lot
line of the severed parcel be removed in its entirety; or relocated, and/or reduced in size
in accordance with the provisions of the Agricultural (41) Zone.
7¿r',1
IBI GROUP
Derek Dudek, MCIP, RPP
Consulting Planner to the
Municipality of Bayham
J13404\489 Froese\PTMfræse201 G1 0{4 dæ\201 0-l 0{4\DD
Staff Report D2010-32 regarding Froese Severance E45/10.
File: D10.10 Froese
Page 48 of 161
CORPORATION OF THE MUNICIPALITY OF BAYT{AM
STAFF REPORT
TO: Mayor and Members of Council
FROM: Planning Coordinator/Deputy Clerk
SUBJECT: Peters Subdivision North Hall
Subdivision Agreement
DATE: Sep. 30,2010
FILE: Dl2.O8PETERS
NUMBER: D2010-33
Purpose
To consider a Subdivision Agreement for the Country View Estates, North Hall.
Background
Abraham and Emma Peters, owners of the Country View Estates Subdivision on Eden Line in the
Hamlet of North Hall, wishes to enter into a subdivision agreement with the municipality. Mr. and
Mrs. Peters are proposing a 5-lot subdivision and are now prepared to enter into an agreement with the
municipality. MMAH draft approval file # 34-T-03001.
Staff Comments
Entering into an agreement is one of the conditions imposed by the Ministry to satisff prior to
registration of the Plan of Subdivision. Staff have prepared a subdivision agreement based on the
standard used for a previous subdivision project. Discussions took place with the property
owner/developer and the resulting agreement is presented for Council's consideration. Applicable
financial securities will be collected prior to registration of the Plan of Subdivision.
Attachments
1. Draft By-law 2010- 090 - Subdivision Agreement attached as Schedule 6(4"
Strategic Plan Goal(s)
Goal # 2 Ensure reliable, well-maintained and secure infrastructure.
Goal # 6 Provide and encourage attractive lifestyle choices.
RECOMMENDATION
"TIIAT Staff Report D2010-33 regarding a subdivision agreement with Abraham and Emma
Peters be received;
AND THAT authorizing By-law 2010- 090 be presented for enactment."
Planning Coordinator
Staff Report D2010-33 regarding Peters Subdivision North Hall
Subdivision Agreement.
Page 49 of 161
THE CORPORATIONOÍ'THE
MUNICIPALITY OFBAYHAM
BY-LA\il NO.2010 - 090
BEING A BY.LAW TO AUTHORIZETHE SIGNING OF A
SUBDIVISION AGREEMENT BET\ryEEN
ABRAIIAMAND EMMAPETERS AND THE CORPORATION
OF THE MUNICIPALITY OT'BAYHAM, TO PROVIDE T'OR TITE DEVELOPMENT
OF A PLAN OF SUBDIVISION, KNO\ilN AS THE COUNTRY VIE\ry ESTATES,
HAMLET O[' NORTH IIALL, MI]NICIPALITY OÍ' BAYHAM.
THE COTJNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
HEREBY ENACTS AS FOLLOWS:
L THAT the agreement aflixed hereto as Schedule "4", being a subdivision agreement
with Abraham and Emma Peters, is hereby approved and the Mayor and clerk are
hereby authorized and directed to execute the same.
2. THAT the agreement is to be registered at the Land Registry Office.
READ AFirstand Secondtimethis
-day
of , 2010,
READ A Third time and finally passed this
-
day of
-,
2010'
MAYOR
CLERK
Staff Report D2010-33 regarding Peters Subdivision North Hall
Subdivision Agreement.
Page 50 of 161
Country View Estates Subd. Agmt.
Schedule "4" to By-LawNo.2010-
THIS SUBDIVISION AGREEMENT made in triplicate this
BETWEEN:
day of_ 2010.
ABRAHAM AND EMMA PETERS
Hereinafter called the "OWNER OR SUBDIVIDER"
OF THE FIRST PART
AND:
THE CORPORATION OF THE MI.JNICIPALITY OF
BAYHAM
Hereinafter called the "CORPORATION"
OF THE SECOND PART
'ù/HEREAS, the Owner or Subdivider proposes to subdivide and register a Plan of Subdivision
on property described as Part of Lot 7 Concession 8 and Part I on RP 11R7900, Municipality of
Bayham, County of Elgin; the said proposed Plan of Subdivision, being appended as Schedule
"4" to this Agreement;
AND V/HEREAS, this Agreement has been made as a condition of approval by the Ministry of
Municipal Affairs and Housing of the Owner's or Subdivider's proposed Plan of Subdivision,
MMAH File # 34-T-03001, named Country View Estates;
AND WHEREAS, the Owner or Subdivider, has agreed with the Corporation to comply with
their requirements with respect to the providing of services for the lands proposed to be
subdivided and other matters hereinafter set forth;
NOW THEREFORE, The Parties herein, in consideration of other good and valuable
consideration and the sum of Two ($2.00) Dollars, of lawful money of Canada, by each to the
other paid (the receipt whereof is hereby by each acknowledged), covenant and agree with the
other as follows:
1. DEFINITIONS:
(a) "Owner or Subdivider" shall include the applicant for the approval of a Plan of
Subdivision, and the registered owner or owners in fee simple of the land for
which the subdivision is proposed and/or their respective heirs, executors,
administrators and assigns, and in addition to its accepted meaning, shall mean
and include an individual, an association, a partnership, or an incorporated
company, and wherever the singular is used herein, it shall be construed as
including the plural.
(b) "Council" shall mean the Municipal Council of the Corporation.
(c) "Engineer" shall mean the Engineer of the Corporation and/or any such
Engineer(s) a¡¡ may be duly authorized and appointed by the Corporation.
2. SCOPEOFAGREEMENT
The Owner or Subdivider agrees to complete at his own expense and in a good and
workmanlike manner, for the Corporation, all the municipal services as hereinafter set
forth to the satisfaction of the Corporation and to complete, perform, or make payment for
such other matter as may be provided for herein.
Staff Report D2010-33 regarding Peters Subdivision North Hall
Subdivision Agreement.
Page 51 of 161
Country View Estates Subd. Agmt.
CONSULTING ENGINEERS
(a) The Owner or Subdivider agrees to retain a Professional Engineer as the
Consulting Engineer of the Owner or Subdivider, to carry out all the necessary
engineering and supervise the work required to be done for the development ofthe
subdivision. Such Consulting Engineer or a successor thereto, shall continue to be
retained until the work provided for in this agreement is completed and formally
accepted by the Corporation.
(b) The Owner or Subdivider agrees that in the preparation of contract plans and
specifications, the following procedure will be followed by the Consulting
Engineer:
(Ð Design all the works covered by this Agreement.
(iÐ Prepare plans, profiles and specifications for the said works and to submit
detailed plans, profiles and specifications to the Corporation for approval
prior to the installation of such works.
(iiÐ Obtain, in conjunction with the Corporation, all the necessary approvals
required prior to the construction of such works.
(iv) Obtain the approval ofthe Corporation, for the Contractor(s) for the said
works.
(v) Provide full time inspections during the construction of underground
services and part time inspections as necessary for the surface work.
(vÐ Maintain all records of construction of the said works.
(viÐ Supply to the Corporation mylar reproductions of all the works as
constructed by the Contractor. The drawings shall be to the scale or scales
established by the Corporation's Engineer.
(viii) On completion of construction of the said works, to supply the Corporation
with a certificate that the execution of the said works was in accordance
with the approved plans and specifications. This certificate will not be
valid until signed by the Corporation, and the Corporation's Engineer.
(ix) Supervise the construction of any remedial work required by the
Corporation.
(c) The Owner or Subdivider agrees with the Corporation that no public services will
be installed prior to receiving, in writing, approval of the detailed plans and
specifications by the Corporation.
LIENS
The Owner or Subdivider shall cause to be discha¡ged any lien registered and/or filed
with the Corporation, pursuant to the Constructìon Lien lcr, R.S.O. 1990, (Ontario) as
amended, in respect to any ofthe works undertaken by the Owner or Subdivider, The
Owner or Subdivider shall pay any legal costs, fees and disbursements howsoever
incuned by the Corporation, in connection with any such lien, whether or not there are
reasonable grounds for registration of the lien by the lien claimant. In the event the
Owner or Subdivider fails to discharge any such lien or fails to pay any such cost, fees
and disbursements, incurred by the Corporation in connection with such lien, the
Corporation may make arrangements to discharge the lien by taking such actions as it see
fits, acting in its sole discretion. If the Owner or Subdivider fails to reimburse the
Corporation in connection with any costs incurred, pursuant to this paragraph, the
Corporation shall have the right to realize on the Performance Guarantee provided by the
Owner or Subdivider under paragaph 17 of this Agreement.
-2-
J.
4.
Staff Report D2010-33 regarding Peters Subdivision North Hall
Subdivision Agreement.
Page 52 of 161
Country View Estates Subd. Agmt.
EASEMENTS
Upon completion and acceptance of the Plan of Subdivision, the Owner or Subdivider
shall:
(Ð dedicate the road allowance shown as Part 1, Reference Plan l1R-7900 on the
draft Plan, as a Public Highway connecting to an open public road known as Eden
Line (County Road 44);
(iÐ provide the Corporation with such rights and easements as it may require for
storm sewers, storm drainage and other utility purposes;
(iii) provide Hydro One, Eastlink Inc, or Bell Canada, Union Gas and/or Natural
Resource Gas with such easements as each of them may require for hydro,
telephone, and television cable and natural gas utility purposes.
Any such transfer, pursuant to (i) above, shall be in fee simple and for nominal
consideration (i.e. One ($1.00) Dollar), in a form satisfactory to the Corporation's
Solicitor, and title to such lands shall be good and free from all liens and encumbrances.
The rights and easements granted pursuant to (ii) and (iii) above, shall be for nominal
consideration (i.e. One ($1.00) Dollar), in a form satisfactory to the Grantee's Solicitor,
and the title to lands over which the rights and easements are granted, shall be good and
free from liens and encumbrances and ifrequired by the Grantee's Solicitor, the consent
of the Committee of Adjustment, to such rights and easements shall be obtained by the
Owner or Subdivider.
The Owner or Subdivider, agrees that forthwith, after registration of any transfers of title,
pursuant to (i) above, and any grant of rights and easements, pursuant to (ii) and (iii)
above, it shall provide to the Transferee's Solicitor or Grantee's Solicitor, a Certificate of
Opinion ofTitle ofthe lands in respect ofwhich such transfer and rights and easements
are granted, in a form satisfactory to the Transferee's or Grantee's Solicitor, such
Certificate or Opinion to be given by a Solicitor authorized to practice Law in the
Province of Ontario.
The Owner or Subdivider agrees to provide the Corporation with a mylar copy of the
reference or survey plan designating the lands in respect ofwhich such transfers oftitle
and grants or rights and easements are given.
The lands to be transferred and the lands over which rights and easements are to be given,
pursuant to Section 5 and (i) (ii) and iii) above, shall, on the registration ofthe Plan, be in
a clean and tidy condition, graded as required, and ifnecessary, stabilized against erosion.
After such lands or such rights and easements are so transfened, the Owner or Subdivider
shall not use or permit the use of such lands for the storing oftopsoil or any excavated
material or equipment except with the written consent of the Corporation, and in the event
of default, the Corporation, after giving the Owner or Subdivider such notice as it
considers reasonable, may remove such soil, material or equipment and the cost thereof
shall be paid by the Owner or Subdivider to the Corporation.
PRIVATE SEPTIC SYSTEM PERMITS
Prior to issuance of a building permit on a lot within the plan of subdivision, the Lot
Owner shall provide to the Municipality, to the satisfaction of the Municipality, the
following:
l. a sewage disposal report, prepared by a qualified engineer, indicating that specific
recommendations regarding the specihc sewage disposal system for the lot,
2. confirmation that the system to be installed will be capable of reducing the nitrate
levels to 24mgll,
3. a2}-year service contract with a qualified contractor to ensure the long term
operation and maintenance of the system.
-3-
5.
6.
Staff Report D2010-33 regarding Peters Subdivision North Hall
Subdivision Agreement.
Page 53 of 161
7.
Country View Estates Subd. Agmt.
STORM SEWERS
(a) The Owner or Subdivider agrees to construct a complete storm seriler system or
systems, including storm connections to the street line where required, in the
opinion of the Corporation, and catchbasins and leads to service all the lands in
the said Plan of Subdivision, and adjacent road allowances, according to designs
approved by the Corporation, and according to the specifications of the
Corporation, in effect at the date hereof, and the Owner or Subdivider shall
maintain them, including cleæing any blockages until they are formally accepted
by the Corporation. Such sewers shall be constructed to an outlet or outlets
according to designs approved by the Corporation and shall be of sufftcient size,
depth and at locations within the limits of the subdivision or on adjacent road
allowances, to service the subdivision, and any lands adjacent to the subdivision,
which, in the opinion of the Corporation will require their use as trunk outlets.
(b) The Owner or Subdivider agrees, at its expense, to construct and the Corporation
to maintain a stormwater management system regulated through The Drqinage Act
which is approved by all regulating agencies and which provides an adequate
stormwater management system for all lands within the Plan.
ROADS_PAVED
The Owner or Subdivider agrees to construct all the roads as shown, on the said Plan of
Subdivision, according to the proposed servicing schedule and specifications for paved
roads of the Corporation in effect at the date hereof and to maintain them until the
Corporation formally accepts them. The specifications for boulevard grading shall apply
to existing streets adjacent to the said Plan ofSubdivision.
ROAD GRADES. ETC.
(a) Before actual construction begins proof must be furnished by the Owner or
Subdivider or his/her agents that the road grades have been approved by a certified
Ontario Land Surveyor or Engineer in order that the road bed, storm sewers and
appurtenances will be laid to the proper grade.
(b) rlVhen, in the written opinion ofthe Corporation, it is necessary to change the said
road grades the Owner or Subdivider agrees to grade the road to sub-grade in the
manner and at the time stipulated by the Corporation in accordance with the
specifications of the Corporation, and to restore the streets to their original
condition prior to the change in the grade.
(c) GRADE
The Owner or Subdivider agrees to grade, to the Corporation's specifìcations, to
the full width, all road allowances as shown on the said Plan of Subdivision, prior
to the installation or construction of the relevant municipal services provided for
herein, The Owner or Subdivider fi,rther agrees to keep the boulevards clear and
free of all materials and obstructions that might interfere with the installation of
electric, telephone, gas or other utilities, The Owner or Subdivider will be
responsible for any change in grade of any street up to I 50 feet from the proposed
Plan of Subdivision where the change is reasonably necessary to service a street
within the subdivision.
CURBS AND GUTTERS
The Owner or Subdivider agrees to construct rollover curbs and gutters on all the streets
as shown on the said Plan of Subdivision and on all existing streeis adjacent to the said
Plan of Subdivision, subject to Section 9 (a) of this agreement, according to the
specifications ofthe Corporation in effect at the date hereof, and to maintain them until
they are formally accepted by the Corporation. If any curb depressions are not located
correctly with respect to a driveway, the Owner or Subdivider shall construct a curb
8.
9.
l0
Staff Report D2010-33 regarding Peters Subdivision North Hall
Subdivision Agreement.
Page 54 of 161
ll.
t2.
Country View Estates Subd. Agmt. - 5 -
depression in the correct location and replace the original according to the said
specifications.
SIDEWALKS
Not required.
PRIVATE WELLS
The Owner or Subdivider shall advise all perspective purchasers in all offers ofpurchase
and sale that individual wells are to be constructed and developed to ensure that ground
water supplies are protected from contamination by septic systems, surface pollutants and
meet the turbidity levels complying with the Ministry of the Environment's drinking
water objectives.
LOT GRADING. SODDING. LANDSCAPING
(a) The Owner or Subdivider agrees to grade, provide top soil and sod the portion of
the street allowances lying between the front property line of lots and the curb
save and except any portion of the street allowance within the driveway.
The Lot Owner shall sod or seed the front yard ofeach ofthe lot except for paved
or planted areas, upon the completion of the construction of dwelling thereon.
The Manager of Public Works must approve any exception to this requirement in
writing, Said sodding must be in conformity with the grading control plan as set
out on Schedule 'D' attached hereto.
(b) Before house construction proceeds beyond the basement level, the Consulting
Engineer or an Ontario Land Surveyor shall provide the Corporation with a
certificate confirming the foundations are:
(Ð in conformity with the footing and top of foundation wall elevations,
shown on the approved Grading Plan;
(iÐ sited entirely on the conect lot and conforms to the applicable Zoning By-
Law. Site surveys are to be attached to the certificate. (Field notes in lieu
of a siting survey will be accepted at this time to allow construction to
proceed.)
Certification of foundation elevations by the Consulting Engineer or Ontario Land
Surveyor shall be taken to mean conformity with the approved Grading Plan with
a tolerance of 150 mm., and will include verification of top of foundation wall,
any steps in the foundation (ifapplicable) and the garage sill.
Non-conformance to either siting or foundation elevations shall be brought to the
Corporation's attention for further direction, prior to proceeding with any further
construction.
The Consulting Engineer or Ontario Land Surveyor shall then provide the
Corporation with preliminary lot certificates advising that the lot grading
conforms to the approved Grading Plan and is approved for sodding or seeding.
Prior to the release of any lot grading conditions of this Subdivision Agreement,
the Consulting Engineer or Ontario Land Surveyor, shall provide final
certification to the Corporation in the form of as-built elevations on the Grading
Plan in accordance with the approved Plan ofSubdivision,
(c) Upon the elevations and grades being established in accordance with this
Agreement, the Owner or Subdivider, shall thereafter, maintain the same for so
long as the Owner or Subdivider is the registered owner ofthe lot.
13.
Staff Report D2010-33 regarding Peters Subdivision North Hall
Subdivision Agreement.
Page 55 of 161
Country View Estates Subd. Agmt.
The Parties agree that the Lot Grading Plan, attached hereto, and marked as
Schedule "D" is a photographically reduced and un-initialled copy of the Lot
Grading Plan, initialled by the parties on the execution of this Agreement and that
such initialled Plan forms part of this Agreement,
The Parties further agree that in the event that any part or parts of Schedule "D",
are illegible or conflict with the initialled Plan from which it was made, the
initialled Plan shall prevail.
(d) If, in the opinion of the Corporation, the Owner or Subdivider has at any time
during which the Owner or Subdivider is the registered owner of any lot within the
Plan of Subdivision failed to establish or maintain any such grade or elevation as
required by Paragraph 13 (c), the Corporation, may, after giving such notice to
the Owner or Subdivider, as the case may be, enter and re-enter from time to time
upon such lot with equipment, machinery, sod and frll, and do such works and
remove anything from the lot as in the Corporation's opinion, may be necessary to
remedy such default, and the costs thereof, shall be paid by the Owner or
Subdivider, to the Corporation.
(e) Where the Owner or Subdivider has sold a lot within the Plan of Subdivision, and
in the, opinion of the Corporation, the Owner or Subdivider, or the subsequent
owner has, at any time, failed to establish or maintain any grade or elevation
required to be established or maintained by paragraph 13 (c), the Corporation may,
after giving such notice to the subsequent Owner or Subdivider, as the case may
be, enter and re-enter from time to time upon such lot with equipment, machinery,
sod and fill and do such works and remove anything from the lot as in the
Corporation's opinion may be necessary to remedy such default and the costs
thereof, shall be paid by the subsequent Owner or Subdivider, to the Corporation,
and if no lots are sold, it shall constitute a lien on the lot and interest shall be
payable on the amount thereof at the rate of Fifteen percent (15%) per annum,
commencing Fifteen (15) days after the mailing of the statement to the subsequent
Owner or Subdivider, at his/her last known address.
STORM WATERMANAGEMENT
A final Stormwater Management report is to be submitted to the Municipality.
The affected lands shall be incorporated in to and regulated by the Bartley Municipal
Drain system wdetthe Drainage Act.
ADMINISTRATION AND INSPECTION COSTS
(a) The Owner or Subdivider agrees to pay to the Corporation all administrative costs
incuned in connection with this Agreement, including legal and engineering costs.
(b) All ofthe underground works installed shall be constructed and installed under the
supervision ofinspectors approved by the Corporation. The Owner or Subdivider
hereby agrees to pay all accounts of the Corporation in connection with the
services of the said Inspectors. No work specified in the Agreement or in the
speciflrcations shall be carried out unless there is an inspector to ensure that all
work is being completed in accordance with specifications approved by the
Corporation.
FINANCIAL PAYMENTS - CAPITAL CHARGES
Except as expressly provided in this Agreement, the charges payable pursuant to this
Paragraph 16 shall be payable by the Owner or Subdivider as specified.
(a) PARKLANDDEDICATIONFEE
-6-
t4
t5.
16.
Staff Report D2010-33 regarding Peters Subdivision North Hall
Subdivision Agreement.
Page 56 of 161
Country View Estates Subd. Agmt.-7-
The Owner or Subdivider shall provide parkland dedication in the form ofcash-in-
lieu $500.00 per lot. This value is to be $2500.00 for 5 lots and shall be collected
prior to the registration ofthe plan of subdivision.
(b) STREETLIGHTING
No street lighting required.
(c) ELECTRICAL DISTzuBUTION SYSTEM
The Owner or Subdivider hereby agrees to construct a complete electrical system
at his/her expense including all switches, junction boxes, transformers, wire, hydro
service connections, and appurtenances, to the street line to service all lands in the
said Plan of Subdivision, according to designs approved by Hydro One and
according to its specifications which are in effect at the time of the installation of
the system and not necessarily those in effect at the time of this Agreement, and to
maintain them until they are formally accepted by Hydro One. Hydro One reserves
the right to do the work and the Owner or Subdivider shall pay the total cost. The
electrical system within the subdivision, shall be ofsufftcient size, depth and at a
location to adequately service, in the opinion of Hydro One, the subdivision of any
lands serviced through it and where it is necessary to extend the system within the
subdivision, to the existing system, outside the subdivision, and any adjacent
subdivisions, the size, depth and location of the extension müst be acceptable to
Hydro One.
Hydro One may connect or authorize the connection ofthe electrical system but
the connection shall not constitute acceptance of the electrical system by Hydro
One.
All plans relating to the installation of the electrical system, appurtenances and
services must be submitted to Hydro One for approval along with evidence that
any væiances from their standards are acceptable by the Municipal Electric
Association.
(d) Lor FRoNTAGE AND CONNECTION CHARGES
Frontage and connection charges do not apply.
LIABILITY INSURANCE
Before commencing any of the work provided for herein, the Owner or Subdivider, shall
supply the Corporation with a Liability Insurance Policy in the amount of Five Million
($5,000,000) Dollars, and in a form satisfactory to the Corporation, indemnif,ing the
Corporation, and thei¡ agents from any loss arising from claims for damages, injury or
otherwise in connection with the work done by or on behalf of the Owner or Subdivider.
In the event any renewal premium is not paid, the Corporation, in order to prevent the
lapse of such liability insurance policy, may pay the renewal premium or premiums and
the Owner or Subdivider, agrees to pay the cost of such renewal or renewals within
Fourteen (14) days ofthe account therefore being rendered by the Corporation.
The Owner or Subdivider shall provide written notice to the Corporation of the
cancellation of the liability insurance policy, Twenty-One (21) days before the
cancellation is to come into effect.
PERF'ORMANCE GUARANTEE
(a) As security for the construction and installation of services required by this
Agreement, and prior to the release of the Plan of Subdivision, for registration, the
Owner or Subdivider, shall supply the Corporation with security for performance
and completion of all works required by this Agreement, in an amount which is
Seventy-Five per cent (75Vù of the estimated cost of the works, as set out in
Schedule "C", in the form of an Irrevocable Letter of Credit, from a chartered
l7
18
Staff Report D2010-33 regarding Peters Subdivision North Hall
Subdivision Agreement.
Page 57 of 161
Country View Estates Subd. Agmt.
bank or other financial institution, satisfactory to the Corporation, expressed to be
pursuant to this Agreement, and payable to the Corporation at any time or in part,
from time to time, upon written notice from the Corporation, that the Owner or
Subdivider, is in default under this Agreement,
The said security shall be for the period of time set forth in Schedule "8" for the
completion of the works.
(b) The Owner or Subdivider agrees with the Corporation that after Fifty percent
(50%) of the said works are completed, to the satisfaction of the Corporation, the
amount of the security will be progressively reduced to the amount equal to the
estimated cost of the uncompleted work, plus Twenty per cent (20%) as
determined by the Corporation's Engineer. The reduction will be made after the
receipt of the progress certificate from the Consulting Engineer, proof that the
contractor has been paid, and approval by the Corporation. However, the said
security will not be allowed to be reduced below Twenty-Five per ceît (25%) of
the estimated cost of all works until all of the work has been completed to the
satisfaction of the Corporation's Engineer and the Corporation and the Owner or
Subdivider, has provided a Letter of Credit for the Maintenance Guarantee. If
staging is approved by Council, the above shall be applicable per stage.
MAINTENANCE GUARANTEE
The Owner or Subdivider agrees with the Corporation that, upon completion of the
various parts of the works and prior to acceptance by the Corporation, the Owner or
Subdivider, will provide at his/her own expense, a Letter of Credit for the sum of Twenty-
Five per cenl QSVo) of the actual cost of all the works still subject to the guarantee, to
guarantee the workmanship and materials for a period of Two (2) years from the date of
satisfactory completion of the work.
OCCUPANCY OF BUILDING
The Owner or Subdivider agrees that no building shall be occupied or used for any
purpose in the subdivision until storm sewer and electricity are in operation, and in the
opinion of the Corporation, capable of providing adequate service, The Owner or
Subdivider further agrees that no building shall be occupied or used for any purpose in the
subdivision until a base coat of asphalt has been installed on the road immediately in front
of the building and extending to an existing municipal road, and to maintain vehiculæ
access to the said building until the roads are formally accepted by the Corporation.
TIME LIMIT FOR Iù/ORK AND GUARANTEE FOR WORKMANSHIP AND
MATERIAL
Save as herein otherwise provided the Owner or Subdivider agrees to complete the work
required under this Agreement within the Time Limits specified in the Schedule attached
hereto as Schedule "B", and to guarantee the workmanship and materials for a period of
Two (2) years from the date that the said works are approved, in writing, by the
Corporation. Any work other than that specifically provided for in Schedule "8" shall be
completed within the time limit provided for herein, for sidewalks, curbs and gutters and
roads.
The Owner or Subdivider shall, in the period prior to fìnal acceptance ofthe services or
utilities to be constructed under this Agreement as soon as it is practicable after receiving
written notice from the Corporation repair any damage caused to existing services or
utilities by the implementation or performance of this Agreement or caused during the
construction of dwelling units or other buildings on any part of the development.
Should the Owner or Subdivider fail or neglect to carry out repairs or any other work
required of this Agreement the Corporation may, in addition to any other rights or
remedies it may have at law or in equþ, assert and exercise the rights provided for in
Clawe22.
-8-
19.
20
21.
Staff Report D2010-33 regarding Peters Subdivision North Hall
Subdivision Agreement.
Page 58 of 161
Country View Estates Subd. Agmt.
UNCOMPLETED OR FAULTY S/ORK
notified. The cost of such work shall be calculated by the Corporation whose decision
shall be final. It is understood and agreed that the total costs shall include a management
fee of Twenty per cent (20%) of all labour, material and machine time charges incurred to
complete the work and further, a fee of thirty per cent (30%o) of the charges incurred for
the dislocation and inconvenience caused to the Corporation as a result ofsuch default on
the part of the Owner or Subdivider, it being hereby declared and agreed that the
assuming by the Owner or Subdivider of the obligations imposed by this paragraph is one
of the considerations without which the Corporation would not have executed this
Agreement.
It is further understood and agreed between the parties hereto that such entry upon the
lands shall be as an agent for the Owner or Subdivider, and shall not be deemed for any
purpose whatsoever as an acceptance ofthe said services by the Corporation.
GENERAL PROVISIONS
The Owner or Subdivider agrees with the Corporation:
(a) REGISTRATION OF AGREEMENT
The Owner or Subdivider agrees that this Agreement shall be registered by the
Corporation's Solicitor upon the title to the lands within the plan of subdivision,
and agrees to pay all solicitor's fees and disbursements incuned by the
Corporation in respect to registration of this Agreement, forthwith, upon demand.
(b) CONTTNUATION OF EXISTING SERVICES
Where the construction of services herein involves a continuation of existing
services to join into the same including adjustment of grades where necessary,
such work to be completed in a good workmanlike manner and at the expense of
the Owner or Subdivider.
(c) PUBLIC LANDS _FILL AND DEBzuS
To neither dump nor permit to be dumped any flrll or debris on, nor to remove or
permit to be removed any fill from any public lands, other than the actual
construction of roads in the subdivision without the written consent of the
authority responsible for such lands. The Owner or Subdivider shall, on request,
supply the Coçoration with an acknowledgement from such authority of the
Owner or Subdivider's compliance with the terms of this clause.
(d) OUALITATIVE OR OUANTITATIVE TESTS
-9-
22
23
Staff Report D2010-33 regarding Peters Subdivision North Hall
Subdivision Agreement.
Page 59 of 161
Country View Estates Subd. Agmt.-10-
The Corporation may have qualitative or quantitative tests made of any materials
which have been or are proposed to be used in the construction of any services
required by this Agreement and the cost of such tests shall be paid by the Owner
or Subdivider within Fourteen (14) days of the account being rendered by the
Corporation.
RELOCATION OF SERVICES
To pay the cost of relocating any existing services and utilities caused by the
development work within Fourteen (14) days of the account for same being
rendered by the Corporation. The Owner or Subdivider further agrees to similarly
pay the cost of moving any services or utilities installed under this Agreement in
driveways or so close thereto, in the opinion of the Corporation, as to interfere
with the use of the driveway.
TAXES
That prior to the release of the plan for registration the Owner or Subdivider shall
pay the taxes in frrll for all the lands included in the said Plan of Subdivision
according to the last revised assessment roll, until the lands are assessed and billed
as a registered plan.
LOCAL IMPROVEMENTS
Prior to the release of the plan for registration, to prepay any outstanding local
improvement charges which a¡e levied against any of the lands in the said plan of
subdivision.
SPECIFICATIONS
Unless otherwise specified, any work required under this Agreement shall be
according to the specifications ofthe Corporation.
Any and all approval of plans and specifications by the Corporation does not
relieve the Owner or Subdivider of responsibilþ for enors and omissions in the
plans and specifications.
It shall be tÏe responsibility of the Owner or Subdivider to supply any third party
contractor with all nécessary information to compete the works contemplated
under this Agreement.
STREETS
During the construction ofthe services and utilities required to be
constructed under this Agreement and during the construction of any
dwelling units to be constructed within the subdivision all streets within
the development site, being Peters Court, shall be maintained in good
repair and clean by the Owner or Subdivider but this obligation and
liability of the Owner or Subdivider does not extend beyond the time of
final acceptance. Until final acceptance the Owner or Subdivider shall be
responsible to maintain the entrances to the site on the existing county
road to ensure the roads are kept clean and free from dust and debris.
STREET SIGNS
Street signs and traffic control signs will be installed by the Municipalþ at the
Owner's expense.
LICENCE TO ENTER
To retain a licence from any subsequent pwchaser ofthe aforesaid lands to enter
upon such lands in order to comply with the provisions of this Agreement.
(e)
(h)
(e)
(Ð
û)
(Ð
(k)
Staff Report D2010-33 regarding Peters Subdivision North Hall
Subdivision Agreement.
Page 60 of 161
Country View Estates Subd. Agmt.- 11 -
SANDING. DUST CONTROL. SNO$ryICE REMOVAL FROM ROADS
Prior to the Corporation assuming the services, the Owner or Subdivider agrees to
provide, at their expense, dust and weed conhol.
The Owner or Subdivider shall snowplow and sand any unpaved roads when
required to provide and maintain safe and adequate vehicula¡ access to all
occupied buildings.
and s the subdivision
base c n all frames and
have elevation as the
base coat of asphalt so they will not interfere with snowplowing operations. The
Owner or Subdivision agrees that any service provided by the Municipality prior
to formal acceptance of the roads by the Municipality shall not be deemed
acceptance of the roads.
SURVEY MONUMENTS AND MARKERS
Prior to the formal acceptance of the services and roadwork by the Corporation, to
supply a statement by an Ontario Land Surveyor that, after the completion of the
subdivision work, he has found all standard iron bars and survey monuments as
they pertain to only vacant lots remaining on the date of the acceptance of the
subdivision.
INTEREST
Interest at the per annum rate of Th'ree per cent (3%) points above the prime rate
of the Corporation's bank shall be payable by the Owner or Subdivider, to the
Corporation, on all sums of money payable herein, which are not paid on the due
dates calculated from such due dates. The due dates of any sum of money shall be
Fourteen (14) days after the date ofthe invoice.
CANCELLATION OF AGREEMENT
In the event the plan of subdivision is not registered within one year from the date
hereof, the Corporation may, at its option, on one month's notice to the Owner or
Subdivider, declare this Agreement to be null and void.
NOTICES
Any notices required to be given hereunder may be given by registered mail,
addressed to the other party at its address according to the most recent assessment
roll and shall be effective as ofthe date ofthe deposit thereol in the Post Offrce.
UNSOLD LOTS
The Owner or Subdivider is to provide suitable weed control on any unsold lots.
Failure to do so will result in the Corporation performing the work and assessing a
charge or lien to the property.
STAGING
The Owner or Subdivider covenants and agtees that the construction of the
subdivision will be completed in one phase with all of the required services
provided by the Owner or Subdivider and the Owner or Subdivider may complete
such services in accordance with Schedule "B".
BUILDINGPERMITS
The Owner or Subdivider covenants and agrees not to apply for any building
permit for any building on the lands until the following pre-requisites have been
satisfied:
(1)
(m)
(n)
(o)
(p)
(q)
G)
G)
Staff Report D2010-33 regarding Peters Subdivision North Hall
Subdivision Agreement.
Page 61 of 161
Country View Estates Subd. Agmt.-12-
l. The Owner or Sudivider has provided confirmation of the engineered
septic system plans and maintenance agreement as per Paragraph 6'
2. The Manager of Public Works has advised in writing that rough grading
has been carried out to his/her satisfaction and that building permits may
be issued in accordancc with the grading control plan attached hereto as
Schedule 'D'; curb and gutter, storm water sewer systems and base coat of
asphalt has been installed; all traflic and street signs have been installed'
Exceptions to this condition may be permitted where, in the opinion of the
Manager of Public \Morks, there are extenuating circumstances. In these
cases, the Owner or Subdivider shall undertake protective and remedial
measures to the satisfaction of the said Manager, All costs of such
protective and remedial measures shall be bome by the Owner or
Subdivider.
3. Hydro One has advised the Corporation in writing that the complete
electrical system has been installed in accordance with this agreement and
is capable of servicing the lands. Exceptions to this condition may be
permitted in writing at the discretion of the Corporation.
4. The Owner or Subdivider has satisfied all the financial requirements under
this agreement,
SIGNAGE FORPROJECT
The Owner or Subdivider is entitled to erect one sign at the property entrance to
advertise the project. Any sign erected must conform to any municipal or county
Sign By-laws. The sign must be kept in good repair at all times.
TREE PLANTING
The Owner or Subdivider shall plant one tre€ per lot in a location and of a kind
and size approved in writing by the Manager of Public rMorks. Should any tree
die within 12 months of planting the Owner or Subdivider shall replace the tree
with a new tree as prescribed in this agreement. Trees are to be planted a
minimum of I metre (3.3 feeQ behind the property line and located so as not to
interfere with services and utilities at any time.
SURT'ACE WATER MANAGEMENT DURING CONSTRUCTION
The Owner or Subdivider agtees to require the contractor to provide means to
avoid ponding, erosion and/or flooding onto adjacent properties during
construction and will continue until lots have been developed by means of erosion
provisions such as silt fencing, straw bales and rough grading of undeveloped lots
to maintain all surface water on developed property.
DRIVEV/AYAPPROACHES
The Owner or Subdivider shall pave all driveway approaches to the satisfaction of
the Manager of Public Works upon the construction of the building serviced by
any such driveway. If any dropped curb is not located conectly with respect to
any driveway, the Owner shall construct a dropped curb in the correct location and
shall fill in the original dropped curb in accordance with specifications.
CENTRALIZED MAIL BOX
i. The Owner or Subdivider shall make adequate provision for ace¡tralized mail
box to the satisfaction of Canada Post and further agrees to:
l. work with Canada Post to determine and provide a temporary
suitable Centralized Mail box location which may be utilized by
Canada Post until the curbs and boulevards are in place in the
subdivision;
(t)
(u)
(v)
(w)
(x)
Staff Report D2010-33 regarding Peters Subdivision North Hall
Subdivision Agreement.
Page 62 of 161
Country View Estates Subd. Agmt.-13-
2. install a concrete pad in accordance with the requirements of and
in a location approved by Canada Post to faciliøte the placement
of a community mail box;
3. identiff the pad above on the engineering drawings. Said pad is
to be poured at the time of the curb installation within the
subdivision.
ii. The Owner or Subdivider shall include in all offers ofpurchase and sale a
statement advising the prospective purchaser:
1. that the home mail delivery will be from a designated Centralized
Mail Box
2. that the developers/owners a¡e responsible for officially notifling
the purchasers of the exact Centralized Mail box location prior to
the closing of any home sales.
(y) FIRE PROTECTION
The Owner or Subdivider agrees to provide for adequate fire protection through
the purchase oftwo 1 I hp pumps suitable for frre suppression to be used by the
municipal fire services.
24. The Owner or Subdivider agrees with the Corporation:
(a) EXTENT OF WORK
The extent of work shall be construed to consist of the labour and materials
necessary for the construction in a good substantial, workmanlike manner of all
the items required for the completion of the entire work consisting of all the items
shown on the drawings which have been approved by the Corporation, and which
shall be installed according to these specifications; also, ofall excavations, drains,
sheathing, shoring, false-work, forms, tools, appliances, and materials necessary
for the safe expeditious and effective execution of all temporary and permanent
work.
The Owner or Subdivider shall be responsible for obtaining the location of all
other Utilities such as Electric Underground Cables, Telephone Conduits, Storm
Sewer Catchbasins, Farm Drainage Tiles, Gas Mains and Services, etc., from the
utility concemed, and must protect and/or repair same subject to the regulations of
the particular service involved
Excavations, backfilling and all work on Municipal Streets must have the approval
of the Engineer and/or Corporation.
Pavements, driveways, entrance to property, lawns, etc., must be replaced in as
good condition as found.
Barricades and lanterns must be installed on all works for the protection of
vehicles and pedestrians and all precautions taken to minimize the risk of damage
and inconvenience to others.
All work shall be ca¡ried out so that it conforms to the regulations of the Trench
Excavators Act, and the Worker's Compensation Board, as it pertains to the safe
working conditions of the workers employed on the job.
The Owner or Subdivider shall take full responsibility for pavement breaks, which
must be approved by the Engineer and restored to the regulations applicable. The
closing of roads due to the installation of services must have the approval of the
Corporation's Engineer and the Owner or Subdivider, must observe all applicable
regulations.
In the absence of the Owner or Subdivider from the job (whether permanent or
temporary), he/she shall provide and leave a competent and reliable agent or
Staff Report D2010-33 regarding Peters Subdivision North Hall
Subdivision Agreement.
Page 63 of 161
Country View Estates Subd. Agmt.
foreman in charge and all notices communications, instructions, or orders given,
sent, or served upon this person, shall be taken as served upon the Owner or
Subdivider.
(b) LrENS ORCLAIMS
The Owner or Subdivider agrees that, upon applying for fiqal acceptance ofthe
waterworks system in the said subdivision, to supply the Corporation with a
Statutory Decla¡ation that all accounts for work and materials have been paid or
provided or that there are no claims for liens or otherwise in connection with such
work done or materials supplied on behalf of the Owner or Subdivider, in
connection with the subdivision.
25. Schedules "4" tlrough "D" as listed are attached hereto:
L Schedule "4" Plan of Subdivision
2. Schedule "B" Time Limits
3. Schedule "C" Estimated Costs of Works
4. Schedule "D" Lot Grading Plan
All shall form part of this Agreement and time shall be of the essence with respect to
items contained herein.
26. The Corporation shall be entitled to enforce the provisions ofthis agreement against the
owner of the lands to which it applies, and subject to the provisions of the Land Titles Act
against any and all subsequent owners ofthe lands.
27. The Owner or Subdivider may assign this Agreement only with the consent of the
Corporation.
28. All parties hereto shall execute and deliver (or cause to be done, executed and delivered)
all such further acts, documents and other assurances that may be reasonably required by
the parties for the completion of the work contemplated by this Agreement.
29. The Owner or Subdivider shall advisc all perspective purchasers ofltems 6, 12 and13 of
this Agreement and/or provide copy of this Agreement in all offers of purchase and sale.
IN Ir¡YITNESS WHEREOF, the Parties hereto have hereunto affixed their corporate seals, attested
to by the hands of their proper officers in that behalf fully authorized.
COUNTRY VIEW ESTATES
Witness Abraham Peters
Emma Peters
THE CORPORATION OF THE
MUNICIPALITY OF BAYHAM
Lynn Acre, Mayor
Lynda Millard, Clerk
Staff Report D2010-33 regarding Peters Subdivision North Hall
Subdivision Agreement.
Page 64 of 161
Country View Estates Subd. Agmt.
Earth Grading
Underground Servicing - Storm Sewer
Granular Roadbase
Electrical and Utility
Municipal Drain Relocation
Curbs and Base Asphalt
Surface Asphalt
-,t5-
Summer 2010
Fall2010
Fall 2010
Fall2010
Fall 2010
Spring 201 1
Summer 2012
Staff Report D2010-33 regarding Peters Subdivision North Hall
Subdivision Agreement.
Page 65 of 161
gox
d¡dgffi*ðkoEEEw@þffi
Jrn D-,ø,at',Ãt
_-_P-.._:--?14'-Yîs-
3rvÞiJ¡¡@ s)tr¡{lo
--L-5t---'--'-7i----'
I f''
h---^Ð-.rÊi
3rþtlr}cÐ s¡n^3Ârrls
Ad
g,z n
D¡'R
qtffiGflu
-6-rû--ÉE M
.EE=FF: æ¡r¡-É
¡þE .It ^rxfu,tfvllÀwÐwalú
M|3'ffiW I rþlss¡þt¿@
¿ lo'l _Ð IJY¿
t€Et^t@fìs .Ð Nftd ¡iw¡to
i '.'./I
4
t
U)
3
ß
.!
ül
!o'
io
t
---- -
T
t
ÈÈ
I
It
¡
ioi:'
l,-,-
t-À
r *. l'*I .-I i'%
.aotet.if" ,
.ó
S
t
a
f
f
R
e
p
o
r
t
D
2
0
1
0
-
3
3
r
e
g
a
r
d
i
n
g
P
e
t
e
r
s
S
u
b
d
i
v
i
s
i
o
n
N
o
r
t
h
H
a
l
l
S
u
b
d
i
v
i
s
i
o
n
A
g
r
e
e
m
e
n
t
.
P
a
g
e
6
6
o
f
1
6
1
Counky Vlow E¡t¡ter Subd. Agmt.
Earth Gradlng
Underground Servioing- Storm Sewcr
Gra¡ular Roadbaso
Elecnical andUtilþ
Municipal Drain Relocation
Curùs andBase Asphalt
Surfacc Alphalt
Summer20l0
Fall 2010
Fall 2010
Fsll 2010
Fall 2010
Spring20ll
Summer2012
Staff Report D2010-33 regarding Peters Subdivision North Hall
Subdivision Agreement.
Page 67 of 161
5c¡r€Dt^L E "C- "0924
22 Sepænber20l0
s t6,000
J.0!0
E!f99C
COI'ì¡TRY VIEW E{IIATES ST'BI}TI4SION
tlttMcIPALIrY Or B^r¡EAM
5 SINGLE FAMILY LOTS
rþrap
ø STM
STDRM SEWER
ROADtrrORK (265 m - Shoot rA', 9.2 n back to back ourb and guttø )
IMÎIAL ROANBASB
255 t Sßdlry @ t55/m lncl. topsoil rtdpplngn5
905
3t0
Ml¡
SI,RFACE ROADIVORK
250
TOTAI. T,STIMAIED INTERNAL SERVICING COSTS
; ¡nd
SANTTARY SBWER - priv8lc ropdc rystcnr on cach lot by bulldén
YAIEBMABS - privrlo wlb on orch lot by buildcn
CJDL
32¡'l0
360- st6,000
¡ 4,500
1,50o
6,000u0
$ 14,û25
4,950
26,245
9,920
¡10,665
E,l90
4,800
5¡00
t,9E0
10,500
665¡42,000 42,000
S17,4,10
2,500
37,835
30,125
t,500
600
$90,000
PETER J. PENNB& P, BNO.
CYRIL J, DBMBYERE LIMITED
CONSTJLTTNG ENCINEEP.S
TILISONBURG, ONTARIO,
Staff Report D2010-33 regarding Peters Subdivision North Hall
Subdivision Agreement.
Page 68 of 161
I
I
!
f
I
I
¡
\
\ l\\
,/'l'*'\
\ll \
----Y-+-------
.N
L
ç
lr
E
F('
fi
MUNICIPALITY OF BAYHAM
cJDL'-Ëæhı..ñ r:ffi
nilru
GRADTNG Pr¡N/
IENERAL PtAN OF SERMCE:
S
t
a
f
f
R
e
p
o
r
t
D
2
0
1
0
-
3
3
r
e
g
a
r
d
i
n
g
P
e
t
e
r
s
S
u
b
d
i
v
i
s
i
o
n
N
o
r
t
h
H
a
l
l
S
u
b
d
i
v
i
s
i
o
n
A
g
r
e
e
m
e
n
t
.
P
a
g
e
6
9
o
f
1
6
1
Page 70 of 161
'/
Staff Report DR20 I 0-009
STAFF REPORT
TO: Mayor & Members of Council
FROM: Drainage Superintendent
SUBJECT: Bartley Municipal Drain
7 October 2010
Date: October 712010
Report: DR:¿010-009
CORPORATION OF TIIE MI]NICIPALITY OF BAYTIAM
É o1
Purpose:
The purpose of this report is to present to Council the Engineer's Report #209138 received from
Spriet Associates dated August 3l , 2010 and filed with the Clerk on Septemb er 20, 2010.
Bacþround:
On April 6,2009 the Clerk received a Petition for Drainage Works from Abraham Peters for land
he owns known as Lot 7, Concession 8. On April 16,2009 Council appointed Spriet Associates
to prepare a preliminary report under the Drøinage Act, for consideration of drainage for the
affected lands. The Bartley Municipal Drain aheady drains this lands, however the location of
the main drain would interfere with the lot alignment of Mr. Peters proposed residential
subdivision.
On June 18, 2009 an on-site meeting was held with respect to this proposed drainage works. The
meeting was attended by:
o Abratram Peters
o Ivan'Weber
o JeffDerrseki ( MTO)
o Elias Martin
. Doug Patterson
o J.M. Spriet ( Spriet Associates)
o Gerry LeMay ( Bayham Road Manager)
o Bill Knifton ( Bayham Drainage Superintendent)
The proposed drain relocation was discussed with those in attendance. There were no c,oncerns
brought forward at that time.
On July 15,2010 an information meeting was held at the Bayham Municipal Offices to review
the proposed drainage works. This meeting was attended by Abraham Peters, Ada Mathews, J.M.
Spriet and Bill Knifton. Mr. Spriet outlined the proposed location of the municipal drain and
answered any questions brought forward. There were no concerns at that time, so Mr. Spriet
could proceed with completing the Engineering design of the drain.
Staff Report D2010-009 regarding Bartley Municipal Drain.
File: E09
Page 71 of 161
StaffReport DR20l0-009 7 October 2010
Staff Comments
An Engineer's report was filed with the Municipality on Septemb er 20, 2010. Council should
now determine whether it wishes to proceed with Notices under the Drainage Act and direct the
Clerk to send a copy of the Report and Notice of Public Meeting setting out the date of the
Council meeting at which this report will be considered to:
(a) Every landowner within the area requiring drainage.
(b) Clerk of every other local municipality in which any land or road that is assessed for the
drainage works, or for which compensation or other allowances have been provided in the
report is situate.
(c) Any pubic utility, railway company or road authority that may be affected.
(d) Long Point Region Conservation Authority.
(e) The Ministry ofNatural Resources.
(d) The Director, of the Ministry of Agriculture, Food and Rural Affairs.
Strategic Plan Goals:
Goal#5: Develop a new and improved infrastructure network
Recommendations:
THAT StaffReport DR2010-009 regarding the Bartley Municipal Drain be received;
TIIAT the Council of the Municipality of Bayham acknowledges the receipt of Report #209138
dated August 31,2010 for the Bartley Municipal Drain, as prepared by the Engineer, Spriet
Associates, and filed with the Clerk on Septernber 20,2010;
TIIAT Council set a date for the Public Meeting to be held on November 4,2010 at 8:00 p.m. to
consider the Report;
AND TIIAT Staffbe directe.d to mail aNotice of Public Meeting and Report to all persons
assessed to this drainage works, and in accordance with the Drainage Act.
Respectfully submitted,
Bill Knifton
Staff Report D2010-009 regarding Bartley Municipal Drain.
File: E09
Page 72 of 161
BARTLEY DRAIN
Municipality of Bayham
SPR¡ET
ASSOCIATES
ENGINEERS &ABCHITECTS
1 55 York street
London, Onlario l*16A 1AB
Tel (519) 672-4100
Fax (sl9) '+tß.9B51
E-mâil M,An @SPRFT-ON-CA
Job No. 209138 August 31,2010
Staff Report D2010-009 regarding Bartley Municipal Drain.
File: E09
Page 73 of 161
London, Ontario
August 31,2010
BARTLEY DRAIN
Municipality of Bayham
To the Mayor and Council
of the Municipality of Bayham
Mayor and Council:
We are pleased to present or repod on the reconstruction of the Bartley Municipal Drain
serving parts of Lots 6-9, Concessions I and 9 in the Municipality of Bayham.
AUTHORIZATION
This report was prepared pursuant to Section 78 of the Drainage Act. lnstructions were
received from your Municipality with respect to a motion of Council in accordance with Section I
of the Drainage Act. The work was initiated by a request signed by an affected landowner.
HISTORY
The Bartley Drain was last reconstructed pursuant to a report submitted by
J.R. Spriet, P.Eng. dated June 20, 1978 and consisted of the reconstruction and extension of the
Bartley Drain. The work contained approximately 332 linealfeet of open ditch and approximately
3685 lineal feet of concrete tile ranging in size from 6" to 12" in diameter.
EXISTING DRAINAGE CONDITIONS
A site meeting was held with respect to the project and through later discussions the
requesting landowner indicated he intended to build a residential subdivision in Lot 7,
Concession I and would require an improved outlet forthe subdivision as well as the relocation of
a portion of the drain to accommodate potential lots.
It was also indicated that, as a condition of severance, a new Schedules of Assessment for
Maintenance should be prepared due to the numerous lot severances the developer has
undertaken in the past.
A field investigation and survey was completed and upon reviewing our findings, we note
the following:
. that the existing tile in the Bartley Drain from the open ditch in Lot 6, Concession I to
approximatelythe half lot line of Lot 7, Concession 8 will require relocating and upsizing
to today's standards
Staff Report D2010-009 regarding Bartley Municipal Drain.
File: E09
Page 74 of 161
2
EX¡STING DRAINAGE CONDITIONS (cont'd)
Preliminary design, cost estimates and assessments were prepared and an informal public
meeting was held to review the findings and preliminary proposals. Further input and requests
were provided by the affected owners at that time and it was decided to proceed with the report
based on this.
DESIGN CONSIDERATIONS
The proposed drain was designed, with respect to capacity, using the Drainage Coefficient
method contained in the "DRAINAGE GUIDE FOR ONTARIO", Publication 29 by the Ontario
Ministry of Agriculture, Food and Rural Affairs. The Drainage Coefficient defines a depth of water
that can be removed in a 24 hour period and is expressed in millimeters per 24 hours. The
coefficient used for the Main Drain was 38mm.
We would like to point out that there have been indications of sandy soil conditions, but no
formal soil investigation has been made.
All of the proposed work has been generally designed and shall be constructed in
accordance with the DESIGN AND CONSTRUCTION GUIDELINES FOR WORK UNDER THE
DRAINAGE ACT.
RECOMMENDATIONS
We are therefore recommending the following:
. that the existing closed Bartley Drain be reconstructed from the open ditch in Lot 6 to
the east side of the proposed subdivision, a distance of 253 lineal meters
. that the drain be constructed with sealed sewer pipe to prevent tree roots from entering
the drain
. that the drain be constructed on a crushed stone bedding with filterwrap to prevent the
drain from settling
. that the existing 300mm dia. tile drain installed under the 1978 report remain a
municipal drain irom the open ditch and across the lands of L. & A. Matthews (Roll.
No. 5-023-02) to serve as an overflow drain in times of severe flooding
. thatthe proposed outletstructure, stormwatermanagement pond and storm drain along
Street 'A' to be installed as part of the subdivision, be incorporated as part of the
municipal drain and be referred to as Branch'B'
. that catchbasins be installed along the course of the drain to alleviate surface flows and
provide access to the drain
. that the existing Bartley Drain from Sta.O+076 to Sta.0+265 be officially abandoned
from municipal status pursuant to section 19 of the Drainage Act
Staff Report D2010-009 regarding Bartley Municipal Drain.
File: E09
Page 75 of 161
3
RECOMMENDATIONS (cont'd)
ln accordance with the principals of Section M(2) of the Drainage Act, the existing surface
watenruay along the route of the tile drain shall be part of the drainage works for future
maintenance. The width available for the watenruay shall be equal to the maintenance working
width as noted on the Contract Drawings.
We have reviewed the existing Schedules of Assessment for the Bartley Drain and found
them to be out-of-date and unfair due to property splits and changes in land use, the watershed
and drainage conditions. We therefore recommend that new schedules be included as part of this
report for future maintenance purposes.
ENVIRONM ENTAL GONSIDERATIONS AND MITIGATION MEASU RES
There are no significant wetlands or sensitive areas within the affected watershed area or
along the route of the drains. The proposed construction of the Bartley Drain includes quarry stone
outlet protection and surface inlets which greatly help reduce the overland surface flows and any
subsequent erosion. A temporary flow check of straw bales or silt fencing is to be installed in the
ditch downstream of the tile outlet for the duration of the construction.
SUMMARY OF PROPOSED WORK
The proposed work consists of approximately 263 lineal meters of 375mm (15") H.D.P.E.
plastic pipe including related appurtenances and the incorporation of 182lineal meters of 300mm
(12") to 525mm (21") storm drain.
SCHEDULES
Four schedules are attached hereto and form part of this report, being Schedule 'A' -
Allowances, Schedule 'B' - Cost Estimate, Schedule 'C' - Assessment for Construction and
Schedule'D' - Assessment for Maintenance.
Schedule 'A' - Allowances. ln accordance with Sections 29 and 30 of the Drainage Act,
allowances are provided for right-of-way and damages to lands and crops along the route
of the drain as defined below.
Schedule 'B' - Cost Estimate. This schedule provides for a detailed cost estimate of the
proposed work which is in the amount of $45,330.00. This estimate includes engineering
and administrative costs associated with this project.
Schedule 'C' - Assessment for Construction. This schedule outlines the distribution of the
total estimated cost of construction over the roads and lands which are involved.
Schedule 'D' - Assessment for Maintenance. ln accordance with Section 38 of the Drainage
Act, this schedule outlines the distribution of future repair and/or maintenance costs for
portions of, or the entire drainage works.
Staff Report D2010-009 regarding Bartley Municipal Drain.
File: E09
Page 76 of 161
4
SCHEDULES (cont'd)
Drawing No. 1, Job No. 209138 and specifications form part of this report. They show and
describe in detail the location and extent of the work to be done and the lands which are
affected.
ALLOWANGES
DAMAGES: Section 30 of the Drainage Act provides for the compensation to landowners
along the drain for damages to lands and crops caused by the construction of the drain.
The amounts granted are based on the following:
a) for closed drain installed with wheel machine or backhoe - $1,833.00/ha.
This base rate is multiplied by the hectares derived from the working widths shown on the
plans and the applicable lengths.
RIGHT-OF-WAY: Section 29 of the Drainage Act provides for an allowance to the owners
whose land must be used for the construction, repair, or future maintenance of a drainage
works.
For tile drains where the owners will be able to continue to use the land, the allowance
provides for the right to enter upon such lands, and at various times for the purpose of
inspecting such drain, removing obstructions, and making repairs. Also, the allowance
provides for the restrictions imposed on those lands to protect the right-of-way from
obstruction or derogation. The amounts granted for right-of-way on tile drains is based on
2oo/o of value of the land designated for future maintenance. Therefore, the amounts
granted are based on $1,800.00/ha. These values are multiplied by the hectares derived
from the width granted for future maintenance and the applicable lengths.
ASSESSMENT DEFINITIONS
ln accordance with the Drainage Act, lands that make use of a drainage works are liable
for assessment for part of the cost of constructing and maintaining the system. These
assessments are known as benefit and outlet liability as set out under Sections 22 and 23 of the
Act.
BENEFIT as defined in the Drainage Act means the advantages to any lands, roads,
buildings or other structures from the construction, improvement, repair or maintenance of
a drainage works such as will result in a higher market value or increased crop production
or improved appearance or better control of surface or sub-surface water, or any other
advantages relating to the betterment of lands, roads, buildings or other structures.
OUTLET liability is assessed to lands or roads that may make use of a drainage works as
an outlet either directly or indirectly through the medium of any other drainage works or of
a swale, ravine, creek or watercourse.
Staff Report D2010-009 regarding Bartley Municipal Drain.
File: E09
Page 77 of 161
5
ASSESSMENT DEFINITIONS (cont'd)
ln addition, a Public Utility or Road Authority shall be assessed for and pay allthe increased
cost to a drainage works due to the construction and operation of the Public Utility or Road
Authority. This may be shown as either benefit or special assessment.
ASSESSMENT
We assess the entire cost of this report to the developer of the Subdivision, A. & E. Peters
(Roll No. 5-023-01). lt is to be noted that the cost of this report is not eligible forthe Provincial
Agricultural Grant.
MAINTENANGE
Upon completion of construction, all owners are hereby made aware of Sections 80, 82 and
83 of the Drainage Act which forbid the obstruction of, damage or injury to, and pollution of a
municipal drain,
After completion, the entire Bartley Drain including the existing drain installed under the
1978 report shall be maintained by the Municipality of Bayham at the expense of all upstream lands
and roads assessed in Schedule 'D' - Assessment for Maintenance and in the same relative
proportions, until such time as the assessment is changed under the Drainage Act.
The above existing portions of the drain shall be maintained in accordance with the grades
and dimensions set out in the plans and specifications contained in the report by
J.R. Spriet, P. Eng. dated June 20, 1978.
Respectfully submitted,
ASSOCIATES LONDON LIMITED
sJs
Staff Report D2010-009 regarding Bartley Municipal Drain.
File: E09
Page 78 of 161
SCHEDULE'A' - ALLOWANCES
BARTLEY DRAIN
Municipality of Bayham
ln accordance with Sections 29 and 30 of the Drainage Act, we determine the allowances payable
to owners entitled thereto as follows:
Section 29 Section 30
MAIN DRAIN - CLOSED PORTION
I
B
8
I
8
6
7
7
7
7
5-020-10(A. & S. Bunrell)
050-023-02(1. & A, Mathews)
Lot 4 - Severance - A. & E. Peters
Lot 7 - Severance - A. & E. Peters
Lot 8 - Severance - A. & E. Peters
TotalAllowances
$ 10.00 $
120.00
50.00
10.00
190.00
20.00 $
220.00
30.00
340.00
50.00
10.00
190.00
BRANCH
I
I
$ 380.00 $ 240.00 $620.00
TOTAL ALLOWANCES ON THE MAIN DRAIN . CLOSED PORTION $ 620.00
rrBrr
Lot 4 - Severance - A. & E. Peters $ 120.00 $7
7 90.00
$ 120.00
90.00
TOTAL ALLOWANCES ON THE
TOTAL ALLOWANCES ON THE
$ 210.00 $$ 210.00
2r0.00
830.00
5-023-01(4. & E. Peters)
TotalAllowances
BFIANCH '' B ''
BARTLEY DRAIN
$
$
Staff Report D2010-009 regarding Bartley Municipal Drain.
File: E09
Page 79 of 161
SCHEDULE'B' - COST ESTIMATE
BARTLEY DRAIN
Municipality of Bayham
We have made an estimate of the cost of the proposed work which is outlined in detail as
follows:
MAIN DRATN - CLOSED PORTION (CONSTRUCTION)
One 6 meter length of 550mm dia., 2.0mm thickness aluminized outlet pipe (with rodent
gate):
Supply
lnstallation at tile outlet with quarry stone rip-rap protection around pipe and
across end of ditch (Approx. 6m" quarry stone required)
lnstallation of the following sewer pipe on a crushed stone bedding:
247 melers of 375mm (15") H.D.P.E. Boss sewer pipe
Supply of the above listed pipe
Supply and delivery of 19mm crushed stone (Approx. 100 tonnes)
Supply and install three 600mmx600mm standard catchbasins including grates, berms
and ditching
Supply and install one 1200mm dia. manhole at Sta.0+076
Cross connect existing drain with new manhole using 10 meters - 300mm H.D.P.E. pipe
on stone bedding
Restoration of lawn areas with imported topsoiland seed Sta.0+006 to Sta.0+076
Tile connections and contingencies
Allowances under Sections 29 and 30 of the Drainage Act
ADMINISTRATION
Survey, Plan and Report
Assistance and Expenses
Supervision and Final lnspection
TOTAL ESTIMATED COST $ 45,330.00
$ 600.00
$ 1,400.00
$ 9,300.00
$ 9,100.00
$ 1,800.00
$ 2,700.00
$ 2,700.00
$ 1,000.00
$ 1,500.00
$ 1,000.00
$ 830.00
$ 11,230.00
$ 670.00
$ 1,500.00
Staff Report D2010-009 regarding Bartley Municipal Drain.
File: E09
Page 80 of 161
SCHEDULE'C' - ASSESSMENT FOR CONSTRUCTION
BARTLEY DRAIN
Municipality of Bayham
Job No.209138
We assess the entire cost of this report to the Developer, A. & E. Peters
owner of property Roll No. 5-023-01
August 31,2010
TOTAL ASSESSMENT ON THE BARTLEY DRAIN $45,330.00
Staff Report D2010-009 regarding Bartley Municipal Drain.
File: E09
Page 81 of 161
SCHEDULE 'D' - ASSESSMENT FOR MAINTENANCE
BARTLEY DRAIN
Municipality of Bayham
Job No. 209138 August 31,2010
PERCENTAGE OFHECTARES
coN. Lor AFFEOTED ROLL No. (owNER) MATNTENANOE cosr
MAIN DRAIN . OPEN PORTION
I*8
"8*8
*8
*8
*8
"8*8
*8
*8
*8
I*8
*8
I
I*8
*8
I*9
"9
I
6 0.81
7 0.66
7 0j3
7 0.61
7 0.40
7 0.38
7 0.38
7 0.40
7 0.11
7 010
7 0.09
7 0.40
7 6.81
7 1.10
I 0.83
8 0.12
8 2.41
I 0.77
8&9 5.43
8&9 1.34
I 2.71
I 1.04
I 2.38
5-020-10(4. & S. Bunvell)
050-023-02(1, & A. Mathews)
050-023-04(J. Ham)
Lot 4 - Severance - A. & E. Peters
Lot 5 - Severance - A. & E. Peters
Lot 6 - Severance - A. & E. Peters
Lot 7 - Severance - A. & E. Peters
Lot I - Severance - A. & E. Peters
5-023-40(D. Haines & K. Emerson)
5-023-08(K. Emerson)
5-023-10(D, & B. Patterson)
5-023-05(R. Stafford)
5-023-01(4. & E. Peters)
5-023-20(The Corinth Mennonite Curch)
5-027 -z9(Mennonite Chu rch in Christ)
5-029-01(D. & G. Holden)
5-025(P. Fehr)
5-031-02(8. L'Etoile)
5-031(U. & L. Vantyghem)
5-031-04(J. & R. Tresselaar)
5-085-01(Future Transfer Co. lnc)
5-085(T. & J. Cox)
5-086-1 0(Donck Farms Ltd.)
TOTAL ASSESSMENT ON LANDS
20.20 vo
1.20
0.30
1.30
1.00
1.00
1.00
1.00
0.30
0.30
0.20
1.00
11.30
2.30
1.80
0.30
4.10
1.60
9.20
2.30
6.90
2.20
=1:9:==
74.8 o/o
Eden Line
Highway No. 3
Street A'
Gounty of Elgin
Ministry of Transportation
Municipality of Bayham
1.09
1.75
0.38
10.50 Vo
11.80
2.90
25.2 VoTOTAL ASSESSMENT ON ROADS
TOTAL ASSESSMENT FOR MAINTENANCE OF
MAIN DRAIN - OPEN PORTION 100.0 olo
Staff Report D2010-009 regarding Bartley Municipal Drain.
File: E09
Page 82 of 161
10
SCHEDULE 'D'- ASSESSMENT FOR MAINTENANCE (Cont'd)
BARTLEY DRAIN
Municipality of Bayham
HECTARES PERCENTAGE OF
CON. LOT AFFECTED ROLL No. (OWNER) MAINTENANCE COST
MAIN DRAIN. CLOSED PORTION
*8
"8*8
*8
*B
*8
*8
*8
*8
*8
*8
I*8
*8
I
I*8
*8
I*9
*9
I
7 0.61
7 0.13
7 0.61
7 0.40
7 0.38
7 0.38
7 0.40
7 0.11
7 0.10
7 0.09
7 0.40
7 6.81
7 1.10
I 0.83
I 0.12
8 2.41
8 0.77
8&9 5.43
8&9 1.34
I 2.71
I 1.04
I 2.38
2.20 o/o
0.60
0.70
0.20
0.20
0.20
2.10
0.60
0.60
0.60
0.30
11.10
2.20
1.90
0.20
7.40
1.60
15.70
5.90
12.40
3.00
=u=Í:===
:::=::=
12.60 o/o
9.90
1.40
23.9 olo
=======
050-023-02(1. & A. Mathews)
050-023-04(J. Ham)
Lot 4 - Severance - A. & E. Peters
Lot 5 - Severance - A. & E. Peters
Lot 6 - Severance - A. & E. Peters
Lot 7 - Severance - A. & E. Peters
Lot I - Severance - A. & E. Peters
5-023-40(D. Haines & K. Emerson)
5-023-08(K. Emerson)
5-023-10(D. & B. Patterson)
5-023-05(R. Stafford)
5-023-01(4. & E. Peters)
5-023-20(The Corinth Mennonite Cu rch)
5-027 -2Ù(Mennonite Church in Christ)
5-029-01(D. & G. Holden)
5-025(P. Fehr)
5-031-02(B. L'Etoile)
5-031(U. & L. Vantyghem)
5-031-04(J. & R. Tresselaar)
5-085-01(Future Transfer Co. lnc)
5-085(T. & J. Cox)
5-086-1 O(Donck Farms Ltd.)
TOTAL ASSESSMENT ON LANDS
Eden Line
Highway No. 3
Street A'
County of Elgin
Ministry of Transportation
Municipality of Bayham
1.09
1.75
0.38
TOTAL ASSESSMENT ON ROADS
TOTAL ASSESSMENT FOR MAINTENANCE OF
MAIN DRAIN - CLOSED PORTION 100.0 olo
Staff Report D2010-009 regarding Bartley Municipal Drain.
File: E09
Page 83 of 161
SCHEDULE 'D'- ASSESSMENT FOR MAINTENANCE (Cont'd)
BARTLEY DRAIN
Municipality of Bayham
HECTARES PERCENTAGE OF
CON. LOT AFFECTED ROLL No. (OWNER) MATNTENANCE COST
BRANCH '' B ''
t1
*8
*8
*8
*8
*8
"8
"8*8
*8
8
7 0.61
7 0.40
7 010
7 0j2
7 0.32
7 0.1',1
7 0.10
7 0.09
7 0.06
7 1.69
11.60 o/o
9.50
4.00
3.50
3.40
0.30
0.30
0.30
0.10
':::_===
l!=3=?
29.80 o/o
29.8 o/o
=======
Lot 4 - Severance - A. & E. Peters
Lot 5 - Severance - A. & E. Peters
Lot 6 - Severance - A. & E. Peters
Lot 7 - Severance - A. & E. Peters
Lot I - Severance - A. & E. Peters
5-023-40(D. Haines & K. Emerson)
5-023-08(K. Emerson)
5-023-10(D. & B. Patterson)
5-023-05(R. Stafford)
5-023-01(4. & E. Peters)
Street'A'
TOTAL ASSESSMENT ON LANDS
0.38 Municipality of Bayham
TOTAL ASSESSMENT ON ROADS
TOTAL ASSESSMENT FOR MAINTENANCE OF
BRANCH '' B ''
Note: All the above lands noted with an asterik are classified as Non-agricultural
100.0 %
Staff Report D2010-009 regarding Bartley Municipal Drain.
File: E09
Page 84 of 161
-tl'lj
u * FcFclræ Þ¡rÉÞ JMM hr ro r{l ffir
ÉøM*loærurÉw* r# LÆ9 ffirrElr &Jedr ro rE æN Ncñcrft Æ e{r þr
flPffiuDB4ãüt4¡reûM&ru E¡4
,[NÉ{ft8@48fuUrc
¡druÈürEWr æJ
¿d euLilrôro4LeEoÆ
r ftË 6aøLd r ÉLlvard *M4rÉæÞ mN & *úr!riÌEdcatræ ro p¡r
rreHriffiMûr¡4R
r Er æ ró ¡E hréo Æ Nral¿o r @þ&r ùr¡ sdâ ^
,c ¡ rE
4luf6 EIM q$ R ÑNER, ÞiM@ÑEþÐI Æ TE Æ6EO NÈ 4L P4IEô ULE4IW {æ
GENERÅL NOTEg
, uarc¡.& uL il ffi@Æ Éralæ rr &æ4c! úruarc¡.& uL il ffi@Æ Éralæ rr &æ4c! úfl *dâ c ó
i
\.J\
sà
F,lAIN DRAINPROFILE
9êLÊ AR I M
wRr 5ø
/ dø'@rrtr'Er,ù,d/
DETAIL
}.{-D-PE- gEIllER PIPE
-rri Erfi¡*frtir:
@J@rÆoráwr 6r dtufn
@Mur{ &raÂvdEFc¡ranódl.¡&r ro * éræD roeM ftlh r@Æ u]r *cr4 a r"r lÆ
r/ Ì* @rürdsl éral rF æ 4¡eæM4 Êi \
!ffiÞ r4rrrM bÁ,r¿M/x !rR. frffiD Eù
¡/rE6rør4MLMÍU dtrMrÆæDußÈrE{@Ffrwd 1Ë
^tet
ALæ.ærro9 êY rE cdrÙr4 Æ *L d raD ru
64trUF þ¡ÐNMP¡lltrþR
@uúb ùtr 4 aæD rË dftrærtþr ftruBs ffi mÉfË4ERrElmrr Æ@ ffilE dú1
í) r-d!-20
13) $02t-20 ÊNlffi cHñ
s
d
DElAIL PLAN
&ÁLE
LOf a Lol 1
i
f,
BARTLEY DRAIN
MUNICIPALITY OF BAYHAM
PLÄN
'
PROFILE
SPFIET AAAOCIATEAUJATER9I{ED PLAN
S
t
a
f
f
R
e
p
o
r
t
D
2
0
1
0
-
0
0
9
r
e
g
a
r
d
i
n
g
B
a
r
t
l
e
y
M
u
n
i
c
i
p
a
l
D
r
a
i
n
.
F
i
l
e
:
E
0
9
P
a
g
e
8
5
o
f
1
6
1
Page 86 of 161
CORPORATION OF THE MUNICIPALITY OF BAYHAM 1
STAFF REPORT
TO: Mayor & Members of Council
FROM: Gerry LeMay, Manager Public Works
SUBJECT: Pavement Edger
DATE: October 7,2010
-¿FILE: I ':4c
NUMBER: PV/ 2010-18
Purpose
This report is to present recommendations from the Manager of Public Works regarding the purchase
of a pavement edger in order to pave the edges of the roadways throughout the Municipality.
Background
The Municipality of Bayham presently uses a system of placing the asphalt on the shoulder of the
roadways by hand or by a tailgate asphalt spreading system. Placing the asphalt on the shoulders by
hand is very labor intensive and cost prohibitive and placing the asphalt along the shoulders by our
present tailgate spreader system is a means of accomplishing the end product but there is a great deal
of waste asphalt is doing the edging by this means. The asphalt is placed on the edge of the roadways
in order to eliminate shoulder drop-offs, alligatoring of the present asphalt which will eventually
break away and cause concerns with the entire road infrastructure.
Staff Comments
The Manager of Public V/orks indicates a preference to the option as the amount of asphalt used to
pave the edges of the present roadway is not wasted and the labor aspect is not a concern as the
pavement edger attaches to one of our present tandem dump trucks allowing the crew to drive and
place the asphalt on the areas eliminating deterioration. The finances would be reached by using
monies left from our present capital equipment budget due to the fact the Road Patrol System came
well under the quoted budget price. The pavement edger has a cost of approximately $ 5,750.00
excluding applicable taxes. Under the Strategic Priorities Goal #2 (Ensure reliable, well maintained
and secure infrastructure)
Attachments
1. Summation of Bid Results
Strategic Plan Goal(s)
1. Goal #2 - Ensure reliable, well maintained and secure infrastructure
Recommendation
THAT Council direct staff to purchase a pavement edger from AMI Attachments, Elmira, Ontario.
Manager of Public Works would recommend the pavement edger from AMI Attachments of Elmira,
Ontario in the amount of $5,750.00 excluding applicable taxes.
Public Works
Staff Report PW2010-18 regarding Pavement Edger.
File: T06
Page 87 of 161
2372Fo¡adale Road
R.R.l, ELMIRA, ON N3B 2Zl
HONE: (519) 669-0387 FAX: (519) 669'0597
GST NO: 86989 4618 RT0001
Ship To:
Of Bayham
9344 Plank rd
Staffordville, ON NOJ 1Y0
51 9-866-5521
Date
Jan '14,2010
Page
1
Quote Number
oT4120
Quotation
Municipality Of Bayham
9344 Plank rd
Staffordville, ON, NOJ 1Y0
51986Ê5521
;
Refe¡ence
\/trFlFtÄt
PO Number
GERRY
Customer No,
MUNl08
Salesperson
BE
Order Date
lan 14 2î1O
Ship Via
sHônn5
Terms
NtrTCN
aty.
O¡d.
atv.
Shp.
ury.
B/O
Item Number Description LJnlt Price UOM Extended Price
1.0000
1.0000
0.000(
0.000(
1.000(
1.000(
:G.PPPE
:G-0925SR
j
Pot Hole Patcher/Pavement Edger
Shouldering Retriever
SHIPPING
Allow 4 weeks for delivery
5,750.00
9,800.000000
ea
ea
5,750.00
9,800.00
150.00
Tax Summary:
GST
PST
785.00
1,256.00
Comments:DO NOT PAY FROM THIS OUOTE Less
lncluded Tax
Order Discount
Subtotal
Total sales tax
0.00
0.00
15,700.00
2,041.00
Total order 17,741.00
Staff Report PW2010-18 regarding Pavement Edger.
File: T06
Page 88 of 161
-7
CORPORATION OF THE MUNICIPALITY OF BAYHAM
STAFF REPORT
TO: Mayor & Members of Council DATE: October 7,2010
FROM:GerryLeMay,ManagerPublicWorks FILE: -lr,'\ \)'ç'-1''
SUBJECT: Clarke Bridge Update NUMBER: PW 2010-19
Purpose
This report from the Manager of Public Works regarding the update regarding progross on Clarke
Road Bridge in the Municipality of Bayham.
Background
The Municipality of Bayham presently has both north and south entrances to the Clarke Bridge
blocked off due to the fact the bridge is inoperable. Since July 13 of this year the bridge was rendered
inoperable by an overloaded vehicle driving on the bridge surface collapsing the east side of the
bridge. Letters were written to our insurance company as well as the guilty parly advising the
Municipality will take steps to hold the guiþ party responsible for the damages. The Municipalities
insurance company has advised us that we are covered for the damages and will act on our behalf.
Our insurance company has asked that we obtain Request for Proposals from our Engineering firm
with reference to the repair of the bridge.
Staff Comments
The Manager of Public V/orks has taken steps to contact Spriet Associates to comprise a request for
proposal regarding the replacement of the bridge. Spriet Associates has completed the survey on the
bridge and will cost the bridge structures reinstatement giving the Municipality several options such
as realigning the bridge so the road can be straightened or placing the bridge in the present area
where a new one lane bridge would be reinstalled. V/e expect the Request for Proposal to be tendered
shortly in order to advise the other party of the costs. Under the Strategic Priorities Goal #2 (Ensure
reliable, well maintained and secure infrastructure)
Strategic Plan Goal(s)
l. Goal #2 - Ensure reliable, well maintained and secure infrastructure
Recommendation
THAT Staff Memorandum 2010-019 be received.
Respectfully sub-rni Reviewed By.
Gerry LeMay, Manager Public Works
Staff Report PW2010-19 regarding Clarke Bridge Update.
File: T04
Page 89 of 161
Page 90 of 161
CORPORATION OF THE MUNICIPALITY OF BAYHAM
STAFF REPORT
TO: Mayor & Members of Council DATE: October 7,2010
FROM: Gerry LeMay, Manager Public Works FILE:
SUBJECT: V/inter Control Contracts 201012011 NUMBER: PW 2010-20
Purpose
This initiate Winter Control contracts for 20101 2011 Winter Season.
Background
The Municipality last requested tenders for winter control for the 200512006 season, and based on
bids received, awarded contracts for various service areas.
The initial contracts provided for a renewal for the 200612007 season, and they were subsequently
extended to 200712008. Pricing through this period remained as per the original tender, and only a
couple of minor changes were made to the service areas (several new sidewalk locations were added
by the Municipalþ). Since a new contractor had shown interest in the Winter Control a tender was
drawn up for all to bid on.
The price differentiation from the preceding year is very minimal as you may note most contractors
stayed with the preceding years pricing.
Staff Comments
The Manager of Public Works indicates at the 2010 tender process drew very few contractors and
fortunately this time we did not have to approach contractors to take certain streets we feel very
fortunate. As a point of interest the cost approximately for snow removal would be $ 150 per hour as
I note council had queried the costs in 2008. Fuel costs have stabilized which provides Council with
some very positive pricing for Winter Control. Under the Strategic Priorities Goal #2 (Ensure
reliable, well maintained and secure infrastructure) subsection 3 we have meet this parameter of the
priorities'with this By-Law ensure a standard system for the Municipal roadways.
Attachments
1. Summation of Bid Results
Strategic Plan Goal(s)
l. Goal #2 - Ensure reliable, well maintained and secure infrastructure
Recommendation
THAT staff be authorized to confirm contract arrangements for winter control services for the 20101
2ò1 1 season as outlined in Attachm ent # 2 to report 2010-20.
Respectfully submitted,
GerÐ, LeMay, Manager Public'Works
Staff Report PW2010-20 regarding Winter Control Contracts
2010/2011.
Page 91 of 161
Price Structure for 201012011 Winter Control Tender
Contractor
Berdan Paving
Underhill Bros
Laemers
Aylmer Garden Ctr
Wilson Lawn Care
Schedule Bid
A2
A6
A1
A2
A3
A4
A6
AI
A2
A3
A4
Location
Straffordville
Eden
Richmond
Port Burwell
Straffordville
Vienna
Parking Lot/Facilities
Eden/Richmond
Port Burwell
Straffordville
Vienna
Parking Lot/Facilitie s
Parkinglot/Facilities
Eden/Richmond
Sidewalks
Comments
$ 230lhr
$ 130/hr
$ 230lhr
$ 65/hr
$ 65/hr
$ 65/hr
$ 65/hr
$ 65/hr
$ 60/hr
$ 60/hr
$ 60/hr
$ 60/hr
65lhr
65thr
$ 45lhr
A4
A6
$
$
A5
Staff Report PW2010-20 regarding Winter Control Contracts
2010/2011.
Page 92 of 161
Staff Report PW2010-20 regarding Winter Control Contracts
2010/2011.
Page 93 of 161
Page 94 of 161
CORPORATION OF THE MUNICIPALITY OF BAYHAM
STAFF MEMORAI\DI]M
TO: Mayor & Members of Council
FROM: Kyle Kruger, Administrator
SUBJECT: MNR Meeting - Conveyance of Part of Chatham Street
DATE: September 28, 2070
FILE: '( O1
Council will recall that report PR20l0-08 regarding the completion of a transfer of part of Chatham Street
to the Ministry of Natural Resources was deferred at the August 12,2010 Council meeting. Council had
expressed a desire to meet with MNR representatives regarding community involvement, access to beach
areas, etc.
Representatives met with MNR staff on September 27th, and after discussions garnered the following
information:
Access to BoardwalkÆier area
- There are no restrictions regarding access to the boardwalk area
- Co-ordination with municipal public works is welcome regarding any grading/maintenance needs for the
parking lot/entrance area.
Access to Park Beach Area
- Access to the park beach area is available, at no charge, for pedestrian trafftc provided that access is at
an approved access point (the day use gates). Charges will apply to vehicular access only.
MNR representatives outlined a number of reasons that park access can only be at the existing gate. Items
including legislative needs, changes in philosophy for provincial park management, and perhaps most
importantly habitat protection were outlined. Protection of the naturalized dune area was the issue most
discussed, as the MNR sees this as an essential component of habitat protection. With access to the park
and beach area from the boardwalk, the MNR has concems with damage to this area (erosion etc) from
the development of paths, improper use, garbage, etc.
Parlicipants at the meeting also discussed methods to provide this information to the public. There were
suggestions for signage, and distribution of information through avenues such as municipal water bills
and semi-annual newsletters.
Staff Memorandum regarding MNR Meeting - Conveyance of
Part of Chatham Street. Staff Report PR2010-08 regarding
Page 95 of 161
Page 96 of 161
þ"4l^^,J Ô'-212a
CORPORATION OF THE MUNICIPALITY OF BAYHAM
STAFF REPORT
TO: Mayor & Members of Council
FROM : Planning Coordinator/Deputy Clerk
SUBJECT: Conveyance to MNR - Part of Chatham Street
DATE: Jriy28,2070
FILE: T09
NUMBER: PR2010-08
Purpose
This report is to recommend the completion of a transfer of part of Chatham Street to the Ministry
of Natural Resources.
Background
In 1983, the former Village of Port Burwell proceeded with the closure of part of the road
allowance between lots l0 and 1l in Concession I (known as Chatham Street) southerly from the
current location of the municipal sewage treatment plant. Files indicate the closure and conveyance
of this section of road allowance (Part 5 Plan I lR-2446) was part of the consideration for the
acquisition of land and construction of the treatment plant.
Subsequentl¡ in approximately 2000, the Municipality also required easements on additional MNR
lands for the purpose of the new exfiltration gallery for the treatment plant. At that time, MNR staff
noted concems that the subject portion of Chatham Street had not been properly conveyed, and
requested its completion as part of the land negotiations. At this time, it appears that the
conveyance was not completed, and MNR has again requested it be completed.
Staff Comments
Given that negotiations appear to have confirmed to the MNR that the subject portion of Chatham
Street would be closed and conveyed, staff suggest that the necessary transfers now be completed.
The necessary documents have been prepared. There are no public notice requirements etc. as the
closure itself was completed in 1983.
Attachments
1. Copy of Plan
2. Draft By-law No. 2010-077,berng a by-law to convey part of the road allowance between Lots
l0 and 11, Concession 1, designated as Part 5 on Plan llR-2446
Strategic Plan Goal(s)
Goal #1 - Practice responsible financial managønent
Recommendation
"THAT By-law No. 2010-077,being a byJaw to convey part of the road allowance between lots 10
and 11 in Concession I of the Municipality of Bayham designated as Part 5 on Plan llR-2446,be
presented to Council for enactment."
Respectfully submitted,
Kyle Kruger
Administrator
Staff Memorandum regarding MNR Meeting - Conveyance of
Part of Chatham Street. Staff Report PR2010-08 regarding
Page 97 of 161
THE CORPORATION OF THE
MT]MCIPALITY OF BAYHÄM
BY-LAW 2010-077
BEING A BY.LAW CO¡IVEY PART OF THE T]NOPEI\ED
ROAD ALLOWANCE DESCRIBED PART OF'CHATHAM
STREET BEING TITE ROAD ALLOWANCE BETWEEN
LOTS 10 AND tl, CONCESSTON 1 OF TIrE
MTJNTCTPALITY OF BAYITAM, IN Trm'. COTINTY OF'
ELGIN, DESTGNATED AS PART 5 ON PLAN LIR-2446
\ilHEREAS Section 11 oftheMunicipal Act,200l, S.O.2001, c.25 as amendedprovides
that a lower tier municipality may pass by-laws respecting Higþways, including parking and
traffic onhigþways;
AND WIIEREAS Section 8 ofthe said Municipal Act provides that a mwricipalityhas the
capacity, rights, powers, and privileges of a natural person for the purpose of exercising its
authorityunder this or any other Act;
AND \ilIIEREAS the Council of the former Village of Port Burwell passed ByJaw No. 83-
03 January 24,1983 to stop up and close part of Chatham Stee! designatod as Part 5 on Plan
ttF.-2446;
AND WHEREAS the Council ofthe Corporation of the Municipalityof Baytram deerrs it
expedielrt to convey the zubject lands to the Ministry of Natural Resources.
TIIT'.REF'ORE THE COUNCIL OF THE CORPORATION OF THE MUMCIPALITY
OF'BAYHAM ENACTS AS FOLLOWS:
1. THAT the Council of the Municipality of Bayham hereby authorizes and directs the Mayor
and Cterk to execute doctrments as necessary to effect the conveyance of lands described as
PartoftheRoadAllowancebetweenl¡ts 10 and 11, Concession I oftheMunicipalityof
Bayharn, designated as Part 5 on Plan llF.-2446 to the Minisüy of Natural Resources.
2. AND THAT this byJaw shall come into fi¡ll force and ef[ect upon final passing.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED this 7th day
of October,2010.
MAYOR CLERK
Staff Memorandum regarding MNR Meeting - Conveyance of
Part of Chatham Street. Staff Report PR2010-08 regarding
Page 98 of 161
Municipality of Bayham
Building Permits
For The Month of September 2010
D¡te:Oct-02-2010
File: PlO
No.Date Roll#Permlt
Holder
Property Descriptlon Bullding
Type
Value Permlt
Fee
Septic /Sewer
Fee
97 l-Seo 0-005-02001 Colwell, Randy 10085 Culloden Road constuct roofed over deck 288so ft 5.000 141.0(
98 2-Sep ¡-001-51200 Needham, Dorothy l0 Libbve Street :epalce existing septic holdine tank 2.000 250.0(
99 3-Sep )-004-21900 Merriam. Robert 55815 First Street :onstruct detached earase 480so ft l0-000 75.0C
100 3-Seo )-001-09501 Marian Homes Plank Road )ne storey modular home Vatt¿ched sarase 2380so 250.00(1415.0(
101 7-Seo )-005-13100 Sascho, Philip 54930 Best Line ]onsfruct two storey addition 960so ft to house 35.00(517.0(250.0(
102 8-Seo +-001-05900 Peters. Peter 15 Edison Drive ]onstruct storage sarage 280sq ft 4.00c 75.0(
103 l3-Seo l-004-10415 Froese. Guillermo 56846 Heritase Line ¡onstruct storage shed 384sq ft 4.00c 75.0C
104 l7-Sep )-004-34200 Dvsos. Rebecca 9317 Plank Road ¡onvert main floor blde from residential to comm 5.00c 2l I .0(
10s 20-Sep )-004-0l9ls Madill, Jon 8974 Plank Road install garden shed l60sq ft 3.00(75.0(
106 21-Sep )-004-28550 HildebrandL Wilhelm 55551 Main Sheet constnrct patio deck at rear ofhouse 420sq ft I,50(75.0(
107 22-SeD +-001-01900 Ihenian, Gilles 6346 Plank Road renovate portion ofbuilding to create2 bdrm aot 5-00(135.0(
108 23-Sep )-006-14700 Baldwin, Melvin 56411GreenLine consfruct pole barn 2592so ft 26-OO(671.0(
109 23-Sep +-001-22500 Pederson, John 2 Kine Street reapir side porch roof, add covered deck 280sq ft 2-00(208.0(
1r0 30-Sep r-002-15800 Martin, Steven 56009 Calton Line ¡eplacc fiont rcofed deck remove addition add deck l0-00(328.0(
111 30-Sep t-003-02304 FIam, John 54415 Eden Line install sarden shed 200so ft 4.00(75.0(
September-l0 366.500 4.076.00 500.00
¿O1O YEARTO DATE 6.609.166 48.241.00 4125.0(
September-09 931-50f 8.522.00 2100.0(
¿OO9 YEÀR TO DATE 6.879.54r 46.584.00 8300.0(
sMlO/4/2010 Prepared bY:
excel\monthly\buildper
Reviewedby:
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
S
e
p
t
e
m
b
e
r
3
0
,
2
0
1
0
.
F
i
l
e
:
P
1
0
P
a
g
e
9
9
o
f
1
6
1
Page 100 of 161
g
ôt=
Boyhom Community Policing Committee,
c/o Doug Lesfer,
12 Groce Court, Box 33,
Port Burwell, ON NOJ 1T0
Municipolity of Boyhom
PO Box I ó0
Stroffordville, Ont.
NOJ lYO
ATTN: Moyor Lynn Acre & Municipol Councillors
I om wriling on beholf of the Boyhom Communily Policing Committee. This
is o group ol 12 volunteers from lhe community seeking to roise oworeness
of sofety ond security issues in our community. We hove been regulorly
since October 2009.
It hos been noted by members of our group thot the moin intersection in
Porl Burwell of the corners of Robinson ond Wellinglon is becoming
increosingly busy during summer weekends. lt is becoming o chollenge
for pedeslrions ond molorisls.
ln your plonning pleose consider o stoplight or lit crosswolk of thol corner.
Sincerely,?ry&
Doug Lester
Correspondence from Bayham Community Policing Committee
regarding "Port Burwell intersection of Robinson and Wellington
Page 101 of 161
Page 102 of 161
SEP-29-1ø l,¡ED 11:36 KTENZLE s19474444t
v
RoL
@le ßop¡t t¡n¡ùinn 1(rgíott
Brench t?4 Port Burwell
P,0. Box 171 Pt. Burwell, QN NOJ 1T0
phone f €19-874.4308 fax f -519€74.4308
September 29, 2010
MUN IC IPAL ITY OF BAY}IAM
P.O. Box 160,9344 Flant< Road,
Strafrordville, Ont. NOJ 1Y0
Attention: Kvle lft¡oa{
This letter is to inform you that we need to have Road Closure on Noromber 7th, 2010 as this is
our RememÞrance Day Parade. We will be leaving from the Legion grounds at 2 P.M.
Thanking you in advanoe.
Yours truly,
P. EI 1
Mrs. Ëlsie Wall
Secretary
Correspondence from The Royal Canadian Legion, Port Burwell
regarding "Remembrance Day Parade".
Page 103 of 161
Page 104 of 161
2010.06.ø 6.3 9050
655920 BATTERIES
cfnqe FlNAl.lCE CHARGE
OOOO23 AAROCAGGREGATES LTD
J062888 SCREENEDTOPSOIL
J0629'14 GRAVEL
000026 ABS PUMPS CORP. CA¡¡iADA
809226 PUMP REPAIR
OOOO31 ADT SECURITY SERVICES CAN¡ADA
43951202
¡liì951203
OOOO33 AGLINE
1212209
OOOO75 AYLMEREXPRESS
0000155852
MUNICIPALITYOF BAYHAM
Accounts Payable
Royal Bank
Cheque Register - 09l'1612010
æt20t2010
0911412010
Cheque Amount -
o8t3'U2010 I
ChequeAmount-
AI.ARM SYSTEM - MARINE MUSEU O9I14I2O1O
AI.ARM SYSTEM - LIGHTHOUSE O9I14I2O1O
KIT. CAP
Cheque Amount -
oa11nu0 I
Cheque Amount -
GAI\¡DIDATES, NOTTCE OF MTG 0813012010 I
Cheque Amount -
o9t10t2010 I
ogt16t2010 2:2OPM
009122
æ9122
u.20
2.20
66.40
124.30 009123
1,575.38 009123
4,092.@
452.00 (p9125
123.07 fiþ125
r,699.68
4.092.00 @9124
009f26
0æ127
009128
009't29
875.07
29.æ
29.83
170.86
OOO112 BLONDEELNURSERY
reimburse tax TAX CREDIT
OOO14I CAIN'S AUTO SALES & SERVICE
170.86
178.80
ChequeAmount-
8632 REPI.ACE BRAKE LINES, LOF O8/O32O1O I
178.80
207.71
001206 CHRIS MARTN
bainíng per díem TRAINING
Cheque Amount-
09113f2010 I
207.71
212.50
OOO2O5 CONSEIL SCOI-AIRE DE DISTRICT
Sept'10 SCHOOLLE\tr
000206 CONSEIL SCOI.AIRË PUBLIC DU
Sept'10 SCHOOL LE\¡r
000212 couNwoF ELGTN
Cheque Amount -
09t15120't0 I
212.50
1,685.00 009131
Cheque Amount -
0911512010 I
1,685.00
640.00 009132
oo1æ7 125il75 oNTAR|O LTD
Cheque Amount -
Page
Cheque Register being Cheque #9122 to Cheque #9227 inclusive,
except Cheques #9120 totaling $1,322,391.68 and Payroll
Page 105 of 161
2010.06.04 6.3 9050 MUNICIPALITY OF BAYHAM
Accounts Payable
Royal Bank
Cheque Register - 0911612010
09Í1612010 2:2OPM
tN000024742 3RD QUARTER LE\ / 0810412010 I 638,604.00 009133
tN000025586 SEPT1o POLICE SERVICES 0910812010 I 59,570.46 009133
Cheque Amount- 698,174.46
OOO224 D.PETERS PAVING INC
10226 PATCH|NG AT PRESSEY L|NE 09t07t2010 I 452.00 009134
Cheque Amount - 452.00
@0272 DYNAMIC FLUID PRODUCTS INC
t-02682{ PRESSURE WASHER HOSE, CR|M 09t10t2010 I 43.73 009135
Cheque Amount - 43.73
OO17O8 EASTLINK
Sep5198665521 MONTHLY TELEPHONE Ogl01l2O1O I 1,309.12 009136
Cheque Amount - 1,309.12
OOO316 EQUIPMENT CENTRE SIMCOE LTD
T055t0o ASPHALT BI-ADE 091',t012010 I 115.26 009137
Cheque Amount - 115.26
OOO334 FASTENAL CAMDA
oNTts37784 EAR PLUGS, RESPIRATORS 09/022010 I 63.55 009138
Cheque Amount - 63.55
æ1270 GORD ROESCH
course material REIMBURSE - COURSE MATERIAL 0911012010 I 293.66 009139
ChequeAmount- 293.66
001239 GREATLÂKES NEWHOLLAND INC
3348T BOLTS, Br-ADES, NUTS 0812612010 I 219.U 009140
ChequeAmount- 219.U
OOO427 HYDRO ONE NETWORKS INC
SeptO024G14793 UTILITIES - GARAGE 0910812010 I 280.70 009141
Sept0657l-44066 UTILITIES - METER CHAMBER Ogl07l2!10 I 43.99 009141
Sept35795-43000 UTILITIES - PUMP#6 o9l08l2010 I 589.01 009141
Sept5037G20077 UTILITIES - MENNA LIBRARY 09/03/2010 I 41.00 009141
Sept62770-20225 UTILITIES - MENNA MEM PARK 0910312010 I 119.81 009141
Cheque Amount - '1,074.51
000217 tBtGROUP
234446 CONSULTING FEES 08t27t2010 I 4,365.42 009142
Cheque Amount - 4,365.42
OOO457 JAMES BATTIN IN TRUST
credit on water acct CREDIT ON WATER ACCT Ogl10l2Ù10 I 336.04 009143
Cheque Amount -336.04
Page 2
Cheque Register being Cheque #9122 to Cheque #9227 inclusive,
except Cheques #9120 totaling $1,322,391.68 and Payroll
Page 106 of 161
2010.06.04 6.3 9050
000466 JIMMIJONS
3r'.797
OOO513 KOOLEN ELECTRIC
16031
16063
160e1
16065
16066
MUNICIPALITY OF BAYHAM
Accounts Payable
Royal Bank
Cheque Register - 0911612010
UNIT RENTAL. WATERMELONFES O8/3Il2010 I 542.40 009144
Cheque Amount - 542.40
CoNNECT PUMP MOTOR æ13112010 I 415.U 009145
EDEN - STREEILIGHT REPAIR 0910712010 I 252.83 009145
STRAFF - STREETLTGHT REPATR 0910712010 I 1,018.75 009'145
MENNA - STREETLIGHT REPAIR O9IO7I2O1O I 251.19 009145
PORT BURWELL - STL REPAIR 0910712010 I 203.75 009145
09/16/2010 2:20PM
Cheque Amount - 2,142.36
OOO552 LONDON DISTRICT CATHOLIC
Sept'10 SCHOOL LE\ r 0911512010 I 42,878-00 009146
Cheque Amount - 42,878.00
00062I MUNICIPAL WORLD INC
tN00080402 TREASURER RECETPT BOOKS 0910812010 I 74.46 009147
Cheque Amount - 74.46
000631 NATHAN DAV\[-EY
haining perdiem TRAINING 0911312010 I 467.50 009148
ChequeAmount- 467.50
000669 ONTARIO MUNICIPAL WATER ASSOC
seminar EDUCATION DAY Ogl15l2O1O I '180.80 009149
ChequeAmount- 180.80
001727 PAVESEAL LIMITED
Ef-2W1ù1722 TRUCK MOUNTED PATCHMASTER O7t31t2010 I 9,136.05 009150
Cheque Amount - 9,136.05
OOO7O4 PETERS PLUMBING
933 SCC-LEAK o9loa2010 I 73.45 æ9151
Cheque Amount - 73.45
000706 PTTNEY BOVVES
935536754825 COMPREHENSTVE SERMCE 0910412010 I 574.16 009152
Cheque Amount - 574.16
OOOTIO PORTBURWELL HOME HARDWARE
8259 GARBAGE BAGS 08/03/2010 I 25.98 009153
8289 soAP, TlssuES, PAPER TOWELS 0811012010 I 204.47 009153
8292 PAINT, ROLLER, BRUSH 08/10/2010 I 21.74 009153
8302 colLs 0811112010 I 3.72 009153
8330 GARBAGE BAGS 0811612010 I 25.98 009'|53
83sl BYPASS LOPPER 0811912010 I 15.81 009153
Page 3
Cheque Register being Cheque #9122 to Cheque #9227 inclusive,
except Cheques #9120 totaling $1,322,391.68 and Payroll
Page 107 of 161
2010.06.04 6.3 9050
8354
8392
8396
8r'.15
00010931
@1213 RICKVARRO
baining per diem
00't537 RON CATRNS
ûaining perdiem
MUNICIPALITY OF BAYHAM
Accounts Payable
Royal Bank
Cheque Register - 0911612010
09t1612010 2:20PM
PAINT
RAKES
GARBAGE BAGS
TISSUES, PAPER TOWELS
SUPPLIES
TRAINING
08/1912010
0812612010
08127120't0
08/3112010
'19.19 009153
40.66 009153
2s.98 0091s3
93.77 009153
I
I
I
I
OOO733 R& RREFRIGERATION
3069 REPAIRS TO UNIT AT S.C.C.
3072 ANNUAL MAINT. SCC & OFFICE
@0752 RESQTECH SYSTEMS INC
Cheque Amount -477.30
1,354.95 009154
510.99 009154
08119t2010
oel19t2010
Cheque Amount -
07t3112010 I
1,865.94
3/10.13 009'155
Cheque Amount -
0911312010 r
340.13
212.50 009156
Cheque Amount -
0911312010 I
212.50
212.50 009157TRAINING
@0801 SCOTT KRISTENSEN
ûaining perdiem TRAINING
001418 TELUS
015894762026
Cheque Amount -
æt1312010 I
2',t2.50
510.00 009158
015894762026'
DOLI-AR POOL SAMNGS
LATE CHARGES
015894762026" CREDIT
01589476202612005876 CELL PHONE - G ROESCH
01589476202616',t71156 CELL PHONE - G LEMAY
01589476202616171294 CELL PHONE - C JOHNSTON
015894762026t6197656 CELL PHONE - A SWANCE
01589476202616365709 CELL PHONE - PB FIRE DEPT
0'1589476202616365787 CELL PHONE - ROADS DEPT I
015894762026/6366178 CELL PHONE. STRAF FIRE DEPT
01589476202616366198 CELL PHONE - E BRADFIELD
015894762026/6366368 CELL PHONE - E ROLOSON
01589476202616369464 CELL PHONE - K KRUGER
015894762026/6689955 CELL PHONE - B BUTLER
015894762026t9021249 CELL PHONE - ROADS DEPT 2
Cheque Amount -510.00
-196.33 009159
21.27 009159
{.36 009159
195.31 009159
50.06 009159
38.70 009159
50.57 009159
44.86 009159
44.86 009159
44.86 009159
212.42 009159
236.75 009159
52.04 009159
51.92 009159
44.86 009159
0812712010
08127t20't0
08127120'to
08127120't0
0812712010
0812712010
0812712010
08127t2010
08t27t2010
0812712010
08127t2010
0812712010
0812712010
08t27t2010
08127120'lo
c
I
c
I
I
I
I
I
I
I
I
I
I
I
I
OOO879 THAMES VALLEY DISTRICT SCHOOL
Cheque Amount -891.79
Page
Cheque Register being Cheque #9122 to Cheque #9227 inclusive,
except Cheques #9120 totaling $1,322,391.68 and Payroll
Page 108 of 161
Sepf10
000930 TScsToREsL.P.
181o',t5124
MUNICIPALITYOF BAYHAM
Accounts Payable
Royal Bank
Cheque Register - 09/l 6/201 0
2:2OPM
009161
SCHOOL LEVY
ChequeAmount-
0415t2010 I
09/152010 I
@142't W.O.W.W. CONFERENCE
WORKSHOPS
000969 WESTBURNE RUDDY ONTARIO
366ô27S MINIATURE FUSE
@1726 WLLIAIT RINGI-AND
rcimburse credit CREDIT ON TÆ( ACCOUNT
OOO98ô WORKPT.ACE SAFETY & INSURAI.ICE
AIJGUST'10 REMIT
009164
CñequeAmount-
Cheque Run Total -
Cheque Register being Cheque #9122 to Cheque #9227 inclusive,
except Cheques #9120 totaling $1,322,391.68 and Payroll
Page 109 of 161
Cheque Register being Cheque #9122 to Cheque #9227 inclusive,
except Cheques #9120 totaling $1,322,391.68 and Payroll
Page 110 of 161
20't0.08.06 6.3 9050 MUNICIPALITY OF BAYHAM
Accounts Payable
Royal Bank
Cheque Register- Ogl23l2010
001729 9117720NTAR|O INC
o3o REFUNDZONTNG&M|NORVARIN 0912012010 I 1,627.00 009167
ChequeAmount-
0613012010 I
Ogl23f2010 12:57PM
009168
OOOO.IS A.G HAYTER CONTRACTING LTD
smith drain SMITH DRAIN BRANCH 7
OOOO19 A.J. STONE COMPANYLTD
oo0oæ7221 SCBAAIR MASK
OOOO23 AAROCAGGREGATES LTD
JO63O69 SCREENEDTOPSOIL
OOO154 CANADIAN KOOL WATER
1,627.00
2,8ø,9.77
Cheque Amount -
o9l'17120'lo I
2,8/'9.77
124,781.æ
Cheque Amount -
08131120'10 I
124,781.æ
1,828.40 009170
711
714
836
OOO.I75 CEDARSIGNS
19298
OOO22O GJDL
5980
@1432 CULLIGAN
l't0333$515
213951
000001 DPoc
031 postage
WATER BOTTLES - S.C.C.
WATER BOTTLES - OFFICE
WASTER BOTTLES. OFFICE
ChequeAmount-
0u10f2010
oaß120'10
08f2412010
1,828.40
80.00 009171
56.00 009171
40.00 009171
I
I
I
Cheque Amount-
o9n4no10 I
176.00
't70.43 0ú€172SIGNS
EAST PIER REMEDIATION
UNIT RENTAL- S.C.C.
SUPPLIES
POSTAGE
BASKETBALL PAD - S.C.C.
Cheque Amount -
0910712010 I
't70.43
3,493.40 009173
Cheque Amount -
09101120'to ¡
3,493.40
29.32 009174
OOO25O DEL-BAC SALES LIMITED
Cheque Amount -
o9to9t20'to I
29.32
12s.71
Cheque Amount -
0912312010 I
125.7'l
3,390.00 009176
OOO279 EAST ELGIN CONCRETE FORMING
Cheque Amount -
o9l't512010 I
3,390.00
2,599.00 009'1779196
OO17O8 EASTLINK
Sep8127 52245001 1 345 INTERNET
Cheque Amount -
o9rto2010 I
2,599.00
91.47 009178
Page
Cheque Register being Cheque #9122 to Cheque #9227 inclusive,
except Cheques #9120 totaling $1,322,391.68 and Payroll
Page 111 of 161
Sep8127 52245003'1 459 I NTERNET - EDISON MUSEU M
5ep8127522450039965 INTERNET - MARINE MUSEUM
5ep812752245005103 INTERNET - GARAGE
OOO28IÍI ED MATTHEWS CARPENTRY
2010.08.06 6.3 9050
247746
247747
æ0357 G& K SERVICES CANADA INC
1518600837
000367 GENERALCHEMICAL
90354589 ALUMSULFATE
MUNICIPALITY OF BAYHAM
Accounts Payable
Royal Bank
Cheque Register - Ogl23l2O1O
09t10t2010
0911012010
0911012010
09t01t2010 I
Cheque Amount -
0912312010 12:57PM
009178
009178
009178
I
I
!
104.87
51.92
30.45
Cheque Amount -
HANDRAIL - RCHMNO UNITED CHI O9I17I2O1O
RAMP CHAULKING AT V.C.C. O9I17I2O1O
Cheque Amount -
sHoP TOVIELS, FLOOR MATS 0911612010 I
Cheque Amount -
278.71
103.58 009179
4æ.20 009179
192.57
591.13
563.78
192.57 009't80
009181
009'182
OO127O GORD ROESCH
scba lettering
Sep15773-680'15
Sep2526049578
Sep8659O€7008
Sep87ô4G15034
Sep06460{8880
Sept'|266G62007
Sept5399$93004
Sept6886GO8015
Sept73394-81003
000217 TBTGROUP
236/.14
000466 JIMMIJONS
34336
REIMBURSE EXPENSES
UTILITIES. PUMP#s
UTILITIES - OFFICE
UTILITIES. PUMP#2
uTtLtTtES - S.C.C.
UTILITIES - STRAF LIBRARY
UTILITIES. MED BLDG
UTILITIES - PUMPát¿f
UTILITIES - STRAF FIRE
UTILITIES - PUMP#3
CONSULTING FEES
UNIT RENTAL. TUB DAZE
09t17t2010 I
591.13
56.95
OOO427 HYDRO ONE NETWORKS INC
Gheque Amount -56.95
4U.92 009183
674.93 009183
274.10 009183
1,894.73 009183
317.55 009183
123.36 009183
51.88 009183
435.U 009183
69.62 009183
0911312010
09t13t2010
09h312010
09t13t2010
0910912010
09109120't0
0911012010
0910912010
09110f2010
Cheque Amount -
09t1412010 I
4,306.93
4,324.68 009184
Cheque Amount -
0712612010 I
4,324.68
1,327.75 009185
001253 KETCHUM MANUFACTURING INC
11708 DOGTAGS
OOO513 KOOLEN ELECTRIC
Cheque Amount -
09t20t2010 I
1,327.75
181.41 009186
Cheque Amount -181.41
Page
Cheque Register being Cheque #9122 to Cheque #9227 inclusive,
except Cheques #9120 totaling $1,322,391.68 and Payroll
Page 112 of 161
2010.08.06 6.3 9050
16075
16076
001604 LEXISNEXIS CANADA INC.
1020æ74
OOO572 MANULIFE FINA¡,ICIAL
100706326
100706535
MUNICIPALITY OF BAYHAM
Accounts Payable
Royal Bank
Cheque Register- 0912312010
STRAFFSTREETLIGHTREPAIR 09/16/2010
STREETLIGHTREPAIR.VIENNA 09I'1612010
Cheque Amount -
2O1I BUILDINGCODE 0911412010 I
Cheque Amount -
Ogl23l2010 '12:57PM
009'187
009'187
009188
182.69
203.75
386.44
108.94
OCTOBER'10 REMIT
OCTOBER'10 REMIT
09t1012010
ogt10t20'to
108.94
3,681.10 009189
5,¿143.86 009189
000617 MUDFORD FAi'ILY FOOD TOWN
Cheque Arnount-9,124.X)
8.49 009190
8.49 009190
101 10561784
101 10563974
000658 oMERS
Group #041ffX)
4¡9672652
409738592
0000608583
0000608826
0000609159
OOO832 SPRIETASSOCIATES
10-0494
I 0-0497
WATER, SUPPLIES
WATER, SUPPLIES
COURIER SERVICE
COURIER SERVICE
Cheque Amount-
09t16t2010 I
ou't212010
0812012010
INTEREST
001543 OTTER VALLEY CHAMBER OF COMMERCE
table reservation BUSINESS EXPO
OOO727 PUROLATOR COURIER LTD
Cheque Amount -
0912012010 I
53.74
20.00
16.98
53.74 009191
009192
009193
009193
009194
009194
Cheque Amount -
æt03t2010
09110120'to
20.00
88.58
33.38
Cheque Amount -
ogt13t2010
09t10f2010
121.96
35.93
3't.08
000660 RELIANCE HOME COMFORT
Sep0055148374214837 UNIT RENTAL - MED BLDG
Sep006ô310304721018 UNIT RENTAL - E.C.C.
OOO829 SPECTRUM COMMUNICATIONS LTD
HOLIDAY FEE. CIMC HOLIDAY
ANSWERING SERVICE
3 MONTHS RENTAL
Gheque Amount -67.01
1 I .30 009195
84.69 009195
57.63 009195
09115t2010
o9t15t2010
0911512010
I
I
I
SMITH DRAIN - BRANCH NO. 7
DRAIN NO.I
Cheque Amount -'153.62
2,625.00 009'196
12,422.91 009196
06/30/2010
0613012010
001482 SUN MEDIA CORPORATION
Cheque Amount -15,047.91
Page
Cheque Register being Cheque #9122 to Cheque #9227 inclusive,
except Cheques #9120 totaling $1,322,391.68 and Payroll
Page 113 of 161
2010.08.06 6.3 9050
DW05109581
DW05109582
354669
354686
354687
354901
355222
355235
355274
355324
355369
355695
355768
OOO981 WLSON'S IáWN CARE
2O1O VOTERS LIST
ELECTIONS STAFF
PRIMER
CLEANER. SCREIA/DRI\ÆR
POSTS
FI-ASHLIGHT BATTERY
MARKING PAINT
CONCRETE MIX
ARTISTS BRUSHES
PIPE
BUG B GONE
SHOVEL, POSTS
POSTS
AUGUSTIO I.ANDSCAPING
RICHMOND ROAD DRAIN WORK
MUNICIPALIW OF BAYHAM
Accounts Payable
Royal Bank
Cheque Register - 0512312010
09/03/2010
09/03/2010
Cheque Amount -
09/052010
09/05/2010
09/05/2010
09/05/2010
Ogn3l2ï10 12:57PM
009'197
009197
009198
009198
009198
009198
350.30
247.47
001418 TELUS
01 624249æ24123490'1 4 MOBÍ LE H I GH SPEED
016242498024/6366069 CELL PHONE - B KNIFTON
0't624249802416780758 MOBILE HIGH SPEED
016242498024Æ7817 43 MOBILE HIGH SPEED
I
I
I
I
597.77
41.75
28.93
41.75
43.06
Cheque Amount -
OOO914 TOWNSHIP SOUTH-WEST OXFORD
67-20'10 PURCHASE FROM MCS - PAGERS 0911712010 I
Cheque Amount -
OOO935 UNION GAS LIMITED
S€p27$210619G975,4 UTILITIES - E.C.C.
&p273-.210É,243Æ725 UTILITIES - PUMP#1
Cheque Amount-
OOO953 VIENNAHOMECENTERLTD
155.49
't,639.63 009199
09tßr2u0 r
0911312010 I
1,639.63
26.59 009200
21-47 009200
0aæt2010
08/03/2010
08/04t2010
08/09/2010
ou17f2010
0811712010
08118f2010
08|/192010
0812012010
ou30l20'10
0813112010
48.06
28.24
12.41
93.34
10.'16
15.80
27.05
5.05
17.52
9.93
159.50
138.67
009201
009201
009201
009201
009201
009201
009201
009201
009201
009201
00920'l
Cheque Amount -517.67
2,271.30 009202
7U-50 009202
o8t3'1t2010
0813'v2010
Aug'10
drainage work
000986 WORKPIáCE SAFETY & INSURANCE
1625314Sep PREMIUM
OOO99O ZAP'S TREE AND H\¡/N SERVICE
Cheque Amount -
09t10t20'to I
3,005.80
102.25 009203
Cheque Amount -102.25
1,452.05 00920400001561TREE REMOVAL 0911312010 I
Page
Cheque Register being Cheque #9122 to Cheque #9227 inclusive,
except Cheques #9120 totaling $1,322,391.68 and Payroll
Page 114 of 161
Cheque Register being Cheque #9122 to Cheque #9227 inclusive,
except Cheques #9120 totaling $1,322,391.68 and Payroll
Page 115 of 161
2010.08.06 6.3 9050 MUNICIPALITY OF BAYHAM
Accounts Payable
Royal Bank
Cheque Register - 09123f2010
IN MEMORYOF PAUL MILIáRD O9I23I2O1O I
Cheque Amount -
Cheque Run Total -
Ogl23l2010 l:35PM
75.00
OOO4O5 HEART&STROKE FOUNDATION
Page
Cheque Register being Cheque #9122 to Cheque #9227 inclusive,
except Cheques #9120 totaling $1,322,391.68 and Payroll
Page 116 of 161
æ0505 KEYSTONE COMPUTER RESOURCES
20r000079 COMPLETE CARE
000633 NATURAL RESOURCE GAS LIMITED
UTILITIES - VIENNA STREETLIGHT
UTILITIES - PB STL HWY19
UTILITIES. STRAF STL
UTILITIES - RICHMOND STL
UTILITIES - EDEN STREETLIGHTS
UTILITIES - CORINTH STL
2010.08.06 6.3 9050
00ís65 EMCO CORPORATION
5403931{0
0@322 EVANS UTILITY
0000137236
O0f/,27 HYDRO ONE NETWORKS INC
MUNICIPALITY OF BAYHAM
Accounts Payable
Royal Bank
Cheque Register - Ogl27 12010
TRAFFIC REP KIT, PARTS o9t1612010 I
Cheque Amount -
PARTS FOR VIENNA PROJECT O9I17I2O'IO I
ChequeAmount-
09t2712010 9:264M
355.33 009206
355.33
5,549.05 009207
5,549.05
661.11 @9208
1,93/'.54 009208
1,226.52 @9208
218.76 @9208
6s't.96 009208
274.54 009208
4,5ô7.43
9,040.00 009209
9,040.00
't.93
1.93
57.13 009211
15.38 009211
72.51
'13.68 009212
13.68
19,999.93
æt1712010
o9117t20'to
09t17t2010
o9i17no10
ogt17no10
09t17n010
Cheque Amount -
0912012010 I
Cheque Amount -
001550 MARYALICE HAI.¡SON
kids'supplies SUPPL¡ES FOR KIDS PROGRAII æ127f2010 I
SepE123784'l
SepE22æ041
UTILITIES - FIREHALL
UTIUTIES-PUMP#s
Cheque Amount -
0911712010 I
09i1712010 I
000969 VìJESTBURNE RUDDY ONTARIO
3684298 MINIFUSES
Cheque Amount -
o9Ít0120'lo I
Cheque Amount -
Cheque Run Total -
Page
Cheque Register being Cheque #9122 to Cheque #9227 inclusive,
except Cheques #9120 totaling $1,322,391.68 and Payroll
Page 117 of 161
2010.08.06 6.3 9050 MUNICIPALITY OF BAYHAM
Accounts Payable
Royal Bank
Cheque Register - 0913012010
09/30/2010 3:04PM
OOOO19 A.J. STONE COMPANY LTD
0000097277 RED HELMETS 0912112010 t 746.77 æ9213
0000097334 ACCESSORY, FtT TESTING 0912412010 I 20.18 009213
Cheque Amount - 766.95
OOOO23 AAROCAGGREGATES LTD
J063135 TOPSO|L, ASPHALT 0912312010 I 212.95 0092',14
Cheque Amount - 212.95
OOOI6O CANON CANADA INC.
6548721 QUARTERLY METER B|LL|NG 0912012010 I 731.68 009215
Cheque Amount - 731.68
OOO272 DYNAMIC FLUID PRODUCTS INC
t432874 CRTMPS, HOSE, SLEEVES 0912A2010 I 99.09 009216
Cheque Amount - 99.09
OOI731 HICKS MORLEY HAMILTON STEWART
205650 PROFESSTONAL SERVTCES 09t2412010 I 1,425.50 009217
Cheque Amount - 1,425.50
OOO427 HYDRO ONE NETWORKS INC
Sep50221{5009 UTILITIES - SEV\IER PLANT 0912012010 I 4,962.79 009218
Cheque Amount - 4,962.79
OOO44O JLHCOMPUTING
computer REFURBISHED DELLTABLET Ogl29l2OlO I 1,7'96.70 009219
Cheque Amount - 1,796.70
000446 JACKIE BOOTLE
Sepl$Oct15/10 MANAGERFEES
Cheque Amount - 791.66
OO173O KARI SCHROYENS
reimburse credit CREDIT ON TAX ACCOUNT Ogl27l2O1O I U7S7 009221
Cheque Amount -347.97
OOO513 KOOLEN ELECTRIC
16111
16112
16113
16't14
161 l5
Cheque Amount - 6,489.53
OO147O LEANNWALSH
office - supplies REIMBURSE FOR SUPPLIES 09/18/2010 I 73.0'1 009223
o9t27t2010 I 791.66 009220
NEW LTGHT - MTLTON & WATERLO O9t23t2010 I 988.75 009222
NEW LTGHT - 55 CHAPEL STREET 0912312010 I 1,481.90 009222
NEW LTGHT - 9248 EAST STREET 0912312010 I ',1,8/i0.25 009222
NEW LTGHT - 56874 EDEN LINE 0912312010 I 988.75 009222
NEW LTGHT - 54357 BEST LINE 0912312010 I '1,189.88 009222
Page 1
Cheque Register being Cheque #9122 to Cheque #9227 inclusive,
except Cheques #9120 totaling $1,322,391.68 and Payroll
Page 118 of 161
2010.08.06 6.3 9050
000633 NATURAL RESOURCE GAS LIMITED
MUNICIPALITY OF BAYHAM
Accounts Payable
Royal Bank
Cheque Register - 09/3012010
Cheque Amount-
09/302010 3:04PM
SepE'|42124'l
SepE45410{1
SepF19290{'l
SepF2060G01
SepF2686441
SepG(F21G01
SepG06307{1
SepGlST@{1
SepG4040741
SepE4ã407{l
SepE4llO$Ol
SepESl60GOl
SeptC'Oæ0æf
OOO845 STEVENVALKO
reimburse
(xXþ38 UN¡VERSITY OF GUELPH
conference
UTILITIES - MED BLDG
UTILITIES - LIBRARY
UTILITIES. EDISON MUSEUM
UTILITIES. V.C.C.
UTILITIES. PUMP#6
UTILITIES. PB LIBRARY
UTILITIES. PB FIREHALL
UTILITIES - PB OPP OFFICE
UTILITIES - PB WORKS GARAGE
UTILITIES - OFFICE
UTILITIES. PUMP#2
UTILITIES. GARAGE
UTILITIES. MARINE MUSEUM
o9l't712010
0911712010
0911u2010
09/18X2010
09/182010
09/19/2010
09n9r20'to
o9l't912010
09119120'lo
o9l't72:010
o9l't7f2010
09117120'10
0s/192010
73.01
13.00
13.00
13.00
37.20
16.'t8
13.00
13.00
13.00
13.00
37.3',1
14.57
21.52
13.00
009224
009224
@9224
009224
009224
009224
009224
009224
@9224
0æ224
@9224
009224
æ9224
Gheque Arnount -
001434 STAAITEC CONSULTING LTD.
497559 RICHMOND COMMUNITYWATER O9lßr2010 I
230.78
4.U',t.37 0æ225
009226
ChequeAmount-
REIMBURSE DAÀTAGE DEPOSIT æ118P.010 I
DRAINAGE CONFERENCE
Cheque Amount-
o9t27t2010 I
Cheque Arnount -
Gheque Run Total -
4,341.37
290.00
290.@
50.85 009227
50.85
22,610.83
Page
Cheque Register being Cheque #9122 to Cheque #9227 inclusive,
except Cheques #9120 totaling $1,322,391.68 and Payroll
Page 119 of 161
i.æ.u6.3 soso MUN¡CIPALITYOF BAYHAM 09/f 62010 2:54PM
General Ledger
PostedBy: SANDRAAccounts PaYable Voided Gheque
Fiscal Yeac 2010
Posting Summary Trace: 012999 Report Date: 09/16/2010
Date: 09/162010
01{10G1030 Ge¡eralbank
O1{10G1950 Accounts Payable Trade
CDIST cftange in vendor name
CDIST ctrange in vendor name
Vold Chq:9120
KEYSTONE COMPUTER RE
Void Chq:9120
KEYSTONE COMPUTER RE
Total Debits
Total ûedits
llet Posting
r5.00
-15.00
15.00
-'t5.00
0.00
Page
Cheque Register being Cheque #9122 to Cheque #9227 inclusive,
except Cheques #9120 totaling $1,322,391.68 and Payroll
Page 120 of 161
EORI{ HUNICIPALITY OF IAYHAI.I
TOT PACKETS - 2
CURRENT
8,094.É7
ADP CANADAPAYROLL TECHNOLOGIES
DAILY UPDATE REPORT. CO],IPANY TOTALS
ADJUST.CR CURRENT TOTAL
8,094.â7
L,L87.2L
3,332,62
977,60
13,592.00
36,596,aL
36,E96.tL
50,1EE.31
127 .25
L6.54
50 ,332. 1 0
ANALYSIS OF SERVICE CHARGES
ITEi'I UNITS CHARGE
HOURLY WORKPAYS 16 26.40
COURTER FÊE 1 12.00
RUN: SEP 21 ?OLO NO: E
PAGE: 472
HST REGr 100057413 RTO004
C0i{PANY PAGE ¡ 5
DEBIT DATE¡ SEP 22, ?OLO
DATE 0F PAY¡ SEP 24, 2010
ADJUST.DR YTD ADJUST
I TETI
PAYROLL RUNS
YTD TOTAL
L63,382.39
35,350 . 45
85,29L,26
20,290.âO
304,284.60
37 ,447.8L
720,690.16
E0.00
758,188.37
L ,062,472.97
2,71O.29
88.95
L23.69
1,065,415.90
UNITS
I
FEDL TAX
NR TAX
PROV TAX
EI CONT
QPIP
CAN PEN
QC PEN
QC HSF
ON EHT
I.IB HET
NL HAPSET
TOT STATS
CI{EQUES
DEPOS ITS
US DEPS
DED DEPS
TOT NPAY
RRSP
RT¡
lOT PAYROL
SERV CIìRG
GST
1{ST
GRAND TOT
L,LA7.2L
1,t32.62
977 .60
13,592. 00
36,196.íL
36 ,896,3L
50,18E.51
L27 .28
L6.54
50,332.10
FEDL TAX
NR TAX
PROV TAX
EI CONT
QPfP
CAN PEN
QC PEN
QC l{SF
ON EI.IT
l,lB llET
NL HAPSET
TOT STATS
CHEQUES
DEPOS ITS
US DEPS
DED DEPS
TOT NPAY
RRSP
RTI
TOT PAYROL
SERV CHRC
GST
HST
CRAND TOT
CHARGE
47.93
ITEI'I UNITS
SALARIED I¡IoRKPAYS 20
PAY ADVICE FOLD 36
TOTAL S,/C SUBJECT TO HST IS
TOTAL PAYROLL DEBTT IS
CHARGE
33. 00
7.9?
L27.28
50,332.10 DEBII INFoRÌ.|ATI0Ns 003 05102 1011923
C
h
e
q
u
e
R
e
g
i
s
t
e
r
b
e
i
n
g
C
h
e
q
u
e
#
9
1
2
2
t
o
C
h
e
q
u
e
#
9
2
2
7
i
n
c
l
u
s
i
v
e
,
e
x
c
e
p
t
C
h
e
q
u
e
s
#
9
1
2
0
t
o
t
a
l
i
n
g
$
1
,
3
2
2
,
3
9
1
.
6
8
a
n
d
P
a
y
r
o
l
l
P
a
g
e
1
2
1
o
f
1
6
1
Page 122 of 161
ElgrnCounty
Kyle S. Kruger
Municipality of Bayham
9344 Plank Rd, P.O. Box 160
Straffordville, ON NOJ 1Y0
Attn: Kyle S. Kruger
On September 14th, 2010 Elgin County Council passed a resolution that in the spirit of
coopeiation, County Council members would make the recommendation to their
resiective municipál councils, that their roads departments install individual orders of
Elgin County Tourism Signage.
As part of an initial bulk order, appro4.imately 190 new Elgin County tourism signs have
been erected on County roads. This program is ongoing and additional individual orders
for tourism signage are expected to,be received. Additional applications for new tourism
signs are expãcteO to be small in number, and, therefore are not expected to place great
demands on municipal roads staff.
Applications for tourism signage ú/ill be received and processed by the Economic
Development Office. Engineering Services will then review and approve the locations,
order the production of the signs, and contact the municipality where the sign is to be
located. The municipality will then have two weeks, weather/seasonally permitting, in
which to install the sign.
Based on consultations with municipal staff, it was determined that the following fees will
be paid by the County to each municipality for the installation of tourism signage:
. lnstallation of a type one rural sign - $600. lnstallation of a type two urban sign- $300. lnstallation of a tab on an existing type one rural sign -$200
We request that you take this proposal to your next municipal council meeting and
inform us of the outcome.
T
A
General Manager of Economic Development
The Gounty of Elgin
450 Sunset Drive
St. Thomas, ON NsR 5V1
Fax: 519-631 -4549
MI.'NICIPALITY YIlAM
ECË
OCT -
A ta
VI
2û10
County of Elgln
Economlc Development
450 Sunset Drive
St. Thomas, On NSR 5V1
Phone: 519-631-1460
www.elgincounty.ca
Progressive by Nature
Correspondence received October 1, 2010 from County of Elgin
regarding "Installation of Tourism Signage".
Page 123 of 161
Page 124 of 161
I
CORPORATION OF THE MUNICIPALITY OF BAYHAM
STAFF MEMORANDT]M
TO: Mayor & Members of Council
FROM: Kyle Kruger, Administrator
SUBJECT: Letter from Jo-Lynn Pt. Burwell Inc. re Rezoning Fees
DATE: September 20, 2010
FILE: Àl* Jot-v rJ I
Attached please find a letter dated September 2,2010 from Jo-Lynn Pt. Burwell Inc. requesting refund of
duplicate rezoning fees of $2,000. The letter outlines the reasons for the request and also cites concerns
with time for reviews of electrical plans and Hydro One costs.
Staff would like to provide some additional information regarding this request.
Hydro Designs
Staff are not clear on the delays cited. Municipal records indicate the following in regard to hydro plans:
March 24,2009 - receipt of original hydro plan from L. Girard's offrce (engineer for Jo-Lynn)
April 30,2009 - provision of approval of hydro plan to L. Girard
April 29,2010 - receipt of revised hydro plan (phase one only) from L. Girard
May 5, 2010 - provision of approval of revised hydro plan to L. Girard
Rezoning
The letter notes rezoning fees of $2,000. However, per policy, the "deposit" portion has been refunded on
for the first application received and pending any appeals, is scheduled for the second application. The
total application fees levied to Jo-Lynn Construction will then equal $2,000. Lastly, fees for removal of
the "H" designation for the lands ($500 net fee) are not yet invoiced.
Apr 3107 application fee $2000 collected
Sep 17107 refunded $1000 deposit portion to Jo-Lynn Construction
** Total cost to Jo-Lynn Construction $1000
JluIy 22110 application fee $2000 collected
Refund of $1000 deposit portion to Jo-Lynn Construction pending
** Total cost to Jo-Lynn Construction $1000
It was necessary to amend the zoning in 2007 in order for the draft plan of subdivision to be compliant
with zoning. Jo-Lynn's agent completed the original application to match the R2 zoning of the former
Village of Port Burwell. Review by the Municipal planning consultant provided a by-law with provisions
based on what was proposed in the draft plan, but was intended not to reduce provisions any further than
what was shown on the draft plan. The original draft by-law and accompanying staff report were shared
with the applicant.
Subsequently, def,rciencies in the zoning dimensions were realized when the surveyors were preparing the
final subdivision plan in July 2010. The second rezoning process was completed to correct these
deficiencies.
Staff Memorandum regarding Letter from Jo-Lynn Pt. Burwell
Inc. re Rezoning Fees.
Page 125 of 161
Jo.tYilil PT, BURWELT IJ{G.
P-o-Elo>< 215 Elrantford ontarlo Ngr stvt€l3Cl1 Elrant Count¡z Fload #1e
Te[ (51S752.2399 Fax (519Þ752.7S03
September 2,2010
Municipality of Bayham
Town Council
Subject: Refund of duplicate rezoning fees $2.000.00
I am writing to you as a frustrated small developer trying to get an old subdivision resurrected
and on line for over 3 years now. I have been diligent in paying all my fees, LOC and pier
reviews from other engineers, (as you have no one on staff) and now when I come to register the
plan the surveyor found an enor in the zoningwording. I abeady paid once to have this rezoned
and any errors should have been caught at that time by the municipality and it wasn't. I don't
feel I should have to pay again. The same thing happened with Hydro One. The towns' pier
review did not give the OK within 6 months time line and Hydro One charged for a redesign
which I had to pay or they would not have proceeded.
It is almost fall and I missed the 2010 building season because of delays and now must bare the
cost to carry this project over the winter.
Thank you for your understanding.
JO-LYNN PT. BURV/ELL INC.
President
Staff Memorandum regarding Letter from Jo-Lynn Pt. Burwell
Inc. re Rezoning Fees.
Page 126 of 161
q
From: Jeanette [mailto:jeanette@amtelecom.net] | {r( '
Sent: Friday, October 01, 2010 9:28 AM
To: dwilson@malahide.ca; mcåsvecchia@malahide.ca; lynnacre@amtelecom.net; Sandra
Maeftens; Kyle Kruger; Lynda Millard
Cc: danielle@amtelecom.net; russ_monteith@hotmail.com
Subject FW: OEB making changes to the GDAR
Importance: High
I am forwarding this to all you as I know the NRG Franchise Agreement between Malahide and
NRG as well as Bayham and NRG are both up for renewal in the near future. lt would be
benefìcial for your constituents who deal with NRG as their gas supplier to have each of you
make your comments and recommendations to the OEB in regards to the attached Customer
Service Amendments. I hope you will alltake the time to think about this and write to the OEB
any comments and suggestions you may haven.
Sincerely,
Jeanette Brubacher
Frc m : Jea nette [ma ilto :jea nette@a mtelecom. net]
Sent: Thursday, September 30, 2010 11:39 AM
To: marbaldw@yahoo.com; ceppsont@yahoo.ca; Heather Adams; Jack Couckuyt;
johnvand@amtelecom.net; iwright@amtelecom.net; msfrench@amtelecom.net;
mayor@town.aylmer.on.ca; Nancie lruing
Cc: russ_monteith@hotmail.com; (danielle@amtelecom.net)
Subject OEB making changes to the GDAR
Importance: High
Good Morning Everyone! I am wondering if the Town of Aylmer is planning on sending
comments and recommendations to the OEB on the attached matter of changes to the Gas
Distribution Access Rule. Currently there are really no rules surrounding customer service for
Gas companies as we found out with NRG. The OEB is now taking the initiative to ensure that
rules are in place for all Gas companies to abide by. I wanted to bring this to your attention and
ask that the Town of Aylmer submit on behalf of their residents a letter outlining some Customer
Service Standards for gas companies to abide by in Ontario. For many years Aylmer residents
were unhappy with NRG, and here is our chance to stand up and make a difference and have a
voice once again. Before we know it, NRG's franchise agreement will be up for renewal again, it
is time NOW to stand up and ensure that changes are made so NRG cannot fall back to their old
ways of practicing business in our area!
Thanks,
Jeanette Brubacher
Correspondence dated September 21, 2010 from Ontario Energy
Board regarding "Amendments to the Gas Distribution Access
Page 127 of 161
Ontario Energy
Board
P.O. Box 2319
271h. Floor
2300 Yonge Street
Toronto ON M4P 1E4
Telephone: 416- 481-19ì7
Facsimile: 416-44G7ô56
Tollfree: 1-888€32€273
Gommission de l'Énergie
de I'Ontario
c.P.2319
27e êlage
2300, rue Yonge
Toronto ON M4P lE4
Téléphone; 41È 481-1967
Télécopieur: 41 6- ¿140-765ô
Numéro sans frais: 1-888632-6273
BY E.MAIL AND WEB POSTING
September 21,2010
To: All Rate-Regulated Natural Gas Distributors
Al I Participants i n EB-20 I 0 -0280, EB-2007-07 22, EB-2008-031 3 and
E8-2008-0150
All Other lnterested Parties
Re: Customer Service Amendments to the Gas Distribution Access Rule
Board File No.: EB-2010-0280
The purpose of this letter is to inform stakeholders that the Ontario Energy Board (the
'Board") will be seeking wr¡tten comments on future proposed amendments to the Gas
Distribution Access Rule (the'GDAR') pertaining to customer service rules for gas
distributors including customer servíce rules tailored to low-income customers.
This initiative will result in development, where appropriate, of customer service
standards applicable to all customers of natural gas distributors similar to those
developed for customers of electricity distributors. The new rules are expected to
provide greater protection and certa¡nty for customers while allowing natural gas
distributors an appropriate measure of flexibility to allow them to account for operational
considerations.
This letter sets out the scope of the consultation and the approach that the Board
intends to use to amend the GDAR and provides information on how interested
stakeholders can participate in this consultation.
Background
On July 2, 2010 the Board issued final customer service rules that are intended to assist
all electricity customers as part of its consultation on "Electricity Distributors: Customer
Service, Rate Classification and Non-Payment Risk" (EB-2007-0722).
ln its July 22,2010letter, the Board informed stakeholders about the future initiatives
that the Board would undertake as part of its low-income energy assistance program
Correspondence dated September 21, 2010 from Ontario Energy
Board regarding "Amendments to the Gas Distribution Access
Page 128 of 161
_2_
Ontar¡o Energy Board
including the development of rules for natural gas distributors similar to those developed
for electricity distributors as part of EB-2007-0722, including customer service rules
tailored to low-income customers.
Scope
As indicated above, the Board will develop customer service rules for natural gas
distributors similar to those developed for electricity distributors including customer
service rules tailored to low-income customers. Specifically, customer service rules are
expected to be developed in the following areas:
¡. Bill issuance and payment;
ii. Allocation of payments between gas and non{as charges;¡ii. Correction of billing errors;iv. Equal payment and equal bílling plans;v. Disconnection for non-payment;vi. Security deposits;vii. Arrears management programs; andviii. Management of customer accounts.
Approach
The Board is proposing to amend the GDAR by way of a notice and comment process
and will be seeking written comments on the proposed amendments.
Gost Awards
Cost awards will be available to eligible persons under section 30 of the Ontario Energy
Board Act, 1998 in respect of their participation in this consultation. Costs awarded will
be recovered from all rate-regulated natural gas distributors based on their respective
distribution revenues.
Attachment A to this letter contains important information regarding cost awards
for this consultation, including the process for making eligibility requests and
objections.
lnvitation to Participate and Filing lnstructions
The Board encourages participation in this consultation process by all interested
stakeholders. Those interested in participating should indicate their intent by letter
addressed to the Board Secretary by October 5,2010. The letter should include a
statement as to whether the participant wishes to request cost eligibility. All requests for
cost eligibility must be accompanied by the information specified in Attachment A under
the heading .Cost Award Eligibility'.
Correspondence dated September 21, 2010 from Ontario Energy
Board regarding "Amendments to the Gas Distribution Access
Page 129 of 161
_3_
Ontario Energy Board
All filings to the Board in relation to this consultation must be addressed to the Board
Secretary. Two paper copies of each filing must be provided. The Board asks that
participants make every effort to provide an electronic copy of their filings in
searchable/unrestricted Adobe Acrobat (PDF) format and to submit their filings through
the Board's web portal at www.errr.oeb.gov.on.ca. A user lD is required to submit
documents through the Board's web portal. lf you do not have a user lD, please visít
the "e-filing services" webpage on the Board's website at www.oeb.gov.on.ca and fill out
a user lD password request. Additionally, interested stakeholders are asked to follow
the document naming conventions and document submission standards outlined in the
document entitled RESS Documents Preparation - A Quick Guide also found on the "e-
filing services' webpage. lf the Board's web portal is not available, electronic copies of
filings may be filed by e-mail at boardsec@oeb.qov.on.ca. Those who do not have
internet access should submit the electronic copy of their filing on CD.
Filings must be received by 4:45 pm on the required date. They must quote file number
EB-2010-0280 and include your name, postal address, telephone number and, if
applicable, an e-mail address and fax number.
All materials related to this consultation will be posted on the'Regulatory Proceedings"
portion of the Board's website at www.oeb.oov.on.ca. The material will also be available
for public inspection at the Board's office during normal business hours.
Questions relating to this consultation should be directed to Beverley Jalfray at
416-440-8101 or by e-mail at Beverley.Jaffray@oeb.gov.on.ca. The Board's toll free
number is 1-888-632-6273, and the Market Operations Hotline is 416440-7604.
Yours truly,
Original Signed By
Kirsten Walli
Board Secretary
Attachment
Correspondence dated September 21, 2010 from Ontario Energy
Board regarding "Amendments to the Gas Distribution Access
Page 130 of 161
Attachment A
Cost Awards
Cost Award Eligibility
The Board will determine eligibility for costs in accordance with tts Practice Direction on
Cost Awards. Any person requesting cost eligibility must file with the Board a written
submission to that effect by October 5,2010, identifying the nature of the person's
interest in this consultation and the grounds on which the person believes that it is
eligible for an award of costs (including addressing the Board's cost eligibility criteria as
set out in section 3 of the Board's Practice Direction on Cost Awards). An explanation
of any other funding to which the person has access must also be provided, as should
the name and credentials of any lawyer, analyst or consultant that the person intends to
retain, if known. All requests for cost eligibility will be posted on the Board's website.
Rate-regulated electricity distributors will be provided with an opportunity to object to
any of the requests for cost award eligibility. lf a distributor has any objections to any of
the requests for cost eligibility, such objections must be filed with the Board by October
19,2010. Any objections will be posted on the Board's website. The Board will then
make a final determination on the cost eligibility of the requesting participants.
Activities Eligible for Gost Awards
Cost awards will be available for provision of written comments. Eligible hours per
participant and other information pertaining to cost wards related to this consultation will
be issued at a later date.
Cost Awards
When determining the amount of the cost awards, the Board will apply the principles set
out in section 5 of its Practice Direction on Cosf Awards. Groups representing the same
interests or class of persons are expected to make every effort to coordinate their
participation in this process. The Board will consider any lack of coordination when
determining the amount of a cost award. The maximum hourly rates set out in the
Board's Cost Awards Tariff will also be applied.
The Board will use the process set out in section 12 of its Practice Direction on Cosf
Awards to implement the payment of the cost awards. Therefore, the Board will act as
a clearing house for all payments of cost awards in this process. For more information
on this process, please see the Board's Practice Direction on Cost Awards and the
October 27,2005letter regarding the rationale for the Board acting as a clearing house
for the cost award payments. These documents can be found on the Board's website at
www.oeb.gov.on.ca on the "Rules, Guidelines and Forms" webpage.
Correspondence dated September 21, 2010 from Ontario Energy
Board regarding "Amendments to the Gas Distribution Access
Page 131 of 161
Page 132 of 161
?
TO: Mayor & Members of Council
FROM: Kyle Kruger, Administrator
SUBJECT: East Elgin Mapping Partnership - Potential lnclusion of County of Elgin
Council will recall that a partnership was formed with the Township of Malahide and the Town of Aylmer
in 2009 to establish a joint GIS (mapping) system. The goup has been approached by County of Elgin
staff for preliminary discussions ofjoining the group, primarily for planning pu{poses.
Auached is a report prepared by staff at the Township of Malahide that outlines the discussions to date,
and the initial response from staff of the existing partners respecting County "buy-in". Bayham staff
concur with the information in the report. As noted in this report, this item is brought forward for
information at this time.
DATE: October 4,2010
FILE:
CORPORATION OF'TIIE MUNICIPALITY OF BAYHAM
Staff Memorandum regarding East Elgin Mapping Partnership -
Potential Inclusion of County of Elgin.
Page 133 of 161
D¡
Aiioud tad¡tion, û btiEhciuautê.
Report No: CS-10-21
Date:
15/09/2010
Attachments
GIS Agreement
November 6, 20(þ
Gornmunity & Gorporate Seruices - East Elgin Mapping
Partnership with the GounW of Elgin
THAT Report No. GS-10-21 entitled Community & Corporate Services - East Elgin Mapping
PartnershÍp with the County of Elgin be received.
Actlon Recomfnended: /
That Report No.GS-10-21 entitled Community & Gorporaie Services - East Elgin Mapping
Partnership with the Gounty of Elgin be received.
RepoÍE
The purpose of this report is to present the East E (Malahide, Bayham &
Aylmer)'with a request from the County of Elgin to of joining-as a partner'
má fÀ*rJnip of Malahide was approãched earlie Evâns, Manager of
planníng to aisess the state of thä GIS system and determine if the system was compatible with
the County's long term mapping goals.
The Township was invited to make a presentâtion to the Gountt's senior management team in
July. ln Augu'st, Mr. Evans contacted ihe Township and expressed interest in explorÍng the
poısibitity ıt¡oíning the parhership, I informed ,¡li. Evans that in order to allow new partners, all
Ívee of t'ne dxiting-partners must agree to open up the agreement. On September 16, _2010.the
fanners met to OËóuss the Countt'ã request. lt was agreed that negotiations with the County of
Êþin should be undertaken to assess the feasibifity of the County joining the partnership'
The East Elgin Mapping be charged $15,557..00 for
tfrJin¡t¡aL Uu-y in, prli S+ n to $48'48/hour for the
technician'siime'(this ra necessary). This is the
same cost that the three original partners paid to form the partnership.
requíred by the County are yet to be determined' This
and the three partners' Once discussions have been
nt and type of services has been identified a draft
agreement will be brought lorward for the respective Council's consÍderation'
This repori is for information proposes only, no further action is required at this time'
Submitted by: Eugenio DiMeo
Staff Memorandum regarding East Elgin Mapping Partnership -
Potential Inclusion of County of Elgin.
Page 134 of 161
TO: Mayor & Members of Council
FROM: Kyle Kruger, Administrator
SUBJECT : Richmond'Water Hydro geolo gical Asses sment Update
DATE: October 4,2010
FILE:
NUMBER: E2010-10
Purpose
This report is to provide an update on progtess and
the Richmond W ater Hydro geolo gical Assessment.
initiate next steps regarding initial results of
Bacþround
As Council will recall, Stantec Consulting Ltd. was retained in the spring to carry out the
required hydrogeological assessment for the Richmond Water system, with estimated costs
totaling $119,000 (including engineering fees at an upset cost of $43,250). Subsequent quotes
for the water supply well construction and testing came in well within budget at approximately
$19,000.
Hayden Water Wells has now proceeded with the initial well exploration in Richmond, at a
location near the existing pumphouse, and sampling results have now been obtained. The
following is the brief received from Stantec:
"'We've encountered a bit of a problem with regards to the water quality results for Richmond.
Essentially, all water quality parameters related to safety were great, but chloride and sodium is
exceptionally high at two to three times the aesthetic limit. The concem is that, at this high
elevation, the water may actually have a saþ taste. Accordingly, I have discussed potential
options with Stantec staffand have prepared the following overview of options for your review:
ISSUE: The test well (TW1-10) drilled beside the existing pumphouse appears to have the
yield available to more than meet the current and future water demands of the community
(although this will have to be confirmed by performing a pumping test on the well). However,
the potential issue with the well is not quantity, but quality. A water sample obtained from the
test well has revealed that the water from the bedrock aquifer is characterized by high
concentrations of chloride and sodium. A chloride concentration of 750 mgll was detected in
the well water, exceeding the Ontario Drinking Water Objective (ODV/S) of 250 mglL.
Similarly, a sodium concentration of 410 mglL was detected in the well water, exceeding the
ODWS of 200 mglL. Although there were elevated concentrations of some other non-health
related parameters (i.e., iron, manganese, sulphate), these concentrations can be lowered in the
water before consumption using established treatment technologies.
In the opinion of Stantec, we feel the Municipality has the following options to consider:
OPTION 1 - Proceed with testing TV/l-10 with the objective of establishing this well as the
municipal water supply source for the Richmond community
PROS:
. Based on hydrostratigraphic conditions (e.g., subsurface geology) and water quality testing
results, Stantec is of the opinion that the well will likely be classified as Not GUDI;
. Ample yield available to meet water demands of community (to be confirmed by pumping
test);
Staff Report E2010-10 regarding Richmond Water
Hydrogeological Assessment Update.
Page 135 of 161
2
. Close proximity to existing pump house / treatment facility: less expenditure on
infrastructure to hook up well to existing distribution / treatment system;
. Well located on land already owned by the Municipality.
CONS:
. The current concentrations of chloride and sodium in the well water greatly exceed the
ODV/S for these parameters and, as a result, the water is expected to have a detectable salty
taste;
. No established and/or inexpensive means of removing chloride and sodium from drinking
water;
. Sodium concentration exceeds the Ministry of Health objective of 20 mglL. The water
would not be suitable for consumption by individuals suffering from hypertension, heart
disease and/or are on a sodium-restricted diet.
OPTION 2 - Proceed with drilling the second test well location (end of John Street
approximately 100 m away from TW1-10)
PROS:
. Possibility of finding a sufficient yielding overburden (e.g., sand andlor gravel lens) or
bedrock aquifer characteÅzed by more favorable water quality conditions;
. Location still relatively close to existing pump house / treatment facility;
. Test well could be used as a stand-by / back-up well to TW1-10 (or vice versa);
. If better water quality is found, this water could be blended with water from TWl-10 to
reduce overall chloride and sodium concentrations (in the event that the new test well
produces less than optimum yields).
CONS:
. Moving to new drilling location does not guarantee that we will find geological / aquifer
conditions that differ substantially from the TWl-10 location;
. Increased future expenditure related to connecting the test well to existing infrastructure;
. Lands where drilling will occur are privately owned and will require the Municipality to
enter into an agreement with the land owner to operate the well on this land (e.g., financial
compensation)
OPTION 3 - Proceed with drilling the third test well location (park owned by Municipality)
PROS:
. Possibility of finding a sufhcient yielding overburden (e.g., sand and/or gravel lens) or
bedrock aquifer characterized by more favorable water quality conditions;
CONS:
. Moving to new drilling location does not guarantee that we will hnd geological / aquifer
conditions that differ substantially from the TWl-10 location;
. Potential for substantial future expenditures related to connecting the test well to existing
infrastructure, given the distance of this location from the TWl-10 location.
OPTION 4 - Explore the possibility of using the Hoover-owned private well as the future
supply well for the community.
PROS:
. Established well that is reported to produce yields more than sufficient to meet the current
and future water demands of the community.
Staff Report E2010-10 regarding Richmond Water
Hydrogeological Assessment Update.
Page 136 of 161
aJ
CONS:
. Well is located in the floodplain of Big Otter Creek where the casing has historically been
reported to become submerged under water during heavy precipitation events. The well
will most certainly be classified as GUDI and, consequently, require a higher standard and
costlier level of treatment;
. Increased future expenditure related to connecting this private well to existing
infrastructure;
. Lands where drilting will occur are privately owned and will require the Municipality to
enter into an agreement with the land owner to operate the well on this land (e.g., financial
compensation);
. Water quality of well has not been confirmed.
Stantec personnel will be retuming to the Richmond community today to obtain water samples
from the private wells ... (homeowner situated near the proposed third test well drilling location
near the park; shallow overburden well) and Mr. Hoover (refer to Option 4), with these samples
then being submitted to a lab for chemical analysis. We are hoping to use this information to
get a better idea of how groundwater quality conditions vary throughout the subject area and,
subsequently, use this information to assist with the evaluation of the aforementioned options
and move forward with the project."
Staff Comments
At the time of writing this report, staff are still awaiting information regarding the additional
samples collected, and additional input from the MOE and Health Unit that has been requested.
In regard to costs, staff note that pursuant to the proposal from Hayden Water Wells, additional
test wells as outlined in options 2 and 3 would have an additional cost of $8,000 to $10,000
each.
Staff suggest that Council may wish to consider requesting input on the desired option from the
Richmond Community Water board members, as the community members are the persons
directly impacted by the resultant drinking water and costs.
Attachments
None
Strategic Plan Goal(s)
Goal#2 - Ensure reliable, well maintained and secure infrastructure
Goal #4 - Be dedicated to service excellence
Goal #5 - Develop a new and improved infrastructure network
Recommendation
THAT staff be authorized to consult representatives of the Richmond Community V/ater Inc.
Board regarding preferred options for the Richmond Water hydrogeological assessment.
v
Staff Report E2010-10 regarding Richmond Water
Hydrogeological Assessment Update.
Page 137 of 161
Page 138 of 161
TIIE CORPORATION OF THE
MTJNICIPALITY OF BAYHAM
BY-LAW 2010-077
BEING A BY-LAW COIIVEY PART OF TITE TJNOPEI{ED
ROAD ALLOWANCE DESCRIBED PART OF'CIIATIIAM
STREET BEING TITE ROAD ALLOWANCE BETWEEN
LOTS 10 AND rl, CONCESSION 1 OF TIm
MTJMCIPALITY OF BAYIIAM, IN TIIE COUNTY OF
ELGTN, DESIGNATED AS PART 5 ON PLAN tlR-2446
WIIEREAS Section 11 of the Municipal Act, 2001, S.O. 2001, c.25 as amended provides
that a lower tier municipatity may pass by-laws respecting Highways, including parking and
traffic onhigþways;
AND \ilIIEREAS Section 8 ofthe said Municþal Act provides that a municipalityhas the
capacity, rights, powers, and privileges of a natural person for the purpose of exercising its
authority under this or any other Act;
AND WHEREAS the Council ofthe former Village ofPort Burwell passed By-law No. 83-
03 January 24,1983 to stop up and close part of Chatham Steet designated as Part 5 on Plan
ttF.-2446;
AND WIIEREAS the Council ofthe Corporation of the Municipality of Baytram deems'it
expedient to convey the subject lands to the Ministry of Natural Resources.
THEREFORE THT', COT]NCIL OF THE CORPORATION OF'THE MTIMCIPALITY
OF BAYHAM ENACTS AS FOLLOWS:
THAT the Cor¡ncil of the Municipality of Bayham hereby authorizes and directs the Mayor
and Clerk to execute docume,nts as necessary to effect the conveyance of lands described as
Part of the Road Allowance betwee,n I¡ts l0 and 11, Concession 1 of the Municipatity of
Bayham, designated as Part 5 onPlan llP.-2446 to theMinisbyofNatu¡al Resources.
AND THAT this by-law shall come into full force and effect upon final passing.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED this 7th day
of October,2010.
1.
2.
MAYOR CLERK
By-Law 2010-077 A By-Law to convey part of unopened
road allowance (Chatham Street)
Page 139 of 161
Page 140 of 161
THE CORPORATION OF THE
MUNICIPALITY OF BAYIIÂM
BY-LAW NO.2010 - 090
BEING ABY-LA\il TO AUTHORIZF'THT' SIGNING OF A
SUBDIVISION AGREEMENT BETWEEN
ABRAHAMAND EMMAPETERS AND THE CORPORATION
OF THE MUNICIPALITY OF BAYHAM, TO PROVIDE FOR TIIE DEVELOPMENT
OF A PLAN OF SUBDIVISION, I(I\TOW¡{ AS THE COUNTRY VIE\ry ESTATES'
HAMLET OT'NORTH HALL, MTJNICIPALITY OF BAYHAM.
THE COUNCIL OF THE CORPORATION OF THE MLINICIPALITY OF BAYHAM
HEREBY ENACTS AS FOLLOIù/S:
l. THAT the agreement affixed hereto as Schedule ",A'", being a subdivision agreement
with Abraham and Emma Peters, is hereby approved and the Mayor and Clerk are
hereby authorized and directed to execute the same.
2. THAT the agreement is to be registered at the Land Registry Offìce.
READ A First and Second time this _ day of , 2010.
READ A Third time and finally passed this _ day of _, 2010.
MAYOR
CLERK
By-Law 2010-090 A By-Law to authorize a subdivision
agreement (Peters)
Page 141 of 161
Country View Estates Subd. Agmt.
Schedule "4" to By-LawNo. 2010-
THIS SUBDIVISION AGREEMENT made in triplicate this
-
day of
-
2010.
BETWEEN:
ABRAHAM AND EMMA PETERS
Hereinafter called the'OTWNER OR SUBDIVIDER"
OF THE FIRST PART
AND:
THE CORPORATION OF THE MTJNICIPALITY OF
BAYHAM
Hereinafter called the *CORPORATION"
OF THE SECOND PART
WHEREAS, the Owner or Subdivider proposes to subdivide and register a Plan of Subdivision
on property described as Part oflot 7 Concession 8 and Part I on RP 11R7900, Municipality of
Bayham, County of Elgin; the said proposed Plan of Subdivision, being appended as Schedule
"4" to this Agreement;
AND V/HEREAS, this Agreement has been made as a condition of approval by the Ministry of
Municipal Affairs and Housing of the Owner's or Subdivider's proposed Plan of Subdivision,
MMAH File # 34-T-03001, named Country View Estates;
AND rÃ/HEREAS, the Owner or Subdivider, has agreed with the Corporation to comply with
their requirements with respect to the providing of services for the lands proposed to be
subdivided and other matters hereinafter set fofh;
NOW THEREFORE, The Parties herein, in consideration of other good and valuable
consideration and the sum of Two ($2.00) Dollars, of lawful money of Canada, by each to the
other paid (the receipt whereof is hereby by each acknowledged), covenant and agree \ryith the
other as follows:
I. DEFINITIONS:
(a) "Owner or Subdivider" shall include the applicant for the approval of a Plan of
Subdivision, and the registered o\ryner or owners in fee simple of the land for
which the subdivision is proposed and/or their respective heirs, executors,
administrators and assigns, and in addition to its accepted meaning, shall mean
and include an individual, an association, a partnership, or an incorporated
company, and wherever the singular is used herein, it shall be construed as
including the plural.
(b) "Council" shall mean the Municipal Council of the Corporation.
(c) "Engineer" shall mean the Engineer of the Corporation and/or any such
Engineer(s) as may be duly authorized and appointed by the Corporation.
2. SCOPEOFAGREEMENT
The Owner or Subdivider agrees to complete at his own expense and in a good and
workmanlike manner, for the Corporation, all the municipal services as hereinafter set
fofh to the satisfaction of the Corporation and to complete, perform, or make payment for
such other matter as may be provided for herein.
By-Law 2010-090 A By-Law to authorize a subdivision
agreement (Peters)
Page 142 of 161
Country View Estates Subd. Agmt.
CONSULTING ENGINEERS
(a) The Owner or Subdivider agrees to retain a Professional Engineer as the
Consulting Engineer of the Owner or Subdivider, to carry out all the necessary
engineering and supervise the work required to be done for the development ofthe
subdivision. Such Consulting Engineer or a successor thereto, shall continue to be
retained until the work provided for in this agreement is completed and formally
accepted by the Corporation,
(b) The Owner or Subdivider agrees that in the preparation of contract plans and
specihcations, the following procedure will be followed by the Consulting
Engineer:
(Ð Design all the works covered by this Agreement.
(ii) Prepare plans, profiles and specifications for the said works and to submit
detailed plans, profiles and specifications to the Corporation for approval
prior to the installation of such works.
(iiÐ Obtain, in conjunction with the Corporation, all the necessary approvals
required prior to the construction of such works.
(iv) Obtain the approval of the Corporation, for the Contractor(s) for the said
works.
(v) Provide full time inspections during the construction of underground
services and part time inspections as necessary for the surface work.
(vi) Maintain all records of construction of the said works,
(vii) Supply to the Corporation mylar reproductions of all the works as
constructed by the Contractor, The drawings shall be to the scale or scales
established by the Corporation's Engineer.
(viii) On completion of construction of the said works, to supply the Corporation
with a certificate that the execution of the said works was in accordance
with the approved plans and specifications. This certificate will not be
valid until signed by the Corporation, and the Corporation's Engineer.
(ix) Supervise the construction of any remedial work required by the
Corporation.
(c) The Owner or Subdivider agrees with the Corporation that no public services will
be installed prior to receiving, in writing, approval of the detailed plans and
specifications by the Corporation.
LIENS
The Owner or Subdivider shall cause to be discha¡ged any lien registered and/or filed
with the Corporation, pursuant to the Construction Lìen lct, R.S.O. 1990, (Ontario) as
amended, in respect to any of the works undertaken by the Owner or Subdivider. The
Owner or Subdivider shall pay any legal costs, fees and disbursements howsoever
incuned by the Corporation, in connection with any such lien, whether or not there are
reasonable grounds for registration of the lien by the lien claimant. In the event the
Owner or Subdivider fails to discharge any such lien or fails to pay any such cost, fees
and disbursements, incuned by the Corporation in connection with such lien, the
Corporation may make arrangements to discharge the lien by taking such actions as it see
fits, acting in its sole discretion, If the Owner or Subdivider fails to reimburse the
Corporation in connection with any costs incuned, pursuant to this paragraph, the
Corporation shall have the right to realize on the Performance Guarantee provided by the
Owner or Subdivider under paragraph 17 of this Agreement.
-2-
By-Law 2010-090 A By-Law to authorize a subdivision
agreement (Peters)
Page 143 of 161
Country View Estates Subd. Agmt.
EASEMENTS
Upon completion and acceptance of the Plan of Subdivision, the Owner or Subdivider
shall:
(Ð dedicate the road allowance shown as Pert l, Reference Plan llR-7900 on the
draft Plan, as a Public Highway connecting to an open public road known as Eden
Line (County Road 44);
(iÐ provide the Corporation with such rights and easements as it may require for
storm sewers, storm drainage and other utility purposes;
(iii) provide Hydro One, Eastlink Inc. or Bell Canada, Union Gas and/or Natural
Resource Gas with such easements as each of them may require for hydro,
telephone, and television cable and natural gas utility purposes.
Any such transfer, pursuant to (i) above, shall be in fee simple and for nominal
consideration (i.e. One ($1.00) Dollar), in a form satisfactory to the Corporation's
Solicitor, and title to such lands shall be good and free from all liens and encumbrances.
The righæ and easements granted pursuant to (ii) and (iii) above, shall be for nominal
consideration (i.e. One ($1.001 Dollar), in a form satisfactory to the Grantee's Solicitor,
and the title to lands over which the rights and easements are granted, shall be good and
free from liens and encumbrances and ifrequired by the Grantee's Solicitor, the consent
of the Committee of Adjustment, to such rights and easements shall be obtained by the
Owner or Subdivider.
The Owner or Subdivider, agrees that forthwith, after registration of any transfers of title,
pursuant to (i) above, and any grant of rights and easements, pursuant to (ii) and (iii)
above, it shall provide to the Transferee's Solicitor or Grantee's Solicitor, a Certificate of
Opinion ofTitle ofthe lands in respect ofwhich such transfer and rights and easements
are granted, in a form satisfactory to the Transferee's or Grantee's Solicitor, such
Certificate or Opinion to be given by a Solicitor authorized to practice Law in the
Province of Ontario.
The Owner or Subdivider agrees to provide the Corporation with a mylar copy of the
reference or survey plan designating the lands in respect ofwhich such transfers oftitle
and grants or rights and easements are given.
The lands to be transferred and the lands over which rights and easements are to be given,
pursuant to Section 5 and (i) (iÐ and iii) above, shall, on the registration ofthe Plan, be in
a clean and tidy condition, graded as required, and ifnecessary, stabilized against erosion.
After such lands or such rights and easements are so transferred, the Owner or Subdivider
shall not use or permit the use of such lands for the storing oftopsoil or any excavated
material or equipment except with the written cons€nt of the Corporation, and in the event
of default, the Corporation, after giving the Owner or Subdivider such notice as it
considers reasonable, may remove such soil, material or equipment and the cost thereof
shall be paid by the Owner or Subdivider to the Corporation.
PRTVATE SEPTIC SYSTEM PERMITS
Prior to issuance of a building permit on a lot within the plan of subdivision, the Lot
Owner shall provide to the Municipalþ, to the satisfaction of the Municipality, the
following:
l. a sewage disposal report, prepared by a qualified engineer, indicating that specific
recommendations regarding the specific sewage disposal system for the lot,
2. confirmation that the system to be installed will be capable of reducing the nitrate
levels to 24mgll,
3, a20-yeat service contract with a qualified contractor to ensure the long term
operation and maintenance of the system,
-3-
5.
By-Law 2010-090 A By-Law to authorize a subdivision
agreement (Peters)
Page 144 of 161
7
Country View Estates Subd. Agmt.
STORM SE'WERS
(a) The Owner or Subdivider agrees to construct a complete storm sewer system or
systems, including storm connections to the street line where required, in the
opinion of the Corporation, and catchbasins and leads to service all the lands in
the said Plan of Subdivision, and adjacent road allowances, according to designs
approved by the Corporation, and according to the specifications of the
Corporation, in effect at the date hereof, and the Owner or Subdivider shall
maintain them, including clearing any blockages until they are formally accepted
by the Corporation. Such sewers shall be constructed to an outlet or outlets
according to designs approved by the Corporation and shall be of sufftcient size,
depth and at locations within the limits of the subdivision or on adjacent road
allowances, to service the subdivision, and any lands adjacent to the subdivision,
which, in the opinion of the Corporation will require their use as trunk outlets.
(b) The Owner or Subdivider agrees, at its expense, to construct and the Corporation
to maintain a stormwater management system regulated through the Drqinqge Act
which is approved by all regulating agencies and which provides an adequate
storm\ì/ater management system for all lands within the Plan.
ROADS -PAVED
The Owner or Subdivider agrees to construct all the roads as shown, on the said Plan of
Subdivision, according to the proposed servicing schedule and specifications for paved
roads of the Corporation in effect at the date hereof and to maintain them until the
Corporation formally accepts them. The specifications for boulevard grading shall apply
to existing streets adjacent to the said Plan of Subdivision.
ROAD GRADES. ETC.
(a) Before actual construction begins proof must be fumished by the Owner or
Subdivider or his/her agents that the road grades have been approved by a certified
Ontario Land Surveyor or Engineer in order that the road bed, storm sewers and
appurtenances will be laid to the proper grade.
(b) When, in the written opinion of the Corporation, it is necessary to change the said
road grades the Owner or Subdivider agrees to grade the road to sub-grade in the
manner and at the time stipulated by the Corporation in accordance with the
specifications of the Corporation, and to restore the streets to their original
condition prior to the change in the grade.
(c) GRADE
The Owner or Subdivider agrees to grade, to the Corporation's specifications, to
the fi¡ll width, all road allowances as shown on the said Plan of Subdivision, prior
to the installation or construction ofthe relevant municipal services provided for
herein. The Owner or Subdivider further agrees to keep the boulevards clear and
free of all materials and obstructions that might interfere with the installation of
electric, telephone, gas or other utilities. The Owner or Subdivider will be
responsible for any change in grade of any street up to I 50 feet from the proposed
Plan of Subdivision where the change is reasonably necessary to service a street
within the subdivision.
CURBS AND GUTTERS
The Owner or Subdivider agrees to construct rollover curbs and gutters on all the streets
as shown on the said Plan of Subdivision and on all existing streets adjacent to the said
Plan of Subdivision, subject to Section 9 (a) of this agreement, according to the
specifications ofthe Corporation in effect at the date hereot and to maintain them until
they are formally accepted by the Corporation. If any curb depressions a¡e not located
correctly with respect to a driveway, the Owner or Subdivider shall construct a curb
9.
10
By-Law 2010-090 A By-Law to authorize a subdivision
agreement (Peters)
Page 145 of 161
ll.
t2.
Country View Estates Subd. Agmt. - 5 -
depression in the conect location and replace the original according to the said
specifications.
SIDEWALKS
Not required.
PRIVATE !üELLS
The Owner or Subdivider shall advise all perspective purchasers in all offers ofpurchase
and sale that individual wells are to be constructed and developed to ensure that ground
water supplies are protected from contamination by septic systems, swface pollutants and
meet the turbidity levels complying with the Ministry of the Environment's drinking
water objectives.
LOT GRADING. SODDING. LANDSCAPING
(a) The Owner or Subdivider agrees to grade, provide top soil and sod the portion of
the street allowances lying between the front property line of lots and the curb
save and except any portion of the sheet allowance within the driveway.
The Lot Owner shall sod or seed the front yard ofeach ofthe lot except for paved
or planted a¡eas, upon the completion of the construction of dwelling thereon.
The Manager of Public Works must approve any exception to this requirement in
writing, Said sodding must be in conformity with the grading control plan as set
out on Schedule 'D' atüached hereto.
(b) Before house construction proceeds beyond the basement level, the Consulting
Engineer or an Ontario Land Surveyor shall provide the Corporation with a
certificate confirming the foundations are:
(Ð in conformity with the footing and top of foundation wall elevations,
shown on the approved Grading Plan;
(iÐ sited entirely on the conect lot and conforms to the applicable Zoning By-
Law. Site surveys a¡e to be attached to the certificate. (Field notes in lieu
of a siting survey will be accepted at this time to allow construction to
proceed.)
Certification of foundation elevations by the Consulting Engineer or Ontario Land
Surveyor shall be taken to mean conformity with the approved Grading Plan with
a tolerance of 150 mm., and will include verification of top of foundation wall,
any steps in the foundation (ifapplicable) and the garage sill.
Non-conformance to either siting or foundation elevations shall be brought to the
Corporation's attention for further direction, prior to proceeding with any further
construction.
The Consulting Engineer or Ontario Land Surveyor shall then provide the
Corporation with preliminary lot certificates advising that the lot grading
conforms to the approved Grading Plan and is approved for sodding or seeding.
Prior to the release of any lot grading conditions of this Subdivision Agreement,
the Consulting Engineer or Ontario Land Surveyor, shall provide final
certification to the Corporation in the form of as-built elevations on the Grading
Plan in accordance with the approved Plan ofSubdivision.
(c) Upon the elevations and grades being established in accordance with this
Agreement, the Owner or Subdivider, shall thereafter, maintain the same for so
long as the Owner or Subdivider is the registered owner of the lot.
13.
By-Law 2010-090 A By-Law to authorize a subdivision
agreement (Peters)
Page 146 of 161
Country View Estates Subd. Agmt.
The Parties agree that the Lot Grading Plan, attached hereto, and marked as
Schedule "D" is a photographically reduced and un-initialled copy of the Lot
Grading Plan, initialled by the parties on the execution of this Agreement and that
such initialled Plan forms part of this Agreement.
The Pa¡ties further agree that in the event that any part or parts of Schedule "D",
are illegible or conflict with the initialled Plan from which it was made, the
initialled Plan shall prevail.
(d) If, in the opinion of the Corporation, the Owner or Subdivider has at any time
during which the Owner or Subdivider is the registered owner of any lot within the
Plan ofSubdivision failed to establish or maintain any such grade or elevation as
required by Paragraph 13 (c), the Corporation, may, after giving such notice to
the Owner or Subdivider, as the case may be, enter and re-enter from time to time
upon such lot with equipment, machinery, sod and fill, and do such works and
remove anything from the lot as in the Corporation's opinion, may be necessary to
remedy such default, and the costs thereof, shall be paid by the Owner or
Subdivider, to the Corporation.
(e) Where the Owner or Subdivider has sold a lot within the Plan of Subdivision, and
in the. opinion of the Corporation, the Owner or Subdivider, or the subsequent
owner has, at any time, failed to establish or maintain any grade or elevation
required to be established or maintained by paragraph 13 (c), the Corporation may,
after giving such notice to the subsequent Owner or Subdivider, as the case may
be, enter and re-enter from time to time upon such lot with equipment, machinery,
sod and fill and do such works and remove anything from the lot as in the
Corporation's opinion may be necessary to remedy such default and the costs
thereof, shall be paid by the subsequent Owner or Subdivider, to the Corporation,
and if no lots are sold, it shall constitute a lien on the lot and interest shall be
payable on the amount thereof at the rate of Fifteen percent (15%) per annum,
commencing Fifteen (15) days after the mailing of the statement to the subsequent
Owner or Subdivider, at his/her last known address.
STORM WATERMANAGEMENT
A final Stormwater Management report is to be submitted to the Municipality.
The affected lands shall be incorporated in to and regulated by the Bartley Municipal
Drain system under the Draínage Act.
ADMINISTRATION AND INSPECTION COSTS
(a) The Owner or Subdivider agrees to pay to the Corporation all administrative costs
incuned in connection with this Agreement, including legal and engineering costs.
(b) All ofthe underground works installed shall be constructed and installed under the
supervision ofinspectors approved by the Corporation, The Owner or Subdivider
hereby agrees to pay all accounts of the Corporation in connection with the
services of the said Inspectors. No work specified in the Agreement or in the
specifications shall be carried out unless there is an inspector to ensure that all
work is being completed in accordance with specifications approved by the
Corporation.
FINANCIAL PAYMENTS _ CAPITAL CHARGES
Except as expressly provided in this Agreement, the charges payable pursuant to this
Paragraph 16 shall be payable by the Owner or Subdivider as specified.
(a) PARKLANDDEDICATIONFEE
-6-
14.
l5
16.
By-Law 2010-090 A By-Law to authorize a subdivision
agreement (Peters)
Page 147 of 161
Country View Estates Subd. Agmt.-7-
The Owner or Subdivider shall provide parkland dedication in the form ofcash-in-
lieu $500.00 per lot. This value is to be $2500.00 for 5 lots and shall be collected
prior to the registration ofthe plan of subdivision,
(b) STREETLIGHTING
No street lighting required.
(c) ELECTRICALDISTRIBUTIONSYSTEM
The Owner or Subdivider hereby agrees to construct a complete electrical system
at his/Ìrer expense including all switches, junction boxes, transformers, wire, hydro
service connections, and appurtenances, to the street line to service all lands in the
said Plan of Subdivision, according to designs approved by Hydro One and
according to its specifications which are in effect at the time of the installation of
the system and not necessarily those in effect at the time of this Agreement, and to
maintain them until they are formally accepted by Hydro One, Hydro One reserves
the right to do the work and the Owner or Subdivider shall pay the total cost. The
electrical system within the subdivision, shall be ofsuffrcient size, depth and at a
location to adequately service, in the opinion ofHydro One, the subdivision ofany
lands serviced through it and where it is necessary to extend the system within the
subdivision, to the existing system, outside the subdivision, and any adjacent
subdivisions, the size, depth and location ofthe extension must be acceptable to
Hydro One.
Hydro One may connect or authorize the connection ofthe electrical system but
the connection shall not constitute acceptance of the electrical system by Hydro
One.
All plans relating to the installation of the electrical system, appurtenances and
services must be submitted to Hydro One for approval along with evidence that
any variances from their standards are acceptable by the Municipal Electric
Association.
(d) LOT FRONTAGE AND CONNECTION CHARGES
Frontage and connection charges do not apply.
LIABILITY INSURANCE
Before commencing any of the work provided for herein, the Owner or Subdivider, shall
supply the Corporation with a Liabilþ Insurance Policy in the amount of Five Million
($5,000,000) Dollars, and in a form satisfactory to the Corporation, indemni$ing the
Corporation, and their agents from any loss arising from claims for damages, injury or
otherwise in connection with the work done by or on behalf of the Owner or Subdivider.
In the event any renewal premium is not paid, the Corporation, in order to prevent the
lapse of such liability insurance policy, may pay the renewal premium or premiums and
the Owner or Subdivider, agrees to pay the cost of such renewal or renewals within
Fourteen (14) days ofthe account therefore being rendered by the Corporation.
The Owner or Subdivider shall provide written notice to the Corporation of the
cancellation of the liability insurance policy, Twenty-One (21) days before the
cancellation is to come into effect.
PERFORMANCE GUARANTEE
(a) As security for the construction and installation of services required by this
Agreement, and prior to the release of the Plan of Subdivision, for registration, the
Owner or Subdivider, shall supply the Corporation with security for performance
and completion of all works required by this Agreement, in an amount which is
Seventy-Five per cent (75%) of the estimated cost of the works, as set out in
Schedule "C", in the form of an Inevocable Letter of Credit, f¡om a chartered
17.
18.
By-Law 2010-090 A By-Law to authorize a subdivision
agreement (Peters)
Page 148 of 161
Country View Estates Subd. Agmt.
bank or other financial institution, satisfactory to the Corporation, expressed to be
pursuant to this Agreement, and payable to the Corporation at any time or in part,
from time to time, upon written notice from the Corporation, that the Owner or
Subdivider, is in default under this Agreement.
The said security shall be for the period oftime set forth in Schedule "B" for the
completion of the works.
(b) The Owner or Subdivider agrees with the Corporation that after Fifty percent
(50%) of the said works are completed, to the satisfaction of the Corporation, the
amount of the security will be progressively reduced to the amount equal to the
estimated cost of the uncompleted work, plus Twenty per cent Q0%) as
determined by the Corporation's Engineer. The reduction will be made after the
receipt of the progress certificate from the Consulting Engineer, proof that the
contractor has been paid, and approval by the Corporation. However, the said
security will not be allowed to be reduced below Twenty-Five per cent Q5%o) of
the estimated cost of all works until all of the work has been completed to the
satisfaction of the Corporation's Engineer and the Corporation and the Owner or
Subdivider, has provided a Letter of Credit for the Maintenance Guarantee. If
staging is approved by Council, the above shall be applicable per stage.
MAINTENANCE GUARANTEE
The Owner or Subdivider agrees with the Corporation that, upon completion of the
various parts of the works and prior to acceptance by the Corporation, the Owner or
Subdivider, will provide at his/her o\ryn expense, a Letter of Credit for the sum of Twenty-
Five per cent QS%o) of the actual cost of all the works still subject to the guarantee, to
guarantee the workmanship and materials for a period of Two (2) years from the date of
satisfactory completion of the work.
OCCUPANCY OF BUILDING
The Owner or Subdivider agrees that no building shall be occupied or used for any
purpose in the subdivision until storm sewer and electricity are in operation, and in the
opinion of the Corporation, capable of providing adequate service. The Owner or
Subdivider further agrees that no building shall be occupied or used for any purpose in the
subdivision until a base coat of asphalt has been installed on the road immediately in front
of the building and extending to an existing municipal road, and to maintain vehicula¡
access to the said building until the roads are formally accepted by the Corporation.
TIME LIMIT FOR V/ORK AND GUARANTEE FOR WORKMANSHIP AND
MATERIAL
Save as herein otherwise provided the Owner or Subdivider agrees to complete the work
required under this Agreement within the Time Limits specified in the Schedule attached
hereto as Schedule "8", and to guarantee the workmanship and materials for a period of
Two (2) years from the date that the said works are approved, in writing, by the
Corporation. Any work other than that specifically provided for in Schedule "B" shall be
completed within the time limit provided for herein, for sidewalks, curbs and gutters and
roads.
The Owner or Subdivider shall, in the period prior to final acceptance ofthe services or
utilities to be constructed under this Agreement as soon as it is practicable after receiving
written notice from the Corporation repair any damage caused to existing services or
utilities by the implementation or performance of this Agreement or caused during the
construction of dwelling units or other buildings on any part of the development.
Should the Owner or Subdivider fail or neglect to carry out repairs or any other work
required of this Agreement the Corporation may, in addition to any other rights or
remedies it may have at law or in equþ, assert and exercise the rights provided for in
Clause22.
-8-
19.
20.
21.
By-Law 2010-090 A By-Law to authorize a subdivision
agreement (Peters)
Page 149 of 161
Country View Estates Subd. Agmt.
LINCOMPLETED OR FAULTY WORK
shall have full authority and power to immediately purchase such materials, tools and
machinery and to employ such workmen as in their opinion, shall be tequired for the
proper completion of the said work, at the cost and expense of the Owner or Subdivider,
or hisÆrer surety or both. In cases ofemergency, in the opinion ofthe Corporation, such
work may be done without prior notice but the Owner or Subdivider shall forthwith be
notified. The cost of such work shall be calculated by the Corporation whose decision
shall be final. It is understood and agreed that the total costs shall include a management
fee of Twenty per cent Q0%) of all labour, material and machine tirne charges incurred to
complete the work and further, a fee of thirty per cent (30%) of the chæges incurred for
the dislocation and inconvenience caused to the Corporation as a result ofsuch default on
the part of the Owner or Subdivider, it being hereby declared and agreed that the
assuming by the Owner or Subdivider of the obligations imposed by this paragraph is one
of the considerations without which the Corporation would not have executed this
Agreement.
It is fufher understood and agreed between the parties hereto that such entry upon the
lands shall be as an agent for the Owner or Subdivider, and shall not be deemed for any
purpose whatsoever as an acceptance ofthe said services by the Corporation.
GENERAL PROVISIONS
The Owner or Subdivider agrees with the Corporation:
(a) REGISTRATION OF AGREEMENT
The Owner or Subdivider agees that this Agreement shall be registered by the
Corporation's Solicitor upon the title to the lands within the plan of subdivision,
and agrees to pay all solicitor's fees and disbwsements incurred by the
Corporation in respect to registration of this Agreement, forthwith, upon demand.
(b) CONTTNUATTON OF EXISTING SERVICES
Where the construction of services herein involves a continuation of existing
services to join into the same including adjustment of grades where necessary,
such work to be completed in a good workmanlike manner and at the expense of
the Owner or Subdivider.
(c) PUBLIC LANDS - FILL AND DEBRIS
To neither dump nor permit to be dumped any fill or debris on, nor to temove or
permit to bs removed any fill from any public lands, other than the actual
construction of roads in the subdivision without the written consent of the
authority responsible for such lands. The Owner or Subdivider shall, on request,
supply the Corporation with an acknowledgement from such authority of the
Owner or Subdivider's compliance with the terms of this clause.
(d) OUALITATIVE OR OUANTITATIVE TESTS
-9-
22
23.
By-Law 2010-090 A By-Law to authorize a subdivision
agreement (Peters)
Page 150 of 161
Country View Estates Subd. Agmt.-10-
The Corporation may have qualitative or quantitative tests made of any materials
which have been or are proposed to be used in the construction of any services
required by this Agreement and the cost of such tests shall be paid by the Owner
or Subdivider within Fourteen (14) days of the account being rendered by the
Corporation.
RELOCATION OF SERVICES
To pay the cost of relocating any existing services and utilities caused by the
development work within Fourteen (14) days of the account for same being
rendered by the Corporation. The Owner or Subdivider further agrees to similarly
pay the cost of moving any services or utilities installed under this Agreement in
driveways or so close thereto, in the opinion of the Corporation, as to interfere
with the use of the driveway.
TAXES
That prior to the release of the plan for registration the Owner or Subdivider shall
pay the taxes in full for all the lands included in the said Plan of Subdivision
according to the last revised assessment roll, until the lands are assessed and billed
as a registered plan.
LOCAL IMPROVEMENTS
Prior to the release of the plan for registration, to prepay any outstanding local
improvement charges which a¡e levied against any of the lands in the said plan of
subdivision.
SPECIFICATIONS
Unless otherwise specifìed, any work required under this Agteement shall be
according to the specifications ofthe Corporation.
Any and all approval of plans and specifications by the Corporation does not
relieve the Owner or Subdivider of responsibility for enors and omissions in the
plans and specifications.
It shall be the responsibility of the Owner or Subdivider to supply any third party
contractor with all ndcessary information to compete the works contemplated
under this Agreement.
STREETS
During the construction of ths services and utilities required to be
constructed under this Agreement and during the construction of any
dwelling units to be constructed within the subdivision all streets within
the development site, being Peters Court, shall be maintained in good
repair and clean by the Owner or Subdivider but this obligation and
liability of the Owner or Subdivider does not extend beyond the time of
final acceptance. Until final acceptance the Owner or Subdivider shall be
responsible to maintain the entrances to the site on the existing county
road to ensure the roads are kept clean and free from dust and debris.
STREET SIGNS
Street signs and traffìc control signs will be installed by the Municipalþ at the
Owner's expense.
LICENCE TO ENTER
To retain a licence from any subsequent purchaser ofthe aforesaid lands to enter
upon such lands in order to comply with the provisions ofthis Agreement.
(e)
(Ð
(e)
(h)
(Ð
c)
(k)
By-Law 2010-090 A By-Law to authorize a subdivision
agreement (Peters)
Page 151 of 161
Country View Estates Subd. Agmt.
SANDING. DUST CONTROL. SNOIù//ICE REMOVAL FROM ROADS
Prior to the Corporation assuming the services, the Owner or Subdivider agrees to
provide, at their expense, dust and weed control.
The Owner or Subdivider shall snowplow and sand any unpaved roads when
required to provide and maintain safe and adequate vehicula¡ access to all
occupied buildings.
The Corporation agrees to snowplow and sand all paved roads in the subdivision
upon completion by the owner of the base coat of asphalt and when all frames and
covers for catchbasins and manholes have been set at the same elevation as the
base coat of asphalt so they will not interfere with snowplowing operations. The
Owner or Subdivision agrees that any service provided by the Municipalþ prior
to formal acceptance of the roads by the Municipality shall not be deemed
acceptance of the roads.
SURVEY MONUMENTS AND MARKERS
Prior to the formal acceptance of the services and roadwork by the Corporation, to
supply a statement by an Ontario Land Surveyor that, after the completion of the
subdivision work, he has found all standard iron bars and survey monuments as
they pertain to only vacant lots remaining on the date of the acceptance of the
subdivision.
INTEREST
Interest at the per annum rate ofThree per cent (3%) points above the prime rate
of the Corporation's bank shall be payable by the Owner or Subdivider, to the
Corporation, on all sums of money payable herein, which are not paid on the due
dates calculated from such due dates. The due dates ofany sum ofmoney shall be
Fourteen (14) days after the date ofthe invoice.
CANCELLATION OF AGREEMENT
In the event the plan of subdivision is not registered within one year from the date
hereof, the Corporation may, at its option, on one month's notice to the Owner or
Subdivider, declare this Agreement to be null and void.
NOTICES
Any notices required to be given hereunder may be given by registered mail,
addressed to the other party at its address according to the most recent assessment
roll and shall be effective as ofthc date ofthe deposit thereof, in the Post Offrce.
I-INSOLD LOTS
The Owner or Subdivider is to provide suitable weed control on any unsold lots.
Failure to do so will result in the Corporation performing the work and assessing a
charge or lien to the property.
STAGING
The Owner or Subdivider covenants and agrees that the construction of the
subdivision will be completed in one phase with all of the required services
provided by the Owner or Subdivider and the Owner or Subdivider may complete
such services in accordance with Schedule "8".
BUILDINGPERMITS
The Owner or Subdivider covenants and agrees not to apply for any building
permit for any building on the lands until the following pre-requisites have been
satisfied:
-11
0)
(m)
(n)
(o)
(p)
(q)
(r)
(s)
By-Law 2010-090 A By-Law to authorize a subdivision
agreement (Peters)
Page 152 of 161
Country View Estates Subd. Agmt.- 12-
l. The Owner or Sudivider has provided confrrmation of the engineered
septic system plans and maintenance agreement as per Paragraph 6.
2. Tftrc Manager of Public rùy'orks has advised in writing that rough grading
has been carried out to his/her satisfaction and that building permits may
be issued in accordance with the grading control plan attached hereto as
Schedule 'D'; curb and gutter, storm water sewer systems and base coat of
asphalt has been installed; all traffic and street signs have been installed.
Exceptions to this condition may be permitted where, in the opinion of the
Manager of Public Works, there are extenuating circumstances. In these
cases, the Owner or Subdivider shall undertake protective and remedial
measures to the satisfaction of the said Manager. All costs of such
protective and remedial measures shall be bome by the Owner or
Subdivider.
3. Hydro One has advised the Corporation in writing that the complete
electrical system has been installed in accordance with this agreement and
is capable of servicing the lands. Exceptions to this condition may be
permitted in writing at the discretion of the Corporation.
4. The Owner or Subdivider has satished all the financial requirements under
this agreement.
(t) STGNAGE FORPROJECT
The Owner or Subdivider is entitled to erect one sigl at the property entrance to
advertise the project. Any sign erected must conform to any municipal or county
Sign ByJaws. The sign must be kept in good repair at all times.
(u) TREE PLANTING
The Owner or Subdivider shall plant one tree per lot in a location and of a kind
and size approved in writing by the Manager of Public Works. Should any hee
die within 12 months of planting the Owner or Subdivider shall replace the lree
with a new hee as prescribed in this agreement. Trees are to be planted a
minimum of 1 metre (3.3 feet) behind the property line and located so as not to
interfere with services and utilities at any time.
(v) SURFACEWATERMANAGEMENTDURINGCONSTRUCTION
The Owner or Subdivider agrees to require the contractor to provide means to
avoid ponding, erosion and/or flooding onto adjacent properties during
construction and will continue until lots have been developed by means of erosion
provisions such as silt fencing, straw bales and rough grading of undeveloped lots
to maintain all surface water on developed property.
(Ð DRIV .iüAY APPROACHES
The Owner or Subdivider shall pave all driveway approaches to the satisfaction of
the Manager of Public ìùy'orks upon the construction of the building serviced by
any such driveway. If any dropped curb is not located correctly with respect to
any driveway, the Owner shall construct a dropped curb in the coûect location and
shall fill in the original dropped curb in accordance with specifications.
(x) CENTRALIZED MAIL BoX
i. The Owner or Subdivider shall make adequate provision for a centralized mail
box to the satisfaction of Canada Post and further agrees to:
L work with Canada Post to determine and provide a temporary
suitable Centralized Mail box location which may be utilized by
Canada Post until the curbs and bouleva¡ds are in place in the
subdivision;
By-Law 2010-090 A By-Law to authorize a subdivision
agreement (Peters)
Page 153 of 161
24.
Country View Estates Subd. Agmt.-13-
2. install a concrete pad in accordance with the requirements of, and
in a location approved by Canada Post to facilitate the placement
of a community mail box;
3. identiff the pad above on the engineering drawings' Said pad is
to be poured at the time of the curb installation within the
subdivision.
ii, The Owner or Subdivider shall include in all offers ofpurchase and sale a
statement advising the prospective purchaser:
1 that the home mail delivery will be from a designated Centralized
Mail Box
2. that the developers/owners are responsible for officially notifling
the purchasers of the exact Centralized Mail box location prior to
the closing of any home sales.
(y) FIREPROTECTION
The Owner or Subdivider agrees to provide for adequate fire protection through
the purchase oftwo I 8 hp pumps suitable for fire suppression to be used by the
municipal fire services.
The Owner or Subdivider agrees with the Corporation:
(a) EXTENT OF WORK
The extent of work shall be construed to consist of the labour and materials
ûecessary for the construction in a good substantial, workmanlike manner of all
the items required for the completion of the enti¡e work consisting of all the items
shown on the drawings which have been approved by the Corporation, and which
shall be installed according to these specifications; also, of all excavations, drains,
sheathing, shoring, false-work, forms, tools, appliances, and materials necessary
for the safe expeditious and effective execution of all temporary and permanent
work.
The Owner or Subdivider shall be responsible for obtaining the location of all
other Utilities such as Electric Underground Cables, Telephone Conduits, Storm
Sewer Catchbasins, Farm Drainage Tiles, Gas Mains and Services, etc., from the
utilþ concerned, and must protect and/or repair same subject to the regulations of
the particular service involved
Excavations, backfilling and all work on Municipal Streets must have the approval
of the Engineer and/or Corporation.
Pavements, driveways, enhance to property, lawns, etc,, must be replaced in as
good condition as found.
Barricades and lantems must be installed on all works for the protection of
vehicles and pedestrians and all precautions taken to minimize the risk of damage
and inconvenience to others.
All work shall be caried out so that it conforms to the regulations of the Trench
Excovators Ac\, and the Worker's Compensation Board, as it pertains to the safe
working conditions of the workers employed on the job.
The Owner or Subdivider shall take fi.rll responsibility for pavement breaks, which
must be approved by the Engineer and restored to the regulations applicable. The
closing of roads due to the installation of services must have the approval of the
Corporation's Engineer and the Owner or Subdivider, must observe all applicable
regulations.
In the absence of the Owner or Subdivider from the job (whether permanent or
temporary), he/she shall provide and leave a competent and teliable agent or
By-Law 2010-090 A By-Law to authorize a subdivision
agreement (Peters)
Page 154 of 161
Country View Estates Subd. Agmt.-14-
foreman in charge and all notices communications, instructions, or orders given,
sent, or served upon this person, shall be taken as served upon the Owner or
Subdivider.
(b) LIENS ORCLAIMS
The Owner or Subdivider agrees that, upon applying for fi4al acceptance of the
waterworks system in the said subdivision, to supply the Corporation with a
Statutory Declaration that all accounts for work and materials have been paid or
provided or that there are no claims for liens or otherwise in connection with such
work done or materials supplied on behalf of the Owner or Subdivider, in
connection with the subdivision.
25. Schedules "4" through "D" as listed are attached hereto:
1. Schedule "A" Plan of Subdivision
2. Schedule "B" Time Limits
3. Schedule "C" Estimated Costs of $/orks
4. Schedule "D" Lot Grading Plan
All shall form part of this Agreement and time shall be of the essence with respect to
items contained herein.
26. The Corporation shall be entitled to enforce the provisions ofthis agreement against the
owner of the lands to which it applies, and subject to the provisions of the Land Titles Act
against any and all subsequent owners ofthe lands.
27. The Owner or Subdivider may assign this Agreement only with the consent of the
Corporation.
28. All parties hereto shall execute and deliver (or cause to be done, executed and delivered)
all such further acts, documents and other assurances that may be reasonably required by
the parties for the completion ofthe work contemplated by this Agreement.
29. The Owner or Subdivider shall advise all perspective pwchasers of Items 6, 12 and 13 of
this Agreement and/or provide copy of this Agreement in all offers of purchase and sale.
IN WITNESS WHEREOF, the Parties hereto have hereunto aflixed their corporate seals, attested
to by the hands of their proper officers in that behalf fully authorized.
COTINTRY VIEIü ESTATES
rüitness Abraham Peters
Emma Peters
THE CORPORATION OF TIIE
MI.]NICIPALITY OF BAYHAM
Lynn Acre, Mayor
LyndaMillard, Clerk
By-Law 2010-090 A By-Law to authorize a subdivision
agreement (Peters)
Page 155 of 161
Country View Estates Subd. Agmt.
Earth Grading
Underground Senicing - Storm Sewer
Granular Roadbase
Electrical and Utility
Municipal Drain Relocation
Curbs and Base Asphalt
Surface Asphalt
-15-
Summer 2010
Fall 2010
Fall 2010
Fall 2010
Fall 2010
Spring 201 1
Summer 2012
I
(
By-Law 2010-090 A By-Law to authorize a subdivision
agreement (Peters)
Page 156 of 161
Fro,{oi ¡h,
oR¡Fr ÉÂr¡ oF sljBDfvsor{
PARÍ f LOT 7
coNc€sstol{ tww64w
WMT
8^YlAt
c(lJilTY f ¡L(lll
Éü-t¡tæ æ
úffiffitD
¡'
ú 2tEÞw
44)
.e,!
.oj
t _ì'tL'>
Ètå \"-
ì
¡¡
É
gnlErcßi^S CER¡rtCArE-*-*'-'.;fi
,-''--;¿----. - --ltç-r
oricrs cERrnc r€'î'Åä- F-h-.¿
ù¿
Mñ@relE*ffi56'd*rÆFAlø
¡"-
t{\T
(tr(ttç
(il
I
7.
o:
.ó
"""""t"
!
Y-¡: I
B
y
-
L
a
w
2
0
1
0
-
0
9
0
A
B
y
-
L
a
w
t
o
a
u
t
h
o
r
i
z
e
a
s
u
b
d
i
v
i
s
i
o
n
a
g
r
e
e
m
e
n
t
(
P
e
t
e
r
s
)
P
a
g
e
1
5
7
o
f
1
6
1
eþüolry t/bil¡ Eaffi ,$¡Þd, ÄdmL
By-Law 2010-090 A By-Law to authorize a subdivision
agreement (Peters)
Page 158 of 161
CYRIL T. DEì]EYBÌß UtrITîBD
5cH€Dr^L g "c "
ESTIMÂÌTN DflTRNÂL S.FI'VICtrTG COSTS
COI'NRY VIE\T ESTATES SI'BDIVISION
yIINICIPALTTY OE BAfr^M
5 SINGLE FAMILY f .OTS
FOR MT'NICIPAL SECT'RTTY
SAMTARY SEWER - p¡lv¡¡o rcpda rytcmr on o¡eh lot by bulldon
WAIEBMAbI'pdrrtc wtllr on cach lot by buildcrs
STORM\il¡.TBR MÀNAGEMENT & SS¡ÂI B
rÞrap
e STM
STORM SES'ER
bg¡Bde sl¡ñnlß@ ¡18
tular 'B' (300 mml @ t905 d 0¡anular 'B' (300 mmJ @ S29
310 n¡ G¡¡nula¡'A' (t00 mn) @ S32
$42,000
ROADWORK (265 n - Sts€€t 'A', 9.2 n b¡ck to b¡ck cu¡b ¡¡d guttor )
N¡ITIAL ROANNASB
255 m cxcavado_n ¡¡d gra$ng cxcl lot grsding @ 35t/m lncl. topsoil etdpplng
275 m of nbøde suMnlm râ Sl8
¡ 4,500
1,500
6,000
u0
3200
_3.@. ¡t6,000
¡t7,440
2,500
37,$5
30,t25
1,500
600
$90,000
0924
22 Septembcr 2010
¡ t6,000
42,000
56,000
Jg000
$204,000
s t4û25
4,950
26,245
9,920
_e6a
$56,000
Mlscellamu
SI.'P.FACE ROADWORK
545mcurb&gutrcr@$32
fmc gnú49
329 1 HL E (50 mm) @ $l 15Ul . HL3 (35 mn) @ 8125
6 cahhbasln ¡dlustneñts lô S250
Mi¡ællmæw
ÎOTAL F,STIMATED INTERNAL SERVICINC COSTS
s¡ ud
PETER J, PENNE& P. B'I.IC.
CYRIL J. DEMEYERE LMTTED
CONSTJLTINO ENOINEERS
TILISONBURG, ONTARIO,
CJDL
CodúHq engln.ı
By-Law 2010-090 A By-Law to authorize a subdivision
agreement (Peters)
Page 159 of 161
r-:-li\ti \\li \l
i-"--j
i.=b- i!llit¡r.l--l
c
I
tÌ
MUNICIPALlTY OF BAYHAM
GJDL "¡Ê"c.úiF .--19=:l:
Huru
GRADING PI-AN/
B
y
-
L
a
w
2
0
1
0
-
0
9
0
A
B
y
-
L
a
w
t
o
a
u
t
h
o
r
i
z
e
a
s
u
b
d
i
v
i
s
i
o
n
a
g
r
e
e
m
e
n
t
(
P
e
t
e
r
s
)
P
a
g
e
1
6
0
o
f
1
6
1
THE CORPORATION OF'THE
MUNICIPALITY OF BAYHAM
BY-LA\il NO.2010-091
A BY-LA\ry TO CONF'IRM ALL ACTIONS OF
THE COT]NCIL OF'TIIE CORPORÄ.TION OF
THE MUNICIPALITY OF'BAYIIAM F'OR THE
REGULAR MEETING HELD OCTOBER 7,2010
WHERJAS under Section 5 (1) of the Municipal Act, 2001 S.O. 2001, Chapter 25,the powers
of a municipal corporation are to be exercised by the Council of the municþality;
AND WHEREAS under Section 5 (3) of the Municipal Act,2007, the powers of Council are to
be exercised by byJaw;
AND WHEREAS the Council of the Corporation of the Municipality of Bayham deems it
advisable that the proceedings of the meeting be confirmed and adopted by by-law.
THEREFORE THE COI]NCIL OF TIIE CORPORATION OF'THE MUNICIPALITY
OF BAYHAM ENACTS AS F'OLLO\ilS:
1. THAT the actions of the Council of the Corporation of the Municipality of Bayham in
respect of each recommendation and each motion and resolution passed and other
action by the Council at the regular meeting held October 7,2070 is hereby adopted and
confirmed as if all proceedings were expressly embodied in this by-law.
2. THAT the Mayor and Clerk of the Corporation of the Municipality of Bayham are
hereby authorized and directed to do all things necessary to give effect to the action of the
Council including executing all documents and affixing the Corporate Seal.
READ A FIRST, SECOND AI\D THIRD TIME and finalty passed this 7th day of October,
2010.
MAYOR CLERK
By-law 2010-091 A By-law to confirm all actions of Council Page 161 of 161