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Home My WebLink AboutDecember 17, 2009 - CouncilCOUNCIL AGENDA THE CORPORATION OF THE MUNICIPALITY OF BAYHAM 9344 Plank Road, Straffordville Thursday, December 17, 2009 7:00 p.m. 7:30 p.m. & 7:40 p.m. - Public Meetings - 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)Added Item(s) (b)Minutes of the regular meeting of Council held December 3, 2009. 4.DELEGATIONS (a)7:10 p.m. Mathew Redsell regarding Ferry Study (b)7:20 p.m. Wanda Hoshal regarding Estherville Cemetery 5.INFORMATION ITEMS (a)Correspondence from The Regional Municipaliy of Durham regarding Town of Fort Erie Resolution. File: C10 (b)Copy of resolution passed November 23, 2009 by Niagara-On-The-Lake regarding "benefit sharing agreement". File: C10 (c)Copy of resolution passed November 24, 2009 by the County of Grey regarding "Bill 150 Green Energy and Green Economy Act". File: C10 (d)Copy of correspondence dated December 1, 2009 from the Corporation of the City of Oshawa to the Honourable Dalton McGuinty regarding "Superintendents and Key Holders for Condominiums and Apartment Buildings". File: C10 7-21 23-24 25 27-28 29-30 Page 1 of 269 Council Agenda December 17, 2009 Page 5.INFORMATION ITEMS (e)Copy of resolution passed October 27, 2009 by the City of Kawartha Lakes regarding "Green Energy Act". File: C10 (f)Correspondence dated November 30, December 1, 4, 8 and 9, 2009 from the Association of Municipalities of Ontario regarding "Ministry of the Environment Changes to Lead Sampling Requirements", "AMO Recognizes the Need for Affordable Access to Recreation for Ontarians", "Passage of Good Government Act, 2009 Means New Municipal Elections Rules To Take Effect", "The Auditor General's 2009 Report Highlights Human Services Spending and Bridge Infrastructure" and "Proposed Energy Consumer Protection Act". File: A01 (g)Correspondence received from Association of Municipalities of Ontario regarding "2010 Urban Symposium". File: A01 (h)Correspondence from Association of Municipalities of Ontario regarding "2010 AMO Training & Development Series". File: A01 (i)Correspondence dated December 7, 2009 from Ontario Good Roads Association regarding "OGRA Response to 2009 Ontario Auditor General's Report - Bridges". File: A01 (j)Correspondence dated December 1, 2009 from Ministry of Tourism regarding "proposed tourism regions". File: A16 (k)Long Point Region Conservation Authority Board of Directors minutes of meeting held November 4, 2009. File: A16 (l)Bayham Historical Society minutes of meeting held November 12, 2009. File: C06 (m)The Elgin Advantage newsletter from Elgin Business Resource Centre regarding "Building Communities - One Idea at a Time". File: A16 (n)Correspondence from Grand River Conservation Authority regarding"Draft Catfish Creek and Kettle Creek Assessment Reports now posted for Public Consultation". File: E00 (o)Correspondence dated December 1, 2009 from Land Use Council to Minister of Natural Resources regarding "Conservation Authorities". File: E00 31-32 33-40 41-42 43-48 49 51-52 53-58 59-62 63-66 67-69 71-73 Page 2 of 269 Council Agenda December 17, 2009 Page 5.INFORMATION ITEMS (p)Lake Erie Region Source Protection Commitee minutes of meeting held November 5, 2009. File: E00 (q)Correspondence dated December 7, 9, 10 and 14, 2009 regarding various issues. File: P17 6.PLANNING, DEVELOPMENT, RECREATION & TOURISM 1.PUBLIC MEETING 1.Public Meeting (a)7:30 p.m. Blondeel Rezoning - Lot Addition - to change the zoning on a parcel of land from the Rural Residential (RR) to the site-specific Rural Residential (RR-15) as a condition of approval by the Elgin County Land Division Committee associated with Consent Application E58/09. 2.Declaration of Pecuniary Interest and the General Nature Thereof 3.Staff Presentation (a)Staff Report D2009-44 regarding Blondeel Rezoning - Lot Addition File: D14.BLON 4.Public Comments 5.Council Comments and Questions 6.Adjournment 75-83 85-98 99-110 Page 3 of 269 Council Agenda December 17, 2009 Page 7.Disposition of Item 2.PUBLIC MEETING 1.Public Meeting (a)7:40 p.m. Otter's Edge Estates / Jammie Underhill Farms Rezoning - to change the zoning on a parcel of land from Agricultural (A1) Zone and the Special Agricultural (A2) Zone to a site-specific Agricultural Zone. 2.Declaration of Pecuniary Interest and the General Nature Thereof 3.Staff Presentation (a)Staff Report D2009-45 regarding Otter's Edge Estates / Jammie Underhill Farms Rezoning. File: D14.OTTR 4.Public Comments 5.Council Comments and Questions 6.Adjournment 7.Disposition of Item 7.ROADS, AGRICULTURE & DRAINAGE 111-133 Page 4 of 269 Council Agenda December 17, 2009 Page 7.ROADS, AGRICULTURE & DRAINAGE (a)Staff Memorandum regarding Road Closure Application - Concession 5 and South Gore. File: T09 8.PROPERTY, BUILDING & PROTECTIVE SERVICES (a)Building Permit Report for the month ending November 30, 2009. File: P10 9.FINANCE, ADMINISTRATION & PERSONNEL (a)Cheque Register being Cheque #7612 to Cheque #7697 inclusive, except Cheques #7499 and #7594 totaling $894,529.44 and Payroll Disbursements for the period ending November 29, 2009 totaling $53,478.55. (b)Staff Report E2009-14 regarding Water Infrastructure Project. File: E08 (c)Staff Report F2009-048 regarding Recreation Infrastructure Agreement. File: F05 10.ENVIRONMENT 11.COMMITTEE OF THE WHOLE (a)In Camera. (b)Confidential correspondence regarding labour relations or employee negotiations. (c)Out of Camera. 12.BY-LAWS (a)By-Law Z574-2009 A By-Law to further amend By-Law Z456-2003 (Blondeel) (b)By-Law Z575-2009 A By-Law to further amend By-Law Z456-2003 (Otters Edge / Underhill) 135-138 139 141-154 155-156 157-158 159-160 161-164 Page 5 of 269 Council Agenda December 17, 2009 Page 12.BY-LAWS (c)By-Law 2009-134 A By-Law to Stop Up, Close and Convey Part of Unopened Road Allowance (second and third reading) (d)By-Law 2009-135 Amendment No. 10 to the Official Plan (e)By-Law 2009-138 A By-Law to authorize the execution of an agreement (Recreation Infrastructure Funding) (f)By-Law 2009-139 A By-law to confirm all actions of Council 13.ADJOURNMENT 165-166 167-212 213-268 269 Page 6 of 269 Minutes of the regular meeting of Council held December 3, 2009.Page 7 of 269 Minutes of the regular meeting of Council held December 3, 2009.Page 8 of 269 Minutes of the regular meeting of Council held December 3, 2009.Page 9 of 269 Minutes of the regular meeting of Council held December 3, 2009.Page 10 of 269 Minutes of the regular meeting of Council held December 3, 2009.Page 11 of 269 Minutes of the regular meeting of Council held December 3, 2009.Page 12 of 269 Minutes of the regular meeting of Council held December 3, 2009.Page 13 of 269 Minutes of the regular meeting of Council held December 3, 2009.Page 14 of 269 Minutes of the regular meeting of Council held December 3, 2009.Page 15 of 269 Minutes of the regular meeting of Council held December 3, 2009.Page 16 of 269 Minutes of the regular meeting of Council held December 3, 2009.Page 17 of 269 Minutes of the regular meeting of Council held December 3, 2009.Page 18 of 269 Minutes of the regular meeting of Council held December 3, 2009.Page 19 of 269 Minutes of the regular meeting of Council held December 3, 2009.Page 20 of 269 Minutes of the regular meeting of Council held December 3, 2009.Page 21 of 269 Page 22 of 269 DURHAM REGION ) 't_r Attn: All Ontario Municipalities RE: MEMORANDUM FROM DR. ROBERT KYLE, COMMISSIONER & MEDICAL OFFICER OF HEALTH, DATED SEPTEMBER IO, 2OO9 RE: TOWN OF FORT ERIE RESOLUTION OUR FILE: 100-00 Please be advised the Health & Social Services Committee of Regional Council considered the above matter and Council adopted the following recommendations of the Gommittee: "a) THAT the following resolution of the Town of Foft Erie dated May 25,2009, with respect to amendment of the Ombudsman Actlo authorize the Ombudsman to investigate public complaints about hospitals, be endorsed: 'WHEREAS the Ombudsman is the "citizen representative" and the Office of the Ombudsman is responsible for responding to complaints affecting government organizations save and except hospitals, long-term care facilities and children's aid societies, and WHEREAS the Office of the Ombudsman has been advocating since 1975 to include hospitals under the jurisdiction of the Ombudsman, but to date, Ontario remains the ONLY Provínce in Canada who's Ombudsman has no jurisdiction over hospitals and long- term care facilities, and WHEREAS hospitals spend more than $20 billion in public money every year in Ontario, and WHEREAS whether overseeing the police, the military or the Provincial Government, Mr. Marin has stated one of the beliefs that's closest to his heart is that these bodies don't exist for their own ends. They exist to serve the public. The public also has great expectations of the checks and balances that exist to keep the system functioning as it should, and WHEREAS the historical reason for not including hospitals under the Ombudsman Act is extremely weak and is based on the fact they do not fall under the definition because they have their own elected boards, and WHEREAS a municipal "board of directors" is directly elected by the public and the hospital board is not, and Correspondence from The Regional Municipaliy of Durham regarding Town of Fort Erie Resolution. File: C10 Page 23 of 269 Page 2 Ombudsman Act WHEREAS the Offlce of the Ombudsman is quoted as saying, "Ontario is the only province in Canada whose Ombudsman does not have a mandate to oversee hospitals. Despite this, the Ombudsman's Office receives many serious complaints about hospitals every year that cannot be investigated. A total oÍ 276 complaints about hospitals were received in fiscal 2007-2008.", arìd WHEREAS the time has come for the Government of Ontario to include hospitals under the jurisdiction of the Ombudsman Act to ensure a high level of health care, fiscal responsibility, accountability, openness and transparency; NOW THEREFORE BE lT RESOLVED by the Municipal Council of the Town of Fort Erie that it hereby petitions the Premier of Ontario to take the necessary steps in a timely manner to amend the Ombudsman Act to include hospitals under the jurisdiction of the Ombudsman, and further THAT: ln the event the Premier responds negatively, the Municipal Council of the Town of Fort Erie respectfully request and expects a full and complete explanation as to why the Province will not amend the Act as requested, and further THAT: This resolution be circulated to all municipalities in the Province of Ontario for support, and further THAT: The appropriate persons be so notified of this action.'; and b) THAT the Premier of Ontario, Minister of Health and Long- Term Care, Speaker of the Ontario Legislature, Durham's MPPs, Ontario's Ombudsman, Chief Medical Officer of Health, alPHa, and all Ontario boards of health and municipalities be so advised." DISCIAIMER This material is provided under contract as a paid seruice by 1he orþinafíng organizatíon and does not necessarily reflect the view or positions of the Assocíation of Munícþalíties of Ontario (AMO), its subsidiary companies, offrcers, directors or agents. The Regional Municipality of Durham Clerk's Department Fax: (905) 668-9963 Email: clerks@durham.ca Correspondence from The Regional Municipaliy of Durham regarding Town of Fort Erie Resolution. File: C10 Page 24 of 269 Nie#ra,O"ÎÉ",þ.. 1593 FounMrsCnrerRo¡o P.O. Box100 ' Vtnctr" Orr¡ruoTer-Eprror.rg 905-468-3266 Fncsnuu, 905-468-2959 lr.) LOS ITO Attention: All Ontario Municipalities Niagara-on-the-Lake Motion - Approved November 23,20Q9 Moved by: Councillor J. Lowrey, Seconded by: Councillor J. Collard Now therefore be it resolved that the Region of Niagara be requested to enter into a benefit sharing agreement with the lower tier municipalities; and That Lord Mayor Gary Burroughs and Regional Councillor Dave Lepp table the attached motion in support of that agreement at Regional Council before the finalization of their 2010 budget; and That this resolution be forwarded to all municipalities within Niagara, including the Region of Niagara, seeking their support; and That this resolution be forwarded to AMO for circulation to all Ontario municipalities for their support and endorsement; and That lower tier municipalities across Ontario be requested to follow the lead of Niagara municipalities and negotiate with their upper tier partners a benefit-sharing agreement that distributes the uploading tax room with each municipality in both the upper and lower tiers. Please forward your notification of support to the Town of Niagara-on-the-Lake Clerk's Department and to the Regional Clerk at the Regional Municipality of Niagara (P.O. Box 1042, Thorold, ON L2V 4T7). Region of Niagara Motion - Proposed Whereas the Province of Ontario, after consulting with the Association of Municipalities of Ontario (AMO), has seen fit to upload the costs of social services from municipalities; and Whereas these costs were paid for by properties across the region based on property assessment; and Whereas the uploading benefit to the Region of Niagara is anticipated to be $14.3 million in 2010; and Whereas the uploading benefit that has been realized over the last two years will continue until 2018 so that the cumulative impact of the uploading benefit off the Regional tax levy after 10 years is estimated to be $64.386 million; and Whereas upper tier municipalities have not passed the benefit of uploading back to their lower tier partners, despite the compounded savings realized from incremental permanent uploading; and Whereas the 12 lower tier municipalities in Niagara are forecasted to lose the OMPF special assistance funding, totaling $8,477,900 in 2010; and Whereas Niagara Regional Council has approved the following resolution: "That Staff be directed to remove the total upload cosfs (2010, $14.3M) from the prevíous year's base budget, such that the replacement of lost OMPF revenues, the ínflationary costs of social programs, and the "2010 Guidance lncreases" can be transparently reported as the levy increases fhaf they are"; and Now therefore be it resolved that the Region of Niagara be directed to share the gross benefits derived from uploaded social services by passing through those savings to the lower tier Towns/Cities by way of a tax levy restatement in 2010 in order to distribute those 2010 savings to each municipality proportionately based on assessment. DISCIAIMER Thís matenàl is provided under contract as a paid seruice by lhe originating organ¡zatÌon and does not necessarily rcflect the view or positions of the Association of Municþalilies of Ontario (AMO), its subsidiary companies, ofllcers, directors or agents. Copy of resolution passed November 23, 2009 by Niagara-On- The-Lake regarding "benefit sharing agreement". File: C10 Page 25 of 269 Page 26 of 269 -ol^flolvDå-SÏi" E .ft CORPORATION OF THE COUNTY OF GREY OF'FICE OF THE COLINTY CLERK/DIRECTOR OF COTJNCIL SERVICES Sharon Vokes, County ClerUDirector of Council Services 595 gth Avenue East Owen Sound, Ontario N4K 3E3 (519) 376-220s 1-800-567-GREY Far (519) 376-8998 sharon.vokes@grey.ca%qr"ro, November 26,2009. TO ALL MUNICIPALITIES: At the November 24,2OOg session of Grey County Council, the following resolution was adopted: WHEREAS the Gouncil of the Gorporation of the County of Grey has expressed concern over B¡ll 150 being the Green Energy and Green Economy Act which is now in force and effect; AND WHEREAS the need for renewable energysources is recognized atthefederal, provincial, municipal and local community levels; AND WHEREAS windgenerated power is an established source of renewable energy being created globally; AND WHEREAS discrepancy exists on the health effects potentially created by the presence of industrial wind turbines; AND WHEREAS this discrepancy on the potential health effects is proving to be destructive and divisive to the social and cultural fabric of rural communities; AND WHEREAS other Ontario municipalities have passed resolutions expressing oonoern with the health effects association with wind turbines; NOW THEREFORE BE lT RESOLVED THAT the Gouncil of the Gorporation of the Gounty of Grey requests that the Federal and Provincial government agencies responsible for public health, energy creation and energy management complete the following: 1. Dedicate resources to the necessary scientific research to consider the impact of a) low frequency noise, and b) electrical and electromagnetic disturbances in areas of industrial wind turbines with the intent to confirm/deny public health implications; c) technology and infrastructure being used; and 2. Create and provide authoritative regulations and guidelines for the locating of wind turbines to municipalities and wind energy developers; AND THAT this resolution be forwarded with a request for action to: The Ontario Ministries of Health, Environment and Energy, Medical Officers of Health at Public Health Units, Environment Ganada, Health Ganada, Grey County MPPs and MPs, the Premier's Office, the Prime Ministe/s Office, the Association for Municipalities of Ontario (AMO), and the Federation of Ganadian Municipalities (FGM); AND THAT this resolution be circulated to all municipalities in Ontario requesting their support. The support from your Municipality is greatly appreciated. Yours very truly, Sharon Vokes, C.M.O., D.P.A., County Clerl</Director of Council Services Copy of resolution passed November 24, 2009 by the County of Grey regarding "Bill 150 Green Energy and Green Economy Act". Page 27 of 269 DISCIAIMER This material is provided under contract as a pid seruiæ by lhe onþinat¡ng organÞation and does not necessarily rellect lhe view or positions of the Associat¡on of Municþallies of Oilario (AMO), its subsidiary companies, offiærs, diredoß or agents. Copy of resolution passed November 24, 2009 by the County of Grey regarding "Bill 150 Green Energy and Green Economy Act". Page 28 of 269 Oshawa _r) êorpoæte Servlces Departrnent Ctty Cleil Servlces File D-1100 December 1,2009 The Honourable Dalton McGuinty, Premier Queen's Park Room 281, Main Legislative Building Toronto, ON M7A lAl Re. Request for the Province to Mandate Condominiums and Apartment Buildings be Checks Superintendents and Key Holders for Bonded and Obtain Criminal Reference City Council considered the above matter at a meetlng held November 30, 2009 and adopted the following recommendation of the Strategic lnitiatives Committee: "Whercas the residents of condominiums and apartments have the right to live in a safe environment; and, Whereas there cunently is no legislation mandating that superintendents and key holders to those complexes are required to be bonded or obtain police checks: Therefore be it resolved that the Province be mandated to compel owners and manageÉ of properties to ensure that allkey holders are bonded and obtain police criminal checks; and, That this be fonrarded to all municipalities, the Association of MunicipalÍties of Ontario, the Chief of Police and Members of Provinciaf Parliament" Your cor¡sideration of this important issue is appreciated. By copy of this letter, I am advising all municipalities, the Association of Munícipalities of Ontario, and the Chief of Police of Council's decision and requesting the Clerk of the Ontario Legislature distribute this letter to all Members of Provincial Parliament. The Gorporatlon of the City of Oshawa, 50 Centre Street South, Oshawa, Onþrio LIH 327 Phone 905.436.5639 1.800.667.4292 Fax 905.436.5697 rvww,oshawa.ca Copy of correspondence dated December 1, 2009 from the Corporation of the City of Oshawa to the Honourable Dalton Page 29 of 269 Copy of correspondence dated December 1, 2009 from the Corporation of the City of Oshawa to the Honourable Dalton Page 30 of 269 rmcgee@city. kaw arth al akes' on'ca Ric McG Eê, Mayor November 16, 2009 To: All Municipalities & Native Tenitories in Ontario Re: Wind Turbines At the october 27h Regular Meeting of Gouncilthe following motion was adopted by council' Act; and en identified for wind farm develoPment; and *HEREAS, currenfly a number of wind turbine development companies have publicly signaled i,ri.ïåËfrtïiåï"i:t red power is an estabrished source or renewable enersv beins created fliitÉP¿Ã|],n"r" are legitimate concerns and studies retating to alternative energv sources put forward from various source essed concerns regarding health' safety and economic impacts for those sites; and WHEREAS, discrepancy ex potentiaily created by the presence of I health effects is proving to be destructive and communities; and passed resoiutions expressing concern with wind turbines; and nergy Act, the MuniciPalitY is ^a^pto."it iäl"ting to th'e loóation' setbacks' etc' and dress the publið concern and control good planning he location and placement of alternative energy has been removed with the passage of the projects may include or abut schools; Ridges Moraine; and ó,JËã-1."¿s are being identified for industrial wind turbine develoPment; and WHEREAS,theguidelinesfortheGreenEnergyActdonotspecifywhethertheinfrastructure costs related to the windmill projects will be .ou"r"d by the province, the municipality or the ) C í*r Copy of resolution passed October 27, 2009 by the City of Kawartha Lakes regarding "Green Energy Act". File: C10 Page 31 of 269 Ministry of Health and Long Term Care Page 2 adverse health effects; a full environmental study be done to determine the possible impact on the conservation areas and the Oak Ridges Moraine and that an independent economic impact study be done to determine all related potential costs that will be incurred by the Municipality and the effect on property values in the affected areas; THAT this resolution be fonrvarded with a request for action and support to: The Ontario Ministries of Health, Environment and Energy, Chief Medical Officer of Canada, Chief Medical Officer of Ontario, Medical Officers of Health at Public Health Units, Environment Canada, EnvironmentalCommissioner, Health Canada, all MPPs and MPs, The Premier's Office, The Prime Minister's Office, The Association for Municipalities of Ontario (AMO), and The Federation of Canadian Municipalities (FCM); and THAT this resolution be circulated to all municipalities and native territories in Ontario req uesting their support. Respectfully, Minister, the operative paragraph is .that the Council of the City of Kawartha Lakes requests in advance of the issuance of any permits and the commencement or continuance of any projects that the appropriate Provincial Health Officials conduct a study of the adverse health effects now being experienced where windmill projects are fully operational to determine the possible adverse health effects; a full environmental study be done to determine the possible impact on the conservation areas and the Oak Ridges Moraine and that an independent economic impact study be done to determine all related potential costs that will be incurred by the Municipality and the effect on property values in the affected areas". Your consideration of this matter is appreciated. Kindest Regards, Ric MeGee Ric McGee, Mayor City of Kawartha Lakes CC: Prime Minister Stephen Harper Premier Dalton McGuinty John Gerretsen, MPP, Minister of the Environment Jim Prentice, MP, Minister of Environment Gord Miller, Environmental Commissioner Leona Aglukkaq, MP, Health Canada Dr. Arlene King, Ontario Chief Medical Officer of Health Dr. David Butler-Jones, Chief Public Health Officer Association of Municipalities of Ontario The Federation of Canadian Municipalities Dr. Lynn Noseworthy, Kawartha Pine Ridge District Health Unit House of Commons for all MP's Ontario Legislature for all MPP's All Municipalities and native Territories in Ontario DISCI-AIMER This material is provided under contract as a paid seruice by the orþinating organization and does not necessaríly rellect the view or posilions of the Association of Municþalíties of Ontarío (AMO), íts subsidiary companíes, offrcers, direclors or agents. Copy of resolution passed October 27, 2009 by the City of Kawartha Lakes regarding "Green Energy Act". File: C10 Page 32 of 269 \-) flo 1 200 UniversityAve, Suite 801 Toronto, ON MsH 3C6 Tel.: (416) 971-9856 | Fax (416) 971-6191 E-mail: amo@amo.on.ca þ-ffi EJJ<nts MEMBER GOMMUNICATION ALERT No: 09/079 To the attention of the clerk and council FoR MoRE lNFoRMArloN coNrAcr: November 30, 2o0e &11Ï5ri:#È'3f3il"'Poricv Advisor Ministry of the Environment (MOE) Changes to Lead Sampling Requireme lssue: MOE has amended O.Reg. 170103 and O.Reg .248103 with regard to requirements for lead sampling in municipal systems and schools and day nurseries, respectively, Background: ln 2007, the Ontario government required municipal drinking water systems, schools and day nurseries to undertake mandatory testing for lead in drinking water to ensure lead levels met the Ontario Drinking Water Standards. Since that time, the testing undertaken has demonstrated that the vast majority of municipal and non- municipal residential drinking water systems, schools and day nurseries have met the standards. As a result, MOE has recently filed amended regulations under the Safe Drinking Water Act to clarify some of the requirements for testing and to introduce an automatic exemption for municipal drinking water systems serving under 50,000 people. The exemption is available to these systems if: o The system is already doing reduced sampling or if the system has been granted sampling relief by the Ministry; oro Not more than ten per cent of plumbing samples over a complete year of sampling (winter and summer) have exceeded the standards. The exemption is automatic once test results have been submitted to the Ministry and MOE approval is not needed. Distribution system samples are still required. MOE has already alerted drinking water systems owners registered with the Ministry regarding the changes. For further information, municipal officials are encouraged to contact the Ministry of the Environment's Public lnformation Gentre at 416-325-4000 or 1-800-565-4923 or by email at p icemai l. moe(Oontario.ca. lnformation on the amendments is also available at: www.onta rio.caldri n kinqwater. Action: Members are encouraged to use contact the Ministry of the Environment for more detailed information regarding the amendments. AMO will continue to keep members informed of developments in water policy and requirements. This information is available in the Policy /ssues section of the AMO website at www.amo.on.ca. 1-1 nun¡"¡p"rîl3i?äii:.ii ^Ho Correspondence dated November 30, December 1, 4, 8 and 9, 2009 from the Association of Municipalities of Ontario regarding Page 33 of 269 / 'í t; l-tr HJJ MEMBER GOMMUNICATION 200 University Ave, Suite 801 Toronto, ON M5H 3C6 Tel.: (416) 971-9856 | Fax (416) 971-6191 E-mail: amo@amo.on.ca ALERT No: 09/083 To the attention of the clerk and council FoR MoRE INFoRMAÍoN coNrAcr: December r, 2o0e ä:,6 yî'$åï¿åTtnt"n'o' Poricv Advisor AMO Recognizes the Need for Affordable Access to Recreation for Ontar¡ans lssue: At their recent meeting, the AMO Board of Directors supported the recommendations of the Policv Framework for Affordable Access to Recreation for Ontarians. AMO will now seek commitment from the provincial and federal governments to move this important policy ahead. Background: AMO is supporting what many Ontarian's identify as one of the highest valued services delivered by municipalities -- recreation. Building on research demonstrating the benefits of recreation for low income families, the Ontario Task Group on Access to Recreation developed a policy framework and approach to creating local access policies that reflect both community need and capacity. The Task Group, comprised of numerous stakeholder groups and government representatives, developed a vision supported by policy objectives and strategic considerations to guide decision makers in creating and promoting local access policies that promote the understanding that everyone should have access to affordable recreation in their community in order to enjoy the health and social benefits, and to improve their prospects for a better future. Municipal engagement in providing access to recreation for low income families can also benefit the taxpayer. Research clearly demonstrates that recreation improves the prospects of a person's mental and physical health, which leads to greater financial independence and benefits to the taxpayer. Local communities are encouraged to implement access policies in a manner that responds to both local needs and capacities. But municipalities cannot go it alone in providing this important service. AMO's advocacy goal is for the provincial and federal governments to assist communities and citizens through formal policies and funding. Action: AMO will advise the provincial government of its support for affordable access policies and seek provincial support and commitment to moving forward on this policy. AMO will also request a commitment from the federal government to increase access to recreation for Ontarians. This information is available in the Policy /ssues section of the AMO website at www.amo.on.ca. uunic¡par¡t,4::î?äiÎ:r"i ^Ho1-1 Correspondence dated November 30, December 1, 4, 8 and 9, 2009 from the Association of Municipalities of Ontario regarding Page 34 of 269 200 University Ave, Suite 801 Toronto, ON MsH 3Co Tel.: (416) 971-9856 | Fax (4'16) 971-6191 E-mail: amo@amo.on.ca MEMBER COMMUNICATION ALERT No: 09/084 To the attention of the clerk and council FoR MoRE lNFoRMArloN coNrAcr: December 4,2oos li?[i3i,,i!'ri, AMoSeniorPoricvAdvisor Passage of Good Government Act, 2009 Means New Municipal Elections Rules to Take Effect lssue: On Thursday December 3, 2009 the Good Government Act, 2009 was carried on Third Reading. Background: On October 27,2009 the Honourable Chris Bentley, Attorney General introduced a bill which woufd amend the Municipal Elections Act, 1996. Following debate in the Legislature and consideration by the Standing Committee on Finance and Economic Affairs this fall, the Act was passed yesterday. Proclamation and the necessary regulations are expected shortly. Major changes include: Date Change - Elections will now be held on the fourth Monday of October. The next municipal election will be held on October 25,2010. Campaign Financing - The existing surpluses of municipal candidates may be used Íor 2010 only. ln future elections, surpluses will go to the municipality. Fundraising limits are now increased to 85 cents per elector and there is now a new contribution limit of $5,000 per contributor in each jurisdiction. Financial reporting requirements for candidates are also enhanced. In addition, audit and accounting fees will now be excluded from a candidate's spending limit. This amendment to the original bill was made during the Standing Committee's review. Compliance Audits - All municipal councils will now be responsible for appointing citizens to Compliance Committees of 3-7 citizens. These committees will address issues related to a candidate's election campaign finances. AMO is pleased to see many of its recommendations adopted in the Act. Action: For your information. This information is available in the Policy /ssues section of the AMO website at www.amo.on.ca. uun¡c¡par¡îl:ïJãii:,ii AllO l-tr HJJ 1-1 Correspondence dated November 30, December 1, 4, 8 and 9, 2009 from the Association of Municipalities of Ontario regarding Page 35 of 269 MEMBER COMMUNICATION 200 University Ave, Suite 801 Toronto, ON MsH 3C6 Tel.: (416) 971-985ô | Fax (416) 971-6191 E-mail: amo@amo.on.c€r ALERT No: 09/085 l- nr HJJTo the attention of the Clerk and Council December 8, 2009 The Auditor General's 2009 Report Highlights Human Services Spending and Bridge lnfrastructure lssue: The Auditor General's 2009 report examines value-for-money in the administration of human services programs and safety inspections of bridges, including municipally owned structures. Background: Every year the Auditor General of Ontario, Jim McCarter, examines selected provincial programs and services. His 2009 annual report, released on December 7, 2009 contains findings and recommendations that touch municipal governments (Consolidated Municipal Service Managers (CMSMs) that deliver Ontario Works and Social Housing. The report also examined accountability and information gaps relating to municipal bridge inspections. Ontario Works: Determination of eligible recipients for Ontario Works and efficiency in the administration of the program were part of the review along with an audit of three CMSMs for the period of 2007lOB and 2008/09. The summary of McCarte/s findings support concems that AMO and others have raised consistently regarding the complexity of the provincial program. The key findings include:. Concerns with the confirmation of eligibility;o An increase in unrecovered overpayments of 45% since 2002:o Reliability of the Service Delivery Model technology. Ontario Works administration funding is cost-shared by the Province and municipalities notionally on 50:50 basis but a cap on provincialfunding many years ago. Current caseloads are comprised on a significant number of hard to serve clients. This coupled with increasing caseloads due to the economic down turn means even more expenditure challenges for municipalities. The pressures identified by the Auditor demonstrate the need to develop a streamlined and responsive program that focuses on outcomes for recipients. AMO is currently working with the province on implementing the recommendation from the Provincial Municipal Fiscal and Service Delivery Review (PMFSDR) on principles for the future allocation of administrative funding for Ontario works and looks forward to working with the province on streamlining the rules so that resources can be invested in people while ensuring appropriated administrative oversight is in place. uunic¡par¡1[3i?äli:.ii allo Correspondence dated November 30, December 1, 4, 8 and 9, 2009 from the Association of Municipalities of Ontario regarding Page 36 of 269 It should be noted, the percentage increase in unrecovered overpayments reflect a historical accumulation of all unrecovered overpayments across all CMSMS. This can include overpayments not recovered under the General Welfare Act. Social Housing: The audit focused on the provincial role in maintaining sufficient social housing units in partnership with municipalities and the federal government and whether funds for social housing programs are efficíently managed. The findings identify:. The provincial government is accountable for providing well maintained and sufficient social housing across the province-despite the fact municipalities have primary fund ing and administrative responsibilities.. Significant challenges exist for municipalities in maintaining the existing social housing stock, this will be exacerbated through declining federalfunding; and. Programs and legislation must be better coordinated and more responsive to local needs and capacities. The auditor's recommendations support AMO's advocacy on these matters. The PMFSDR specifically identified that changes must be made to the legislative and programmatic relationships so municipal govemments can deliver housing in ways that makes sense for their communities. These types of changes will likely find cost savings but, for the long term, as identified by the Auditor, the province needs to be a funding partner. lt is also important that the government and municipalities continue to work together to get the federal government engaged in long term funding of affordable housing. AMO and the Minister of Housing are doing just that through a variety of advocacy approaches, as is FCM. Bridges: The Auditor primarily examined bridge assets owned by the province and its inspections on provincial bridges. The report also identified some gaps in aggregate information on municipal bridge asset conditions across Ontario due to the lack of a unified municipal database system. The report also noted a backlog of rehabilitation work in many municipalities. However, the Auditor General's report also notes that while municipalities have responsibility for 80 per cent of Ontario's bridges, of the municipalities that responded to their survey accounting for approximately 7,300 of 12,000 municipal bridges, 90 per cent rated their bridges in good to fair condition. The report also noted many concerns shared by municipalities regarding long-term, sustainable infrastructuré funding, and challenges related to maintaining assets in municipalities with small property tax assessment bases. Ontario municipalities own more infrastructure assets than any other order of government in the province. Last year, the PMFSDR found that despite mgnicipal capital spending of over $7.9 billion in 2008, an additional $6 billion a year for ten years would be needed to close the infrastructure deficit and bring municipal infrastructure systems into a state of good repair. l-ffi EJJ 2-3 Mun¡c¡par¡ä::ïåiî:."i ^Ho Correspondence dated November 30, December 1, 4, 8 and 9, 2009 from the Association of Municipalities of Ontario regarding Page 37 of 269 The ongoing uploading by the province for major social services costs and various infrastructure programs, most with limited time lines, are helping with municipal capacity to make progress on the infrastructure deficit, however the gap will remain for years. Ontario municipalities cannot make up the infrastructure deficit alone and must have long-term, sustainable and predictable infrastructure funding programs from the federal and provincial governments to support these priorities. AMO has begun work with the Ministry of Transportation on a review of municipal roads and bridges as agreed in the PMFSDR final report. The objectives of the review are to examine road and bridge responsibilities and funding arrangements in Ontario. AMO will continue to inform members of the work of these groups and to advocate for long-term, sustainable infrastructure funding on behalf of Ontario municipalities. This information is available in the Policy /ssues section of the AMO website at www.amo.on.ca. l'-tr l,åJJ 3-3 Munic¡par¡î::ïJäiî}"i ^llo Correspondence dated November 30, December 1, 4, 8 and 9, 2009 from the Association of Municipalities of Ontario regarding Page 38 of 269 MEMBER COMMUNICATION 200 University Ave, Suite 801 Toronto, ON MsH 3C6 Tel.: (4'16) 971-9856 | Fax (416) 971-6191 E-mail: amo@amo.on.ca ALERT No: 09/086 To the attention of the Clerk and Council December 9, 2009 FOR MORE INFORMAT¡ON GONTAGT: Scott Vokey, AMO/I-AS Energy Services Coordinator (416) 971-9856 ext 3s7 l- ffi l'TJJ PROPOSED ENERGY CONSUMER PROTECTION ACT Issue: The Province introduced new legislation today that intends to protect consumers from hidden contract costs, prov¡de greater fairness and transparency on rate compar¡sons. Background: Utility rates and retailer operations are approved and licensed by the Ontario Energy Board (OEB). O. Reg 200102 under the Ontario Energy Board Act, 1998, includes a fairly lengthy list of acts or om¡ss¡ons of a reta¡ler of electricity or gas marketer that are cons¡dered unfa¡r related to utility rates, contract terms and details, as well as contract renewals, extensions, and cancellations. ln addition, the OEB sets out "Fair Marketing Practices" in lhe Electrícíty Retailer Code of Conducf and the Code of Conduct for Gas Marketers. The OEB also created a Retail Compliance Plan (RCP) in early 2009 to verify that licensed electricity retailers and natural gas marketers are ¡n compliance with their legal and regulatory obligations. Throughout the spring and summer OEB staff conducted inspections of selected electricity retailers and natural gas marketers - focusing on contract management and sales agent training and monitoring. OEB staff have completed their inspections and have issued a Retail Compliance Plan Staff Repoft. A number of energy retailers have been investigated and fined in 2009 as part of this work. The proposed legislation attempts to build on lessons learned from the OEB Retail Compliance Plan exercises and to address concerns that have been commonly voiced in consumer complaints. In addition, the proposed Act intends to enable tenants to be directly financially responsible for the amount of energy that they use by encouraging suite-metering. The Province has already moved forward to enable individual suite metering in condominiums whereas the next phase aims to target the 1 .3 míllion residential rental units in Ontario -- 1 .05 million of which are in the private rental market and 262,000 are social housing and assisted units. Mun¡c¡par¡t:::?äiilfi ^ìlo1-2 Correspondence dated November 30, December 1, 4, 8 and 9, 2009 from the Association of Municipalities of Ontario regarding Page 39 of 269 Finally, the new legislation would also provide the government authority to establish specific requirements for energy and suite-metering companies to follow with regard to disconnections and security deposits, which could include: . Requirements that utilities and suite metering companies need to meet for disconnections including: black-out periods (e.9., winter months); special medical reasons (e.9., disability, death of a spouse); ando Prescríbed reductions (or waivers) of security deposits for vulnerable consumers who are recipients of energy assistance from government or other sources such as the Winter Warmth Program. What the proposed Energy Consumer Protection Act, 2009, means for municipal governments: 1. Consolidating and strengthenÍng standards for energy retailers: Municipalities that have contracts with energy retailers or that participate in purchasing co- operatives may be impacted by the proposed changes. These changes do enhance consumer protection for the most part but two clauses may negatively impact certain public sector energy procurement practices without necessarily improving consumer protection: eliminating evergreen renewals and mandating the exact price of a commodity to be delivered in the contract. The former will result in an unnecessary administrative burden and expense while the latter change threatens to severely restrict well-established procurement and hedging strategies to the detriment of municipal energy consumption and utility rates. AMO has offered similar early comments to the Minister and will pursue them further as the pertinent regulations are developed to ensure that municipal and other broader public sector (BPS) partners' procurement efforts are not negatively impacted. 2. Removing impediments to metering in multi-residential buildings: The costs of individual suite-metering to municipal housing providers and service managers would be high due to extensive and costly rewiring of units. As a result, AMO is pleased that the Province is not planning to make this mandatory for existing facilities, and the Association will seek exemption for any new social housing stock. AMO is also concerned with the logistics of proposed rent decreases as they will have to be made up by the landlord (i.e. the municipality), and tenants are generally struggling with a range of issues the least of which may be energy conservation. 3. Developing a policy regime to protect low-income, vulnerable consumers: The proposed changes to disconnection and security deposit policies will affect local distribution companies directly but will not impact municipalities per se. AMO strongly supports moves to enhance the protection of lowincome consumers and pledges to work with the Ministry on reaching the LDC community during the development of the pertinent regulations. Actions: For information. This information is available in the Policy /ssues section of the AMO website at www.amo.on.ca. u un¡c¡par¡î::ïJäii:;lj allo FE HJJ Correspondence dated November 30, December 1, 4, 8 and 9, 2009 from the Association of Municipalities of Ontario regarding Page 40 of 269 oo 80 lo .O - Aot 2OL0 Urban Symposium April 12 -t3,2OtO Lincoln Alexander Theatre Hamilton, Ontario Cannect ng AMO's third annual Urban Symposium will explore the challenges and opportunities of urban issues. Past speakers at this exclusive event have included: - New York Urban writer, Adam Gopnik - Journalist and Diplomat, Pamela Wallin - Amsterdam's Urban Planner, Ton Schaap Join over 100 of Ontario's Urban thinkers, elected officials, municipal and provincial stafffor presentations and discussions on how Ontario's Urban centres are Connecting Citizens. The Symposium willshowcase ideas and initiatives related to: - Sustainable City Living - Urban Mobility - The Culture of Cities - Emerging Challenges of Urban Growth - and much more... ldeas and presentations listed above are subject to change. Up-to-date programming information can be found on the AMO website at www.amo.on.ca Last year's Urban Symposium in Brampton was a great success. Don't miss this unique opportunity - register online or via the attached PDF registration form today. Questions? Please contact Nav Dhaliwal, Special Events Coordinator at ndhaliwal@amo.on.ca or 4L6.97 t.9856 ext. 344 or To I l- Free at L.87 7 .426.6527 Citiz Àe¡oeiation af Atunicipalilie¡ af Omario www.amo.on.ca Correspondence received from Association of Municipalities of Ontario regarding "2010 Urban Symposium". File: A01 Page 41 of 269 aIIIIJt !iConnecttÌ c lizens 2010 Urban Symposium I April L2-L3,ãOLO Lincoln Alexander Theatre, Hamilton, Ontario REGISTRATION FORM PLEASE PRINT IN BLOCK LETTERS First Name:last Name: Title or Function: M u n i ci p a I ity/O rga n ization : Address: City: Tel: AMO Member Provincial/Federal Government Non-member Province:Postal Code: Fax:E-mail: REGISTRATION FEES (does not include hotel accomodation *) Early Bird UntilMar.9 s 49s.00 s sos.oo S srs.oo Regular After Mar.9 S sos.oo s sls.oo S s2s.oo 5% GST TOTAT DUE Amount s s s s s PAYMENT MEÏHOD I'l ar,"or" Payable to: Association of Municipalities of Ontario 200 University Avenue, Suite 801 Toronto, ON., MsH 3C6 n Mastercard !vi,, Card # Name on Card Expiry Date Signature Refund PoliCy: Cancellations must be made in writing and received by AMO no later than March 19, 2010. An administratíon fee of S 75.00 + 5% GST (SZA.ZS¡ will apply. Cancellations received after March 79,2009 will not be refunded. PLEASE SENÐ COMPLETED REGISTRATION FORM TO: Association of Municipalities of Ontario 200 Uníversity Avenue, Suite 801, Toronto, ON., M5H 3C6 Fax: (416) 971-6197 *The official hotel forthe Symposium is the Crowne Plaza Hamilton, located at 50 King Street East, Hamilton, Ontario, L8N 182 Special room rates have been negotiated at the hotel and reservations can be made directly by calling reservations at 1.888.528.3451. AMO collects, u*s ând disloæsthe lnformatioh requested to promotethe interests ofthe mun¡c¡p.l sector lt my teneEte opeEüng revenues foaAMO, Underthe FedeÉl PeEonal lnformation Prctection and Ehctaonk Dæumen constitute pemnel ínformtion By fill¡n8 out this fom you agræ thãt ell peMnal ¡nfo.mtion prdided by you on byAMo for all purposes describ€d above. Pleeæ note as an attendee atthe confeÞnce Your likene$ my be uæd i forsub*quent events. Association ef Munieipatiries úf Onlar¡t Correspondence received from Association of Municipalities of Ontario regarding "2010 Urban Symposium". File: A01 Page 42 of 269 L," ..=, {-}{'lÉ. ri e f',,-las'+¡4; " ûrr*-q flfli1 ì,... tr--1 h-.Þ" iJ TÊ èà gû t. 5 $=-+.*{ lÊiat"t -$='E ?,o'å 5,* i ["r q t -: ì1 --¡ì ffi The Meetings series E Heads of Council Training Council Challenges in 20i0 The workshops and sessions in this guide are open to all municipal elected officials and staff. .EMO is also able to provide any of the workshops listed as in-house sessions developed and personalized for your municipality, and can be opened up to include Council Members, Municípal Staff, Gommittees, Boards and Ghairs. Contact Special Events at events@amo.on.ca or at (4r6) 9Zl-98s6 Registration Form Correspondence from Association of Municipalities of Ontario regarding "2010 AMO Training & Development Series". File: A01 Page 43 of 269 Z- Media & Communications Training .AIvIO brings to you a new Media and Communications program this Fall. This full-day course will cover content such as: - Communicate complex i¡formation in plain language - Craft and deliver messages that stick - Handle difficult conversations - Pursue media relations more effectively (good news or bad) - Hold practical, effective public consultations - Manage com¡nunications better as a team - Practical media relations objectives - \Mhat makes news and why - Understanding different tlpes of media and reporters - How best to manage issues and media inquiries (individually and organizationally) \Mhile this session is desigmed with municipalities in mind, the content is broadly applicable. .AIVIO members are welcome to encourage other public agencies, or to invite local businesses or business associations to participate. Group rates are available for municipalities that want to use these sessions as community development opportunities. Ãbout the Facilitator: These sessions are being designed and delivered by Brian Lambie, Principal of Redbrick Communications..Ãs ÄMO's primary media contact, Brian deals with media on a daily basis, taking calls from the most senior reporters at Queen's Park to the most ine:çerienced reporters at your local newspaper. He has trained hundreds of public and private sector officials in the past decade and is a popular conference speaker. His clients include municipalities, Ontario goverrunent ministries and private companies. Dates and lrocations: Location 20 l0 Thunder Bay: Travelodge Ä.irlane May 4 North Bay: Best trMestern North Bay May 6 Kingston: Radisson Kingston June I London: Four Points Sheraton .ð,pr 30 Toronto; -AMO offices Feb 24* Windsor: Caesar Windsor Ãug 19* * T?te Toronto session will be post the ROMÄ./OGRÄ Conference, and the Windsor session will be post the i{MO Ãrmual Conference. All sessions will be full-day sessions (9:00 am - 4:00 pm EST) with reg'istration at 8:30 am and lunch provided. $rvuaï,amo.on, ca Correspondence from Association of Municipalities of Ontario regarding "2010 AMO Training & Development Series". File: A01 Page 44 of 269 Council Challenges in 2010 Discover what lies ahead in 2010, and prepare yourself for the challenges. This session will explore topics such as: - rne unPacts oI rÐ11Þ accounlurg cnanges on rtuq€tels arnq reporting from a Councillor's perspective . The new Federal Gas Tan reporting requirements in 2010 Lame Duck Council ProvÍsions Succession Plandng Staff Roles and Responsibilities Signs of a Dysfunctional Council Municipal GonJlict of Interest Update Planning for the Next Term of Council ..and more. Ãbout the Facilitators: Fred Dean is a municipal solicitor who acts exclusively for municipalities and municipal associations in Ontario. He is also the chair of the Question Box panel at the ROlvl4,/Ontario Good Roads Conference each February. Fred is the former City Solicitor for Sudbr:ry. He now serues local government by giving advice to municipal officials across Ontario. Nigel Bellchamber is a private consultant who has provincial ministries, municipalities, special purpose bodies and municipal associations as his clientele. Nigel's municipal experience includes C.AO positions in both Huron and Middlesex Counties and his last municipal position was as Commissioner of Finance and.Administration, and City Treasurer for the City of London. He is a frequent presenter at municipal conJerences anrd workshops and currently sewes as the part time General Manager for the Onta¡io Municipd .Administrators r{ssociation. Dates and Locations: Location Dates Kingston: Radisson Kingston Jan 13 Peterbo¡ouqh: Best'\ÃIestern Otonabee Ian 15 North Bav: Best ïllestern Nofh Bav Tan 20 Orillia: Mariposa Inn lan22 Thunder Bav: Travelodoe .Ajrlane Ian 26 London: Four Points Sheraton Tan 29 ÄJl sessions will be full-day (8:30 am - 430 pm EST) sessions with registration at 8:00 am and lunch provided. IF; vwuaï,arno.on, ca Correspondence from Association of Municipalities of Ontario regarding "2010 AMO Training & Development Series". File: A01 Page 45 of 269 The Meetings Series "Countless" was how one councillor described the number of hou¡s spent in meetings! How might we irnprove this response? You need to understand the rules if you expect to be effective in achieving your goals on council in a timely way. Ttris workshop will provide practical advice specific to Heads of Council, members of council, Muaicipal Clerks and,4,dministrators on a variety of topics relating to council, committee and local board meeting procedures. Members of council expect the Clerk to be the expert on parliamentary procedure. But it is not appropriate to count on the Clerk to gruide every meeting. Members and the Head both must all be knowledgealrle and confident in the rules governing meetings. It will explore the elements of a successfirl meeting. It will provide you with the tools to find answers to your procedural questions. This is a hands-on workshop where you will participate and be asked to share your experience and expertise. IJVe will all benefit from this shared wisdom a¡rd the practical information presented. .Ebout the Facilitators: Fred Dean is a municipal solicitor who acts exclusively for municipalities and municipal associations in Ontario. He is also the chair of the Question Box panel at the ROIVIA,,/Ontario Good Roads Conference each February. Fred is the former City Solicitor for Sudbury. He now serves local government by giving advice to municipal officials across Ontario. Nigel Bellchamber is a private consultant who has provincial ministries, municipalities, special purpose bodies and municipal associations as his clientele. Nigel's municipal experience includes CAO positions in both Huron and Middlesex Counties and his last municipal position was as Commissioner of Finance and Ädministration, and City Treasurer for the City of London. He is a frequent presenter at municipal conferences and workshops and currently seryes as the part time General Manager for the Ontario Municipal Ädministrators Association. Dates and l¡ocations: Location 2010 Kinqston: Radisson Kinqston Tan 14 Peterborouqh: Best Western Otonabee Ian 16 North Bav: Best Western North Bav ïan 2l Orillia: Mariposa Inn Ian 23 Thunder Bav: Travelodcre ¡{irlane Ian27 London: Four Points Sheraton Tan 30 .All sessions will be full-day sessions (9:00 am to 4:30 pm EST) with registration at 8:30 am and lunch provided. $ru\rw.alllo.on.ca Correspondence from Association of Municipalities of Ontario regarding "2010 AMO Training & Development Series". File: A01 Page 46 of 269 Heads of Council Training Heads of Gouncil Training Explore what leadership requires on a daily basis and in a crisis. Join fellow Heads of Council for a one-day training session exploring: . Leadership styles. Leading from influence rather than authority. Situationalmanagement. Effective Public speaking techniques. Media relationship management. Intergovern¡nentalrelations. Networking Heads of Gouncil Fonrm The Heads of Cou¡cil Forum will be repeated with new, updated material. This Leadership Forum will provide for continuing dialogue amongst Heads of Cor:¡cil, and will include an update on current issues, including strategic financial topics. The Forum will also allow for discussion amongst peers regarding problems, which are specific to their ci-rcumstances as heads of council. Fred Dean and Nigel Bellchamber will facilitate these sessions. Dates and Locations: Location AII sessions will be full-day sessions (8:30 am to 4:30 pm ESÐ with reqistration at 8:30 am a¡rd h¡nch provided. Heads of Gouncil Training Heads of Council Forum Toronto* : .A-IVIO Offices Feb 20 Feb 2I London: For¡¡ Points Sheraton Nov 27 Windsor**: Caesa¡s Windsor .{ug 14 .{ug 15 Kingston: Radisson Kingston Nov 19 Peterborough: Best Western Otona.bee Nov 20 Thunder Bay: Travelodge r{irlane Nov 25 North Bay: Best Western North Bay Dec 3 Orillia: Mariposa Inrr Dec 4 * Toronto sessions are prior to the ROMA/OGR.A Conference ** Äugust sessions are prior the.AIVIO.Annual Conference #'q ¡ uryvït.altlo.on,ga Correspondence from Association of Municipalities of Ontario regarding "2010 AMO Training & Development Series". File: A01 Page 47 of 269 Please type or print clearly. Use one form per registrant. Payment MUST accompany registration. Please fax registration form to (416) 971'6191 First Name Last Name Title Municipalitv Ãddress C]ifit Province Postal Code Phone Fax E-mail aHO Registration Form Using the Cou¡se Calendar below please check off the coursest which you wish to attend: P.AYI\4EI\I'I: Registration forms CÄMOT be processed unless accompanied by proper payment. Total amount to be remitted: $ Payment Method: ECheque Payable to: Ãssociation of Municipalities of Ontario 200 University A.ve, Suite 801, Toronto, ON., MSH 3C6 EMasterCard E visa Card # Name on Card Expiry Date Signature Refund Policy: Cancellations must be made in writing and received by AMO 14 days prior to the date of the selected seminar. -A¡r administration fee of $ 50.00 + 5% GST ($52.50) will apply. Registration enquiries can be made to: .AJvlO Events at 200 University rkenue, Suite 80I, Toronto, Ontario MSH 3C6, via telephone (416) 97I-9856, fax (al6) 971-619I or e-mail events@amo.on.ca LOC,{TION Media & Communications Council Challenges in 2010 Meetings Series Heads of Council Training Heads of Cor¡¡cil Forum COST $367.s0 ts350 + 5% GSTì $367.50 ts350 + sol" GsT) $367.50 l$350 + 5% GSTì $472.50 /s45O + 5ôl. GSTì $31s.00 1s300 + 5% GST) Toronto D Feb24 ú Feb 2o D Feb 2l 'Windsor tr Aug 19 tr .A.ug 14 tr Ãug I5 Kingston tr June I tr Jan 13 tr Jan 14 Peterborough tr Jan 15 tr Jan 16 Thunder Bay tl May 4 ¡ Jan26 tr Jan27 tr Nov25 North Bay tr May6 tr Janào tr Jan 2l ¡ Dec3 Orillia tr Jan22 tr Jan23 ú Dec4 London tr .A,pr 30 tr Jan29 tr Jarr30 tr Nov27 nrunn,amo.on.ca Correspondence from Association of Municipalities of Ontario regarding "2010 AMO Training & Development Series". File: A01 Page 48 of 269 HeadsUP tdúvMs@,December 7,2009 OGRA Response to 2ü19 Ontario Auditor General's Report - Bridges December 07,2OO9 - Mississauga, ON - The Auditor General released ¡ts report today on the status of bridge inspection and maintenance both at the Provincial and Municipal level. lt was particularly interesting to note that many of the areas of concern and recommendations could be addressed through the use of the Ontario Good Roads Association's innovative asset management tool Municipal DataWorks (MDW). The Auditor General's report comes on the heels of a funding agreement reached between OGRA and the Province and backed by the Ontario Ministry of Transportation, to continue development and enhancement of MDW which will ultimately satisfy the concerns contained in this report. Currently, 289 Ontario municipalities have committed to sharing information on municipal bridge inspection and maintenance through MDW. That's over 65% of Ontario municipalities, and through the use of new tools that will be built, OGRA hopes to have bridge data on the majority of structures in the province in a central database and will share that information with the Province. This will lead to better allocation of scare funds to ensure that Ontario's bridges remain safe. "OGRA is pleased that the Ministry of Transportation recognized the value of the MDW. This applícation, which is free to Ontario municipalities, is allowing us to ident¡fy and respond to the needs of rural and northern Ontario communities where the need is often the greatest," stated OGRA President, Eric Rutherford. 'The recommendations contained in the Auditor General's endorse many of the objectives that OGRA has committed to realizing with MDW' said OGRA Executive Director, Joe Tiernay. '"The aggregate knowledge MDW provides all levels of government, will go a long way to positioning Ontario municipalities as leader in not only bridge inspection and maintenance, but also other critical infrastructure management. " Empowered with the ability to effectively manage cr¡tical infrastructure with MDW, OGRA's member municipalities will be able to continue ensuring the safe and proper upkeep of municipal bridges. The mandate of the Ontario Good Roads Association is to represent the infrastructure interests of municipalities through advocacy, consultation, training and the delivery of identified services. PREMIER SPONSOR:ONTARIO GOOD ROADS ASSOCIATION 6355 KENNEDY ROAD, UNITS2, MISSISSAUGA, ON L5T 215 TEL: 905-795-2555 FAX: 905-795-2660 EMAIL: info@ogra.org u Alert keeping membere informed" Correspondence dated December 7, 2009 from Ontario Good Roads Association regarding "OGRA Response to 2009 Ontario Page 49 of 269 Page 50 of 269 Ministry of Tourism Minister 9th Floor, Hearst Block 900 Bay Street Toronto, ON M7A 2E1 Tel: (416) 326-9326 Fax: (416) 326-9338 Min¡stère du Tourisme Ministre 9" étage, Édifice Hearst 900, rue Bay Toronto, ON M7A 2E1 Té1.: (416)326-9326 Téléc.: (416) 326-9338 Ontario 1094MC-2009-902 5 December 1, 2009 Ms. Lynda Millard Clerk Municipality of Bayham 9344 Plank Road PO Box 1 60 Straffordville, ON NOJ 1Y0 Dear Ms. Millard: ñ=* rÌ ¡-" rf* g, l* åb Þj F-.6 i DECr¿ //b il{ U í.j ! t Ë !r;1t I T'/ fi }î $,liyi.i,qtul Thank you for your letter of September 24 rcgarding your Council's views about the Tourism Competitiveness Study's final report, Discovering Ontario.I appreciate receiving your suppoft as well as your valuable input related to the proposed tourism regions. Please accept my apologies for the delay in my response to you. While ll'te Discovering Ontario report represents a 1O-year plan, and a number of the recommendations will require a longer-term strategy, I am committed to moving forward on several of the recommendat¡ons in the near future. This action will, of course, keep Ontario's current fiscal challenges in mind and we will certainly continue to work with our partners in the tourism sector on new developments. As you may be aware, the boundaries for the map presented in the repoft were a proposal only for the purposes of initiating discussion. The Ministry has been working extensively, since the release of the report, with tourism paftners to determine how the regions should be structured. Earlier this year, the Ministry held 17 consultation planning sessions with our tourism partners on the proposed regional structure. I am pleased that over 500 stakeholders from the sector attended these sessions to provide their feedback on the proposed regional structure and identify the potential roles of Destination Marketing and Management Organizations (DMMOS). ln March 2009, our government announced $40 million through the 2009 Ontario Budget to support tourism regions in Ontario once they are established. Recently, our government announced an additional $25 million in each of the next two years to further support the industry's transition to a regional tourism structure. We are continuing to review the recommendations and suggestions from the regional planning sessions, as well as written input from the regions, like yours, as we move forward. We believe that a coordinated marketing approach with our tourism partners will further enhance Ontario's competitiveness as a tourism destination. l2 Correspondence dated December 1, 2009 from Ministry of Tourism regarding "proposed tourism regions". File: A16 Page 51 of 269 Correspondence dated December 1, 2009 from Ministry of Tourism regarding "proposed tourism regions". File: A16 Page 52 of 269 t'\ l'i i '' LONG POINT REGION CONSERVATION AUTHORITY BOARD OF DIRECTORS MEETING MINUTES November 4,2009 (as approved at the Board of Directors meet¡ng held December 2,2009) Members in attendance: B. Sloat, R. Sackrider, P. Black, L. Chanda, J. Hunt, L. Bartlett, P. Ens, P. Lee and S. Lamb. Staff in attendance: C. Evanitski, J. Robertson, H. Surette, D. Holmes, C. Jacques and D. McLachlan. Regrets: R. Geysens The LPRCA Chair called the meeting to order at 7:00 pm Wednesday, November 4h, 2009 in the LPRCA Hay Creek office Boardroom. 2. ADDITIONAL AGENDA ITEMS MOTION A - 164 moved by R. Sackrider, seconded by J. Hunt and carried that the LPRCA Board of Directors' add a personnel matter to the in-camera session. 3. DISCLOSURES OF INTEREST None recorded. 4. MINUTES OF PREVIOUS MEET¡NGS MOTION A - 165 moved by R. Sackrider, seconded by J. Hunt and carried that the minutes of the LPRCA Boárd of Directors regular meeting held Octob et 7th,2009 be adopted as circulated. 5. BUSINESS ARISING FROM THE MINUTES a) LPRCA STRATEGY PLAN SUBCOMMITTEES Members were assigned to one of three subcommittees with the Chair participating on allthree. The GM, the Supervisor of Community Relations and the Department Head will serve as staff resources. Staff will set up the initial agenda and meeting for each of the subcommittees for early 2010. MOTION A - 166 moved by L. Ghanda, seconded by R. Sackrider and carried that the LPRCA Board of Directors approves the framework outlíned by staff for the L.PRCA Strategic Review as presented at the Regular Board meeting of November 4'n,2009; AND that the appointed subcommittees have their reports completed for input into the overall strategy by October l't, 201 0. b) ALTERNATTVE PROGRAM DELTVERY MODELS FOR BHCA EDUCATION FULL AUTHORITY COMMITTEE MEMBERS Leroy Bartlett, Peter Black, Larry Ghanda, Paul Ens, Roger Geysens, John Hunt, Sam Lamb, Pat Lee, Ron Sackrider, Harry Sloat -1- Long Point Region Conservation Authority Board of Directors minutes of meeting held November 4, 2009. File: A16 Page 53 of 269 PROGRAM The Board was informed that invited partners are unable to fund the BHCA education programs, but they will independently apply to the Sand Plains Community Development Fund and then bring a proposalforward to the LPRCA Board of Directors. The next meeting of this group is November 16, 2009. MOTION A- 167 moved by P. Lee, seconded by S. Lamb and carried that the LPRCA Board of Directors receives the Alternative Program Delivery Models BHCA Education Program report for information. 6. REVIEW OF COMMITTEE MINUTES MOTION A - 168 moved by P. Black, seconded by P. Lee and carried that the minutes from the Backus Advisory board meetings of Augúst 12th, 2OOg and October sth, 2009 be received for information. 7. CORRESPONDENCE MOTION A - 169 moved by P. Lee, seconded by P. Black and carried that the correspondence outlined iñ tne Board of Directors'Agenda of November 4h, 2009 be received for information. 8. DEVELOPMENT APPLICATIONS a) MID-MONTH CONFIRMATION MOTION A- 170 moved by P. Black, seconded by L. Chanda and carried that the Board of Directors of the LPRCA approves the following Development Applications: A. For Work under Section 28 Regulations, Development, lnterference with Wetlands & Alterations to Shorelines and Watercourses Regulations (R.R.O. 1990 Reg. 178/06), HC-14/09 HC-15/09 NC-84/09NC-83/09 NC-85/09 NC-86/09 B. Approve, WITH CONDITIONS, the following development application forwork under Section 28 Regulations, Development, Interference with Wetlands & Alterations to Shorelines and Watercourses Regulations (R.R.O. 1990 Reg. 178/06), TtL-4l09 C. That the designated officers of LPRCA be authorized to complete the approval process for these Development Applications, as far as it relates to LPRCA's mandate and related Regulations. FULL AUTHORITY COMMTMEE MEMBERS Leroy Bartlett, Peter Black, Larry Chanda, Paul Ens, Roger Geysens, John Hunt, Sam Lamb, Pat Lee, Ron Sackrider, Harry Sloat Long Point Region Conservation Authority Board of Directors minutes of meeting held November 4, 2009. File: A16 Page 54 of 269 b) NEW APPLICATTONS The Planning Department requested approval of a total of six applications, two with conditions under section 28 regulations. H. Surette fielded questions from the Board. MOTION A-171moved by P. Lee, seconded by S. Lamb and carried that the Board of Directors of the LPRCA approves the following Development Applications: A. For Work under Section 28 Regulations, Development, lnterference with Wetlands & Alterations to Shorelines and Watercourses Regulations (R.R.O. 1990 Reg. 178106), NC-87/09 NC-88/09 NC-89/09 NC-90/09 B. Approve, WITH CONDITIONS, the following development application forwork under Section 28 Regulations, Development, lnterference with Wetlands & Alterations to Shorelines and Watercourses Regulations (R:R.O. 1990 Reg. 178/06), NH-2/09 HC-16/09 C. That the designated officers of LPRCA be authorized to complete the approval process for these Development Applications, as far as it relates to LPRCA's mandate and related Regulations. 9. NEW BUSINESS a) CALENDAR REVIEW J. Robertson updated the Board on a couple of events in October conducted by D. Holmes and the Forestry crew. She also mentioned that the pod planting tour by P. Gagnon with the NWOA is now confirmed and that he will be speaking at a workshop re:ÓPG Forest Corridor Program on Nove rber 14th. The Members were reminded that the Festival of Trees evðnt is December Sth and that tickets are currently circulating. Due to the Festival of Trees event, the annual Christmas dinner has been moved bãck a week to December 11h. MOTION A-172 moved by P. Lee, seconded by L. Chanda and carried that the LPRCA Board of Directors receives the November Calendar Review Report for information. b) GENERAL MANAGER'S REPORT C. Evanitski noted that land acquisition dominated his schedule over the last few weeks. Discussion arose over Conservation Ontario fees and funding for Source Water FULL AUTHORITY COMMITTEE MEMBERS Leroy Bartlett, Peter Black, Larry Chanda, Paul Ens, Roger Geysens, John Hunt, Sam Lamb, Pat Lee, Ron Sackrider, Harry Sloat -3- Long Point Region Conservation Authority Board of Directors minutes of meeting held November 4, 2009. File: A16 Page 55 of 269 Protection implementation. MOTION A-173 moved by P. Lee, seconded by L. Chanda and carried that the LPRCA Board of Directors receives the General Manager's Report for October 2009 for information. c) BACKUS ADVISORY BOARD TERMS OF REFERENCE The new Terms of Reference is effective January 1", 2010. Along with the changes noted in the report, items considered to be operational issues were removed. MOTION A- 174 moved by S. Lamb, seconded by J. Hunt and carried that the LPRCA Board of Directors approves the revised Terms of Reference for the Backus Advisory Board as presented November 4tn, 2009; AND further that they take effect January I't, 2010. d) GYPSY MOTH ASSESSMENT REPORT At this time, this report is for information only. This report is to be forwarded to the Backus Woods Advisory Committee. MOTION A - 175 moved by S. Lamb, seconded by J. Hunt and carried that the LPRCA Board of Dírectors receives the Backus Woods Tree Mortality repoft for information. MOTION A - 176 moved by L. Bartlett, seconded by J. Hunt and carried that the LPRCA Board of Directors direct staff to prepare a report on dealing with liability/snag/dead trees including current hazards, harvest method options and current market value of material; And that a copy of the Gypsy Moth Assessment report be forwarded to the BWAC. e) WATERSHED CONDITIONS UPDATE H. Surette reported that October was cooler than normal and precipitation was average. The long-term weather outlook for the next three months is normal temperatures and normal amounts of precipitation. MOTION A-177 moved by J. Hunt, seconded by L. Chanda and carried that the LPRCA Board of Directors receives the Watershed Conditions Update by staff as presented at the November 4th, 2009 Board of Directors' meeting for information. f) LPRCA BOARD OF DTRECTORS',WTNTER SCHEDULE MOTION A-178 moved by R. Sackrider, seconded by L. Bartlett and carried that the LPRCA Board of Directors approve a Winter schedule for regular meetings commencing at 6:30 pm starting December 2009 through to and including April 2010. g) 3'd QUARTER FtNANctAL REPoRT FULL AUTHORITY COMMITTEE MEMBERS Leroy Bartlett, Peter Black, Larry Chanda, Paul Ens, Roger Geysens, John Hunt, Sam Lamb, Pat Lee, Ron Sackrider, Harry Sloat -4- Long Point Region Conservation Authority Board of Directors minutes of meeting held November 4, 2009. File: A16 Page 56 of 269 Staff reported that the 3'd quarter is looking on target. lt is expected that forestry revenues will offset any Planning revenue shortfall. Some capital projects have been held over which will reduce the drawdown on reserves for this year. MOTION A - 179 moved by J. Hunt, seconded by P. Black and carried that the LRPCA Board of Directors receives the 3'd Quarter Financial report for information. h) 2010 LPRCA FTNAL BUDGET APPROVAL VOTE MOTION A- 180 moved by L. Bartlett, seconded by J. Hunt and carried by recorded vote that the LPRCA Board of Directors approves the following recommendations regarding LPRCA's 2010 Operating and Capital budgets; 1. That the 2010 proposed User Fees for Planning and Regulatory Services as set out in Appendix D in the Draft Budget be approved; 2. That a drawdown from the Unrestricted Reserve in the net amount of $258,631 be approved; 3. That the 2010 Operating Budget in the total amount $3,160,713 and requíring a Municipal Levy- Operating of $907,922 be approved; and 4. That the 2010 Capital Budget in the total amount of $297,358 and requiring a Municipal Levy- Capital of $135,358 be approved. Long Point Region Conservation Authority 2010 BudgeVMunicipal Levy - Recorded Vote November 4,2009 LPRCA Member Municipality Weighted Vote (T"l Yes No Present Bartlett, Leroy Haldimand Gounty 7.88 Y Black, Peter Norfolk County 12.5 Y Chanda, Larry Norfolk County 12.5 Y Ens, Paul Bayham 4.34 Y Ens, Paul Malahide 0.72 Y Geysens, Roger Norfolk County 12.5 N Hunt, John Norfolk County 12.5 Y Lamb, Sam Oxford County 7.65 Y Lee, Pat Brant County 6.21 Y Lee, Pat Oxford County 7.65 Y Sackrider, Ron Oxford Gounty 7.65 Y Sloat, Buck Haldimand County 7.88 Y FULL AUTHORITY COMMITTEE MEMBERS Leroy Bartlett, Peter Black, Larry Chanda, Paul Ens, Roger Geysens, John Hunt, Sam Lamb, Pat Lee, Ron Sackrider, Harry Sloat -5- Long Point Region Conservation Authority Board of Directors minutes of meeting held November 4, 2009. File: A16 Page 57 of 269 MOTION A - 181 moved by J. Hunt, seconded by S. Lamb and carried that the LPRCA Board of Directors does now enter into an "ln Camera" session to discuss: ! personal matters about an identifiable individual, including Conservation Authority employees;! a proposed or pending acquisition or disposition of land by the Conservation Authority. MOTION A - 184 moved by L. Chanda, seconded by R. Sackrider and carried that the LPRCA Board of Directors does now adjourn from the "ln Camera" session. The Chairman adjourned the meeting at 8:51 pm. The next meeting is scheduled for Wednesday, December 2nd, 2OOg at 6:30 pm. Buck Sloat Chairman Dana Mclachlan Administrative Assistant FULL AUTHORITY COMMITTEE MEMBERS Leroy Bartlett, Peter Black, Larry Ghanda, Paul Ens, Roger Geysens, John Hunt, Sam Lamb, Pat Lee, Ron Sackrider, Harry Sloat -6- Long Point Region Conservation Authority Board of Directors minutes of meeting held November 4, 2009. File: A16 Page 58 of 269 cub BAYHAM IIISTORICAL SOCIEY MUMCIPALITY OF BAYHAM p.o. Box 160, STRAFFORDVTLLE, ON. NOJ 1Y0 NOVEMBER 12,2009. PRESENT: Ray Maddox, Sandy Sage, Cheryl Peters. Tom & Dorothy Godby, Lynn Acre, Bob Graham, Marrion Maddox, Etoile Mc Cann, Mary Newland, Robert & Jeanette Heil, Gerry Cassidy, Barb & Corþ Ouellette, Bill & Donna Baldwin, Shirley Brackenbury, Alex Collins, LizBlall and Robin Barker-James. President Ray Maddox called the meeting to order at 7:30 PM, welcoming members and quests. A motion to accept the minutes ( *ith corrections) of October 8, 2009 was made by Corþ Ouellette,2no. By Sandy Sage. Motion carried. OIIEST SPEAKER : Cheryl Peters introduced our speaker Robin Barker James who spoke on the Royal Canadian Navy. The Royal Navy ( British) and the Royal Canadian Navy worked hand in hand and many Canadians sen¡ed in the Royal Navy. In WW I the Canadian navy Corvette vessel protected our submarines. A Royal Navy tradition-British navy was the largest Navy in the world beginning in W-W I and even though they lost more ships they won the Battle of Jutland. Horashio Nelson lost an arrn, an eye and had his scalp peeled back but he kept on fighting. The Nelson Touch was a saying used by the navy men meant give it all, blast all and don't give up. If told not to fight they fought anyway. Nelson had his leg shot off, tied a rope around the stump and fought on till he bled to death. There is a famous story told of Nelson being signalled to stop fighting. He put the glass to his shot out eye and said "I don't see any signals) and fought on winning when Copenhagen suffendered. The Canadian Navy men followed these ethics. The Corvette was based on a whaler from the Arctic and the antarctic with a harpoon gun mounted on the front, they weighed 40600 tons had from 9 to 140 crew and only went 14 to 16 knots but were very tough. The saying went that the Corvette would roll over in wet grcss just turn the sprinkler on and over it would go. There are only two left, the HMCS Sackville and the other is owned by the Onassis Family who turned it ibto a yaught. In 1940 to 1947 there lryas a shortage of cannon so the cre'ws cut telephone poles in Bayham Historical Society minutes of meeting held November 12, 2009. File: C06 Page 59 of 269 half and painted them grey, another little Nelson touch. Winston Churchill & Delenor Roosevelt saved the USA from the Depression then fought the war. Roosvelt used his own fortune to help children with polio building pools for for them to swim in. When Churchill saw people lined up to to receive bird seed after their town was bombed the night before he wept. The ships were always rolling on the rough water and some sailors were sea sick every day and would catry a bucket to stop drop and wretch into, then continue on with the war. There \Mere lots of recruits from the prairies who were attracted to the sea but most of them did not swim. The Royal Navy called the Royal Canadian Navy the Kindergarten as they had little training. In 1943-44 the allies used a new method, they hunted in killer groups and drove subs uner the water. More aircraft were used When the Athabasca was shot down German sailors held Canadian sailors under hot showers tto keep them alive. The Haida became the most famous ship in WW I and is now a Museum in Hamilton on the lake. 45 U-boats were captured and surrendered to the Royal Canadian NaW. The HMS Shawinigan sunk and all but two died one of the lost men was the father of Betfy Lou Wallington, his brother survived as he had been put on shore at the last stop. The HMS Oakvilles sound detector found a sub running and a battle blazed between the two. The sailors found a wooden crate while looking for more afirmo and it held coca cola bottles so they threw them at the enemy as they had no other weapons. The Oakville rammed the u-bo at md as Lt. Lawrence stepped up on deck wearing only his skivies the waist band broke and they fell around his ankles, one of the german's thought they were going to be raped and jumped overboard. Lt. Lawrence got into the life boat naked and with no shoes, the only injury he sustained \ilas a cut on his foot from a broken coke bottle. Robert Heil thanked Mr. Barker James for his most sightfull and entertaing history of the Royal Canadian Navy. PRESIDENT'S REPORT AND MUSETTMS BAYHAM REPORT: RAY Ray spoke to a vendor at who said he can make the siding for the Corinth Section House Shed. Ray said there are two Historical Societys in Bayham and we should be working together. Ray also reported that we will be having an election of executive officers in the nev/ year and the offrce of President will be open as he has been president for three Bayham Historical Society minutes of meeting held November 12, 2009. File: C06 Page 60 of 269 years the time allowed for in our mandate for each President. He asked if anyone would like to step forward to fill this position. An Executive meeting will be held at Donna Baldwin's home on thursday November 19 th. To discuss the nominations. Robert Heil gave us the DVD that goes with the Book he wrote on the Vienna Masons. SECRETARY'S REPORT: Cheryl Peters reported that she has more forms for the Bayh am Citizen of the Year and members can fill them out and return them to the Municipal Office. Cheryl also reported that the Edison Museum's Murder Mystery is on November 2ls-. and there are still tickets available. The Architects will attend and have enlargements of the new museum concept for all to see. CORRESPONDENCE: We received a letter from the Ontario Historical Society asking us to renew our membership. Mary Newland made a motion to pay thr $50.00 membership fee, Jeannette Heil seconded the motion. All in favour. Robert Heil will make out a check and mail it. TEA REPORT: Barb Ouellette reported that our Historical Tea was very successful, we cleared $1359.13, the silent auction brought in $ 852.00 of that. It was held at the Community of Christ Church on the corner of Eden Line and Cullodin Road. The ladies who set up the Tea and cleaned up afterward were pleased not to have stairs to climb and we received comments on the easy accessibility from ladies who attended. We have almost enough tea cups for the Tea in 2010 Donna has 5 more and Dorothy has 20 more. Barb thanked everyone who helped and donated to the silent auction and those who supplied sweets. TREASURERS REPORT: Robert Heil reported as follows. Checking ----------$ 3882.17 LotteryAccount---------------$ 128.84 Petty Cash----- ------$ 1.09 Motion to accept the treasurers report was made by Robert Heil, 2"o.By Corky Ouellette . Motion carried. PROGRAM DIRECTOR: All members are invited to bring a story or item of Bayham Historical Society minutes of meeting held November 12, 2009. File: C06 Page 61 of 269 interest for show and tell perhaps from their past to share with everyone at our December meeting. ADVERTISING DIRECTOR: Donna Baldwin reported that both the Aylmer and Tillsonburg papers carried our article. SOCIAL DIRECTOR: All members to bring a food item for our Christmas Meeting. MYSTERY OBJECT: Not available. NEXT MEETING: The next meeting will be on December 10,2009 at 7:30 PM. atthe Municipality of Bayham Office. CLOSE MEETING: A motion to close the meeting was made by Donna Baldwin 2"o.By Bob Graham. Motion carried. Bayham Historical Society minutes of meeting held November 12, 2009. File: C06 Page 62 of 269 The ELGIN Buítding Communities - BUS INESS RESOURCE CENTRE One ldea at a Tìme Fno¡¡ rur Drsx oF THE GrNrnnl M¡uncrn... fûe'/enr ín fuuieu¡ 2009 has been both an exciting and rewarding year for mysetf and the staff at the Etgin Business Resource Centre (EBRC). Despite the economic crises that have unsettted Etgin County this past year, I am pteased to announce EBRC's invotvement with severaI successfuI initiatives. The first devetopment was the rebranding of the Elgin Community Futures Devetopment Corporation to the Etgin Business Resource Centre. This rebranding clarified our role as a resource for business devetopment for at[ of Etgin County. This year wetcomed the Sand Ptains Community Devetopment Fund (SPCDF); a federa[ stimutus program that encourages rurat transition from a tobacco growing market into a non-tobacco based economy. This fund has attracted substantial interest across Etgin, Brant, Oxford, Middtesex and Norfotk Counties. For the first time, Etgin Business Resource Centre was presented with a 3-year contract from the program 9n lû¡s 9ssûte,,, Summer Company. Funded by the Ministry of Economic Devetopment and Trade (MEDT), this is a wetcomed opportunity for enterprising students to create and manage their own summer businesses. EBRC was awarded 8 seats for this program and we exceeded our expectations and saw great success by providing support to 12 students. EBRC is also an active partner in the Southwestern Ontario Community Adjustment Fund (SWCAF). This subsidy was created to enhance economic devetopment and support business projects. Funds are avaitabte in the form of [oans and non-repayabte contributions to businesses and non-profits. To date, ERBC has approved over S125,000 toward this community partnership. ln addition to these programs, EBRC saw an unparatteted increase in loan activity of 157% from 2008. lt is a testament to how successfu[ and necessary our contributions are to this area. I am detighted with the perseverance of the ctients and the staff that has resutted in over ó5 new businesses in Etgin County this year. Thanks to everyone for their continued support. I look forward to the chaltenges and achievements that the forthcoming year witt bring. Warmest Hotiday Wishes!www.etgincfdc.ca ' John Regan GeneraI Manager The'Yêar in Review Pg 1-: ' -;; '- Sand Plains 6ÐF, , PgZ Stories oi Success ' ' Pg 3 Meet the Staff Pg 4 EBRC ln The News Pg4 Elgin Business Resource Centre 300 South Edgeware Rd St Thomas, ON N5P 411 (5191 633-7se7 admin@elgincfdc.ca ( la rr;r(l';i The Elgin Advantage newsletter from Elgin Business Resource Centre regarding "Building Communities - One Idea at a Time". Page 63 of 269 SAì{D PLATNS CommuniQt l)eueloþment þund =,..5nd plains community Development Fund (sPcDF) is an app ral communitiesinthetobacco-growingregionoftheSandPlains Middtesex, Norfotk and Oxford) to tiansìtion to a non-tobacco rgeted to community-based initiatives which pment and investment, and stimutate busine creatir, te componentrt Cãttunity Devetopmen Capitat' , ;;,:.Community Development Support (CDs) Component T ent provides non-repayabte contributions to not-for-profil p and sustainable community and regional devetopment ocapacitytogenerateandzupportdiverseeconomicd to achieve a sustainabie, prosperous and diverse economy driven by innovation. Etigibre recipients under the cDS component inctude: community organizations, not-for-profit organizations,co-operatives,sociat'"*it"institutionsandmunicipatities' . Access to CaPital (AC) ComPonent The goat of this component is to foster entrepr increasing the avaitabitity of patient capitat for smatt busineis iitit-'p' und ors' Patient capital provides flexibte repayment terms negotiated to encour L-,^.^. -^^.,^nrin. ot the borrower' amortized over5tol0yearsataninterestratereturnatorbelowconventionallendingrates. Etigibte "ppri."nis under the A¿ .oÃpon"nt inc.tude: communjty organizations, not-for-profit organizations, co-operatives, ,o.iut service institutions, business orlanizations' municipatities' and private enterPrise. Fordetails,ca[[GlennattheEtginBusinessResourceCentre5lg633-7597ext33 or visit our website at: Netwofting Wednesdays www.etgincfdc.ca Networking Wednesday meetings are hetd at 300 S Edgeware Rd the tast Wednesday of the month. Þtease note, there witt be no meeting inDecember.Registrationisrequiredforeach meeting which his an informative speaker and refreshments. Here is a tist of uPcoming events: Jinuary 27, z'tb - preparing your Business Tax February 24,2010 - How does my business affect mY Personal taxes? The Elgin Advantage newsletter from Elgin Business Resource Centre regarding "Building Communities - One Idea at a Time". Page 64 of 269 Stories of Success... '.f tewß nnlson "lf you want your business to succeed, the Etgin Business Resource Centre is the Place to start!" says Spencer Lewis, owner of S. Lewis and Son Masonry. Spencer Lewis has masonry in his btood. Both his father and grandfather were stone masons. |n2007 , Spencer and his famity immigrated to Copenhagen, Ontario from Engtand. Spencer knew that there was high demand for Ontãrio. fter tiring of the long commute to Oakvitte to work for Uni-Tri Masonry Spencer decided to open his own business. He saw operating his own business as a way to bring ñappiness to his work and home [ife. John Wiebe of Emptoyment Services Etgin recommended the Etgin ausiness Resource Centre and Spencer enrolted in the Setf-Emptoyment program. Through thã support of Gtenn, his business counsetto6 Spencer learned the importance äf accurate job þricing and learning f rom past emptoyment to hetp his business succeed. Spencer knows that Gtenn ls stitt there to support him if he has any questions about his business as it grows. ,,1 do the job as if it was foi myself," spencer says. Quality workmanship, honesty and retiabitity are keys to customer satisfaction and the resutting referrats for S. Lewis and Son Masonry. The business specializes in chimney reconstruction, fireptaces, unique stone work and backyard accents tike watts and archei. Spencer and his emptoyees also comptete bricktaying and stone work for new buitding construction. His wife, Kim, futty supports Spencer and provides the necessary office skitts to keep the business running smoothly. At EBRC, Spencer learned to grow his business through referrats and marketing. When he sees a home in need of brick repair, he tatks to the home owner and leaves a flyer. He networks with retated businesses tike chimney sweeps, heating companies and landscapers. Spencer is supported by a mentor, Frank DeRose, the owner of Uni-Tri Masonry in Etobicoke, ontario where spencer worked after immigrating to canada. Spencer's teenage son is interested in fottowing in his father's footsteps and witt apprentice whãn he is finished school. For now, Spencer is content with how his nrit year has gone, "l've done it! lam an immigrant and lwasn't known and lam succeeding. lf you want to own your own business, tatk to EBRC." The Elgin Advantage newsletter from Elgin Business Resource Centre regarding "Building Communities - One Idea at a Time". Page 65 of 269 Meef fûeEßRCSfoff Glenn Thorel came to Etgin Business Resource Centre with more than 20 years of experience in finance and 10 years of running his own smatl business. At EBRC, Gtenn is a Business Counsettor encouraging entrepreneurs and business owners in their start ups and growth. Contact Gtenn to discuss your business needs inctuding loans and Sand Ptains Community Devetopment Fund opportunities. Catt for an appointment today at 519-633-7597 ext 33. Roasted Potato Wedges r.\ I rt ¿ , \:> ó medium potatoes, unpeeted : t, t',. but scrubbed and cut in wedges (it, ( ,';" , .r 1 medium onion, cut in wedgãs - L'\ I t I r ì" 1 Tbsp otive oiI 1 Tbsp batsamic or red wine vinegar 1 clove garlic, minced OR1/2 tsp gartic powder 1 Tbsp herbs (any mixture, your favourites) % tsp satt 1/+ tsp pepper Preheat oven to 475"F. Toss potatoes with remaining ingredients in a large bowl to coat wett. Spray cooking sheet or roasting pan with cooking spray. Spread potatoes in a singte layer on pan. Bake for 15 min. Turn wedges over and bake another 15 to 20 minutes or untiI brown on the outside and tender inside. Makes 6 servings. Doreen Wilson F r o m F t av o u, r "f li li,',:r1^:'rïlt ¿:#í!"'"i Cookbook ovoilable at Elgin Eusiness Resource Centre EßRC 9n fúe îlews' The Labour Force Devetopment Summit was hetd at the St. Thomas Knights of Cotumbus hatt with the guest speaker, Serge Lavoie pictured above with Anne Kenny and Eric Lockhart (r). With insightfut input from close to 75 attendees, the current workforce needs were discussed and creative ideas brought forward. Combined with the ontine survey results and meetings with key stakehotders, the Summit witt generate a Labour Force Development Strategy for Etgin County. MP Joe Preston announced funding for business, skitts devetopment, community capacity buitding and the retention and attraction of youth through the South West Community Adjustment Fund. 5450,000 witt be delivered through EBRC. "lt is important that we continue to provide funding to these types of The Elgin Advantage newsletter from Elgin Business Resource Centre regarding "Building Communities - One Idea at a Time". Page 66 of 269 Subject: Draft Catfish Creek and Kettle Creek Assessment Reports now posted for Public Consultation To: Municipal Clerks in Kettle Creek and Catfish Creek watersheds. The Lake Erie Region Source Protection Committee approved the Draft Catfìsh Creek Source Protection Area Assessment Report and Draft Kettle Creek Source Protection Area Assessment Report for public consultation at their December 3,2009 meeting. Municipalities, the public and other stakeholders can review the Draft Reports and submit comments until Januar.v 25.2010. Note that a copy of this email has been sent to water services and p!q!gg-g!gs contacts in municipalities affected by these Draft Assessment Reports. If you do not have any comments or concerns on the Draft Assessment Reports, no response to this email or the nostins is required. The re,ports can be found at: . www.sourcewater.cao In administration offtces of o Catfish Creek Conservation Authority,8}7g Springwater Road, Aylmer o Kettle Creek Conservation Authority, 4015 Ferguson Line, St. Thomas o County of Oxford, 2l Reeve Street, Woodstock (Catfish Creek report only) . Township of South-rWest Oxford, 312915 Dereham Line, Mount Elgin (Catfish Creek report only) o Town of Aylmer, 46 Talbot Street'West, Aylmer o Township of Malahide, 87 John Street South, Aylmer o Municipality of Central Elgin, 450 Sunset Drive, St. Thomas o Elgin Area Water Treatment Plant, 43665 Dexter Line, Port Stanley (Kettle Creek report only) Comments can be sent to Lonie Minshall, Source Protection Program Director by: o Emailcomments@sourcewater.ca,¡ Fax 519-6214945¡ Mail Lonie Minshall, Source Protection Program Director Lake Erie Source Protection Region c/o Grand River Conservation Authority 400 Clyde Road, Carnbridge ONNIR 5W6 Public Meetings to discuss the Draft Assessment Reports will be held on: ¡ Catfish CreekAssessment Report - Tuesday, January 12,2010,7 pmto 9 pm, United Church F{all, 292258 Culloden Road, Brownsville o Kettle Creek Assessment Report - Wednesday, January 13,2010,7 pm to 9 pm, Port Stanley Arena, 332 Ca¡low Roa{ Port Stanley If you have any questions, please feel free to contact Lorrie Minshall (lminshall@erandriver.ca" 519-620-7575), or I. Best Regards, Simon Glauser Source Protection Program Coordinator Grand River Conservation Authority 400 Clyde Road CambridgeNlR 5W6 519-621-2763 ext.2303 Correspondence from Grand River Conservation Authority regarding"Draft Catfish Creek and Kettle Creek Assessment Page 67 of 269 DNINKING WI SıûRöÈ'þ IAKE IRIE JouRcr PROTECT]ON RECION Have your say about protecting drinking water Public consultation on the Draft Assessment Report for the Kettle Creek Watershed You are invited to read and comment on the Draft Assessment Report for the Kettle Creek Source Protection Area. The publication of the Draft Assessment Report is an important step in developing a drinking water source protection plan for the Kettle Creek watershed. That includes the municipal water system in Belmont (operated by the Municipality of Central Elgin) and the intake at Port Stanley (operated by the Elgin Area Primary Water Supply System). The report was prepared under the Ontario Clean WaterAct for the Lake Erie Region Source Protection Committee. The Draft Assessment Reoort: r describes the Kettle Creek watershed: r identifies vulnerable areas where drinking water sources might face a risk of contamination, and r assesses possible threats to drinking water in vulnerable areas. See the reoort The Assessment Report is available here:I on the intemet atwww.sourcewater.car Kettle Creek Conservation AuthoriÇ, 4015 Ferguson Line, St. Thomas r Municipality of Central Elgin, 450 Sunset Drive, St. Thomas I Town of Aylmer, 46 Talbot Street West, Aylmer r Township of Malahide, 87 John Street South, Aylmerr Elgin Area WaterTreatment Plant, 43665 Dexter Line, Port Stanley Attend a public meeting A public meeting will be held to provide you with an opportuni$ to leam more about the report and provide comments. Wednesday, January 13,2010 - 7 p.m. to 9 p.m. Port Stanley Arena, 332 Carlow Road, Port Stanley Submit a comment in writing You can submit a comment in writing:r E-mail: comments@sourcewater.caI Fax: 519-621-4945r Mail: Lonie Minshall, Source Protection Program Director Lake Erie Source Protection Region clo Grand River Conseruation Authority 400 Clyde Road, Cambridge ON NlR 5W6 Deadline for comments is Jan. 25,2010 Kettle Greek Conservation Authority 44015 Ferguson Line, St. Thomas www. kettl e c re e kco n se ruat i o n. o n. c a Municipality of Gentral Elgin 450 Sunset Drive, St. Thomas www.centralelgin.org Find out more at www.sourcewater.ca Correspondence from Grand River Conservation Authority regarding"Draft Catfish Creek and Kettle Creek Assessment Page 68 of 269 DnINKING WAre SıûriöÈ'Þ LAKE ERIE 5ounce PROTECFION REúION Have your say about protecting drinking water Public consultation on the Draft Assessment Report for the Gatfish Greek Watershed You are invited to read and comment on the Draft Assessment Report for the Catfish Creek Source Protection Area. The publication of the Draft Assessment Report is an important step in developing a drinking water source protection plan for the Catfish Creek watershed. That includes the community of Brownsville, where the County of Oxford owns and operates a municipal water system. The report was prepared under the Ontario Clean WaterAct for the Lake Erie Region Source Protection Commiftee. The Draft Assessment Report: I describes the Catfish Creek watershed r identifies vulnerable areas where drinking water sources might face a risk of contramination, and r assesses possible threats to drinking water in vulnerable areas. See the reoort TheAssessment Report can be seen:I on the intemet atwww.sourcewater.ca r Catfish Creek Conservation Authority, 8079 Springwater Road, Aylmer r County of Oxford, 2l Reeve Street, Woodstock r Township of South-West Oxford, 312915 Dereham Line, Mount Elgin I Town of Aylme¡ 46 Talbot Street West, Aylmer r Township of Malahide, 87 John Street South, Aylmerr Municipality of Central Elgin, 450 Sunset Drive, St. Thomas Attend a public meeting A public meeting will be held to give you an opportunity to leam more about the report and provide comments: Tuesday, Jan12,2010 7 p.m.to 9 p.m. Brownsville United Ghurch Hall,292258 Culloden Line Submit a comment in writino You can submit a comment in writing by:r E-mail: comments@sourcewater.caI Fax: 519-6214945 r Mail: Lorrie Minshall, Source Protection Prqram Director Lake Erie Source Protection Region c/o Grand River Conseruation Authority 400 Clyde Road, Cambridge ON NlR 5W6 Deadline for comments is Jan. 25,2010 Gounty of Oxford 21 Reeve Street, Woodstock www. co u nty. ortord. on. ca Gatfish Greek Conservation Authority 8079 Springwater Road, Aylmer www.catfishcreek.ca Find out more at www.sourcewater.ca Correspondence from Grand River Conservation Authority regarding"Draft Catfish Creek and Kettle Creek Assessment Page 69 of 269 Page 70 of 269 LA]YD (ISE CO(I]VCru "advocatíng socìal, economíc ønd envìronmental balance ín government legislatíon aflectíng land" OPEN LETTER TO MNR MINISTER CANSFIELI) The Honorable Donna Cansfield, Minister Ministry of Natural Resources Room 6630, rWhitney Block 99 Wellesley Street,'West Toronto, Ontario, M7A 1W3 December 1,2009 Minister:Re. Conservation Authorities In its August 18/09 registered letter directed to your attention the Land use Council (LUC) listed a number of concerns relating to Ontario's Species at Risk Act (ESA 2007). Acknowledgement of that communication was specifically requested but our records indicate a response has not, in the intervening three months, ever been received. Leaving aside what unanswered correspondence says about good manners and common courtesy, we focus today on growing public unease with excessive power and inflated costs of district Conservation Authorities. Each of those two core issues is highlighted in the following summations. 1. Contrary to a soothing press release recently issued by the Ottonabee Regional Conservation Authority (ORCA), the related issues of natural justice and no clemørcy for a 90 year old World War II veteran, in the matter of Mr. CliffTripp's private land have not been resolved. Instead, an environmental study has confirmd, ð expected, his property does not pose a threat to an adjacent wetland. No matter! ORCA has extracted a $300.00 fine from Mr. Tripp while his property continues to be embargoed against development of anykind, thanks to steadfast ORCA refusal to allow issuance of municipal building permits thereon. With respect, Madam Minister, we strongly urge your personal review and intervention in this shameful display of CA inflexibility and bureaucratic insensitivity. 2. Behind the façade of universal support for CA municipal levies and assorted charges lurks the smoldering resentrnent of many municipal officials which is fueled by staggering increases in those costs as unilaterally imposed by several CA's. In the eyes of an over-taxed, over-regulated public such assessments seem less associated with watershed protection than with CA efforts to protect their own land planning empire exclusive of trained municipal staffalready assigned to that responsibility. Apart from duplication and bloated costs of multi-level planning, the impact of CA spiraling fees compounded by escalating CA municipal service charges on house prices is perhaps nowhere better illustrated than in published comments of Essa Township Mayor David Guergis. Responding to Editor Tony Velti's article in the November 18 edition of the New Tecumseh Free Press Online, his observations will find, in our view, a concemed and sympathetic audience among other municipalities in Onta¡io. Meanwhile, they are enclosed below for your interest and information as a Page 3 "Addendum" to this letter Correspondence dated December 1, 2009 from Land Use Council to Minister of Natural Resources regarding "Conservation Page 71 of 269 Page2 However commendable its intent and objectives, it would appear the Conservation Act is currently being demeaned by indefensible cost increases made worse, in some instances, by questionable tactics of at least several district Authorities. Since the incumbent provincial government, including your Ministry and its related sub-agencies, nevsr tire of promising accountability and transparency, we urge your full and public endorsement of a transparently independent investigation into local tensions, ballooning costs and failed public relations now athibuted to some CA's in Ontario. When defending against allegations of poor public relations and fiscal volatiity, most bureaucratic tribunals prefer to conduct internal reviews while strongly resisting public ones. However, given present realities, anything less than a completely independent, non-partisan examination of the performance, cost and behavior of some dishict CA's would, we submit, likely yield a report lacking in objectivity and credibility and hence offering no real prospect of long term improvement. We ask and will appreciate a response to this as well as to previous LUC correspondence at your earliest convenience. Yours truly Bruce Pearse, Chair Land Use Council 16190Highways7 &12 Sunderland, Ontario, LOC 1H0 Phone: 705-357-3054 Fax: 705-357-3963 c.c. Premier McGuinty Municipal Councils Tim Hudack, MPP Cabinet Ministers Barry Devolin, MP Media Contacts The lond Use Councll ls o oublÍc serylce consodiurn sponso¡ed bv fhe comblned mernbershlos of: FoodChaln I Holion Reglon FederolÍonolAgrlcullure I OnlaûolondownersAssocloffon Onto¡lo Propgrty ond Envlronmenlol Righls Alllonce I Peel Disfifcf Federollon oi Agrlcvilure E-MøiL. landusecouncil@gmail.com Wú Ptge: www.landusecouncil@email.com Correspondence dated December 1, 2009 from Land Use Council to Minister of Natural Resources regarding "Conservation Page 72 of 269 Page 3 ADDE¡IDT'M VERBAIIM NO\¡EMBER 21,2009 E-I'IAIL }4SSÀGE FROM: Essa Township Mayor David Guergis TO: Mr. Tony Veltri, Editor, New Tecumseh Free Press On Line RE: Nottawasaga Regional Conservation Authority (ORCA) Hi Tony...Just read your story regarding New Tecumseh and NVCA. Should the $627'000 identified in your story not be enough to fund the whofe NVCA planning dept. Illhat are we thinking about? The $370,000 paid to review one devefopment is crazy. What would it take to review that proposal, 20 or 30 hours, you can do the math ($ per hour). Now, who ends up paying? The purchasers of those homes and once they move in. they can start contributing to the other $226,000 levy through their property tax. I ask your readers to go onJ-ine and check out the Severn Sound Environmental- Association providing the same legj-sl-ated service to our northern neighbors at a fraction of the price. They run the whol-e service (PPS, CA Act) for just a l-ittle bit more than what the NVCA wiJ-I get out of New Tecumseh this year. Some exarnples of their levies are Orillia $26,000, Severn $19,000, Penetang $17,000 and they donrt have the crazy permit fees. Is it not our job as el-ected officia.l-s to provide quality services at the best price? In Essa our CA levy has increased 249,82 since the year 2000. If any of our other departments had increases l-ike that heads woul-d ro.l-l-. Vühy does the CA get a pass? And as the economy slows the CA's are not getting the outrageous permit fees they used to so f ask where wil-l- the short fall- be made up? New restrictions with new fees and increased fevies? Vlhil-e I have withdrawn my orj-ginal motion asking that the Authority become an Association I stil-l know it is the riqht thing to do and I woul-d ask the ratepayers who are funding these massive increases to cal-l- their local- municipal rep and ask them to at .l-east make an effort to fook at the high quality service being provided to our northern neighbors at a much, much l-ower cost. Now as f'or the potential savings at my municipality I would be asking my council to put that money towards real projects to fix our water shed (erosion, 1og jams, better tree coverage etc. ) . Vühen you look at the NVCA budqet almost nothing goes to environmental repair (almost 2.5 million in $rages alone). Most folks do not know that I am a former board member of the NVCA and was there when in the 90s they ran a deficit of $160,000 + and there was tal-k of getting rid of them altogether and I was the loudest voice in the room to keep them alive. I supported them because they swore to not empire bui.l-d and to reduce costs, I was even approached to sit on the executive but declined because f have seen too many good reps fall under the spell of the CA. As a matter of fact the guy who was arguing to get rid of them back then l-ater became the board chair and now supports anything they do(deficits, levy increases, etc.) In these economic times we need to reduce taxes. V{e must push our respective councils to support an independent review, 249.8%íncreases have to be justified. I thank Mulmur, Oro-Medonte, Mel-ancthon and my ob¡n council in Essa for supporting the review. ft is on the agenda of other council-s and will be deaft with soon so f encourage your readers to cal-l their council-lors asap to support the independent review. Dave Correspondence dated December 1, 2009 from Land Use Council to Minister of Natural Resources regarding "Conservation Page 73 of 269 Page 74 of 269 DruNKING Wê ACT FOR CLEAN WAÏER LAKE ERIE REGION SOURCE PROTECTION COMMITTEE MEETING MINUTES Thursday, November 5, 2009 The following are the minutes of the Lake Erie Region Source Protection Committee meeting held on Thursday, November 5, 2009 at the Grand River Conservation AuthoriÇ Administration Centre,400 Clyde Road, Cambridge, ON. Members Present: C. Ashbaugh, Chair; H. Comwell, P. General, M. Goldberg, J. Harison, A. Henry, K. Hunsberger, R. Krueger, J. Laird, l. Macdonald, D. Munay, J. Oliver, D. Parker, L. Penin, G. Rae, T. Schmidt, R. Seibel, M. Wales, D. Woolcott, W. Wright-Cascaden Members Regrets: M. Ceschi-Smith, R. Haggart, B. LaForme, C. Martin, B. Ungar Proxy Representatives: *4. Davidson (R. Haggart), T. Spiers (M. Ceschi-Smith) Liaisons: A. Dale, Source Protection Authority Liaison; M. Keller, Provincial Liaison Region Management P. Emerson, GRCA; C. Evanitski, LPRCA; T. Marks, KCCA; Gommittee: S. Marlyn, CCCA; K. Smale, CCCA; E. Vanhooren, KCCA Staff: N. Betts, GRCA; S. Cooke, GRCA; N. Davy, GRCA; J. Etienne, GRCA; S. Glauser, GRCA; L. Minshall, GRCA; T. Ryan, GRCA; T. Seguin, GRCA; S. Shifflett, GRCA; S. Strynatka, GRCA; Also Present: A. Wong, GRCA;G. Zwiers, GRCA M. Evans, County of Oxford; B. Fields, Norfolk County; E. Hodgins, Region of Waterloo; J. Romahn, Kitchener; M. Sherran, County of Oxford; Holly Waite, County of Oxford 1. Call to Order C. Ashbaugh called the meeting to order at l:00 p.m. 2. Roll Gall and Gertification of Quorum - 17 Members Constitute a Quorum (213 of members) The Recording Secretary called the roll and certified quorum. 3. Chairman's Remarks C. Ashbaugh welcomed members, staff and guests and noted the following: Lake Erie Region Source Protection Commitee minutes of meeting held November 5, 2009. File: E00 Page 75 of 269 Minutes of Meeting Lake Erie Region Source Protection Gommittee November 5, 2009 Page 2 . A Preliminary Lake Erie Working Group meetíng was held on October 22. Attendees included: Martin Keller from the Ministry of the Environment; Chairs and Program Managers from Niagara Peninsula Region, Thames Sydenham Region, Essex Region and the Lake Erie Region; General Managers, CAOs and Chairs from the partner conservation authorities; and Municipal Water Managers from the four regions. The Program Managers identified the Lake Erie-related issues in their. regionS and discussed similarities and contrasts between the regions. There were many similarities as well as significant differences. Attendees agreed that establishing a regular meeting schedule would be premature, and that the group should meet again in several months, once the source protection program technical studies have further developed. o On October 30, a retirement celebration was held for Bryan Hall, General Manager/ Secretary Treasurer of Kettle Creek Conservation Authority. Bryan worked for 30 years in conservation at Kettle Creek, and was General Manager/Secretary Treasurer for 25 years. He has been a valuable asset to Region Management Committee for the Lake Erie Region. o Q. Ashbaugh introduced and congratulated Elizabeth VanHooren, who has been appointed Acting General Manager/Secretary Treasurer for Kettle Creek Conservation Authority. 4. Review of Agenda A revised agenda was distributed to members. ltem 10. c), Report SPC-í1-09-03 Lynden (Hamilton) Vulnerability, Threats and lssues, was removed from the agenda. Movedby: A.Henry Seconded by: R. Krueger carried unanimously THAT the revised agenda for the Lake Erie Region Source Protection Committee Meeting of November 5,2009 be approved. 5. Declarations of Pecuniary lnterest There were no declarations of pecuniary interest made in relation to the matters to be dealt with. 6. Minutes of Previous Meeting - October 8, 2009 Moved by: D. Murray Seconded by: L, Perrín carried unanimously THAT the minutes of the previous meeting of October 8, 2009 be approved as circulated. 7. Hearing of Delegations None Lake Erie Region Source Protection Commitee minutes of meeting held November 5, 2009. File: E00 Page 76 of 269 Minutes of Meeting Lake Erie Region Source Protection Committee November 5,2009 Page 3 8. Presentations a) Summary of Municipal Water Managers Report to the Grand River Conservation Authority Members - Sandra Cooke Municipal Water Managers Report: Best Practices: Municipal Wastewater Treatment Plant Bypass and Spill Prevention and Reporting in the Grand River Watershed The Grand River Conservation Authority received the above noted report on September 14,2009. One of the recommendations from the Grand River Conservation Authority was that a copy of the report be forwarded to the Láke Erie Region Source Proteition Committee for their information. S. Gooke provided an overview of the Municipal water Managers' Report noting objectives and recommendations to improve best practices for spills and bypasses in the Grand River Watershed. She further noted that the full Municipal Water Managers report is available at www.grandriver.ca under September 2009 meetings. * A. Davidson joined the meeting at 1:15. J. Hanison asked if the City of Brantford was included in the development of the best practices. S. Cooke responded affirmatively and noted that the report was presented to the City of Brantford Council, who unanimously supported the report. T. Spiers concurred that the best practices document was the result of an excellent collaborative effort. D. Parker inquired if the list of spills is public knowledge and can be made available on a regular basis. S. Cooke identified that one of the recommendations in the best practices document is to improve data collection. lt would be premature to post this information without improved data collection methods and proper context. J. Laird asked if all municipalities who feed into the Grand River participated in the workshop. S. Cooke replied affirmatively. J. Oliver wondered whether a large number of bypasses and spills do not get recorded or reported and have therefore not been included in the data used to develop the report. S. Cooke responded that the number of spills identified in the report were a result of the best possible information from the Spills Action Centre. The data was used to determine a broad sense of the causes of spills and bypasses to better identify best practices. L. Penin asked what percentage of the total volume of spills was high risk. S. Cooke responded that the data available is not sufficiently accurate to estimate the volume of high-risk bypasses. D. Murray advised that the Ministry of the Environment met with some municipalities to reduce infiltration and inflow, and many municipalities made a ten year commitment towards reductions. R. Krueger asked if Water Managers investigated the causes and volume of spills and bypasses in other watersheds. S. Cooke responded that she does not have any data from other watersheds and noted that the Ministry of the Environment would have a Lake Erie Region Source Protection Commitee minutes of meeting held November 5, 2009. File: E00 Page 77 of 269 Minutes of Meeting Lake Erie Region Source Protection Committee November 5, 2009 Page 4 broader sense of spills and bypasses, however, she suspects the issues would be similar. T. Schmidt pointed out that the Region of Waterloo is diligent with spills reporting; other municipalities, or industries and businesses may not be as stringent with their processes. 9. Correspondence a) Copied i) Conespondence from Jim Hunt, Chair, Trent Conservation Coalition Source Protection Committee to Source Protection Committee Chairs Re: Support for Peterborough Utilities Commission Special Project Application for Goose Management Program b) Not Copied None M. Goldberg asked if staff have any further information regarding the outcome of the conespondence. L. Minshall replied that no further information has been distributed, however staff will follow up. H. Comwell pointed out that fecal contamination from geese is a large concem, noting that geese can shed as much or more e-colithan cows. Res. Ä/o. 45-09 Moved by: G. Rae Seconded by: L. Perrin carried unanímously THAT the correspondence be received as information. 10. Reports a) SPC-Il-09-01 Brownsville Vulnerability, Threats and lssues H. Waite and M. Shenan presented the results of the Vulnerability, Threats and lssues analysis for the Brownsville well system. D. Parker asked what the manure producing opérations were in Brownsville. H. Waite replied that the manure producing operatíon was a dairy farm. D. Parker expressed concern regarding the effectiveness and accuracy of windshield survey assessments. He noted that it was identified that atrazine may result in groundwater and asked if there are any statistics identifying whether the atrazine is the result of historical or cunent land use. He asked whether Dichlorophenoxy Acetic Acid was incorrectly noted in the report as D-2,4. M as opposed to 2,4-D. Shenan responded that the threats and issues assessment was based on a preliminary assessment. Further details will be determined during the site specific assessments where uncertainty is high. D. Parker Lake Erie Region Source Protection Commitee minutes of meeting held November 5, 2009. File: E00 Page 78 of 269 Minutes of Meeting Lake Erie Region Source Protection Committee November 5, 2009 Res. Âlo. 16-09 Page 5 suggested that households may be applying a higher rate of pesticides to the land than farmers. He further noted that pesticide bans will affect the figures in years to come. L. Minshall explained that the process in meant to first look for issues. To date, they have not discovered any issues in Brownsville that would cause problems. The process then investigates land use activities and whether they could cause problems. Because of the timelines for source protection planning the threats and issues identification must be done through a two-step process. The first step is desktop, and then the process will start working with property owners to confirm information. Some municipal studies are further along in this aspect, such as the Region of Waterloo threats census. H. Comwell expressed concern with the method used to determine livestock density. He noted that using an air photo interpretation to determine type of barn and apply that assumption to type of livestock and livestock density is problematic, particularly when there is no reasonable method to determine to what capacity the bam is being used. J. Harrison noted that there are sixteen potential threats for commercial fertilizer identified that do not include farms and asked what type of land use would constitute a threat for the application of commercial fertilizer. H. Waite responded that it is assumed that homeowners apply commercial fertilizer to their lawns. J. Harrison pointed out that a document that has five paragraphs of limitations and data gaps speaks to the fact that it is not complete, and that a Tier 2 assessment is necessary. D. Woolcott suggested that review of the Assessment Reports in their entirety provide more context on water quality and the types of chemicals that might be found in water systems throughout the Source Protection Areas. While his intention is not to make light of the comments, it may prove helpful to consider Brownsville's information in context of the broader information provided in the assessment report. He confirmed that there are a lot of gaps in the reports, and that this is the first step. A. Henry identified that although members are anxious to move forward with the process, it is important to keep in mind that this is a Tier 1 assessment and there will be data gaps. The point of this stage of the exercise is to develop a potential list of threats and see if they pose a risk prior to moving forward with a more in depth Tier 2 assessment. Movedby: A.Henry Seconded by: J. Harríson carried unanimously THAT the Lake Erie Region Source Protection Committee direct staff to incorporate the components of the reports entitled Brownsville Well Sysfem Threats Assessment (Ortord County, 2009) and Source Water Protection Drinking Water Sysfems /ssues Evaluation (Ortord County, 2009) into the Catfish Creek Source Protection Area Assessmenf Report. Lake Erie Region Source Protection Commitee minutes of meeting held November 5, 2009. File: E00 Page 79 of 269 Minutes of Meeting Lake Erie Region Source Protection Committee November 5, 2009 Res.IVo. 47-09 Moved by: J. Laird Seconded by: M. Goldberg Page 6 b) SPC-1 1-09-02 Technical Report Review Process L. Minshall summarized report SPC-11-09-02 Technical Report Review Process. She noted that Chris Neville of S.S. Papadopulos and Associates has been asked to review the remaining reports pertaining to groundwater, and Dr. Hugh Whiteley has agreed to peer review the remaining reports pertaining to surface water. A. Henry asked for clarification regarding the regulatory due dates for the Assessment Reports. L. Minshall confirmed that the Catfish Creek and Kettle Creek Source Protection Area Assessment Reports are due to the Minister in May 2010. The Grand River and Long Point Region Source Protection Area Assessment Reportd are due July 2010. A. Henry wondered what the implications would be if the Assessment Reports are late. L. Minshall replied that if the Lake Erie Region does not meet the due date the Minister will be disappointed, and it could be embanassing for the region. A. Henry responded that although the committee should strive to meet the due dates, it is imperative that the work be done conectly. M. Goldberg thanked L. Minshall for investigating the sub-working groups in other Source Protection Regions. L. Perrin asked if the Lake Erie Region has the budget to undertake the additional peer review. L. Minshall responded that she has applied to the Ministry of Natural Resources for additional funds noting that the cost of the this peer review is relatively small in proportion to the cost of the studies being reviewed. D. Woolcott stated that he questions the sense in re-reviewing reports, noting that the Kettle Creek Source Protection Area Assessment Report is supported by numerous reports that have been reviewed. R. Krueger advised that he was a student of Dr. Hugh Whiteley and expressed that Dr. Whiteley is an excellent choice for peer review. carried unanímously THAT Report SPC-11-09-02 Technical Report Review Process þe received for information. a) SPC-11-09-04 First Draft of Gatfish Creek and Kettle Creek Source Protection Area Assessment Reports S. Glauser provided an overview of report SPC-10-09-04 Draft of Catfish Creek and Kettle Creek Source Protectíon Assessment Reports and requested any feedback members may have on the first draft assessment report. A. Henry asked if the supporting technical reports are being made available prior to public consultation for the Assessment Reports. S. Glauser responded that all the technical reports are being made available before the comment period if the municipality has released the report for that purpose. Lake Erie Region Source Protection Commitee minutes of meeting held November 5, 2009. File: E00 Page 80 of 269 Minutes of Meeting Lake Erie Region Source Protection Gommittee November 5, 2009 PageT R. Seibel expressed concern regarding including statements and recommendations in the assessment reports that pertain to general water quality, and not directly to source protection planning. L. Minshall advised that the source protection planning process does take into consideration co-benefits with broader water management. Water quality conditions and trends and watershed characterization are important to overall water quality. Although general water quality policy in a document for source protection planning would not be binding, the committee can make enabling policies for partners in the watershed that relate to broader co-benefits. W. Wright-Cascaden noted that she thought the repod was very readable, and that the average reader would be benefitted by the executive summary, which is still to be developed. She identified that the conclusions component may be best approached as a summary. She further suggested a smaller summary section at the end of each section. This would summarize the key information without forcing the public to read the entire document. lf readers would like to further investigate the background information, they can go into the pertinent section of the document for further information. D. Parker noted high nitrate and phosphorus levels and asked if there are any old cottages along Kettle Creek. T. Marks responded that there are not many. D. Parker asked if the high bacteria pathogen level below St. Thomas implies a problem with spills in St. Thomas. L. Penin responded that St. Thomas is like many other municipal cities. They have old infrastructure and some issues with combined sewers; however, they are making great strides in improving their system and are working diligently to reduce overflows. L. Penin noted the best practices developed in the Grand River Watershed and advised that he intends to take this information to Kettle Creek and Catfish Creek Watersheds. J. Oliver observed that non-municipal drinking water systems, although identified as a data gap, will be included Ín the document. He asked what purpose it will serve to list non-municipal systems and expressed concem about having such systems identified. S. Glauser responded that the regulation requires that non-municipal systems be listed and suggested that it may relate to the issues evaluation process. M. Keller advised further that the Ministry would like non-municipal systems listed so that there is a complete account of systems. S. Glauser identified that list is cunently identified as a data gap because it is being refined by the Health Units; there are currently too many uncertainties with the data to include it in a document. J. Oliver suggested including a rationale for the lists' inclusion in the document. J. Hanison noted that he is of the opinion that non-municipal systems should be included as part of this process noting that there are systems in Long Point Region that serve more people than Brownsville and they are not being assessed. J. Hanison further noted that although the síze of the document was intimidating, and expects that the Grand River Source Protection Area Assessment Report will be even more so, generally speaking the document is readable. He did note, however, that there remain some paragraphs that are quite technical and not easily understood. lf the objective is to receive public feedback, readability is vital. Lake Erie Region Source Protection Commitee minutes of meeting held November 5, 2009. File: E00 Page 81 of 269 Minutes of Meeting Lake Erie Region Source Protection Gommittee November 5, 2009 Page 8 L Macdonald concurred that the document was well written, pointing out the importance of including the technical details for those who want it, but common language summaries for those who prefer an overview. A. Henry noted that section on climate change did not provide a lot of information with regards to sedimentation loading, noting that this information is particularly pertinent for Kettle Creek with its slope and tendency for high sediment loading. Further, he noted Lake Erie has a significant shoreline erosion rate, and observed that there was not a lot of discussion pertaining to erosion rates due to climate change. He asked if this is a data gap, and if it is expected that this will be addressed in future. L. Minshall responded that the section was written based on a broad literatúre review. Staff will look for more information pertaining to sediment loading. R. Seibel asked if the electronic version of the document could be provided on the screen for future meetings so members can see the sections to which the discussion refers. Members were advised that the first draft of the Catfish Creek Source Protection Area Assessment Report will be sent by November 13, and asked that members send any comments on both Kettle Creek and Catfish Creek at their earliest convenience to Lonie Minshall so amendments can be incorporated into the drafts for the December meeting, which will be couriered on November 27. D. Woolcott asked that the amendments to the Assessment Report documents be summarized. Res. /Vo. 48-09 Moved by: D. Woolcott Seconded by: G. Rae carried unanimously THAT Report SPC-11-09-04 First Draft of Catfish Creek and Kettle Creek Source Protection Area Assessmenf Reporfs be received for information. b) SPC-Il-09-05 Assessment Report Gonsultation - Kettle Creek Source Protection Area and Gatfish Creek Source Protection Area S. Glauser provided an overview of report SPC-11-09-05 Assessment Report Gonsultation - Kettle Creek Source Protection Area and Catfìsh Creek Source Protection Area. Res.IVo. 49-09 Movedhy: A.Henry Seconded by: L. Perrín carried unanimously THAT the Lake Erie Region Source Protection Committee adopt the proposed public consultation process outlined for the Assessmenf Reporfs for the Catfish Creek and Kettle Creek Source Protection Areas. c) SPC-11-09-06 Six Nations Update L. Minshall provided an overview of report SPC1l-09-06 Six Nations Update. Lake Erie Region Source Protection Commitee minutes of meeting held November 5, 2009. File: E00 Page 82 of 269 Minutes of Meeting Lake Erie Region Source Protection GommitteeNovembers,200g Page 9 Res. /Vo. 50-09 Moved hy: R. Krueger Seconded by: T. Schmídt carrîed unanimously THAT Report SPC-11-09-06 Six Nations Update be received for information. 11. Business Arising from Previous Meetings D. Parker refened to the Port Stanley threats and issues report presented at the last meeting and asked whether the cause of the selenium has been identified. A. Henry responded that the cause of the selenium remains uncertain, however, it is likely historical. The selenium exísts in amounts that are negligible and simply wanant further monitoring. 12. Other Business a) Question and Answer Period None 13. Glosed Meeting Not applicable 14. Next Meeting - Thursday, December 3, 2009, l0:00 am, GRCA Administration Gentre, 400 Glyde Road, Cambridge, ON S. G/auser noted that if you cannot make the entire meeting please let him know when you intend to arrive or leave to ensure the commiftee can maintain quorum. 15. Adjourn Moved by: D. Parker Seconded by: R. Seíbel carrÍed unanimously The Lake Erie Region Source Protection Committee meeting of November 5, 2009 adjourned at 2:50 p.m. Chair Recording Secretary Lake Erie Region Source Protection Commitee minutes of meeting held November 5, 2009. File: E00 Page 83 of 269 Page 84 of 269 Oxr¡,nro Pnovrxcrel Poucr PoucE PRovrNCrÂLE DE t'Ont.lnro t._) Prr Nnws Rnmsn/ CouuuNIeuÉ FROM/DE: ELGIN COUNTY OPP DATE: 07 Dec 09 FESTIVE R.I.D.E IN FULL SWING (ELGIN COUNTY) - Elgin County OPP's Festive R.|.D.E Program is in full swing checking 4,502 vehicles in the first week. "Our goal this Festive R.I.D.E. season is to check 18, 000 vehicles. We want to help make this a joyous holiday season by trying to make our roadways safer. We have made a strong commitment through our R.|.D.E programs and proactive patrols to the prevention, detection and enforcement of motorists drinking and drivingl" Stated Elgin County OPP Detachment Gommander, Inspector Ryan Cox. Below you will find the Festive R.|.D.E. Statistics for Week #1 FEST¡VE R|DE 2009/10 í27NOV09 - o2JANí0l PROVTNCE W|DE OPP TOTALS 200 662 138 r09 1 The Elgin County OPP will be conducting R.|.D.E. programs this week at the following locations as well as conducting random R.l.D.E. programs at unspecified dates, times and locations. Correspondence dated December 7, 9, 10 and 14, 2009 regarding various issues. File: P17 Page 85 of 269 Owr.lnro Pnovrr¡cr¡,1 Por,rcn PoucE PRovrNcrÂLE DE l'ONtnnro NBws Rrrnnsp/ CouuuNreuÉ ELGIN COUNTY OPP RIDE SCHEDULE 07-Dec-09 Straffordville 07-Dec-O9 Vienna 08-Dec-09 SunsetMarren 08-Dec-O9 Talbotville 09-Dec-09 Ron McNeilllVellinqton 09-Dec-O9 Summers Corners 10-Dec-09 Fairview/John Wise 10-Dec-09 Hiohburv/RonMcNeil 1l-Dec{9 Hwv # 3 Bvoass and First Ave. 11-Dec{9 Hwv # 3 at Yarmouth Centre Rd 11-Dec-09 Hwv #4 Sandimount 12-Dec-09 Hwv #3 Outside of Avlmer Hw\,¡#4 Outside of St.Thomas 12-Dec49 # 3 at Rooers 12-Dec-09 SunseUSouthdale 13-Dec-09 West lorne 13-Dec-09 Rodnev 14-Dec-09 Straffordville 14-Dec-09 Bunvell 15-Dec-09 Dutton 15-Dec-09 Finoal 15-Dec-09 Central Eloin 16-Dec-09 Carlow Rd l6-Dec-09 Hiohburv/Truman Correspondence dated December 7, 9, 10 and 14, 2009 regarding various issues. File: P17 Page 86 of 269 ONrnnro Pnovnlcr¿,r Polrcn PoucE PRovrNcrALE DE r'Oxrlnto NBws Rnrnnsn/ CouuuNleuÉ DEER COLLISIONS UP IN SEPTEMBER. OCTOBER. NOVEMBER Elgin County OPP continues to encourage the motoring public to take care when driving at night and watch for deer as we've seen an increase in collisions over the last three months. Driving the speed limit, using your high beams and watching for movement along the shoulders and ditches can help in preventing a collision. Signs have been posted on county roads throughout Elgin County in key locations where deer commonly cross, so please stay alert. ELGIN COUNTY DEER COLLISION BY TOWNSHIP 2008/2009 Bavñam Malahide GentralElqin Month 2008 2009 2008 2009 2008 2009 Januarv 5 3 4 1 I 6 Februarv 2 0 0 1 I 7 March 2 5 2 2 3 4 April 0 4 0 2 I 4 Mav 0 6 3 2 6 2 June 2 0 5 2 6 5 Julv 1 2 3 0 0 2 Auqust 0 1 3 2 6 0 September 3 2 3 7 4 4 October 4 3 7 5 7 18 November 3 5 3 6 8 15 December 5 3 5 Total 27 31 36 30 70 67 Southwold Dutton/Dunwich West Elqin Month 2008 2009 2008 2009 2008 2009 January 4 5 1 4 2 2 Februarv 3 1 I 3 2 1 March 4 1 s 3 2 Aoril 1 2 4 2 4 2 Mav 6 5 3 1 5 1 June 4 1 1 5 5 2 Julv 2 0 3 2 2 Auoust 3 0 0 1 1 Seotember 1 3 2 1 2 2 October l0 5 5 10 5 4 November 4 8 4 3 2 5 December 5 1 3 Total M 36 38 35 35 23 Totals 2008 2009 24 21 24 l3 22 16 17 l6 23 17 23 15 7 11 11 7 15 l9 38 45 24 54 22 250 234 Correspondence dated December 7, 9, 10 and 14, 2009 regarding various issues. File: P17 Page 87 of 269 ONrnnro PnovrNcr¡,1 Polrca Poucr PRovrNcrALE DE r,f ONt¡,nro Naws Rnrnnsn/ CoutntuNleuÉ Please visit the Opp tOOh Anniversary website at www.opo100.ca for information about upcoming events, updates, images, video and other information relating to the OPP 100th Anniversary. "Veuillez visiter le site web pour le 1 00e anniversaire de I'OPP à www.opp100.ca pour des informations sur les événements prochains, mises à jour, photos, vidéos et autres informations concemants le 100e anniversaire -30- Gontact: Constable Troy Garlson Elgin County OPP Media Relations/Commun¡ty Services Officer Phone: 519-631-2920 Pager: l-888-808-7195 Correspondence dated December 7, 9, 10 and 14, 2009 regarding various issues. File: P17 Page 88 of 269 K h Oxr^rnro Pnovncr¡,r Porrcn Poucn PRovrNcrALE DE r'ONranro i Prr Nnws Rnrpnsr/ Coutr,tuNleuÉ FROM/DE: ELGIN GOUNTY OPP DATE: 09 DEC 09 SEARCH WARRANT EXECUTED (ELGIN COUNTY) - Elgin Gounty OPP along with the OPP's Organized Crime Enforcement Bureau - Drug Enforcement Unit conducted a search warrant at a Mill Park St. address in Fingal, Southwold Township on the th of December, 2009. As a result 84 Marihuana plants as wells as drug production equipment were seized having a potential street value of approximately $125 500. Arrested and charged is Michael HOLTOM, age 49 and Adriana VARGA, age 48 both of Fingal, ON. Michael HOLTOM is charged with; 1. Possession of a controlled substance for the purposes of trafficking contrary to section 5(2) of the Controlled Drugs and Substances Act. 2. Production of a controlled substance contrary to section 7(1'¡ of the Controlled Drugs and Substances Act. Adriana VARGA is charge with; 1. Possession of a controlled substance for the purposes of trafficking contrary to section 5(2) of the Controlled Drugs and Substances Act. 2. Production of a controlled substance contrary to section 7(1) of the Gontrolled Drugs and Substances Act. Both subjects are scheduled to appear in St.Thomas Criminal court on the 11th of January 2O1O to answer to the charges. Please visit the Opp tOOh Anniversary website at www.opo100.ca for information about upcoming events, updates, images, video and other information relating to the OPP 100th Anniversary. 'Veuillez visiter le site web pour le 100e anniversaire de I'OPP à www.oppl 00.ca pour des informations sur les événements prochains, mises à jour, photos, vidéos et autres informations concemants le 100e anniversaire Contact: Gonstable Troy Garlson -30. Correspondence dated December 7, 9, 10 and 14, 2009 regarding various issues. File: P17 Page 89 of 269 Oxr¿nro Pnovncrel Polrcn POUCN PROVINCIALE DE I,,OTrITeuO Elgin Gounty OPP Media Relations/Community Services Officer Phone: 519-631-2920 Pager: l-888-808-7195 Nnws Rnrnnsn/ CouuuNreuÉ Correspondence dated December 7, 9, 10 and 14, 2009 regarding various issues. File: P17 Page 90 of 269 ) Subjecü Elgin OPP Speed Trailer Making the Rounds FROM/DE: ELGIN COUNTY OPP DATE:10DEC09 SPEED TRAILER MAKING THE ROUNDS (ELGIN COUNTY) - As part of Elgin Gounty OPP Traffic Management Strategy the mobile speed trailer is making its rounds through-out Elgin County. Acquired over the summer through a grant from Attorney Generals Civil Remedies Grant program the trailer uses an onboard speed radar (much like that in police cars) along with a large L.E.D. display board to display the vehicles speed along with a message to the motoring public. The message if the vehicle is travelling below the speed limit is "Thanks for NOT speeding" if the vehicle is speeding then the sign displays "SLOW DOWN!'and displays the vehicles speed. The trailer is set to not display speeds over 99km/hr so that the sign can't be used by racers to see how face their vehicle can go. The trailer also has the capability of recording the number of vehicles, speeds and times which when anal¡aed allows police to take a more targeted approach to an area by seeing what time of day the traffic volume is highest or if there is a particular time of day when motorists speed. The trailer will be set up primarily in built up areas such as in towns, villages or hamlets throughout Elgin County. lf there is a particular area of concern in your community please contact the Eglin County OPP Community Services Officer. Considerations for requesting the trailer and its placement; . Can the trailer be placed in a well lit area built up area so that the trailer is not vandalized and it appears that it is being monitored?. ls it being placed on a roadway with a high volume of traffic where its visibility will create talk within the community about speeding issues?. ls there an area to place the trailer so that it does not interfere with traffic such as a wide shoulder or driveway?. Will the trailer interfere with drivers views when pulling out of driveways or side streets as to create a traffìc hazard?. W¡l¡the trailer interfere with snow removal or become a traffic hazard in inclement weather? Once a suitable location has been determined and the weather and road conditions or safe for deployment, the trailer will be set-up at the selected location by an OPP officer for approximately two days. Traffic enforcement will Correspondence dated December 7, 9, 10 and 14, 2009 regarding various issues. File: P17 Page 91 of 269 take place during the last day of each placement. Enforcement data will be captured and reported on a monthly basis to area Community Policing Committees and other groups as requested. Below is the December 2009 Trailer Schedule. ELGIN COUNTY OPP SPEED TRAILER DEPLOYMENT SCHEDULE - DECEMBER 2OO9 Twp/Municipal-Area Location (s) Date Enforcement Date Comments PON Type - Speeding/Other HTA/Griminal PON's Rodney 1-2Dec 02-3Dec directed patrol Sspd, 1S/8, 1 no insu 7 Dutton-Dunwich Dutton 34 Dec 04-Dec directed patrol 0 07-Dec DIP-OT dec 09 3 speeding 3 Southwold Shedden 7-9 Dec 08-Dec 2Pons, 2 warn, 4 hrs lspd, '1 no insu 2 Central Elgin Belmont 10-11 Dec Malahide Springfield 14-16 Dec Bayham Straffordville 17-18 Dec West Elgin Rodney 21-22Dec Dutton-Dunwich Wallacetown 23-24Dec Southwold Fingal 29-31 Dec TOTAL 12 Please visit the OPP 100th Anniversary website at www.opp100.ca for information about upcoming events, updates, images, video and other information relating to the OPP 100th Anniversary. 'Veuillez visiter le site web pour le 100e anniversaire de I'OPP.à www.oop100.ca pour des informations sur les événements prochains, mises à jour, photos, vidéos et autres informations concernants le 100e anniversaire -30- Contact: Gonstable Troy Carlson Elgin County OPP Media Relations/Commun¡ty Services Officer Phone: 519-631-2920 Pager: 1-888-808-7195 Correspondence dated December 7, 9, 10 and 14, 2009 regarding various issues. File: P17 Page 92 of 269 ç Oxr¡nro Pnovnlcr¡.r Polrcn Pouce PRovINcIALE DE t'Oxr¡,nto P t-t Nnws Rnrnnsn/ Coutr,tuNIeuÉ FROM/DE: ELGIN COUNTY OPP DATE: 14 DEC 09 UPDATE : MOTOR VEHIGLE GOLLISION CLAIMS THE LIFE OF SIXTEEN YEAR OLD WEST LORNE GIRL (ELGIN GOUNTY) - Elgin Gounty OPP has released the name of the sixteen year old female killed in the motor vehicle collision as Katelynn, Lilliian, PORTER of West Elgin. The collision occuned on Saturday night the 12th of December, 2009 at approximately 9:40pm on Dunborough Road just south of Pioneer Line, Dutton/Dunwich. lnvestigation has revealed that a fourth occupant, a 21 year old West Elgin man, had also been in the vehicle but departed the scene prior to police arrival. He was later found at a relative's residence suffering from minor injuries. Both the driver and surviving female passenger are still listed in serious but stable condition. Police have charged the 17 year old male driver with the following offences; 1. lmpaired Driving causing Death contrary to section 255(3) of the Criminal Code. 2. lmpaired Driving causing Bodily Harm contrary to section 255(2) of the Criminal Code. The police continue to investigate this incident. ORIGINAL RELEASE 13 DEC 09 - A sixteen year old West Lorne, West Elgin, girl is dead after the vehicle she was a passenger in was involved in a serious single motor vehicle collision on the 12h of December, 2009. Elgin County OPP officers were called to the scene of the collision, which occurred on Dunborough Road just south of Pioneer Line, Dutton/Dunwich at approximately 9:40pm. At the time of the collision a 1997 GMC Sierra Pick-up truck had been travelling North on Dunborough Rd. when the vehicle travelled off the roadway and into the east ditch rolling. The driver, a seventeen year old male from Rodney, West Elgin was transported to Four Counties Hospital and is listed in serious but stable condition. A sixteen year old female passenger was pronounced deceased at the scene. Release of the victims name is pending notification of next of kin. A second female passenger, age 17 from St.Thomas, was transported to Four Counties Hospital and later airlifted to Correspondence dated December 7, 9, 10 and 14, 2009 regarding various issues. File: P17 Page 93 of 269 Oxrnnro PnovrNcrer Polrcr PoucE PRovrNcrALE DE t'ONtento Npws Rnrnnsn/ CouuuNIeuÉ London Health Sciences Centre and is listed in serious but stable condition. OPP TechnicalTraffic Collision lnvestigators have been brought in to assist with the investigation. Police are still investigating the cause of the collision. Dunborough Rd. is closed to traffic from Pioneer Line to Marsh Line and is expected to re-open around 4am. Please visit the OPP tOO* Anniversary website at www.opp100.ca for information about upcoming events, updates, images, video and other information relating to the OPP 100th Anniversary. "Veuillez visiter le site web pour le 100e annivercaire de I'OPP à www.opo100.ca pour des informations sur les événements prochains, mises à jour, photos, vidéos et autres informations concemants le 100e anniversaire .30 - Gontact: Gonstable Troy Carlson Elgin County OPP Media Relations/Gommunity Services Officer Phone: 519-631'2920 Pager: l-888-808-7195 Correspondence dated December 7, 9, 10 and 14, 2009 regarding various issues. File: P17 Page 94 of 269 ffi Or.¡r¡,nro PnovtNcrnr Porrcn PoucE PRovTNCTALE DE r'ONr.rnro Pt't NBws Rnrpnsp/ FROM/DE: ELGIN COUNTY OPP CoupruNreuÉ DATE: 14DEC09 R.l.D.E. - AN\1/VHERE. ANYTIME (ELGIN COUNTY) - Motorists may be surprised to be stopped at 7am at a local R.|.D.E. program and be wondering why police are out a such an odd time of day asking if you've been drinking. While the majority of impaired drivers are arrested in the evening and the hours just after midnight police do find people driving impaired in the morning. Whether be after a night of celebration and now driving into work or after staying over at a friends and now driving home, motorists may not be sober enough to be driving. "People are doing the right things by not driving home drunk and instead are choosing to take a cab, using a designated driver or staying at a friend's house. The problem is when they wake up early and feel it's now ok to drive because they've slept a bit. The fact still remains that having only a few hours of sleep may not be enough to sober you up and you may still be impaired. Getting caught by the police may be the least of your worries if you end up killing someone in a motor vehicle collision! Don't;just plan for the evening, plan ahead for the next day as well." Stated lnspector Ryan Cox, Elgin County OPP Detachment Commander. There are many myths about how to sober up more quickly; o Drinking Black Coffee: Caffeine will not help your liver metabolize alcohol, and neither will any of the other ingredients in coffee. Drinking coffee while drunk may actually have a negative effect: you may feel more alert and capable of dríving when, in fact, you're still impaired. . Taking a Gold Shower: Unless your liver hops out and takes a shower with you, this will have no effect on your level of drunkenness. Like drinking caffeinated beverages, though, it could give you a false sense of alertness. o Getting some Fresh Air: Like taking a cold shower, this may make you feel better - and even less impaired - but it has absolutely no effect on your blood alcohol content (BAC) or liver. o Exercising: While exercise does help the body eliminate some alcohol through sweating and breathing, the amount is negligible and won't affect your BAC. In fact, Correspondence dated December 7, 9, 10 and 14, 2009 regarding various issues. File: P17 Page 95 of 269 l9" o- s"lloË")Yå ONr¡,nro PnovrNcrnr Polrcr Poucr PRovrNcrA,LE DE l'ONtnnIo Npws Rnrnnsp/ Coutr,tuNleuÉ because alcohol impairs motor skills, a drunk person engaging in vigorous exercise may actually end up hurting him- or herself by falling or bumping into something. o Eating Food: Eating before you begin drinking can slow the absorption of alcohol into your bloodstream, but eating after you drink will have zero effect on your drunkenness. . Drinking Lots of Water: Drinking litres of water once you're bombed will not make you okay to drive home; however, alternating a glass of water with a glass of alcohol throughout the night may help you consume less alcohol. As said before these are only myths; the only truth is that it takes time for your body to process and eliminate the alcohol. On top of conducting random R.|.D.E. programs at unspecified dates, times and locations Elgin County OPP will be conducting R.l.D.E. programs this week at the following locations, 14-Dec{9 Straffordville 14-Dec-09 Bunuell lSDec{9 Dutton 15-Dec{9 Finqal 15-Dec-09 Central Eloin 16-Dec{9 Carlow Rd 16-Dec-09 Hiohburv/Truman 17-Dec-09 lmoerial / Conservation 17-Dec-09 Talbotville 18-Dec-09 # 3 at Centennial 18-Dec-09 SunseUFruit Ridqe 19-Dec-09 # 3 at Carter 19-Dec-09 # 3 at Centennial l9-Dec-09 Furnival Rd. Rodnev 19-Dec-09 Graham Rd. West Eloin 19-Dec-09 Currie Rd. Dutton Dunwich 20-Dec-09 Plank at 45 20-Dec-09 Vienna 20-Dec-O9 Correspondence dated December 7, 9, 10 and 14, 2009 regarding various issues. File: P17 Page 96 of 269 ìlo9 f¡EL r- Æ ONr¿nro Pnovncru Porrcn NBWS ] Por.rcn pRovrNcrALE DE t'ONt.lnIo COU þ; ns! Dutton 21-Dec-09 Orwell FESTTVE R|DE 2009/10 í27NOV09 - 02JANl0l PROVINCE WIDE OPP TOTALS I 430939 I 294 1 137 INDECENT ACT Elgin County OPP is asking for the public's assistance in identifying the suspect or suspect vehicle in the following incident; On Tuesday the 8h of December 2OOg between 4:30pm and 5:00pm a 15year female reported to police that she was walking on the south side of the road westbound on Main St. E., in West Lome in Elgin County when a white "boxy" type vehicle passed her location eastbound. A few minutes later she observed the same vehicle passing her now traveling westbound at a slow rate of speed. The vehicle then turned into the apartment building complex parking lot, turned around and stopped in the laneway blocking the side walk. When she got near the vehicle she observed that the lone male party in the vehicle was masturbating. She quickly crossed the road and continued westbound. The vehicle pulled out and continued westbound out of West Lorne. The vehicle is described as a white boxy style, 4 door, with 112 tinted windows. The vehicle may have had some rust and was possibly a Volkswagen. The suspect is described as a white male between 25 and 30 yrs., of age. Anyone observing a similar incident call police immediately and attempt to write down the Licence plate number. Anyone with information is asked to call the Eglin OPP at 519-631 -2920 or Crime Stoppers at 1-800-222-8477. Week #1 27NOV09-03DEC09 4,502 3 0 1 13 Week #2 04DEG09-I 0DEC09 5.580 0 1 0 5 Week #3 I I DECO9-I7DEC09 Week #4 I 8DEC09-24DEC09 Week #5 25DEC09-02JANI 0 ELGIN OPP TOTALS TO DATE 10.082 3 1 'l 18 Correspondence dated December 7, 9, 10 and 14, 2009 regarding various issues. File: P17 Page 97 of 269 {P ONr.ruo PnovrNcrer Porrcn PoucE PRovrNcrÂLE DE r'ONrnnro Nnws Rnrunsn/ CouuuNleuÉ Please visit the Opp t0O* Anniversary website at www.opo100.ca for information about upcoming events, updates, images, video and other information relating to the OPP 100th Anniversary. 'Veuillez visiter le site web pour le 1 00e anniversaire de I'OPP à wwwopo100.ca pour des informations sur les événements prochains, mises à jour, photos, vidéos et autres informations concemants le 100e anniversaire -30- Contact: Constable Troy Garlson Elgin Gounty OPP Media Relations/Community Services Officer Phone: 519-631-2920 Pager: 1-888-808-7195 Correspondence dated December 7, 9, 10 and 14, 2009 regarding various issues. File: P17 Page 98 of 269 CORPORATION OF THE MTTNICIPALITY OF BAYHAM STAFF REPORT TO: Mayor & Members of Council FROM : Planning Coordinator/Deputy Clerk SUBJECT: Blondeel Rezoning - Lot Addition Public Meeting Dec.l7l09 7:30pm DATE: December II,2009 FILE: Dl4.BLON NUMBERzD2009-44 Purpose To consider rezoning application and draft ZoningBy-law 2574-2009. Background On October 15,2009 Council considered and supported a consent application submitted by Blondeel Nursery Inc. proposing a minor boundary adjustment to sever a parcel 0.71 hectares (1.75 acre) from lands in Concession 6 STR Part Lot 124, east side Plank Road, north of Jackson Line to add to the adjacent rural residential property owned by Siegfried and Margaret Blondeel. Purpose and Effect of the Rezoning The purpose of the amendment is to change the zoning on a parcel of land from the rural Residential (RR) to the site-specific Rural Residential (RR-15) zoneinZoningBy-lawNo.2456-2003. Rezoning of the lands is a condition of approval by the Elgin County Land Division Committee associated with Consent Application E58/09 granted approval October 21,2009. The effect of the amendment would be to permit the severance as a minor boundary adjustment permitted by the Provincial Policy Statement 2005 and in accordance with the land division policies of the Offrcial Plan. The zoning would incorporate the existing rural residential property and the merged portion to permit a small complement of livestock (maximum equivalent of three nutrient units) on the lands in addition to all other uses permitted in the RR Zone. Staff & Planner Comments The zoning limitation on the number of nutrient units is acceptable to the applicant as it was discussed previously at the time of the consent application. Staff and the planner are supportive of the zoning. At the time of writing this report, no public written comments have been received opposing the application. Attachments 1. Rezoning application 2. DraftZonng By-law 2574-2009 Strategic Plan Goal(s) Goal # 6 Provide and encourage attractive lifestyle choices. Staff Report D2009-44 regarding Blondeel Rezoning - Lot Addition File: D14.BLON Page 99 of 269 Staff Repo rt D2009 -44 Blondeel RECOMMENDATION Page2 "THAT StaffReportD2ù0g-44 regarding the Blondeel Nursery Inc. rezoning application be received; AND THAT the zoning of those lands located at 8504 Plank Road in Concession 6 STR Part Lot 124 owned by Siegfried and Margaret Blondeel, subject to Elgin County Land Division Consent Apptication 858/09, be changed from Rural Residential (RR) to Site-specific Rural Residential (RR-15) Zone,inclusive of the minor boundary adjustment, in the ZoningBy-law 2456-2003; AND THAT ZoningBy-law 2574-2009 be presented for enactment." Respectfully submitted, Planning Coordinator/Deputy Clerk Staff Report D2009-44 regarding Blondeel Rezoning - Lot Addition File: D14.BLON Page 100 of 269 Municipality of Bayham Zoning By-law Amendment Application Page2 Blondeel NurseY fnc. 1.Registered Owner's Name: S i e g f r i e d a n d Ma r g a r e L B 1 o n d e e 1 Address: eqln plqnk Road- RR #t. Straffordville, 0N NOJ 1Y0 Phone No. (Home)5 1 q -8 6 6 -3 3 7 3 Business: Fax:Email: Lot and Concession (if applicable): Are there any other holders of mortgages, charges or other encumbranæs of the Subject Lands? If so provide the names and addresses ofsuch persons. t Applicant/AuthorizedAgent: David Roe Address: 599 Larch St. Delhi ' 0N N4B 347 Telephone No.:519-58 2-11.7 4 Fax: Please specify to whom all communications should be sent: RegisûeredOwner ( ) Applicant/AuthorizedAgent ( ¡) 3. Legal Description of the land for which the amendment is requested: Concession: e rÞ LoÍ I2l+ Reference Plan No:Part Lot: Süeet and Municþal Address No.:R51 O Plank Road What is the size of property which is subject to this Application? Area: 2" 3q hla- Fronrage:at1'l Depth:r7s g When were the subject lands acquired by the current owner? 4. Existing Official PIan Designation:Áori ¿-rr-l frrral HowdoestheapplicationconformtotheOfficialPlan? Minor boundary adjustment Staff Report D2009-44 regarding Blondeel Rezoning - Lot Addition File: D14.BLON Page 101 of 269 Municipality of Bayham Zoning By-law Amerdment Application 5. Existing TnningBy-law Classific¿tion: What are the current uses of the subject lands? Agricultural former nursery ' existj-ng residential Page3 A1 dwel I i np If known, provide the length of time these uses have continued on this prûperty. 40 = years If there are any existing buildings or structures on the subject lands provide the following inforrration: Type Front Lot Side Lot Line Rear Lot Line Height Dimensions Line Setback Setbacks Setback ffknown, provide the dates in which each of these buildings were constructed. 6. What is the Nature and Extent of the Rezoning? Âq ronri rcrl hv conrii l. i on of severance 7. Why is the rezoning being requested? rond i ti on of severance Staff Report D2009-44 regarding Blondeel Rezoning - Lot Addition File: D14.BLON Page 102 of 269 Municipality of Bayham Zoning ByJaw Amendment Application Page 4 8. Does the pmposcd TnnngBy-law amendment implement a growth boundary no adjustment of a settlement area? If so, atüach separaúely justification or information for the request based on the current OfEcial Plan policies or associated Official Plan amendment. 9. Does the proposed amendment remove land from an area of employment? If so, attach separatd justification or information for the request based on the current Ofñcial Plan policies or associated Ofñcial Plan amendment. 10. Description of proposed development for which this amendment is requested (i.e. permitted uses, buildings or structures to be erected. (Be Specific) Nn nêür hrrilrlinoc nrnnnqad For any proposed buildings or structures on the subject lands provide the following information: Type F¡ont Lot Side Lot Line Rear Lot Line Height Dimensions Line Setback Setbacls Setback 11. Services existing or pro¡rosed for the subject lands: Please indicate witha r' Water Suppty Existing Proposed Municipal Piped Water Supply ( ) ( ) PrivateD¡illedWell ( x) ( ) PrivateDugWell ( ) ( ) CommunalWell ( ) ( ) no Staff Report D2009-44 regarding Blondeel Rezoning - Lot Addition File: D14.BLON Page 103 of 269 Municipality of Bayham Zoning By-law Amendrnent Application Page 5 Lake or ofrer Surface Waûer Body Other Sewage Disposal MunicÞal Sanitary Sewen Individual Septic System Communal System Privy Other ( ( Existing () (x) () () () () () Pmposø () () () () () Note: If the proposed development is on a private or communal system and generate more than 45fi) litres of efÍluent per day, the applicant must include a servicing options report and a hydrogeological rcporL A¡e these reports attached? ffnot where can they be found? Storm Drainage Provisions: Proposed Outlet: No changes proposed 12. How will the property be accessed? ProvincialHighway( ) CountyRoad( x¡Municipal Road - maintained all year ( ) MunicipalRoad-seasonallymaintained( ) Righrof-way( ) Water( ) If access is by water, do the parking and docking facilities exist and what is the nearest public road? Staff Report D2009-44 regarding Blondeel Rezoning - Lot Addition File: D14.BLON Page 104 of 269 Municipality of Bayham Zoning By-law Amendment Application 13. Has the zubject land ever been the zubject of an application under the Planning Act for: Plan of SuMivision ( ) Consent ( Ð 7-oîngBy-law Amendment ( ) Ministers T,onrrg Order ( ) If yes to any of the aboye, indicate the file number and status of the application. E 58/09 approved October 2I, 2OO9 Page 6 14. How is the proposed amendment consistent rvith the Provincial Policy Statement 2005? Minor boundary adj ustment permitted by PPS 15. Are the subject lands within area desþnated under any Provincial Plan(s)? If the answer is yes, does the proposed amendment conform to the Provincial Plan(s)? No 17. The Owner is required to attach the following infonnation with the application and it will form part of the applicatÍon. Applications will not be acceptcd without the following. (a) A sketch based on an Ontario Land Surveyor description of the subject lands showing o the boundaries and dimension of the subject lands; o the location, size and type of all existing and proposed buildings and stmctures, indicating their setbacks f¡om all lot lines, the location of driveways, parking or loading spaces, landscaping areas, planting strips, and other uses; Staff Report D2009-44 regarding Blondeel Rezoning - Lot Addition File: D14.BLON Page 105 of 269 Municipality of Bayham Zoning By-law Amendment Application Pa¿e1 fhe approximate location of all natu¡al and artificial fean¡res (buildings, railways, roads, watercourses, drainage ditches, banks of rivers or she¿ìrns, wetlands, wooded areas, wells and septic tariks) that are on the subject lands, adjacent to the subject lands, or in the opinion of the applicant may affect the application; the current uses of the land that is adjacent to the subject land; the location, width, and name of any roads within or abutting the subject land, indicating where it is an unopened road allowance, a public traveled road, a private road or a rigbt-of- way; the location of the parting and docking facilities to be used (if access will be by water odY); the location and nature of any easement affecting the subject land. (b) Written comments f¡om the Elgin St. Thomas Health Unit, Long Point Region Conservation Authority and Minisûry of Transportation (if applicable). (c) If a private sewage system is necessary, pre-consultation with the Chief Building Offtcial is required about the approval process 18. If this application is signed by an agent or solicitor on behalf of an applicant(s), the ovvner's writtcn authorization must accompany the application. If the applicant is a cor¡roration acting without an agent or solicitor the application must be signed by an ofücer of the cor¡rcration and the seal if any must be affixed. 19, Additional Information as required by Council 20. If this application is to accommodate the consent of a surplus farm dwelling, please provide the followin g information : Date surplus farm dwelling was erected: Please provide the assessment roll number, location, and zoning of the farm pa¡cel with which the subject lands is being consolidated. Staff Report D2009-44 regarding Blondeel Rezoning - Lot Addition File: D14.BLON Page 106 of 269 Municipality of Bayham Zoning By-law Amend¡nent Application ,rh tt¿atrcaz ltu) ç¡¿ø1'zq4 Áz-¿ruoeEz- I / \ile,Danri{Joe , of the Page 8 /77 a'vtct ?n¿,/ Tr' (Ð Name Torvn/Ton'nship/City'ñ'illage etc. ot ß-ul1'rlm ,inthecounty ot affik Ëht)l ,dosolemnlydeclare:-M.u,i" N.n," coilrrÇñ"iZ- that I/ qlfun"owner(s) of the lands described above (iÐ that to the best of my / our knowledge and belief, all of the information and statements given in this application and in all exhibits transmitted are true. (ü¡) that I /we hereby appoint to act as an Agent on my/our behalf in all aspects of this application. day of Owner/Agent And I /'We make this solemn declaration conscientiously believing it to be true, and knowing that it is of the same force and effect as if made under oath, and by virtue of tlnLe "Csnada Evidence Act". DECLAREDBEF'REMEatthe: o #;/ /ê f,urvorr*u,-l o¡ 1"* owner I Lgent " in the County/Region of €/et /this * 4h Øt, "l,n( Staff Report D2009-44 regarding Blondeel Rezoning - Lot Addition File: D14.BLON Page 107 of 269 \rì .o 'Fo mJ F r m SKETCH PREPARED FOR SEIERANCE APPUCATION PART OF LOT 124 CONCESSION SOUTI-I OF TALBOT ROAD GEOGRAPHIC TOWNSHIP OF BAYI-IAM MUNICIPALITY OF BAY{AM COUNTY OF ELGINô oÉ o ot- Fo mJ F L-o ïFlo(/) KIM HUSTED SURVEYING LTD. scALE - 1: 5oo0 (METRIC) ocroBER 28, 2009 z J o_ zo Ø U) Ld C)zoO F É- I ,r, r) C\j L HbF¡I S/ON ÏOW\SH/P KIM HUSTED SURVEYING LTD. ONTARIO LAND SURVEYOR JO HAR\EY STREET, ]ILJ-SONBURG, ONTARIO, N4G 5J6 PHoNE: 519-842-36J6 FAX: 519-842-5659 PROJECT: 04-69708 REFERENCE: FILE Staff Report D2009-44 regarding Blondeel Rezoning - Lot Addition File: D14.BLON Page 108 of 269 THE CORPORATION OF THE MUNICIPALITY OF' BAYIIAM BY-LA\ry NO.Z574-2009 BLONDEEL BEING A BY-LAW TO AMEND BY-LA\il No.7A56-2003, AS AMENDED WHEREAS the Council of the Corporation of the Municipality of Bayham deems it necessary to amend Zoning By-lawNo.2456-2003, as amended; THEREFORE, the Council of the Corporation of the Municipality of Bayham enacts as follows: l) TIIAT By-law No. 2456-2003, as amended, is hereby further amended by amending Schedule "4", Map No. 41, by deleting from the Agricultural (Al) Zone and the Rural Residential (RR) Zone and adding to the site-specific Rural Residential (RR-15) Zone, those lands which a¡e outlined in heavy solid lines and marked RR-15 on Schedule "A" to this By-law, which schedule is attached to and forms part of this ByJaw. 2) TIIAT ByJaw No. 7A56-2003, as amended, is hereby further amended by amending subsection 7.13 Exceptions -Rural Residential (RR) Zone, by adding the following new subsection: *ZTLI!. 7.13.15.1 DefinedArea RR-15 as shown on Schedule uA", Map 4l to this by-law. 7.13.15.2 Additional Permitted Uses The housing of livestock to a maximum equivalent of three (3) nutrient units. " 3) THIS By-law comes into force: a) rWhere no notice of objection has been filed with the Municipal Clerk within the time prescribed by the Planning Act and regulations pursuant thereto, upon the expiration of the prescribed time; or b) Where notice of objection has been filed with the Municipal Clerk within the time prescribed by the Planning Act and regulations pursuant thereto, upon the approval of the Ontario Municipal Boa¡d. READ A FIRST TIME THIS ITth DAY OF Decembet2}Og. READ A SECOND TIME THIS 17th DAY OF December2}Og. READ A THIRD TIME AND FINALLY PASSED THIS lTtr'DAY OF Decemb er 2009. MAYOR CLERK Staff Report D2009-44 regarding Blondeel Rezoning - Lot Addition File: D14.BLON Page 109 of 269 STRAFFORDVILLE (SEE SCHEDULE 'F.. MAP J) T!'rís is Schedule "4" to By-lowNo 2571-2OOg. possed the lTth doy of Decenrber 200-¡ CLERI.. 0 2 50m 5OCrrr - Scole i . 12.50O MAP No. 41 BA Staff Report D2009-44 regarding Blondeel Rezoning - Lot Addition File: D14.BLON Page 110 of 269 CORPORATION OF THE MUNICIPALITY OF BAYHAM STAFF REPORT TO: Mayor & Members of Council FROM: Planning Coordinator/Deputy Clerk SUBJECT: Otter's Edge Estates/Jammie Underhill Farms Rezoning Second Public Meeting Dec.l7l09 7:40pm DATE: December 17,2009 FILE: Dl4.OTTR NUMBER: D2009-45 Purpose To consider rezoning application submitted by Otter's Edge Estates Ltd. and Jammie Underhill Farms Ltd. Background On January 15,2009, Council considered and supported a consent application submitted by Jammie Underhill Farms Ltd. proposing to sever a parcel of land to add to the adjacent property, Otter's Edge Estates Ltd. The consent application subject lands are located in Concession2Part Lots 1l & 12,west side Plank Road. Elgin County Land Division Committee granted the application on February 4,2009. Rezoning is a condition of the consent. On July 16,2009 Council considered the rezoning application at the first public meeting and deferred the application for fuither information. The outstanding required information included additional documented written proof to support the legal non-conforming status of the area in Lot 12 and details of the existing servicing of the seasonal trailer park. Purpose and Effect of the Rezoning The purpose of the amendment is to change the zoning on a 5.9 hectare (14.5 acre) parcel of land situated on the west side of Plank Road, north of Glen Erie Line, in Part Lot 12 &,13, Concession 2 from the Agricultural (41) Zone andthe Special Agricultural (A2) Zoneto a site-specific Agricultural (Al-##) Zone in our Zoning By-law 2456-2003. The effect of the amendment would be to accommodate the severance of that portion of the subject lands in Part Lot 12 to be conveyed to the lands in Part Lot 13 and subsequently recognize an existing seasonal travel trailer park and campground as an additional permitted use in accordance with the "Non-conforming lJses" policies of the Official Plan. Additional zoningregulations will limit the number of seasonal travel trailer sites, buildings, and structures to those that existed in accordance with the Offrcial Plan and that arry new development will require a site plan agreement. Municipal Comments Several discussions have taken place amongst staff, applicant, planner and conservation authority regarding additional information required for the rezoning. Issues discussed and in need of resolve included: establishing the 10O-year flood line, legal non-conforming status of Lot 12 and servicing. After discussions with LPRCA, the applicant retained the services of Spriet Associates, who prepared a "Floodline Mapping" report. LPRCA requested this report to determine the 100-year flood line along the Big Otter Creek whereby determining the number, if any, of trailers located within that flood line. Staff Report D2009-45 regarding Otter's Edge Estates / Jammie Underhill Farms Rezoning. File: D14.OTTR Page 111 of 269 Staff ReportD2009-45 Otter's Edge/Jammie Underhill Farms Page2 In briet the report indicates that the site locations of the trailers in Lot 12 are above the 100-year flood elevation. The attached LPRCA Memo dated December 10, 2009 outlines their comments on the Spriet report and states that they do not object to the rezoning application. Regarding the legal non-conforming status, the applicant provided additional statements from previous owners of the property supporting the applicants' claim that the area in Lot 12 has been used as seasonal camping in one form or another for a substantial number of years, predating planning policy requirements. The planner is supportive of the status of legal non-conforming for the area subject to consent located inLot 12. The servicing, both water and septic disposal, has been an expressed concern of the municipality from the start of the rezoning process. The property is serviced with municipal water and metered at the Plank Road entrance. The majority of the existing seasonal trailers are connected to holding tanks. At the municipality's request, the applicant contacted the Ministry of Environment (MOE) to find out what, if any, requirements there are for private septic systems (holding tanks) servicing the seasonal trailer park. It was determined that a Certificate of Approval is required and Mr. Underhill will be working with the MOE to obtain the approval. The process is expected to take several months to complete. Considering the zoning is a condition of a consent application that will expire on February 4,2010,the applicant is anxious for the zoning to be approved. The applicant acknowledges that the MOE approval is outstanding and suggests that the provided "Letter of Undertaking" (draft available at time of writing), stating that the approval will be obtained, will give Council the assurance to approve the zoningat this time. Staff and the planner are acceptable to the "Letter of Undertaking" and are satisfied the servicing will be addressed properly; the Floodline Mapping report satisfies the LPRCA concems; and the legal non- conforming status has been supported through documentation. Therefore, staff and planner would recommend the rezoning of the subject lands. At the time of writing this report, no written comments from the public have been received regarding the application. Attachments 1. Rezoning application 2. Spriet Associates Flood Line Mapping Report dated November 2009 (Summary &. map 5pgs) 3. LPRCA memo dated December 10,2009 regarding 1O0-year Floodline Mapping (2pgs) 4. Draft Letter of Undertaking 5. DraftZoning By-law 2575-2009 6. IBI Group Memorandum þending)7. MOE letter regarding the Certificate of Approval (pending) Strategic Plan Goal(s) Goal # 6 Provide and encourage attractive lifestyle choices. Staff Report D2009-45 regarding Otter's Edge Estates / Jammie Underhill Farms Rezoning. File: D14.OTTR Page 112 of 269 Staff ReportD2009-45 Otter's Edge/Jammie Underhill Farms Page 3 RECOMMENDATION "THAT StaffReportDzùDg-44 regarding the Otter's Edge Estates Inc. and Jammie Underhill Farms Ltd. rezoning application be received; AND THAT notification requirements as per Section 8.5.2.5 of the ZoningBylaw 2456-2003 are met as there are no modifications to the proposed bylaw amendment only additional information presented, AND THAT the zoning of those lands located in Concession 2 Part Lot12, subject to Elgin County Land Division Consent Application 886/08 owned by Jammie Underhill Farms Ltd.' and those lands in Concession 2 Part Lot 13 owned by Otter's Edge Estates Ltd., be changed from the Special Agricultural (42) Zone and the Agricultural (Al) Zone to a site-specific Agricultural (41- 23) Zone in the ZoníngBy-law 2,456-2003; AND THAT ZoningBy-law 2575-2009 be presented Respectfully submitted, for enactment.tt Planning Coordinator/Deputy Clerk Staff Report D2009-45 regarding Otter's Edge Estates / Jammie Underhill Farms Rezoning. File: D14.OTTR Page 113 of 269 MT]NICIPALITY OF' BAYHAM P.O. Box 160 Straffordville, Ontario NOJ lYO Phone (519) 866-5521 Fax (519) 866-3884 APPLICATION FORAMENDMENT TO THE ZONING BY-LAW OF THE MUNICIPALITY OF BAYHAM This application must be filed with the Planning Coordinator/ Deputy Clerk or designate of the Municipality of Bayham along with a cheque for the required amount The applicant should retain one copy for their records. The information in this form must be completed in full. This mandatory information must be provided with a lee of $!¡!00 (f-oningBy-law Amendment or Temporary Use Zoning Bylaw) or 8 L5,0,0. (Temporary Use Zoning ByJaw Renewal) o, Afl!!.(Zoning Amendment to Remove Holding Provision). If the application is not completed in full, the application will be returned. VWE' J¡uuro UxoBnHn r,, Pnnstonnr, oF JAMMIE UNDERHILL FARMS LrD., shall assume responsibility for any additional costs exceeding the deposited amount related to the said applic¡tion and understand and agree that for payment of said additional costs shall be a condition of this signed application. f abo agree to accept all costs as rendered. J¡,uurn Uxonnnrlr, X'ARMS Lu. ¡.to OrruR's Eucn Esurrs Lro. MUIIICIPATITY OF BAYHAM Property Owner FOR OFFICE USE OI\LY Property Owner - Jammie Underhill, President DATERE.ET'ED, frr rl/oE (c{#otq raY DATE ADOPTED BY COI]NCIL: Prepared April 2007 Staff Report D2009-45 regarding Otter's Edge Estates / Jammie Underhill Farms Rezoning. File: D14.OTTR Page 114 of 269 Municipality of Bayham Zoning ByJaw Amendment Application 1.Registered Owner's Name: Lot 13 - Otter's Edge Estates Ltd. Lott2 - Jammie Underhill Farms Ltd. Address: 54990 Nova Scotia Line, RR #1, port Bu¡well. ON. NOJ lT0 Page2 Phone No. (Home): 519-874-t232 Business: Cel: 519-617-3429 Fax:Email: Lot and Concession (if applicable): Part Lot 12 and 13, Conc. 2,Bayham Are there any other holders of mortgages, charges or other encumbrances of the Subject Lands? If so provide the names and addresses of such persons. Lot 12 - Farm Credit Canada Lot 13 - Bank of Montreal +ppl¡een+¡ Authorized Ägent: Address: 139 Talbot Streel139 Talbot Street TelephoneNo.: 519-773-922I Fax: 519-765-1885 Email: ehsaylawfôamtelecom.net 3. Please specify to whom all communications should be sent: RegisteredOwner ( ) Applicant/AuthorizedAgent ( X ) Legal Description of the land for which the amendment is requested: Concession: 2 Lot: Part of Lots 12 & 13 Reference PlanNo:Part Lot: Street and Municipal Address No.:Parts of 4885 &.4899 PlankRoad What is the size of property which is subject to this Application? Area: 10 - 11 acres approx. É Frontage:irregular shape with Depth: no road frontage m Lot12- October 15,2004 Lot 13 - January 31, 2006 When were the subject lands acquired by the current owner? Staff Report D2009-45 regarding Otter's Edge Estates / Jammie Underhill Farms Rezoning. File: D14.OTTR Page 115 of 269 Municipality of Bayham Znning By-law Amendment Application 4. Existing Official Plan Designation: Lot12 - Agriculture & Hazard Lands Lot 13 - Mobile Home Park & Hazard Lands How does the application conform to the Offrcial Plan? Official Plan Section 8.4.3 and 8.9.1. Page 3 Existing Z,oníngByJaw Classification:Lotl? - Special Agriculture (42) I,qt 13 - Site Specific Mobile Park OfiI-l) What are the current uses of the subject lands? The land is currently used as ¡ seasonal camDsround. If known' provide the tength of time these uses have continued on this property. 1962. If there are any existing buildings or structures on the subject lands provide the following information: Type Front Lot Side I¡t Line Rearlot Line Height Dimensions Line Setback Setbacks Setback Washroom building Pavilion IÏane building (Rec HaI1) If known, provide the dates in which each of these buildings were constructed. AII buildi¡qs predate .Applicant's oh¡nership j¡ 2006. 6. What is the Nature and Extent of the Rezoning? Re-zone area of seasonal cam in Lots 12 & 13 to existins use. Staff Report D2009-45 regarding Otter's Edge Estates / Jammie Underhill Farms Rezoning. File: D14.OTTR Page 116 of 269 Municipality of Bayham Znrtn9By-law Amendment Application Page 4 7. Why is the rezoning being requested? Re-zoning to recognize existing use is a condition of severance.Severance being sought to consolidate all of nd use Ín a rcel with the mobile home park 8. noes the proposed zonÍngBy-law amendment implement a growth boundary adjustment of a settlement area? If so, attach separatelyjustification or information for the request based on the current Official Plan policies or associated Official Plan amendment. 9. Does the proposed amendment remove land from an rrea of employment? No If so, attach separateþ justification or information for the requèst based on the current Official Plan policies or associated Offrcial Plan amendment. 10. Description of proposed development for which thÍs amendment is requested (i.e. permitted uses, buildings or structures to be erected. @e Specific) For any proposed buitdings or structures on the subject lands provide the following informatÍon: T)pe Front Lot Side Lot Line Rear Lot Line Height Dimensions No Line Setback Setbacks No new buildings or structures proposed. Setback structures and uses to be Staff Report D2009-45 regarding Otter's Edge Estates / Jammie Underhill Farms Rezoning. File: D14.OTTR Page 117 of 269 Municipality of Bayharn Zsning By-law Amendment Application 11. Services existing or proposed for the subject lands: Please indicate with a, t Page 5 Water Suppty Municipal Piped Water Supply Private Drilled Well Private Dug V/ell Communal Well Lake or other Surface WaterBody Other Sewage Disposal Municipal Sanitary Sewers Individual Septic System Communal System Privy Other Existing (x) Existing () (x) () () () Proposed () () () () () () Proposed () () () () () Note: If the proposed development is on a private or communal system and generate more than 4500 litres of effluent per da¡ the applicant must include a servicing options tepo.t and a hydrogeological reporL Are these reports attached? If not, where can they be found? Storm Drainage Provisions: Proposed Outlet:Natural dr¿inage to Big Otter Creek exists. 12.How will the property be accessed? Provincial Hiehway ( ) County Road ( Municipal Road - seasonally maintained ( ) ) Municipal Road - maintained all year ( Right-of-way( ) Water( ) x) Staff Report D2009-45 regarding Otter's Edge Estates / Jammie Underhill Farms Rezoning. File: D14.OTTR Page 118 of 269 Municipality of Bayham Zoning By-law Amendment Application If access is by water, do the parking and docking facilities exist, and what is the nearest public road? Page 6 13.Has the subject land ever been the subject of an application under the Planning Äct for: PlanofSubdivision( ) Consent( X ) ZoningBy-law Amendment ( ) Ministers ZonngOrder ( ) If yes to any of the above, indicate the file number ¿nd status of the application. 14. How is the proposed amendment consistent with the Provincial Policy St¿tement 2005? The prcposed anen&rent is a condition of a severance to achierre a lot boundary adjustnenÈ to recognize an ocisting No additional agricultr:ral land is bei¡g used for non-agricultr-rraI purposes. Are the subiect lands within area designated under any ProvincÍal Ptan(s)? If the answer is yes, does the proposed amendment conform to the provincial plan(s)? No. 17. The Owner is required to attach the following informatÍbn with the application and it will form part of the application. Applications will not be accepted without the following. (a) A sketch based on an Ontario Land Surveyor description of the subject lands showing 15. to Land Division Committee No. E86/08. o the boundaries and dimension of the subject lands; Staff Report D2009-45 regarding Otter's Edge Estates / Jammie Underhill Farms Rezoning. File: D14.OTTR Page 119 of 269 ' ' to*"tnality of Bayh¿¡1/sning ByJaw Amendment Application page 7 the location, size and type of all existing and proposed buildings and structures, indicating their setbacks from all lot lines, the location of driveways, parking or loading spaces, landscaping areas, planting strips, and other uses; the approximate location of all natural and a¡tificial features (buildings, railways, roads, watercourses, drainage ditches, ba¡ks of rivers or streams, wetlands, wooded areas, wells and septic tanks) that are on the subject lands, adjacent to the subject lands, or in the opinion of the applicant may affect the application; the current uses ofthe land that is adjacent to the subject land; the location, width, and name of any roads within or abutting the subject land, indicating wfrere it is an unopened road allowance, a public traveled road, a private road or a right- oÊway; the location of the parking and docking facilities to be used (if access will be by water only); (b, ;-'":ïi;ï-î*î';:ï:i:äï',J;.nc.nserva,i.n Authority and Ministry of Transportation (if applicable). (c) If a private sewage system is necessary, pre-consultation with the Chief Building Ofñcial is required about the approval process 18. If this application is signed by an agent or solicitor on behalf of an applicant(s), the ownerrs writtenauthorization must ¡ccompany the application. ffthe applicant is aìãrporation acting without anagent or solicitor the application must be signed by an offìcer of the corporation and the seal if anymust be affixed. 19. Additional fnformation as required by Council 20. If this application is to ¡ccommodate the consent of a surplus farm dwelling, please provide thefollowing information: Date surplus fann dwelling was erected: N/A Please provide the assessment roll number, location, and zoning of the fann parcel with which the subject Staff Report D2009-45 regarding Otter's Edge Estates / Jammie Underhill Farms Rezoning. File: D14.OTTR Page 120 of 269 Municipality of B ayham Znnng By-law Amendment Application lands is being consolidated. Page 8 I / We, Jammie Underhill Ni¡¡,*it of Bayham Li r:n :cípli! ìi.v \a*.i+ DECLARED BEF'ORE ME at the: Town in the County/Region of Elgin dayof lad /f*a , ofthe , in the county of Elgin of Aylmer this Z o# Municipality I ¡ r-..¡ rf r)',r: :r :,i r : p:'( ì iry; Y ¡ ; 1 ¡¡i¡.-. .¡. , do solemnly declare: Owner / Agent {lc;.ut* i\;i¡*e (i) (iÐ that r / we am / are the owner(s) of the lands described above Jammie Underhill Farms Ltd. is the owner of the land in I-at 12, Conc.2,and Otter's Edge Estates Ltd.is the owner of the land in Lot 13, Conc.2. t||t to the best of my / our knowledge and belief, alt of the information and st¡tements gÍven inthis applÍcation and in all exhibits transmitted ¡re true. t!a! r /we hereby appoint BnucnW. FAnn¡r,l to ¡ct as an Agent on my/our behatf in all aspectsof this application. And I / We make this solemn declar¡tion conscientiously believing it to be true, and knowing that it is ofthe same force and effect as if made under oath, and by virtue of the ,rCanadø Evìdence Act,.. (iÍÐ 20 09. A Commissioner, etc. Staff Report D2009-45 regarding Otter's Edge Estates / Jammie Underhill Farms Rezoning. File: D14.OTTR Page 121 of 269 OTTER'S EDGE TRAILER PARK FLOODLINE MAPPING BIG OTTER CREEK Staff Report D2009-45 regarding Otter's Edge Estates / Jammie Underhill Farms Rezoning. File: D14.OTTR Page 122 of 269 OTTER'S EDGE TRAILER PARK FLOODLINE MAPPING BIG OTTER CREEK INTRODUCTION This study was prepared to satisfy a condition of rezoning for the expansion of the Otter's Edge Trailer Park located in the Municipality of Bayham. lts purpose is to determine the location of the limits of the 100 year flood plain with respect to the new park. WATERSH ED CHARACTERISTICS The Big Otter Creek watershed upstream of the park is approximately 712 km2 in size and drains large portions of Elgin, Oxford and Norfolk Counties including the Towns of Tillsonburg, Nonrvich, Courtland and others. The lands are predominantly farm lands with the majority of the soil type being classified as Sand Plain. There are also significant amounts of Till Moraine and Till Plain within the watershed area with these soil types being found in the upstream reaches. The longest defined watenray within the watershed is approximately 101 km long with its slope upstream of Tillsonburg being approximately 0.14o/o compared to a very flat grade of approximately 0.08% downstream of Tillsonburg. FLOOD PLAIN ANALYSIS The flood plain elevations for the 100 year storm were determined by first calculating the creek flows using the Modified lndex Flood Method as outlined in the M.T.O. Drainage Manual. This method is designed for large watershed and is based on regionalfrequency analysis. lt has been modified for Ontario conditions from the original lndex Flood Method. Using the above method and the soils maps for the watershed area, we determined the average Land Use Curve Number (CN) to be approximately 73, with the average watershed slope being 0.1o/o and the upstream watershed area being712.93 km2. Based on these numbers we calculated the estimated 100 year storm flow to be 260m3/s (see attached calculations). This flow appears to be reasonable as a 1979 report by James. F. Maclaren indicates the flows in Vienna downstream of the second tributary are estimated to be 291m3/s, which is within 12To of our calculated flow. (See attached 1993 fax from Long Point Region Conservation Authority). Staff Report D2009-45 regarding Otter's Edge Estates / Jammie Underhill Farms Rezoning. File: D14.OTTR Page 123 of 269 FLOOD PLAIN ANALYSIS (cont'd) The flood plain elevations within the new portion of the trailer park were determined by taking cross-sections through the channel and adjacent banks and determining the water elevation based on the 100 year storm. Elevations were calculated at three locations and are as follows. (Back-up data is shown in Appendix'A')' Upstream Section Middle Section Downstream Section -2- 100 year elevation 177.25 177.28 177.20 These elevations are indicated on the attached plan along with the Trailer locations indicating that none of them are located within the 100 year storm flood plain. SUMMARY ln closing, we believe the estimated 100 year storm flow and subsequent flood plain elevations provide a reasonable estimate of the realworld conditions and prove the Trailers are not within the flood plain. The elevations back up the visual field observation that the north bank of the Big otter creek contains more flood plain as it is generally lower. Respectfully su bm itted, ATES LONDON LIMITED Staff Report D2009-45 regarding Otter's Edge Estates / Jammie Underhill Farms Rezoning. File: D14.OTTR Page 124 of 269 CONCESSION 2 Otlh¡SHIP OF BAYI{AM FLAN sc¡r-¡t,¡oo 0 + f,' DÐroIEs ÐilslNc cRADE c DtrlOlES ÐíS1lNe IRA|ER v DÉ,|OTES VÅCCåNÍ Sm -SURIEY DONE BI KITI HUSIED SURIEYING L'ID. í152 2'l OTTER,S EDGE TRAILER PARK FLOOD LINE MAPPING JAMMIE UNDERHILL Staff Report D2009-45 regarding Otter's Edge Estates / Jammie Underhill Farms Rezoning. File: D14.OTTR Page 125 of 269 / "<rl,s H.W.S. / ,f \\ !''' " 1 + 47 @ H.*l 42 @/HÍI 46 @ HTS 4E @ H.ts 50 @ ,"Ç @ t, t/t/ LOT 12 CONCESSION GEOGRAPHIC TOIVhISHIP OF BAYI- '&" \ - oo ÉN +o s 11820 ê,lS*^- nn|l rot, ro tl(,ou ltt\ìF\\tttìrl\\ Ir\o!ol I I I ro o,o o) l'-.¡d clÌ) z PART 1 Staff Report D2009-45 regarding Otter's Edge Estates / Jammie Underhill Farms Rezoning. File: D14.OTTR Page 126 of 269 Point R RR# 3 Simcoe, Ontario, Canada, N3Y 4K2 1.-579 -428 - 4623 F ax:'L-519 -428-1.520 E-mail: bbravener@lprca.on.ca Web Site: www.lprca.on.ca To:Municipolity of Boyhom Attn :M. Underhill Dole: December 10,2009 From: Subjecl: Bonnie Brovener Resource Technicion Zoning By-Low Amendment Otter's Edge Troiler Pork - Floodline Mopping, Spriel Associotes, doted November 2009 Concession 2, Port Lot l2 & l3 Municipolity of Boyhom Stoff hove now hod on opportunity to review lhe obove noted ond offer lhe following. From the submitted opplicotion, it oppeors thot the opplicont proposes o zoning omendment to recognize o seosonol lrqiler pork thot hos been in existence for opproximotely fifly yeors os well os the rezoning of o second phose of development thot hos occurred in recent yeors. The submilted report from Spriel Associotes Nov. 2009, only reviewed ond provided floodline mopping for the second phose of developmenf . The floodploin colculotion ond ossocioted mopping provided in the report indicote thot the site locotions of the second phose existing troilers ore obove the 100 yeor flood elevolion. Unfortunotely, there wos no floodploin elevotions determined for the portion of the site thot hos been estoblished os o seosonol lroiler pork for opproximotely fifty yeqrs. However bosed on the foct thot this oreo hos been estoblished for o notoble period of time ond the rezoning opplicotion is recognizing on exisling siluotion with no new development proposed, this informotion moy not be required of this time. Should onyfuture development ond/or site olterotion be proposed in this oreo, the Conservotion Authority would require on oddendum to the submitted report to further review the 100 yeor elevotions of this locotion. Staff Report D2009-45 regarding Otter's Edge Estates / Jammie Underhill Farms Rezoning. File: D14.OTTR Page 127 of 269 Bosed on the obove noted, the Conservotion Authority hos no objection to the rezoning omendment. As previously indicoted in our July I 3,2009 comments, portions of the subject property ore locoted within the LPRCA Regulotion Limit, under Ontorio Regulotion 178/06 ond o permit from this office is required for ony development locoted within this oreo. Pleose contocl me if you hove ony queslions in this regord. Yours iruly, B. Brovener Staff Report D2009-45 regarding Otter's Edge Estates / Jammie Underhill Farms Rezoning. File: D14.OTTR Page 128 of 269 U¡¡nenuKING TO: MunlctpnllTt'oFB¡vnt¡vl RE: Appuclt¡oN FoR AMENDMENT ro Zoxrxc Byr,twHlr Dl4 PART Lors l2 & 13, Conc.2, GEo. Twp. or Btyn.lnr The undersigned hereby undertakes to make an Application to the Ministry of the Environment for a Certificate of Approval in respect of the private septic system (holding tanks) servicing the seasonal trailers on the land which is the subject of the above-noted Application for Amendment to Zoning Bylaw and to use best efforts to obtain the Certificate of Approval. DATED: December ,2009. J¡¡rl,lrre UND ERITILL Fn R rvrs Llrvltreo Per: Jammie Underhill Orrrn's Epcn Esrnlss Lro. Per: Jammie Underhill, Staff Report D2009-45 regarding Otter's Edge Estates / Jammie Underhill Farms Rezoning. File: D14.OTTR Page 129 of 269 TITE CORPORATION OF THE MT]NICIPALITY OF BAYHAM BY-LAW NO. 2575-2009 OTTERS EDGE/TJNDERIIILL BEING A BY-LAW TO AMEND BY-LAW No.7A56-2003, AS AMENDEI) WHEREAS the Council of the Corporation of the Municipality of Bayham deems it necessary to amend Zonng By-law No. 2456-2003, as amended; THEREFORE, the Council of the Corporation of the Municipality of Bayham enacts as follows: 1) THAT ByJaw No. 2456-2003, as amended, is hereby further amended by amending Schedule "4", Map No.'l3,by deleting from the Special Agricultural (42) Zone and adding to the site-specific Agricultural (Al-18) Zone,those lands which a¡e outlined inheavy solid lines and ma¡ked Al-23 on Schedule "A" to this ByJaw, which schedule is attachedto and forms part of this By-law. 2) TIIAT Bylaw No. 2456-2003, as amended, is hereby further amended by amending Schedule "4", Map No. 74, by deleting from the Agricultural (Al) Zone and adding to the site-specific Agricultural (41-18) Zone,those lands which are outlined in heavy solid lines and marked Ll-23 on Schedule "B" to this ByJaw, which schedule is attached to and forms part of this By-law. 3) TIIAT By-law No. 2456-2003, as amended, is hereby further amended by amending subsection 5.ll Exceptions - Agricultural (Al) Zone, by adding the following ne\ry subsection: nttrlf,! 5.1I.18.I Defíned Area AI-23 as shown on Schedule "A", Map Nos 73 & 74 to thß by-low. 7.13.15.2 Permítted Uses An existing seasonal trqvel trailer park in addition to all other uses permitted in the AI Zone. 7.13.15.3 Permitted Buíldínes and Structures Existing buildings and structures, including a maximum of 80 servíced seasonal trsvel trailer sites, and a moximum of 28 unserviced sítes S upp lemental Reg ulatíons No seasonsl trqvel trailers shall be located below the 100 yearflood 7.13.15.3 Staff Report D2009-45 regarding Otter's Edge Estates / Jammie Underhill Farms Rezoning. File: D14.OTTR Page 130 of 269 line without written consent from the Long Point Region C o n s erv atio n Author ity " 4) THIS By-law comes into force: a) 'Where no notice ofobjectionhas been frledwiththe Municipal Clerkwithinthetime prescribed by the Planning Act and regulations pursuant thereto, upon the expiration of the prescribed time; or b) Where notice of objection has been frled with the Municipal Clerk within the time prescribed by the Planning Act and regulations pursuant thereto, upon the approval of the Ontario Municipal Board. READ A FIRST TIME THIS 17ü' DAY OF December 2009. READ A SECOND TIME THIS 17th DAY OF Decembet2}Og. READ A THIRD TIME AND FINALLY PASSED THIS 17ü' DAY OF DCCEMbEI 2009. MAYOR CLERK Staff Report D2009-45 regarding Otter's Edge Estates / Jammie Underhill Farms Rezoning. File: D14.OTTR Page 131 of 269 This is Schedule "A" to By-low No 2575-2O09, possed the lTth doy of December 2009 CLERK MAP No. 73MUNICIPALITY OF BAYHAM SCHEDULE'A' O 250m 500m# Scole 1 : 12,500 Staff Report D2009-45 regarding Otter's Edge Estates / Jammie Underhill Farms Rezoning. File: D14.OTTR Page 132 of 269 Staff Report D2009-45 regarding Otter's Edge Estates / Jammie Underhill Farms Rezoning. File: D14.OTTR Page 133 of 269 Page 134 of 269 '7 CORPORATION OF THE MT]NICIPALITY OF BAYTIAM STAFF MEMORAI\DIJM TO: Mayor & Members of Council DATE: December 14,2009 FROM: Administrator FILE: T D ? SUBJECT: Road Closure Application - Concession 5 and South Gore This Memorandum is to further consider closing and conveying a portion of the unopened road allowance between Concession 5 and Concession South Gore in Lots l, 2, and3. At the previous Council meeting of December 3, 2009, Council considered the above mentioned road closure application, and gave first reading to By-law No. 2009-134. At that meeting, it was indicated that the applicant would abandon the closure of Part 4, Plan l1R-9100, due to the impacts on abutting property owned by Robert and Rosina \Mhite. Mr. White had supplied a letter to Council outlining the concern. Subsequent to the meeting, the applicant (Mr. John S/alker) and Mr. White have held further discussions, and the attachedjoint letter has been received (attached). The letter requests that each obtain one-half of the portion of the subject road allowance in Lot I (westerly of Richmond Road). Staff have amended ByJaw No. 2009-134 accordingly to implement this request. Staff Memorandum regarding Road Closure Application - Concession 5 and South Gore. File: T09 Page 135 of 269 December 7,2009 MUNICIPAIITY OF B,qYHAIVI John M. walker and Robert white agree to split the purchase of the unopened 66 foot road allowance at con 5 N Pt Lot 1 from the Municipality of Bayham. John and Robert will each purchase 33 feet of the unopened road allowance' Robert White Staff Memorandum regarding Road Closure Application - Concession 5 and South Gore. File: T09 Page 136 of 269 TIIE CORPORATION OF TIIE MT]]VCIPALITY OF BAYHAM BY-LAW 2009-134 BEING A By-LA\ry TO STOP Up, CLOSE AND COI{VEY PART OF TIIE TJNOPEI\ED ROAD ALLOWAI\ICE BET\ryEEN CONCESSION 5 AND CONCESSION SOUTH GORE IN LOTS 1, 2 AND 3, BEING PARTS 1,2 3 AND 4 PLAI\ lrR-9100. WHEREAS Section l1 of the Municipal Act"200l, S.O.2001, c. 25 as amendedprovides that a lower tier municipalþ may pass by-laws respecting Highways, including parking and traffrc onhighways; AND WIIEREAS Section 8 of the said Municipal Act provides that a municipalþ has the capacity, rights, powers, and privileges of a natural person for the pu{pose of exercising its authority under this or any other Act; AI\[D WHEREAS Section 34 Q) of the said Municipal Act provides that a by-law permanently closing a highway shall not be passed without consent of the Government of Canada if the highway abuts on land including land covered by water, owned by the Crown in right of Canada; AI\D \ryIIEREAS consent of the Government of Canadapu¡suant to Section 34 Q) of the Municipal Act,200l, S.O. 2001, c.25 has been received by letter dated November 23,2009; AI\D WHEREAS notice of intent to pass this ByJaw has been published once in the Aylmer Express, a newspaper of general circulation to the area; AI\D \ryHEREAS the Council of the Corporation of the Municipality of Bayham has hea¡d in person" or by counsel, solicitor or agent, all persons claiming that their land will be prejudicially affected by this By-law and who applied to be hea¡d; AND WHEREAS the Council ofthe Corporation ofthe Municipality of Bayham deems it expedient to stop up, close and convey those parts ofthe road allowance between Concession 5 and Concession South Gore in Lots l, 2 and3, designated as Parts 1,23 and4 on Plan l lR- 9100, and to convey such parts to the adjoining land owners. TIIEREX'ORE TTIE COUNCIL OF'THE CORPORATION OF TIIE MTTMCIPALITY OF'BAYIIAM ENACTS AS FOLLOWS: 1. THAT upon and after the passing of this By-law those portions of the unopened road allowance described as Part of the road allowance between Concession 5 and Concession South Gore in Lots l, 2 and 3, in the Municipality of Bayham, County of Elgir¡ (Geographic Township of Bayham), designated as Pans 1,23 and4 on Plan 11R-9100, be and a¡e hereþ closed and stopped up. 2. TTIAT part of the said unopened road allowance described as Part of the road allowance between Concession 5 and Concession South Gore in Lots l, 2 and3, inthe Municipalþ of Bayham, County of Elgin, (Geographic Township of Bayham), designated as Parts 1,2, and 3 on Plan l lR-9100 shall be conveyed to John Matthew Walker and Jon Solon Walker Staff Memorandum regarding Road Closure Application - Concession 5 and South Gore. File: T09 Page 137 of 269 for consideration in the amount of $14,000 plus reimbursement of legal, advertising, survey, and appraisal costs. 3. THAT part of the said unopened road allowance described as Part of the road allowance between Concession 5 and Concession South Gore in Lots 1 inthe Municipality of Bayham, County of Elgiq (Geographic Township of Bayharn), designated as Part 4 on Plan 11R-9100 shall be conveyed to Robert White and Rosina White for consideration in the amount of $3,605 plus reimbursement of applicable legal, advertising, survey, and appraisal costs. 4. TTIAT the Mayor and Clerk of The Corporation of the Municipality of Bayham be and they are hereþ authorized and directed to execute such deeds or other documents as may be necessary to effect conveyances of those parts of the said road allowances described herein and which have been stopped up and closed. 5. TIIAT this by-law shall be registered in the Land Regisûry Office for the Regrs¡y Division of Elgin, (No. 1l). READ A F'IRST TIME this 3rd day of December 2009. MAYOR CLERK READ A SECOI\I) AI\ID THIRD TIME AND FINALLY PASSED this 17th day of Decemberr2009. MAYOR CLERK Staff Memorandum regarding Road Closure Application - Concession 5 and South Gore. File: T09 Page 138 of 269 Municipality of Bayham Building Permits For The Montb of November 2009 D¡te:Dec-02-2009 File: PlO No.Date Roll#Permlt IIoIder Property Dercrlptlon Bulldlng Tvpe V¡lue Permit Fee Septlc /Sewer Feet252-Nov )-003-08600 Pihokker, Frank í8t26 Caltnn Line install mobile home for seasonal help 600so ft 4.000 75.0(350.0(126 3-Nov )-005-15500 Shepherd, Georse i5342 Best line coûstruct ong sûorey barn addition l200sq ñ 13.000 351.0( 127 20-Nov )-005-l13ll Vanderleeuu Willern i4152 Be.st Line one storey modular home w/att sa¡ase 2004so ft 163.000 997.0(350-0(t28 23-Nov 4-001-09505 Ihiessen. Henrv 38 Fulton Sheet one storey house ilatt ga¡age 2730sq ft 142-00(t426.0(175.0(t29 24-Nov 0-004-01300 Patùen, Andrew 9142 Plank Road one storey addition & interior renovations 579soft 90.00(344.0( 130 27-Nov 0-005-l I 190 iliebert, Peter 54066 Best Line one store,y hous e w latil. car¿¡se 21 43so ft 150_00(Il8t.0(350.0(3O-Nov 2-001-108000 lqlc DougIJI 64 Shakespea¡e Street ronstruct oÞeri deck to front ofhouse 36so ft 50c 75.0( November-09 562J00 4.449.00 l22S-O( ZOO9YEARTODATE 8J27.54E 61274.00 11450.0f November-08 504-50f 7.066.00 600.0( ¿OOSYEARTODATE 8399.19i 74.419.00 9025.0( Prepared by: sMl2/10/2009 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 t h e m o n t h e n d i n g N o v e m b e r 3 0 , 2 0 0 9 . F i l e : P 1 0 P a g e 1 3 9 o f 2 6 9 Page 140 of 269 2009.07.22 6.3 9050 MUNICIPALITY OF BAYHAM Accounts Payable Royal Bank Cheque Register - 1210312009 OOOO75 AYLMEREXPRESS 2010 renewal 20í0 SUBSCRIPTION RENEWAL 12lO'll2OOg I 1210312009 1:16PM 000165 cARRMCLEAT¡ 690665 Cheque Amount - HYGROTHERMOGRAPHCHARTS 1111812009 I Cheque Amount - 11t30t2009 I 38.85 32.13 007613 000193 cráYToN coLLvER workboob'O9 WORKBOOTS OOO2O5 CONSEIL SCOI.AIRE DE DISTRICT Dec'09 lery SCHOOL LE\A/ 000206 CONSEIL SCOLAIRE PUBLIC DU Dec'09 lely SCHOOL LE\¡/ OOOIOO CORPORATE EXPRESS 23925451 PAPER, DRYERASE BOARD 001631 DAVID & HEATHER DOWLING 060 WATER PROJECT; TREE REMOVA 1ZUr2@9 I 32.13 200.00 007614 Cheque Amount - 0912512009 I 200.00 1,756.00 007615 Cheque Amount - 0912512009 I 1,756.00 547.00 007616 Cheque Amount - 1',U2512009 I 547.@ 132.45 007617 Cheque Amount -132.45 1,362.50 007618 OO1110 DOUGAT.IDERSON workboots'09 WORKBOOTS 000@1 DPoc 061 POSTAGE OOO272 DYNAMIC FLUID PRODUCTS INC t-944174 CRTMPS 1.944344 CRIMPS, HYDRAULIC I-944524 CRIMPS, HYDRAULIC HOSE OOO345 FOREST CITY COMMUNICATIONS LTD 0000375070 CHARGER, BRACKET OOO357 G& K SERVICES CANADA INC Cheque Amount - 1'U2712009 I 1,362.50 186.43 007619 o07622 oo7623 Cheque Amount - fto3no09 I 186.43 1,050.00 Cheque Amount - 1'112712009 11t30t2009 1',v30t2009 1,050.00 13.95 007621 331.'.t4 00762',1 100.18 007621 I I I Cheque Amount - 1111912009 I 445.27 559.92 Cheque Amount -559.92 178.941518483736SHOP TOWELS, FLOOR MATS 1112612009 Page Cheque Register being Cheque #7612 to Cheque #7697 inclusive, except Cheques #7499 and #7594 totaling $894,529.44 and Page 141 of 269 2009.07.22 6.3 9050 MUNICIPALITYOF BAYHAM Accounts Payable Royal Bank Cheque Register - '1210312009 1210312009 1:16PM Cheque Amount - 178.94 OO1O27 GREEN LEAAG CENTER INC 0000100124 cLAMps 1'U26t2009 I 16,19 007624 Cheque Amount - 16.19 000446 JACKIEBOOTLE Nov15/09-Decl5/09 MANAGER FEES 1113012009 I 791.66 æ7625 ChequeAmount- 791.66 OOO5O1 KEVIN BR.ADFIELD workboots'O9 WORKBOOTS 1112512009 I 41.8't 007626 Cheque Amount - 41.81 OOO519 KYLE KRUGER mþ -AII/CTO AMCTO MEETING 1119012009 I 288.31 007622 Cheque Amount - 288.31 000526 IáEMERS TRUCKING LTD 21256 REMOVE PI-AYGROUND EQUIPME 11t20t2009 I 525.00 007628 ChequeAmount- 525.00 OOO552 LONDON DISTRICT CATHOLIC Dec'09levy SCHOOL LE\tr 0912512009 I 38,916.00 007629 Cheque Amount - 38,916.00 OOO555 LONG POINT REGION CONSERVATION o5214c 4TH QUARTER - DECEMBER 01l23l2oos I 11.0'15.50 007630 ChequeAmount- 11,0'15.50 OOO574 MARGARET UNDERHILL supplies; awads VOLUNTEER AWARD SUPPLIES 12l01l200g I 42.49 007631 Cheque Amount - 42.49 000633 NATURAL RESOURCE GAS LIMITED Nov FI929GO1 UTILITIES - EDISON MUSEUM 1112012009 I 13.32 007632 Nov F20600{1 UTILITIES - V.C.C. 1112012009 I 39.68 007632 Nov F26864{1 UTILITIES - PUMP#6 1112012009 I 13.45 007632 Nov G0621041 UTILITIES - PB LIBRARY 11l21l2}Og I 56.00 007632 Nov G06305{l UTILITIES - MARINE MUSEUM 1112112009 I 188.97 007632 Nov G0630741 UTILITIES - PB FIREHALL 1112112009 I 262.96 007632 Nov G1570G01 UTILITIES - O.P.P 1'112112009 I 12.08 007632 Nov G40,()7{1 UTILITIES - PB GARAGE 1112112009 I 12.08 002632 ChequeAmount- 598.54 000699 PERRYGRANT milease'09 MILEAGE - FIRE DEPT BUSINESS 11l30l211g I 143.50 007633 Page 2 Cheque Register being Cheque #7612 to Cheque #7697 inclusive, except Cheques #7499 and #7594 totaling $894,529.44 and Page 142 of 269 2009.07.22 6.3 9050 W0727 PUROI.ATOR COURIER LTD 4068ô7378 COURIERSERVICE @0742 RBC LIFE INSURÁNCE COMPAIIY MUNICIPALITY OF BAYHAM Accounts Payable Royal Bank Cheque Register- 1A03l2OOg Cheque Amount- lln0na09 f 12l0gl2009 1:16PM 007634 1¿18.50 24.58 21842 Nov'09 2',te/.2o(,09 NOVEMBER'09 REMIT OCTOBER'09 REMIT 24.æ 68.15 007635 68.15 007635 001062 SPICERSBAKERY 7056 S|-AB CAKES OOO832 SPRIETASSOCIATES 09{60Í} OTTERS EDGE DRAIN OOO879 THAI'ES VALLEY DISTR¡CT SCHOOL Dec'09 levy SCHOOLLE\tr Cheque Amount:. ún1Pñ9 I Cteque Arnounl - 'toß1næ9 I Cheque Amount - 09/25t2009 | Cheque Arnount r -sc8AcìtTNDERS 11t30n009 I ChequeAmarnt- pß1n@9 I ChequeAmount- 11n4f2w I 62.90 5,225.57 136.30 62.90 007636 007639 007410 007il2 5,225.57 295,444.00 007638 OOI2OO TODD MCMILLAN bavel - reimburse MILEAGE OOO925 TRILLIUM RAILWAY COMPA}.IY PCK1552 SIGNALS OOIO59 WLUAi/l KNITTON 2010 marbership accommodations ChequeArnount- OACETTMEMBERSHIP2OlO 12IW2O@ oBoATRATNTNG COURSE 11f27f2o}g 16/,.70 560.98 560.98 20/'52 007641 363.48 @7æ1 OOO982 WLTSIETRUCKBODIES LTD 2¡243 HYDRAULICBREATHERCAP 568.00 9.U ChequeAmount- Cheque Run Total -361,070.76 Page Cheque Register being Cheque #7612 to Cheque #7697 inclusive, except Cheques #7499 and #7594 totaling $894,529.44 and Page 143 of 269 2009.07.22 6.3 9050 001610 CPCSTRANSCOM LIMITED 092f &1 csT MUNICIPALIryOF BAYHAM Accounts Payable Royal Bank Cheque Register - 1A0412009 1023t20n,9 I Cheque Amount: Cheque Run Total - Prc4n009 l:50PM 007643 1,570.35 Page Cheque Register being Cheque #7612 to Cheque #7697 inclusive, except Cheques #7499 and #7594 totaling $894,529.44 and Page 144 of 269 2009.07.22 6.3 9050 OO@23 AAROCAGGREGATES LTD J059731 OOOO33 AGLINE 1202278 MUNICIPALITY OF BAYHAM Accounts Payable Royal Bank Cheque Register - 1211012009 1A1U20O9 1:55PM oo7u490.58RECYCLED ASPHALT OIL FILTER, HYDRAULIC RIB HOSE GASKETS MESH SCREEN, GRINGS 11f26n009 I Cheque Amount - 1'U24f2@9 I 90.58 98.96 007645 000036 AGRO SPRAY LIMITED 170730 170738 't70746 001337 AROUNDABOUTBAYHAM holiday ad 001448 BIGAG SERMCES INC. INTERNET - OFFICE INTERNET - EDISON MUSEUM INTERNET - MARINE MUSEUM INTERNET- GARAGE MONTHLY TELEPHONE SEASONAL DISCONNECT Cheque Amount -98.96 18.30 007646 5.04 æ7ô46 32.66 007A16 1112612009 11130n009 12lO1f2@9 OOOO44 ALISAR AGGREGATES INC 20033969 WNTER SAI.ID OOOO52 AMTELECOMCOMMUNICATIONS Dec 0060257907 Dec 0060341982 Dec 0060408229 Dec 00604933t17 Dec 5198665521 Dec 51987¡14054 Cheque Amount -56.00 1113012ú9 I 4,699.30 @7æ7 Cheque Amount - 1210112009 1210112009 1AO1n@9 12101f2009 12101f2009 1210112009 4,699.30 85.00 007e{8 48.25 007648 48.25 007648 28.30 007648 1,225.39 007648 100.66 007648 OOOOTO ATKINSON, DAMES INC OO2822O PCPUPGRADES 0028335 COMPACTION TESTING OOOOS.I AYLMERTIRE 0000060210 REPAIR TRACTOR TIRE OOOO95 BAYHAM COMMUNITY INITIATIVES 063 Cheque Amount - ' SURVIVE THE HOLIDAYS AD 1?/0312009 I Cheque Amount - 1010112009 11lO1l2@9 Cheque Amount - fir2512009 r Cheque Amount - ClTlzEN OF YR REQUESTED DON¡ 12J0912009 I Cheque Amount - SPREAD LIQUID BIGSOLIDS 1111312009 I 31.50 1,399.39 007650 436.01 007650 1,535.85 31.50 007649 007651 0o7652 007653 r,835.40 r88.88 188.88 150.00 150.00 6,583.50186 Cheque Amount -6,583.50 Page Cheque Register being Cheque #7612 to Cheque #7697 inclusive, except Cheques #7499 and #7594 totaling $894,529.44 and Page 145 of 269 2009.07.22 6.3 9050 OOO154 CANADIAN KOOLWATER 2-1805 2-',t867 2-1869 2-1904 ooo220 CJDL 5/,52 5462 5401871-00 OOO322 EVANS UTILITY 0000135325 0000't35326 0000í35383 MUNICIPALITYOF BAYHAM Accounts Payable Royal Bank Cheque Register - 1211012009 11t03t2009 1',v17f2009 11t17t2009 11t24t2009 Cheque Amount - 121'1012009 1:55PM WATER BOTTLES WATER BOTTLES WATER BOTTLES CONE CUPS SEPTAGE RECEIMNG WATER SYSTEM RENEWAL COMP CPLG 83.00 007654 48.00 007654 32.00 007654 141.25 007654 Cheque Amount - OOOIOO CORPORATE EXPRESS 23938685 STAPLER, WEEKLY PL.A¡.INERS 11126120É,9 I OOO212 COUNTY OF ELGIN tN000018944 PoLtcE SERVTGES DEC'09 OOO272 DYNAMIC FLUID PRODUCTS INC l-94498{ ORTNGS 001515 EAST ELGIN FAMILY HEALTH TEAIr/l OOO299 ELGIN PURE WATER 0000154979 MONTHLYRENTALCHARGE 001565 EMCO CORPORATTON 12101t2009 I Cheque Amount - 1112712009 1U0?/20æ 304.25 2,5'14.14 1,514.10 007655 007655 007656 007657 007658 007659 007660 007661 007662 007662 007662 007664 4,028.24 7',t.58 Cheque Amount -71.58 56,856.261210312009 I Cheque Amount -56,856.26 12102J2009 I Cheque Amount - NURSE PRACTITIONER 1OI3OI2OO9 I 2,699.80 Cheque Amount -2,699.80 10.û 't0.40 105 106.58 íP7n009 I 106.58 1,200.06 WALL RECEPTACLES REPAIR CI.AMPS, CENTRE STOP COPPER PIPE, PLUGS Cheque Amount -1,200.06 507.09 1,446.86 1.133.96 1112412009 11t24t2009 1113012009 I I I 001016 FARM & CONSTRUCTION EQUIPMENT 9540 OOO334 FASTEML CANADA ONTIS3O776 SUPPLIES REPAIR PUMP, SERVICE REPAIR 12IO8I2OO9 I Cheque Amount i Cheque Amount -3,087.9'l 313.58 007663 313.58 39.461112512009 I Page Cheque Register being Cheque #7612 to Cheque #7697 inclusive, except Cheques #7499 and #7594 totaling $894,529.44 and Page 146 of 269 2009,07.22 6.3 9050 OOO339 FIRESERVICE MANAGEMENT LTD 419569 SUITCLEANING OOO991 HORVATHAUTOPARTS 196348 I.AMP. STROBES 196351 DECALS @042I HYDRO ONE NETWORKS INC MUNICIPALITY OF BAYHAM Accounts Payable Royal Bank Cheque Register - 121'1012009 Cheque Amount - 12r'03t2009 I Cheque Amount - 11t26t2009 1112612009 Cheque Amount - 1211012009 1:55PM 39.¿16 r69.48 007665 169.¿lt¡ 252.92 007666 6,8.93 æ7666 Dec 01 181-23005 Dec 06571-44066 Dec 1885O12458 Dec1897144027 Dec 18971-52001 Dæ,25250-12302 Dec 2879940004 Dec 35791¿t3000 Dec 4385G12451 Dec 5025&12458 Dec 62760-43000 Dæ,62770-20225 Dec7525ù'12272 DecBTTTù20012 Dec 9385G12278 Dec 9385G91019 Dec9397ù203/,2 000217 IBtGROUP 219261 OOO485 JUST PIPE & FITTING INC. 015551-2 OOO5IO KLASSEN AUTO PARTS 142266 't42501 142524 1425æ 142601 UTILITIES - INTERP CENTRE UTILITIES - METER CHAÀTBER UTILITIES - PB LIBRARY UTILITIES - METER CHAMBER UTILITIES - BOOSTER PUMP UTILITIES - OPP OFFICE UTILITIES - PUMP# 1 UTILITIES - PUMP# 6 UTILITIES - PB CENTENNIAL PARK UTILITIES - MARINE MUSEUM uTtLrTtES - E.C.C. UTILITIES - VIENNA MEM PARK UTILÍTIES - PB LIGHTHOUSE UTILITIES - EDISON MUSEUM UTILITIES - PB FIREHALL UTILITIES - PUMP# 7 uTtLtTtEs - v.c.c. 321.85 56.62 007667 42æ 007667 81.38 007667 67.83 007667 80.85 007667 49.50 007667 238.46 @7667 491.46 007667 82.50 007667 34.95 007667 128.36 007667 71.45 007667 u.76 007667 171.13 007667 122.36 007667 62.00 007667 715.60 007667 1210112009 1'/0312009 1?/0lr2009 1210112009 1ZUn009 1Aæt2009 12101120f9 1i/0ø't2009 12J03t2009 1210112009 1iJ0112009 1,,04n009 1ZOlnOOg 12JO1f2009 't2101t2@9 12lO1t20Æ/9 't2!01t20p/9 I I I I I I I I I I I I I I I I I Cheque rôimount - 1112012009 ICONSULTING FEES PIPE, WRAP COUPLER TRAILER BALL ANTENNA GENO PACKS SPRING GUAGES,THRDLOCKER Cheque Amount - 1111912009 r 2,561.87 3,094.56 007668 007669 3,094.56 1,020.26 Cheque Arnount -1,020.26 8.38 007670 14.93 007670 10.17 007670 4.99 007670 41.61 007670 1110212009 1',|10/,12009 11104t2009 1110512009 1110512009 I I I I I Page Cheque Register being Cheque #7612 to Cheque #7697 inclusive, except Cheques #7499 and #7594 totaling $894,529.44 and Page 147 of 269 2009.o7.22 6.3 9050 142602 142622 1-43939 144003 r44019 GLOVES V BELT ZIP TIES, ROCKER FUSE HOLDER, BI.ADE BOXES LIGHT BULB MUNICIPALITY OF BAYHAM Accounts Payable Royal Bank Cheque Register - 1211012009 1211012009 1:55PM 11t0s12009 1110512009 11t24t2009 1112412009 1'l|12512009 20.07 007670 3.44 007670 19.24 007670 9.36 æ7670 17.71 007670 I I I I I OOO5I3 KOOLEN ELECTRIC 15122 INSTALLRECEPTACLES OOO538 LEVITT€AFETY LIMITED 162788340 Cheque Amount - 1U0?/2009 I Cheque Amount - BENCH TESTS, RESP EQUIP 1112ü2009 I Cheque Amount - 149.90 520.61 007671 OOO235 LIPPERT & \A/RIGHT FUELS LTD. 71813 75933 7593/. 7æ72 7æ73 78674 ULS DIESEL REG GAS DIESEL DYED ULSD ULS DIESEL DIESEL DYED ULSD REG GAS GAS HOSE. FITTINGS SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES 1',U03t2009 1111112009 11111120fr9 111251200,9 1112512æ9 11t25t2æ9 1,079.15 1,909.87 æ7673 952.23 007673 779.88 007673 1,il2.58 007673 1,078.43 007673 't,476.22 007673 520.61 I,079.15 007672 o07674 007674 007676 Cheque Amount - 11t12Í2@9 1111412009 7,739.21 83.00 1't.26 OOO573 MARC'S GAS BAR & VARIETY 15 33 '09 OOO581 MARVIN'S ROOF REPAIR 288[195 EAVESTROUGH CLEANING 288396 UNPLUG DRAINS - E.C.C. OO13O7 MINISTRY OF NATURAL RESOURCES '1051760 ANNUAL RENTAL JAN - DEC 2O1O 1112412009 I Cheque Amount - 000617 MUDFORD FAMILY FOOD TOVVNI Cheque Amount -94.26 908.25 007675 257.25 007675 1?/02/2009 1?/08n009 Gheque Amount -I,165.50 189.00 't0't10485527 10'110491791 '10110492036 101 10495135 '101't0496812 101 10497904 101 't 0498693 0912612æ9 1U22r'2009 1012312009 1',v05t2009 1111U2009 1',v1612@9 11t20t2009 I I I I I I I 189.00 11.94 007677 't5.91 007677 8.18 007677 8.18 007677 8.18 007677 6.19 @7677 8.18 007677 Page Cheque Register being Cheque #7612 to Cheque #7697 inclusive, except Cheques #7499 and #7594 totaling $894,529.44 and Page 148 of 269 2009.07.22 6.3 9050 MUNICIPALITY OF BAYHAM Accounts Payable Royal Bank Cheque Register - 1211012009 1112512009 1112612009 1112612æ9 12/102009 1:55PM r0t 10500045 101't0s00068 I 01 10500083 SUPPLIES SUPPLIES - VOLUNTEER AWARDS SUPPLIES 14.85 007677 79.12 007677 1',t.87 007677 Cheque Amount - 001¿180 NEWRO SALES (20Or) LTD 66132 REPAIRABS PUMP 000647 NORFOLK DISPOSAL SERMCES 124479 GARBAGE DISPOSAL fit17n009 I Cheque Amount - 1113012009 I Cheque Amount - OO153O NORTRAX P92513 YOKE, SEAL 1210212009 I Cheque Amount - qrc657 OMEGA CONTRACTORS 4570942 WATER RENEWAL PROGRAIÚME 1ZOA2OO9 I 4æ.25 36,012.10 172.60 480.25 007678 007679 007680 007683 0076&t 007685 36,012.10 227.15 227.15 378,541.30 007681 OOOTIO PORTBURWELLHOME HARDWARE SCISSORS, KNIFE STAPLES BOLTS DRILL BIT MARKER LIGHTS ELECTRICAL TAPE coRD, LtGt-fTs CABLE TIES, CORD DUCTTAPE LIGHT SET I.AMPS FUEL HANDLING SAFETY Cheque Amount - 1110412009 11t05t2009 't1t09t2009 1111012009 1',v12Í2009 11f23t20æ 1112312009 11f24t2æ9 11t24r2æ9 11t24t2@9 11t26t2009 11t28t2m9 378,91.30 2't.43 007682 4.74 æ7682 3.s7 007682 6.Tt OO7æ2 2.81 007682 21.43 007æ2 1.00 007682 82.30 æ7682 27.4't OO7æ2 6.20 007682 13.55 007682 19.19 007682 7413 7419 7427 7428 7433 7459 74æ 7463 7465 74æ 7472 7477 I I I I I I I I I I I I OOO7I6 PRAXAIR DISTRIBUTION 08028399 CYLINDERS 001612 PRIORITY HEALTH & SAFETY PH5365' OOO737 RAMONAPEIDL 237364 Cheque Amount - 1112712009 I 210.40 21.71 Cheque Amount - 1012u2009 I 21.71 210.00 Cheque Amount -210.00 1,018.00NOV'09 CLEANING 1113012009 I Page Cheque Register being Cheque #7612 to Cheque #7697 inclusive, except Cheques #7499 and #7594 totaling $894,529.44 and Page 149 of 269 2@9.07.22 6.3 9050 237365 237366 ff)0770 RODGER MARTIN #l I '09 000806 scs cA¡tADA tNc 10389797 10389799 10389800 10390393 x1t247170 x11247202 MUNICIPALIry OF BAYHAM Accounts Payable Royal Bank Cheque Register - 1211012009 1211012009 1:55PM NOV'09 CLEANING V.C.C. NOV'09 CLEANING - S.C.C I.AB FEES I-AB FEES I-AB FEES tÂB FEES NOMINATIONS FOR VOLNTR OPEN HOUSE -AD 1113012009 1113012009 591.50 007685 1,267.50 007685 OOO747 REID'S PRE4AST CEMENT PRODUCT 6678 BOSS 2000 6703 STEEL CUL\ÆRT 1110912009 11t1612009 Cheque Amount - K-9 CONTROL NOVEMBER'09 11t30t2009 I Cheque Amount - Cheque Amount -2,877.00 338.10 007686 60.74 007686 11f25n009 11t2512009 11125120t9 11.n612009 1,431.15 385.35 007688 195.30 007688 56.70 007688 908.26 007688 I I I I 398.84 1,431.15 007687 007689 007693 OO.1 106 SIEMENS WATER TECHNOLOGIES t041116 B|OX|DE 0æ827 SOUTHWESTERN FIRE PROTECTION 1928 't924 1925 1927 1929 1930 OOI632 SPECIALTY TECHNICAL PUBLISHERS 1527178 001482 SUN MEDÍA CORPORATION 11123f2@9 I Cheque Amount - ANNUAL TNSPECTION - V.C.C. l0/30/2009 ANNUAL INSPECTION - OFFICE 10/302@9 ANNUAL INSPECTION -STRAF FIRI 1O|3O2OO9 ANNUAL FIRE INSPECTIONS S.C.C 1O/3OI2OO9 ANNUAL INSPECTION - PB FIREH¡ 1OI3OI2OO9 ANNUAL INSPECTION - PB LIBMF 1OßON0f,9 Cheque Amount - Cheque Amount -'t,545.61 3,875.90 3,87s.90 528.81 007690 78.75 007690 78.75 0076S) 6't7.12 007690 169.77 007690 78.75 007690 I,55'1.95 592.20 007691ENVIRONMENTAL LAWGUIDE O9I24I2OO9 I Cheque Amount - 11tO?,2009 11t06t2009 592.20 176.40 007692 196.01 007692 Cheque Amount - OOO9I3 TOWI.ISHIP OF MAI.AHIDE 09427 OCTOBER WATER INFRASTRUCTI 1111812009 I 372.41 589.30 001633 TRADITIONAL EXPLORERS ASSOCIATION Cheque Amount -589.30 Page Cheque Register being Cheque #7612 to Cheque #7697 inclusive, except Cheques #7499 and #7594 totaling $894,529.44 and Page 150 of 269 2009.07.22 6.3 9050 MUNICIPALIWOF BAYHAM Accounts Payable Royal Bank Cheque Register - 1Aß12009 CITIZEN OF YR REQUESTED DON 121æI2OO9 I 150.00 ChequeAmount- 11n5r200s I 1?J10¡2009 l:55PM 007694 007695 062 000930 TScsToREsL.P. 181019313 FOR SALE SIGN OOO953 VIENNAHOMECENTERLTD 345693 DUCTTAPE OOO957 VOTH SALES &SERVICE LTD 4.51 Cheque Amount - . lln6n009 I 4.51 0000181544 0000181590 0000181628 000018't707 0000181711 0000't8l7t5 HYDRAULIC FILTERS GREASE WNDSHIELD WASHER FLUID AI.¡NUAL SAFETY & SERVICE AI.INUAL SAFETY & SERVICE MILEAGE Cheque Amount-ô.20 357.U 007697 463.30 007697 15.æ. 007697 2.078.U 007697 1,116.61 007697 '198.37 007697 llnonæg 11t17f2æ9 't1232009 filæna09 fimf200g llßonoæ ChequeAmount-4,229.18 Cheque Run Total -535,593.50 Page Cheque Register being Cheque #7612 to Cheque #7697 inclusive, except Cheques #7499 and #7594 totaling $894,529.44 and Page 151 of 269 2009.07.22 6.3 9050 MUNICIPALITY OF BAYHAM General Ledger Postlng Summary Trace: 010730 Report Date:1211012009 12l1Ol2OOg 2:56PM Accounts Payable Voided Gheque FlscalYear:2009 PostedBy: SANDRA Posting Pd.: 12 Postlng Date: 12102009 0l{10G1030 Generalbank 01{10G1950 Accounb Pa¡rable Trade CDIST duplÍcate payment CDIST duplicate payment Vold Chq:7499 JUST PIPE & FITTING Void Chq:7499 JUST PIPE & FITTING TohlDebib Total CÌ€d¡b NetPosting 3,653.19 .3,653.19 3,653.19 :3.653.'19 0.00 Page Cheque Register being Cheque #7612 to Cheque #7697 inclusive, except Cheques #7499 and #7594 totaling $894,529.44 and Page 152 of 269 2009.07.22 6.3 9050 1A1U20O9 3:04PMMUNICIPALITYOF BAYHAM General Ledger Posting Summary Trac¿:010732 Report Date: l2110/2009 Accounls Payable Voided Gheque FlscalYear:2009 PostedBy: SANDRA Posting Pd.: 12 Postlng Date: 12110/2009 01{10G1030 General bank 01{'10G1950 Accounb Payable Trade CDIST inooned payment amount CDIST inconect payment amount VoË Chq:7594 MUNICIPALI/I/ORLD INC Void Chq:7594 MUNICIPALWORLD INC Total Debits Total Credib Net Posüng Page Cheque Register being Cheque #7612 to Cheque #7697 inclusive, except Cheques #7499 and #7594 totaling $894,529.44 and Page 153 of 269 SORW HUNICIPALITY OF BAYHAI.I TOT PACKETS - 2 CURRENT 9 ,853.31 ¿ ADP CANADA PAYROLL TECHNOLOGIES DAILY UPDATE REPORT COI.IPANY TOTALS ADJUST - CR CURRENT TOTAL 9,853.3r 47I.AO 2,OzL -L2 L ,063 -42 t3,409 -65 39,897 . r I 50.00 39 ,947 .L8 55 ,556 . 85 Lt5.92 5.80 53,474.55 SERVICE CHARGES RUN: DEC I 2009 No: A PAGE:1I30 GST REG: I000574I3 RT0004 coHPANY PAGE: 5 DEBIT DATE: DEc 2, 2OO9 DATE 0F PAY: DEC 4, ?009 YTD TOTAL ?25,9TO.OT FEDL TAX NR TAX PROV TAX 38,649 .7O Er CoNT QPIP 98,766-78 CAN PEN QC PEN QC HSF 26,24L .69 0N EHT HB HET NL HAPSET 389,568.09 T0T STATS 56,607 .50 CHEQUES 96L,227 .63 DEPOSITS US DEPS I,25O. OO DED DEPS 1,019,085.r3 T0T NPAY RRSP RTI r,40a,653.22 r0l PAYROL 3.,466.77 SERV CHRG I75.36 GST PST I,4T2,293.39 GRAND TOT FEDL ÏAX NR TAX PROV TAX EI CONT QPTP CAN PEN QC PEN QC HSF ON EHT ilB HET NL HAPSET TOT STATS CHEQUES DEPOS ITS US DEPS DED DEPS TOT NPAY RRSP RTT TOT PAYROL SERV CHRG GST PST GRAND TOT 471 .80 2,92r.L2 L,063.42 L3 ,409 - 65 39,897. t8 50.00 39,947.L8 53,556.85 tL5.92 5.80 53 ,478.55 AD J UST -DR CHARGE 5r.80 7 .04 YTD ADJUST I TEI.I PAYROLL RUNS ITEI.I UNITS SALARIED WORKPAYS 20 PAY ADVICE FOLD 32 TOTAL S./C SUBJECT TO GST IS: TOTAL PAYROLL DEBIT IS ANALYSIS OF I TEH HOURLY UIORKPAYS COURIER FEE L15.92 UN ITS L2 I CHARGE r9-08 r2.00 UNITS I CHARGE 46 .00 53,47A-55 DEBIT INFoRHATI0N: 005 05I02 I0Il925 C h e q u e R e g i s t e r b e i n g C h e q u e # 7 6 1 2 t o C h e q u e # 7 6 9 7 i n c l u s i v e , e x c e p t C h e q u e s # 7 4 9 9 a n d # 7 5 9 4 t o t a l i n g $ 8 9 4 , 5 2 9 . 4 4 a n d P a g e 1 5 4 o f 2 6 9 t) , C) ¿r CORPORATION OF THE MUNICIPALITY OF BAYHAM STAFF REPORT TO: Mayor & Members of Council DATE: December 14,2009 FROM: Suzanna Dieleman Mantel, CGA FILE: SUBJECT: Water Infrastructure Project NUMBERzE2009-14 Purpose To award the contract for the construction of the water infrastructure renewal project - Vienna phase. Background Tenders were issued June 30, 2009 for the construction of the water infrastructure renewal project. Bids were received and reviewed July 15,2009. The tenders call for pricing for the Port Burwell distribution system only with the right to reserve the same pricing into 2010 for the Vienna distribution system. This will, hopefully, eliminate the need to re-tender for Vienna but allows the municipality some flexibility to do exactly that should council deem it necessary. Discussion Staff have received the pricing for Vienna from the current contractor. Prices are similar but not exactly the same as the Port Burwell pricing. This reflects the inclusion of previous credits into the actual unit pricing as well as some adjustments to a few items to better reflect the work required. Staff originally extrapolated the Port Burwell tender prices to the Vienna system and estimated it at $920,000. The tender provided by Omega totals 5924,545.50. There are a number of provisional items in both the Port Burwell and Vienna tenders that we will hopefully not require. Financing of the municipality's portion of the project will be brought to council early in 20t0. Strategic Plan Goal: Goal #l - Practice responsible financial management. GoaI#2 - Ensure reliable, well-maintained and secure infrastructure. Staff Report E2009-14 regarding Water Infrastructure Project. File: E08 Page 155 of 269 Staff Report E2009-14 regarding Water Infrastructure Project. File: E08 Page 156 of 269 CORPORATION OF TIIE MUNICIPALITY OF BAYHAM STAFF REPORT TO: Mayor & Members of Council FROM: Suzanna Dieleman Mantel, Treasurer SUBJECT: Recreation Infrastructure Agreement DÄTE: December 14,2009 FILE: F05 NUMBER: F2009-48 Purpose This report is to recommend the execution of an agreement with the Province of Ontario regarding funding under the Recreation Infrastructure Canada program (Playground Projects). Backsround As Council is aware through previous reports, the Municipalþ has been successful obtaining funding for two playgrounds - Port Burwell and Straffordville. As a condition to receiving the funds, a Contribution Agreement between the Municipality and the Province of Ontario is required. Staff Comments Staff have reviewed the agreement and do not see any major concerns. A draft byJaw is attached to this report for Council consideration to approve the agreement. Strateeic Plan Goal(s) Goal #l - Practice responsible financial management Goal#2 - Ensure reliable, well maintained and secure infrastructure Recommendation THAT By-Law No. 2009-138, being a by-law to authorize an agreement between the Municipality of Bayham and Her Majesty the Queen in Right of Ontario regarding the Recreation lnfrastructure Canadaprogram be presented to Council for enactment. Respectfully submitted,Reviewed by, Suzanna Dieleman Mantel, CGA Encl. Staff Report F2009-048 regarding Recreation Infrastructure Agreement. File: F05 Page 157 of 269 TIIÐ CORPORATION OF TTTE MT]NICIPALITY OF BAYHAM BY-LAW NO.2009-138 A BY.LAW TO AUTHORIZE TITE EXECUTION OF AN AGREEMENT BET\ryEEN THE MTJNICIPALITY OF BAYTIAM AI\D IIER MAJESTY THE QUEEN IN RIGHT OF' ONTARIO AS REPRESENTED BY THE MINISTER OF EI\"ERGY AI\D INF'RASTRUCTURE AND MIIIISTER OF IIEALTH PROMOTION REGARDING THE RECREATIONAL INFRASTRUCTT]RE CANADA PROGRAM IN ONTARIO \ryHEREAS the Municipality of Bayham submitted application for funding to the Recreational Infrastructure Canada progam; AND WHEREAS the Municipality has received confirmation of conditional funding support under the program subject to the completion of the RInC Contribution Agreement; AIYD WIIEREAS the Council of the Corporation of the Municipality of Bayham is desirous of entering into the said Confibution Agreement; THEREF'ORE TIIE COTJNCIL OX'TIIE CORPORATION OF TITE MT]NICIPALITY OF'BAYHAM ENACTS AS F'OLLO\ilS: 1. THAT the Mayor and Clerk be and are hereby authorized and directed to execute the Agreement attached hereto as Schedule "4" and forming part of this byJaw between the Municipality of Bayham and Her Majesty the Queen in Right of Ontario for the provision of funding under the Recreational Infrastructure Canada program. 2. THAT this by-law shall come into full force and eflect upon final passing. READ A FIRST, SECOND AIYD THIRD TIME AI\D FINALLY PASSED THIS 17th DAY OF DECEMBER 2009. MAYOR CLERK Staff Report F2009-048 regarding Recreation Infrastructure Agreement. File: F05 Page 158 of 269 THE CORPORATION OF TIIE MT]NICIPALITY OF BAYHAM BY-LAW NO.2574-2009 BLOI\DEEL BEING A BY-LAW TO AMEND BY-LAW No.2456-2003, AS AMENDED WIIEREAS the Council of the Corporation of the Municipality of Bayham deems it necessary to amend Zoning By-lawNo.2456-2003, as amended; THEREFORE, the Council of the Corporation of the Municipality of Bayham enacts as follows: 1) TIIAT By-law No. 2456-2003, as amended, is hereby further amended by amending Schedule "4", Map No. 41,by deleting from the Agricultural (41) Zone and the Rural Residential (RR) Zone and adding to the site-specific Rural Residential (RR-l5) Zone, those lands which are outlined in heavy solid lines and marked RR-15 on Schedule "4" to this By-law, which schedule is attached to and forms part of this By-law. 2) TIIAT By-law No.2456-2003, as amended, is hereby further amended by amending subsection 7.13 Exceptions - Rural Residential (RR) Zone, by adding the following new subsection: u7.1ru 7.13.15.1 Defined Area RR-l5 as shown on Schedule "A", Map 4l to this by-løw. 7.13.15.2 Additionol Permitted Uses The housing of livestock to a maximum equivalent of three (3) nutrient units. " 3) THIS By-law comes into force: a) Where no notice of objection has been hled with the Municipal Clerk within the time prescribed by the Planning Act and regulations pursuant thereto, upon the expiration of the prescribed time; or b) Where notice of objection has been filed with the Municipal Clerk within the time prescribed by the Planning Act and regulations pursuant thereto, upon the approval of the Ontario Municipal Board. READ A FIRST TIME THIS 17th DAY OF Decemb et 2009. READ A SECOND TIME THIS 17th DAY OF Decembet 2009. READ A THIRD TIME AND FINALLY PASSED THIS 17th DAY OF Decemb eT 2009, MAYOR CLERK By-Law Z574-2009 A By-Law to further amend By-Law Z456- 2003 (Blondeel) Page 159 of 269 SIR AFFORD VI LLE (sEE SCHEDULE 'F" MAP i) tor t22 BA iHAIV SCHEDULE 'A' I ? 50rr. 500rn,'l Sccle I:12,5OO MAP No. 41 By-Law Z574-2009 A By-Law to further amend By-Law Z456- 2003 (Blondeel) Page 160 of 269 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2575-2009 OTTERS EDGEruNDERIIILL BEING A BY-LAW TO ÄMEND BY-LAW No.Z456-2003' AS AMENDED \ryHEREAS the Council of the Corporation of the Municipality of Bayham deems it necessary to amend Zoning By-law No. 2456-2003, as amended; THEREFORE, the Council of the Corporation of the Municipality of Bayham enacts as follows: 1) THAT By-law No. 2456-2003, as amended, is hereby further amended by amending Schedule "4", Map No. 73, by deleting from the Special Agricultural (A2) Zone and adding to the site-specific Agricultural (A I - 1 8) Zone, those lands which are outlined in heavy solid lines and marked Al-23 on Schedule "4" to this By-law, which schedule is attached to and forms part of this By-law. 2) THAT By-law No. 2456-2003, as amended, is hereby further amended by amending Schedule "4", Map No. 74, by deleting from the Agricultural (A1) Zone and adding to the site-specific Agricultural (Al-18) Zone,those lands which are outlined in heavy solid lines and marked ^l-23 on Schedule "B" to this By-law, which schedule is attached to and forms part of this ByJaw. 3) THAT By-law No. 2456-2003, as amended, is hereby further amended by amending subsection 5.11 Exceptions - Agricultural (41) Zone, by adding the following new subsection: ,,5tr1ü 5.11.18.1 DefinedAreø A1-23 qs shown on Schedul€ "A", Map Nos. 73 & 74 to this by-low. 7.13.15.2 Permitted Uses An existing seasonal travel trailer park in additÌon to all other uses permitted in the AI Zone. 7.13.15.3 Permítted Buíldinss and Structures Existing buildings and structures, including a maximum of 80 serviced seasonal travel trailer sites, and a maximum of 28 unserviced sites S upp lementøl Res uløtions No seasonal travel trailers shall be located below the l00yearflood 7.I3.15.3 By-Law Z575-2009 A By-Law to further amend By-Law Z456- 2003 (Otters Edge / Underhill) Page 161 of 269 line without written consent from the Long Point Region C ons ervqtion Authority " 4) THIS By-law comes into force: a) Where no notice of objectionhas beenfiled withthe Municipal Clerkwithinthetime prescribed by the Planning Act and regulations pursuant thereto, upon the expiration of the prescribed time; or b) Where notice of objection has been frled with the Municipal Clerk within the time prescribed bythe Planning Act and regulations pursuantthereto, uponthe approval of the Ontario Municipal Board. READ A FIRST TIME THIS 17th DAY OF Decemb er 2009. READ A SECOND TIME THIS 17th DAY OF December 2009. READ A THIRD TIME AND FINALLY PASSED THIS 17th DAY OF DECEMhET 2009. MAYOR CLERK By-Law Z575-2009 A By-Law to further amend By-Law Z456- 2003 (Otters Edge / Underhill) Page 162 of 269 LOT 11 LOl 12 This is Schedule "4" lo By-low No. 2575-2009, possed the 17th doy of December 2009 CLERK By-Law Z575-2009 A By-Law to further amend By-Law Z456- 2003 (Otters Edge / Underhill) Page 163 of 269 By-Law Z575-2009 A By-Law to further amend By-Law Z456- 2003 (Otters Edge / Underhill) Page 164 of 269 THE CORPORATION OF THE MT]I\ICIPALITY OF BAYHAM BY-LA\il 2009-134 BEING A BY-LAW TO STOP UP, CLOSE AND COI\rVEY PART OF THE T]NOPEI\-ED ROAD ALLOWANCE BET\ilEEN CONCESSION 5 AND CONCESSION SOUTH GORE IN LOTS l, 2 AtlD 3, BEING PARTS l,2 3 AND 4 PLAII 11R-9100. WIIEREAS Section 1l ofthe Municipal Act,200I, S.O. 2001, c.25 as amended provides that a lowertier municipality may pass by-laws respecting Highways, including parking and traffic on highways; AllD \ilHEREAS Section 8 of the said Municipal Act provides thatamunicipality has 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 Section 34 (2) of the said Municipal Act provides thataby-law permanently closing a highway shall not be passed without consent of the Government of Canada if the highway abuts on land, including land covered by water, owned by the Crown in right of Canada; AND WHEREAS consent of the Govemment of Canadapursuantto Section 34 (2) of the Municipal Ac!200l, S.O. 2001, c.25 has been received by letter dated November 23,2009; Al[D WHEREAS notice of intent to pass this ByJaw has been published once in the Aylmer Express, a newspaper of general circulation to the area; AND \ryHEREAS the Council of the Corporation of the Municipality of Bayham has heard in person, or by counsel, solicitor or agent, all persons claiming that their land will be prejudicially affected by this By-law and who applied to be heard; AND WHEREAS the Council of the Corporation ofthe Municipality of Bayham deems it expedient to stop up, close and convey those parts of the road allowance between Concession 5 and Concession South Gore in Lots l, 2 and3, designated as Parts 1,2 3 and 4 on Plan 1lR- 9100, and to convey such parts to the adjoining land owners. THEREFORE THE COT]NCIL OF TIIE CORPORATION OF THE MT]NICIPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. THAT upon and after the passing of this ByJaw those portions of the unopened road allowance described as Part of the road allowance between Concession 5 and Concession South Gore in Lots 1, 2 and 3, in the Municipality of Bayham, County of Elgin, (Geographic Township of Bayham), designated as Parts 1,23 and4 on Plan 11R-9100, be and are hereby closed and stopped up. 2. TFIAT part of the said unopened road allowance described as Part of the road allowance between Concession 5 and Concession South Gore in Lots 1, 2 and 3, in the Municipality of Bayham, County of Elgin, (Geographic Township of Bayham), designated as Parts 1,2, and 3 on Plan 1lR-9100 shall be conveyed to John Matthew Walker and Jon Solon Walker By-Law 2009-134 A By-Law to Stop Up, Close and Convey Part of Unopened Road Allowance (second and third reading) Page 165 of 269 3. for consideration in the amount of $14,000 plus reimbursement of legal, advertising, survey, and appraisal costs. THAT part of the said unopened road allowance described as Part of the road allowance between Concession 5 and Concession South Gore in Lots I in the Municipality of Bayham, County of Elgin, (Geographic Township of Bayham), designated as Part 4 on Plan l lR-9100 shall be conveyed to Robert White and Rosina White for consideration in the amount of $3,605 plus reimbursement of applicable legal, advertising, survey, and appraisal costs. THAT the Mayor and Clerk of The Corporation of the Municipality of Bayham be and they are hereby authorized and directed to execute such deeds or other documents as may be necessary to eflect conveyances of those parts of the said road allowances described herein and which have been stopped up and closed. TI{AT this by-law shall be registered in the Land Registry Office for the Registry Division of Elgin, (No. l1). READ A FIRST TIME this 3rd day of December 2009. MAYOR CLERK READ A SECOND AND THIRD TIME Al[D FINALLY PASSED this 17th day of December,2009. MAYOR CLERI( By-Law 2009-134 A By-Law to Stop Up, Close and Convey Part of Unopened Road Allowance (second and third reading) Page 166 of 269 THE CORPORATION OF THE MTJNICIPALITY OF BAYHAM BY-LA\il NO.2009-135 THE Council of the Corporation of the Municipality of Bayham, in accordance with the provisions of the PLANNING ACT, hereby enacts as follows: THAT Amendment No. 10 to the Official Plan of the Municipality of Bayham consisting of the attached text is hereby adopted. THAT the Clerk is hereby authorized and directed to make application to the Minister of Municipal Affairs and Housing for approval of the aforementioned Amendment No. 10 to the Official Plan of the Municipality of Bayham. THAT no part of this By-law shall come into force and take effect until approved by the Minister of Municipal Affairs and Housing. ENACTED AND PASSED this 17th day of December 2009. MAYOR CLERK CERTIFIED that the above is a true copy of By-law No. 2009-135 as enacted and passed by the Council of the Corporation of the Municipality of Bayham. CLERK By-Law 2009-135 Amendment No. 10 to the Official Plan Page 167 of 269 AMENDMENT NUMBER 10 TO THE OFFICIAL PLAN OF THE MT]NICIPALITY OF BAYHAM SUBJECT: FIVE YEAR OFFICIAL PLAN REVIEW THE FOLLOWING TEXT CONSTITUTES AMENDMENT NUMBER 10 TO THE OFFICIAL PLA¡I OF THE MT]NICIPALITY OF BAYHAM By-Law 2009-135 Amendment No. 10 to the Official Plan Page 168 of 269 OFFICIAL PLAN OF THE MUNICIPALITY OF BAYHAM THE attached text constituting Amendment No. 10 to the Official Plan of the Municipality of Bayham was prepared upon the recommendation of the Council of the Municipality of Bayham after evaluation of public input pursuant to the provisions of the PLANNING ACT. THIS Amendment was adopted by the Council of the Corporation ofthe Municipality of Bayham by By-lawNo. 2009 - 135 in accordance with Section l7 of the PLANNING ACT, on the 17th day of December 2009. MAYOR CLERK By-Law 2009-135 Amendment No. 10 to the Official Plan Page 169 of 269 OFFICIAL PLAN OF THE MUNICIPALITY OF BAYHAM AMENDMENT NO. 10 1. PURPOSE The purpose of this Amendment is to implement the policy and mapping changes associated with the Five Year Official Plan Review. 2. LOCATION The proposed amendments do not apply to one particular piece of land, but rather apply to the entirety of the Municipality, as well as propose land use designations to numerous site-specific properties. 3. BASIS OF THE AMENDMENT The proposed Official Plan amendments are a result of public, Council, and staff related initiatives undertaken to ensure the Official Plan is both up-to-date in terms of compliance with Provincial land use planning goals and objectives; and to ensure the Plan remains responsive to the future needs of the residents of the Municipality of Bayham. A series of three Discussion Papers related to planning documents review, growth, and miscellaneous issues forms the background and basis for the amendments provided herein. In addition, consultation with the Province and various agencies, and any subsequent justification forms an additional basis for proposed changes. Any such documents may be obtained from the Municipality as separate documents. 4. DETAILS OF'THE AMENDMENT l) That Section 1.1, formerly Section 1.0, is hereby amended by deleting the last two sentences and replacing them with the following: The ffi populøtíon of the municipølily in 2006 was 6727 accordìng to Statßtics Canada The projecled population for the Munìcipality by the yeør 20n W ¡s 9196 W based on extrøpolation of recentffi growth rates. 2) That Section 1.1, formerly Section 1.0, is hereby amended by adding the following sentence to the end of the fourth paragraph: By-Law 2009-135 Amendment No. 10 to the Official Plan Page 170 of 269 3) A Jive year review of the Official Plan was initiøted in 2007 in accordønce wíth the Planníng Act wìth an emphasß on aligning the polícìes of the Ollicial Plan wíth the Provincíal Polícy Støtement 2005. That Section 1 .1, formerly Section 1.0, is hereby amended by deleting the first sentence of the fifth paragraph in its entirety and adding the following: For the most part, thß Officìøl Plan recognizes that the predominant use of land in the Munícipalíty wíll be M agricultural in natu #b. That Section l.2h), formerly Section 2.8, is hereby amended by deleting the word "rural" and replacing it with the word "agricultural". That Section 1.3, formerly Section 3.0 is hereby amended by replacing paragraph three and four with the following text: Central to the Official Pløn, however, øre the rM sgricultural ønd urbøn land use policíes, whìch øre based on the Provincial Polícy Statement, developed by the Ontario Ministry of Municipal Afføìrs and Housíng and in effect at the date of adoption of lhis Plan. The Provincial Policv Statement constítutes apolicy statement of the Government of Ontørío on "land use planning and development". The policv statement is W p¿æ¿æ of particular signiJicønce lo the Municipølity of Bøyham, ønd as such, they have been interpreted as they apply to the issue of s@ M establßhine asriculturøl land needs in the Munìcípality. The preservøtíon of hìghly produclive agricultural lands for agricultural use and the accommodation of non-førm M development in settlement lands with lower capability for agrículture øre key policy ínitístives of thß Officiøl Plan. Words or phrases that appear in italíc type in the text of the Officíal Plan are more speciJícally detined ín the Provincíal Policy Statement 2005. Reference ¡s ¡þs 4Æ Províncial Polícy Statement 2005 will assßt in the ínterpretation of thß Officìal Plan. That Section 1.4 b), formerly 3.I.2is hereby amended by deleting the words "rural and urban" and replacing it with the word "natural." That Section 1.4, formerly 3.1 is hereby amended by adding the following subsections: h) to protect and enhance the Municipaliþ's natural heritage features and their ecologicølfunctìon; Ð to protect and enhonce air, soíL, and water quølity; j) to promote renewable ønd ølternatìve energt, energl fficíency and resource conservatíon;' 4) 5) 6) 7) By-Law 2009-135 Amendment No. 10 to the Official Plan Page 171 of 269 8)That Section2.l.l.l, formerly Section 4.2.1.1is hereby amended by changing the paragraph to read as follows: The "Agriculture" designation shown on Schedule uAl'Munìcipalþ of Bøyham Land IIse of the OlJicíøl Plan shall øpply to speciøltv crop areas ønd prime øgrícultural areøs in the Municipølity. That Section 2.1.1.2, formerly Section 4.2.1.2 is hereby amended by changing the first sentence ofthe paragraph to read: All tvpes, sìzes, and intensìties of agricultural uses ønd normal farm practices wíll be permitted and encouraged ìn the "Agrículture" designation That Section2.l .1.2, formerly Section 4.2.1.2 is hereby amended by deleting the words "farm retirement lots" and "infill residential lots" from the last sentence. That Section 2.1.1, formerly 4.2.1 is hereby amended by adding the following new subsection: 2.1.1.3 The Municipølìty recognizes the ímportance of topsoíl,woodloß, andwìndbreaks for agrícultural uses. Any removal or alteration of trees and soíl ín the Munìcipality will be subject to the regulations of the Zoning By-law and the Elgin Tree Cuttìng By-løw. Landowners ate encouraged to consult wìth lhe Conservøtion Authority on matters of large scale tree planting. That Section2.l.l.4, formerly Section 4.2.1.3 is hereby amended by modiffing the hrst sentence as follows: Proposølsfor new or altered land uses in the "Agriculture" desìgnation other than those contemplated by subsectíon 2.1.1.2 of the Officíal Plan will require an ømendment to the plan which must he justffied on the basis of That Section 2.1.2.1, formerly Section 4.2.1.4 is hereby amended by changing the first sentence of the paragraphto read: Livestockfujry operatìons shall be characterízed by the raßing, keeping orpropagation of animøls ønd poultryfor prolit as lßted ín the Factor Tøbles (Table l) found ìn the # Minìmum Dßtance SeparationW e) t0) 11) r2) 13) By-Law 2009-135 Amendment No. 10 to the Official Plan Page 172 of 269 t4)That Section2.I.2.2 a), formerly 4.2.1.5 i) is hereby amended to read: a) The keeping of livestock in a hobbyførm conturt ìs permìned ín connection w ith both farm and no n-førm resídentíal us es p r ovided th e co mp le ment of livestock complies wíth the regulations of the M.D.S. II. Any anímøl or fowl that can be chøracterized by M* Minímum Dßtønce Separatìon Formulae tables will he considered as livestock ,@ @ That Section 2.1.2.2 formerly 4.2.1.5 is hereby amended by adding the following new subsections: before the catastrophe factors are increøsed: d) For the purposes of MDS 2. cemeteries that are closed or receive low levels Dìstønce Separatíon Formulae. That Section2.l.2, formerly Section 4.2.1 is hereby amended by adding the following subsection: 2.1.2.3 Nutrient Mønagement - Príor to the ßsuance of a building permit, the establßhment of a new or expanding lívestock operatíon ìncluding buíldìngs used for the housing of lívestock or storage of manure and includìng the construction of an earthen manate storage facìlíty, that øre ìn excess of 5 nutrient units, shall prepøre a nutrient manugement strøtegt or plan ín accordance with the Nutrient Management Act and any regulations møde pursuant to such Act, including Regulation 267/03. That Section4.2.l.6 is hereby deleted it in its entirety. That Section4.2.l.6.l is hereby deleted it in its entirety. That Section4.2.I.7 is hereby deleted it in its entirety. That Section2.l.3, formerly Section 4.2.1.8 is hereby amended by adding "2.I.I.2" and ls) 16) 17) 1e) 18) 20) By-Law 2009-135 Amendment No. 10 to the Official Plan Page 173 of 269 2t) 22) deleting '(43+*)) from the first sentence. ThatSection2.l.3,formerlySection 4.2.I.Sisherebyamendedbyadding"the"anddeleting "a" from the first sentence. That Section2.l, formerly 4.2 is hereby amended by adding the following subsection: 2.1.5 Agri-Tourism Operations 2.1,5.1 The Munìcipalìty supports on-førm diversiftcation through the establßhment of agri-tourßm operations. Such operations are dejined as agricultural, horticultural or agri-busìness operations usedfor the purpose of enjoyment, educøtion or øctíve ìnvolvement in the activìlies of thefarm where the principle activily on the properTy remains as førmìng and where products used in the actívity are produced on the property or relatedtofarming. Such activities may include:farmtours; processing demonstrations; pick-your-own-produce; a hay or corn maze; pettíng zoo; hay rides and sleígh, buggy or cørriøge rides; and a farm theme pløyground lor children. Thefollowing policies apply to the establßhment and use of agri-tourßm operøtions: a) Small-scale øgri-tourßm uses will be permilted as-of-right on farm properties. Permitted uses will be established in the Zoning By-løw. b) Large-scale, intensive agri-tourßm uses may be permitted subiect to a Zoning By-løw amendmenl Scøle of the use will be determined by ßsues such as building area, size, ønd non-agricultural components of the use. Any non-agricultural components must adequately demonstrate how they contribute to the vìabílíty of thefarm operatíon and will not contribute to lønd use conflicts wíth sunounding øgricultural uses. Such uses will ako be subject to sile plan control; Agrí-tourkm uses shall be designed in ø mønner which does not detract from the agricultural chøracter of the surrounding ørea in which it ß located- In order to achieve design integration, site pløn control measutes may be used which reløte to ßsues such as sìgnøge, buffering, parkíng, and building locøtìon. Agri-tourßm operations wìll not be permitted to be severed øs the ìntent of such uses ß to remain as a secondøry, integral parl of the primaryfarm operøtion. That Section2.l.6.1, formerly Section 4.2.1.10 is hereby amended by adding "2.1.7" and deleting '(43++2)) from the last sentence. That Section4.2.l.ll - Farm Retirement Lots is hereby deleted in its entirety. c) d) 23) 24) By-Law 2009-135 Amendment No. 10 to the Official Plan Page 174 of 269 2s) 26) 27) 30) 28) That Section2.l.7, formerly Section 4.2.1.12 is hereby amended by adding "(July 5,2001)" to the last sentence in the first paragraph. That Section2.l.7.4 a), formerly Section 4.2.1.I2.4 i) is hereby amended to read: a) Comprße a total minímum area ín the same name and títle of 20.0 hectøres (50 øcres) That Sectio n2.l .7 .4 b), formerly Section 4.2 .l .12.4 ii) is hereby amended by adding * I Al-A" to the sentence. That Section 2.1.8.1 b), formerly Section 4.2.1.13 ii) is hereby amended by deleting the word "le,t" and adding the words "building permit." That Section 2.1.8.1 c), formerly Section 4.2.1.I3 iii) is hereby amended by deleting the words "lards te be severed" and adding the word "lot." That Section4.2.I.14 - Infilling is hereby deleted in its entirety. That Subsection2.l - Agricultural Resources is hereby amended by adding the following new subsection: 2.1.10 Supplementary Farm Dwellings 2.1.10.1 The Municipølily supports the erectìon or placement of additionøl dwellings on førm parcels where the size or nature of the farming operøtíon wørrants additional dwellings. Such dwellings may only be permitted by ø mínor variønce to the Zoning By-law and møy not be severed from the farm operation. Such dwellíngs may be temporary dwellíngs in the form of ø mohile home or modulør home; ot a petmanent dwelling ín the form of ø converted dwelling or bunkhouse. Farmìng operations shall refer to any parcels owned, or owned in parl by øn øpplicønt. Establishment of supplementary farm dwellìngs will be permitted subject to thefollowing criteriø: a) M: Sufficíent information must be provided which outlines how the fitpe, scale, and/or size of the farm operation wanønt the need for a s upp lementary farm dwellíng ; b) Exßtine dwellines: Sufficìent justiJicøtíon must be províded to show how any exßting supplementary førm dwellings thøt øre pørt of the farmíng operatíon can't satßfy the housíng needs of theførming operation; c) Locøtion: Sufficient jusffication must be provided to show how the location of the supplementøryfarm dwelling møkes fficienl use of exßtìng 2e) 3l) By-Law 2009-135 Amendment No. 10 to the Official Plan Page 175 of 269 32) 33) serv¡ces and infrastructure and how the locatíon wíll not impact sunoundíng land uses. Preference will be given lo close proximity to principal farm dwellings and the use of nalural landscaping to buffer tempo rary dwellings from s urro unding land uses ; d) Síze and tvpe: The supplementøryfarm dwelling unít ß of ø minímumsize and type lhøt cøn øccommodate both heølth unit and building code requirements, and shall be no larger than necessary to accommodate the needs of the temporøryfarm help residing in the dwelling. Preference will be given to temporary dwellings, or allernatively permanent dwellÍngs thøt are one storey in height with a maximum floor areø of øpproximately 167m'z(1800ft'); e) Servíces: The supplementaryfarm dwelling must demonstrate an adequate supply of potable water and sanitary sewage dßposal system to the satßfaction of the Municipølity. Preference will be given to dwellings which can make use of exßting services; f) Vehiculør access: The supplementary farm dwelling must demonstrate how vehicular øccess wìll not contribute to any lrøflic-related hazørds to the satßfaction of the appropriate road authoríty. Preference wìll be gíven to the use of existing drivewøys. 2.1.10.2 The Municípølity møy enter ìnto øn øgreement with the applicant reløting to such matters as location, maintenance, buffering, removal, and períod of occupøncy of any dwellings, as well ss any other møtters deemed appropriate to ensute that the dwelling is usedfor íts intended purpose of providing housíngfor førm help. That Section2.2, formerly Section 7.2 is hereby amended by modi$ing the ltrst sentence to read: In accordance with the policies of Sectìon 2.1 of theProvíncìalPolicyStatemenl)00!,thßPlønshallMrecognízethenatara| heritage features and areas of the Municipality and protect them from incompatible development. That Section2.2, formerly Section 7.2 is hereby amended by adding the following text and tables: All of the above features where found in the Municipalíty are designated as "Nøtural Heritage" on Schedule 'A1' to the Plan. The speciJic types of natural heritagefeatures øre outlined on Schedule A2' to the Plan in order to interpret Sectíon 2.2.3 of the Plan. The Municipalíty currently recogniTes thefollowìng natural herítagefeatures: Type Nøme Area (ha)Descriptìon Provincially Sisnifîcønt Life Bìg Otter Creek 647 Locøted northwest of Eden - an excellent example of ø river By-Law 2009-135 Amendment No. 10 to the Official Plan Page 176 of 269 Scìence ANSI valley system with adjoining uplønds and exceptional deciduous bottomlands withìn the Norþlk Sand Pløin physíogrøphic region. Locølly Signiftcant Life Science ANSI Little Jerry Creek 130 Rivervalley hubitaß wíth nalural vegetatíon intact located where the Líttle Jerry Creek empties in Big Otter Creek near Richmond Locally SigniJicønt Lde ScÍence ANSI Iroquois Beøch Located wíthín Port Burwell Provinciøl Park - Low lying wet strands vegetated with wet sedge meadows, marshes and shrub thickets are separøted by dríer, søndy meødows on low ridges. Locally SígniJicant Wetlønds Strøffordvílle lV'etlønd Complex 81.9 Locøted southeast of Straffordville along headwaters of the South Otter Creek - made up of I0 individuøl wetlands, composed of one wetland type (100% swamp) Locally Signijìcønt Woodlands Eden Woods 92.7 Located northwest of Eden along headwaters of the Bíg Otter Creek - conskting ol a gently rolling well drøined sand plain, with dissecled stream valleys and pond. Upland valley slope, crest mixed forests, valley bottom, pond swamp thicket, marsh and aquøtìcs. Exhìbits southern and Carolinian biota, wíth regionally signiJicantJlora Locølly Sìgnfficant Woodlands Bøyham Swamp Forest 54 Locølly SigniJicant Woodlands Bøyhøm Townline ll/oods 424 Located along the bønks of the South Otter Creek between Jsckson Line and Tunnel Line - This sìte is typifted by gently rolling sand plain terrøín wílh frequent wet depressíons and bøsins. An incßed stream valley Dusses southeastwørds throush By-Law 2009-135 Amendment No. 10 to the Official Plan Page 177 of 269 the site. The mokt depressions and basins throughout lhe site generally support seasonal swûmpg but very locally there are perenniøl swømp ønd mørsh communities. Locally SignìJicant ÍYoodlands Buxbøumia lVoods 48 Located ín øn upland area loosely bounded by Coyle Road, Vincent Line, County Road 55 and Herítage Lìne - Thß síte includes sand plain ønd rídge forests on a morøine landform creøted by aformer glaciøl lake. The combinøtíon of the beach deposits and the moraine make thß ørea regionally signiftcant. Both features ure sígniftcant sepørately øs these deposits øre not common ín Elgin County. Locally Signilicant Woodlands Goldie's Fern Woods 45 Located southeast of Vienna ønd bounded by two deeply incked ravìnes that empty into the South Otter Creek - Thß site exhibits good examples of sand pløin deciduousforests wìth a richfern ground layer. Locally SigníJicant Woodlands Líttle Jerry and Big Otter Creek Complex 733 Located along 4km of the valley of Lìttle Jerry Creek ahove its confluence wíth Big Otter Creek, and øbout 13 km of the valley of Big Otter Creek below the Big Otter Creek ANSI, The síte contaíns good examples of incísed valley forests of the Carolinian zone Locally SigniJicønt Woodlands Little Otter Creek Valley Complex 1105 Located all along the Little Otter Creek Valley ønd forming a complex whichforms a more or less continuous wooded valley for about I8 km, øs well as a number of incised tributary ruvínes ønd adjacent uplønd. The vegetation communities of the incßed vallevs are somc of By-Law 2009-135 Amendment No. 10 to the Official Plan Page 178 of 269 the best exømples ìn Elgín County. Locølly Signijicant Il'oodlands Strafþrdville Woods 336 Located southeøst of Strølþrdville - The site contains good examples of typical rich upland sandy deciduous forests of the Norþlk Sand Plain. Locally Sígniftcønt Woodlands Vienna Pøwpaw Stønd 12.1 Cluster of pawpaw trees found along the Bìg Otter Creek floodplain. Represenls the only stand of pawpaw trees found in Elgin County Locally Significant Woodlands Vienna Woods A small wooded ørea just west of the Vìllage of Viennasupporting vøríed vegetation communitíes 34) 3s) The Section 2.2.1.1, formerly Section 7 .2.1 a) is hereby amended by adding "Section 2.1" to the sentence. That Section2.2.l.2, formerly Section 7 .2.I b) is hereby amended by adding "and protection" to the sentence. That Section2.2.l, formerly Section 7.2.1 is hereby amended by adding the the following new subsection: 2.2.1.3 Municipøl Councíl shall encourage the use of a natural heritage syslems approach for the protection and enhancement of natural heritage features ønd/or the directionfor development in the Municipality. The Municipølþ shøll rely on the expertise of the Minßtry of Nøtural Resources and the Long Point Region C o n s e rv uti o n A uth o r ity in id e ntífy in g p o t e nt í a I n øt ur al h e rít a g e fe at ur e s. That Section2.23.2, formerly sentence one, paragraph two, Section 7 .2.3 ishereby amended to as follows: ø) signíJicønt wetlands, or sígníJicant portíons of the habitat of endangered species ønd threatened species. The Minßtrv of Nøturøl 36) 37) By-Law 2009-135 Amendment No. 10 to the Official Plan Page 179 of 269 38) ecological functions. That Section2.2.3.3, formerly sentence two, paragraph two, Section 7 .2.3 is hereby amended as follows: Planníng Act øpplications thøt propose development or síte alteration within 120 metres of signiftcant wetlands or wíthin 50 metres of in Section 2.2.3.2 shall adiacent lands and demonstrøtes that there wìll be no negative impacts on the natural feøtures or theìr ecologícalfunctionsfor which the area is ídentiJìed" An Environmental Impact Study shall be undertaken bv øuølified ìndívíduøls and approved by the Munìcipalìty to demonstrate the impøcts and shall address thefollowing: That Section2.2.3 - Development Applications is hereby amended by adding the following new subsections: sustøínable and ín accordance w øpplicalion. That Section2.3.7.5, formerly paragraph two, Section4.4.9.I is hereby amended to read: 2.3.1.5 Pursuant to the Beds of Nøvìgable lløters Act, the waterbed of nøvigable wøterways ß claimed øs Provincial Crown Lands. Any ølterations to nøvigable waterwøys whích ølter the alignment or shape of the channel cross section shall be øpproved by the Conservation Authority and the Minßtry of Naturøl Resources. That the Ofhcial Plan is hereby amended by adding the following in its entirety: 2.3 WATER RESOURCES 3e) 40) 4t) By-Law 2009-135 Amendment No. 10 to the Official Plan Page 180 of 269 42) 43) e ønd GroundWater Features" onSchedule 2.3.1 lVater Resource Policies Provincial Po lícy Statement That Section2.3.l.5, formerly Section 4.4.9.1, paragraph 2, is hereby amended as follows: 2.3.1.5 Pursuøntto the Beds of Navìsable Waters Act, the waterbed of navigable wøterwavs ß claimed as Provincíøl Crown Lands. Any alterations to navìgable wøterways which alter the alìgnment or shape of the channel cross section shøll be approved hy the Conservation Authoríty and the Minßtry of Natural Resources. That Section 2.3 Water Resources is hereby amended by adding the following new subsections: 2.3.2 Implemenlation agreemenls: 2.3.3 Development Applicøtions 2.3.3.1 Council shall círculate all de By-Law 2009-135 Amendment No. 10 to the Official Plan Page 181 of 269 functions of the features. 44) That Section2.4, formerly Section 4.2.5 is hereby amended to include the follow text: resources shall be done ín accordance 45) That Section2.4.l.l, formerly Section 4.2.5.1is hereby amended by adding the following sentence: Ie uAl'to the Plan. 46) That Section2.4.l.5 d), formerly Section 4.2.5.5 is hereby amended as follows: The impact of pit ønd quarry operations due to noße and dust. including... 47) That sentence one, Section 2.4.1.7 , formerly Section 4.2.5.7 is hereby amended as follows: Official PIan and Zoning By-law ømendments wìll not be requiredfor wayside pits and quarries and portable asphalt plants ¿zd portable concr . 43) That sentence three, Section 2.4.1.7, formerly Section 4.2.5.7 is hereby amended by as follows: Wayside pits and quarries ar portable asphalt plants ¿zdportable concre ¿re subject to a permit ìssued under the Assregøte Resources Act. 49) That Section2.4.I.9, formerly Section 4.2.5.9 is hereby amended to read: 2.4.1.9 As M a pit or quarry operation pteglefÊts Me the subject lønds wíll be progressively rehabílítøted to accommodate subsequent land uses, and may only be usedfor those purposes specifted in Subsection 2.4.1.1 of thß Plan. Rehabilítation uses arc consßtentwith sunoun Pløn. 50) That Section2.4.2.2, formerly Section 4.2.5.rc is hereby amended by modifuing the last sentence as follows: By-Law 2009-135 Amendment No. 10 to the Official Plan Page 182 of 269 sl) ønd øre subject to a permit ødmínßtered by lhe Aggregate Reso urces Acl That sentence two and three of Section 2.5, formerly 4.2.6 is hereby amended as follows: All exploratìon and productíon activities are to be in compliønce wíth the Oil, Gøs, and Sølt Resources Act, and the regulatìons and operatìng sløndards thereto. Exßtins dule 'A2u to the Plan as "Natural Gøs Reservoír". That Section2.5.I.4 , formerly Section 4.2.6.4 is hereby amended as follows: New development shall be set back 75 metresfrom exìsting pelruleum wells ilgnllfied on Schedule 'A2": thß setbøck beíng equivalent to the setbøck required under the Oil, Gas ønd Salt Resources Act for new wells from exístíng development. W# Where development ìs proposed adjacent to or above pools or deposíts, the Provìnce shall be consulted regardìng measares to allow possible future access for resource production purposes. That Section2.6, formerly 7.1 is hereby amended to read: 2.6 Cultural Heritage ønd Archaeolosical Resources In accordance with the polìcìes of the Mìnistry of Cuhur@ W and Sectìon 2.6 of the Provincìal Policy Støtement, thß Plan shall endeavour to recognizerrclgq enhance.andpreserve thebailt heritage resources and ctltural heritage landscapes of the Munìcipalífy. Cultural herítage resoutces include *iE*iæ archaeological resources,' buìldings and structures of archìtectural, hßtorìcal or engíneering interest; cemeteríes: groups of buìldings and structures which are of interest and value in the landscøpe; and entire M agricultural and urban landscøpes. In essence they are the works of man ønd the effects of hß activities in the environment and, accordingly, may be considered øs heritage where they constitute the consultatíve record of past humøn øctivities, endeavours or events. That Section2.6.l a), formerly 7.1.I a) is hereby amended by adding "Municipal Heritage Committee (MHC)" and deleting "Local Architectural Conservation Advisory Committee (LACAC)." That Section 2.6.I, formerly 7.1.1 is hereby amended by adding the following new subsections: s2) s3) s4) ss) By-Law 2009-135 Amendment No. 10 to the Official Plan Page 183 of 269 the Cemeteries Acl 56) That Section2.6.2 d), formerly 7.1.2 d) is hereby amended by adding the following new subsections: 2. Heritage Impact Assessments: 57) That Section2.6.3, formerly 7.1.3 is hereby amended to read: 2.6.3 Archaeological Resources The Municìpalíty wíll identify øny development øpplications that will impact areas containing regktered archeologícøl sítes or lønds of archeological potentiøL archaeologicøl consuhønl Development on lands conlaining signiJìcønt archeologícal resources shøll øvoÍd the destruction or alteration of these resources. Where it is not possible, the development proponent shall conserve signiJìcønt archeologícal resources through removal and documentatíon in udvance of any lønd dßturbances, and in accordance with archeologicøl licensing provisìons of the Ontario Herìtage Act. Archeologícal site locatíons and areas of potentìal wíll be determined based on regßtered site data ønd potentíal screening criteria províded to the Munìcìpalìty by the Province, or through technical assístance. mav be permitted 58) That Section 3.1.1.1, formerly Section 4.2.2.I is hereby modified as follows: Thege s+*t+12 land use policíes are ìntended to apply to síte-speciJic areas of the Municìpality outsíde of the settlement ateas where the predomìnant land use activity ß not relatedto øgrículture Plan. Thess'_polícies. apply to lands outsíde the settlement # areas which may be usedfor non-farm activítÍes andwhere no identiJiable adverse impacß on agrìculture will occur. Such areas are subject to a site-speciJic ømendment to the Oflicial Plan and the reguløtions of the Zoning ByJaw. 59) That Section 3.1, formerly Section 4.2.2, is hereby amended as follows: the uses outlíned in section 3.1 By-Law 2009-135 Amendment No. 10 to the Official Plan Page 184 of 269 such lands. 3.1.1.3 When located on lønds characteriz Æ # Æ Æ Æ t-------jR*tsl4ses Æ edules 3.1.2.1 Thefollowing uses will befurther identìfted by a sub- class{ication ìndicating a specitic Uon-resource use. The uses M @¡æ wìll be shown on Schedule 'Al'to the Official Plan. Areas that øre symbol Exact size and locatíon is identìfted in the followìng text ønd may be determìned through assessment mapping and/or the Zoning By-løw. These W uses are as follows: o Estate Residential Mobile Home Parks Seøsonøl Travel Trailer Parks and Campgrounds a a By-Law 2009-135 Amendment No. 10 to the Official Plan Page 185 of 269 o Recreational o Institutional . Commercial / Highwav C o Industriøl @ 60) That Section 3.1.3.1, formerly 4.2.2.1.2 is hereby amended as follows: The Munícipality shall regulate all development ín the øreøs designated !!*#ePÍor non' resource uses so that the envíronmenl is maìntaìned, agüculturul uses are and potential land use conflicts are not created 6l) That Section3.I.3.2, formerly 4.2.2.I.3 is hereby amended by adding "new or expanding non-resource" and deleting "fltral" from the text. 62) That Section 3.1.3.3, formerly Section 4.2.2.1.4 is hereby amended by adding "as non- resource areas" and deleting "Rural" from the text. 63) That Section 3.1.3.3 d), formerly Section 4.2.2.1.4 d) is hereby amended by adding "and the Zoning By-law" to the text. 64) That Section 3.1.3.3 h), formerly Section 4.2.2.1.4 h) is hereby amended by adding "aggregate" following the word "mineral, wherever it appears in that Section. 65) That Section 3.1.3.3 i), formerly Section 4.2.2.I.4 i) is hereby amended by adding "non- resource" and deleting "RJ*tel" from the text. 66) That Section 3.1.3.3 j), formerly Section 4.2.2.1.a j) is hereby amended by deleting *qt+al" from the text. 67) That Section3.l.4.l, formerly Section 4.2.2.2 is hereby amended as follows: 3.1.4.1 Estøte Residentiøl uses may be permÍtted on lands prevíously desígnated R+rel Estøte Residential on Schedule 'AI' to thß Officíal Pløn, prior to approval of thß By-Law 2009-135 Amendment No. 10 to the Official Plan Page 186 of 269 68) 6e) 70) PIøn That Section3.L4.2, formerly Section 4.2.2.2.I is hereby amended as follows: 3.1.4.2 Severance and/or rezonins of land for new estate residential uses may be considered after evaluation and written comments are provided by Municípøl CouncìL. Anv proposøls that do not The creation of such parcels of landfor estate residential uses will require øn amendment to the Zoning By-løw. That Section3.I.4.3, formerly Section 4.2.2.2.2 is hereby amended by deleting "iglhe 'Rural' designation" from the text. That Section3.l.4.4, formerly Section 4.2.2.2.3 is hereby amended by deleting eein{hê +¡xal¿¿esignatieÊ' from the text. That Section3.l.4.5,formerly Section 4.2.2.2.4 is hereby amended by deleting "Rural" and adding "EsIate Àssiderìtiall" to the text. ThatSection3.l.5.l,formerlysentence oneof 4.2,2.3 isherebyamendedasfollows: 3.1.5.1 Mobíle Home Parks may be permìtted in areøs designated "Mobile Home Parks" on Schedule nAl' to thß Olftcial Plan. Furthermore, the following exßtìng mobile home parks are recognized ìn the "Mobíle Home Parks" desígnøtíon by this Plan and shall be appropriately zoned ín the Zoning By-løw: 1. 26.3 hectares (65 acreslWìn Lots 23,24, ConcessÍ.on 9, Municipølity of Bayham, That Section3.I.5.2,formerly sentence two of Section4.2.2.3 is hereby amendedas follows: 3,1.5.2 It shall be the policy of thß pløn to restrict development of mobìle home parks to expansìons of existing parks or to new parks wìthín settlement øreøs as designated on Schedule'A1'to this OfJïcíøl Plan. That Section 3.1.6.1, formerly Section 4.2.2.4 is hereby amended by adding "'Seasonal 7t) 72) 73) 74) By-Law 2009-135 Amendment No. 10 to the Official Plan Page 187 of 269 Travel Parks and Campgrounds"'to the first sentence. 75) That Section 3.1.6.1, formerly Section 4.2.2.4.1i), is hereby amended as follows: l. Lol 15. Concessíon 1: i)2. Lot 17, Concessìon 2; ¡i)3. Lot 5, Concession 3; 4. Lot 5, Concession 8: i¡¡ ¡ 76) That Section3.L6.2, formerly Section 4.2.2.4.1is hereby amended as follows: In addition to the policìes of Sectìon 3.1.3 snd 3.1.6.1 of this Pløn, W¡w consideration in the evøluation of proposed seasonaltravel trøílerparks or campgrounds 77) That Section3.l.7.l, formerly Section is hereby amended by adding "'Recreational"' and deleting "Rrxd=-*(R"' from the hrst sentence; and also by adding "'Institutional"' and deleting "R¡*raÆ(I)"' from the second sentence. 78) That Section3.l.l.2, formerly Section 4.2.2.5.1is hereby amended by deleting "fllral" and replacing it with "rgseulçg". 79) That Section 3.1.8.1, formerly Section 4.2.2.6 is hereby amended by to read: 3.1.8.1A11 commercial uses are enco However commercial uses may be permìtted in øreøs designøted "Commercial" on Schedule "AI" to thß Official Plan. eonnereiú Permitted uses pernilteC shall ìnclude... 80) That Section 3.1.8.4, formerly Section 4.2.2.6.3 is hereby amended as follows: Commercial uses in locatìons other thøn along, or al íntersections with Highway No. 3 or County Roads may be permitted on ø lim¡ted bas¡s ønd provided they meet all other applicable policìes of thìs Plan, and the Zoning ByJaw regulalions for rural commercial uses. 81) That Section 4.2.7 is hereby deleted from the plan in its entirety. 82) That Section 3.1.9 - Industrial LJses, formerly Section 4.2.2.7 , is hereby amended by adding By-Law 2009-135 Amendment No. 10 to the Official Plan Page 188 of 269 the following new subsections: al The lands shall be developed in a manner whìch ensures access to interior lønds und which is cons Town of Tilßonburs. consultøtion with the Co one-wìndow protocoL Plan. 3.1.9.2 Industrial uses ín locations o regulatíons for industriøl ases. 33) That Section3.2 - Conservation Lands, formerly Section 4.2.4,is hereby amended by adding the following new subsection: 3.2.1.6 The Munícipalìty supports the use of conservation eøsements between prìvate landowners and conservatíon agencies in accordance with the Conservation Land AcL Conservation easements møy be used: a) for the conservøtíon, maintenance, restoration or enhøncement of all or a portíon of land or wildlife on the lønd; b) for the protection of water qual¡ly and quøntíty, íncluding protection of drinkíng water sources; c) for watershed protection and mønøgement; d) for the conservation, pÍeseratíon or protection of the landfor agrícultural purposes; or e) for øny other purposes prescrìbed by the Conservøtíon Land Act. 84) That Section3.2.2.2, formerly Section 4.2.4.8 is hereby amended by adding "qgy" to the text. 85) ThatSection3.3,formerlysubsections 4.2.l.16and4.2.3.l2,isherebyamendedasfollows: By-Law 2009-135 Amendment No. 10 to the Official Plan Page 189 of 269 3.3 SPSEAL SPECIFIC POLICY AREAS policies applv. 3.3.1 Speeiú Specific Policy Areø No. I - Elliott Road Notwithstanding any the "Asriculture" policìes of thís Pløn lo the contrary, the lønds comprísing approximatelv 43 hectøres in Part Lot 15, Concession l0 of the Municipølìty of Bayhøm ønd bounded by Green Líne to the north, Talbot Line to the south, Elliot Road to the east and a wooded area to the west, and occupied by ten (10) exßtíng non-farm resìdentíal dwellÍngs møy accommodøte ø total of twenty (20) non-farm dwellings in the area designated as Speeiøl "Soecílic Polícy Areø'jNoJ on Schedule uAl'to thß plan. 3.3.2 Speeiel Specilic Polícy Area No. 2 - Port Burwell Harbour In addition to the policies of Sectìon 6.1, the lands within the "Hazard Lands" designøtion in Port Burwell whìch are generully sifuated south of Rohinson Street, and east of lhe Big Otter Creek and extending inlo Løke Erìe, are designated øs Speeinl "Søecific Policy Areu" W on Schedule nD'to this plan and møy be used to develop a mørina ønd ancilløry facilítìes. These lands will remaín in a holding zone unlíl such time øs the condítions regardìng development as outlined in Section 6.1 of thß Plan csn be accommodated to the satisføction of the Munìcìpalíty, ín consultation with the Province ønd the Conservatíon Authority. Provìnce and the Conservøtìon Au will include the followins: Sectíon 2.2.3 of the Official Plan: By-Law 2009-135 Amendment No. 10 to the Official Plan Page 190 of 269 86) Burwell Provincíal Pørk to the søtßføctíon of the Province. That Section 4.1, formerly Section 4.3.1.1 is hereby amended by adding the following paragraph: Any proposals to expand the settlement øreas øs shown on the above schedules, will only be consídered during a comprehensive OfJicial Plan Review undertaken by the Municipalíþ. That Section 4.2.1J, formerly Section 4.3.I.3 is hereby amended as follows: Ribbon or strip development and indÍscriminate urban development outside the desígnøted urbøn areas shall not be permitted. That Sectio n 4 .2.1.2, formerly Section 4 .3 .l .4 is hereby amended by adding "fuII" to the text. That Section4.2, formerly Section 4.3.1, is hereby amended by adding the following: and moderøte íncome households. In thìs not exceed 30 tea. That Section4.2.3.4, formerly Section 4.3.1.10 is hereby amended as follows: 4.2.3.4 AA agrícultural uses will be permìtted ìn the areas desígnated øs "Hamlets' an{. "Vílløges" wíth the exception of new or expandìng livestock operations ønd mushroom førm operatìons, whích will be prohibited in these øteas. k 87) 88) 8e) e0) By-Law 2009-135 Amendment No. 10 to the Official Plan Page 191 of 269 e1) e2) That Section4.2,formerly Section 4.3.1, is hereby amended by adding the following: That Section4.2, formerly Section 4.3.1, is hereby amended by adding the following: settlement area boundøríes on vacø followíne policies: thøt ß avaíløble in the soecific settlement areos. subdívkíons. consßtent wíth the su and lavout: sunounding areu emergencv vehicles. By-Law 2009-135 Amendment No. 10 to the Official Plan Page 192 of 269 e3) surround¡ne res¡dent¡al uses. That Section4.4.L 1, sentences 4 and 5, formerly Section 4.1.4 8¿ Section 4.3.2.1,are hereby amended as follows: The intended function of the uHamlels" ìn this Plan ß lo remain as small dormítory clusters, providing límited commercial, ìndustrial and ínstilutíonal semíces to the ímmediate surrounding areø The polícy of thís Pløn ß to restrict møjor residential development fuore than 5 lotÐ wherever municipal services are nol avaìløble, while allowing future growth on the basß of infilling and in accordance with the M Hamlet boundaries øs depicled on Schedule nAl'. That Section4.4.l.2, formerly Section 4.3.2.2, is hereby amended as follows: Permitted uses would ìnclude residential dwellings, variety stores, publìc garøges, schools, churches and small scale commerciøl and industríal uses Adequøte bulfering should be provided between the various uses wherever the potentialfor lønd use conflìct exßß. That Section4.4.I.4, formerly Section 4.3.2.3,is hereby amendedby addingthe following as sentence 2 in the existing paragraph: connectìon ß not feasible. That Section4.4.2.3,formerly Section 4.3.2.5.7,2nd sentence is hereby amended as follows: These residentiøl types shøll be included ín sepørate zoning categoríes in the Zoning By- law øndwíll be permitted, provídíng and an ømendment lo the Zoníng ByJaw has been approved" That Section4.4.2.4 d), formerly Section 4.3.2.5.8 d), is hereby amended to read: a) Multþle unit dwellings will onlv be permíned @ ìn øreas where municipal water and sewer services ø¡e avaìlable That Section4.3.2.6.2 is hereby deleted from the plan in its entirety. e4) es) e6) e7) e8) By-Law 2009-135 Amendment No. 10 to the Official Plan Page 193 of 269 99) That Sectio n 4.4.4 .l , formerly Section 4 .3 .2.7 .I , is hereby amended as follows: The establkhment of W public and private parks and recreation lønds within the "Hamleß" designation ìs permitted 100) That Section 4.4.4.6, formerly Section 4.3.2.7 .6, is hereby amended by adding "consents and" before the words "new subdivisions". 101) That Section 4.4.4.7, formerly Section 4.3.2.1.7, is hereby amended by deleting "this" and replacing it with the word "parkla4d". 102) That Section 4.5, formerly Section 4.4 is hereby amended by deleting "20eÉG10" aîd replacing it with the words *2009-2029". 103) ThatSection4.5.l.l,formerlySection 4.I.s,isherebyamendedbyaddingthefollowingnew sentence at the end ofthe paragraph: 104) That Section 4.5.1.2, formerly Section 4.1.6, is hereby amended by adding "/ constraints" after the word "designations". 105) That Section 4.5, formerly Section 4.4, is hereby added the following new subsection: Villøees. 106) That the last sentence of Section 4.5.2.1, formerly Section 4.4.2.I, is hereby amended as follows: Single, seasonøl resìdential and semi-detached dwellings and duplexes should tørget a gross density of twenly (20) units per hectare and shall be serviced wìth municipal wøter and sewer servìces where one or both services are availøble. 107) That Section4.5.2, formerly Section 4.4.1,is hereby amended by adding the following new subsection: By-Law 2009-135 Amendment No. 10 to the Official Plan Page 194 of 269 sewer serv¡ces. 10S) That Section4.5.3.4, formerly Section 4.4.3.4 is hereby amended as follows: In the uMulti-Unit Residential" designatìon, apartments should target @ a fu net density of 75 uniß per hectare. All other permitted uses should tørset rW W a æiw net densily of 35 units per heclare. 109) That Section4.5.3,formerly Section 4.4.3, is hereby amended by adding the following new subsection: Residential" where such lønds the uses outlined in Section 4.5. servìced wìth munícinal water and sewer services. I I 0) That Sectio n 4.5 .4.l , formerly Section 4 .4.4.1 is hereby amended as follows: In the "Harbour ResidentialCommercial" designation permitted uses include townhouses targeted to a æitw net density of 35 unìts per hectare; stacked townhouses to u tarseted ffiiffi net density of 60 unìß per hectare; apørtmenß to a targeted fu* net densíty of 75 units per hectøre;... 111) That Section 4.5.6.1, formerly Section 4.4.6.7, is hereby amended as follows: Permitted uses in the "Industrial" designation are man ufacturing, assemb ling,... ll2) That Section4.6.l.3, formerly Section 4.4.1.9, is hereby amended as follows: Notwìthstønding the policíes of thk Plan thefollowing exßting mobile home parhs have been recognized in thß Pløn ønd shall be øppropriately zoned in the Zoning By'law; I 13) That Section4.6.2.l,formerly Section 4.2.2.3.I,is hereby amended by adding the following as the first sentence: Seøsonal trøvel traíler parks are permÍtted in desígnated "Hamleß" ønd areøs desígnated as "Open Space" or "Conservatìon Lands" in Strøffordvílle, Viennø, or Port Burwell by øn amendment to the Zoning ByJaw. By-Law 2009-135 Amendment No. 10 to the Official Plan Page 195 of 269 l l4)That Section4.6.2,formerly Section 4.2.2.4,is hereby amended by adding the following new subsection: Seasonøl Trøvel Trailer Parks and ù Bridse St., Port Burwell: That Section 5, formerly Section 5.0, is hereby amended by adding the following new subsection: 5.1 SEWAGE AND IYATER 5.1.1 Generøl on-síte water servíces are the effíciencv. services. l rs) By-Law 2009-135 Amendment No. 10 to the Official Plan Page 196 of 269 requirements: and protects human health ønd the naturøl environmenl 5.1.3 Partiøl Services (Sewers Onlvl opportunities. Such expansion will be done ín a manner that ß consßtent with of this Plan. 5.1.4 Individual Servíces human health and safetv. public health and safetv reasons. 1 1 6) That Sectio n 5 .2.2,formerly Section 5. 1 , is hereby amended by modifiing the 2nd sentence as follows: With the exception of new roøds created as a result of a pløn of subdivßion and/or a site plan agreementfor a major development, the exìsting Countv and Munícípal road system ß considered adequate to meet the needs of the Munìcipalþ over the planning period. ll7) That Section 5.2, formerly Section 5.0, is hereby amended by adding the following new subsection: 11S) That Section 5.2, formerly Section 5.0, is hereby amended by adding the following new subsection: 5.2.12 Aclive Transportation By-Law 2009-135 Amendment No. 10 to the Official Plan Page 197 of 269 sidewølks for pedestrian movement within its settlemenl areas. tresnassìng. 119) That Section 5, formerly Section 5.0, is hereby amended by adding the following new subsection: 5..' ENERGY 5.3.1 Enerev Eflicíencv 120) That Section 5.3.3, formerly Section 4.2.8, is hereby amended as follows: 5.3.3 W Renewable Enerw Svstems 5.3.3.1 The Municipality of Bayhøm supports the development of wind renewahle energl systems for electricîty productìon, øs ø soutce of renewable energt for the economíc and environmental beneftt of the Municìpality and the Province, In-+heaurøl 5.3.3.2 W*¿Janrc-+** Renewable enerw svstems should generally be located in Lineron large pørcels of agriculturøl land høving limited residential development on-site or nearby. The sites *ìll should be separatedfromW settlement øreas of Schedule'A!u in order to reduce the potential ìmpact of salety, noße and vßual intrusìon on these areos. The proposed sites will should have access to a public road with the exßting desìgn capacìty to accommodate constructìon and maintenance vehícles neededfor the wln¿farn renewøble enerw svstem. The síte will should have sulfìcient areø to províde setbacks from sensitíve residentiøl and instítutíonøl lønd uses and to By-Law 2009-135 Amendment No. 10 to the Official Plan Page 198 of 269 provide saferyfrom structure colløpse orfalling ice. The whC renewable energy system shell should be designed, buìlt, operated and maintained by ftrms/ indíviduøls qualitied to undertake the work. 5.3.3.3 Renewable energv svstem Droqonents are encouraged to contact the munìcipalt$ prior to commencing lke anv necessarv bachground studìes, to determine the nature and scope of the ßsues, which need to be addressed as ner the municipal consultatíonW W W By-Law 2009-135 Amendment No. 10 to the Official Plan Page 199 of 269 @ l2l) That Section 6.1.1.2, formerly Section 4.2.3.2, is hereby amended as follows: In the Municipality of Bayham the boundøries of the "Hazard Lønds" designøtion have been generalízed on Schedule due to the absence of detailed engineeredflood line mapping ín the we@ Municipalþ. These øreas may be usedfor any ofthepPaç4 ^tt M In øll cases the location of buildíngs and structures for purposes other than Jlood or erosíon control will be regulated through the provisions of the Zoníng By-law after Municìpal Council høs consulted the Conservation Authoríly where applicøble. 122) That Section6.l.2, formerly Section 4.2.3.3, is hereby amended as follows: No buildings ønd structures shall be permitted in the "Hazørd Lands" except where a where such buildings, slructures orJill are intendedforflood or erosion control and are approved by the Municipal Councíl and/or the Consematìon Authorily. 123) That Section 6.1.10.1 a), formerly Section 4.2.3.11 a), is hereby amended as follows: Be subject to the approval of the appropríate Conservation Authoríty, ary! where.l!fu1þ 124) That Section 6.1.10.1 c), formerly Section 4.2.3.11 c) is hereby amended as follows: Be capable of withstanding damaging storms, ice and high water condítions, o!. I25) That section6.2.l.1, formerly Section 4.4.9.1, is hereby amended as follows: Lønds that may be subject to periodictlooding or slope instability are identiJícd øs either "Floodwøy" or "Flood Frìnge" on Schedule uC' usÍng a two zone concept for flood plø¡ns. These lønds øre assocìated wíth the Big Otter Creek, whìch flows through the village of Vìenna 126) That Section 7, formerly Section 6.0, is hereby amended by modiffing the introductory paragraph as follows: Municipal Councíl høs determíned thøt øll of the Hamlets and Villages shown on Schedule'Al'lo the Olftcíal Plan shallformthe community improvement øreøs in the Municipølþ of Bayham duríng the 2001101#2009-1029 planning períod. By-Law 2009-135 Amendment No. 10 to the Official Plan Page 200 of 269 I27) That Section7.2.3, formerly Section 6.3.3, is hereby amended by adding the following new subsection: 7.2.3.7 The areø or site constitutes a va previouslv developed and møv be contøminated l2S) That section 8.2.1.1, formerly Section 8.2.1, is hereby amended as follows: The boundøries of øll lønd use desígnations lls depicted on Schedule nAl', uB', uC'und "D" øre approxímate... I29) That Section 8.2 is hereby amended by adding the following new subsection: Land bv the Crown or its asents. 130) That Section 8.4 is hereby amended by deleted subsection 8.4.1 in ts entirety. 131) That Section 8.4, is amended by adding the following new subsection I32) That Section 8.5 is hereby amended by adding the following new subsections: identilied ín the Plan. ness. By-Law 2009-135 Amendment No. 10 to the Official Plan Page 201 of 269 request for informøtion ß reasonøble. prescribed ìn the Plan. 133) That Section 8.5.2.1, formerly Section 8.5.1.1, is hereby amended as follows: 8.5,2.1 The publíc will be given the opportunity to present their views on proposed amendments to the Offtcial Plan or for Community Improvement PIøns at a publìc meeting, which will be held by lhe Munícipal Council ìn conneclion wíth the regular cycle of scheduled meetings. 134) That Section8.5.2.2, formerly Section 8.5.1.2 is hereby amended as follows: 8.5.2.2 The notice of a public meeling shøll include a description of the nature and location of the proposed Oflïcíal Plan amendmentrZonüS-Bv-lurp.or Community Improvement Plan, ønd the place, date and time of the public meeting. 135) That Section8.5.2.3, formerly Section 8.5.1.3 is hereby amended as follows: In the case of comprehensive Officíal Plan or Zonine BvJaw ømendments which wíll affect the entìre munìcípalþ;@a Community Improvement Plan, notice shall be given by publication... 136) That Section 8.5.2.5, formerly Section 8.5.1.6 is hereby amended as follows: moditications to the proposed ømendment to the Olficial Plan unity Improvement Plan ... 137) That Section8.5.2.6, formerly Section 8.5.2.6, is hereby amended as follows: Proposed officiøl plan amendments and proposed zonìng hy-law amendments which affect the søme area or ßsues will be discussed at the søme public meeting ... 138) That Section 8.5.3.1, formerly Section 8.5.1.3, is hereby amended as follows: In the instance of site-speciJíc notìce shall be gìven ìn the mønner prescríbed ín Sectíon 8.5.1. 139) That Section 8.5 is hereby amended by adding the following new subsections: By-Law 2009-135 Amendment No. 10 to the Official Plan Page 202 of 269 public meetínss. ndments related to a Fìve Yeør Review ønd./or public meeting. 140) That Section 8.5.5, formerly Section 8.5.3, is hereby amended as follows: 8.5.5.1 ghjeet¡ens Appeqhto Official Plan Amendments, Community Improvement Plans and Amendments, Zoníng By-laws and Amendments shall be adminìslered pursuant to the requirements of the Planning AcL 8.5.5.2 Any person or agency may object to, or supporl any ofJicial plan or umendment, community improvement plan or amendment... I4l) That Section 8.6.1 .1, formerly Section 8.6.1, is hereby amended by adding the following as the 1't sentence: I42) That Section8.6.2.l, formerly Section 8.6.4, is hereby amended by as follows: In the ínstance of ø proposed draft plan of subdivísion, notice shall be given by publication in a newspaper, which the Clerk of the Municipality considers to provide sufftcient general circulation in the affected area to gíve the publìc reasonable notice, not less than 2e U days prior to the public meeting. Lønd ownerc and tenants of the affected area or within 120 metres of the øffected area shall be identiJìed, øs shown on the last revßed assessmenl roll of the municipality at the øddress shown on lhe roll or øs índìcated where the Clerk of the Municipalily has received written notice of ø change of ownership or occupancy, ønd shall receíve additionøl notíficatìon through prepaidfirst class maíL, to be posted not less thøn 2A 14 døys príor to the public meeting. 143) That SectionS.T.2.5,formerly Section 8.7.7 is hereby amendedbydeleting "Ð" andadding "5Q" to the section in reference to the applicable Section of the Planning Act. 144) That Section heading 8.9.1.1, formerly Section 8.9.1, is hereby amended by deleting the reference to "Æ" and replacing it with *8.4.2.I". By-Law 2009-135 Amendment No. 10 to the Official Plan Page 203 of 269 I45) That Section 8.10.2.1, formerly Section 8.10.4, is hereby amended as follows: Thefollowing policies apply to development in proxìmity to øll known active andformer waste dìsposøl/transfer sítes situated both within the Municipality of Bayham and those situated in adjacent municìpølitìes within 500 metres of the municìpal boundary. ary! ß on Schedule uA2'to the Plun. 146) That section 8.14.1.1, formerly Section 8.14.1. is hereby amended as follows: Thk Plan shall undergo a comprehensive review approximately everyfiveyearsfollowing its approval by the Minister to ensure; o That it remaìns responsive to changing conditions snd circumstances alþcting the Municipality of Bøyhøm 147) That Section 8.15.3 b) of the Official Plan is hereby deleted in its entirety. 14S) That Section 8.16.1.2, formerly Section 4.4.2.1, is hereby amended as follows: Holdìng (h) symbols will generally be utílízed on lands intendedfor development in the villages and hamlets of the municipalily I49) That Section 8.16 is hereby amended by adding the following new subsection: Zoníne Bv-lavl 150) Schedule "Al" Land Use, formerly Schedule "A" Future Land Use, of the Offrcial Plan of the Municipality of Bayham is hereby amended by changing from "Agriculture" to "Hamlets" those lands outlined and marked as changed to "Hamlets" on the attached Schedule "Al" and more accurately described as follows: a) 0.1 hectares of land in Part Lot 4, Concession 10 (Corinth); b) 0.3 hectares of land in Part Lot6, Concession 9 (Corinth); c) 1.8 hectares of land in Part Lot 5, Concession 9 (North Hall) d) 6.3 hectares of land in Part Lot 6, Concession 8 (North Hall); By-Law 2009-135 Amendment No. 10 to the Official Plan Page 204 of 269 e) 0.8 hectares of land in Part Lot 110, NSTR (Richmond); Ð 0.8 hectares of land in Part Lot 1, Concession 4 (Calton); g) 0.6 hectares of land in Part Lot 1, Concession 3 (Calton); 151) Schedule "A1" Land Use, formerly Schedule "4" Future Land Use, of the Official Plan of the Municipality of Bayham is hereby amended by changing from "Hamlets" to "Agriculture" those lands outlined and marked as changed to "Agriculture" onthe attached Schedule "A1" and more accurately described as follows: a) 2.4hectares of land in Part Lot 5, Concession 9 (Corinth); b) 7.5 hectares of land in Part Lot 6, Concession 9 (North Hall); c) 12.9 hectnes of land in Part Lot 7 , Concession 8 (North Hall); d) 1.4 hectares of land in Part Lot l l l, NSTR (Richmond); e) 5.4 hectares of land in Part Lot 110 &,lIl, SSTR (Richmond); Ð 6.0 hectares of land in Part Lot 111 &,112, SSTR (Richmond); g) 1.9 hectares of land in Part Lot 1, Concession 4 (Calton); h) 2.7 hectares of land in Part Lot 1, Concession 4 (Calton); 152) Schedule "A1" Land Use, formerly Schedule "A" Future Land Use, of the Official Plan of the Municipality of Bayham is hereby amended by changing from "Agriculture"to "Specific Policy Areas" those lands outlined and marked as changed to "Specific Policy Areas" on the attached Schedule "Al" and more accurately described as follows: a) Part Lot 24 &.25, Concession 9 (New England); b) Part Lot 6-8, Concession I (Chateau V/yndemere) By-Law 2009-135 Amendment No. 10 to the Official Plan Page 205 of 269 153) Schedule "41" Land Use, formerly Schedule "A" Future Land Use, of the Official Plan of the Municipality of Bayham is hereby amended by changing from "Agriculture" to "Natural Heritage" those lands outlined and marked as changed to "Natural Heritage" on the attached Schedule "41 ". 154) Schedule "Al" Land Use, formerly Schedule "A" Future Land Use, of the Off,rcial Plan of the Municipality of Bayham is hereby amended by changing from "Agriculture" to "Natural Gas Reservoir" those lands outlined and marked as changed to "Natural Gas Reservoir" on the attached Schedule "41". 155) Schedule "41" Land Use, formerly Schedule "4" Future Land Use, of the Official Plan of the Municipality of Bayham is hereby amended by changing from "Agriculture" to "Mobile Home Parks" those lands outlined and marked as changed to "Mobile Home Parks" onthe attached Schedule "Al" and more accurately described as Part Lot 23-24, Concession 9. 156) Schedule "Al" Land Use, formerly Schedule "4" Future Land Use, of the Official Plan of the Municipality of Bayham is hereby amended by changing from "Agriculture" to "Seasonal Travel Trailer and Campgrounds" those lands outlined and marked as changed to "Seasonal Travel Trailer and Campgrounds" on the attached Schedule "41" and more accurately described as a) Part Lot 5, Concession 8 b) Part Lot 15, Concession 1 157) Schedule "41" Land Use, formerly Schedule "A" Future Land Use, of the Official Plan of the Municipality of Bayham is hereby amended by changing from "Agriculture" to "Commercial" those lands outlined andmarked as changed to "Commercial" onthe attached Schedule "41" and more accurately described as Part Lot 15, Concession 4. 153) Schedule "41" Land Use, formerly Schedule "A" Future Land Use, of the Offrcial Plan of the Municipality of Bayham is hereby amended by changing from "Agriculture" to "Industrial" those lands outlined and marked as changed to "Industrial" on the attached By-Law 2009-135 Amendment No. 10 to the Official Plan Page 206 of 269 Schedule "Al " and more accurately described as Part Lot 2 I , Concession I I . 159) Schedule'041" Land Use, formerly Schedule "4" Future Land Use, of the Official Plan of the Municipality of Bayham is hereby amended by changing from "Agriculture" to "Licensed Pits and Quarries" those lands outlined and marked as changed to "Licensed Pits and Quarries" on the attached Schedule "41" and more accurately described as Part Lot 119, SSTR. 160) Schedule "Al" Land Use, formerly Schedule "4" Future Land Use, of the Offrcial Plan of the Municipality of Bayham is hereby amended by changing from "Agriculture" to "Conservation Lands" those lands outlined and marked as changed to "Conservation Lands" on the attached Schedule "Al" and more accurately described as PartLotlI4, SSTR. 161) The attached Schedule "A2" - Constraints of the Official Plan of the Municipality of Bayham is hereby added in its entirety. 162) Schedule "8" Straffbrdville Future Land Use is hereby deleted and replaced by the attached Schedule 'B' - Straffordville: Land Use and Constraints. 163) Schedule "C" Vienna Future Land Use is hereby deleted and replaced by the attached Schedule 'C' - Vienna: Land Use and Constraints. 164) Schedule "D" Port Burwell Future Land Use is hereby deleted and replaced by the attached Schedule 'D'- Port Burwell: Land Use and Constraints By-Law 2009-135 Amendment No. 10 to the Official Plan Page 207 of 269 ÍO\^JNSHIP OF SO OFFICIAT PLAN OF THE MUNICIPALITY of BAYHAM SCHEDULE'A1. MUNICIPATITY OF BAYHAM: LAND USE Rosoufco U!g¡ E Agriculture S¡gn¡ficantANSl's f S¡gn¡fiæntWetlands f Significantwoodlands IÐ Estate Residenlial Mob¡le Home Parks Seasonal Travel TE¡ler and Campgrounds lnst/tutional Commercial Reseational lnduslrial Conseryation Lands Ucsæd Pits and Quar¡es Specific PolicyAreas Hamlets onTo Ba!o Foaturo! Prov¡nc¡al H¡ghMy 3 County Roads Local Roads Railway - \ åter@uFe/Shorel¡ne 'l:75,000 Schedule 'Al'foms pârt of Of,¡c¡al Plan of the Munic¡pality ol Bayham and must b€ read in conjunction with the written tel. Lake Erie By-Law 2009-135 Amendment No. 10 to the Official Plan Page 208 of 269 Q II oq I ztc OFFICIAT PLAN OF THE MUN¡CIPALIW of BAYHAM SCHEDULE'42' MUNICIPALITY OF BAYHAM: CONSTRAINTS Con¡lrainls Hazard Lands É tr¡¡neml¡ggregate Resouræ Area ØA Naturâl Gas Reseruoir . Ex¡st¡ng Petroleum Wells I Fomer ì /aste DÌsposal S¡te Bâse Features Prcv¡ncial H¡ghway 3 County Roads Loæl Ræds.+ Railway - Wâter@uße / Shoreline N ^v<r>E V S o 1 2 4Kilor"n". 1:75,000 schedulê'A2'foms páñ ol offic¡.| Plan of the Mun¡cipality of Båyhsm and must be Þåd ¡n con¡unct¡on with the written text By-Law 2009-135 Amendment No. 10 to the Official Plan Page 209 of 269 OFFICIAT PLAN OF THE MUNICIPALITY of BAYHAM SCHEDULE'B' STRAFFORDVILTE: I.AND USE and CONSTRAINTS Land U!c E Residential I Commercial I lnst¡tut¡onal I lndustrial E openspace Contlra¡nts E-.-g!_E!s4l County Roads Local Roads N ^wdJþe V S o 75 150 300 Metres l:7,500 Sch.dule'B'loms p.É of Ofi¡cial Pl.n ot the Munic¡p6l¡ty of Bayham ånd musl be E¡d ln coniunct¡on wilh th. wrifrên tcf. B y - L a w 2 0 0 9 - 1 3 5 A m e n d m e n t N o . 1 0 t o t h e O f f i c i a l P l a n P a g e 2 1 0 o f 2 6 9 OFF¡CIAI PtAN OF THE MUNICIPATITY of BAYHAM SCHEDULE.C' VIENNA: I.AND USE and CONSTRAINTS Lr¡-clrji- E Residential I Commercial I lnstitut¡onal I lndustrial E Open Space Conrlralnt! A HazardLands N Flood Fringe æ Floodway g¡slæ-!-q. - County Roads - Loel Roeds I Water@urse *J!, V 1Æ zaô 560 'l :10,000 schêdulê'C'foms peff of off¡ci¡l Pl¿n ot the Munic¡pål¡ty of Båyham End musl bG rÊäd ¡n con¡uncl¡on with thè wr¡frèn bÍ B y - L a w 2 0 0 9 - 1 3 5 A m e n d m e n t N o . 1 0 t o t h e O f f i c i a l P l a n P a g e 2 1 1 o f 2 6 9 OFFICIAL PLAN OF THE MUNICIPATITY of BAYHAM SCHEDULE'D' PORT BURWELT: TAND USE and CONSTRAINTS N ^w<¡ÞE Y s o 125 250 500 Metres 1 :10,000 Schldul€'D'toms pad ol OF¡c¡sl PlEh ol the Mun¡c¡p.lity of B.yh¡m ¡nd must be reed in conjunct¡on with the wa¡tun teÍ. B y - L a w 2 0 0 9 - 1 3 5 A m e n d m e n t N o . 1 0 t o t h e O f f i c i a l P l a n P a g e 2 1 2 o f 2 6 9 THE CORPORATION OF'THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2009-138 A BY.LAW TO AUTHORIZE THE EXECUTION OF AN AGREEMENT BETWEEN THE MUNICIPALITY OF BAYHAM AI\D HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO AS REPRESENTED BY THE MINISTER OF ENERGY AND INFRASTRUCTURE AND MINISTER OF' HEALTH PROMOTION RE,GARDING THE RECREATIONAL INF'RASTRUCTT]RE CANADA PROGRAM IN ONTARIO WHEREAS the Municipality of Bayham submitted application for funding to the Recreational Infrastructure Canada program; Al[D WHEREAS the Municipality has received confirmation of conditional funding support under the program subject to the completion of the RlnC Contribution Agreement; AND WHEREAS the Council of the Corporation of the Municipality of Bayham is desirous of entering into the said Contribution Agreement; THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLO\MS: 1. THAT the Mayor and Clerk be and are hereby authorized and directed to execute the Agreement attached hereto as Schedule "4" and formingpart of this byJaw between the Municipality of Bayham and Her Majesty the Queen in Right of Ontario for the provision of funding under the Recreational Infrastructure Canada program. 2. THAT this by-law shall come into full force and effect upon final passing. READ A FIRST, SECOND A¡ID THIRD TIME AND FINALLY PASSED THIS 17th DAY OF DECEMBER 2009. MAYOR CLERK By-Law 2009-138 A By-Law to authorize the execution of an agreement (Recreation Infrastructure Funding) Page 213 of 269 Page 214 of 269 REGREATIONAL INFRASTRUCTURE GANADA PROGRAM IN ONTARIO CONTRIBUTION AGREEMENT Ontario File Number: SWl014 Project Numbe(s): R1104, R1105 THIS AGREEMENT made ln quadruplicate as of the _ day of _, 2009. B E T W E E N: HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO as represented by the Minister of Energy and lnfrastructure and the Minister of Health Promotion (referred to collectively herein as the "Ministry") A N D: THE CORPORATION OF THE MUNICIPALITY OF BAYHAM (referred to herein as the "Recipient") WHEREAS the Ministry and the Recipient recognize that investments in public infrastructure are fundamental to the quality of life of Ontarians and necessary to ensure continued economic growth; AND WHEREAS the purpose of the Recreational lnfrastructure Canada Program in Ontario and Ontario Recreational Program (referred to collectively herein as "RlnC/Ontario REC") is to rehabilitate and/or repair recreationalfacilities such as arenas, swimming pools and other recreational facilities; AND WHEREAS RlnO/Ontario REC is being administered by the Government of Ontario, AND WHEREAS investments under RlnC/Ontario REC focus on projects in communities to advance federal and provincial objectives of economic growth, and strong and prosperous communities; AND WHEREAS RlnC/Ontario REC supports projects that address local needs; AND WHEREAS Recipients under RlnO/Ontario REC may apply for funding for projects in the categories of arenas; gymnasia; swimming pools; sports fields; tennis, basketball, volleyball or other sport-specific courts; parks, fitness trails and bike paths; as well as other multi-purpose facilities that have physical recreation activity as the primary rationale (a "Project"); AND WHEREAS this Agreement defines the terms and conditions of a financial contribution from Canada and Ontario to assist with the Project under RlnO/Ontario REC; NOW THEREFORE in consideration of the mutual covenants and agreements herein contained and other good and valuable consideration (the receipt and sufficiency of which are hereby acknowledged), the parties covenant and agree as follows: This Agreement, including: Schedule "A" - General Terms and Conditions Schedule "8" - Description of the Project(s) Schedule "C" - Eligible and lneligible Costs Schedule "D" - Financial Assistance Schedule "E" - Federal Requirements Schedule "F" - Additional Provisions Schedule "G" - Communications Requirements Schedule "H" - Expenditure and Job Creation Report By-Law 2009-138 A By-Law to authorize the execution of an agreement (Recreation Infrastructure Funding) Page 215 of 269 Rl nC/Ontario REC Contribution Ag reement for lnfrastructure Projects Schedule "l" - Budget Schedule "J" - Project Timeline Schedule "K' - Other Funding Schedule "L" - Aboriginal Consultation Protocol Schedule "M" - Form of Certificate Schedule "N" - Solemn Declaration of Substantial Completion constitutes the entire agreement between the parties with respect to the subject matter contained in this Agreement and supersedes all prior oral or written representations and agreements. lN WITNESS WHEREOF, the Ministry and the Recipient have respectively executed and delivered this Agreement on the date set out above. HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO as represented by the Minister of Energy and lnfrastructure Date Name: The Honourable Gerry Phillips Title: Minister HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO as represented by the Minister of Health Promotion by: Date Name: The Honourable Margarett R. Best Title: Minister THE CORPORATION OF THE MUNICIPALITY OF BAYHAM by: Date Name: Lynn Acre Title: Mayor Date Name: Lynda Millard Title: Clerk l/we have authority to bind the Recipient by: Page 2 of 53 By-Law 2009-138 A By-Law to authorize the execution of an agreement (Recreation Infrastructure Funding) Page 216 of 269 RlnC/Ontario REC Contribution Agreement for lnfrastructure Projects SCHEDULE ffA'' GENERAL TERMS AND CONDITIONS SECTION I DEFINITIONS AND INTERPRETATION 1.1 Definitions. When used in this Agreement (including the cover and execution pages and all of the schedules), the following terms shall have the meanings ascribed to them below unless the subject matter or context is inconsistent therewith: "Adjust the Financial Assistance" means adjust or terminate the Financial Assistance for the Project or any other provincial program(s) or initiative(s) (either current or future), and/or require repayment for some or all of the Financial Assistance for the Project in an amount to be determined by the Ministry and within the period specified by the Ministry. "Agreement" means this Contribution Agreement, including the cover and execution pages and all of the schedules hereto, and all amendments made hereto in accordance with the provisions hereof. "Allowable Financial Assistance" has the meaning given to it in Section 8.1 of Schedule "4" . "Budget" means the budget for a Project set out in Schedule "1". "Business Day" means any day on which Ministry offices generally are open for business in the Province of Ontario. "Gommunication Requirements" means the communication requirements set out in Schedule "G", or as directed by the Ministry from time to time. "Gonsultant" means any consultant, engineer, contractor, project manager, architect or other service provider, as the case may be, retained by the Recipient to undertake any part of the work related to the Project. "Gontract" means a contract between a Recipient and a third party at arm's length whereby the latter agrees to provide a product or service to the Project in return for financial consideration that may be claimed as an Eligible Cost. "Grown Agency" means a crown agency as defined in the Crown Agency Acf, R.S.O. 1990, c. C.48, as amended. "Eligible Costs" has the meaning given to it in Section 3.1 of Schedule "4" and Schedule "C". "End of Financial Assistance Date" means March 31,2011. "Environmental Contaminant" means any hazardous or toxic substance or material including, without limitation, products of waste, contaminants, pollutants, dangerous substances, noxious substances, toxic substances, hazardous wastes and flammable, explosive or improperly handled friable materials. "Environmental Laws" means all applicable federal, provincial or municipal laws, regulations, by-laws, orders, rules, policies or guidelines respecting the protection of the natural Page 3 of 53 By-Law 2009-138 A By-Law to authorize the execution of an agreement (Recreation Infrastructure Funding) Page 217 of 269 Rl nC/Ontario REC Contribution Agreement for I nfrastructu re Projects environment, public or occupational health or safety, and the manufacture, importation, handling, transportation, storage, disposal and treatment of Environmental Contaminants and include, without limitation, the EnvironmentalProtection Acf, R.S.O. 1990, c. E. 19, as amended, the EnvironmentalÁssessment Act, R.S.O. 1990, c. E. 18, as amended, the Ontario Water Resources Acf, R.S.O. 1990, c. O. 40, as amended the Canadian Environmental Protection Act 1999, S.C. 1999, c. 33, as amended, the Canadian EnvironmenfalAssessment Acf, S.C. 1992, c.37, as amended, the FisheriesAcf, R.S.C. 1985, c. F-14, as amended and the Navþable Waters Protection Acf, R.S.C. 1985, c. N-22, as amended. "Event of Default" has the meaning given to it in Section 15.1 of Schedule "4". "Expenditure and Job Greation Report" is attached as Schedule "H". "Expiration Date" means March 31,2012. "Federal Licensed Marks" has the meaning given to it in Section 5 of Schedule "E". "Federel Maximum Financial Assistance" for each Project is shown in Schedule "D". "Facilit¡/" means publicly- or privately-owned fixed capital assets in Ontario for public use or benefit, constructed or improved through FinancialAssistance which is provided pursuant to this Agreement and is the result of the Project. "Final Report" is described in Section 6,3 of Schedule "4". "Final Report Date" means June 30, 2011. "FinancialAssistance" means the funds to be provided by the Ministry to the Recipient pursuant to this Agreement. "Fiscal Yea/' means the period beginning on April 1 of a year and ending on March 31 of the following year. "Generally Accepted Accounting Principles" means the Canadian Generally Accepted Accounting Principles as adopted by the Canadian lnstitute of Chartered Accountants, applicable as at the date on which such calculation is made or required to be made under the Agreement in accordance with Generally Accepted Accounting Principles. "Government of Cenada" means Her Majesty the Queen in right of Canada. "lndemnified Parties" means Her Majesty the Queen in right of Ontario, Her Ministers, directors, officers, agents, appointees and employees. "lneligible Costs" means the costs so described in Schedule "C". "Licensed Marks" has the meaning given to it in Section 13.1 of Schedule "A". "Local Government" means a "municipality" as defined in the Municipal Act, 2001 , S.O. 2001, c.25, as amended, and includes a local board of a municipality and a board, commission or other local authority exercising any power with respect to municipal affairs or purposes in an unorganized township. "Maximum FinancialAssistance" means Ontario Maximum FinancialAssistance plus Federal Page 4 of 53 By-Law 2009-138 A By-Law to authorize the execution of an agreement (Recreation Infrastructure Funding) Page 218 of 269 RlnC/Ontario REC Contribution Agreement for lnfrastructure Projeds Maximum FinancialAssistance for each Project as shown in Schedule "D". "Ministry" has the meaning given to it on the cover page of this Agreement. "Ontario Maximum Financial Assistance" for each Project is shown in Schedule "D". "Other Funds" means funds provided to a Project by the Recipient, including cash or debt and/or third party contributions to a Project, including but not limited to donations, gifts or grants as the Recipient may from time to time receive, as shown for each Project in Schedule "K". "Payment Gertifie/' means a payment certifier as defined in subsection 1(1) of the Construction Lien Act, R.S.O. 1990, c. C.30, as amended (Ontario). "Project" means the project or projects as described in Schedule "8". "Project Construction Start Date" for each Project is the date identified in Schedule "8". "Progress Report" has the meaning given to it in Section 6.1 of Schedule "4". "Project Timeline" for each Project is the timeline set out in Schedule "J". "Recipient" has the meaning given to it on the first page of this Agreement. "RlnG/Ontario REG" has the meaning given to it on the cover page of this Agreement. "solemn Declaration of Substantial Completion" means the form set out in Schedule "N". "substantially Gompleted" has the same meaning and shall be determined in accordance with how the term "substantially performed" is determined in subsection 2(1) of the Consfruction Lien Acf, R.S.O. 1990, c. C.30, as amended, and "SubstantialCompletion" shall have a corresponding meaning. "Total Eligible Gosts" means the anticipated amount of Eligible Costs that the Recipient may incur for a Project pursuant to this Agreement, as shown for each Project in Schedule "D". "Total Other Funds" for each Project is shown in Schedule "K". 1.2 Herein, efc. The words "herein", "hereof' and "hereundei' and other words of similar import refer to this Agreement as a whole and not to any particular schedule, article, section, paragraph or other subdivision of this Agreement. 1.3 Currency. Any reference to currency is to Canadian currency and any amount advanced, paid or calculated is to be advanced, paid or calculated in Canadian currency. 1.4 Súafuúes. Any reference to a statute is to such statute and to the regulations made pursuant to such statute as such statute and regulations may at any time be amended or modified and in etfect and to any statute or regulations that may be passed that have the effect of supplementing or superseding such statute or regulations. 1.5 Gender, singular, eúc. Words importing the masculine gender include the feminine or neuter gender and words in the singular include the plural, and vice versa. 1.6 Ministry Approvals. Any reference to, or requirement for, the approval of the Ministry Page 5 of 53 By-Law 2009-138 A By-Law to authorize the execution of an agreement (Recreation Infrastructure Funding) Page 219 of 269 Rl nC/Ontario REC Contribution Agreement for I nfrastructure Projects in this Agreement or in any schedule hereto shall be deemed to require the prior and express written approval of the Ministry. 1.7 Multiple Projects. Any reference to "the Project" means each and any Project, where more than one Project is listed in Schedule "B". sEcfloN 2 TERM OF AGREEMENT 2.1 Term. Subject to any extension or termination of this Agreement or the survival of any of the provisions of this Agreement pursuant to the provisions contained herein, this Agreement shall be in effect from the date set out on the first page of this Agreement, up to and including the Expiration Date (the "Term"). 2.2 End of Financial Assisfance Date. Notwithstanding anything in this Agreement and regardless of the Project's state of completion, the Ministry shall not be obligated to provide Financial Assistance under this Agreement after the End of Financial Assistance Date. The Recipient will be responsible for any financial obligations related to the Project or this Agreement that it incurs after the End of Financial Assistance Date. 2.3 Project Completion Date. The Recipient shall complete the Project by the End of Financial Assistance Date. The Government of Ontario shall not be obligated to provide Financial Assistance under this Agreement for any costs incurred after the End of Financial Assistance Date. sEcTtoN 3 ELIGIBLE COSTS 3.1 Eligible Cosfs. For a cost to be eligible for Financial Assistance pursuant to this Agreement (an "Eligible Cost"), the cost must be included in Schedule "C", Part C.1, except where otherwise expressly approved in writing by the Ministry. For greater certainty, where Schedule "8" identifies a portion of the Facility that is specifically excluded from the description of the Project under this Agreement, the costs associated with that portion of the Facility is not eligible for Financial Assistance. 3.2 Eligible Cosús, Parameters. ln addition to meeting the requirements of Section 3.1 of Schedule "A", in order for a cost or expenditure to be an Eligible Cost, the cost or expenditure must: (a) be reasonable; (b) be directly related to the Project; (c) be specifically identified in the Budget as an Eligible Cost; (d) be a cost or expenditure that would not otherwise have been incurred by the Recipient but for the Recipient carrying-out the Project; (e) be an actual cash outlay by the Recipient to third parties acting at arm's length that can be documented through paid invoices or receipts made pursuant to a Contract; and (Ð have been incurred on or after June 26, 2009 and on or before March 31, 2011 . The final determination of the eligibility of any costs claimed is at the sole and absolute discretion of the Ministry. 3.3 Retention of Receþús. The Recipient shall retain all records of payments related to Page 6 of 53 By-Law 2009-138 A By-Law to authorize the execution of an agreement (Recreation Infrastructure Funding) Page 220 of 269 Rl nC/Ontario REC Contribution Agreement for I nfrastructu re Projects Eligible Costs including, without limitation, invoices and receipts, for audit purposes, for seven (7) years after the Substantial Completion of a Project, or for such period as the Ministry may, in writing, direct, and such documentation must be made available to the Ministry upon request. 3,4 lneligible Cosús. Notwithstanding anything else contained herein, the costs set out in PartC.2 of Schedule "C" ("lneligible Costs") are not eligible for FinancialAssistance pursuant to this Agreement. 3.5 Deemed ineligible. The Recipient acknowledges that the Ministry's Fiscal Year ends on March 31 in each year, and that should a cost not be submitted by the Recipient for payment of Financial Assistance before March 31 of the year following the Fiscal Year in which it was incurred, such cost shall be deemed ineligible for FinancialAssistance. 3.6 Clarification. The Recipient expressly acknowledges that the inclusion of an item in the Budget does not necessarily mean that such item is an Eligible Cost. sEcTtoN 4 FINANCIAL ASSISTANCE 4.1 Use of Financial Assisfance. The Financial Assistance is intended for and shall be used by the Recipient only for Eligible Costs incurred by the Recipient related to a Project. 4.2 Basís of Payout of FinancialAssrsfance. The FinancialAssistance will be provided by the Ministry to the Recipient on the basis set out in Schedule "D". 4.3 Repoñing. The Recipient is required to submit the Progress Report and Expenditure and Job Creation Report to the Ministry pursuant to Section 6 of Schedule "4" prior to the Ministry releasing any Financial Assistance, other than the Financial Assistance advanced as set out in Section 4.4. 4.4 Financial Assrsúance Advanced The Ministry may provide to the Recipient 25o/o of the Financial Assistance expected to be paid to the Recipient in 2009-10 as set out in Schedule "D", prior to the Ministry receiving evidence that the Recipient has incurred the associated Eligible Costs (the "2009 advance payment(s)"). The Recipient is required to submit invoices demonstrating full use of the 2009 advanced payments with its Progress Reports to the Ministry. The Ministry will only make further payments of Financial Assistance in 2009-10 following the Recipient's submission of these invoices with its Progress Reports to the Ministry and showing the full use of the 2009 advance payment. lf the Recipient is unable to provide invoices by March 31, 2010 demonstrating full use of the 2009 advanced payment, the Ministry may Adjust the Financial Assistance. Provided that the Recipient has provided the invoices for the 2009 advance payment, if any, and is otherwise in compliance with this Agreement, the Ministry may provide to the Recipient 25o/o of the FinancialAssistance expected to be paid to the Recipient in 2010- 11 as set out in Schedule "D", prior to the Ministry receiving evidence that the Recipient has incurred the associated Eligible Costs (the "2010 advance payment(s)"). Subject to these requirements, the Ministry will pay the 2010 advance payment to the Recipient after the start of the 2010 Fiscal Year. Page 7 of 53 By-Law 2009-138 A By-Law to authorize the execution of an agreement (Recreation Infrastructure Funding) Page 221 of 269 Rl nC/Ontario REC Contribution Ag reement for I nfrastructure Projects The Recipient ¡s required to submit invoices demonstrating full use of the 2010 advanced payments in Progress Reports to the Ministry. The Ministry will only make further payments of Financial Assistance in 2010-1 1 following the Recipient's submission of invoices with its Progress Reports to the Ministry and showing the full use of the 2010 advance payment. lf the Recipient is unable to provide invoices by March 31, 201 1 demonstrating full use of the 2010 advance payment, the Ministry may Adjust the Financial Assistance. 4.5 Deposit of FinancialAssísfance in Canadian Financial lnstitution and lnterest on Financial Assisúance Advanced. All Financial Assistance provided, including any advance payments or further advance payments as well as all interest earned thereon, shall be deemed to remain the property of the Government of Ontario and must be held by the Recipient for the Government of Ontario in an interest bearing account in the name of the Recipient at a Canadian financial institution, pending payment by the Recipient of Eligible Costs. The amount of interest earned (if any) shall be reported to the Ministry as part of a Progress Report. lf the Recipient earns any interest on the advanced Financial Assistance the Ministry may: a) Deduct an amount equal to the interest from any other payment of Financial Assistance; orb) Direct the Recipient to pay an amount equal to the interest to the Ministry. 4.6 Maximum FinancialAssrcúance. The total amount of Financial Assistance provided to the Recipient for a Project shall in any event be no greater than the Maximum Financial Assistance for that Project as set out in Schedule "D". 4.7 Excess Financial Assisfance. Where actual costs are lower or appear likely to be lower than the Total Eligible Costs, or where additional funding is secured from other government sources such that the funds available to the Recipient for the Project exceed the Maximum FinancialAssistance, the Recipient shall immediately notify the Ministry and the Ministry may, in its sole discretion, Adjust the FinancialAssistance. 4.8 Stacking. Totalfunding from all provincial sources, including Provincial Maximum Financial Assistance and any tax credits available to the Recipient in respect of a Project, must not exceed the Total Eligible Costs for that Project. Totalfunding from allfederal sources, including the Federal Maximum Financial Assistance and any tax credits available to the Recipient in respect of a Project, must not exceed fifty (50) percent of Total Eligible Costs for that Project. 4.9 lnterdependentWork. Where implementation of a Project is dependent on completion of work by others and the interdependent work is not completed by others in whole or in part, the Ministry may, in its sole discretion, Adjust the Financial Assistance for the Project. 4.10 Recipient not carrying out Project. The Recipient shall immediately notify the Ministry if it does not intend to carry out a Project in whole or in part as specified in Schedule "8", in which case the Ministry may, in its sole discretion, Adjust the FinancialAssistance. 4.11 New lnformation. ln the event of new information, errors, omissions or other circumstances affecting the determination of the amount of Financial Assistance under this Agreement, the Ministry may, in its sole discretion, Adjust the FinancialAssistance. Page 8 of 53 By-Law 2009-138 A By-Law to authorize the execution of an agreement (Recreation Infrastructure Funding) Page 222 of 269 RlnC/Ontario REC Contribution Ag reement for I nfrastructure Projects 4.12 Alternatives to Project. lf the Recipient becomes aware of any means of completing either a Project's objective or a Project itself that are more cost etfective, the Recipient shall immediately notify the Ministry, in which case the Ministry may, in its sole discretion, Adjust the Financial Assistance. Likewise, if the Ministry becomes aware of any alternative means of completing either a Project's objective or a Project that are more cost effective, the Ministry will notify the Recipient and the Ministry may, in its sole and absolute discretion, Adjust the Financial Assistance. 4.'13 Transfer of Financial Assisfance bett¡teen Projects. The Recipient shall not transfer Financial Assistance for one Project to any other Project listed in Schedule "8". 4.14 Goods and Seruices lax. The FinancialAssistance is based on the net amount of Goods and Services Tax to be paid by the Recipient pursuant to the Excise Tax Act, R.S.C. 1985, c. E-15, as amended, net of any applicable rebates, lf and when the Harmonized Sales Tax is phased in within the Province of Ontario, the Financial Assistance will be based on the net amount of the Harmonized Sales Tax to be paid by the Recipient, net of any applicable rebates. 4.15 Reöafes, Credits and Refunds. The FinancialAssistance is based on the net amount to be paid by the Recipient for the Project, net of any applicable rebates, credits or refunds. 4.16 Withholding paymenf. The Ministry may, in its sole discretion, withhold payment of FinancialAssistance where the Recipient is in default in obtaining any necessary permits, approvals or licenses applicable to a Project or is in default of compliance with any provisions of this Agreement or any applicable federal, provincial or municipal laws, and all rules, regulations, by-laws, notices, orders, approvals directives, protocols, policies and guidelines, including Environmental Laws. 4.17 Repayment of Unused FinancialAssisfance upon Expiry of Agreemenf. Without limiting any rights the Ministry has under this Agreement, at law or in equity, the Ministry shall have the right to be repaid, in whole or in part, for Financial Assistance provided by the Ministry and unspent by the Recipient for a Project that has not been completed by the End of FinancialAssistance Date. 4.18 Limitation on Payment of Financlal Assisúance. Notwithstanding Section 4.4 of Schedule "4", the Ministry may choose not to advance any Financial Assistance to the Recipient until the Recipient provides the insurance certificate or other documents required under Section 9 of Schedule "4". 4.19 lnsufficient funds provided by the Legislature. lf the Legislative Assembly of Ontario does not provide sufficient funds to continue the Financial Assistance for any Fiscal Year during which this Agreement is in etfect, the Government of Ontario may terminate this Agreement in accordance with the terms specified in Section 15.5 of Schedule "4". SECTION 5 PROJECT AWARD, MANAGEMENT AND GOMPLETION 5.1 Recipient fully responsible. The Recipient shall be fully responsible for the undertaking, implementation and completion of the Project and shall retain any and all Consultants reasonably required to undertake a project of the size, scope and complexity of the Project. Where implementation of the Project is dependent on work contributed by others, the Recipient shall be fully responsible for obtaining any Page 9 of 53 By-Law 2009-138 A By-Law to authorize the execution of an agreement (Recreation Infrastructure Funding) Page 223 of 269 Rl nC/Ontario REC Contribution Agreement for I nfrastructu re Projects assurances that it may require from others in relation to the implementation of the Project by the Recipient. 5.2 Government of Ontario not responsröle for implementation. The Government of Ontario shall not be responsible in any way whatsoever for the undertaking, implementation and completion of a Project or any interdependent work of others. 5.3 Government of Ontario not responsible for cosfs, eúc. The Government of Ontario shall not be responsible for any costs associated with the operation, maintenance and repair of a Project nor for any claims, proceedings or judgments arising from any tender and bidding process. 5.4 Aboriginal Consultaúion. The Ministry and the Recipient agree to be bound by the terms of the applicable Aboriginal Consultation Protocols set out in Schedules "L.1" and "L.2", as required for each Project as shown in Schedule "8". 5.5 Behaviour of Recipienf. The Recipient shall at alltimes carry out the Project in an economical and businesslike manner, in accordance with this Agreement and, in particular, but without limitation, in accordance with the Budget and the Project Timeline subject to any reasonable changes that the Ministry may agree to or require from time to time in writing. 5.6 Competitiye process. The Recipient shall acquire and manage all equipment, services and supplies, including construction, required for a Project through a transparent, competitive process that ensures the best value for the Financial Assistance received. Where the Recipient is a municipal entity, the Recipient shallfollow its procurement policies as required by the Municipal Act, 2001 , S.O. 2001 , c. 25, as amended or, for the City of Toronto, the City of Toronto Act, 2006, S.O. 2006, c. 1 1, Sched. A, as amended. All other Recipients must ensure that for equipment, services and supplies, the estimated cost of which exceeds $25,000.00, the Recipient shall obtain at least three written quotes unless the Ministry gives prior written approval. The requirement for a competitive process may be waived with prior written approval by the Ministry if: a) the equipment, services or supplies the Recipient is purchasing is specialized and is not readily available; or b) the Recipient has recently researched the market for a similar purchase and knows prevailing market costs for the equipment, services or supplies purchased. 5.7 Trade Agreemenfs. lf the Recipient is subject to any provincial or federal trade agreements to which Ontario is a party, the Recipient shall comply with the applicable requirements of such trade agreements. ln particular, and without limitation, if the Recipient is subject to Annex 502.4 of the Agreement on lnternal Trade, the Recipient shall comply with all of the applicable requirements of that Annex. ln the event of any conflict between the requirements of Section 5.6 of Schedule "A" and the requirements of this Section 5.7, the requirements referenced in this Section 5.7 shall apply. 5.8 Final claims. The Recipient shall submit its final claims for all costs incurred on or before the End of FinancialAssistance Date with the required documentation, including the Final Report as per Section 6.3 of Schedule "4", for the Ministry's approval, cost review, audits (including any value for money audits that the Ministry may decide to undertake in its sole and absolute discretion) within ninety (90) days following the Substantial Completion of the Project and no later than the Final Report Date, whichever Page 10 of53 By-Law 2009-138 A By-Law to authorize the execution of an agreement (Recreation Infrastructure Funding) Page 224 of 269 RlnO/Ontario REC Contribution Ag reement for I nfrastructu re Projecis date is earl¡er, or such later date as the Ministry may specify in writing. Upon completion of the cost review, audits and settlement, the Ministry shall not be obligated to consider any further claims in relation to the Project. The Recipient shall also submit, upon request by the Ministry, any documentation further required for approval, cost review and audits. 5.9 Commencement of Project. Unless otherwise approved by the Ministry, the Recipient shall begin a Project within 60 days of the Project Construction Start Date, failing which the Ministry may declare an Event of Default and terminate this Agreement in accordance with Section 15 of Schedule "4" 5.10 Contracts. The Recipient shall ensure that all Contracts: a) are consistent and do not conflict with this Agreement; b) incorporate the relevant provisions of this Agreement to the fullest extent possible; c) be consistent with all policies and procedures the Government of Canada and/or the Government of Ontario may provide to the Recipient in relation to RlnC/Ontario REC; d) are awarded and managed: (i) in a way that is transparent, competitive and consistent with value for money principles; and(ii) in accordance with all applicable policies and procedures the Government of Ontario may provide to the Recipient; e) require that the parties thereto comply with all applicable federal, provincial or municipal laws, and all rules, regulations, by-laws, notices, orders, approvals, directives, policies, protocols and guidelines; and g) authorize the Governments of Canada and Ontario to collect, use and distribute information and data gathered by parties, perform audits and monitor the Project as the Ministry sees fit. sEcTtoN 6 REPORTING REQUIREMENTS 6.1 Progress Report. The Recipient shall submit progress reports (a "Progress Report") for each Project to the Ministry on a monthly basis, or as requested by the Ministry and the Recipient shallfollow such administrative procedures as are specified from time to time by the Ministry. All Progress Reports shall be in a form satisfactory to the Ministry and shall include, if applicable: a) a detailed description of the progress of the Project to the date of the report; b) particulars of how the Communication Requirements have been implemented or applied, and copies of all communications and public information materials; c) a certificate by a Payment Certifier or the chief financial officer of the Recipient certifying the percentage of the Project completed; Page 11 of53 By-Law 2009-138 A By-Law to authorize the execution of an agreement (Recreation Infrastructure Funding) Page 225 of 269 Rl nO/Ontario REC Contribution Agreement for I nfrastructu re Projects d) details of any veriance from the Project, the Budget and/or the Project Timeline, including any changes to the projected/actual Project Construction Start Date and end date; e) an invoice summary in the form prescribed by the Ministry with all original invoices and receipts for the Project; f) a list of the vendors from which the invoices were received; g) a description of the type of work performed for each invoice; h) an estimated percentage of project completion; i) tender call dates and tender award dates; j) forecasted and actual construction start and end dates for a Project, together with the Project Construction Start Date; k) a certificate of the chief financial officer of the Recipient in the form set out in Schedule "M"; and m) any other information respecting the Project that may be requested by the Ministry. 6.2 Expenditure and Job Creation Repoft. The Recipient shall, in addition to the Progress Report, submit to the Ministry for each Project a quarterly Expenditure and Job Creation Report, as set out in Schedule "H" (which may be amended by the Ministry from time to time), on or before May 15, August 15, November 15 and February 15 in each Fiscal Year. 6.3 Final Repoñ. Within 90 days of Substantial Completion of a Project and no later than the Final Report Date or such later date as is specified in writing by the Ministry, the Recipient shall submit a flnal report (the "Final Report") for the Project to the Ministry and the Recipient shallfollow such administrative procedures as are specified from time to time by the Ministry. Upon the Ministry's acceptance of the Final Report and the processing of final claims, the Ministry shall not be obligated to consider any further claims for Financial Assistance in relation to the Project. All Final Reports shall be in a form satisfactory to the Ministry and shall include: a) a detailed breakdown of projects costs, including: i. engineering / design costs;ii. environmentalassessmentcosts;iii. project management costs;iv. constructioncosts;v. miscellaneous costs; andvi. applicable taxes. b) Project construction start and end dates; and Page 12 of53 By-Law 2009-138 A By-Law to authorize the execution of an agreement (Recreation Infrastructure Funding) Page 226 of 269 Rl nC/Onta rio REC Contribution Ag reement for I nfrastructu re Projects c) a Solemn Declaration of Substantial Completion, in the form set out in Schedule N; and d) a final Progress Report. SECTION 7 RECORDS AND AUDIT 7.1 Separate records. The Recipient shall maintain separate records and documentat¡on for each Project and keep all records and documentation for seven (7) years after the final settlement of accounts referred to in Section 5.8 of Schedule "4". Upon request, the Recipient shall submit to the Ministry all records and documentation relating to the Project including, but not limited to, work authorizations, invoices, time sheets, payroll records, estimates and actual cost of the activities carried out pursuant to this Agreement, together with tenders and proposals, final measurements, payment certificates, change orders, correspondence, memorenda, contracts and amendments thereto which shall be maintained in accordance with Generally Accepted Accounting Principles. 7.2 Provide records to the Ministry. The Recipient shall provide to the Ministry, upon request and at the Recipient's expense (including but not limited to photocopying, electronic media, transportation and postage, associated staff time, information retrieval and other office expenses), all records and documentation (including invoices and certified statement of final costs) of the Recipient and its auditors, contractors, project managers and Consultants relating to the Project or any other project(s) of the Recipient under RlnC/Ontario REC, or any other provincial program(s), for the purposes of cost reviews, audits and settlement, as may be required by the Ministry, of the Project or any other project(s) of the Recipient under RlnC/Ontario REC, or any other provincial program(s). Such material shall be provided in a form and manner satisfactory to the Ministry. 7.3 External auditor. The Ministry may require the assistance of an external auditor to carry out an audit of the material referred to in Sections 7.1 and7.2 of Schedule "A'. lf so, the Recipient shall, upon request, retain an external auditor acceptable to the Ministry at the Recipient's sole expense. The Recipient shall ensure that any auditor who conducts an audit pursuant to this section of the Agreement or otherwise, provides a copy of the audit report to the Ministry for its consideration at the same time that the audit report is given to the Recipient. 7.4 lnformation. The Recipient shall supply to the Ministry, upon request, such information in respect of the Project and its results including without limitation all Contracts and agreements related to the Project and all plans and specifications related to the Project, as the Ministry may require. The Government of Canada and the Government of Ontario, their respective agents and employees, including the Auditor General's Office, shall be allowed access to the Recipient's premises and staff and to the Project site at all reasonable times to (i) inspect the progress and monitor the Project; (ii) perform cost reviews and audits on the Project; and (iii) complete any other auditing or monitoring that may be reasonably required in relation to the Project. 7.5 lnformation condition precedent for payment. ft, in the opinion of the Ministry, any of the information requirements of this Article are not met, the Ministry may, in its sole discretion, require the information as a condition precedent to any payment in relation to the Project or any other project(s) of the Recipient under RlnC/Ontario REC, or any Page 13 of53 By-Law 2009-138 A By-Law to authorize the execution of an agreement (Recreation Infrastructure Funding) Page 227 of 269 Rl nC/Ontario REC Contribution Ag reement for lnfrastructu re Projects other provincial program(s) (either current or future). ln addition, the Ministry may, in its sole discretion, Adjust the Financial Assistance. 7.6 Auditor General of Canada. The Auditor General of Canada, may, at the Auditor General of Canada's cost, conduct an audit with respect to the use of Financial Assistance under this Agreement. For the purposes of facilitating such inquiry, the Recipient shall release to the Ministry upon request and in a timely manner, for the purpose of releasing to the Auditor General of Canada: all records held by the Recipient, or by agents or contractors of the Recipient, relating to this Agreement and/or the FinancialAssistance; and such further information and explanations as the Auditor General, or anyone acting on behalf of the Auditor General may request relating to any part of this Agreement to the use of Financial Assistance. 7.7 Auditor General of Ontario. The Auditor General of Ontario, may, at the Auditor General of Ontario's cost, conduct an audit with respect to the use of Financial Assistance under this Agreement. For the purposes of facilitating such inquiry, the Recipient shall release to the Ministry upon request and in a timely manner, for the purpose of releasing to the Auditor General of Ontario: all records held by the Recipient, or by agents or Contractors of the Recipient, relating to this Agreement and/or the FinancialAssistance; and such further information and explanations as the Auditor General, or anyone acting on behalf of the Auditor General may request relating to the Financial Assistance. sEcTtoN I OVERPAYMENT 8.1 Allowable Financial Assisúance, Funds provided to the Recipient prior to the submission of a Final Report in accordance with Section 6.3 of Schedule "4" shall not be construed as a final determination of the amount of Financial Assistance applicable to the Project. Upon conducting a final cost review or audit of each Project, the Ministry will determine the final amount of Financial Assistance for each Project (the "Allowable Financial Assistance"). The Allowable Financial Assistance shall not exceed the Maximum FinancialAssistance for each Project. The Recipient agrees to repay to the Ministry, upon receipt of a written demand and within the period specified by the Ministry, that amount of the total of the Financial Assistance provided to the Recipient that exceeds the Allowable Financial Assistance for a Project (an "overpayment"), as determined by the Ministry, as well as any FinancialAssistance used for a purpose other than that stated in the terms of this Agreement, as determined by the Ministry. 8.2 Deduction of overpaymenf. The Ministry may deduct any overpayment of Financial Assistance made to a Recipient for a Project, from Financial Assistance payable on any other Project of the Recipient under RlnO/Ontario REC or any other Government of Ontario program(s) (either current or future). Any overpayment made on any other Project(s) of the Recipient under RlnC/Ontario REC or any other provincial program(s) (either current or future) may in turn be deducted from FinancialAssistance payable on the Project. 8.3 lnterest on overpaymenf. The Ministry reserves the right to demand interest on any overpayment of Financial Assistance owing by the Recipient under the terms of this Agreement at the then current interest rate charged by the Government of Ontario on accounts receivable. The Recipient shall pay the amount of interest owing upon receipt of a written demand and within the period specified by the Ministry. Page 14 of53 By-Law 2009-138 A By-Law to authorize the execution of an agreement (Recreation Infrastructure Funding) Page 228 of 269 RlnC/Ontario REC Contribution Agreement for lnfrastructure Projects 8,4 Recovery of FinancialAssrcúance. Where Eligible Costs committed to a Project have not been incurred, the Ministry may withdraw any unspent Financial Assistance for that Project if it has not started construction on its Project Construction Start Date or if that Project has started construction but for which progress is not to the satisfaction of Ontario. sEcÏoN I INSURANCE AND BONDING 9.1 lnsurance. The Recipient represents and warrants that it has, and shall maintain in full force and effect for the term of the Agreement, at its own cost and expense, with insurers having a secure A.M. Best rating of B+ or greater, or the equivalent, all the necessary and appropriate insurance that a prudent person carrying out a project similar to the Project would maintain, including commercial general liability insurance on an occurrence basis for third party bodily injury, personal injury and property damage, to an inclusive limit of not less than five million dollars ($5,000,000) per occurrence. The policy shall include the following: (i) the lndemnified Parties as additional insureds with respect to liability arising in the course of performance of the Recipient's obligations under, or otherwise in connection with, the Agreement; (ii) a cross liability clause; (iii) contractual liability coverage; and (iv) a 30 day written notice of cancellation, termination or material change. 9.2 Proof of lnsurance. The Recipient shall provide the Ministry with certificates of insurance, or other proof as may be requested by the Ministry, that confirms the insurance coverage as provided for in section 9.1 of Schedule "4". Upon the request of the Ministry, the Recipient shall make available to the Ministry a copy of each insurance policy. 9.3 Bonding. The Recipient shall put in effect and maintain in full force and effect or cause to be put into effect and maintained in full force and effect during the term of this Agreement: a) a performance bond in the amount of 100o/o of the contract price for any construction Contract related to the Project and which is for an amount greater than $150,000.00 covering the performance of that construction Contract and the correction of any deficiencies; and b) a labour and material payment bond in the amount of 50% of the contract price for any construction Contract related to the Project and which is for an amount greater than $150,000.00 covering the payment for labour, material or both. 9.4 Alternatives, reduction or waiver. Notwithstanding the requirements set out in Section 9.3, the Recipient may prepare and submit to the Ministry a written business case to obtain approval to put into effect and maintain an alternative form of security or to reduce or eliminate the bonds for construction Contracts of $350,000.00 or less, and the Ministry, in its sole discretion, may accept an alternative form of security, reduce or waive the bonding requirements in whole or in part. Page 15 of53 By-Law 2009-138 A By-Law to authorize the execution of an agreement (Recreation Infrastructure Funding) Page 229 of 269 Rl nC/Ontario REC Contribution Agreement for I nfrastructure Projecls SECTION IO INDEMNITY l0.l Recipientto lndemnify. The Recipient agrees to indemnify and hold harmless the lndemnified Parties from and against all liability, losses, costs, damages, expenses, (including legal, expert and consultant fees), lawsuits, judgments, cla¡ms, demands, expenses, actions, causes of action and other proceedings, including any and all liability for damages to property and injury to persons (including death), which the lndemnified Parties may incur, sustain or suffer, otherwise than by reason of their own negligence or wilful misconduct, as a result or arising out of or in relation to: (a) this Agreement or any breach of the terms of this Agreement by the Recipient, its officers, servants, employees, agents and Consultants, or by a third party for whom the Recipient is responsible, and any of its officers, employees, servants or agents; (b) the ongoing operation, maintenance and repair of the Facility; or (c) any omission or other wilful or negligent act of the Recipient, a third party for whom the Recipient is responsible, their respective employees, officers, servants or agents; or (d) any claim for lien made pursuant to the Construction Lien Acf, R.S.O. 1990, c. C.30, as amended. sEcTtoN ll DISPOSITION AND OPERATION OF THE FACILITY 11.1 Facility Disposition. The Recipient shall retain title to, and ownership of, the Facility, for which the Recipient has received Financial Assistance under this Agreement for a minimum of six (6) years after the expiry or termination of this Agreement, and shall not dispose of the same for a period of six (6) years after the expiry or early termination of this Agreement, without prior written authorization of the Government of Canada and the Ministry. As a condition of such consent, the Government of Canada and/or the Ministry may require the Recipient to repay the Government of Canada and the Ministry the whole or any part of the Financial Assistance paid to the Recipient. Where Project asset is sold, leased, encumbered or disoosed of: Repayment of contribution (in current dollars) Within 2 Years after Proiect completion lOOo/o Between 2 and 6 Years after Proiect completion 55o/o 6 Years after Proiect completion Oo/o 11.2 r 1.3 Notice. At any time during the six (6) years following the date of completion of the Project, the Recipient agrees to notify the Ministry in writing of any transaction triggering the above-mentioned repayment, at least one hundred eighty (180) days in advance. Deduction from Financral Assisfance. The Ministry may, in its sole and absolute discretion, deduct the amount of FinancialAssistance to be repaid under Section 11.1 from Financial Assistance payable to the Recipient on any other project(s) of the Recipient under RlnC/Ontario REC or any other provincial program(s) (either current or future) and provide that money to the Government of Canada and/or the Ministry. Deemed Overpaymenf. The Recipient must identify to the Ministry when a Facility in any given Fiscal Year generates revenues that exceed its costs, including operating costs, alternative financing partnerships or public-private partnerships costs and provisions for future life cycle costs and where the intent of revenue generation was not identified in the application submitted for that Project under RlnC/Ontario REC. Within the first five (5) complete Fiscal Years following the Substantial Completion of a Project, Page 16 of53 11.4 By-Law 2009-138 A By-Law to authorize the execution of an agreement (Recreation Infrastructure Funding) Page 230 of 269 Rl nC/Ontario REC Contribution Agreement for I nfrastructure Projects the Ministry may, in its sole and absolute discretion, deem the amount of revenue from that Project that is equal to the proportion of Financial Assistance to the total cost of the Facility to be an overpayment of FinancialAssistance (the "deemed overpayment"). The Recipient shall pay the Ministry, upon request, the deemed overpayment. 11.5 Facility Operation The Facility shall be used, maintained and operated by the Recipient for a period of at least one half of the expected useful life of the Facility as set out in Schedule "8", failing which the Government of Canada and/or the Ministry may require the Recipient to repay to the Government of Canada and the Ministry the whole or any part of the Financial Assistance paid to the Recipient for the Project. sEcTtoN t2 GONFLICT OF INTEREST AND CONFIDENTIALITY 12.1 No conflict of interesf. The Recipient and its Consultants and any of their respective advisors, partners, directors, officers, employees, agents and volunteers shall not engage in any activity or provide any services where such activity or the provision of such services creates a conflict of interest (actually or potentially in the sole opinion of the Ministry) with the provision of services under this Agreement. The Recipient acknowledges and agrees that it shall be a conflict of interest for it to use confidential information of the Government of Ontario that is relevant to the Project or otherwise where the Ministry has not expressly authorized such use in writing. For greater certainty, and without limiting the generality of the foregoing, a conflict of interest includes a situation where anyone associated with the Recipient is able to benefit financially from the Project or where such a person owns or has an interest in an organization that is carrying out work related to the Project. 12.2 Dr.sclose potential conflict of interest. The Recipient shall disclose to the Ministry without delay any actual or potential situation that may be reasonably interpreted as either a conflict of interest or a potential conflict of interest. 12.3 Freedom of lnformation and Protection of Privacy Acf. The Recipient acknowledges that the Ministry is bound by the Freedom of lnformation and Protection of Privacy Act, R.S.O. 1990, c. F.31, as amended binds the Ontario Government and that any information provided to the Ministry in connection with the Project or otherwise in connection with the Agreement is subject to disclosure in accordance with that Act. sEcTtoN 13 COMMUNICATION AND RECOGNITION 13.1 Licensed Marks. The Recipient acknowledges that the Government of Ontario is, will be or may be the owner of certain distinguishing marks comprised of designs, trademarks and official marks which have come or will come to be associated with RlnC/Ontario REC (all such current and future marks, being the "Licensed Marks"). 13.2 Acknowledgement in adve¡tising and publicity. The Recipient agrees to acknowledge the FinancialAssistance of the Governments of Canada and Ontario being provided for the Project pursuant to this Agreement in all advertising and publicity relating to the Project and in any construction signs and in any temporary or permanent tributes to Project donors by adhering to the Communications Requirements set out in Schedule "G". 13.3 Use of Licensed Marks. ln consideration of receiving the FinancialAssistance, the Page 17 of 53 By-Law 2009-138 A By-Law to authorize the execution of an agreement (Recreation Infrastructure Funding) Page 231 of 269 Rl nC/Ontario REC Contribution Agreement for I nfrastructure Projecls Recipient agrees to use the Licensed Marks as follows: the Recipient agrees to use the Licensed Marks only as set out in the Communications Requirements and not to use any other mark or trademark in combination with any of the Licensed Marks without the prior written approval of the Government of Canada and the Ministry. The Recipient agrees that it will not alter, modify, dilute or otherwise misuse the Licensed Marks; the Recipient agrees to submit to the Government of Canada and the Ministry, copies of any advertisements or promotional materials containing the Licensed Marks for approval prior to any use thereof and to remove therefrom either any reference to the Licensed Marks or any element that may from time to time and upon reasonable notice be required; the Recipient agrees that it will not state or imply, directly or indirectly, that the Recipient or the Recipient's activities, other than those permitted by this Agreement, are supported, endorsed, or sponsored by the Government of Canada and the Ministry and shall, upon notification, express disclaimers to that effect; and the Recipient agrees to promptly inform the Government of Canada and the Ministry of any suspected infringement of any Licensed Marks by a third party. 13.4 Cease Using Licensed Marks. Whether or not the Recipient is in breach of this Agreement, forthwith upon any receipt by the Recipient of a written direction from the Government of Canada and the Ministry, the Recipient shall cease using the Licensed Marks, and without limiting the generality of the foregoing, will remove all signage and remove from circulation any use or reference to the Licensed Marks. sEcTtoN l4 COVENANTS, REPRESENTATIONS AND WARRANTIES 14.1 General. The Recipient covenants, represents and warrants to the Ministry that: it is conducting and shall conduct its business in compliance with all applicable federal, provincial and municipal laws, and all rules, regulations, by-laws, notices, orders and approvals; it is conducting and shall conduct its business in compliance with all federal requirements as outlined in Schedule "E;" it has authority and any necessary approvalto enter into this Agreement and to carry out its terms; it has or will apply for all permits, approvals, and licenses which are required in order to carry out the Project including, but not limited to, any approvals lawfully required under the Planning Act, R.S.O. 1990, c. P. 13, as amended, the Building Code Act, 1992, S.O. 1992, c.23, as amended, lhe Highway Traffic Acf, R.S.O. 1990, c. H.8, as amended, the Public Transportation and Highway lmprovement Acf, R.S.O. 1990, c. c. P. 50, as amended, the Brldges Acf, R.S.O. 1990, c. B. 12, as amended and the Environmental Laws; it validly exists as a legal entity with full power to perform and observe all of the a) b) c) d) a) b) c) d) e) Page 18 of 53 By-Law 2009-138 A By-Law to authorize the execution of an agreement (Recreation Infrastructure Funding) Page 232 of 269 Rl nC/Ontario REC Contribution Ag reement for I nfrastructu re Projects terms and conditions of this Agreement; f) where applicable, it has passed by-laws requ¡red to undertake the Project; g) it is now and will continue to be compliant with all Environmental Laws; h) it owns or has a long-term lease (inclusive of any renewals) for the lands on which the Facility is or will be located that expires no earlier than six (6) years following Project completion; i) provided that the Recipient is not a Local Government or a Crown Agency, A. it is not a non-resident of Canada within the meaning of the lncome Tax Act (Canada); B. is either a corporation, a partnership or a sole proprietorship validly in existence; and C. is registered and qualified to do business wherever necessary to carry out the Project; j) it has the experience, financial health and ability to carry out this Project; k) if the Recipient is a Local Government or a Crown Agency, it has the requisite legislative authority to carry out the Project; l) it will provide or arrange for funds totalling at least as much as the Other Funds to be used for the Project; m) all information provided during the RlnC/Ontario REC application process remains true, correct and complete in every respect except as set out to the contrary herein. Without limitation, Project, Budget, Project Timeline, Other Funds, and Total Other Funds are as set out herein and not as set out in the application material; and n) it will notify the Ministry of all Other Funds for each Project contained in Schedule "B" that may reduce the level of Financial Assistance the Recipient would be eligible to receive under this Agreement. 14.2 Governance. The Recipient covenants, represents and warrants that it has, and shall maintain for the period during which this Agreement is in effect, by-laws or other legally necessary instruments to: a) establish the expected code of conduct and ethical responsibilities at all levels of the Recipient's organization; b) establish procedures to ensure the ongoing effective functioning of the Recipient; c) establish decision-making mechanisms; d) provide for the prudent and effective management of the Financial Assistance; e) establish procedures to enable the successful completion of the Project; Page 19 of 53 By-Law 2009-138 A By-Law to authorize the execution of an agreement (Recreation Infrastructure Funding) Page 233 of 269 Rl nC/Ontario REC Contribution Agreement for I nfrastructure Projects establish procedures to enable the timely identification of risks to the completion of the Project and strategies to address the identified risks; establish procedures to enable the preparation and delivery of all reports required under this Agreement. 14.3 Representations and warranties true condition precedent for paymenú. Upon request, the Recipient shall provide the Ministry with proof of the matters referred to in this Article. lt is a condition precedent to any payment under this Agreement that the representations and warranties under this Section are true at the time of payment and that the Recipient is not in default of compliance with any terms of this Agreement. Where this is not the case, the Ministry may, in its sole discretion, Adjust the Financial Assistance. sEcTtoN l5 DEFAULT, ENFORCEMENT AND TERMINATION 15.1 Event of Default. Each and every one of the following events is an "Event of Default": a) if in the opinion of the Ministry, the Recipient fails to conform or comply with any term or covenant contained in this Agreement to be performed or complied with by the Recipient; b) if in the opinion of the Ministry, any representation or warranty made by the Recipient in this Agreement or any certiflcate delivered to the Ministry is materially untrue in any respect; c) if an order shall be made or an effective resolution passed for the winding up, or liquidation or dissolution of the Recipient or the Recipient is otherwise dissolved or ceases to carry on its operation; d) if the Recipient uses any of the Financial Assistance for a purpose not authorized by this Agreement without the prior written consent of the Ministry; e) if the Recipient admits in writing its inability to pay its debts generally as they become due, voluntarily suspends transactions of its usual business, becomes insolvent, bankrupt, makes an assignment for the benefit of its creditors, or a receiver or manager, court appointed or otherwise, is appointed for its assets or if the Recipient takes the benefit of any statute from time to time in force relating to bankrupts or insolvent debtors; 0 if in the opinion of the Ministry a material adverse change occurs such that the viability of the Recipient as a going concern is threatened in the opinion of the Ministry, acting reasonably; g) if in the opinion of the Ministry the Recipient ceases to operate; h) if in the opinion of the Ministry the Recipient has failed to proceed diligently with the Project or abandons the Project in whole or in part; i) if the Recipient has submitted false or misleading information to the Ministry; or s) Page 20 of 53 By-Law 2009-138 A By-Law to authorize the execution of an agreement (Recreation Infrastructure Funding) Page 234 of 269 RlnC/Ontario REC Contribution Agreement for lnfrastructure Projects j) the Recipient and/or any of its Consultants and/or any of their respective advisors, partners, directors, officers, employees, agents and volunteers has breached the requirements of Section 12 of Schedule "4"; or k) if the Recipient fails to begin a Project within sixty (60) days of the Project Construction Start Date identified in Schedule B, or such period as the Ministry may allow; or l) in the opinion of the Ministry, the Recipient has failed to proceed diligently with a Project or abandons a Project in whole or in part, or the Recipient is otherwise in default in carrying out any of the terms, conditions or obligations of this Agreement, except where such failure is due to causes which, in the opinion of the Ministry are beyond the control of the Recipient. 15.2 Waiver. The Ministry may, at any time, waive any Event of Default which may have occurred provided that no such waiver shall extend to, or be taken in any manner whatsoever to affect, any subsequent Event of Default or the right to remedies resulting therefrom, and that no such waiver shall be, or shall be deemed to constitute, a waiver of such Event of Default unless such waiver is in writing from the Ministry. 15.3 Remedies on default. Notwithstanding any other rights which the Ministry may have under this Agreement, if an Event of Default has occurred, the Ministry shall have the following remedies provided only that in the case of an Event of Default which, in the opinion of the Ministry in its sole discretion, is curable, the Ministry has first given written notice of the Event of Default to the Recipient and the Recipient has failed to correct the Event of Default within 30 days or such period of time as the Ministry may consent to in writing: a) the Ministry shall have no further obligation to provide any FinancialAssistance for the Project; b) the Ministry may, at its option, terminate this Agreement immediately, or the Ministry may, in its sole discretion, Adjust the FinancialAssistance. The total amount of FinancialAssistance shall be immediately due and payable by the Recipient and bear interest at the then-current interest rate charged by the Ministry on accounts receivable; and a. the Ministry may avail itself of any of its legal remedies that it may deem appropriate. 15.4 Additional remedies. ln addition to the remedies described in Section 15.3 above, the Ministry may commence such legal action or proceedings as it, in its sole discretion, may deem expedient, without any additional notice under this Agreement. The rights and remedies of the Ministry hereunder are cumulative and in addition to, and not in substitution for, all other rights or remedies otherwise available to the Ministry. 15.5 Termination without cause. Notwithstanding anything else contained herein, the Ministry reserves the right to terminate this Agreement without cause upon such conditions as the Ministry may require, with a minimum of thirty (30) days written notice to the Recipient. lf the Ministry terminates this Agreement prior to its expiration, the Ministry, subject to all of the Ministry's rights under this Agreement, including, without limitation, the Ministry's right to Adjust the Financial Assistance, shall only be Page 21 of53 By-Law 2009-138 A By-Law to authorize the execution of an agreement (Recreation Infrastructure Funding) Page 235 of 269 Rl nC/Ontario REC Contribution Ag reement for lnfrastructure Projects responsible for the payment of Financial Assistance on the port¡on of the Project completed and Eligible Costs already incurred and paid by the Recipient at the time of such termination provided that the Recipient provides a report to the Ministry that meets the requirements of a Progress Report. Such report must be received by the Ministry within ninety (90) days of receipt of notice of termination by the Recipient. SECTION I6 NOTICE l6.l Notice. Any demand, notice or communication to be made or given hereunder shall be in writing and may be made or given by personal delivery or mailed by first class registered mail, postage prepaid or by transmittal by facsimile, telecopy, email or other electronic means of communication addressed to the respective parties as follows at the addresses set out in Schedule "F" or to such other person, address, facsimile number, telecopy number or email address as either party may from time to time notify the other in accordance with this Section. Any demand, notice or communication made or given by personal delivery shall be conclusively deemed to be received on the day of actual delivery thereof. Any demand, notice or communication made or given by facsimile, email or other electronic means of communication, if made or given at a time when it would be received by the Recipient during its normal business hours on a Business Day, shall be deemed to be received at the time it is sent; otherwise, such electronic communication shall be deemed to be received on the first Business Day following the transmittal thereof. Any demand, notice or communication mailed by registered mail shall be deemed to have been received on the third Business Day following the day on which it was mailed. 16.2 Representatives. The individuals identified pursuant to Section 16.1 will, in the first instance, act as the Ministry's or the Recipient's, as the case may be, representative for the purpose of implementing this Agreement. sEcTtoN l7 MISCELLANEOUS 17.1 Terms Binding. The Recipient shall take all reasonable measures to ensure that its officers, directors, partners, employees, agents, sub-contractors, Consultants, and third parties shall be bound to observe all of the terms and conditions of this Agreement, including, but not limited to all covenants, representations and warranties set out herein. The Recipient shall include in all of its Contract(s) terms and conditions similar to and not less favourable to the Government of Ontario than the terms and conditions of this Agreement to the extent that they are applicable to the work subcontracted, including but not limited to the requirements of Section 7 of Schedule "4". 17.2 Time is of the essence. ln the performance and observance of the terms and conditions of this Agreement, time is of the essence and no extension or variation of this Agreement shall operate as a waiver of this provision. The Ministry shall not be liable for any liquidated damages as a result of working days extensions. 17.3 Successo rs and assigns. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, administrators, successors and permitted assigns. 17.4 Severabilify. The validity or enforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provisions hereof and such invalid or Page 22 of 53 By-Law 2009-138 A By-Law to authorize the execution of an agreement (Recreation Infrastructure Funding) Page 236 of 269 Rl nC/Ontario REC Contribution Ag reement for I nfrastructure Projects unenforceable provisions shall be deemed to be severable. 17.5 No waiver. The failure by the Ministry to insist in one or more instances on performance by the Recipient of any of the terms or conditions of this Agreement shall not be construed as a waiver of the Ministry's right to require further performance of any such terms or conditions, and the obligations of the Recipient with respect to such performance shall continue in fullforce and effect. 17.6 Division of Agreemenf. The division of this Agreement into schedules, articles, sections, clauses, paragraphs and the insertion of headings are for the convenience of reference only and shall not affect the construction or interpretation of this Agreement. 17.7 Governing lavy. This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable in Ontario. 17.8 Suruival. All of the provisions of this Agreement that expressly or by their nature survive the expiry or any termination of this Agreement (including the provisions of subsections 4.1, 4.5, 4.6, 4.7,4.8 (Financial Assistance), subsections 5.1 , 5.2, 5.3 (Project Award, Management and Completion) Section 6 (Reporting Requirements), Section 7 (Records and Audit), Section I (Overpayment), Section 10 (lndemnity), Section 11 (Disposition and Operation of Facility), Section 12 (Conflict of lnterest and Confidentiality), Section 13 (Communications and Recognition), Section 14 (Covenants, Representations and Warranties), Section 15 (Default, Enforcement and Termination), and Section 17 (Miscellaneous) of Schedule "4"; SchedLrle "E"; Schedule "8" (Useful Life of Facility); and Schedule "G" (the Recipient's obligation to maintain a permanent plaque in cases where it is necessary to install a permanent plaque) shall continue subsequent to and despite such termination or expiry, until they are satisfied or by their nature expire. 17.9 Âlo assrþnment. This Agreement shall not be assigned by the Recipient. The Ministry may assign this Agreement on written notice to the Recipient. 17.10 No Amendmenú. This Agreement shall not be varied or amended except by a document in writing, dated and signed on behalf of the Ministry and the Recipient. 17,11 lnterest. The Ministry reserves the right to demand interest on any repayment of Financial Assistance owing by the Recipient under the terms of this Agreement at the then-current interest rate charged by the Ministry on accounts receivable. The Recipient shall pay the amount of interest owing upon receipt of a written demand and within the period specified by the Ministry. 17.12 Ministry and Recipient independent. Nothing in this Agreement shall be deemed to constitute the Recipient an employee, servant, agent, pailner of or in joint venture with the Ministry for any purpose whatsoever. 17.13 Recipient cannot representthe Governments oî Canada or Ontario, The provision of Financial Assistance to the Recipient pursuant to this Agreement is for the sole purpose of, and is limited to, carrying out the Project. The Recipient warrants and agrees that under no circumstances shall it enter into any contract or commitment in the name of or on behalf of the Governments of Canada and/or Ontario. The Recipient acknowledges and agrees that it is not by the terms of this Agreement or otherwise, granted any right or authority to assume or create any obligation or responsibility, express or implied, on behalf of or in the name of the Governments of Canada and/or Page 23 of 53 By-Law 2009-138 A By-Law to authorize the execution of an agreement (Recreation Infrastructure Funding) Page 237 of 269 RlnC/Ontario REC Contribution Agreement for lnfrastructure Projecls Ontario, to act as an agent of the Governments of Canada and/or Ontario, or to bind the Governments of Canade and/or Ontario in any manner whatsoever other than as specifically provided in this Agreement. 17.14 Consultanfs. The Ministry acknowledges that, in connection with carrying out the Project, the Recipient may engage one or more Consultants. The Ministry acknowledges and agrees that the Recipient shall have the sole authority and responsibility for such employees, agents or Consultants, including their hiring and termination. The Recipient acknowledges and agrees that the Recipient shall be responsible for all acts and actions of the Recipient's employees, agents and Consultants and that all such acts and actions shall be treated as actions of the Recipient for the purposes of this Agreement. 17.15 Lobbyists and Agent Fees. The Recipient warrants that any person hired, for payment, or to speak or correspond with any employee or other person representing the Recipient, concerning any matter relating to the contribution under this Agreement or any benefit hereunder and who is required pursuant to the Lobbying Acl R.S.C. 1985, c. 44 (4th Supp.), as amended, is registered pursuant to the Lobbying Acl R.S.C. 1985, c. 44 (4th Supp.), as amended. The Recipient also warrants that it has not and nor will it make a payment or other compensation to any legal entity that is contingent upon or is calculated upon the contribution hereunder or negotiating the whole or any part of the terms of this Agreement. 17.16 Cooperation. The Ministry and the Recipient agree to cooperate with one another and will be frank, candid and timely when dealing with one another and will endeavour to facilitate the implementation of this Agreement. 17.17 Data. The Recipient agrees that the Government of Ontario may, in its sole discretion, gather and compile information and data required under this Agreement and disclose such information and data to the Government of Canada. 17.18 Priority. Where there is a conflict between one or more of the schedules of this Agreement, the following order of priority shall apply: the "other provisions" contained in Schedule "F", Schedule "4", Schedule "C", Schedule "8" and all other schedules. 17.19 Entire Agreemenú. The Agreement constitutes the entire Agreement between Government of Ontario and the Recipient with respect to the subject matter contained in the Agreement and supersedes all prior oral or written representations and/or agreements. . END OF GENERAL TERMS AND CONDITIONS . Page 24 of 53 By-Law 2009-138 A By-Law to authorize the execution of an agreement (Recreation Infrastructure Funding) Page 238 of 269 Rl nC/Onta rio REC Contribution Ag reement for I nfrastructu re Projec{s SCHEDULE fB'' DESCRTPTTON OF THE PROJECT(S) PROJECT CONSTRUGTION ABORIGINAL Useful Life of PROJEGT NUIUIBER PROJECT NUMBER PROJECT TITLER1104 Upgrades to Straffordville Ballpark START DATE 2009-12-07 START DATE 2009-12-14 CONSULTATION Facility SCHEDULE L (years) 1.1 Playground PROJECT DESCRIPTION Remove and replace playground equipment, basketball court and multi-purpose cement pad to provide safe recreational activity opportunities for all ages. PROJECT CONSTRUCTION ABORIGINAL Useful Life of 12 PROJECT TITLE R1105 Replacement of Port Burwell Ballpark CONSULTATION Facility SCHEDULE L (years) 1.1 12 Playground Remove and replace playground equipment, all ages and abilities. PROJECT DESCRIPTION incorporating accessible equipment, to provide safe recreational activity opportunities for Page 25 of 53 B y - L a w 2 0 0 9 - 1 3 8 A B y - L a w t o a u t h o r i z e t h e e x e c u t i o n o f a n a g r e e m e n t ( R e c r e a t i o n I n f r a s t r u c t u r e F u n d i n g ) P a g e 2 3 9 o f 2 6 9 Rl nC/Ontario REC Contribution Ag reement for lnfrastructure Projects SCHEDULE T'C'' ELIGIBLE AND INELIGIBLE COSTS C.1 ELIGIBLE COSTS C.l.l Subject to Section C.2, Eligible Costs are all direct costs that are, ¡n the Ministry's opinion, properly and reasonably incurred and paid by the Recipient under a Contract for goods or services necessary for the implementation of the Project: a) the costs to rehabilitate or repair fixed capital assets of recreational infrastructure, including new construction that is either adding to or replacing existing recreational infrastructure assets or capacity; b) the fees paid to professionals, technical personnel, consultants and contractors specifically engaged to undertake the surveying, design, engineering, manufacturing or construction of a project infrastructure asset and related facilities and structures; c) the costs of environmental assessments, monitoring, and follow-up programs as required by the Canadian Environmenfal Assessment Act, S.C. 1992, c.37, as amended and the Environmenfal Assessment Act, R.S.O. 1990, c. E. 18, as amended and the costs of remedial activities, mitigation measures and follow-up identified in any environmental assessment; d) the costs described in Schedule "G" as Eligible Costs; e) the costs of Project-related signage, lighting, Project markings and utility adjustments; Ð the costs of developing and implementing innovative techniques for carrying out the Project, as determined by the Ministry; g) costs of related to following the Aboriginal Consultation Protocol set out in Schedule "L", including the translation of documents into languages spoken by the interested Aboriginal community(ies); h) Recipient audit and evaluation costs as specified in this Agreement, with the exception of costs related to the retaining of an external auditor; and i) other costs that are considered to be direct and necessary for the successful implementation of the Project and that have been approved in advance, and in writing, by the Ministry. C.1.2 Employee and Equipment costs The incremental costs of the Recipient's employees or equipment may be included in its Eligible Costs under the following conditions. a) the Recipient is a local, regional or First Nation's government; b) the Recipient satisfies the Ministry that it is not economically feasible to tender a Contract; Page 26 of 53 By-Law 2009-138 A By-Law to authorize the execution of an agreement (Recreation Infrastructure Funding) Page 240 of 269 Rl nC/Ontario REC Contribution Agreement for I nfrastructu re Projects c) employees or equipment are employed directly in respect of the work that would have been the subject of the Contract; and d) approved in advance and in writing by the Ministry. C.2.1 INELIGIBLE COSTS The following costs are ineligible for FinancialAssistance: a) costs incurred before June 26, 2009 and after March 31, 2011; b) movable equipment; c) services or works that, in the opinion of the Ministry, are normally provided by the Recipient or a related party; d) salaries and other employment benefits of any employees of the Recipient except as indicated in section C.1.2; e) the Recipient's overhead costs, its direct or indirect operating or administrative costs, and more specifically, its costs related to planning, engineering, architecture, supervision, manegement and other activities normally carried out by its staff; Ð costs of feasibility and planning studies; g) taxes for which the Recipient is eligible for a tax rebate, credit or refund and all other costs eligible for rebates, credits or refunds; h) costs of land acquisition, leasing land, buildings, equipment and other facilities, real estate fees and related costs; i) financing charges, legalfees and loan interest payments (including those related to easements (e.9. surveys)); j) the value of any goods and services which are received through donations or in kind; k) routine repair and maintenance costs; and l) the costs described in Schedule "G" as lneligible Costs. Page27 of53 By-Law 2009-138 A By-Law to authorize the execution of an agreement (Recreation Infrastructure Funding) Page 241 of 269 Rl nC/Onta rio REC Contributio n Ag reement for I nf rastructu re Projects SCHEDULE f'D'' FINANCIAL ASSISTANCE Recipient's Obligation Total Other Funds (as outlined in Schedule K) $50,000 $20,000 Subject to Section 4.4 of Schedule "4", the Ministry will provide Financial Assistance to the Recipient for each project described above following receipt and approval of a Progress Report specific to each project as submítted on a monthly basis by the Recipient to the Ministry. The amount payable by the Ministry to the Recipient will be based on the invoice summary and attached invoices as submitted with each Progress Report and will be equalto the proportion of Maximum FinancialAssistance to the Total Eligible Cost. The Ministry will pay up to 90% of the Maximum Financial Assistance per project prior to the receipt from the Recipient of the Final Report specific to that project. The Ministry will retain 10o/o of the Maximum Financial Assistance per project pending receipt of the Final Report specific to that project, regardless of Eligible Costs incurred by the Recipient prior to its completion of the Final Report specific to that project. The Ministry will pay the retained 1ïo/o of the Maximum Financial Assistance specific to that project upon acceptance of the Recipient's Final Report for that project and receipt of a Solemn Declaration of Substantial Completion for a specific Project. Each such Final Report must contain the information required in the Final Report as set out in Section 6.3 of Schedule "4". The Ministry is not obligated to pay interest on the 10% retained or any other payments under this Agreement. Breakdown of Financial Assistance ($) Federal Maximum Financial Assistance2010-11 Page 28 of 53 B y - L a w 2 0 0 9 - 1 3 8 A B y - L a w t o a u t h o r i z e t h e e x e c u t i o n o f a n a g r e e m e n t ( R e c r e a t i o n I n f r a s t r u c t u r e F u n d i n g ) P a g e 2 4 2 o f 2 6 9 Rl nC/Ontario REC Contribut¡on Agreement for I nfrastructure Projects SCHEDULE "E" FEDERAL REQUIREMENTS The Ministry and the Recipient agree to the following Federal Requirements: 1. The Recipient acknowledges and agrees that the amount of Financial Assistance being provided by the Ministry is dependent on the Ministry receiving funds for the Project from the Government of Canada (the "Federal Government"). Should the Ministry not receive the funds it expects to receive in relation to the Project from the Federal Government, the Ministry may, in its sole discretion, Adjust the FinancialAssistance being provided to the Recipient pursuant to this Agreement (including, without limitation, requiring repayment of FinancialAssistance already paid to the Recipient). 2. The Recipient shall indemnify and hold harmless the Federal Government, its officers, servants, employees or agents, from and against all claims and demands, loss, damages, costs, expenses, actions, suits or other proceedings by whomsoever made, sustained, brought, prosecuted, threatened to be brought or prosecuted in any manner, based upon, occasioned by any injury to persons, damage to or loss or destruction of property, economic loss or infringement of rights caused by or arising directly or indirectly from: a) The Project; b) The performance of this Agreement or the breach of any term or condition of this Agreement by the Recipient, its officers, employees and agents, or by a third party, its otficers, employees or agents; c) The construction, design, ongoing operation, maintenance and repair of the Facility; or d) Any omission or other willful or negligent act of the Recipient, its employees, officers or agents; Except to the extent to which such claims and demands, losses costs, damages, actions, suits or other proceedings relate to the act or negligence of an officer, employee or agent of the Federal Government in the performance of his or her duties. 3. The Recipient further agrees to indemnify and hold the Federal Government, its directors, officers, employees and agents, for any incidental, indírect, special or consequential damages, or any loss of use, revenue or profit, which the Federal Government, its directors, officers, employees and agents may incur, otherwise than by reason of their own negligence or wilful misconduct, as a result of or arising out of or in relation to any breach by the Recipient of the terms of this Agreement, or the Recipient's own negligence or wilful misconduct. 4. The Recipient acknowledges that the provisions of the Access to lnformation Act, R.S.C. 1985, c. A-1, as amended and tl'te Privacy Acl R.S.C. 1985 c.P-21, as amended and regulations thereunder bind the Federal Government. 5. The Recipient acknowledges that the Federal Government is or will be the owner of certain Page 29 of 53 By-Law 2009-138 A By-Law to authorize the execution of an agreement (Recreation Infrastructure Funding) Page 243 of 269 Rl nC/Ontario REC Contribution Ag reement for I nfrastructure Projects distinguishing marks comprised of designs, trademarks and official marks in relation to RlnC/Ontario REC (the "Federal Licensed Marks") and the Recipient is subject to the requirements of Section 13 (Communication and Recognition) of this Agreement, with appropriate changes, in relation to the Federal Licensed Marks. 6. No member of the House of Commons or of the Senate of Canada shall be admitted to any share or part of any contract, agreement or commission made pursuant to this Agreement or to any benefit arising therefrom. 7. Notwithstanding any provisions of this Agreement, all obligations of the Federal Government incurred by virtue of this Agreement shall be subjgct to the Financial Administration Act, R.S.C. 1985, c. F-11, as amended. 8. Pursuant to the requirements of the Canadian EnvironmenfalAssessment Act, S.C. 1992, c. 37, as amended, the Recipient will follow the general environmerital mitigation measures outlined in the document entitled "screening under the Canadian Environmental Assessment Act" and any Project-specific environmental mitigation measures as communicated to the Recipient by the Federal Government. 9. The Recipient acknowledges and agrees that the Federal Government may, in its sole discretion, exercise the Ministry's right to monitor the Project, perform audits and/or gather data pursuant to the terms and conditions of this Agreement. 10. The Recipient shall, in all public communications (including but not limited to Web sites, publicatiôns, news releases, presentations, annual reports, on-site signage) acknowledge the financial contribution of the Governments of Canada and Ontario. The Recipient shall consent to a form of acknowledgement which has been approved by the Minister or his/her representatives, and which may include text in both official languages, an official government symbol and/or other graphic elements. The Recipient also consents to limit the acknowledgement to applications agreed upon by the Minister or his/her representatives and to terminate the acknowledgement upon the request by the Minister or his/her representatives. 11. The Recipient warrants that: a) it has not, nor has any person on its behalf, paid or provided or agree to pay or provide, to any person, directly or indirectly, a commission, contingency fee or any other consideration (whether monetary or otherwise) that is dependant upon the execution of the Agreement or the person arranging a meeting with any Public Office Holder as defined in the Lobbying Acl R.S.C. 1985, c.44 (4lh Supp.), as amended; b) it will not, during the term of this Agreement, pay or provide or agree to pay or provide to any person, directly or indirectly, a commission, contingency fee or any other consideration (whether monetary or otherwise) that is dependant upon the person arranging a meeting with any Public Office Holder; c) any person who, for consideration, directly or indirectly, communicated with or arranged a meeting with any Public Office Holder, in respect of any aspect of this Agreement, prior to the execution of the Agreement, was in compliance with all Page 30 of 53 By-Law 2009-138 A By-Law to authorize the execution of an agreement (Recreation Infrastructure Funding) Page 244 of 269 RlnC/Ontario REC Contribution Agreement for lnfrastructure Projec{s requirements of the Act; d) any person who, for consideration, directly or indirectly, during the term of this Agreement and in respect of any aspect of this Agreement, communicates with or arranges a meeting with any Public office Holder will be in compliance with all requirements of the Act; and e) at all relevant time the Recipient has been, is and will remain in compliance with the Act. Page 31 of53 By-Law 2009-138 A By-Law to authorize the execution of an agreement (Recreation Infrastructure Funding) Page 245 of 269 Rl nC/Ontario REC Contribution Agreement for I nfrastructure Projects SCHEDULE,.F" ADDITIONAL PROVISIONS Rll04 Upgrades to Straffordville Ballpark Playground The Ministry and the Recipient agree to the following additional provisions: 1. Further to Section 16 of Schedule "4", notice can be given at the following addresses: (a) lf to the Ministry: Ryan Kelly Ministry of Tourism South-Western Region 700 Bay St, 1Sth Floor Toronto, ON M5G 126 Phone: 1 (a16) 314-8899 Toll Free 1 (866) 219-5001Fax: 1 (416) 314-1382 E-mail : Ryan.Kelly@ontario.ca Attention: Ryan Kelly, Program Consultant (b) lf to the Recipient: Municipality of Bayham PO Box 160,9344 Plank Rd. Straffordville, ON NOJ 1YO Phone : 519-866-5521 E-mail : smantel@bayham.on.ca Attention: Suzanna Dieleman Mantel, Treasurer 2. Other provisions: nil 3. Other Reporting Requirements: nil Page 32 of 53 By-Law 2009-138 A By-Law to authorize the execution of an agreement (Recreation Infrastructure Funding) Page 246 of 269 RlnC/Ontario REC Contribution Agreement for lnfrastructure Projects SCHEDULE,.F" ADDITIONAL PROVIS¡ONS Rll05 Replacement of Port Burwell Ballpark Playground The Ministry and the Recipient agree to the following additional provisions: 1. Further to Section 16 of Schedule "4", notice can be given at the following addresses: (a) lf to the Ministry: Ryan Kelly Ministry of Tourism South-Western Region 700 Bay St, 1Sth Floor Toronto, ON M5G 126 Phone: 1 (416) 314-8899 Toll Free 1 (866) 219-5001Fax: 1 (416) 314-1382 E-mail : Ryan.Kelly@ontario.ca Attention: Ryan Kelly, Program Consultant (b) lf to the Recipient: Municipality of Bayham PO Box 160,9344 Plank Rd. Straffordville, ON NOJ 1YO Phone : 519-866-5521 E-mail : smantel@bayham.on.ca Attention: Suzanna Dieleman Mantel, Treasurer 2. Other provisions: nil 3. Other Reporting Requirements: nil Page 33 of 53 By-Law 2009-138 A By-Law to authorize the execution of an agreement (Recreation Infrastructure Funding) Page 247 of 269 Rl nC/Ontario REC Contribution Agreement for I nfrastructu re Projects SCHEDULE f'G'' COMM UNICATIONS REQUIREMENTS Unless specified otherwise in Schedule "F", for the purposes of this Schedule "G" the Recipient shal I follow these comm un ications req ui rements. Purpose of Schedule This Schedule describes the Recipient's responsibilities and financial obligations involved in the joint communications activities and products for the Project to recognize the contributions of the Federal Government, the Government of Ontario and the Recipient. General Principles The Recipient agrees to work with RlnC/Ontario REC officials and other partners to undertake communication activities for the Project in an open, effective and proactive manner, ensuring equal recognition and prominence of all parties making a significant financial contribution to the Project when logos, symbols, flags and other types of identification are used. All parties making a significant financial contribution to the Project will receive equal recognition and prominence when logos, symbols, flags and other types of identification are incorporated into events, signs and plaques unless the Ministry specifies otherwise. All events and signage will follow these Communications Requirements and any other requirements that may be specified by the Ministry from time to time. Both official languages will be used for public information and signage in accordance with the Official Languages Acf, R.S.C. 1985, c. 31 (4th Supp.), as amended. The Recipient may produce information kits, brochures, public reports and Web pages providing information on the Project and Agreement for private-sector interest groups, contractors and members of the public. These products must indicate that the Project received Financial Assistance from the Governments of Canada and Ontario under RlnC/Ontario REC. The Recipient will consult with the Governments of Canada and Ontario in preparing the content and look of all such material. All communications referencing the Governments of Canada and Ontario must be approved. Events The Recipient agrees that all Project-related milestone events, such as groundbreaking and ribbon-cutting ceremonies, will be organized in cooperation with the Governments of Canada and Ontario and any other parties making a significant financial contribution to the Project. The Recipient will coordinate a mutually agreeable venue, date and time for the event in light of the availability of all participants. Unless agreed to in advance, no event should take place without at least fifteen (15) Business Days' notice to all Parties. The Recipient may invite other elected officials and members of council. The Recipient should Page 34 of 53 By-Law 2009-138 A By-Law to authorize the execution of an agreement (Recreation Infrastructure Funding) Page 248 of 269 Rl nC/Ontario REC Contribution Agreement for I nfrastructure Projects also invite local interested parties, such as contractors, architects, labour groups, and community leaders as early as possible, and in consultation with the Governments of Canada and Ontario, prior to the event. All written communications (invitations, public service announcements, posters, news releases, etc.) must indicate that the Project received FinancialAssistance from the Governments of Canada and Ontario under RlnC/Ontario REC. The Governments of Canada and Ontario will assist the Recipient in coordinating the attendance of federal and provincial representatives, as well as developing an agenda, news release, etc. All parties will approve and receive final copies. Federal, provincial and municipalflags (where applicable) should also be on display at all Rl nC/Ontario REC events. The Table of Precedence for Canada, as established by Canadian Heritage (http://www.pch.gc.calpgm/ceem-cced/prtcl/precedence-eng.cfm), or some other mutually acceptable protocol should be respected. Siqnaqe The Recipient agrees to install Project signage to communicate the nature of the Project and the involvement of the Governments of Canada and Ontario and the Recipient, in accordance with federal and provincial signage guidelines available on the RlnC/Ontario REC website at www.rinc-on.ca Eliqible Gosts The Recipient will pay the costs of preparing and delivering communications activities and products, including the organization of special events and the production of signage. These costs are deemed to be Eligible Costs under the Agreement as specified below. For the purposes of events, Eligible Costs include the following: o Printing and mailing invitations. Light refreshments, such as coffee, tea, juice, donuts, muffins, snacks. Draping for plaque unveiling. Project material for display and/or media kit. Signageo Rentals such as:. flagpoles. stageo chairso podium. PA system The cost of certain items such as alcoholic beverages, china, tents, waiters, guest mileage or transportation, wine glasses, lamps, tea wagons, plants, photographers and gifts are lneligible Costs. Page 35 of 53 By-Law 2009-138 A By-Law to authorize the execution of an agreement (Recreation Infrastructure Funding) Page 249 of 269 By-Law 2009-138 A By-Law to authorize the execution of an agreement (Recreation Infrastructure Funding) Page 250 of 269 RlnC/Ontario REC Contribution Agreement for lnfrastructure Projects SGHEDULE 'fH'' EXPENDITURE AND JOB CREATION REPORT Canad'ä Recreational lnfrastructure Fund (RlnG) in Ontario and Ontario Recreational Program (Ontario REC) EXPENDITURE AND JOB CREATION REPORT Project Title:Upgrades to Straffordville Ballpark Playground Project Number:R1104 Expenditure Forecast Table Jobs Created / Sustained Table Prepared By: Phone Number: Report Date: Quarter (April - June) QI (July - Sept.) Q2 (Oct. - Dec.) Q3 (Jan .- March) Q4 2009/10 2010t11 Average Number of Temporary Jobs Previous Quarter (show date ranges) Gurrent Quarter (show date ranges) Page 37 of 53 By-Law 2009-138 A By-Law to authorize the execution of an agreement (Recreation Infrastructure Funding) Page 251 of 269 Rl nC/Ontario REC Contribution Ag reement for I nfrastructu re Projecls SCHEDULE ff H'' EXPENDITURE AND JOB CREATION REPORT Canadä Recreational lnfrastructure Fund (RlnC) in Ontario and Ontario Recreational Program (Ontario REC) EXPENDITURE AND JOB CREATION REPORT Project Title:Replacement of Port Bun¡vell Ballpark Plavoround Project Number:Rî105 Expenditure Forecast Table Jobs Created / Sustained Table Prepared By: Phone Number: Report Date: Quarter (April - June) QI (July - Sept.) Q2 (Oct. - Dec.) Q3 (Jan .- March) Q4 2009/10 2010t11 Average Number of Temporary Jobs Previous Quarter (show date ranges) Gurrent Quarter (show date ranges) Page 38 of 53 By-Law 2009-138 A By-Law to authorize the execution of an agreement (Recreation Infrastructure Funding) Page 252 of 269 RlnC/Ontario REC Contribution Agreement for lnfrastructure Projects scHEDULE "l" BUDGET R1104 U pg rades to Straffordvi lle Ball park Playg rou nd 1 Desiqn & Ensineering Gosts $0 2 Gonstruction Gosts $140.000 3 Proiect Manaqement Costs $o 4 Other Eligible Costs (Show details below.)$0 5 $ 6 $ 7 $ I $ 9 Contingency Allowance (Maximum l0% of Eligible Costs)s10.000 11 $ 12 $ 13 $ 14 $ 15 $ Page 39 of 53 By-Law 2009-138 A By-Law to authorize the execution of an agreement (Recreation Infrastructure Funding) Page 253 of 269 RlnC/Ontario REC Contribution Agreement for lnfrastructure Projects SGHEDULE "I'' BUDGET Rfi05 Replacement of Port Burwell Ballpark Playground 1 Design & Engineering Gosts $0 2 Gonstruction Gosts $55,000 3 Project Management Gosts $0 4 Other Eligible Costs (Show details below.)$0 5 $ o $ 7 $ I $ 9 Gontingency Allowance (Maximum 10% of Eligible Costs)s5.000 11 $ 12 $ 13 $ 14 $ l5 $ Page 40 of 53 By-Law 2009-138 A By-Law to authorize the execution of an agreement (Recreation Infrastructure Funding) Page 254 of 269 RlnC/Ontario REC Contribution Agreement for lnfrastructure Projects SCHEDULE ..J' PROJECT TIMELINE R1104 Upgrades to Straffordville Ballpark Playground Project Gonstruction Start Date: 2009-12-07 Anticipated Proiect End Date: 2010-04-31 Request for Proposals Received October 21,2009 December 7,2009Anticipated Installation of playground uioment. weather oermitti Anticipated removal and replacement of multi-ouroose concrete April2010 Page 41 of53 By-Law 2009-138 A By-Law to authorize the execution of an agreement (Recreation Infrastructure Funding) Page 255 of 269 Rl nC/Ontario REC Contribution Ag reement for lnfrastructure Projects SCHEDULE 'fJI' PROJECT TIMELINE Rî105 Replacement of Port Burwell Ballpark Playground Project Gonstruction Start Date: 2009-12-14 Anticipated Project End Date: 2009-12-31 October 21,2009Request for Proposals Received December 14,2009Anticipated Installation of playground ioment. weather oermitti Page 42 of 53 By-Law 2009-138 A By-Law to authorize the execution of an agreement (Recreation Infrastructure Funding) Page 256 of 269 Rhc/Oiltarlo REC Contribution Ag¡eoment for hfiastiuctur€ Proiedg SCHEDULE 'K" OTHER FUNDING By-Law 2009-138 A By-Law to authorize the execution of an agreement (Recreation Infrastructure Funding) Page 257 of 269 Rl nC/Ontario REC Contribution Ag reement for I nfrastruoture Projecls SCHEDULE 'IK'' OTHER FUNDING Rfi05 Replacement of Port Burwell Ballpark Playground The CIher Funds are as follows (to be completed for each Project listed in Schedule "B"): By-Law 2009-138 A By-Law to authorize the execution of an agreement (Recreation Infrastructure Funding) Page 258 of 269 Rl nC/Ontario REC Contribution Agreement for lnfrastructure Projects SCHEDULE"L.1" ABORIGINAL GONSULTATION PROTOCOL 1.0 Definitions Forthe purposes of this Schedule "L.1", "Aboriginal Communities" includes the Indian, lnuit and the Métis peoples of Canada or any other group that has legally been recognized as holding Aboriginal or treaty rights under section 35 of the Constitution Act, 1982. 2.0 Responsibilities of the Recipient 2.1 The Recipient shall immediately notify the Ministry: (i) of contact by any Aboriginal communities regarding the Project; or (ii) if any Aboriginal archaeological resources are discovered in the course of the Project, and in either case, the Ministry may direct the Recipient to take such actions, including without limitation suspension of the Project, as the Ministry may require. The Recipient shall comply with the Ministry's direction. 2.2 The Recipient shall províde in any contracts with third parties for the Recipient's right and ability to respond to direction from the Ministry as the Ministry may provide in accordance with section 2.1. Page 45 of 53 By-Law 2009-138 A By-Law to authorize the execution of an agreement (Recreation Infrastructure Funding) Page 259 of 269 RlnC/Ontario REC Contribution Agreement for lnfrastructure Projects SCHEDULE"L.2" ABORIGINAL CONSULTATION PROTOCOL 1.0 Purpose The purpose of this Aboriginal Consultation Protocol is to set out the responsibilities of the Ministry and the Recipient in relation to consultation with Aboriginal Communities on the Project, and to delegate procedural aspects of consultation from the Ministry to the Recipient. 1.1 Definitions For the purposes of this Schedule "L.2": "Aboriginal Communities" includes the lndian, lnuit and the Métis peoples of Canada or any other group that has legally been recognized as holding Aboriginal or treaty rights under section 35 of the Constitution Act, 1982. "S. 35 Duty" means any duty the Ministry may have to consult and, where appropriate, accommodate Aboriginal Communities in relation to the Project flowing from Section 35 of the Constitution Act, 1 982. 2.0 Responsibilities of the Ministry 2.1 The Ministry is responsible for: (i) determining the Aboriginal Communities to be consulted in relation to the Project, if any, and advising the Recipient of same; (ii) the preliminary and ongoing assessment of the depth of consultation required with the Aboriginal Communities; (iii) at its discretion, delegating procedural aspects of consultation to the Recipient pursuant to this Agreement; (iv) directing the Recipient to take such actions, including without limitation suspension of the Project, as the Ministry may require; (v) satisfying itself, where it is necessary to do so, that the consultation process in relation to the Project has been adequate and the Recipient is in compliance with this Agreement; and (vi) satisfying itself, where any Aboriginal or treaty rights and asserted rights of Aboriginal Communities require accommodation, that Aboriginal Communities are appropriately accommodated in relation to the Prolect . 3.0 Responsibilities of the Recipient 3.1 The Recipient hereby acknowledges that, for the purposes of any S. 35 Duty borne by the Ministry, the Recipient is the Ministry's delegate and in this capacity is responsible for carrying Page 46 of 53 By-Law 2009-138 A By-Law to authorize the execution of an agreement (Recreation Infrastructure Funding) Page 260 of 269 Rl nC/Ontario REC Contribution Agreement for I nfrastructure Projects out the procedural aspects of consultation delegated to it by the Ministry pursuant to this Agreement. 3.2 The Recipient is responsible for: (i) giving notice to the Aboriginal Communities regarding the Project, if such notice has not already been given by the Recipient or the Ministry; (ii) informing the Aboriginal Communities about the Project and providing to the Aboriginal Communities a full description of the Project unless such description has been previously provided to them; (iii) following up with the Aboriginal Communities in an appropriate manner to ensure that Aboriginal Communities are aware of the opportunity to express comments and concerns about the Project, including any concerns regarding adverse impacts on hunting, trapping, fishing, plant harvesting or on burial grounds or archaeological sites of cultural significance to the Aboriginal Community; (iv) informing the Aboriginal Communities of the regulatory and approval processes that apply to the Project of which the Recipient is aware after reasonable inquiry; (v) maintaining the Aboriginal Communities on the Recipient's mailing lists of interested parties for environmental assessment and other purposes and providing to the Aboriginal Communities all notices and communications that the Recipient provides to interested parties and any notice of completion; (vi) making all reasonable efforts to build a positive relationship with the Aboriginal Communities in relation to the Project; (vii) providing the Aboriginal Communities with reasonable opportunities to meet with appropriate representatives of the Recipient and meeting with the Aboriginal Communities to discuss the Project; (viií) if appropriate, providing reasonable financial assistance to Aboriginal Communities to permit effective participation in consultation processes for the Project; (x) considering comments provided by the Aboriginal Communities regarding the potential impacts of the Project on Aboriginal or treaty rights or asserted rights, including adverse impacts on hunting, trapping, fishing, plant harvesting or on burial grounds or archaeological sites of cultural significance to an Aboriginal Community, or on other interests, or any other concerns or issues regarding the Project; (xi) answering any questions to the extent of the Recipient's ability and receiving comments from the Aboriginal Communities, notifying the Ministry of the nature of the questions or comments received and maintaining a chart showing the issues raised by the Aboriginal Communities and any responses the Recipient has provided; Page 47 of 53 By-Law 2009-138 A By-Law to authorize the execution of an agreement (Recreation Infrastructure Funding) Page 261 of 269 Rl nC/Ontario REC Contribution Agreement for I nfrastructure Projects (xii) where an Aboriginal Community asks questions regarding the Project directly of the Ministry, providing the Ministry with the information reasonably necessary to answer the inquiry, upon the Ministry's request; (xiii) subject to section 3.2 (xiv), where appropriate, discussing with the Aboriginal Communities potential accommodation, including mitigation of potential impacts on Aboriginal or treaty rights, asserted rights or associated interests regarding the Project and reporting to the Ministry any comments or questions from the Aboriginal Communities that relate to potential accommodation or mitigation of potential impacts; (xiv) consulting with the Ministry during all discussions with Aboriginal Communities regarding accommodation measures, if applicable, and presenting to the Ministry for the purposes of section 2.1 (v) hereof, the results of such discussions prior to implementing any applicable accommodation measures; and (xv) complying with the Ministry's direction to take any actions, including without limitation suspension of the Project, as the Ministry may require. 3.3 The Recipient hereby acknowledges that, notwithstanding Section 3.1 above, the Ministry, any provincial ministry having an approval role in relation to the Project, or any responsible regulatory body, official, or provincial decision-maker, may participate in the matters and processes enumerated therein as they deem necessary. 3.4 The Recipient will carry out the following functions in relation to record keeping, information sharing and reporting to the Ministry: (i) provide to the Ministry, upon request, complete and accurate copies of all documents provided to the Aboriginal Communities in relation to the Project; (ii) keep reasonable business records of all its activities in relation to consultation and provide the Ministry with complete and accurate copies of such records upon request; (iii) provide the Ministry with timely notice of any Recipient mailings to, or Recipient meetings with, the representatives of any Aboriginal Community in relation to the Project; (iv) immediately notify the Ministry of any contact by any Aboriginal Communities regarding the Project and provide copies to the Ministry of any documentation received from Aboriginal Communities; (v) advise the Ministry in a timely manner of any potential adverse impact of the Project on Aboriginal or treaty rights or asserted rights of which it becomes aware; (vi) immediately notify the Ministry if any Aboriginal archaeological resources are discovered in the course of the ProJect; (vii) provide the Ministry with summary reports or briefings on all of its activities in relation Page 48 of 53 By-Law 2009-138 A By-Law to authorize the execution of an agreement (Recreation Infrastructure Funding) Page 262 of 269 Rl nC/Ontario REC Contribution Agreement for lnfrastructure Projec{s to consultation with Aboriginal Communities, as may be requested by the Ministry; and (viii) if applicable, advise the Ministry if the Recipient and an Aboriginal Community propose to enter into an agreement directed at mitigating or compensating for any impacts of the Project on Aboriginal or treaty rights or asserted rights. 3.5 The Recipient shall, upon request lend assistance to the Ministry by filing records and other appropriate evidence of the activities undertaken both by the Ministry and by the Recipient in consulting with Aboríginal Communities in relation to the Project, attending any regulatory or other hearings, and making both written and oral submissions, as appropriate, regarding the fulfillment of Aboriginal consultation responsibilities by the Ministry and by the Recipient, to the relevant regulatory or judicial decision-makers. 4.0 No lmplicit Acknowledgement 4.1 Nothing in this Agreement shall be construed as an admission, acknowledgment, agreement or concession by the Ministry or the Recipient, that a S. 35 Duty applies in relation to the Project, nor that any responsibility set out herein is, under the Constitution of Canada, necessarily a mandatory aspect or requirement of any S. 35 Duty, nor that a particular aspect of consultation referred to in Section 3.1 hereof is an aspect of the S. 35 Duty that could not have lavvfully been delegated to the Recipient had the Parties so agreed. 5.0 General 5.1 This Agreement shall be construed consistently with but does not substitute for any requirements or procedures in relation to Aboriginal consultation or the S. 35 Duty that may be imposed by a ministry, board, agency or other regulatory decision-maker acting pursuant to laws and regulations. Such decision-makers may have additional obligations or requirements. Nonetheless, the intent of the Ministry is to promote coordination among provincial ministries, boards and agencies with roles in consulting with Aboriginal Communities so that the responsibilities outlined in this Agreement may be fulfilled efficiently and in a manner that avoids, to the extent possible, duplication of effort by Aboriginal Communities, the Recipient, the Ministry, and provincial ministries, boards, agencies and other regulatory decision-makers. Page 49 of 53 By-Law 2009-138 A By-Law to authorize the execution of an agreement (Recreation Infrastructure Funding) Page 263 of 269 Rl nC/Ontario REC Contribution Agreement for I nfrastructure Projects SCHEDULE 'IM'' FORM OF GERTIFICATE Project Number: Rll04 CERTIFICATE OF The Gorporat¡on of the Municipality of Bayham RE: Recreational lnfrastructure Canada Program in Ontario (RlnC) and Ontario Recreational Program (Ontario REC) AND RE: The Gorporat¡on of the Municipality of Bayham (the "Recipient") Upgrades to Straffordville Ballpark Playground AND RE: Funding agreement entered into between the Recipient and Her Majesty the Queen in Right of Ontario dated (the "Agreement") TO: Her Majesty the Queen in Right of Ontario The Recipient hereby certifies that: 1. lt has fully and diligently reviewed the invoices included and summarized in the attached report (the "lnvoices"). 2. All of the lnvoices have been paid by the Recipient to third parties acting at arm's length. 3. Unless clearly specified in the attached report, all of the Invoices meet the requirements of an Eligible Cost (as that term is defined and described in the Agreement). 4. All of the work related to the lnvoices has been performed. 5. All of the work related to the lnvoices was procured using a competitive process/tender if and as required by Sections 5.6, 5.7 and 5.8 of Schedule "4" to the Agreement. 6. As of the date hereof, the Recipient is in full compliance of its obligations pursuant to the Agreement. DATED the day of t The Gorporation of the Municipality of Bayham by: Name Title: Page 50 of 53 By-Law 2009-138 A By-Law to authorize the execution of an agreement (Recreation Infrastructure Funding) Page 264 of 269 RlnC/Ontario REC Contribution Agreement for lnfrastructure Projects SCHEDULE ¡'M'' FORIII OF CERTIFICATE Project Number: Rí105 CERTIFIGATE OF The Corporat¡on of the Municipality of Bayham RE: Recreational lnfrastructure Canada Program in Ontario (RlnC) and Ontario Recreational Program (Ontario REC) AND RE: The Gorporation of the Municipality of Bayham (the "Recipient") Replacement of Port Bunrell Ballpark Playground AND RE: Funding agreement entered into between the Recipient and Her Majesty the Queen in Right of Ontario dated (the "Agreement") TO: Her Majesty the Queen in Right of Ontario The Recipient hereby certifies that: 1. lt has fully and diligently reviewed the invoices included and summarized in the attached report (the "lnvoices"). 2. All of the lnvoices have been paid by the Recipient to third parties acting at arm's length. 3. Unless clearly specified in the attached report, all of the lnvoices meet the requirements of an Eligible Cost (as that term is defined and described in the Agreement). 4. All of the work related to the lnvoices has been performed. 5. All of the work related to the lnvoices was procured using a competitive process/tender if and as required by Sections 5.6, 5.7 and 5.8 of Schedule "4" to the Agreement. 6. As of the date hereof, the Recipient is in full compliance of its obligations pursuant to the Agreement. DATED the day of , The Gorporation of the Municipality of Bayham by: Name: Title: Page 51 of53 By-Law 2009-138 A By-Law to authorize the execution of an agreement (Recreation Infrastructure Funding) Page 265 of 269 Rl nC/Ontario REC Contribution Ag reement for I nfrastructure Projects SCHEDULE ¡'N'I SOLEMN DECLARATION OF SUBSTANTIAL COMPLETION Canad'ä R1r04 Upgrades to Straffordville Ballpark Playground Recreational lnfrastructure Fund (RlnC) in Ontario and Ontario Recreational Program (Ontario REC) SOLEMN DECLARATION OF SUBSTANTIAL COMPLETION ln the matter of the Agreement entered into between, Her Majesty the Queen in right of Ontario, as represented by the Minister of Energy and lnfrastructure and the Mlnister of Health Promotion, on 2009. I,a Registered (Engineer or Architect) in the Province of Ontario, do solemnly declare as follows: 1. That I am the (title, department, organization), and as such have knowledge of the matters set forth in this affidavit; 2. That the work identified as Project in the above-mentioned Agreement (has/has not) been substantially completed as described in Schedule A, dated on the day of - 20-. 3. That the value (dollar amount) of substantially completed work on the Project, by March 31, 2011 is (dollars). 4. That the work: a. Was carried out by (prime contractor), between (start date) and (completion date); b. was supervised and inspected by qualified statf; c. conforms with the plans, specifications and other documentation for the work; and d. conforms with applicable environmental legislation, and appropriate mitigation measures have been implemented. Declared at (city), in the Province of Ontario this day of 20-. (Signature) Witness Name: Title Page 52 of 53 Name Tifle: By-Law 2009-138 A By-Law to authorize the execution of an agreement (Recreation Infrastructure Funding) Page 266 of 269 RlnC/Ontario REC Contribution Agreement for lnfrastructure Projects SCHEDULE "N'' SOLEMN DECLARATION OF SUBSTANTIAL COMPLETION Canadä Rfi05 Replacement of Port Burwell Ballpark Playground Recreational lnfrastructure Fund (RlnC) in Ontario and Ontario Recreational Program (Ontario REC) SOLEMN DECLARATION OF SUBSTANTIAL COMPLETION ln the matter of the Agreement entered into between, Her Majesty the Queen in right of Ontario, as represented by the Minister of Energy and lnfrastructure and the Minister of Health Promotion, on 2009. I,a Registered (Engineer orArchitect) in the Province of Ontario, do solemnly declare as follows: 1. That lam the (title, department, organization), and as such have knowledge of the matters set forth in this atfidavit; 2. That the work identified as Project in the above-mentioned Agreement (has/has not) been substantially completed as described in Schedule A, dated on the day of _ 20-. 3. That the value (dollar amount) of substantially completed work on the Project, by March 31, 2011 is (dollars). 4. That the work: a. Was carried out by (prime contractor), between (start date) and (completion date); b. was supervised and inspected by qualified staff; c. conforms with the plans, specifications and other documentation for the work; and d. conforms with applicable environmental legislation, and appropriate mitigation measures have been implemented. Declared at (city), in the Province of Ontario this day of 20 (Signature) Name: Tiile: Witness Name: Title Page 53 of 53 By-Law 2009-138 A By-Law to authorize the execution of an agreement (Recreation Infrastructure Funding) Page 267 of 269 ¿ trl I i By-Law 2009-138 A By-Law to authorize the execution of an agreement (Recreation Infrastructure Funding) Page 268 of 269 TIIE CORPORATION OF THE MT]NICIPALITY OF BAYHAM BY-LAW NO.2009-139 A BY-LA\il TO CONF'IRM ALL ACTIONS OF THE COT]NCIL OF THE CORPORATION OF TIIE MT]NICIPALITY OF BAYHAM FOR THE REGULAR MEETTNG HELD DECEMBER 17, 2009 \ilIIEREAS under Section 5 (l) of the Municipal Act,200l S.O. 2001, Chapter 2Í,thepowers of a municþal corporation are to be exercise.d by the Council of the municipality; AND \MHEREAS under Section 5 (3) of the Municþal Act,200l, the powers of Council are to be exercised bybyJaw; 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 THE CORPORATION OF THE MTJNICIPALITY OF BAYIIAM ENACTS AS FOLLOWS: 1. THAT the actions of the Council of the Corporation of the Municipality of Bayham in respect of each recommendation and each motion and resolution passed and other action by the Council at the regular meeting held Decerrber 17,2009 is hereby adopted and confirmed as if all proceedings were expressly embodied in this by-law. 2. TIIAT the Mayor and Clerk of the Corporation of the Municipality of Bayham are hereby authorized and directed to do all things necessary to give effect to the action of the Council including executing all documents and affixing the Corporate Seal. READ A FIRST, SECOND AND TIIIRD TIME and finally passed this 17th day of I)ecember 2009. MAYOR CLERK By-Law 2009-139 A By-law to confirm all actions of Council Page 269 of 269