Loading...
HomeMy WebLinkAboutJune 17, 2010 - CouncilCOUNCIL AGENDA THE CORPORATION OF THE MUNICIPALITY OF BAYHAM 9344 Plank Road, Straffordville Thursday, June 17, 2010 7:00 p.m. 7:30 p.m. & 7:45 p.m. - Public Meeting - Planning (Zoning) Page 1.CALL TO ORDER 2.DISCLOSURE OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF 3.APPROVAL OF MINUTES AND ADDITION OF AGENDA ITEMS (a)Minutes of the regular meeting of Council held June 3, 2010. (b)Added Item(s) 4.DELEGATIONS (a)7:05 p.m. - Danielle Murray / Bittersweet Farms regarding Big Brothers & Sisters fundraiser. (b)8:00 p.m. - Wanda Hoshal regarding Estherville Cemetery. 5.INFORMATION ITEMS (a)Correspondence dated May 13, 2010 from The Corporation of the Town of New Tecumseth regarding "Harmonized Goods and Services Tax". File: C10 (b)Correspondence dated June 8, 2010 from Ontario Good Roads Association regarding "Ontario Good Roads Association applauds Extension of Highway 407". File: A01 (c)Correspondence dated June, 2010 from Local Authority Services Ltd. regarding "LAS Municipal Energy Performance Benchmarking Project". File: A01 (d)Invitation to attend upcoming information session regarding "Sand Plains Community Development Fund". File: A04 9-17 19-20 21-22 23 25 27 Page 1 of 325 Council Agenda June 17, 2010 Page 5.INFORMATION ITEMS (e)Correspondence dated May 1, 2010 from City of Kawartha Lakes regarding "the polluter should pay". File: A16 (f)Correspondence dated May 28, 2010 from Land Use Council regarding "Committee on Status of Species at Risk in Ontario". File: A16 (g)Elgin Advantage newsletter dated June 2010 from the Elgin Business Resource Centre. File: A16 (h)Long Point Region Conservation Authority Financial Statement and Annual Report for year ending December 31, 2009. File: A16 (i)Long Point Region Conservation Authority Board of Directors minutes of meeting held May 5, 2010. File: A16 (j)Bayham Historical Society minutes of meeting held May 13, 2010. File: C06 (k)Museums Bayham minutes of meeting held May 13, 2010. File: C06 (l)Bayham Community Centres Draft minutes of meeting held May 27, 2010. File: C06 (m)Correspondence dated May 27, 2010 received from The College of Physicians and Surgeons of Ontario regarding "The Council Award Honouring Outstanding Ontario Physicians". File: M02 (n)Natural Resources Canada newsletter Spring 2010 Edition. File: M07 (o)Ontario Provincial Police News Release dated June 3 & 8, 2010 regarding "Outdoor Marihuana Grows" and "Distracted Drivers - Not Getting The Message". File: P17 6.PLANNING, DEVELOPMENT, RECREATION & TOURISM 1.Correspondence and Reports 29-36 37-38 39-43 45-56 57-60 61-63 65-67 69-71 73-77 79-86 87-89 Page 2 of 325 Council Agenda June 17, 2010 Page 1.Correspondence and Reports (a)Correspondence dated June 4, 2010 from Ministry of Municipal Affairs and Housing regarding "Five Year Review of the Provincial Policy Statement, 2005". File: A16 (b)Staff Report D2010-16 regarding Grewal Severances E65 - 68/09. File: D10.10 (c)Staff Report D2010-19 regarding MacNeil Subdivision Port Burwell Pre- Servicing Agreement. File: D12.08 2.PUBLIC MEETING 1.Public Meeting (a)7:30 p.m. - Wieler Rezoning / Draft Zoning By-law Z580-2010 - to change the zoning on a 1 acre portion of land from Rural Industrial (M2) Zone to the site-specific Rural Industrial (M2-10) Zone to permit the contined use of an existing mobile home on a permanent basis. 2.Declaration of Pecuniary Interest and the General Nature Thereof 3.Staff Presentation (a)Staff Report D2010-17 regarding Wieler Rezoning / Draft Zoning By-Law Z580-2010. File: D14.WIEL10 4.Public Comments 5.Council Comments and Questions 6.Adjournment 91-92 93-104 105-116 117-134 Page 3 of 325 Council Agenda June 17, 2010 Page 7.Disposition of Item 3.PUBLIC MEETING 1.Public Meeting (a)7:45p.m. - 911772 Ontario Inc. Rezoning / Draft Zoning By-Law Z581- 2010 - to change the zoning on a parcel of land from the Agriculture (A1) Zone to the Agricultural (A1-A) Zone to recognize an increased lot area as a result of a lot addition by Consent Application E94/09. 2.Declaration of Pecuniary Interest and the General Nature Thereof 3.Staff Presentation (a)Staff Report D2010-18 regarding 911772 Ontario Inc. Rezoning / Draft Zoning By-Law Z581-2010. File: D14.911772 4.Public Comments 5.Council Comments and Questions 6.Adjournment 7.Disposition of Item 7.ROADS, AGRICULTURE & DRAINAGE 135-148 Page 4 of 325 Council Agenda June 17, 2010 Page 7.ROADS, AGRICULTURE & DRAINAGE (a)Staff Report PW2010-12 regarding Repairs to Heritage Line. File: T06 (b)Staff Report PR2010-05 regarding Road Closure Application - Chestnut Street Allowance. File: T09 (c)Staff Report PR2010-06 regarding Road Closure Application - First Alley. File: T09 (d)Event Road Closure Request Form from Straffordville Community Committee regarding "Straffordville Watermelon Fest". File: R06 8.PROPERTY, BUILDING & PROTECTIVE SERVICES (a)Building Permit Report for the month ending May 31, 2010. File: P10 (b)Correspondence dated May 30, 2010 from Straffordvillle Minor Ball regarding "Ontario Rural Softball Association Junior Men's competition at the Straffordville Community Centre". File: C13 (c)Application for exemption from By-Law 2001-57 (to regulate and control noise) regarding Tupper Wedding Clelbration. File: P01 9.FINANCE, ADMINISTRATION & PERSONNEL (a)Cheque Register being Cheque #8628 to Cheque #8674 inclusive, totaling $82,872.93 and Payroll Disbursements for the period ending May 30, 2010 totaling $59,242.97. (b)Request to use Municipal sign regarding "Pork Supper Fundraiser" submitted by Eden & Area Community Group. File: C13 (c)Staff Report C2010-05 regarding Compliance Audit Committee. File: C07 (d)Staff Memorandum C2010-04 regarding Museums Governance & Structure. File: A01 149 151-155 157-161 163-165 167 169 171 173-180 181 183-194 195-209 Page 5 of 325 Council Agenda June 17, 2010 Page 9.FINANCE, ADMINISTRATION & PERSONNEL (e)Staff Report E2010-09 regarding Municipal Drinking Water Licence - Financial Plan. File: L04 (f)Staff Memorandum regarding Placement of "Abandoned" Cemetery Markers. File: S09 (g)Municipal Assistance Application from Port Burwell / Ottervalley Optimists regarding Tub daze and the Port Burwell Santa Claus parade. File: F11 10.ENVIRONMENT (a)Correspondence dated June 10, 2010 from Elgin Area Primary Water Supply System regarding "2009 Year End Financial Information". File: F10 11.COMMITTEE OF THE WHOLE (a)In Camera. (b)Closed session minutes of the regular meeting of Council held June 3, 2010. (c)Out of Camera. 12.BY-LAWS (a)By-Law 2010-058 A By-Law to establish a Municipal Election Compliance Audit Committee (b)By-Law 2010-059 A By-Law to Establish Governance and Structure for the Museums Bayham Board (c)By-Law 2010-060 A By-Law to authorize the execution of an agreement (Canada Post Corporation) (d)By-Law 2010-061 A By-Law to authorize the execution of a Pre-Servicing Agreement (Jo-Lynn Pt. Burwell Inc.) (e)By-Law 2010-062 A By-Law to stop up, close and convey part of unopened road allowance (Chestnut Street) 211 213 215 217-230 231-234 235-248 249-255 257-266 267-268 Page 6 of 325 Council Agenda June 17, 2010 Page 12.BY-LAWS (f)By-law 2010-063 A By-Law to stop up close and convey part of unopened road allowance (First Alley) (g)By-Law 2010-064 A By-law to adopt the assessment on which taxes shall be levied for the year 2010 and the current estimates for year 2010 (h)By-Law 2010-065 A By-Law to adopt the Capital Estimates for the year 2010 (i)By-Law 2010-066 A By-Law to establish a levy for the year 2010, to adopt tax rates, provide for penalty and interest in default of payment and the colllection thereof (j)By-Law Z580-2010 A By-Law to further amend By-Law Z456-2003 (Wieler) (k)By-Law Z581-2010 A By-Law to further amend By-Law Z456-2003 (911772 Ontario Inc.) (l)By-law 2010-067 A By-law to confirm all actions of Council 13.ADJOURNMENT (a)Adjournment 269-270 271-308 309-315 317-319 321-322 323-324 325 Page 7 of 325 Page 8 of 325 COT]NCIL MINUTES TIIE CORPORATION OF THE MTJNICIPALITY OF BAYHAM 9344 Plank Road, Straffordville June 3,2010 7:00 p.m. The regular meeting of the Council of the Municipalrty of Bayham was held on Thursday, June 3, 2010 in the Council Chambers. Present were Mayor Lynn Acre, Deputy Mayor Cliff Evanitski, Councillors Mark Taylor, Wayne Casier and Ed Ketchabaw, Administrator Kyle Kmger and Clerk Lynda Millard. Planning Coordinator / Deputy Clerk Margaret Underhill, Public'Works Manager Gerry LeMa¡ Fire Chief / By-Law Enforcement Offrcer Gord Roesch and Water / Wastewater Superintendent Ed Roloson were in attendance to present their respective reports. 1. CALL TO ORDER Mayor Acre called the meeting to order at 7:00 p.m. ' 2, DISCLOSURE OF PECT]NIARY INTEREST & THE GENERAL NATURE THEREOF Mayor Acre disclosed a pecuniary interest regarding the Richmond Water System and vacated the chair during the delegation presentation. Deputy Mayor Evanitski assumed the chair during this period. 3. APPROVAL OF MINUTES AND ADDITION OF AGENDA ITEMS (a) Minutes of the regular meeting of Council held May 20,2070. 2010-225 Moved by Councillor W Casier Seconded by Councillor E Ketchabaw TTTIIAT the minutes of the regular meeting held May 20,2010 be approved as circulated.fl CARRIED UNANIMOUSLY (b) Added ltem(s) 20t0-226 Moved by Councillor E Ketchabaw Seconded by Councillor W Casier I'THÄT in accordance with Section 21 of Procedural By-law 2002-93, delegation request by Jan Collins / Vienna Citizens Group and correspondence from Otter Valley Chamber of Commerce be added to the agenda as items 4(d) and 9(c)respectively." CARRIED TINANIMOUSLY Minutes of the regular meeting of Council held June 3, 2010.Page 9 of 325 Council Minutes June 03, 2010, 4. DELEGATIONS (a) 7:05 p.m. - Captain Russell Blais, Ferry Operator and Mark Ostryhon, Talisman Energy, regarding proposal for Port Burwell harbour. Mr. Blais inquired whether the municipality is interested in assuming ownership of the Port Burwell Harbour and advised that he is interested in speaking with the Department of Fisheries and Oceans if not. O) 7:15 p.m. - Harbourfront Committee regarding divestiture, dredging and Harbourfront initiatives. Doug Lester spoke on behalf of the Harbourfront Committee and encouraged the municipality to maintain control of the harbour. He advised prop washing by Martin's Fish has improved the quality of access to permit large yachts and a sailboat to utilize the harbour. Staffwas requested to follow up with Small Craft Ha¡bours of the Department of Fisheries and Oceans regarding the Coastal Process Study and inquire whether there are sufficient divestiture incentives for Council to meet with representatives for discussion. (c) 7:25 p.m. - John & Shelley Scott regarding Richmond Community Water. Shelley Scott made a presentation raising concerns of the financial burden and impact on users of the water systern. She suggested that users are being terroizedby the Ministry of the Environment requirements and the subsequent cost of $145 per month being charged to have the Municipality operate the system. She encouraged the municipality to seek federal and provincial assistance on behalf of the users. John Scott provided a list of questions being asked by water system users. He noted that four properties are currently for sale, however with the water crisis, timely sales are unlikely. Deputy Mayor Evanitski assured him that Council shares the frustration of the Richmond residents. The Administrator addressed several of the questions posed. He noted that: o the municipality had lobbied the Ministry very strongly to continue the operation of the system by volunteers; o quarterly reports will be provided to the water users beginning in July; o Richmond users will be billed only for time spent on their system; . no grants have been identified through either the provincial or federal government, residents will be advised if somethingbecomes available. Council requested staff to prepare a written response to the querries provided. Minutes of the regular meeting of Council held June 3, 2010.Page 10 of 325 Council Minutes June 03, 2010, (d) 7:35 p.m. - Jan Collins rqresenting the Vienna Citizens Group regarding hanging baskets for Vienna. Ms. Collins requested Council to approve the purchase of 4 to 6 hanging plant baskets to be hung from the hydro poles in Vienna. She was advised that approval is required from Hydro One and there may be a fee. There was consensus that hangers be purchased and hung either on the poles or on buildings, to be watered by volunteers or Public'Works. 5. INFORMATION ITEMS (a) Correspondence received from Association of Municipalities of Ontario regarding "Ontario Government Promotes the Wise Water use". File: 401 (b) Correspondence received from Association of Municipalities of Ontario regarding "Bill 16, Schedule 25, Public Sector Compensation Restraint to Protect Public Services Act, 2010". File:A0l (c) Ontario Good Roads Association "Board Brief' dated April2010. File: 401 (d) Correspondence dated ly'ray 6,2010 from Minister V/ithout Portfolio, Responsible for Seniors regarding "Senior Achievement Awardu. File: 416 (e) Correspondence dated Mray 28,2010 from Municipal Property Assessment Corporation regarding "Settlement with Ontario Public Service Employees Union Ratified". File: Al6 (Ð Correspondence dated May 2010 from Ministry of Aboriginal Affairs regarding "Violence Against Aboriginal'Women", File: A1 6 (g) Elgin CountyMatters newsletter dated Ma¡ 2010. File: 416 (h) Bayham Harbourfront Committee minutes of meeting held May 11,2010. File: C06 (Ð Correspondence dated }.lay 21,2010 from The Corporation of the Municipality of Arranelderslie regarding "Industrial / Commercial Wind Generation Facilities (Wind Turbines) By-Law 14-10". File: C10 C) Correspondence dated ly'ray 2010 from Ministry of Citizenship and Immigration regarding "Ontario Medal For Good Citizenship". File: M02 (k) Correspondence dated Mray 26,2010 from Elgin County OPP regarding various items. File: Pl7 2010-227 Moved by Councillor W Casier Seconded by Councillor E Ketchabaw "TIIAT information items 5(a) through 5(k) be received for Ínformation." CARRIED UNANIMOUSLY Minutes of the regular meeting of Council held June 3, 2010.Page 11 of 325 Council Minutes June 03, 2010, 6. PLAIINING. DEVELOPMENT. RECREATION & TOURISM (a) Staff Report D2010-14 regarding Moore Easement Agreement. File: D15 2010-228 Moved by Councillor E Ketchabaw Seconded by Councillor W Casier "THAT Staff Report D2010-14 regarding an easement agreement with the Estate of George Stanley Moore be received; AND THAT By-law 2010-054, being a by-law to authorize the execution of an easement agreement between the Estate of George Stanley Moore and the Corporations of the Municipality of Bayham and the Town of Tillsonburg, be presented to Council for enactment." CARRIED UNANIMOUSLY (b) StaffReport D2010-15 regarding Mennonite Church in Christ Site Plan Agreement (By-Law 2007-063). File: Dl1 Staffwas requested to send a letter to the County of Elgin regarding speed limit reshictions in the area ofthe church and school. 20t0-229 Moved by Councillor W Casier Secondedby Councillor E Ketchabaw "THAT Staff Report D2010-15 regarding the Mennonite Church in Christ Site Plan Agreement be receÍved; AI\D THAT the completion date of the Mennonite Church in Christ Site Plan Agreement as authorized by ByJaw 2007-063, be efended for a third time for one year to June 7, 2011." CARRIED UNANIMOUSLY 7. ROADS. AGRICULTURE & DRAINAGE (a) StaffReport PW2010-07 regardingReplacement Truck - Fire Chief. File: P16 2010-230 Moved by Councillor W Casier Seconded by Councillor E Ketchabaw *THAT Staff Report PW2010-07 regarding Replacement Truck-Fire Chief be received; ÄND THAT Council direct staff to replace the present 1998 GMC with the purchase of a 2009 GMC from DeGroote-Ilill in the amount of $131900." CARRIED UNANIMOUSLY Minutes of the regular meeting of Council held June 3, 2010.Page 12 of 325 Council Minutes June 03, 2010, (b) StaffReport PW20l0-08 regarding One Ton Low Boy Truck. File: Fl8 2010-231 Moved by Councillor W Casier Seconded by Deputy Mayor C Evanitski 'TTIIAT StaffReport P\il2010-08 regarding One Ton Low Boy Truck be received; AND TIIAT Council direct staff to replace the present1993 GMC Flat Bed Truck with a 2007 Chevrolet Silverado in the amount of $42,336.00 including applicable taxes from Cain Auto Sales and Service of Bayham." CARRIED TINANIMOUSLY (c) StaffReport PW2010-09 regarding Carson Road Bridge Closure. File: T04 2010-232 Moved by Deputy Mayor C Evanitski Seconded by Councillor W Casier Tf TIIAT Staff Report PW2010-09 regarding Carson Road Bridge Closure be received for information. tt CARRIED UNANIMOUSLY (d) Staff Report PW2010-10 regarding Best Line Road Closure. File: T09 2010-233 Moved by Councillor W Casier Seconded by Deputy Mayor C Evanitski "THAT StaffReport PW2010-10 regarding Best Line Road Closure be received for information.tt CARRIED UNANMOUSLY (e) StaffReport PW2010-11 regarding Information regarding Canada Post Boxes. File: cl3 2010-234 Moved by Councillor W Casier Seconded by Councillor E Ketchabaw "THAT Staff Report P\ü2010-11 regarding Canada Post Boxes be received; AND THAT a by-law be prepared to authornethe execution of an agreement with Canada Post for the provision of Mail Receptacles in Richmond." CARRIED UNANIMOUSLY Minutes of the regular meeting of Council held June 3, 2010.Page 13 of 325 Council Minutes June 03, 2010, 8. PROPERTY. BUILDING & PROTECTIVE SERVICES (a) Staff Report PV/2010-06 regarding Promote Waterfront and Beach. File: R06 2010-235 Moved by Councillor V/ Casier Seconded by Deputy Mayor C Evanitski TTTIIAT StaffReport PW2010-06 regarding Promote \ilaterfront and Beach be received for information. rr CARRIED UNANIMOUSLY (b) Staff Report FD20l0-002regañing Station #1 (Port Burwell) Replacement. File: Pl6 20t0-236 Moved by Councillor E Ketchabaw Seconded by Deputy Mayor C Evanitski T6TIIAT Staff Report FD2010-002 regarding Station #1 (Port Burwell) Replacement be received; AND THAT council direct staff to moye forward and hire an engineering firm to represent the municipality with the direction to replace the Port Burwell Fire Station on the property known as 55461 Nova Scotia Line. The costs for the engineer shall be paid from the current reserve funds.'t' CARRIED UNANIMOUSLY 9. FINANCE. ADMINISTRATION & PERSONNEL (a) Cheque Register being Cheque #8526 to Cheque #8593 inclusive, except Cheques #8402 totaling $300,956.43 and Payroll Disbursements for the period ending May 16, 201 0 totaling 556,419.22. 2010-237 Moved by Councillor E Ketchabaw Seconded by Councillor W Casier I'TIIAT Cheque Register being Cheque #8526 to Cheque #8593 inclusive, except Cheques #8402 totaling $300,956.43 and Payroll Disbursements for the period ending May 16,2010 totaling$56,419.22 be approved." CARRIED UNANIMOUSLY (b) Staff Report H2010-05 regarding Violence in the Worþlace Policy. File: 409 20t0-238 Moved by Councillor E Ketchabaw Seconded by Councillor W Casier Minutes of the regular meeting of Council held June 3, 2010.Page 14 of 325 Council Minutes June 03, 2010, *THAT Staff Report 112010-05 regarding Violence in the Workplace Policy be received; AND THAT the Violence in the Workplace Policy as presented in Report 112010-05 be adopted by Council." CARRIED UNANIMOUSLY (c) Correspondence from Otter Valley Chamber of Commerce requesting Council allocate $400 from Bayham's tourism budget to assist with offering Wifi service. File: Cl3 Email correspondence from Doug Lester, President Otter Valley Chamber of Commerce requesting Wifi on the beach Mr. Lester advised that placement of this Rogers Rocket device would allow visitors the convenience to check email, use Google and web-surf, on the East beach, the only north shore beach with this service. It was agreed the cost be allocated to the tourism budget. 20r0-239 Moved by Councillor W Casier Seconded by Councillor E Ketchabaw "THAT Council supports the request from the Otter Valley Chamber of Commerce of $400 to cover the cost to purchase device required to provide \ilifi service on the East Beach during June, July and August.'r CARRIED UNANIMOUSLY 10. EÌ\TVIRONMENT (a) StaffReport E2010-07 regañingPickup truck tender results. File: F18 2010-240 Moved by Deputy Mayor C Evanitski Seconded by Councillor E Ketchabaw "TIIAT StaffReport E2010-07 regarding Pickup truck tender results be received; AND TIIAT staff be directed to purchase a20ll Dodge 4x4 pickup truck as tendered from Cain's Auto Sales and Service for a total of 5261845.77 and trade-in of $575.00 for a 1998 Chevrolet 4x4." CARRIED Minutes of the regular meeting of Council held June 3, 2010.Page 15 of 325 Council Minutes June 03, 2010, O) Staff Report E2010-08 regarding Septage Disposal Fees. File: EOl 2010-241 Moved by Councillor W Casier Seconded by Deputy Mayor C Evanitski "THAT Staff Report 82010-08 regarding Septage Disposal Fees be received; AND TIIAT By-Law 2010-056, being a by-law to further amend By-Law 2005-102, Imposing Rates and Fees, be presented to Council for enactment.t' CARRIED UNANIMOUSLY 11. COMMITTEE OF THE WHOLE (a) In camera. 20t0-242 Moved by Deputy Mayor C Evanitski Seconded by Councillor E Ketchabaw "TIIAT the Council do now rise to enter into an I'In Camera" Session of Committee of the Whole at9z24 p.m. to discuss: o litigation or potential litigation - Bayham v. Csinos." CARRIED UNANIMOUSLY O) Closed session minutes of the regular meeting of Council held May 6,2010. (c) Confidential item regarding litigation orpotential litigation - Bayham v. Csinos (d) out of Camera. 2010-243 Moved by Councillor E Ketchabaw Seconded by Deputy Mayor C Evanitski rrTIfAT the Commiffee of the Whole do now rise from the 'f fn Camera" session at 9:31p.m." CARRIED UNANIMOUSLY 12. BY-LAWS (a) By-Law 2010-053 A By-Law to further amend By-Law 2007-023 to regulate building construction, demolition, change of use permits, septic systems, sewer connection permits and inspections. Minutes of the regular meeting of Council held June 3, 2010.Page 16 of 325 Council Minutes June 03, 2010, (b) By-Law 2010-0544 By-Law to authorize the execution of an easement agreement (Moore) (c) By-Law 2010-055 A By-Law to authorize the execution of a contract (Endangered Species Act) (d) By-Law 2010-056 A By-Law to further amend By-Law 2005-102 (Rates and Fees) 2010-244 Moved by Councillor E Ketchabaw Seconded by Deputy Mayor C Evanitski "TIfAT By-Laws 2010-053, 2010-054, 2010-055 and 2010-05ó be read a first, second and third time and fìnally passed." CARRIED UNANIMOUSLY (e) By-Law 2010-057 A By-Law to confirm all actions of Council 2010-245 Moved by Councillor W Casier Seconded by Councillor E Ketchabaw "TIIAT confirming By-Law 2010-057 be read a first second and third time and finally passed." CARzuED UNANIMOUSLY 13. ADJOURNMENT (a) Adjoumment 20r0-246 Moved by Deputy Mayor C Evanitski Seconded by Councillor W Casier "TIIAT the Council meetÍng be adjourned at9:32 p.m." CARRIED TINANIMOUSLY MAYOR Minutes of the regular meeting of Council held June 3, 2010.Page 17 of 325 Page 18 of 325 The Municipality of Bayham P.O. Box 160 9344 Plank Road Straffordville, Ontario NOJ lYO Danielle & Ryan Murray Bittersweet Farm P.O. Box 398 Straffordville, Ontario NOJ IYO Thursday, June 10, 2010 Attn: Counsel REQUEST OF DELEGATION My name is Danielle Murray, and my husband Ryan and I will be hosting a multi- agency fundraiser for Big Brothers Big Sisters on Saturday, September 4,2010. I am submitting this letter to the Municipality of Bayham as a formal request that the issues noted hereafter please go to delegation. IV'e are in need of the support of our Municipality and Community for the following items concerning the above mentioned event; 1. Picnic Tables - to be used by visitors attending 2. Garbase Cans & Recvcling Bins - to ensure proper disposal of waste accumulated during the event 3. Tables from the Straffordville Community Centre - to display items for silent auction and other event related activities 4. Waiver of Applicable Fees Set bv the Municinality - e.g. tents over displays, and any other fees deemed appropriate by either the Chief Building Offrcial or the Municipality itself. Because we expect alarge number of visitors in attendance of this event (local and those classified as tourists), we are of the opinion that it is the responsibility of all those involved, directly and indirectly, to guarantee an environment that is not only clean but hospitable and welcoming. If we can garner the support of our Municipality and Community to create the desired atmosphere we can no doubt develop a successful event that will, first and foremost, benefit the charitable agencies involved but also continue to shine a positive light on Bayham. 7:05 p.m. - Danielle Murray / Bittersweet Farms regarding Big Brothers & Sisters fundraiser. Page 19 of 325 In addition, we ask that should this letter not be suffrcient in convincing the Municipality of the needs of this charitable event, hosted and orgarized by one of its residents, that these matters be allotted time in the agenda and we be permitted to speak on its behalf at the next Counsel Meeting on Thursday, June 17,2010 at 7:00 p.m. I thank you for your attention and consideration of these conceûN. Respectfully, Danielle Murray 7:05 p.m. - Danielle Murray / Bittersweet Farms regarding Big Brothers & Sisters fundraiser. Page 20 of 325 5 The Corporation of the Town of New Tecumseth Møilìng Address: P.O. Box 910 Alliston, Ontario L9R IAI A D MINIS TRA TION DE PARTMENT Adminßtrúion Centre 10 llellington St, E. Allisrou Onfqr¡o lle b Addr ess : hthtw.totrh newtec umseth. o n ca Em øíl : clerl@¡oxtrL nenlecumsdh on ca Phone: (705) 435-6219 or (905) 729-0057 Fax: (705) 435-2873 May 1 3,2010 The Honourable Dalton McGuinty, Premier of Ontario Legislative Building Queen's Park Toronto, ON M7A 1A1 Dear Sir: RE: HARMONIZED GOODS AND SERVICES TÆ( Please be advised that Council for the Town of New Tecumseth passed the following resolution on May 1}th,2010 and is seeking support from all Ontario Municipalities: WHEREAS the Harmonized Goods and Services Tax will come into effect on July 1, 2010 resulting in an 8%o increase on many products and seruices for tax payers; AND WHEREAS the Council of the Town of New Tecumsefh passed a resolution in July 2009 requesting the Provincial Government to minimize the impact on taxpayers and businesses fhaf was widely endorsed by Ontario municipalities; AND WHEREAS minor sporfs organizations have expressed concerns that the HST will result in children's and youth sporfs activities being too expensive for working families and that enrolment in minor sporfs will diminish; AND WHEREAS Ontario municipalities are being requested by minor sporfs organizations to freeze or reduce facility rentalfees in order fo /essen the impact of the HST; AND WHEREAS all taxpayers will have to bear the cost of any fuñher subsidy provided by municipalities; l2 Correspondence dated May 13, 2010 from The Corporation of the Town of New Tecumseth regarding "Harmonized Goods and Page 21 of 325 200'd 'IVIOI The Honourable Dalton McGuinty May 13,2010 Pasþ2 6 2 AND WHEREAS the Province åas publicly slafed that the health sysfem is commítted to reversing the trend to overweight and obesity, but it cannof so/ve the problem on its own and that physìcal, social, cultural and environmentalfactors have strong influenæ on weþht and that Ontario needs a b¡oad, multi+ectoral, community-wide response to the obesíty opidemic; AND WHEREAS the ínoeased oost of reteation and athletic prcgrems resulting from the HST will further prevent individuals, youth and children from registering in t/¡ese progÌams; AND WHÊREAS fhe rising æst of policing Ís fufther exacerbated by the increasíng number of crimes peryetnted by youth and that keeping our young people aclive and involved in recreation and sports assr'sfs in rdducing such criminal involvement; TþIEREFORE BE lT RESOLI¡.ED THAT the Province of Ontario be requested to consider exempting çhìldren's reueation progams from the HST ìn order that Ontario families can afford to parttcipate în athletic and reqeatíon prognms irt their æmmunîties. We look forward to your favourable consideration in this matter. Yours truly, and Economic Development Copy: Association of Municipalities of Ontario 200'd zotzz 8I0z-¿0-N0t Correspondence dated May 13, 2010 from The Corporation of the Town of New Tecumseth regarding "Harmonized Goods and Page 22 of 325 Heads UP MrerZfu,þo/,a*June 8,2010 Ontario Good Roads Association applauds Extension of Highway 407 The Ontario Good Roads Association (OGRA) applauds the decision by the Ministry of Transportation and lnfrastructure Ontario to move forward with the eastern extension of Highway 407. "This is exactly the type of long range thinking this province needs," said Joe Tiernay, Executive Dlrector. "Minister Wynne should be congratulated on moving ahead with this important project." The Highway 407 East Extension project will continue to provide much needed economic stimulus by creating and supporting jobs after the current round of economic stimulus funding expires. Once completed, the extended highway will represent a significant addition to the safe and efficient roadway system that Ontario and Ontario municipalities already manage. "Comprehensive transportation networks, such as the 40O-series of highways, are key factor in attracting and retaining business in a globalized world. The province is to be commended for its decision to move forward with the project," noted Paul Johnson, President, OGRA. Ontario Good Roads Association represents the transportation and public works interests of municipalities through advocacy, consultation, training, and the delivery of identified services. -30- Contact: Colette Caruso, Ontario Good Roads Association, 905-795-2555 or colette@ogra.org n Alert keeping rnernbers infcrmed. GOOD R 6355 KENNEDY ROAD, UNIT #2, MISS L: (905) 795-2s55 FAX: (905) 795-2660 E Correspondence dated June 8, 2010 from Ontario Good Roads Association regarding "Ontario Good Roads Association applauds Page 23 of 325 Page 24 of 325 :) A,cr ¡ Local Authority Services Ltd. 200 Un¡verslty Ave. Suite 801, Toronlo ON M5H 3C6 fel. 416-97 1 -9856 - Fax: 4'16-97 1 -6191 vwvw.las.on.ca - email: LAS@amo.on.ca Lynda Millard Clerk Municipality of Bayham P. O; Box 160, Straffordville, ON NOJ 1Y0 To Whom lt May Concern: Re: LAS Municipal Energy Performance Benchmarking Project LAS is pleased to forward you the results of the Energy Performance Benchmarking Project. Over 140 municipalities worked with LAS and Marbek Consultants on this project since October 2008 by filling out detailer organizational and facility surveys, responding to requests for information, and enabling site tours. Data from 393 municipalfacilities across Ontario was compiled and analyzed throughout 2009 resulting in the final report and Best in Class Case studies included in the package. lf you are also among the 140 participating municipalities, the staff involved will also receive a two-page report for each building studied that contains a confidential analysis of facility energy performance and associated technical, management and organizational practices as well as appropriate next steps to improve performance. Energy Performance Benchmarking is a proven technique for helping organizations understand how their staff and their buildings perform relative to similar buildings and staff. The knowledge and experience gained from a benchmarking exercise can identify the next logical steps to realize energy savings and the related cost savings in the buildings studied. LAS developed this project to enable municipalities such as yours to answer the following questions: . How energy-efficient are our facilities?. Can we improve the performance of ourfacilities by using more efficient technolqgies? . Are there operationalways in which we can improve energy efficiency?. Do our corporate policies and organizational structure support effective energy management?. What are some of the differences between our facilities and top-performing similar facilities in Ontario? (e.9. types of technology, policies and practices) . Which of our facilities, if any, need further investigation? ln general, the results show a low-level of energy performance in Ontario's municipal sector relative to best practices. The median technical best practice score is 40 on a scale of 1 to 100 indicating significant unrealized energy savings potential. Similarly, the median management and organizational best practice scores are 25 and 21 respectively; highlighting the need to address the internal practices necessary to improve and sustain energy performance over the long-term. It is our hope that you will disseminate these reports to anyone in your municipality involved in energy, facility, capital, or asset management as well as council. Should you have any questions about any of the above contact me at 416-971-9856 ext. 357 or by email at svokey@amo.on.ca. LAS is a wholly-owned subsidiary company of Assoc¡aÌion of /!lunìcipalilies of Ontario Correspondence dated June, 2010 from Local Authority Services Ltd. regarding "LAS Municipal Energy Performance Page 25 of 325 Page 26 of 325 5 ELG'N couNTy ENTRE'RENURES tr.'-l AND NOT-FOR-PROFIT ASSOCIATIONS John Wilson, Moyor of the Township of Mqlohide, in portnership with Sqnd Ploins Community Development Fund Progrom qnd Elgin Community Futures Development Corporolion, is pleosed to invite you to ottend qn upcoming informotion session on the Sond Ploins Community Development Fund. The purpose of the progrom is to ossist rurol communities in the Sond Plqins region to build o stronger ond more diversified economy. This Fund is intended for community initiotives thot support regionol development through stimuloting business investment ond job creotion, strengthen locol populotions ond ottroct visitors. Rurol projects in the counties of Bront, Elgin, Middlesex, Norfolk ond Oxford moy opply for ossistonce of up to $250,000 in either for-profit or not-for-profit cotegories. Attendees from for- profit or not-for-profit groups qre invited to ottend The seminor is being held of the Eqsl Elgin Community Complex 531 Tolbot Street West, Aylmer, Ontorio Wednesdoy, June 23 ol4:00p.m. 4 - 5 PM - Presentotion followed by Q&A Pleose RSVP to Diono Wilson of dwilson@molohide.co Or by telephone 519-773-534,4 Toke 401 West Hwy # 73 south to Aylmer, of second set of lights (moin intersection of Tolbot St. ond John St.) turn right (west) The Eost Elgin Community Complex is on the north side of Tolbot just os you ore leoving Aylmer. Tqke 401 Eqst Hwy #74 south through Belmont, #74 ends of Hwy #3 (New Sorum) Turn left (eost) on # 3 to Aylmer (through Orwell) Hwy #3 is Tolbot Street The Eost Elgin Community Complex is on the North side of Tolbot St. os you ore entering Aylmer. Invitation to attend upcoming information session regarding "Sand Plains Community Development Fund". Page 27 of 325 Page 28 of 325 (.-) Carch dte K,aw at)ø sþirit The Corporation of the Cìty of Kawartha Lakes P.O. Box 9000,26 Francis St., LindsaY, Ontario KgV 5R8 Tet: (705) 324-9411 ext 1320, 1 888-822-2225 Fax: (705) 324-Bl 10 r m cgee@ city. kaw arth al akes. o n. ca l'ì1.,: Ric McCeE, Mayor May 1tt,2o1o Dear Head of Council and memberc of Council, I am writing to you today to bring to your attention avery serious matter that will negat¡vely impact all municipalities within Ontario if the practice I am abgyt to bring to your attention becomes 'standard Operating Procedure' (SOP) for the Ministry of Environment. From the attached briefing notes, you will see that a private property owner received a fumace oil delivery from ã private business in December of 2008. A fumace oil leak ensued and clean up operations began, led by the private property owners insurance company and supervised by MOE personnel. When the property owrìers insurance funds were exhausted, the MOE issued orders against the City of Kawañha Lakes, (the municipality) to assume responsibility (operationalg ãnd financially) for the entire cleanup of the road allowances and Sturgeon Lake, despite the fact that the municipality had no involvement or respónsibility for the fumace oil leak occuning. This is clearly a matter of principle that we believe the polluter should pay"not the municipality and our propefi taxpayers! Especiatly when theyhãve acknowledged we are an innocent victim in this maitei. lf this becomés MOE standard practice, it may be vour municipality and your constituents footing the bill for the next spill. With the preceding in mind, on behalf of Kawartha Lakes Council, our solicitor has appealed the MOE orders to the EnvironmentalTribunal as we see these actions as unfair and potentially crippling to Ontario municipalities if this MOE practice continues. We apprecìate AMO's support in sharing this concem through the AMO Watch File to date recognizing that this could be precedent setting for all municipalities. The costs of defending, not only the City, but the rights of all municipalities is significant. Therefore, we would respectfully request that your Gouncil consider investing a small, yet significant donation to this legaldefense fund to ensure that no other municipalityis phóed in the position that Kawartha Lakes has been. lf you would consider contributing even $0.02 (two cents) per resident to the Defense Fund or a minimum of a $500.00 contribution, it would greatly assist with our collective defense. Correspondence dated May 1, 2010 from City of Kawartha Lakes regarding "the polluter should pay". Page 29 of 325 Further, should any surplus exist at the conclusion of legal proceedings, you have our commitment that these funds will be transfened to AMO with a request to consider the creation of a Municipal Legal Defense Fund to prepare for the next time a fund is needed by Ontario municipalities. I am confident that you will see the need to work together to prevent this from affecting any other municipality. I would like to thank you in advance for your consideration and commitment to preventing Ontario municipalities from the unfair burden of increased responsibilities such as the one I have shared with you. Again, many thanks for your .contribulion and please feelfree to contact me should you have any questions relating to this matter. City of Kawartha Lakes RM:dt¡r Members of Council Jane Reynolds, CAO MunicipalClerks Correspondence dated May 1, 2010 from City of Kawartha Lakes regarding "the polluter should pay". Page 30 of 325 City of The Corporation of the City of Kawartha Lakes P.O. Box 9000, 26 Francis St., Lindsay, Onta¡io K9V 5R8 Tel: (705) 324-9411 ext I j20, 1 88ù822-2225 Fa:<: (705) 3244110 r m cgee @ city. kaw a¡th al ake s. o n. ca Ric McGee, Mayor February 17h,2010 Association of Municipalities of Ontario (AMO) 200 University Ave., Suite 801 Toronto, ON MsH 3C6 Attention: Peter Hume, President Dear Mr. Hume: RE: 93 Hazel Street Oil Spill, Thurstonia, City of Kawartha Lakes The Thurstonia spill has generated considerable attention in the local media as wefl as broader legal, regulatory and insurance circles regarding the implications for increased future municipal liability. Following the release of approximately 700 litres of fumace oil from a private residence within the City of Kawartha Lakes, the City was served an order by the Ministry of the Environment to clean up the spill related contamination on an adjacent city roadway. The spill occurred on December 18ü, 2008 and the Order was served to the City on Friday March 27h,2009. The Gity has since challenged the Order on the grounds that the municipality is an innocent party and the Order would better be served to any number of other parties having direct ownership, use or control of the pollutant. ln response, the Environmental Tribunal has limited the municipality's right to put forward evidence to support our position. On November 2Oth, 2009, the Tribunal ruled that'all parties agree that the Gity was and is an innocent owne/ and 'the Tribunal is aware that the Gity is not the pollute/. Nevertheless, the effect of the Tribunal's decision was to require the municipality to comply immediately with the Mínistry of the Environment's remediation order, then attempt to recover the costs of doing so from the responsible parties. As a result of the legal ruling, the City has since been forced to remediate the public property (road and shoreline) at considerable cost and will continue to bear the costs of ongoing monitoring and remediation directed by the Province. The City has appealed this ruling to the Divisional Court on the basis of 2 prior Divisional Court rulings supporting its position, however, the cost to mount this challenge from a legal perspective could be significant and without any recourse for cost recovery. We believe that Correspondence dated May 1, 2010 from City of Kawartha Lakes regarding "the polluter should pay". Page 31 of 325 this case has implications for every municipality in the Province. lmagine the implications of numerous spills that could occur on municipal roads and highways and the impending orders that would be issued by the MOE against Ontario municipalitíes if this practise is not stopped .... and stopped right now!. We are appealing to the Province to enact legislative change to protect municipalities from being financially responsible for such clean ups and prevent municipalities from being forced to pursue legal costs from the very people we are mandated to serve. A copy of the Briefing Note we hope to present at the upcoming OGRA/ROMA conference to the Ministers of the Environment and Municipal Affairs and Housing is attached for your information. Whife we are hopefulthe Province will address this unfairness, we are burdened with costs to defend our position and the position of all municipalities which, could result in serious ramÍfications for all Ontario municipalities. Therefore, Gouncil for the City of Kawartha Lakes is respectfully requesting that AMO support our cause and/or endorse a request to all municipalities to contribute to our legal costs because this defence is in defence of all Ontario municipalities. The appeal before the Environmental Review Tribunal is set for April 2010, so time is of the essence. This case will set a precedent and díctate, from a policy perspective, how the Province will deal with municipalities in the future. We believe the cunent stand is unfair and places a burden on innocent taxpayers with added liability and cost. lt is for these reasons that the City has requested the advice and assistance of AMO (and AMO member municipalities) to appealthe Tribunal ruling. lf our appeal is successful, there will be a significant financial burden eliminated for all municipalities in the Province, should a similar spill occur in another Ontario municipality. We have also provided you with a copy of an article entitled 'Tribunal Spums 'Polluter Pays' Principle" that was published in The Lawyers Weekly by Dianne Saxe, an Environmental lawyer. We recognize the importance of AMO's role in assisting and supporting municipalities from an advocacy perspective. We look forward to hearing from you no later than March th regarding your ability to either support our appeal and/or to suggest ways to pursue this with our colleagues so that we may consider our next steps. lf you have any questions in this regard, pfease feel free to contact myself or Jane Reynolds, GAO at (7OS) 324-941 l, ext. 1296. Otherwise,.our thanks to you and the Board for considering this very important matter. Yours truly City of Kawartha Lakes CC: Council Mr. Roger Anderson, Chair of Regional and Single ïer Caucus Mr. Barry Devolin, M.P., Halih¡rton-Kawartha Lakes-Brock Mr. Rick Johnson, M.P.P., Haliburton-Kawartha Lakes-Brock Ms. Jane Reynolds, CAO, City of Kawartha Lakes RM:dw Correspondence dated May 1, 2010 from City of Kawartha Lakes regarding "the polluter should pay". Page 32 of 325 The Corporation of the City of Kawartha Lakes P.O. Box 9000, 26 Francis St., Undsay, ON l(gv 5R8 Tel: (/05) 324-94 1 1, 1-æ842-22¿5 Fax (705) 32+5417 SUBtllS!¡lON TO: The Honourabte John Gerretsen llinister of the Envircnment The Honourable Jim Bradley Ministry of Municipal Affairs & Housing SUBJECT: Thurctonia O¡l Sp¡ll, City of Kawartha Lakes- "Polluter Pays' Principle RECOITIIMENDATION: That the Ministries commit to changes in legislation to ensure "Polluters.Pay" and a level of "Faimess' occurs for municipalities and other innocent victims of environmental spills. BAGKGROUND: On December 18, 2008 a spill to the environment of approximately 700 litres of f¡mace oilfrom a private residence within the City of Kawartha Lakesoccuned. On Friday March 27,2009 at 4PM the Cþ uras served an order by the Ministry of the Environment to cleanup the spill related contamination on the adjacent crty rôadtaray and take measures to protect the adjacent lake from contamination. Since this time the City has incr¡ned over $300,000 in cleanup and investigation related costs to comply with the order. At the same time the City has also legally challenged the appropriateness of being served the order on the grounds that they are an innocent party and the order would better be served to any number of other parties having direct o¡/nersh¡p, use or control of the pollutant ln response, the EnvironmentalTribunal has limited the Gity's right to put fonruard evidence to support its position and on November 20, 2009 ruþd that 'all parties agree that the Gity was and is an innocent owne¡¡ and "not thepolluted. Nevertheless, the effect of the Tribunal's decision was to require the municipality to comply immediately with the Mínistry of the Environmenfs remediation order. lt has then been left to us, the innocent owner, to then attempt to recover the. costs of the remedialwork from the responsible parties. Correspondence dated May 1, 2010 from City of Kawartha Lakes regarding "the polluter should pay". Page 33 of 325 Page 2 As a result of the legal ruling the City has been forcd to investigate, remediate and monitor the public property (road and shoreline) at considerable cost and will continue to bear the costs of ongoing monitoring and remediation directed by the Province. Tte Gity has appealed this ruling to the Divisional Court on the basis of two prior Divisional Court rulings supporting its position and the matter is scheduled to be heard in April of this year. However, the cost to mount this chalþnge from a legal perspec{ive could be significant and wiürout any recourse for cost recovery. The City is seeking support from AMO and other municipalities for legal costs, because all municipalities should be concemed that they may end up dealing with a similar situation should a spill occur adjacent to one of their roads and/or properties. This case will set a precedent and di&te, from a policy pespective, how municipalities will be dealt with in the future. We believe it is unfair to burden innocent taxpayers with added liab¡lity and cost. lf an appeal was succæsful there would be benefit to all municipalities in the province as well as the City should a similar situation rê-occur. This case has inspired considerable media attention as well as interest in the insuranæ and regulatory fields. We have provided a copy of a recent article entitled ''lribunal Spums 'Polluter Pays' Principle" that was published in The Latuyers Weekly by Dianne Saxe, an Environmentallawyer ISSUE: As a result of a heating oil spill on a private residence (in which the City has been legally declared an innocent party by the Environmental Tribunal) the Cig has since been forced to remediate the public property (road and shoreline) at considerable cost and continues to bear the costs of ongoing monitoring and remediation directed by the Province... in spite of MOE's recognition that the City is not the polluúer, We would rather not legally challenge the Province. lnstead, we are hopefulthat it would be in the best interests of the Ministry of the Environment along with the Ministry of MunicipalAffairs and Housing to work together to cfrange bgislation to protecf municipalities and others and ensure municipalities are not placed in this very difficult situation. GONCLUSION: As a result of the legal ruling a precedent is being set as to how MOE may deal with municipalit¡es with spills that occur adjacent to municipal properties and roads. We believe this approach is unfair and will burden innocent taxpayers with added liability and costs. Levels of Govemment should be working together to solve this concem for all municipalities, not only on this one issue, but for everyone in the future. The pollutershould pay...not an innocent partyl Correspondence dated May 1, 2010 from City of Kawartha Lakes regarding "the polluter should pay". Page 34 of 325 DIANNE " tbathsd¡otc¿uæôlùecsnauf- nief, t¡c tomswo.f. ¡ns,n aaee d{Juetcr, ùo lvlinlrtry of ùe EoïI¡oana* ¡¡. il thc ÎSSA bâit !t¡ oFpfrnrdry.þ p¡crrEEt tto I¡k*l' ...:......i,r..!¡r. horyiadal ¡taf rypcEr to hsvo had a Ag'mcaæ l¡ûtrcnCo onhm thc fuwæoË EouÇf:rra! spcot mil choæ to ¡pcûal Do¡e qf &!ura[ao coBpr¡y, F¿tDerB' It Mr¡tuq ¡ct¡heil a cleaoup con: ty. l¡¡ur¿uco ooBpaÐt, F¿tDe¡¡'tt clcdag up aü¡tdpd ¡nopar. $Iü,nD toÎûJBR Fr îfi UlrfiBs tìtEcY ruil arigþt to comrpcnsetí<ln ñon thc g¡winc¡d Crown (¡. tOr). It \nruLt ebo htnË'br¿' r cles¡er . dtht to ¡ÈeoÍEs i¡ co¡t¡ 'a¡d alPrc8lct ur'Íng e oost rGad/erjr ôrder rniler s. IOO.L Was Ít a¡ dgÞÉluilptotcsdoEe? . :çaudaed. Or Nw. 2Or 2Oo9? the.cuvi- ¡onncnte,l rwlcw . ùitu¡al blodßc,¿t ths dty Èom' edatudng erridoec o¡ thesê poinB, I¡ csscaqÉ, tt n¡Id tbìet dtowiûg iuoccutprtdcr to rppcal odlers bccauCo.thry dø't ñtrly dlocatc [abllity cdul¿ m¡llc ite hcadnç' 5c¡ Ksvqrrhc Pugr 15 mËoa of i banlorpt tadlc uftr Agtpùotæ tttt tnteô, oo, ¡ud con- lirtcùÈ slt¡, ardo,awlile ¡nbd- ples on c,nvl¡onncut¿I. liahtlíty adoptcd by tbc C¡¡ad¡¡n CouncíI of Mhtsteu ofthe &r¡i¡o¡ment, nca,alng arcry lvßnlstcr of tho Envhmmcot.iotleouty.Noç, bowcrver, .the EnvÍ¡onoeobl Rsvlcw ÎiÈ¡unal has rcjectcil thc Applâa ÞÅ\d- pleq r¡il æccptcd thc MOEb asguroeñ thlÈ ûtaesr b targdy inelena¡t Kaaør+Iß Ialcet Gily) o. Ootarlo '(Mânhr;'.g. of thø M)[2909]o¡,R.TD. sÆG Shoukl the O¡ia¡io ltlültuÈy ûf thc hrirorncù¡t (MOÐ bo ellqu¡eil to ispose untrr liehllfty on i¡¡ocant la¡tloroc¡r¡ l¡steqd of tÀe partÍes vho a¡e astuaûy reçonslble? ltlhat bappcûcal to lollutcrpays" eatl ø Tafnc¡s?' ftftê$¡ ]æatc rgþ, b,futin ølft,úlitry of tIE E¡rotlutwtÊ ú &urg) a 72ttfl97 Onþtìn ha (Apphta), ÍLelr5l oJ. Nó. szls, wb¿t wrs ttco.tùc.eoviro¡mcqtel áppe8l boe¡d ¡oil tho Dtvlstonrt Cqart insisùe¡l that fai¡ness ts a p¡opcr aril.¡€lÇ!trst"Lrltcrlm for -r^5-5- - $we¡, evg- ùJ. ürÈbrr, DL rc¡rrlccr, ou Dec' go. lto'ul¡t¡eyihcnordcrÊitthó By tho, opllleilÐy t"q opflleil ñd ¡ad f,arleA dltohkoæctbecleæu¡rofdt. tårough-thcmuntdpallewqÐ's- nuatdpal prop€Ety. Áaa¡n8 ten a¡il s{ilrÉÉ into Sturgcolr lD!'dt t l"loy, U; order w¡¡ tb¡outhlùGnuntdpallewc¡Ð's- nuatdpal prop€Ety. ten a¡il s{ilrÉÉ into Sturgcolr lD!'dt b ltrtrtry, thC 'I¡ke.lte MOE lssucit a pmrnn-' irr¡ciltothCdtylntts capadtyai dql oFccrb ordcr reEdùg the lauilo¡¡cr of tte cmtominibil dty, EtÅ of to conpeosadon fo¡ .ltc' costo. .1tonpro4..,ûom.tùorc rqq¡r{blc¿h,.pst r@t egs, 00 I risks C o r r e s p o n d e n c e d a t e d M a y 1 , 2 0 1 0 f r o m C i t y o f K a w a r t h a L a k e s r e g a r d i n g " t h e p o l l u t e r s h o u l d p a y " . P a g e 3 5 o f 3 2 5 e?Igg. ,ûß49 oc¡8tñ WFÆ PrÐþl -¿oc lûtonip,tl| spa Iribunal says ¡nqrlry uuould deh1,Eñ ree¡qo -Eec¡¡f .n8eql. $ertt I¡ncAr ãEÐ!t' 8E t¡Ðr . elBJo€ 1 qreJê utuutr .+rad ¡l -pofui Pltro¡t88q€i! e¡$.or oe tud s,tgqitteN ' roq!!I e h (M -ñfi *Y-*q,tt Ë.--r'*'noneyÍr atæale..n ^ffimmurrÆ tlEua C o r r e s p o n d e n c e d a t e d M a y 1 , 2 0 1 0 f r o m C i t y o f K a w a r t h a L a k e s r e g a r d i n g " t h e p o l l u t e r s h o u l d p a y " . P a g e 3 6 o f 3 2 5 ûtçLAIVD USE COUNCIL "advocating social, economic and envíronmental balunce ín government legíslatíon alfectíng lønd" 16190 Highways 7 & 12, Sunderland, Ontario, LOC 1H0 - Phone: 705-357-3054 / Fax: 5f9-705-357-3963 MEMO TO: Ontario Municipalities FROM: Land Use Council DATE: Il/lay 28,2010 PAGES: Two (2)BE: Committee on Status of Species at Risk in Ontario (COSSARO) The Land Use Council (LUC) is a consortium of Ontario coalitions launched in 2009 with a mandate to examine and publish the consequences of govemment land use policies affecting municþalities and private citizens. In that context, while supporting wildlife protection in princþle, the Council opposes the process by which Ontario's Species at Risk Act (SARA) was drafted, legislated, implemented and piggy-backed onto a number of equally insidious land use statutes. Further, we believe empowering an appointed Committee to expand by secret vote the official list of allegedly endangered species clearly demeans claimed government respect for regulatory transparency and accountability. An overview: COSSARO, yet another sub-agency of the Ministry of Natural Resources (MNR), is meeting June 1- 3,2010 to vote on adding wildlife species and a designated habitat for each to the list of species (184 and counting) akeady under enforced SARA protection. That secret conference is based on the following three documents, each of which includes one or more elements that violate long established principles of natural justice: Form for Submittine Information: A species sighting report accepted from any source, qualified or otherwise, presumably to filter and record material for inclusion on the Natural Heritage Information Centre (NHIC) database without prior knowledge or consent of affected municþalities and/or private landowners. Installed at Peterborough in 1996, NHIC operates on a template supplied by The Nature Conservancy (TNC) and is administered by MNR in partnership with TNC and other Environmental Non-Government Organrzations (ENGOs). A 1996 MNR news release confirmed a $600,000.00 grant for TNC "to find ways by which the Ontario govemment might acquire more land for public parks". List of Species to Be Assessed: A catalogu e of 25 new wildlife species and their habitat recommended for protection under SARA by various individuals and organzations, amateur or professional, that COSSARO proposes to secretly evaluate early in June without any prior notice to affected municipalities, private landowners or nafural resource users and, further, without any right of appeal or compensation. Observer Form: A written application for attendance at the June secret conference to be filed for COSSARO chairperson approval 7 days prior to the event by any member of the public who, with prescribed qualifications, wishes to observe the proceedings and/or has an additional species protection suggestion to offer there. An approved application binds a named attendee to a single appearance during one COSSARO meeting, no-speak participation, absolute confidentiality and in-camera Committee sessions where dictated. In short, the incumbent Ontario goveflrment has empowered a select ll-member Committee to decide in secret when and where pre-selected wildlife species and their habitat(s) are to be protected. These decisions ultimately impact use, mortgage worth, market value and municipal tax potential of privately owned land. As authorized in the Species at Risk Act (itself written in secret by 5 ENGOs outside established legislative parameters), these decisions automatically become provincial law with draconian enforcement penalties never detailed in the soaring rhetoric that distinguishes SARA official publications. Quotations from a concerned citizenregarding SARA and COSSARO are provided on Page 2 of this Bulletin Correspondence dated May 28, 2010 from Land Use Council regarding "Committee on Status of Species at Risk in Ontario". Page 37 of 325 Page2 Some disturbing provisions in SARA legislation and, by projection, in the COSSARO franchise are: 1 . Denying citizen right of appeal in general arrd citizen right of compensation for proven losses arising from govemment legislation in particular violates cornmon law and natural justice. 2. Branding vast tracts of private land as wildlife habitat while threatening million dollar fines and concurrent penitentiary terms for alleged owner crimes of commission or omission is extortion by stafute. 3. Obligating landowners to recognize and protect an ever-changing spectrum of COSSARO-selected wildlife as a no-charge public service and without definition of what constitutes "protection" is outrageous. Observøtíons condensedfrom prívate conespondence of an Ontario lsndowner wìth a Cabínet Miníster ønd vsrious MPPs híghlíght thìs pervøsíve bøckground of bureøucratíc over-kíll and smolderíng taxpøyer resentment thereby índuced: "I'm very worried that I may be charged with 'þossessing" an endangered species that is (a) not yet listed (b) listed but unidentifiable by me (c) not listed but "found" on my farm by an ESA agent who can't tell the diflerence between, say, awalnut seedling and a buttemut seedling". "species migrate throughout the year from one region to another. I have no control over wildlife that resides on my farm yet the ESA would punish me for the actions of listed species. How am I to identify 184listed species, as well as new species you add to the list, when most of them are unknown to me? "Any discovery of a listed species on my land will immediately trigger government reaction (Paragraph 28) to deny me any further use of the land while continuing to demand property taxes. The word of an "agent" is sufEcient to send me to jail and bankrupt my family even if I maintain that the subject species is not among the listed. The punishments are draconian. Murderers are assessed less punishment". Contemptfor the common law right to own and enjoy prìvate properly ís nowhere more evídent than in the text ønd toxícíty of the SARA legislatíon ønd íts secretive COSSARO brotherhood. In that regørd, uníted munícípøl councíl opposítíon to arbítrary implementøtíon, downloøded costs and shrínkíng properly taxes attributed to SARA should be expressed to Premíer McGuinly, MNR Míníster feffrey and the Assocíatìon of Munícípalítìes of Ontarío. Meanwhíle, Iandowners must seek, ønd clearly deserve, some relìef from the regulatory chokehold thís pøtenþ unfair, vøgue ønd draconían støtute ímposes on their ¿ss¿fs. Accordíngly, to restríct unauthorízed collectíon of specíes information on private proper"ly all løndowners, partícularly rurøl ones, mìght be well ødvísed to post "no trespassíng" sígns (ø solid red círcle paínted on fence posts or other surfoces) øround theír property ønd routínely deny permítted access to government agents and/or cøsual wíIdIíþ observers. Moreover, they themselves should refraínfrom reporting any unusual plant, anímal or bìrd sightíngs on their property to anyone. Finally, exßting access agreements wìth øssociatíons whose members øre condítionally allowed to use prívate landfor leìsure tíme øctívìtíes should be re-sígned wíth a codícil that prohíbìts reportíng of specíes sìghtíngs on vísíted land to ønyone. Food ChoÍn I Hqllon RegÍon FederqÍion of AgrÍcullure / Ontarìo Lqndowners Associqfion Ontqrìo Property ond Environmentorl Rigtrfs AllÍonce I Peel Disl¡Íct Federqlion oî AgrÍcullure E -Møi I : landusecouncil@ gmail. com ú/'eb Page : www.landusecouncil@gmail.com Correspondence dated May 28, 2010 from Land Use Council regarding "Committee on Status of Species at Risk in Ontario". Page 38 of 325 å ELGIN ^-L.r' -r. BUSINESS RESOURCE CENTRE¡!l 74 -. i A Community Futures Development Corporation June 3, 20 I 0 Dear Friends of Elgin Business Resource Centre (EBRC): Please welcome the June edition of The Elgin Advantoge. As always, The Elgin Advontoge newsletter strives to promote the success and opportunities for local businesses and the communities in which we work and live. Thank you for suppofting our mission by helping distribute copies. This month, we are very pleased to tell you about the Ontario Government providing $800,000 for a new St. Thomas Business lncubator that will be coming to our area shortly. The Business lncubator, in partnership with the St. Thomas Economic Development Corporation, will be administered through the EBRC and will help encourage the growch and success of local area small businesses. ln this edition of The Elgin Advantoge, we are very proud to inform you that we now have two new members on the EBRC Board of Directors. We are also pleased to tell you about the results of the Elgin-St. Thomas Business Expo, as well as put the spotlight on another extraordinary local business Success Story. Kara Taylor of A Fine Design successfully completed the Ontario Government's Self' Employment Benefit (SEB) program to open her own freelance decorating business and has successfully put her fine designs in a number of area model homes. All of us at the EBRC have strong feelings about the environment and we work to promote a green philosophy. Should you choose not to distribute the newsletter, we ask that you please let us know so that we may direct the newsletters to a more appropriate location. Alternatively, if you find that you are sent too many or too few newsletters, we want to hear about that as well. Please contact me with any questions, concerns, or stories you want to share or contribute to The Eþin Advontage.l appreciate any feedback regarding the newsletter and look forward to hearing from you. Regards, Krista Morris Newsletter Editor Elgin Business Resource Centre kmorris@elgincfdc.ca 519 633-7597 ext23 lt-l F..HEæmDûdooírdrt A¡úæfúd.f¿bórdew¡oDûrnútlYl AoræybrSo¡t¡rnOntdro dóñmlqËporrbSdd.l'Orllæ C-anad Elgin Advantage newsletter dated June 2010 from the Elgin Business Resource Centre. Page 39 of 325 f uNE 20 r0 The BUSI N ESS I NCU BATOR AN NOU NCEM ENT FOR ST.THOMAS & ELGIN COUNTY On May 7,2010 Joe Preston, MP for Elgin-Middlesex- London, made an announcement that the government would provide $800,000 to create a Business lncubator for service, light manufacturing, and retail clients. The project will be funded through the Community Adjustment Fund,which is a two-year, $ l-billion national program aimed at addressing the short-term economic needs of communities hit by the economic recession.The announcement came after months of negotiations between the St.Thomas EDC, the Elgin Business Resource Centre (EBRC), and the Government of Canada. The St.Thomas Business lncubator will be a mixed- use incubator, which will incorporate a number of clients from a variety of sectors. Business incubators help new small businesses gain better footholds when start¡ng out by offering support such as a structured environment and essential resources like administrative assistance, meeting facilities, offìce space, and business counselling.All services are designed to encourage business development, sustainabilit¡ as well as create additional jobs. Despite thousands of job losses and closed businesses in the area, the entrepreneurial spirit and ambitions of many St.Thomas and Elgin County residents remain quite high. Over the past two years, hundreds of individuals have sought the help of the EBRC to start ELGIN BUSINESS R.ESOURCE CENTRE up new business- es. Between 2008 and 2009, 102 small businesses were offìcially created in Elgin County. With the new StThomas Business lncubato6 the EBRC will be able to help even more small businesses, ensur- ing they get the proper start to launching and maintaining their business goals. "We're very excited to partner with the St.Thomas EDC in helping new businesses develop and stay in the City of St.Thomas and Elgin County," said Gayle Bogart, President of the EBRC.The services of the St.Thomas Business lncubator will be delivered and managed by the staff at the EBRC.To date, a site location for the incubator has not been announced. Success Story: KaraTaylor of A Fine Design Buy Local, Buy Fresh Recipe Meet the Staff At St.Thomas City Hall welcoming the announcement, L to R:John Regan, EBRC General Manager; Bob Wheeler, St.Thomas EDC General Manager; and Joe Preston, MP for Elgin-Middlesex-London. 3 4 4 - --I-- --..rl tr\2.r A Community Futu¡es Development Corporation www.elgincfdc.ca Elgin Advantage newsletter dated June 2010 from the Elgin Business Resource Centre. Page 40 of 325 ',.ELGIN.ST.THOMAS$|NESS ExPo succEss! annual Business Expo was a huge suc- waited patiently for the doors to oPen line up that crossed the front of the building and zig NE\M MEMBERS ToINTHE EBRC BOARD OF DIRECTORS The EBRC and its Board of Directors welcomed two new board members at ourAnnual General Meeting held March 30, 20 I 0. Steve Walsh and Eric Loewen accepted tfrã poritions of Director andYouth Director resPectively' was iust one of 53 business offtheir goods and services at zagged through the parking lot' Over 675 PeoPle dropped bY to learn more about local area busi- nesses and see what theY had to offer. A total of 53 businesses were Present at the Expo with many offering a draw for a door prize to luckY attendees. Con- gratulations to all winners' While aftendance was free, dona- tions were ac- cepted on behalf of the United Steve Walsh has a 34-Year law enforcement background with the OPP in various Postings across Ontario' His last Position was as Detachment Commander for Wellington CountY, which has one of the largest OPP contracts in the Province' During his Post' Mr.Walsh liaised with several levels of Sovernment, Plus ran a sheep and cattle farm, and served as a Director with the Wellington Federation of Agriculture. Youth Director, Eric Loewen' demonstrated his entrePreneur- ial spirit last Year as a Summer CompanY Partic¡Pant running his own business, Loewen Painting' Over the summer' Eric made his business a success and he continued to run it throughout the year when he went back to school. ln addition to serving on the EBRC Board of Directors' Mr. Loewen also volunteers as an Ambassador for Elgin with Elgin Cultural Tourism and Transitions Town. displayed a varietY of baked nples of the comPanY! caPabili' SteveWalsh, Director on the EBRC's Board of Directors' Eric Loewen,Youth Director o the EBRC's Board of Director wants to give the board a You- ful view. Expo,the HST Seminar was also well 55 registered ParticiPants' RKINGWEDNESDAYS MEETINGS: Presenti ng You rself Profes sio nal l¡ Toastmaste rs GUST - No meetings/summer holidays Networking WednesdaYs Elgin Advantage newsletter dated June 2010 from the Elgin Business Resource Centre. Page 41 of 325 SUCCESS STORIES: DESIGNED FOR SUCCESS - KARATAYLOR After five years with Hayhoe Homes, the housing market fell on hard times and KaraTaylor's staff job as an interior decorator was over. Not one to sit idle for long, Kara decided that the faraway dream of starting her own company doing what she loved most was closer than ever before. She had always mulled over the idea of being her own boss and now it was the right time to make it happen. ln March 2009, Kara registered her business,A Fine Design, with the hopes of taking on freelance interior decorating and design consultant work in St.Thomas and Elgin area. By June, Kara visited Employment Services Elgin and was directed to the Self-Employ- ment Benefit Program administered by the EBRC. With a little investigating, Kara decided the program had a lot to offer at just the right time in starting her business. "The program was a lot of work and sometimes diffìcult to balance with trying to get new freelance work at the same time, but it showed me a lot about organization and I got it done," Kara said. Karat years with Hayhoe Homes helped build a solid reputation for her work, as well as a great rapport with local suppliers.Though Kara was released from her job and Hayhoe couldn't afford to keep her on staff, the builder still needed her services. New home buyers turn to the assistance of a design consultant for help in choosing the right colours and layouts in every area of the home - from kitchens to exteriors to light fixtures and much more. While in the SEB program, Kara's EBRC counsellor was Pattie Steip."Pattie helped with income tax and making CPP contributions... she showed me how to be organized in accounting, but the most valuable information I received was about my business plan.lt was a real eye opener and good reference for defining my target market and competition," Kara added. Once she defined her competition, Kara realized that most other interior decorators had on-staff jobs with builders or retailers, just like Kara used to. She recog- nized that in her new position she was more flexible to take different jobs and work with multiple builders, particularly those smaller builders with limited or no Since openingA Fine Desígn, Kara has hít the pave- ment, networking, and íntroducing herself to o*rer new home builders and supplíers.ln one short year Kara has acquired a number of new home builders in One of A Fine Design's latest completed interior decorating talents.View more webs ite: www.afi nedesi gn.ca design staff available. Kara fact that other small new be looking for her service. Hayhoe as her fìrst big help with eveq/th¡ng to do o¡ home as well as the outside. ' KaraTaylo6 5r9-ót the area, as well as some privatg': To raise her company's visibilit¡ a website at talents. She also has joined rators' Association), which design consultants across Ca with prospective clients. St.Thomas and area,A Fine. New Home Selections assistance for new home buyers). New Home . Home Staging Ihe SEB (Self-Employment BenefÌt) Proggr¡ Iraining Colleges and Universities. ' Elgin Advantage newsletter dated June 2010 from the Elgin Business Resource Centre. Page 42 of 325 STRAWBERRY SWIRL I C graham wafer crumbs I tbsp brown sugar I C boiling water l/2 C milk 2 C strawberries, cut up Directions: Mix graham wafer crumbs, butter, and brown sutar together. Press fìrmly into 8-inch square pan. Let cool. Stir strawberry gelatin into boiling water, chill until partially set. Combine marshmallows and milk in saucepan. Heat slowly until marshmallows are melted. Cool, stirring occasionally. lf using whipped topping, make according to package directions. Fold in whipped cream or toppint. Add berries to gelatin and swirl in marsh- mallow mixture. Pour over graham crust and chill. Makes 9 servings. Theresa St. Pìerre, Clachan Women's lnstitute. Flavours of Elgin IPM 20 l0 cookbook. Cookbook available at the EBRC. l/4 C melted butter I pkg.strawberry gelatin (85 g) I 12lb. marshmallows I C cream, whipped (or I envelope whipped topping) Ronda Stewart, Admínistrative Assistant at the SBEC can be reached at rstewart@elgincfdc.ca or 5 I 9-633-7597 extension 30. MEETTHE STAFF: ADM I N ISTRATM ASSISTANT, RON DA STEWART Ronda is one of the newest staff members at the EBRC. She works part- time in the Small Business Entreprise Centre (SBEC) Sreet¡ng many of the new business entrepreneurs walking into the EBRC/SBEC."Mostly people come in with an idea of what they want to do, but really want to know how we can help them; what resources do we have.They generally want to know how to get started," Ronda says. Ronda directs traffìc at the SBEC, showing clients the printed anil elec- tronic resources available to them for free and setting up follow-up appo¡ntments. She also provides general intake information and informs clients how to proceed next."lt's very rewarding to see clients I helped on the¡r intitial visit come back a second and third time as they work with counsellors to get their businesses off the ground. lt's exciting to watch them succeed," she adds. Ronda is a former SEB participant and works part- time at her own business as a personal assisønt for a few area companies. BUSINESS RESOURCE CENTRE E L A Community Furures Development Corporatìon lf you would like to see a story covered in the Elgin Advantage, please let us know by forwarding your information to: 300 South Edgeware Rd StThomas, ON NsP 4L I (5 l 9) ó33-7597 or dwebster@elgincfdc.ca www.elgincfdc.ca Limited ad space is available. Please call for rates. The SEB (Self-Employment Benefìt) Program is funded through the Ministry of Training Colleges and Universities.The Elgin Advantage is brought to you by the Elgin Business Resource Centre in cooperation with: l*I HTl,?,ffi1L,**,,0," pou. le Surl cle l'Qniæ - --r..I- --, lll t-L ELGIN Can The EBRC is a proud sponsor of the Elgin-St.Thomas 20 I 0 lnternational Plowing Match: Elgin Advantage newsletter dated June 2010 from the Elgin Business Resource Centre. Page 43 of 325 Page 44 of 325 'J l l 1 5 Alø LONG POINT REGION CONSERVATION AUTHORITY Statement of Financial Position December 31, 2009, with comparative figures for 2008 I Financial Assets Cash (note 4) lnvestments (note 5) Accounts receivable Accrued interest Other receivables $ 86,678 1,058,040 77,627 31,888 21,033 (Restated - see note 3) $ 209,458 1 ,158,040 83,855 72,531 21,386 1 I Financial Liabilities Accounts payable and accrued liabilities Deferred revenue (note 7) 1,275,266 55,273 192,067 1,545,270 165,480 307,399 247,340 472,879 :1 :1 :1 Net financial assets Non-Financ¡al Assets Tangible capital assets (note 6) 1,027,926 1,072,391 5,792,403 5,206,236 Net assets $ 6,820,329 $ 6,278,627 l I Accumulated Surplus Accumulated surplus - internally restricted (note 8) Accumulated surplus - externally restricted (note 9) Accumulated surplus - tangible capital assets $ 860,116 167,810 5,792í03 $ 905,775 166,616 5,206,236 Total accumulated surplus $ 6,820,329 $ 6,278,627 See accompanying notes to financial statements. l J I I I I J Long Point Region Conservation Authority Financial Statement and Annual Report for year ending December 31, 2009. Page 45 of 325 LONG POINT REGION CONSERVATION AUTHORITY Statement of Operations Year ended December 31, 2009, with comparative figures for 2008 Actual 2008 Actual 2009 Budget 2009 1 1 1 1 1 1 Revenue: Municipal levies: General Special Government grants: Provinclal transfer Corporate/fixed services Community relations Watershed management services Conservation land management - forestry Backus Heritage conservation area Conservation land management - conservation parks Other 844,137 184,000 68,240 90,500 13,239 267,128 414,510 324,909 734,730 249,640 844,137 184,000 68,240 199,332 13,810 199,923 712,204 329,972 737,575 387,892 (Restated - see note 3) 885,391 10,000 68,240 1 66,143 2,000 223,302 351,601 293,710 776,052 217,821 Totalrevenue Expenditures: Corporate/fixed services Community relations Watershed management services Conservation land management - forestry Backus Heritage conservation area Conservation land management - conservation parks Other 3,191,033 785,923 115,224 589,092 364,354 400,972 513,670 368,770 3,677,085 649,087 1 08,1 07 440,434 406,533 447,358 504,627 575,722 2,994,260 801 ,815 97,913 365,600 567,602 426,601 676,618 121,448 Total expenditures 3,138,005 3,131,868 3,057,597 Excess (deficiency) of revenue over expenditures 53,028 g 545,217 $ (63,337) I I I I I I l t I t I l l See accompanying notes to financial statements Long Point Region Conservation Authority Financial Statement and Annual Report for year ending December 31, 2009. Page 46 of 325 1 1 1 ,l ,l l LONG POINT REGION CONSERVATION AUTHORITY Statement of Changes in Net Financial Assets Year ended December 31, 2009, with comparative figures for 2008 Excess (deficiency) of revenue over expenditures Acquisition of tangible capital assets Amortization of tangible capital assets g 545,217 (686,313) 96,631 $ (63,337) (223,002) 90,690 Change in net financial assets Net financial assets, beginning of year (44,465) 1,O72,391 (195,64e) 1,268,040 Net financial assets, end of year $ 1,027,926 $ 1,072,391 See accompanying notes to financial statements.T ï t I T T T t 1 t t t l Long Point Region Conservation Authority Financial Statement and Annual Report for year ending December 31, 2009. Page 47 of 325 LONG POINT REGION CONSERVATION AUTHORITY Statement of Cash Flows Year ended December 31, 2009, with comparative figures for 2008 2008 Gash provided by (used in): Operating activities: Excess (deficíency) of revenue over expenditures Item not involving cash: Amortization of tangible capital assets Changes in non-cash operatíng working capital: Accounts receivable Accounts payable and accrued liabilities Deferred revenue Accrued interest lnvesting activities: Acquisition of tangible capital assets Purchase of investments Proceeds on maturities of investments s 545,217 $ 96,631 6,228 ('t10,207) (115,332) 40,643 (63,337) 90,690 130,976 110,275 60,626 (30,029) Other receivables 353 (21,386) 463,533 277,815 (686,313) (223,002)(e00,000) (e60,000) I ,000,000 1 ,100,000 1 :r 1 1 ï 1 t t t I t t t T t T (586,313)(83,002) lncrease (decrease) in cash Cash, beginning of year ('t22,780)194,813 14,645209,458 See accompanying notes to financial statements. t t .l Long Point Region Conservation Authority Financial Statement and Annual Report for year ending December 31, 2009. Page 48 of 325 Long Point Region Conservation Authority Financial Statement and Annual Report for year ending December 31, 2009. Page 49 of 325 The Long Point Region Conservation Authority certainly did a lot in 2009 to move the yardsticks forward. Probably the most exciting development which started nearly two years ago and came to fruition this past fall was the Board's unanimous decision to acquire the former administration offices of the Ontario Flue-Cured Tobacco Growers' Marketing Board in Tillsonburg - as the new administrat¡ve office for the Long Point Region Conservation Authority. The 16,000 square foot building is ready made for our needs, provides LPRCA with a high profile location, enhances the conservation authority's ability to service its stakeholders - and best of all will be financed without the need for levy dollars from our municipal partners. I would like to thank staff, as well as, Vice- chair Ron Sackider and Land Acquisition Chair Larry Chanda who worked with myself on the Building Committee to make this all-important initiative happen not only in a timely, but also cost-effective manner. I would also like to thank the Board of the Ontario Flue-Cured Tobacco Growers' Marketing Board. The Tobacco Board, will as part of the purchase, lease part of the new administratíon office from LPRCA - allowing bolh organizations to continue 1o efiectively service the agricultural community. As part of LPBCA's ever-continuing efforts to enhance services for its watershed constituents, Long Point Region Conservation Authority is entering into a feasibility study with the Kettle Creek Conservation Authority to investigate potential efüciencies between the two organizations. The two conservation authoríties, along with Catfish Creek and Grand River CAs have effectively been working together the last number of years in regards to Source Water Protection - and the success of this partnership sparked Where did the year go? Truly one of the nice things about working for the Long Point Region Conservation Authority is that there is never a shortage of work, and as such, time flies by. 2009 marked a number of major accomplishments - none probably more important to lhe organization at this time than the acquisition of LPRCA's new administration office. The reaction from staff has been oven¡vhelmingly positive and we look forward to continuing to serve all our watershed constituents from the former Ontario Flue-Cured Ïobacco Growers' Marketing Board office in Tillsonburg. The new facility certainly provides the space and profile to assist LPRCA in enhancing services for its stakeholders. A number of new staff joined LPRCA in 2009 and are already províng themselves valuable assets in serving watershed residents when it comes to their source water protection, forestry habitat enhancement and planning needs. An important part of making sure those services are delivered in an effective and efficient manner was put into place last fall when Senior Management along with LPRCA Board members met for a one-day strategic session. From that will come a review of a number of conservation authority departmenls in order to identify any possible improvements to LPRCA's exisling service delivery. interest within the conservation authorities to see if taking the partnership to the next step makes sense. ln the fall of 2009, the Board along with senior staff held a daylong strategy session to review the services being provided by the LPRCA and how these seruices enable LPRCAIo deliver upon its mandate. From this very successful session an initiative has been developed that will see subcommittees consisting of staff and board members that will examine three core business areas for LPRCA. These are: watershed services, parks and forestry. These subcommittees will thoroughly examine these service areas and bring back a report later in 2010 with recommendations that eventually will be incorporated in a new LPRCA strategy lo be released in early 2011. On top of these major initiatives, LPRCA successfully held the 2oth Annual War of 1812 Re-enactment event at Backus Heritage Conservation Area' highlighted its on-going partnership with Camp Trillium through the 2nd Annuá Festival of Trees and passed an annual budget respective of the current economic climate. I again wish to thank my fellow board members, staff and municipal partners for their continued support and look fonruard to another great year. The Long Point Region Conservation Authority acquired two significant properties in 2009 - approximately 29 acres abutting the eastern edge of the Backus Heritage Conservation Area and 23.6 acres on the headwaters of Young's Creek southeast of Delhi. On behalf of the Long Point Region Conservation Authority I would like to thank Fritz and Helga Becker' as well as, Peter and Leasa Janssen for considering LPRCA in these acquisilions' Both properties are ecologically significant and provide oppodunities for the conservation authority to reduce local erosion while enhancing water quality' It looks as if 2O1O will continue to be a busy time for LPRCA's Land Acquisition Committee, which is currently looking al a number of other potential land donations throughor-rt the watershed. I would like to recognize the financial assistance from the Greenlands Challenge, a partnership funded by the ontario Ministry of Natural Resources and jointly administered with the Nature Conservancy of Canada; the Backus Woods Enhancement Campaign Committee; and the Long Point Foundation for bringing these initiatives to fruition. 2010, much like 2009, promises to be a year filled with challenges and excitement and I look fonruard to each one as it comes. My thanks lo the Board and staff for their continued support, and I wish all the best in 2010. Buck Sloat Chairman Cliff Evanitski General Manager / Secretary-Treasurer Long Point Region Conservation Authority Financial Statement and Annual Report for year ending December 31, 2009. Page 50 of 325 Flood Forecasting and Warning Services Flooding is a natural process. While the Conservation Authority has done much to reduce the risk to life and property, some flooding in developed areas is still inevitable. The Authority, therefore, operates a flood forecasting and warning system to provide municipalities and residents with accurate advanced warning of possible high water levels and flood events. LPRCA is responsible for monitoring stream gauges, weather stations and snow conditions and to forecast potential floods within our watershed. LPRCA has access to wealher information at the local level which allows for timely alerts to be issued in advance to potential floods. When necessary LPRCA will disseminate flood messages to local municipalities, other agencies and the media. r lssued 9 messages including 5 High Water Bulletins to advise the public of high water conditions due to snow melt and heavy rainfall along water courses and the Lake Erie shoreline; 2 Flood Advisories and 2 Flood Warnings for local waterways o Assisted with removal of ice jams at Port Bun¡rlell with funding assistance from Ontario Ministry of Natural Resources (MNR) o Finalized a flood prediction model for Vienna to improve the speed and accuracy of flood forecasting and warning capabilities o Assisted the Municipality of Bayham to complete a comprehensive study of the Big Otter Creek water levels to assist the municipality with the management and early preparedness for foods in the Village of Vienna o Marked flood stage elevations on both upstream and downstream sides of the piers on North and Edison bridges in Vienna to assist LPRCA and the Municipality of Bayham in recognizing potential flood conditions and implementing emergency response programs . Removed core samples from stop logs at Teeterv¡lle CA dam to check for deterioration Planrring and Regulatory Services ln order to maintain the vitality of our watersheds and also protect people's lives and property from natural hazards such as flooding and erosion, LPRCA works with landor¡¡ners to ensure that development will not creale risks to public safety, and that the natural features of the watershed are protected. The Authority regulates areas in and around wetlands, watercourses, Lake Erie and steep slopes. Recommendations with respect to natural hazards and natural heritage features are made based on provincial policies. LPRCA also provides technical advice to municipalities on subdivision proposals, zoning changes, severances and minor variances, as well as, municipal planning documents, which are approved by municipalities. LPRCA provides information and expertise that helps municipalities and the developers meet provincial policy requirements while ensuring the protection of habitat and other environmental features wilhin the watershed. o Provided watershed-wide technical assistance to municipalities regarding land use planning and development services o CommenÌed on 42 municipally circulated planning applications . Responded to over .125 property inquiries . Processeci 140 applications under the Conservation Ar-rthorities Act Section 28 regulation relating to "Development, lnterference with Wetlands and Alterations to Shorelines and Watercourses" e Screened proposals which could affect fish habitat in accordance with LPRCA's Level ll Agreement with the Department of Fisheries and Oceans (DFO). Met with 20 landowners and provided 16 letters of advice recommending measures to avoid negative impacts on fìsh habitat www.lprca.on.ca Long Point Region Conservation Authority Financial Statement and Annual Report for year ending December 31, 2009. Page 51 of 325 Environmental monitoring provides ongoing information on both surface and groundwater quality and quantity, and other environmental indicators within the watershed. LPRCA monitors, evaluates and reports on our watershed's existing conditions which allow us to ofier important environmental services and programs to municipalities and the watershed community. Staff also focused efforts on provincial priorities in terms of source water protection measures for the Lake Erie Source Protection Region. 2OO9 Sampling Highlights: o Monitored high flows on Big Otter Creek near Calton in partnership with the Grand River Conservation Authority; 62 samples were collected during five high flow events and 19 baseflow samples collected as part of the Big Otter Spring Freshet Sampling Project . lnspected lamprey barriers on behalf of the Department of Fisheries and Oceans . Monitored groundwater levels and quality at 1 2 monitoring wells as part of the Provincial Groundwater Monitoring Network . Surface water quality was sampled and analyzed at 10 locations for several different parameters in partnership with MOE . Completed eighth consecutive year of collecting surface water qual¡ty data under the Provincial Water QualiÇ Monitoring Program o Established five new benthic sampling sites in watersheds where historic water quality data is incomplete o Sampled benthic invertebrates at 15 stream sites. These are insects that live in the bottom of streams, and are excellent indicators of water quality . Drafted and submitted a repod to MNR addressing issues and requirements to be considered when recommending a Level lll low water advisory in the Big Otter Creek Watershed o Continued to monitor precipitation and stream flows throughout the year in order lo make comparisons with historic levels in support of the Ontario Low Water Response Program o 2009 was a relatively good year for water levels with no low water advisories issued o Secured funding to undertake phase two of the Provincial Groundwater Low Water Response lndicators Pilot Project o Collected data at 6 groundwater monitoring sites in support of the low water response pilot project to help determine whelher groundwater fluctualions can be used to indicate low water conditions o Assisted with the source protection planning process as a partner in the Lake Erie Source Protection Region ¡ Commented on Long Point Region/Kettle Creek/Catfish Creek Tier 2 Water Budget and Stress Assessment Report . Monitored stream flow, precipitation and weather patterns as tools to update watershed condilions . lnitiated work to develop Tier 3 water budget for the Long Point Region watershed . lnitiated a process to develop Watershed Report Cards which will be released in 2010 ¡ Collected 11 nutrient management samples from Trout Creek including water samples and flow rates .þ"-â.- Long Point Region Conservation Authority Financial Statement and Annual Report for year ending December 31, 2009. Page 52 of 325 By working with landowners, public interest groups and watershed municipalities, the LPRCA offers a variety of services and programs aimed at encouraging and demonstrating good land stewardship principles. Conservation services activities allow for a hands-on approach to help maintain and restore natural spaces, improve water quality and promote stewardship practices within the watershed. o Provided technical expertise and fìnancial incentives to watershed landowners for erosion control and tree planting projects on private lands . Acted as the designated local resource agency to provide technical advice to farmers interested in undertaking environmental projects through the Greencover Canada Program . Assisted the Township of South West Oxford and Norfolk County with the delivery of their municipal Roadside Tree Planting programs . Just under 154,000 seedlings and tall stock trees were distributed and planted throughout the watershed to increase local forest cover . Together with our partners, Ontario Power Generation (OPG) and the Long Point World Biosphere Reserve Foundation, assisted 15 landowners to reforest just over 1 60 acres through the OPG/Forest Corridor project . Constructed a cold storage facility with funding assistance from OPG and Trees Ontario Foundation ¡ Fire is needed to maintain tall grass prairie sites by preventing trees and other non-prairie plants from gaining a foothold. LPRCA staff assisted the Alternative Land Use Services Program (ALUS) and Norfolk County fÌre deparlment to successfully burn a 1S-acre prairie site north of Simcoe . Padnered with ALUS to plant over 200 acres of native tall grass prairie o The Clean Water Project provided technical and fìnancial assistance to rural landowners in Oxford County to improve water quality. Two septic system upgrade projects and decommissioning a well were approved w¡th grants totalling $7500 . $31 ,950 in funding was provided to 4 landowners through the Ontario Drinking Water Stewardship Program for activities that protect municipal drinking water sources. Eligible projects supported in Notfolk and Oxford counties include upgrading existing water wells, connecting to a municipal drinking water service line and upgrading septic systems . Received $3O,OOO from the federally funded Habitat Stewardship Program and $18,OOO from MNR's Species at Risk fund to create and enhance wetland habitat for species at risk within the Lower Big Creek watershed . Essex-Erie Aquatic Species at Risk Recovery Strategy was implemented focusing on restoring or enhancing habitat for rare fish in priority areas of the Big Otter and Big Creek watersheds. This work was undertaken in partnership with several jurisdictions in the Lake Erie watershed and private landowners with funding support from MNR and Environment Canada Lands Acquired as of December 2OO9 ïhe Authority owns a network of some 11,900 acres of natural open space throughout the watershed. Much of this land is dedicated to the protection of significant features such as wetlands and forests and five active conservation areas which provide opportunities for outdoor recreation and nature appreciation. ln 2009, LPRCA added just over 58 acres (23.5 ha) to its landholdings, including: . 29 acres along Dedrick Creek adjacent to Backus Heritage Conservation Area . 23.6 acres of provincially significant wetlands in the Young's Creek watershed . A 16,000 square foot building with more than 5 acres of property was purchased in Tillsonburg as LPRCA's new ma¡n ofiìce location. lt is anticipated the move will occur early in 2010 MUNICIPALITY ACRES ACQUIRED ACRES DURING 2OO9 TO DATE Municipality of Bayham 75.00 County of Brant 1501 .50 Haldimand County 0 177.O0 Township of Malahide 0 0.00 Norfolk County 52.6 8996.60 Township of Norwich 750.00 Township of SW Oxford 381.00 Town of Tillsonburg 5.5 22.50 Total 58.1 11,903.60 Long Point Region Conservation Authority Financial Statement and Annual Report for year ending December 31, 2009. Page 53 of 325 Protecting existing forests and increasing forest cover is an important aspect of sustaining the watershed's health and biodiversity. The LPRCA's forest holdings total approximately 9,400 acres of which 20% (1 ,933 acres) are designated as Natural Heritage Woodlands. Authority forests continue to be managed under the direction of the 1999 Forest Management Plan, prepared for a twenty-year period, to ensure a sustainable supply of forest products; erosion control; wildlife habitat; recreation and natural heritage values. o Timber contracts were awarded to selectively harvest 4 stands ¡ Awarded 3 fuelwood cut contracls . Completed roadside fuelwood sale at Abigail Becker CA and salvage operation at Deer Creek CA due to wind storm damage . Harvesting inspeclions were carried out on various stands within the watershed . Tree marking was completed on 6 properties . Cooperated with MNR to host silvicuhural prescription course o Provided assistance to Community Forest Manager's Annual Meeting . Partnered with Norfolk County to complete gypsy moth survey in selected tracts . Assisted research efforts in Backus Woods to update 1985 vegetation inventory by locating and GPS'ing 509 of the original 535 survey stakes and establishing vegetation plots for point-quarter sampling Long Point Region Conservation Authority is perhaps best known for its five large, multi-use conservation areas - Backus Heritage (Port Rowan), Deer Creek (Langton), Haldimand (Selkirk), Norfolk (Port Ryerse) and Waterford North (Waterford). These properties provide venues for healthy and active lifestyles such as hiking, fishing, canoeing, swimming, camping and other recreational activities to residents and tourists alike. 2OOg Highlights: . Welcomed more than 290,800 visitors at five conseruation areas . LPRCA staff spent a great deal of time cleaning up fallen trees and debris and repairing damage at Deer Creek CA following a storm event in August o Celebrated the 40th anniversary of Deer Creek CA o Continued to draw crowd at Deer Creek CA children's fishing derby . Partnered with Port Dover Yacht Club to offer sailing lessons at Norfolk CA ¡ More than 4,200 students participated in conservation and heritage education classes offered al Backus Herilage CA . A private donation provided the opportunity to construct a gazebo at Backus Heritage Conservation Area . Completed work to repair flume on the 1798 Backhouse Mìll National Historic Site . Upgraded campsite services at Backus and Deer Creek . The War of 1812 Re-enactment at Backus was designated as a Crown Forces event and more than 550 re-enactors were hosted on site during lhe 2Oth anniversary presentation of this popular special event . Received some 5900 hours of volunteer service at Backus Heritage CA . Participated in Trails Open as part of a province-wide initiative between Conservation Ontario and the Ontario Heritage Trust with a fall colour hike in Backus Woods . Awarded the Leighton & Betty Brown Conservation Scholarship to three graduating high school students 6 LPRCA 2009 Annual RePod Long Point Region Conservation Authority Financial Statement and Annual Report for year ending December 31, 2009. Page 54 of 325 Working together for a healthy watershed: LPRCA has a Board of Directors to guide the agency's conservation efforts. ln 2009 there were 10 directors who were elected councillors or citizen appointees from the municipalities of the watershed. The Board provides direction on LPRCA's watershed management programs through suppoñ of its strategic plan. The directors also help advance the mission of the organization, as well as, oversee LPRCA'S programs and servrces. 'Li: Chair, Councillor Buck Sloat Haldimand County Vice Chair, Councillor Ron Sackrider Town of Tillsonburg & ïownship of South West Oxford Councillor Leroy Barlett Haldimand County Peler Black Norfolk County Larry Chanda Norfolk County Paul Ens Municipality of Bayham & Township of Malahide Councillor Roger Geysens Norfolk County Councillor John Hunt Norfolk County Councillor Sam Lamb Town of Tillsonburg & Township of South West Oxford Councillor Pat Lee County of Brant & Township of Norurich Larry Chanda, Pat Lee, John Hunt, Leroy Bartlett Missing: Paul Ens, Sam Lamb Coffi*r Standing left to right: Ron Sackrider, Buck Sloat, Peter Black, Roger Geysens, r. iìi,r¡',..ç.. <rI f'tl,Ilt ,LtlJ,7 '11 J ,5 t5 i) Ræws $44,465 (17.) lrlittr¡t'L ,5.:ifì Ftrst Revenuæ $7 12,204 11gqol UStr Fæs $1 ,168,861 (32%) Capital Acqu¡s¡tions $686,313 (19%) Municipal Lryy - Capital $184,000 (5%) ProvircialTrffifer Græts $æ,240 (27.) Othr Grants $1 61 ,736 (4%) (Fedsal./Prov¡ncial) Corporate Seruices $634,508 (17%) Community Relations $1 08,1 07 (37.) Backus Hdtaæ CA 9422,094 111V") Conseruation Ltrd i\ilmagement (orhs) $545,593 (1 5%) Conseruation Lild Mtragement (Conseruatitr Parks) $496,499 (13%) Cmswat¡on Land Mæagement (Forstry) s406,533 (1 1 d,") Watdshed Mæagmtrl $421,S03 (1 1 %) other Funds $537.907 {1 4%) Long Point Region Conservation Authority Financial Statement and Annual Report for year ending December 31, 2009. Page 55 of 325 4 Elm Street, Tillsonburg, ON N4G 0C4 Phone: (519) 842-4242 . fol Free: '1 -BBB-231 -5408 Fax: (519)842-7123 Email : conservation@lprca. on.ca Long Point Region Conservation Authority Financial Statement and Annual Report for year ending December 31, 2009. Page 56 of 325 f-') Alt LONG POINT REGION CONSERVATION AUTHORITY BOARD OF DIRECTORS - MINUTES May 5, 2010 (as approved at the Board of Directors meeting held June 2,20101 Members in attendance: L. Bartlett, P. Black, L. Chanda, P. Ens, R. Geysens, J. Hunt, S. Lamb, P. Lee, R. Sackrider and B. Sloat. Staff in attendance: C. Evanitski, J. Robertson, D. Holmes, J. Maxwell and D. Mclachlan. Regrets: none The LPRCA Chair called the meeting to order at 7:00 pm Wednesday, May 5th, 2010 in the Tillsonburg Ad ministration Office Board room. ADDITIONAL AGENDA ITEMS New Business - Backus Education Program Model Decision DISCLOSURES OF INTEREST None DEPUTATIONS a) Ron Yantho, Chair, Backus Advisory Board re: Fundraising Request R. Yantho began by stating that this year is the 10h anniversary of the BAB. In those 10 years the BAB has raised $20 000 matched by LPRCA to improve and upgrade washrooms, showers and campsites. The BAB is looking forward to having new signage for the front of BHCA and camp areas for the 2010 year. At the BAB meeting of March 24th,2010 Motion BAB-5 was passed stating that the BAB will fund raise for preservation of the present heritage assets at Backus and further that the BAB ask the CA to match the money raised according to a list of priority projects established by the Park Supervisor; total amount to be matched is $5000. Priority projects include a new roof for the homestead, new shingles for the garage next to the homestead and new washrooms for Campground A. MOTION A-71 moved by J. Hunt, seconded by S. Lamb and carried that the LPRCA Board of Directors accepts the deputation from Ron Yantho, Chair, Backus Advisory Board re: Fundraising request; And that the request for LPRCA to match BAB's $5000 fundraising target be considered during the 2011 budget process. FULL AUTHORITY COMMITTEE MEMBERS Leroy Bartlett, Peter Black, Larry Chanda, 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 May 5, 2010. Page 57 of 325 MINUTES OF PREVIOUS MEETINGS MOTION A-72 moved by J. Hunt, seconded by S. Lamb and carried that the minutes of the LPRCA Board of Directors regular meeting held April 7h,2O1O be adopted as circulated. REVIEW OF COMMITTEE MINUTES MOTION A-73 moved by J. Hunt, seconded by R. Geysens and carried that the minutes from the Lee Brown Maish Management Committee meetings of December 17th, 2009, February 1Oth, 2010 and March 8th, 2010 and the Backus I visory Board meeting of March 2Ah,2O1O be received for information. Questions were fielded by D. Holmes to clarify the LBM land rental tender. Action ltem: D. Holmes to contact the Marsh Manager to discuss the possibility of switching the hydraulic Dredge to vegetable oil. CORRESPONDENCE None. DEVELOPM ENT APPLICATIONS a) NEW APPLICAT¡ONS An updated report was distributed. The Planning Department requested approval for a total of twenty-one applications under Section 28 regulations. Staff is to provide an update to L. Bartlett regarding HC-08/10. MOTION A-74 moved by R. Geysens, seconded by P. Ens and carried that the Board of Directors of the LPRCA approves the following Development Applications: A. For Work under Section 28 Regulations, Development, Interference with Wetlands & Alterations to Shorelines and Watercourses Regulations (R.R.O. 1990 Reg. 178106), NC-26/10 TIL-6/10 NC-30/10 NC-32/10HC-7110 NC-27/10 HC-10/10 NC-33/10 HC-8/10 NC-28/10 NC-31/10 NC-34/10 HC-9/10 NC-29/10 TIL-7110 NC-35/10 NC-36/10 NC-37/10 NC-38/10 NC-39/10 NC-40/10 B. That the designated officers of LPRCA be authorized to complete the approval process for these Development Applications, as far as it relates to LPRCA's FULL AUTHORITY COMMITTEE MEMBERS Leroy Bartlett, Peter Black, Larry Chanda, Paul Ens, Roger Geysens, John Hunt, Sam Lamb, Pat Lee, Ron Sackrider, Harry Sloat -2- Long Point Region Conservation Authority Board of Directors minutes of meeting held May 5, 2010. Page 58 of 325 mandate and related Regulations. NEW BUSINESS a) CALENDAR REVIEW J. Robertson highlighted the May 26th Career Fair noting that approximately 600 kids are scheduled to attend. The Conservation and Heritage Education statistics are the newest addition to the monthly Calendar Report. MOTION A-75 moved by L. Chanda, seconded by L. Bartlett and carried that the LPRCA Board of Directors receives the May Calendar Review Report for information. b) GRAND OPEN|NG, LPRCA ADMINISTRATIVE OFFICE, JULY 23RD,2O1O J. Robertson reviewed the estimated expenses for the Grand Opening event. The Board discussed the possibility of having the entire event staged in the boardroom and requested that a cost analysis be produced for next meeting. The CAF funding has not yet been announced but results are expected soon. The invitations will be sent next week. Action ltem: J. Robertson to submit a cost analysis for holding the event entirely indoors compared to the current cost analysis for and indoor/outdoor event. MOTION A-76 moved by P. Ens, seconded by L. Chanda and carried that the LPRCA Board of Directors receives the Administration Building Grand Opening Report as information; And that the Board authorize staff to allocate up to $17 000 for the event with funding to come from the Community Adjustment Fund and/or reserves. c) lsr QUARTER BUDGET PERFoRMANGE J. Maxwell reviewed the budget report and noted that operations are on target. There are currently not many capital expenditures except for two pick-up trucks. All initial installments of municipalfunding have arrived. MPAC has recently opened a file to review the assessment for the Administration Building at the request of LPRCA staff. Approximately half of the seasonal c€¡mpers have paid in April to avoid the HST. MOTION A-77 moved by L. Bartlett, seconded by L. Chanda and carried that the LPRCA Board of Directors receives the Budget Performance Report for information. d) BACKUS EDUCATTON PROGRAM MODEL DECISION 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 May 5, 2010. Page 59 of 325 C. Evanitski has drafted a letter, for the Education Coalition thanking them for their contribution, to be sent shortly. e) OTHER The Chair reported that the Parks subcommittee toured some of the parks and found it to be enlightening. He noted the possibility of funding for upgrades to provide further revenue opportunities. There is a large wish-list that needs prioritizing by the Parks Subcommittee in the near future. MOTION A-78 moved by S. Lamb, seconded by J. Hunt and carried that the LPRCA Board of Directors does now enter into an "ln Camera" session to discuss: ! the security of the property of the Conservation Authority; MOTION A-80 moved by S. Lamb, seconded by J. Hunt and carríed that the LPRCA Board of Directors does now adjourn from the "ln Camera' session. The Chairman adjourned the meeting at 10:05pm. Buck Sloat Chairman Dana Mclachlan Administrative Assistant FULL AUTHORITY COMMITTEE MEMBERS Leroy Bartlett, Peter Black, Larry Chanda, Paul Ens, Roger Geysens, John Hunt, Sam Lamb, Pat Lee, Ron Sackrider, Harry Sloat -4- Long Point Region Conservation Authority Board of Directors minutes of meeting held May 5, 2010. Page 60 of 325 I BAYHAM HISTORICAL SOCIETY ( O C MUNICIPALITY OF BAYHAM P.O. BOX 160, STRAFFORDVILLE, ON. NOJ IYO May 13,2010. PRESENT: , Sandy Sage, Cheryl Peters, Bob Graham, Etoile Mc Cann, Shirley Brackenbury, Ray & Marion Maddox, Robert Heil, Corky & Barb Ouellette, Harris Teall, Paul Weeks, Marion'Weeks, Donna Baldwin, MaryNewland, Ruth Shipp Bingman Maule, Elsie Acre, Millie Wolfe, Ross Andrews, Alex Collins. President Ray Maddox called the meeting to order at7:30 PM, welcoming members and quests. A motion to accept the minutes of , April 8, 2010 was made by Sandy Sage, 2"u.By Corky Ouellette. Motion carried. GUEST SPEAKER : Robert Heil introduced Ruth Shipp Bingman Maule the granddaughter of Sam Shipp the owner of Shipp's Casino in Port Burwell. Ruth's grandfather Sam built the casino and all kinds of rock and shell structures and had many animals and birds in cages for folks to see. Mr. Shipp had a covered wagon and went between St. Thomas & London about 1910, he owned a the St. Thomas Fish & Poultry store, Ruth showed us a picture of it and a picture of the Port Burwell beach when it was used for parking and the giant water slide that was later moved into the water. In about 1940 Sam built a stone lighthouse that was popular with tourists and on a Sunday night kids could buy a hot dog which would be a frozen wiener on a steamed bun. The Casino had a dance hall, kitchen & restaurant but no alcohol or gambling, one could dance for .10 cents on a great dance floor with a wonderfully decorated ceiling. Mrs. Shipp rented wool bathing suits for .10, .15, or .25 cents, she would wash them and hang them on the roof of the casino to dry. Langs Store in Richmond had a band that played the casino as well as Joyce Mann a radio singer and Bennie Palmer got his start at Port Burwell's Shipp's Casino. Jimmy Ryan came from Detroit and brought Betty and Rosemary Clooney to the Casino. Ruth's mother Rosetta (West) Shipp sold tickets and even though she was very tiny she was the bouncer if boys started fighting she would dump ice on them and that would cool their tempers. Women of ill repute came in and Ruth's mother insisted they leave and they did. Rosetta lost 3 brothers in the war. Sam Shipp had a beard for all of his adult life and was quite a character his pet monkey Minnie was very jealous and if Sam would put his aÍns around a child the monkey would bite him or her. Sam never shaved, drank or smoked his whole life. When Sam got sick he was taken to the farm and his monkey got sick as well and he was taken to Sam he crawled under the covers and died shorty after Sam. Ruth's sister married the famous Kelly Cookson and she showed us pictures of service men some of which she danced with. Bayham Historical Society minutes of meeting held May 13, 2010. File: C06 Page 61 of 325 Bill Bugler bought the casino in 1952 and eventually the casino and one cottage burned on Halloween. Many members went to the casino and some remembered that Mitch Hepbum had the first flush toilet. Sam Shipp also heþed plant the willow trees in Waterworks Park including the V/edding Tree. Cheryl Peters thanked Ruth and told her what a great history she had given us all and how much we all appreciated it.( Ruth had already been presented with a copy of Bayham Memories & Milestones.) Ruth offered us a donation of a laminated page from the St. Thomas Times Journal of men and one woman from Richmond who served in the war, an Assessment Notice from the Township of Bayham 1929 and a write up about Benj. Brian who was the clerk of the Township of Bayham since March 2,1906. A motion to accept this donation was made by Corþ Ouellette, 2"u.By Bob Graham. Motion carried. PRESIDENTS REPORT PRESENTATION Jan Collins representing The "Vienna Citizen's Group" spoke to us of their effort to save the old Town Hall in Vienna built in 1852. They would like to apply to the Sands Plains Development Fund but need to be non-profit. She asked if the Bayham Historical Society would under write them, there would be no money payed by us and the VCG would do all the paper work. Ray told her that he would meet with Kyle Kruger to see if we are able to heþ byunderwriting the Fund. MUSEUMS BAYHAM AND BUILDING REPORT- Ray reported that Ron Bradfield asked if the old Songbirds Bar & Tavem could be used as a museum for Vienna's Edison Museum. SECRETARY'S REPORT: Cheryl Peters Cheryl reported that she will make up a lunch list for our meetings starting in September so members can sign up at the next meeting. Cheryl presented a sponsor letter for the Edison Fest committee asking for $250.00 to support the festival, all proceeds go to the new Edison Building Fund. Cheryl left the room while the vote was held. A motion to sponsor the Edison Fest for $250.00 was made by Robert Heil, 2"d. By Corky Ouellette motion carried. Bayham Historical Society minutes of meeting held May 13, 2010. File: C06 Page 62 of 325 TREASURERS REPORT: Robert Heil reported as follows. March 31,2010--- -------$ 3318.25 Lottery Account--- ------$ 128.84 Petty Cash ---$ 1.09 Share Account --s 70.00 Motion to accept the treasurers report was made by Robert Heil, 2nd. By Sandy Sage- Motion carried. Robert noted that we had forgotten to add the $28.00 tax to the insurance payment of $350.00 and it has been payed now. Robert also donated a Tiffany style lamp for the Fall Tea. PROGRAM DIRECTOR: ALL MEMBERS - Our meeting in June will be held at the Edison Museum in Vienna. All members please bring a salad desert or other item of food for a pot luck supper. Paper plates , cutlery and cups will be provided as well as coffee and tea. Please bring $2.00 each our fee for the use of the museum. ADVERTISING DIRECTOR: Donna Baldwin -Aylmer paper carried our article. SOCIAL DIRECTOR: Mary Newland reported that we will have a potluck picnic and members will supply the food. MYSTERY OBJECT Harris Teall brought a single wire fence stretcher. Millie V/olfe and Barb Ouellette guessed first.. NEXT MEETING: The next meeting will be on June 10, 2010 at the Edison Museum in Vienna. Please feel free to bring a friend. CLOSE MEETING: A motion to close the meeting was made by Corky Ouellette, 2"o.By Bob Graham -Motion carried. Date President Secretary Bayham Historical Society minutes of meeting held May 13, 2010. File: C06 Page 63 of 325 Page 64 of 325 5 Coó MUSEUMS BAYHAM Minutes of May 13, 2010 Meeting Edison Museum, Vienna, Ontario Present: Chair-Bev Hickey, Vice Chair- Chuck Buchanan, Secretary-Mayor Lynn Acre, Brian Masschaele, Ray Maddox, Ron Bradfield, Jean'Woon. Regrets: Cheryl Peters, Mat Schafer 1. CALL TO ORDER: Chairman called the meeting to order at 7:00 pm 2. DECLARATION OF PECUNIARY INTEREST: None 3. AGENDA: It was moved by J.'Woon and seconded by B.Masschaele that the agenda be approved as printed. Motion Carried. 4. MINUTES: It was moved by L.Acre and seconded by C.Buchanan that the 5. CORRESPONDENCE: None 6. REPORTS: A) Marine Museum Report: 6.4.1) RearrangingLargeArtefacts: B. Hickey, C.Buchanan and some Bayham P.W. staffmoved some large artefacts inside the museum to make better use of the available space. 6.A.2) Mahlon Burwell Exhibiû Mike Baker from County Museum will assist in the planning of this season's exhibit. 6.4.3) Fence Repairs: It was moved by J.Woon and seconded by B.Masschaele that we accept the quote of $915.90 from Ed Mathews to replace wooden posts and repair Marine Museum fence as soon as possible. Motion Carried. 6.A.4) Lighthouse Painting: It was moved by J.Woon and seconded by lifetime warranty to be included. Motion Carried. 6.4.5) Tourism Information signage at Lighthouse: Elgin County will provide a tourism student to work in the lighthouse this summer. A new "Tourism Information" sign is needed bearing the new County of Elgin logo and branding. B.Masschaele reported that the County would provide this signage. Museums Bayham minutes of meeting held May 13, 2010. File: C06 Page 65 of 325 Museums Bayham May 13,2010 2 6.8. Edison Museum Report: 6.8.1) Exterior Trim Painting: It was moved b)¡ J.Woon and seconded b)¡ C.Buchanan that we accept the quote from Paul McCord for $2200.00 to paint the exterior trim. including shutters. on the Edison Museum. Motion Carried. 6.8.2) Restoration of Lap Desk: J.'Woon reported that, under the direction from Mary Gladwin, she has successfully taken the lap desk apart and assessed the damage. She will fillin all of the cracks, holes and splits in the wood with a mixture of glue and walnut dust. Then after carefully cleaning the artefact, she will attempt repairs to the fabric with M.Gladwin's assistance. . 6.8.3) Repairs to Bathroom Floor and Outside Soffit \ilork: Contractor will commence with work on Monday l|l4'ay 17,2010. 6.8.4) Painting & Wallpapering: C.Davis has begun the work and is doing a great job. Thanks to B.Hickey and J.Woon who moved furniture away from the walls and covered it with plastic. 6.C. New Edison Building Committee: Chairman J.'Woon met with committee mernbers on May 4 and 5 to discuss fundraising plans for 2010. 7. MATTERS OUT OF THE MINUTES: a) Cataloguing Handbook: B.Masschaele used his laptop computer to show members our on-line databank collection. Anyone can access the databank by going to elgincounty.ca, then clicking on the link "Community & Cultural Services", followed by the "Museums" link. Museums Bayham has a lot of artefacts already added to the collection however the next step is to add digital images of each item. Students just need to follow the directions as found in the manual to add any new additions to the databank. b) New Members: Anna Schafer is still planning to attend the June meeting. c) Summer Students: Interviews were held llday 72. Most applicants were former employees wishing to be rehired. The recommended successful applicants are Mary Alice Hansen, Katie Daniel, Bethany Sharp, Jannelle Dykshom and Alana Dykshorn to be employed from May 17 till Sept. 6 under the federal Young Canada Works program. Also Julie Ann Cerna of Vienna and Kaitlyn Arnold from Delhi were the successful applicants to be employed from late June to Sept under the federal Canada Summer Jobs program. Museums Bayham minutes of meeting held May 13, 2010. File: C06 Page 66 of 325 Museums Bayham May 13,2010 3 8. NEW BUISNESS a)Canadian Business Publication: This listing of 3,000 direct and indirect financial subsidies is available for yearly subscription price of $129.95. Since this publication is also available at the library, it was decided not to purchase it. b) Alternate Edison Museum facitity: R.Bradfreld distributed copies of a report he had written containing information about the current Songbird Café building. A discussion was introduced regarding the purchase of the Cafe and using it as the new temporary site of the Edison Museum. Members agreed to consider the suggestion and to discuss further at a future meeting. 9. NEXT MEETING: Monday June 14, 2010 at 7:00 pm Municþal office. 10. ADJOURNMENT: Moved by R.Bradfield that the meeting be adjourned at 8:20 pm. Motion Carried. ChaiÍnan Secretary Museums Bayham minutes of meeting held May 13, 2010. File: C06 Page 67 of 325 Page 68 of 325 5 c ô6 MINUTES Bayham Community Centres Committee Committee Room, Bayham Municipal Office 9344 Plank Road, Straffordville ON Thursday Is.Íay 27,2010 7:30 p.m. Present: Councillors Wayne Casier and Ed Ketchabaw, Vienna Lions Club representative rWilliam Gheysen, Straffordville Lions Club representative Roy Stewart, Members at Large Diane Squires and Paul Ens, Bayham Community Centre Manager Jackie Declerq and Secretary Lynda Millard. Absent: Vienna Community Centre Manager Jackie Bootle. 1. Call to Order The Chairman called the meeting to order at 7:35 pm. 2. Disclosure of Pecuniary Interest and the General Nature Thereof None 3. Minutes of the meeting held March 25,2010 Moved by V/m Gheysen Seconded by R Stewart "That the minutes of the meeting held March 25r 2010 be approved as circulated." Carried 4. Business from Minutes The Secretary advised that an update regarding the railing / upgrades at the north-east corner step/loading dock at Vienna CC was not available. The Secretary was requested to look into having the electric heating unit in the VCC men's washroom re-connected and a thermostat installed with a low setting. 5. Reports & Correspondence (a) Managers 2010 updated Rental Reports (i) Vienna - circulated and received (ii) Straffordville - circulated and received (b) 2010 Operating Budgets to May 26110 - received (c) BCC Stage renovations quotes The Secretary advised that Dean Franklin had not responded to the request to provide a quote for vinyl tile and carpet. She noted that Ed Matthews had provided a response that either tile or carpet could be installed at a reduced quote of approximately $800. Bayham Community Centres Draft minutes of meeting held May 27, 2010. Page 69 of 325 (d) Moved by D Squires Seconded by P Ens "That the quote provided by Ed Matthews Carpentry to enlarge the stage at the Bayham (Straffordville) Community Centre to be finished with 28 oz commercial floor covering carpet at an approximate cost of $4'280 be accepted, subject to provision of a certificate of liability insurance and WSIB coyerage." Canied Correspondence from DorothyNeville and Diane DeBlaire, Straffordville Community Committee regarding concems at the Straffordville hall. It was noted that several items had already been addressed, (carpets and chairs shampooed, insects sprayed, lightbulbs replaced, pop cans being recycled) while others can be addressed in due course. A letter ofresponse is to be sent. Email correspondence from Ron Ball regarding Shaffordville heating units. - attached The Secretary was requested to seek a quote from R & R Refrigeration to change the existing thermostat to a manual digital unit with a range of 50 - 80 degrees F. Other Business Projects discussed for the Vienna hall included; o painting of the main hall and entrance, o whether the ceiling tile can be painted with fire retardant paint or must be replaced, o extending the parking lot to the north, level and gravel for future asphalt once established, o elevator. The Chairman and Secretary are to meet at the hall and assess the painting requirements, including the ceiling and quotes to be requested from local contractors. It was suggested that the Straffordville Lions consider installing an insulated cover over the existing air conditioner in the offseason. Concerns from Commiffee Members and/or Managers J DeClercq advised that the wooden posts had been broken offon the east side of the building by the dumpster. Public Works is to be requested replace and also to clean up the weeds and debris around the fenced in heating units. Committee of the Whole Closed Session (a) Minutes of closed session meeting held March 25' 2010 (defened) (e) 6. 7. 8. Bayham Community Centres Draft minutes of meeting held May 27, 2010. Page 70 of 325 Bayham Community Centres Draft minutes of meeting held May 27, 2010. Page 71 of 325 Page 72 of 325 5 i|l4ay 27,2010 Mayor Lynn Acre Municipality of Bayham Box 160 Straffordville NOJ 1Y0 CO[,[,EGE PHVSilCilANS SURGEONS ONlD\RilO Dear Mayor Acre: The Council Award of the College of Physicians and Surgeons of Ontario is presented at Council Meetings to honour outstanding Ontario physicians who have demonstrated excellence and come closest to meeting society's vision of an "ideal physician". The criteria for selecting a physician for the Council Award is based on the eight 'þhysician roles" identified by Educating Future Physicians of Ontario. The eight point selection criteria are outlined in the attached Council Award brochure. The College is seeking to recognize physicians whose performance in these roles is outstanding, recognizing that individual physicians will demonstrate more extensive expertise in some roles than in others. If you work with a physician who has impressed you with her dedication to patients, or his commitment to research, let us know. We want to hear their stories, learn from their experiences, and most importantly, celebrate their achievements with a Council Award. We can only honour four of the many deserving nominees who are identified to us in any one year. This should not deter you from completing a nomination for someone in your community, Past nominees have told us that the nomination itself stands as a significant validation of their time and efforts. Do not underestimate the impact of your nomination on this special physician. 'We receive a variety of nomination packages, some of which are focused around a comprehensive CV, while others consist of personal letters which demonstrate the physician's commitment to the practice of medicine. We understand that given the diverse anay of selection criteria, the nominator may wish to use any number of creative ways to highlight the particular attributes of their nominee. If you know of a physician who meets the selection criteria, you may wish to nominate him/her for the Council Award. The deadline for receipt of nominations is August 13, 2010. ff you need any further information, please do not hesitate to contact Brian Goldig, Physician Advisory Manager, at 416-967 -2600, or l-800-268-7096, ext. 329. Sincerely, O. Jack Mandel MD Chair, Council Award Selection Committee QUALTTY PROFESS/ONAr5 I HEALTHY SYSTEM IPUBLTCTRUST B0 College Street, Toronto, Ontario MSC 282 Tel: (41 6) 967-2600 Toll Free: (800) 268-7096 Fax: (41 6) 961 -3330 Correspondence dated May 27, 2010 received from The College of Physicians and Surgeons of Ontario regarding "The Council Page 73 of 325 The Council Award Correspondence dated May 27, 2010 received from The College of Physicians and Surgeons of Ontario regarding "The Council Page 74 of 325 The Council A I{onouring Outst Ontario ?bysiciø, SnrpcrroN CnrrpRrA ii3i:if:'åii,::':.1i'låï,'å'åïïii:li:i5".',Ë1åffi;1åüÏ?:iX,:1,:ffrlilt 'the physician as Medical Expert/Clinical Decision Maker:The physician is well- informed about the science and technology of medicine and health care. The physician's knowledge and skill is used to collect and interpret data, make appropriate clinical decisions and carry out diagnostic and therapeutic procedures. The physician as Communicator: The physician has effective, humane relationships with patients and colleagues. The physician understands and responds to patients' needs, fears, beliefs and expectations and effectively counsels and educates on health care needs and public health care issues. The physician as Collaborator: The physician works in partnership with other health care professionals and sees the patient and family members as partners in health care decision- making. The physician appropriately uses community and health care resources. The physician as Gatekeeper Resource Manager: The physician recognizes the man¡ determinants of health and th implications of those determinants for the practice r medicine. The physicían participates at a number of organizational levels to addre: issues such as quality of care and quality assurance mechanisms. AssESSING THE CnrrE,RrA The College is seeking to recognize physicians whose performance in most of these roles is outstanding, recognizing that individual physicians will demonstrate more extensive expertise in some roles than in others. CouncilAwards are presented at Council meetings. E rrcrBrr,rTY F o R NotunNATroN Anyone may nominate an eligible physician for the CouncilAward. To be eligible for nomination, a physician must hold an Ontario certificate of registration and be in good standing with the College. Former recipients of the Council Award or the Excellence in Quality Management of Medical Care Award are not eligible for nomination. The completed Nomination Form and required documentation must be submitted by August 13,2010, for consideration by the Council Award Selection Committee. Correspondence dated May 27, 2010 received from The College of Physicians and Surgeons of Ontario regarding "The Council Page 75 of 325 uvard Tb e Council Award h onours outstanding excellence and corne closest to meeting society's Ontario physiciøns wbo baue d.ernonstrated aision of an "ideal phjtsiciøn" ;ician roles" identified by Educating Future Physicians of Ontario in r archetype of the "ideal physician." Those roles are: The physician as Learner: The physician recognizes that the abilities to change and to continue to learn are essential to the practice of good medicine.The physician is a self-directed learner and keeps abreast of current treatments and philosophies. ns The physician as Health Advocate:With an understanding of the many determinants of health, the physician advocates for more effective public health interventions and policies. The physician as Scientist/Scholar: The physician understands the scientific method and applies it to patient encounters, community health issues and to the cr¡tical assessment of literature related to the biological, psychological and sociological basis of illness, The physician may be engaged in scientific research. The physician as Percon & Professional: The physician has developed stratEies for coping with professional demands to provide maximum opportunity for effective relationships with patients and colleagues while at the same time providing excellent medical care. The physician is committed to üe highest standards of excellence in clinical care and ethical conduct. ¡ The nominator should complete the enclosed Nomination Form, providing as much information as possible about the physician nominee. Type or print clearly in the space provided. lf additional space is required, attach additional pages. ¡ The nominator should provide a detailed Nominator's Statement, ln this statement, describe how the physician nominee has demonstrated overall excellence using the eight physician roles. lt is recognized that individual physicians will demonstrate more extensive expertise in some roles than in others. The nominator may include concisely presented pertinent supporting materia ls (letters, reports, testimonialt press clippings, etc.). o The nominator is also responsible for finding a seconder for the nomination. The seconder should provide a Seconder's Statement, their own written testimonial about the nominee and his or her accomplishments, again using the eight physician roles. . The nominator should obtain a copy of the Nominee's Curriculum Vitae, if possible. . The deadline for nominations is 5:00 p.m,, Friday, August 13, 2010. . Members of the Council and staff of the College and members of their immediate families are not eligible for nomination for the CouncilAward. ¡ Mail the completed CouncilAward Nomination Form, Nominator's Statement with any supporting material, Seconder's Statement, and Nominee's Cuniculum Vitae to: The CouncilAward, do Ms. Marianne Carthew, Physician Advisory Service, College of Physicians and Surgeons of Ontario, 80 College Street, Toronto, Ontario, M5G 2E2 Tel: (416) 967-2600 or 1-800-268-7096, extension 254 Fax: (416) 967-2666 Any questions concerning the nomination instructions should be directed to Marianne Carthew and additional Nomination Forms can be obtained by contacting her. Nomination Forms are also available at www.cpso.on.ca. Correspondence dated May 27, 2010 received from The College of Physicians and Surgeons of Ontario regarding "The Council Page 76 of 325 The Courucil v{ward, Nomination Form NOMINEE NnN¡ or NoMTNEE: Aooness: Tru¡pHo¡¡r #: T¡l¡pHo¡¡e #: E-mnlt noon¡ss: D¡re n¡¡o PrAcE oF BIRTH: D¡cRrrs enRrueo (Decnee, ScHoor-, Yren): WORK Fnx #: HOME Srrcrerry rr ll'rt Typr or pmcttc¡: Fecurw lppol¡¡t¡rtENTs, tF ANìc PR¡vrous HoNouRs & lwnRos: NOMINATOR Nnu¡: AooR¡ss: Trlrp¡rorur #: rnx #: E-Nnlt ¡ooRess: SECONDER Nnue: AooRess: T¡lrpHo¡¡e #: rnx #: E-valL ¡ooR¡ss: DeadlÌne íor ltiominations: Auqust 13, 20î A Correspondence dated May 27, 2010 received from The College of Physicians and Surgeons of Ontario regarding "The Council Page 77 of 325 Page 78 of 325 I*l Natural Besources Canada Ressources nalurelles Canada t4o t Ganadian commut'J';.r Red Light Gfeen5 the Border are continuing to.find in Bfitish-GOlUmbiarnnovalrve ways ï0 address the idling reduction challenge. This issue of the Idle-Free Zone profiles many inspiring campaigns from across Canada and highlights a success story of how idÌing is being curbed Down Under. At the Peace Arch border crossing between Surrey, British Columbia, and Blaine, Washington, the long lines of drivers who idle their way to U.S. Customs are becoming a thing of the past. As part ofthe Greening the Border initiative - a collaboration between the B C Government and Washington State - ihe B.C. Ministry of Transportation and Infrastructure and the B.C. Ministry of Environment have installed a new trafflc signal north of the U.S. Cttstoms booth to reduce vehicle iclling at the borcler. ldle Reduction at the Botder: How itWorks I I I I l I t We want to hear from you . . . This is the second ldle-treeZoneshowcasing our new design and approach to reporting on our stories. [hanges were made as a result of your comments and suggestions when we sought your feedback in early 2009. Some ofthese changes relate t0 the materials used to produce the hardcopy version ofour newsletter. To make the ldle-Free Zone more environmentally green, we're now using certiÍed Environmental (hoice paper - a 10090 [anadian product that's made entirely from post-(0nsumer waste, processed without chlorine and produced with energy from decomposing waste-landfill gas.0ur printers are ecoLogo-certified and use biodegradable, vegetable-based inks, Your feedback on these and any other changes to the /d/e -tree Zone are always welcome and can be sent t0 lFZNewsletter@NRCan-RNCan.gc.ca. You can also use this e-mail address to inform us ifyou'd like to receive the ldle-tree Zone electronically rather than in hardcopy and whether you prefer the English or the French ve15t0n. Don't forget that current ¿nd past issues ofthe ldle-Free Zone canalways be viewed at oee.nrcan.gc.cal communities-governmenVtransportation/municipal-communities/newsletten.cfm?attr=28.Continued on page 2 i¡ew slgnal holß ffic while sùglng aßa clears, enablling motûrisß to tun otf engin6 lo save fuel and redüce emiss¡ons arBa clsaß tû üìis po'nt, tE s¡gnal will tm green to release anotìer pulse ol ffific.1ûlal lime lo reach c¡Jstûms booür ¡s unchanged. Can Natural Resources Canada newsletter Spring 2010 Edition. File: M07 Page 79 of 325 sh Activated in November 2008, the signal light turns red during periods of heavy trafflc, allowing motorists behind the signal to stop ancl turn off their engines while the vehicles ahead of the signal make their way through U.S. Customs. When the traf-frc ahead starts to clear, the signal turns green and lets another group of vehicles through. Signs north of the traf-ûc signal remincl drivers to turn off iheir engines while waiting to cross the border Matthew Carroll, Climate Action Facrlitator with the B.C Ministry of Environment, saYS the iclea for this pilot project grew out of an internal comPetition caÌÌecl Green icleas Shine that invited B.C. Government employees to suggest innovative ideas for reducing carbon emissions The trafflc signal pilot marks the ñrst step in the Greening the Border initiative Before the project was initiated, members of B.C.'s Youth Climate Leadership Alliance gathered baseline information about idling behaviour aL the crossing. Through driver surveys, Iclle-Free Ambassaclors identifl ed barriers to turning off idling engines and founcl that "traff,c creeP" was the primarY motivator for not turning the keY In addition to the Ambassadors surveys, says Carroll, vehicle observations and another clriver survey were made before the signal lighL was lrrsl.nllcrl. The results showeci that almost every vehiclc wailirrg l'o t t'oss l'he border was iclling The survey revealecl ¿t c[isr:olttIt'rrl Irt'lween people's perception of themselves as drivcrrs lvllo tltrtt'l irl[e ancl their ac[ual idlìng behaviour. "For exanL¡llrl," ( l¿rt trrll sitys, "some people said they switch off their engines itt l,lrt' litrt'rt¡r, lrttt' were observecl to be idting. Out'of the 60 vehit:lr:s stttvt'yt'tl' ovr:t'half responded that theylet theirvehicle id[e zt'l'o rtritrrtl'trs (trlin) per day. Compare this to the observatiott t,lr¿l' 7il')á rvtrt't' itt fact idling." These resuÌts reinforced the iclea that focr-tsirrg orl lltt' traffic signal flrst made good sense. "Drivet's rlirllr'l lr¡rvc Ihtl opportunity to turn off their engines when h'al'tit' rnvrts ittr:hing along towarcìs the border," explains Carroll. "Wlr¿rt' is gtrra[ iLbottt this initiative is that we've removed that strut;t'ttral lrat'rit't'¿ttcl given drivers the opportunity to not idle." Soci¿LÌ trrirt'kt'littg is still neeclecl, he says, but the idling recluctions lvill btr o¿tsiet' I'tr achieve now that the infrastructure is in place to t)lì(r()tll ¿lg(' this greener behaviour. The benef,ts witl be substantial. Average vehicle idling tintt: al' the Peace Arch borcler crossing is expected to decrease by 20 minutes, saving nearly 0 S litres (L) of fuel per vehicle on each trip ancì eliminating 639 000 kilograms (kg) of greenhouse gas (GHG) emissions per year. And all while having no impact on the total time it takes to reach the customs booth. With nearly 3 million vehicles a year passing through this crossing alone, it's easy to see how this pilot project, if implemented at other crossings, coulcl have a huge impact on the number of idling vehicles across the entire border For more information about the initiative and the traff,c signal pilot proi ect, visit wwwth.gov'bc.calgreening- the border or contact Matthew Carroll at604-432-6451' or matthew.carroll@gov.bc.ca. r Natural Resources Canada newsletter Spring 2010 Edition. File: M07 Page 80 of 325 Spring 2010 Edition Quebec Boosts ldling Reduction w¡th lnnovative ¡ Funding Program Municipalities across Quebec are tnrning climate change goals inio action with help from ihe province's Turn Your Engine Off program, r,vhich since December 2007 has been giving municipalities funding to sttpport the adoption of regulaiions against unnecessary vehicle idling Wlth the transportation sector accounting for more GHG emissions than any other sector in the province, Quebec has committed to undertaking the iclling recìuctlon program as one of severaì transportation actions ln its Climate Change Action Plan The Plan aims to reduce GHG emissions in the province by 10 million tonnes (t) $ per resident Number of residents first'100 000 residents1.00 second 1 00 000 residents0.70 third 100 000 residents0.40 any additional residents0.10 fewer than 2500 residents2,500.00 maximum Through the Turn Your Engine Off program, the province helps municipalities adopt by-laws to limri idling to variotts f,xed levels: no more than 3 minutes in any 60 minute periocl at all times for gas-por,r'eled vehicles, and, for Ìarge diesel powered vehicles, no more than 5 mim.ttes in the sttmmer, and up to 10 minutes in the winter Funcling is offered to municipalities that have an iclling reduction by-law in place or have committecl to presentlng a clrafi byìaw to iheir council íor approval. To receive funclrng, municipalities must demonstrate a sound flnancial strllctLrre ancl have a plan to produce and install permanent iclling reduction signs The funcling,flnances r-rp to 70% of the costs for public alvareness campaigns and permanent signs, with the amount calculated accorcling to the number of residents in a municipality (see table), Maximum funding available With a fleet of 4 2 rnillion light-duty vehicles on the roacls, interest in ad.opting ldlíng reduction regulations is grorvirrg across Qnebec Betlveen 2007 ancl 2009,23 mrtnicipalities representing 40% of the province's popuÌation aclopted art iclling reductìon by-larv, tnarty of them rvith funding suppot 1 fr om the Tnm Your Englne Off program (see iable) With a budget of $4 million and an end date of March 31, 2012, t,he program is expectecì to recluce GHG emissions by 210 kt by2012 | Sontc ql lltt: rlot:utnt)nts, noDtes (uLd, gt'ollt¿cs slt.otu¡t lt,ot'ta tÌ.oL be(1t ¡trotl rtr'rtl ù1¡ l ltr: Cot'eritriten.t of C)ct ¡tudu cutrl tre nrtl nt'oiLab[e i n boLh olf.ciul lttrtgtttges Quebec MunicipalitiesTurn Off Their Engines The following municipalities illustrate the range of population bases that have adopted an idling reduction by-law and awareness campaign and installed permanent s¡gns: Another tlimate thange Action Plan initiative aimed at lowering GHG emissions in the transportation sector ¡s the Municipality (limate Program. This recently launched program offers financial suppoft to municipalities to prepare inventories of 6HG emissions and plans for combating climate change. Together, the Turn Your Engine Off and fulunicipality [limate Programs are expected to result in a total potential reduction and avoidance ofGHGs in the amount of 460 kt. With these and other initiatives under Quebec's tlimate (hange Action Plan, the province remains a leader in the fight agalnst dimate change. For additional information on Quebec's programs t0 reduce GHG emissions, cont¿ct the Ministry of Sustainable Development, Envir0nment and Parks at 418-521-3830 or l-800-561-1616 or visit the Ministry's Web site at www.mddep.gouv.qc.ca. Québga.o..o Natural Resources Canada newsletter Spring 2010 Edition. File: M07 Page 81 of 325 that My Sustainable Canada and the Ontario Snow Resorts Association (OSRA) are spreading to ski resorts across Ontario. This past year, the two organizations collaborated, with the assistance of Natural Resources canada, on a pilot project to reduce idling at three ski resorts. The resulting Engine Idling Reduction Program (EIRP) offers ski resorts the opportunity to reduce clin'Late- altering GHG emissions, improve air quaiity, save fuel and reduce noise by undertaking initiatives to reduce iclling among staff and visitors. Tania Del Matto, Director of My Sustainable Canada, says that the initiative grew out of a desire by OSRA membet's to improve their environmental performance. Idling, especially by school buses ancl motor coaches, was identifred as an issue of concern. Baseline data at each ofthe three piiot resorts were collected by University ofWaterloo students, who observed idling in parkìng lots and clrop-off/pick-up areâs. During the obse¡vation period in January 2009, over 6000 personai vehicles, 255 school buses and motor coaches and almost 150 freight vehicles were monitorecl. The obselvations showecl that . 48o/o to 64% of personal vehicle drivers parked in drop-off/pick-up zones idled. Where ticket booths were nearby, some clrivers were observed purchasing tickets while letting their vehicles idle. o 560/o to 89o/o of motor coaches ancl school br-rses parked in clrop-off/pick-up zones idled. Some motor coaches idied for the entire duration of their stay (an average of 4.5 hours) . 420/o l"o 50o/o of freight vehicles parkecl in clrop-off/pick-up zones idled. With these baseline clata, a customizecl action plan for each resort was developed that irrcludecl idle-free zones at siope-side idling hot spots. The tools usecl to encourage iclling reduction at each resort varied (see table). "The tools that were selected lvere often cL'lven by lhe resorts themselves," expÌaìns Det Matto, "or by student observations and recommendations on what tools could influence changes in idling behaviours." For example, she says [hat at one resort, students noticecl that overnight guest parking passes, which hang from Continued on page 5 Blue Mountain Resort Limited Urban ski area operated by Conservation Halton Plan Tools I w.o ,¡t, commun¡cations Staff and guest newsletters "Beldle-FreeandSki"helmetstickerr l"Beldle-FreeandSki'helmetsticker, lon4GlenEdenstafftrucks awarded to drivers for not idling and colouring sheets for children | 0ne-day parking lot Signs Web site communications Electronic newsletter Signs Web site communications B magnetic signs mounted education campa¡gn ldle-free pledge cards lncentive to bus drivers to turn off engine I Clean Air Exhibit and wait indoors (e.9. space to wait in the lnn lounge, discounted food and beverages) Vinyl cling decals in ticket booth windows Modified overnight guest parklng passes t0 read "Thank You for Turning Your Engine Off" Natural Resources Canada newsletter Spring 2010 Edition. File: M07 Page 82 of 325 Continued from page 4 rearviewmirrors, were blank on the back. Seeing an opportunity, the students suggested that a reminder for dúiérs tCúii¡ offtheir engines be added to the back of the pass. Following the pilot, students conducted a post-survey of visiting ch'ivers ancl observed idting times once again. Idling at alt idÌe-free zones except one was reduced. With this one exception, the pilot resulted in a 6 to 49%o reduction in carbon dioxide (COr) emissions at the various pilot sites. Signs, helmet stickers, bus/coach ciriver incentives and communications with skiers were all well received by guests and resort staff alike. Oue of the most interesting outcomes of the pilot was the relationship between icìling and the operation of the pick-up/drop-off areas. "We found that the potentiaÌ for reducing idìing increases if the area is operated in an efflcient manner," Del Matto explains. "In areas where vehicles could not move eff,ciently, idling occutred more often and for longer periocls of time If resorts can focus on improving these areas, not only will it improve the guest experience, it will also have the actded benefit of reducing iclling opportunities." Del Matto has been busy promoting the Engine ldling Reduction Program (EIRP) lo othel ski resorts To date, 14 ski resolts have signed up to implement the EIRP in 2010. Del Mat[o says that My Sustainable Canada ancl [he OSRA hope to eventually exiend the Ontario model to resorts across Canada. "We've already been [alking to ski resort associations in o[her provinces," she says, "and we're looking at how to aclapt the Ontario experience to other settings, such as Quebec and Western Canada." Over the course of the average ski season (70 to 90 clays), nnnecessary vehicÌe iclling in a ski resort's drop-off/pick-up zones can add up to thousands of kilograms of CO, emissions! For more information about the Engine ldling Recluction Program, contact Tania Del Matto at 519-886-3699 or Tania@mysuscan.org, or visit the My SustainabÌe Canada Web site at www.MySustainableCanada.org. I ¡ Atlantic Ganada's First ldling-Control By-Law aa Herel what My Sustainable (anada calculated for one ski resort: . 180 personal vehicles per day = 1714ro Q77 kg of (0, . 5 motor coaches/school buses per day = 805 to 2174 kg of (0, . 3 freightvehicles perday = 328t0 421 kg of C0, lfnone ofthese vehicles idled, one ski resortwould eliminate 2847 to6872kg of[0,from being generated overthe course 0fa ski season! Thatl equivalent to the we¡ght of up to 1 374 pairs of ski boots. What do Al Gore and a town councillor from Kentville, Nova Scotia, have in common? A passion for clean air and a greener future! After seeing a presentation of Gore's An Inconuenient Truth, Councillor Eric Bolland took the fllm's message to heart and began putting it into action in Kentville. Bolland says that the f,lm had a profouncl affect on him, especially as a father. "Everything we do affects the nëxt generation," he says "We need to act now to reduce the impacts of climate change We need to be proactive, not reactive." And proactive he's been. With an enthusiastic Environmental Advisory Committee (EAC) at his side, Bolland launched the town's idling reduction campaign in January 2007 lvith a screening of Gore's fllm. The even[ was a great success, and since then Kentville has clevèloped a campaign that has reached out widely to schools, merchants and residents through radio ads, notices and posters and other media. Bolland says the EAC has received tremendous support from Kentville's mayor and council. ln2007, the [olvn required all its properties and vehicles to go idle-free, and it became the flrst municipality in Nova Scotia to establish a carbon offset policy for air travel by its staff. Most recently, the town council passed an ldling-control by- law - the f,rst of its kind in AtÌantic Canada. Kentville's groundbreaking by-larv prohibits idling for more than three consecutive a Kentv¡,|e, NS minutes. The byJaw allows for flnes, but the tolvn wants to emphasize education, not enforcement rvith flnes, for the first year "ByJaw enforcement offlcers coulcl Continued on page 6 Natural Resources Canada newsletter Spring 2010 Edition. File: M07 Page 83 of 325 Spring 2010 Edition Continued from page 5 hand out tickets," Bolland says, "but for now they are giving violators an 'idling buck' instead, which is a mock dollar bill that reminds peoplg that idling costs them money." The idling control by-law has received widespread public support. A survey in 2008 showed that over 70% of residents supported the by-law and that over 80% were aware of the idling campaign. But getting the by-law implemented was not without its challenges. Initially, some councillors were not in favour of the new regulation, and the original desire to limit idling to 1 minute was challenged successfully. When asked what advice he'd give to other municipalities iooking to implement an idling-control byJaw, Boliand placed the importance ofbuilding consensus at Council to do education flrst and by-law enactment second. "Educating people about idlÍng is the carrot," he explains, "whereas having the legislation is the stick. When people understand the idling issue first, you build support for the bylaw later and give strength to the message." idling control by-law. As well, he says it is important to engage commercial businesses that might be impacted l¡y a by-law and to work with them to address their concerns. Not wanting to limit a good thing to Kentville, Bolland, as chair of the Sustainability and Climate Change Committee of the Nova Scotia Union of Municipalities, is currently working to reduce GHG emissions province-wide. The flrst order of business is to develop a provincial idling reduction program that can be adapted for use by all municipalities. No doubt Al Gore would give an enthusiastic thumbs-up to that! r Bolland also emphasized the importance of surveying public opinion to demonstrate to council that residents support an Frisby 'Altclrratively lLrelled taxis, such as hybricls, ge[ a tlisr:t-runl on these licenses." Slrc s:rys t,hat, lhe im:enlive has resulted in more hybricl [axis a[ l,he ailporb, helping to reduce GFIG emissions The Airport Authority has also clorte ottlt'e¿rclt with taxi companies through mectings and posters in the driver waiting area. Some partner companies are going the extra mile to help the airport reduce idling emissions. Purolator Courier, for example, introduced 30 hybrid electric clelivery vehicles to its curbside delivery fleet. The company aÌso has a strict no-idling ruìe of no more than 20 seconds. Continued on page 7 IDLE-FREE BUCKS What yoú ll tO min- a day IDLE.FREE IDLE.FREE BUCKS Ba¡rk of Thc Childrcr¡'s Clcan A;r Nclwork I Airport ldling Reduction Program Takes Flight Every day, thousands ofvehicles drive to and from major airports like Vancouver's International Airport (YVR). And on-site fleets ofhundreds ofvehicles also deliver emergency services, food, maintenance, transportation and other services. With so manyvehicles in operation every day, Vancouver Airport Authority recognized an opportunity to reduce its contribution to idling in Metro Vancouver. Under the direction of a working group, the Airport Authority in 2007 launched ldle-Free at WR, a campaign to reduce unnecessary vehicle idling at the airport. A2007 inventory found that 286 000 t of CO, were being emitted from Sea Island, where the airport is located. While most of that amount comes from aircraft, the inventory showed tl¡rat 4o/o of emissions were the result of ground trafflc. Idle-Free WR focuses on the emissions from ground trafflc using a com¡riunity-based social marketine (CBSì{) approach. "Right fleet vehicles, our partners'fleet vehicles and visitor vehicles." idle-Free YVR's goal is to educate employees, bus and taxi drivers and the public about idling. The program uses commitment strategies and prompts to encourage changes in idling behaviour. An important aim of the program is to reduce idling frequency and duration for the Airport Authority's vehicle fleet, which includes YVR buses, trucks and emergency vehicles. Frisby says that fleet vehicles have prompts such as key tags and windshield stickers to remind drivers to turn off their engines. The Airport Authority also uses commitment strategies with employees to encourage iclling reduction. As well, the Airport Authority's vehicle renewal program focuses on right-sizing vehicles for the task as well as on the purchase ofhybrid and electric vehicles to recluce idling. At curbside drop-off and pick-up areas, the public is targeted through no-idling signs that prompt drivers to turn offtheir engines. For taxi companies, the Airport Authority has established an incentive to stop idling. 'AlL taxi drivers need a license to pick up passengers at the airport," explains that 14¡e can Natural Resources Canada newsletter Spring 2010 Edition. File: M07 Page 84 of 325 Spring 2010 Edition Continued from page 6 Idle-Free YVR has rttvt-'¿ltrri a li:w important ìessorts altortI ittLplententing fleet idlì.ng programs, savs Þ-risby "lt's realiy important to know your lirrri[s in relation to the operational needs ofyour fleet," she explains. "For example, for safety reasons our witdtife off,cers can't always turn off their vehicles. They may need to move around airslde quickly and keep their beacons running, so sometimes you neecl to consider the unique needs of different vehicles within your fleet." F risby also notes that having an lnternal working group is essential to successfully implementing a program like lclle-Free YVR. Having experts, such as mechanics, explain technical issues to your audience is also key. "Having a mechanic there to back up your claims about idling engines is invaluable," says Frisby Focusing on the health and f,nancial beneflts of not idling, instead of focusing on the environment, can also be more encouraging to some audiences. Although the Airport Authority has not formally evaluated Idle-Free YVR yet, the program appears to be having an impact on idling behaviour. The next steps will be to continue efforts to reduce aircraft idling by equipping more gates with pre-conditioned air units ancl to implement a CARE program - Communication, Awareness, Recognition, Education - that will inciude lunch-ancl- learns ¿rnd other intranet and educaLional efforts. I I Curbing Fleet ldl¡ng Down Under How do you get fleet drivers to change their idling behaviour? ToÌ1 IPEC, an international transport compâny in Perth, Australia, has the ansltrel - engage ='ilrive¡s directty in designing the program, and positive results will follow. Tôll IPEC r Change lnitiative Environment and Cons to test community-based social marketing aç iméthp.{Lg 4chieve measurable reductions in vehicle CO, emissions through volùirtary behaviour change. The trial, conducted in2007/08,involved fleet drÍve¡s from the begtnning by having them identify the behaviour to change and participate in program design. The 44 drivers who volunteered for Phase 1 of the pilot attended workshops where they identifled idling as the focus behaviour. Idling was chosen as it was seen as an action within drivers' control that contributed substantially to vehicle CO, emissions. In Phase 2 of the piIot,42 drivers were assigned to one of four trial groups. Each group was exposed to a different set of tools - such as signs, truck stickers, posters, notice boards, commitments and feedback meetings - to see which woulcl be most effective at bringing about behaviour change. These tools were then developed over the course of the trial and modified as needecl, based on driver feeclback. This by-drivers, for-clrivers approach was vital to the program's success. "One of the most exciting things was the level of enthusiasm drivers hacl for participating in the initiative," says Tina Stockport, CleanRun BCI Project Manager. "Over 5070 of drivers volunteered to participate. Drivers told us that this aspect created a sense of ownership over the program, rather than just following another management manclate." This sense of ownership translated into 90% of drivers reducing unnecessary idling over the course of the program. Drivers exposed to all behaviour-change tools reduced idling by 87%, translating to a savings of 25 000 L of diesel fuel and 65 t of COrPer year for a company like Toil IPEC with 80 drivers. Feedback from drivers showed that their active engagement in the initiative was the key to "seventy-nine per(ent of (leanRun drivers said their involvement has prompted greener habits outside of work, like turning off lights and n0t idling their own cars." - CleanRun B(l Project Managet, Tina Stockport Continued on page 8 Natural Resources Canada newsletter Spring 2010 Edition. File: M07 Page 85 of 325 Spring 2010 Edition Warming up the vehicle means more than urarming the engine. The tires, transmission' wheel bearinqs and other moving parts also neecl to be warmerl up for the vehicle to perfortn well. Most of these parts don't begin to tlarm up unt¡l you drive the vehicle. Continued from Page 7 changing ciriving habits and effecting long-lasting change. "In order to be relevant and effective, strategies to change behaviour must involve input from the people whose behaviour they are going to change," says stockport' The success ofthe program has not gone unnoticed. In 2008, Toll IPEC received the Environment Award from the Australian Fleet Managers Association for the company,s contribution to the environment. Toll IPEC is now implementing the initiative across its national fleet. ,,Maybe because of this award, other companies will take on the program," says Toll IPEC Driver Fernando Lopez' "lt shows that it's not just a passing fad." stockport hopes Lopez is right. cleanRun is now using the knowledge and experience gained in implementing the iclling reduction program to develop an Ecodrive guide that addresses a number of driving behaviours. The intent of the guide is to provide transport- based organizations with the resources needed to implement an in-house behaviour-change program with their drivers "support for the program has been great," says stockport. ,All of our stakeholders can see the environmental, heatth ancl cost benef,ts to be gained from expancling the focus of the program to include a whole range of driving habits'" Even at the trial stage, the expanded program has had an effect on drivers from other companies "switching off is calching on," says To11 IpÐc Driver Trainer Murray Frost. ,,If one turns the engine off, then other drivers see ancl start to trrrn theirs off too " For more information, visit the Phase 2 Evaluation Report: wwwdec.wa.gov.aulcomponent/option,com-docman/task,doc-details/Itemidt/gidt3871/ r WoqueStion]witnn.ì0dernVehicletechffffiåi:i;i#;ffi.lliì\iii, It,s true that automakers have significantly reduced the criteria air contaminant ((A() emissions from new vehicles' ln fact, as a result of automakets' compliance with government regulations and the introduction of cleaner fuel standards, today's vehicles emit about 99% less (AC emissions than vehicles built in the 1970s. But one component in tailpipe emissions is directly impacted by the type and amount offuel your vehicle uses - c0,, the principle GHG linked to climate change. Every litre of gasoline that is burned produces about 2.3 kg of t0,. The bottom line: the more fuel you use, the more (0, you produce. And one easy way to cut fuel consumption is to avoid unnecessary idling' After all' it gets you nowhere. For more information and resources, visit idling.nrcan'9c'ca' Aussi disponible en frança¡s sous le titre: Áction cóntre ta marche au ralenti-Édit¡on pr¡ntemps 2010 lnventory No M27-01-2532E ISSN 1911-172X (Print) ISSN 191 1-.1738 (On-line) @ Her Majesty the Queen in Right of Canada, 2010 The itlJormrûi bU stclkehoL not be c t*^(3 @ 100% Recvcred paper processed chrorine Free Ecologd This newsletter was printed using vegetable-based inks Natural Resources Canadat Office of Energy Efficiency Leøding Canad'ians to Energlt EficienE a.t Hone, at Worþ and on the Road Natural Resources Canada newsletter Spring 2010 Edition. File: M07 Page 86 of 325 o.P.P.FFI sv,. 3 Pll Ontario Provincial Police Police provinciale de I'Ontario News Release/ Communiqué FROM/DE: ELGIN COUNTY OPP DATE: 03 Jun l0 OUTDOOR MARIHUANA GROWS Public Can Assisf Police (Elgin Gounty) Close proximity to larger population centres and an abundance of isolated rural areas has led to a large number of marihuana growing operations in Elgin County. These marihuana growing operations have been indoor, outdoor or sometimes a combination of both. Grey County OPP wants to remind the public, especially those who frequent outdoor areas such as farmers, hikers and outdoorsman that they can support the police by reporting possible marihuana grows and suspicious persons or vehicles. Due to the large area involved police rely on information compiled from the public to help narrow the search for marihuana grows throughout the county as the growing season progresses. Police are not asking for members of the public to intervene in any way since the areas where the marihuana is grown could be booby trapped and those involved míght have a violent reaction to being discovered. The intent is to heighten awareness and ask that suspected sites be reported to police for follow-up. Some tell tale signs are: . Suspicious vehicles, persons and activity noticed in isolated rural areaso Litter or food where it shouldn't beo Trailers or tents in an area where there is no recreational activity going on. Bags of fertilizers. Evidence that brush or trees have been cut, but not for firewood. Tools for cultivation left out. Signs of irrigation (such as tubing or plastic piping) lf you suspect a possible growing operation it would be helpful if you can get a GPS fix or at least a good description of the location so it can be located after the fact. Where suspicious vehicles or persons are observed note descriptions and plate numbers where possible and call it in. Like any crop, adequate water is important, so outdoor grows will often be situated in the vicinity of a creeks, rivers, ponds or other outdoor water sources. Anyone spotting a suspect marihuana grow should contact Elgin County OPP- 519-631-2920, your local police service or Crime Stoppers 1-800-222-8477. -30- Contact: Constable Troy Carlson Elgin Gounty OPP Media Relations/Community Services Phone: 519-631-2920 Ext. 5450 Pager: 1-888-808-7195 Ontario Provincial Police News Release dated June 3 & 8, 2010 regarding "Outdoor Marihuana Grows" and "Distracted Drivers - Page 87 of 325 5 Prr FROM/DE: ELGIN COUNTY OPP DATE: 08 JUN l0 DISTRACTED DRIVERS ... NOT GETTING THE MESSAGE (ELGIN COUNTY) - Elgin County OPP reminds motorists that the time to hang up the phone or to stop "texting" is now. Since February of this year, OPP officers have issued 2,279 Distracted Driving Charges. In Western Region alone, the OPP has issued 387 Distracted Driving Charges to motorists who choose their own agenda over highway safety. "They're not hard to identify on the highway''says Traffic Inspector Mark Wright. "They are the ones all over the road, travelling at irregular speeds" he added. Since enforcement of the new legislation began, Elgin County OPP officers have charged 35 drivers with distracted driving. "Motorists just don't understand how dangerous it really is. Police see the carnage everyday caused by the simple act of sending a text message while driving. Talking on a cell phone, texting or other forms of distracted driving can be just as dangerous as drinking and driving." stated Inspector Wayne Burke, Elgin County OPP Interim Detachment Commander. OPP remind all motorists that since February 2010 it is illegal to drive a motor vehicle while talking on the phone or "texing". Not only is it illegal but doing so increases your chance of being involved in a collision substantially. Motorists caught distracted by electronic communications "tefing" or talking will be fined by police to the tune of $155.00. Police remind motorists that should their driving while "texting" or chatting cause a collision, the more serious consequences of Careless Driving or Dangerous Driving may be warranted. Despite the awareness of the new laws, there still remains a number of motorists who believe they are privileged to chat on the phone or "text" while driving. lf observed, police will enforce and educate in our attempt to make our highways safer for everyone. Ontario Provincial Police News Release dated June 3 & 8, 2010 regarding "Outdoor Marihuana Grows" and "Distracted Drivers - Page 88 of 325 OPP Distracted Driving Charges Laid (HTA78.1) by Region Offence Count as values 2009/Oct 2009/Nov 2009/Dec 2010lJan 2010/Feb 2010/Mar 2010lApr All Offence Dates I . CENTRAL REGTON 0 0 1 0 86 150 105 342 2 - NORTH WEST REGTON 0 0 0 0 20 25 37 82 3 - EASTERN REGTON 0 0 0 0 89 119 92 300 ,f - NORTH EAST REGION 0 I 0 1 43 49 33 127 5.H|GHWAYSAFETYD|VISION I 2 5 13 240 289 204 751 6 - WESTERN REGTON 0 0 0 4 127 't27 129 3877.GENERALHEADQUARTERSOO1O9391131316 All OPP Locat¡ons I 3 7 18 698 850 731 2,308 Gontact: Constable Troy Carlson Elgin County OPP Media Relations/Gommun¡ty Services Phone: 519-631-2920 Ext. 5450 Pager: 1-888-808-7195 Ontario Provincial Police News Release dated June 3 & 8, 2010 regarding "Outdoor Marihuana Grows" and "Distracted Drivers - Page 89 of 325 Page 90 of 325 à AlQ2 M in istry ol M un ici p a I Afla i rc and Housing Provincial Planning Policy B¡anch 777 Bay Street, l4th Floor Toronlo 0N MíG zEl Tel.416 685-6014 Fax 416 585-6870 June 4,2010 Minislère des AlÍaires municipales et du Logement D irection dæ polítiquæ provincialæ d'aménagement 777, ¡ue Bay, ltf étage To¡onlo 0N MíG zEl Tét.416 585-6014 Téléc.416 585-6870 ÐÞontario Dear Clerk: RE: Five Year Review of the Provincial Policy Statement, 2005 The Ministry of Municipal Affairs and Housing, in conjunction with other land use planning ministries, is undertaking a review of the Provincial Policy Statement, 2005 (PPS), as required under the Planning Ad.fhe main goal of the review is to assess the need for revisions to the PPS. The PPS is the integrated, consolidated statement of all ministries' policies concerning land use for Ontario and it provides policy direction on matters of provincial interest related to land use planning and development. Municipal councils, planning boards and any other decision makers including the Ontario Municipal Board must ensure their decisions that affect planning matters are consistent with the PPS. The PPS recognizes the complex inter-relationships among economic, environmental and social factors in planning. lt provides direction on key issues such as: the efficient use and management of land and resources; long-term protection of the natural environment and water resources; the conservation of cultural heritage and archaeological resources; and the protection of public health and safety. Your municipality's input and perspectives on whether changes to the PPS are needed will assist the government in determining if the policies are providing appropriate direction and protecting broader provincial interests. A PPS Review pamphlet containing background information on the land use planning system in Ontario including what the PPS is and how it is used; why the review is necessary; questions asking not only about what policies are working well but also whether some changes are needed; and information on how to provide comments is available online at www.mah.gov.on.calPage7243.aspx. The PPS, 2005 can also be viewed online by visiting www.mah.gov.on.calPage I 485.aspx. Please provide your municipality's feedback on the questions contained in the pamphlet by August 31,2010. Further information about the PPS Review is available online at www.ontario.calPPS. lnformation regarding the review of the PPS is also posted on the Environmental Bill of Rights Environmental Registry at www.ebr.gov.on.ca. l2 Correspondence dated June 4, 2010 from Ministry of Municipal Affairs and Housing regarding "Five Year Review of the Provincial Page 91 of 325 -2- lf you have any questions, please contact Kyle Maclntyre, Manager (A), Provincial Planning Policy Branch at 416-585-6014. Sincerely, Ken Petersen Director (A) Pmvincial Planning Policy Branch Correspondence dated June 4, 2010 from Ministry of Municipal Affairs and Housing regarding "Five Year Review of the Provincial Page 92 of 325 LI CORPORATION OF THE MUNICIPALITY OF BAYHAM STAFF REPORT TO: Mayor & Members of Council FROM: Planning Coordinator/Deputy Clerk SUBJECT: Grewal Severances F,65 - 68109 DATE: June 10,2010 FILE: D10.10 Grewal NUMBER: D2010-16 Purpose To further consider four (4) consent applications to create lots on Sandytown Road in Straffordville. Background In Septemb er 2009 consent applications were received from the Elgin County Land Division Committee submitted by Nariender Grewal proposing to sever fourbuilding lots, each 1505 m2 (0.37 acre), from his 7.25-hectare (17.92 acre) parcel. The subject lands are located in Concession 7 NTR Part Lot 123; west side Sandytown Road, north of Heritage Line in the Village of Straffordville. The subject land is designated "Residential" in the Offrcial Plan and zoned Village Residential - Holding [Rl (h)] in the Zoning By-law No.2456-2003. In October 2009 Council considered the four consent applications and requested the applicant provide a conceptual plan of subdivision for future consideration of the applications. Staff & Planner Comments As required, a "Conceptual Plan of Subdivision" has been provided showing the four lots and the proposed conceptual layout of a storm water management area and an additional43 lots over the entire subject lands. The planner does not object to the proposed consents for the four (4) lots along Sand¡own Road. The planner suggests that any future development should reflect the goals and objectives of the OP to target the higher residential densities. Our Off,rcial Plan policies target a density of 20 uph for the "Residential" designated areas within Straffordville, Vienna and Port Burwell. The conceptual plan for the retained lands development density of 6.5 units per hectare (uph). Further to this, he recommends any future consideration of development on the subject lands be through a secondary planning exercise to formalize the conceptual nature of development. The remaining lands require a formal plan of subdivision. In regards to the proposed four lots, staff recommends our standard conditions for lot creation. Additionally, a Development Agreement with the municipality for the sanitary sewer main extension along Sand¡own Road is required, which will necessitate a Ministry of Environment Certificate of Approval. As well, the property grades suggest that the surface drainage requires a municipal drain or a mutual agreement drain, which has been included as a condition. Staff Report D2010-16 regarding Grewal Severances E65 - 68/09. Page 93 of 325 Staff Report D2010-16 Grewal page2 Attachments 1. Consent Application F;65109 (identical to E66-E68/09), sketch labelled E68/09 showing 4 lots 2. Conceptual Plan of Subdivision and Servicing Layout Q7April20l}) 3. IBI Memo dated June 10, 2010 Strategic Plan Goal(s) Goal # 2 Ensure reliable, well-maintained and secure infrastructure. Goal # 6 Provide and encourage attractive lifestyle choices. RECOMMENDATION "THAT Staff Report D2010-16 be received; AND THAT Council recommend to the Elgin County Land Division Committee that severance applications E65/09,E,66109,E,67109 and 868/09, submitted by Nariender Grewal, be approved subject to: $500 cash-in-lieu of parkland dedication fee for each created lot water quantity testing report meeting the Provincial standards water quality testing report for nitrates and bacteria content meeting the Provincial standards purchase of 911 signage for four lots grading plan Development Agreement for extension of municipal sewers Municipal Drain or Mutual Agreement Drain Road Access and/or \ilater/Sewer Services permits rezoning to remove the "holding" provision copy of the frnal surrey be provided to the municipality 1. t J. 4. 6. 7. 8. 9. 10. Respectfully submitted, lanning Coordinator/Deputy Clerk le Staff Report D2010-16 regarding Grewal Severances E65 - 68/09. Page 94 of 325 R! 1. 2.9LA¡ß SFP Ð 4 2[Tg ffi ';.''-ß Ë /og'I FOR CONSENT ELGIN COUNTY LAND DIVISION COMMITTEE Nariender Grewal 871 Dundas St. Woodstock ONT. N4S 047 519-537-6212 Name of approval Paddington Crt. Burl¡ngton ONT. L7M lW7 Telephone Number 905-330-7554 Name of owner's solicitor or authorized agent Baker & Benedict Surveying lnc. - Ralph Benedict Address Telephone Number Please specify to whom all communications should be sent: Owners ( x ¡Solicitor ( )Agent 1 x ¡ 3 (a) Type and purpose of proposed transaction: (check appropriate space) Transfer:* creation of a new lot Other: addition to a lot easement other purpose (b) Name of person(s), if known, to whom land or interest in land is to be transferred, leased or charged: Unknown (c) lf a lot addition, identify the lands to which the parcel will be added: charge lease correction of title 4 (a)Location of land: Munic¡pality Bayham Concession No.North of Talbot Road Lot(s) No. Pt 123 Registered Plan No. - 11R-8413 Name of street sandVtown Hoad Street No. Are there any easements or restrictive covenants affecting the subject land? Yes ( ) No ( x ) lf Yes, describe the easement or covenant and its effect: (b) Description of land intended to be severed:(Accurate Frontage Existing Use 27.432 Measurements in Metric) 54.86 Area 1 505 Depth Agricultural Proposed Use Hesidential Number and use of buildings and structures (both existing and proposed) on the land to be severed: Proposed one lot 6 Description of land intended to be retained: (Accurate Measurements in Metric) 216.49 70956.1 7Frontage Existing Use Agricultural Depth eoo't g Area Proposed Use Agricultural Number and use of buildings and structures on the land to be retained: none County ot Elgln Engrnesrlng Sorvloos 45O SunsetDñre SLThomas.On NsR5V1 Fhone: 51+ 631-1460 ww,elglrcountf 0n.B PrcElress¡ve by Nature Staff Report D2010-16 regarding Grewal Severances E65 - 68/09. Page 95 of 325 -2- 7. Number of new lots proposed (not including retained lots)1 8. Type of access for proposed and retained lot: (check appropriate space) TYPE Provincial Highway Municipal road, maintained all year Municipal road, seasonally maintained Other public road Right Of Way Water access PROPOSED LOT () (") () () () () RETAINED LOT () (*) () () () () lf proposed access is by water, what boat docking and parking facilities are available on the mainland? (specify) 9. What type of water supply is proposed: (check appropriate space) TYPE Publicly owned and operated piped water system Privately owned and operated individual well Privately owned and operated communal well Lake or other water body Other means (specify) PROPOSED LOT () (") () () RETAINED LOT () N/A( )vacantland () () RETAINED LOT N/A( )vacant land () 10.What type of sewage disposal is proposed: (check appropriate space) TYPE PROPOSED LOT Publicly owned and operated sanitary sewagesystem ( " ) Privately owned and operated individual septictank ( ) Privately owned and operated communal septic system Privy Other means (specify) 1'1. When willwater supply and sewage disposal services be available? Water at time of dsvelopment. Sewage at time of municipal sewer extension installation & private service upon development 12. What is the Existing Official Plan designation(s), if any, of the subject land? Residential () () () () 13. 14 What is the Zoning, if any, of the subject land? Village Res¡dential - Holding R1(H) Has the subject land ever been the subject of an application for approval of a Plan of Subdivision oraConsentunderthePlanningAct? Yes (x) No ( ) Unknown ( ) lf Yes, and known, provide the application file number and the decision made on the application E35/06 E36/06 E37lO6 E38/06 - All Granted lf this application is a re-submission of a previous consent application, describe how it has been changed from the original application N/A 16. (a) Has the owner previously severed any land from this holding? 15. Yes( )No ( X ) Previousowner Staff Report D2010-16 regarding Grewal Severances E65 - 68/09. Page 96 of 325 -3- (b) lf the answer to (a) is Yes, please indicate previous severances on the requíred sketch and supply the following information for each lot severed: Grantee's name Relationship (if any) to owner Use of parcel Date parcel created 17. ls the owner, solicitor, or agent applying for additional consents on this holding simultaneously with this application, or considering applying for additional consents in the future? Yes (x)+nooitionat appl. No ( ) 18. ls the subject land currently the subject of a proposed official plan or official plan amendment that has been submitted to the Minister for approval? Yes ( ) No (') lf Yes, and known, specify the Ministry file number and status of the application 19. ls the subject land currently the subject of an application for a zoning by-law amendment, Minister's zoning order amendment, minor variance, or approval of a plan of subdivision? Yes ( ) No (*) lf Yes, and known, specify the appropriate flle number and status of the application 20. ls the application consistent with policy statements issued under subsection 3(1) of the Planning Act?Yes (*) No ( ) 21. ls the subject land within an area designated under any provincial plan or plans? Yes ( ) No (*) lf yes, does the application conform to or conflict with the applicable provincial plan or plans 22. SKETCH: The application shall be accompanied by a sketch showing the following: - the boundaries and dimensions of the subject land, the part that is to be severed and the part that is to be retained; - the boundaries and dimensions of any land owned by the owner of the subject land and that abuts the subject land; - the distance between the subject land and the nearest township lot line or landmark, such as a railway crossing or bridge; - the location of all land previously severed from the parcel originally acquired by the current owner of the subject land; - the approximate location of all natural and artificial features on the subject land and adjacent lands that in the opinion of the applicant may affect the application, such as buildings, railways, roads, watercoLrrses, drainage ditches, river or stream banks, wetlands, wooded areas, well and septic tanks; - the existing use(s) on adjacent lands; - the location, width and name of any roads within or abutting the subject land, indicating whether it is an unopened road allowance, a public travelled road, a private road or a right of way; - if access to the subject land is by water only, the location of the parking and boat docking facilities to be used; - the location and nature of any easement affecting the subject land. Staff Report D2010-16 regarding Grewal Severances E65 - 68/09. Page 97 of 325 4 2g. The owner/ApplicanuAgent hereby authorizes Land Division committee members and the Corporation ot tnó öóuñtv ıf etgln'staff to enter onto the subject property for the purpose of Site inspections with respect to this application' 24. TheApplicanUOwner/Agent hereby consents to disclosu d in this Application puttr.iltã sãction s2(¡) of Bill 49, Chapte to provide for Freedom ot lntormãt¡on and Pròtóction of lndividual Local Boards. Dated a*h. ¿ì {-, ot î¡/ o " ¿l s{o"t4 tnis 'lA # o"v ot .4,-äu^¡ 'l- zo AFFIDAVIT OR SWORN DECLARATION 8ilIEF & BENEDICT 9UHI'EYING II{O; lM/e aq. orme éi\ of wl osot r f"t( in the county * o"G' ú Signature Signature *'JXI$'Jå$f å:i.?ii,f, -?'ü$'ùW'* Ëip"iræ oecem¡er 2,2010' ' I t and Solicltors. solemnly declare that allthe information contained in this application is true, and lAlVe make this solemn declaration "oni.i"ni¡ourìy oetieving ¡t to oà true, in'd knowing that it is of the same force and ãiect as if made under Oath and 6y virtue oJ the CANADA EVIDENCE ACT. DECLARED before me at the lf this application is signed by an agent.or solicitor on behalf of an app authorization must accoñrpãí¡V tnãäppl¡cation. tt tñe appticant is a ôò agent or solicitor, the application must be signed by an officei óf the corpor" ' tutt be affixed. It is required that one copy of this application be filed, together with one copy of the sketch described' *¡ti tné responsible persón, accompanied by a fee of - $750'00incashorbychequemadepayabletoTREASURER,coUNTYoFELG|N An additionalfee of $250.00 will be charged for affixing the consent stamp' SOUCTON OR AUTHORIZED AGENT 11t08 Staff Report D2010-16 regarding Grewal Severances E65 - 68/09. Page 98 of 325 The County of Elgin Land Divislon Committee requires that, in addition to the "Application for Consent", the following information be completed for all applications: 1 . Are there any barns located within 300 metres of the subject of this application? Yes ( ) No (x) lf the answer is "YES" are these barns: i) Now used for livestock? Yes ( ) No ( )i¡) Capable of being used for livestock? Yes ( ) No ( ) NOTE: lfyou answered "YES" to #1. PLEASE COMPLETE THE DATA SHEET BELOW BYAPPLICANT AGRICULTURAL CODE OF PRACTICE FORMULA ONE DATA SHEET TO CALCULATE THE MINIMUM DISTANCE SEPARATION REQUIREMENTS FOR NON.FARM USES ESTABLISHING OR EXPANDING IN CLOSE PROXIMITY TO EXISTING LIVESTOCK BUILDINGS ln order to calculate the minimum distance separat¡on, the following information is required for each livestock facility within 300 metres of the proposed severance and located on a separate lot: NAME TELEPHONE TOWNSHIP LOT CONC. TILLABLE HEGTARES (where livestock facility located) Type of Livestock Maximum Housing Capacity Number per Year Manure System Housing System check type DAIRY 0 Gows0 Heifers ô Calves Tie Sta Free Stal Loose BEEF 0 Cows 0 Calves 0 Feeders 0 400-750 lb. 0 400-1100 lb. ¿, 750-1 I O0 lh Open [ot Total & Barn I Confine-I ment SWINE0 Sows 0 Boars 0 Weanlingsô Feeders POULTRY 0 Laying Hens 0 Breeder Flock 0 Pullets 0 Chicken Broilers 0 Tuftey Broilers 0 Turkey Hens 0 Turkey Toms 0 Roasters MINK - Females Caged On Floor ^9E9 ùrnEEr-ndiltùqEwEÐ ¡u{ÞÞt I Ð YEäL VAL u^l SEMI.SOLID LIQU!D çJPUil r-ilË Open Pile vvvçt9v ¡ 19 Stgrage with Buck Walls Open Earth Sided PitGovered Tank Above Ground unco-vereo rant Below Ground Uncovered Tank Staff Report D2010-16 regarding Grewal Severances E65 - 68/09. Page 99 of 325 AUTHORIZATION (Please see note below) To: Secretary-Treasurer Land Division Committee Corporation of the CountY of Elgin Description and Location of Subject Lands: lrye, the undersigned, being the registered owne(s) of the above lands hereby authorize BAKER & BENEDTCT SURt/EylNq lNC. Wo. D sTÞ Ltc_ , oN (Agents Name/Names) (Agents City/Town ol l(esldence) (1) make an application on my behalf to the County of Elgin Land Division Committee; (Z¡ appear on my behalf at any hearing(s) of the application; and i3i pióviOe any information or materiairequired by the Land Division Committee relevant to the application. Please Print Names in Block Letters Below Signatures Datedattn" Ci\ o¡,¿J., rlt'kJÁ nis ?z-7ï day or A^g*{- ,o oq 7e=-- Signature of Witness Signature of Owner ¡ Signature of Witness Signature of Owner Signature of \Mtness Signature of Owner NOTE: This form is only to be used for applications, which are to be signed by someone other than the owner(s). (Agents City/Town of Residence) Staff Report D2010-16 regarding Grewal Severances E65 - 68/09. Page 100 of 325 gffi /09 SKE'ICH I.AND DIVISION APPLICATION of port of LOT 123 CONCESSION NORTH OF TALBOT ROAD ln thc acogrcphlc TOWNSHIP OF BAYI{AI¡ MUNIOPAUTY of BAYHAM COUNTY OF ELGIN Ë å rí Ëi'l &l H t 4 a å I lr H ;D.- ñoD llCtaT È.-ltoo.tf2orE tE'- ---q@|il:-r-EE iODA¡Orâ¡t€ tErrEt !Ot!¡ t2tt "--crd 07 iElAî{lD tot) - BAKER & BENEDICT SURVEYING INC. Ontorio Lqnd Suwcyoro wooosÍocK - oNTARto rEu(s1 9)537-621 2 ORAIYN BY: A.D.B. DAIE: 26 APRIL 2009 CHECKED gY: R.J.B. JOB No. : PAGE: 4of 1 5-09-11136 TEGENO $Nsamoffil nerur¡o SEVERED PREVOUSLY H xouse I ll *,* *H l¡ -Tí,1-. u'îià lf uÏì I x /l H I S t a f f R e p o r t D 2 0 1 0 - 1 6 r e g a r d i n g G r e w a l S e v e r a n c e s E 6 5 - 6 8 / 0 9 . P a g e 1 0 1 o f 3 2 5 tl/ "l-r|,, y'. l 1z IJ !J IDE NTIA CJDL-^ffiihçcG._ ."*i*il r;(i^ü hmÆdgÑtdfiml l¡woiGÑt æNñtdúÐl @D*t llqt¡i_ r. küe.ñrr!frq ßÉo&ftÞcMrroric Áøú tuk ffii^È r ¡ |årrt¡st4kû a 6ffidMúrlhrrolå1.¡.ne¡^riffi rffifrrf lñdrn * ffiño nr m cru @r GREWAL SE\ERENCES CONCEPTUAL'PLAN OF SUBDIVISION' AND SERVICING LAYOUT MUNICIPALITY OF SAYHÁM .STRAFFOROVTTE PLANNtNo APPUCAn$¡ E6s-E66,/09 zoNrNG - vltlAcf REsroENllAt HorDtNG [Rt(h)l S t a f f R e p o r t D 2 0 1 0 - 1 6 r e g a r d i n g G r e w a l S e v e r a n c e s E 6 5 - 6 8 / 0 9 . P a g e 1 0 2 o f 3 2 5 lBl Group 203-350 Oxford Sheet West London ON NOH 1T3 Canada tel 5194727328 fax 5'19 4729354 To/Attention From GC Subject Municipality of Bayham Derek Dudek, MCIP, RPP Date June 10,2010 Project No 3405467 Steno dd 1. 2. Memorandum Nariender Grewal- Application for Consent (E65/09 - E68/09) - Pt. Lot 123, Conc6, NSTR We have completed our review of the conceptual plan submitted on behalf of Nariender Grewal in support of their proposal to sever and create four (4) residential lots each measuring 1505 m2 (0.37 acres) in area and located on the west side of Sandytown Road, south of Stewart Line, in the Village of Straffordville. ln our previous memorandum dated September 23, 2009, we did not offer support for the proposed consents without the submission of a conceptual plan outlining potential development of the retained lands; or alternatively developing the entirety of the subject lands through a formal plan of subdivision. The submitted conceptual plan illustrates the proposed severed lots as originally requested along Sandytown, with four (4) additional residential lots fronting Sandytown Road to the north; five (5) residential lots, and one (1) stormwater management block fronting Stewart Road in the north; and thirty-four (34) residential lots in the interior portion of the subject lands serviced by two future roads which would offer vehicular connections at both Stewart Road and Sandytown Road. The council-adopted Official Plan targets a density of 20 uph for the areas designated 'Residential" within the Villages of Straffordville, Vienna, and Port Burwell. The conceptual plan illustrates development at a density of 6.5 units per hectare (uph). Development at the illustrated densities may prove to be unfeasible/undesirable along any future internal roads, given the requirement for full municipal services in order for any such development to proceed. However, we are satisfied that any such development of the retained lands could be accommodated via a future road at the southerly location along Sandytown Road, and somewhere along the Stewart Road in a location similar to that which is identified in the conceptual plan. An additional future road may be required along Sandytown Road, likely immediately north of the proposed severed lots. lBl Group is a group of firms prov¡ding professional services and is affiliated with lBl Group Architects Staff Report D2010-16 regarding Grewal Severances E65 - 68/09. Page 103 of 325 lBl Group Memorandum Municipality of Bayham - June 10, 2010 4.Based on our review of the conceptual plan of subdivision we have no objection to the proposed consents to create four (4) lots in relation to the development of the retained lands, particularly with respect to future road locations. However, while respecting that the plan is conceptual; we do not support the layout of the retained lands as shown. Any future development of the lands should be in keeping with the goals and objectives of the Official Plan. to target higher densities for residential areas in the designated. Aside from this specific application, it is our recommendation that prior to any further consideration of the development of the retained lands, the applicant, in conjunction with the Municipality and surrounding landowners, undertake a secondary planning exercise to formalize the conceptual nature of development for this large parcel of undeveloped land. This planning process would serve to formalize road alignments and general road locations; open space requirements; identify suitable areas for more intense forms of residential development; and most importantly look at servicing opportunities and constraints to determine timing of any long-term development in Straffordville. Such a planning exercise should also include the other remaining large areas of undeveloped residential land in Straffordville with the support of the other landowners in the urban boundary as a cost-saving measure. 7¿r-q IBIGROUP Derek Dudek, MCIP, RPP Consulting Planner to the Municipality of Bayham J:\3404\467 Grewal\PTMgrewal2o1 0{6-1 1.doc\201 0{6-1 1\DD Staff Report D2010-16 regarding Grewal Severances E65 - 68/09. Page 104 of 325 LI, CORPORATION OF THE MTJNICIPALITY OF BAYHAM STAFF REPORT TO: Mayor and Members of Council FROM: Planning Coordinator/Deputy Clerk SUBJECT: MacNeil Subdivision Port Burwell Pre-Servicing Agreement DATE: June 10,2010 FILE: DIZ.08ELIZ NUMBER: D2010-19 Purpose To consider a Pre-servicing Agreement for the MacNeil Subdivision Port Burwell. Background Jo-Lynn Pt. Burwell Inc., the owner of the MacNeil Subdivision on Elizabeth Street in Port Burwell, wishes to enter into a pre-servicing agreement with the municipality. A Pre-Servicing Agreement is intended to permit the construction and installation of certain services in advance of the execution of a subdivision agreement and registration of a plan of subdivision. The agreement permits the construction of the services subject to the restrictions included on the proposed agreement. Current Status On-site construction of the services coûrmenced three weeks ago. The owner plans to install water services, sewer services and storm sewers over the entire subject lands. He will continue to develop the northerly portion as Phase I, identified as MacNeil Court, with asphalt, curbs, sidewalks, streetlights, storm water management pond etc. The southerly portion Phase II, identified as Charles Court, is proposed for further development at a future time. Staff Comments This Agreement formalizes the scope of the intended works and includes cash security and a Letter of Credit. The municipality will be provided with the inspecting engineer's certificate once the water and sewer works are complete. Staff anticipates that a subdivision agreement will be in place in the nea¡ future once the conditions of the Draft Plan of Subdivision are satisfied. Attachments 1. Draft ByJaw 2010-061 with Pre-Servicing Agreement Strategic Plan Goal(s) Goal#2 Ensure reliable, well-maintained and secure infrastructure. Goal # 6 Provide and encourage attractive lifestyle choices. RECOMMENDATION *TIfAT Staff Report D2010-19 regarding a pre-servicing agreement with Jo-Lynn Pt. Burwell Inc. be received; AND TIIAT authorizing By-Iaw 2010-061 be presented for enactment." Underhill, Planning Coordinator Staff Report D2010-19 regarding MacNeil Subdivision Port Burwell Pre-Servicing Agreement. Page 105 of 325 ELIZABETH STREET . I I a ¡ I t i i :¿OoJ(n l--z. lU =t¡J(t z. : É. lUt- = É.oF(n olo :¿ooJ(n Èlr(t l= z.: :tÉlrul 3l; t- glÊ. i- lq.(nr ol;l3lcct I _t '*{ l0 -r-z \ -¡-J6J[ i \ ?t+ \ i?3 t .".E Ël REMAINS OF POST AND WRE FENCE ON PROPERTY LINE LOT 15 CONCESSION I GEOGRAPHIC TOWNSHIP ' OF BAYHAM ^l:ot^t il Tt tÞ^t S t a f f R e p o r t D 2 0 1 0 - 1 9 r e g a r d i n g M a c N e i l S u b d i v i s i o n P o r t B u r w e l l P r e - S e r v i c i n g A g r e e m e n t . P a g e 1 0 6 o f 3 2 5 TIIE CORPORATION OF THE MT]NICIPALITY OF BAYHAM BY-LA\il NO.2010-061 A BY.LAW TO AUTHORIZE THE EXECUTION OF A PRE-S ERVICING AGREEMENT WITII JO.LYNN PT. BURWELL INC. WITH RESPECT TO THE PROPOSED MACNEIL SUBDIVISION IN THE VILLAGE OF PORT BT]RWELL WIIEREAS: l. Jo-Lynn Pt. Burwell Inc, has applied to the Municipality of Bayham to permit the constuction of certain services in advance of the execution of a subdivision agreement and registration of a plan of subdivision. 2. The Council of the Municþality of Bayham deerns it necessary and expedient to enter into an agreernent with Jo-Lynn Pt. Burwell Inc. to permit the construction of such services, subject to the reshictions included on the proposed agreement. NOW THEREFORE, THE COUNCIL OF THE CORPORATION OF TIIE MT]NICIPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. That the Mayor and Clerk be and they are hereby authorized and directed to execute an agree,ment substantially in the form affixed hereto Schedule "4", being an agreeme,nt with Jo-Lynn Pt. Burwell Inc., with respect to the pre-servicing of the proposed MacNeil Subdivision. Read a FIRST and SECOND time this 17th day of June 2010. Read a THIRD and final time this 17th day of June 2010. MAYOR CLERK Staff Report D2010-19 regarding MacNeil Subdivision Port Burwell Pre-Servicing Agreement. Page 107 of 325 THIS AGREEMENT dated this BETWEEN: PRE.SERVICING AGREEMENT day of 2010. JO.LYNN PT. BT]RWELL INC. hereinafter called t'Jo-Lynnt' ANI) THE CORPORATION OF THE MUNICIPALITY OF BAYIIAM hereinafter called the (Municipality' \ilIIEREAS: 1. Jo-Lynn Pt. Burwell Inc. is the owner of land within the Municipality of Bayham described as Plan 30 Unnumbered Block 2,formerly the Village of Port Burwell, County of Elgin" now the Municipality of Bayham and designated as Part2 Reference Plan 11R4369 deposited in the said Land Registry Offices as July25, 1990. 2. Jo-Lynn has made application for a Plan of Subdivision called MacNeil Subdivision and this application is filed with the Ministry of Municipal Affairs and Housing as Application # 34T-88007. 3. Jo-Lynn wishes to commence installation of certain Works on or in the lands (the "W'orks') within the proposed plan of subdivision and on lands owned by Jo-Lynn Pt. Burwell Inc. prior to the execution of the subdivision agreement which Works are more particularly set out in Schedule "4" attached hereto. 4. The Corporation is prepared to permit Jo-Lynn to commence installation of the W'orks, as requested, in accordance with the following terms and conditions. NOW TEEREFORE, IN CONSIDERATION of the Corporation granting Jo-Lynn permission to commence installation of the Works for the proposed Plan of Subdivision Application No. 34-T-88007 prior to the execution of the subdivision agreønent and the mutual covenants contained herein, the parties agree and acknowledge as follows: 1. Permission The Corporation hereby grants permission for Jo-Lynn to commence installation of the 'Works (as described in Schedule "4" hereto) on or in the Subdivider's Land, within the proposed plan of subdivision and on or in the lands owned by Jo-Lynn Pt. Burwell Inc. 2. Acknowledgement of Subdivider l. Jo-Lynn acknowledges that: Staff Report D2010-19 regarding MacNeil Subdivision Port Burwell Pre-Servicing Agreement. Page 108 of 325 2 a) By proceeding with the \Morks in advance of execution of a subdivision agreement, they are doing so totally at their own risk. b) Proceeding with the Works in advance of execution of a subdivision agreement is not based upon any rqxesentation from the Corporation as to when any remaining site servicing for either development may be provided. c) By granting this permission the Corporation makes no representation that Jo-Lynn is not required to comply fully with all applicable conditions of approval of the plans of subdivision prior to receipt of final approval and tender for registration of the plan of subdivision. Jo-Lynn agrees: a) That no work will be permitted on any proposed public right-of-way including any public higþways, easernents or reserves prior to the execution of a subdivision agreement and receipt of required cash and securities with the Corporation. b) To allow the Corporation, its employees, servants and agents to enter the lands at all reasonable times and for all reasonable purposes, including but not limiting the ge,lrerality of the foregoing for all necessary inspections to correct any drainage problems or to correct or eliminate any other nuisance such as dust, garbage and debris and excavations, etc, and the costs incurred by the Corporation in so doing shall be a charge to Jo-Lynn. c) To proceed with the installation of the said municþal services only in accordance with the approved plans for such services and should the construction program come to a termination for any reason to smooth, grade and to rehabilitate the sitq to renew vegetation and present erosion problems and upon any failure in performing this obligation to the satisfaction of the Corporation to allow the Corporation to enter upon the lands and carry out the work deemed necessarybythe Public'Works Department of the Corporation with the costs incurred by the Corporation to be drawn upon any security deposited herein. d) To comply with every direction issued or given by the Manager of Public Works of the Corporation ("Manager") during the course of pre-servicing including, and without limiting the ge,nerality of the foregoing, the cessation of the work, the installation and carrying out of additional Works the phasing of 'Works or any other matters which the Manager deems to be in the interest of the proper development of the subject and surrounding land. e) To enter into a subdivision agreement with the Corporation in a form satisfactory to the Corporation and to satisff all ¡elevant conditions relating to the construction of the municipal services and without limiting the generality of the foregoing to satisff all the financial, legal, servicing, engineering, Staff Report D2010-19 regarding MacNeil Subdivision Port Burwell Pre-Servicing Agreement. Page 109 of 325 3. landscaping, and other requirements of the Corporation for the lands concerning the said municþal services. Ð That in the event Jo-Lynn transfers their land to a third party prior to the registration of a plan the subdivider shall, prior to completing the transfer, provide the Corporation with an agreement from the new owner in a form satisfactory to the Corporation in which the new owner agrees to be bound by the terms of this preservicing agreement. g) That Jo-Lynn pay all administration fees as required by the Corporation as outlined on Schedule "8" h) To allow the Corporation to draw on any securities deposited under the provisions of this agreement for the completion of any Works considered necessaryby the Manager including those indicated in Schedule "4" and other work such as rectification of drainage problems and cleanup of existing roads upon verbal notification to the engineering consultant appointed by Jo-Lynn to oversee construction. Ð Should for any reason Jo-Lynn transfer appointment of construction supervision to a firm other than that named on the approved drawings noted on, Jo-Lynn shall notiff the Corporation by registered letter, at least two weeks prior to the change. Jo-Lynn acknowledges that a) the Corporation is under no obligation to accqrt the Works as constructed and the Corporation may require the subdivider to reconstruct any or all Works prior to accepting the Works. b) The installation of any services or the performance of any road W'orks does not constitute dedication of any of the lands in the proposed subdivision as a public highway c) It is the responsibility of Jo-Lpn to obtain any and all necessary approvals and permissions from all appropriate agencies and authorities relating in any way to the proposed Works conternplated by this agreement. d) The Corporation is not supervising the construction of these Works, and no liabilitywill be attributed to the Corporation for the m¿ìnner in which the 'Works are constructed. e) There is a risk that the subdivision plan may not be registered in the immediate future, and may indeed never be registered and Jo-Lynn acknowledges the risk that the registered plan of subdivision may be considerably changed from the draftplan and that any such changes maymean some of the Works to be installed will have to be reconstructed in a different manner and any costs Staff Report D2010-19 regarding MacNeil Subdivision Port Burwell Pre-Servicing Agreement. Page 110 of 325 J. 4. 5. 4 whatsoever associated with such changes shall be the responsibility of the subdivider, alone. Ð All work is to be performed on properties of Jo-Lynn and any lawsuit or claim (including construction lien claims) relating to or resulting from the performance or manner of construction of the Works shall be entirely the responsibility of Jo-Lynn and shall not in any sense be the responsibility of or involve the Corporation in any way. Compliance with B)¡laws. Rules and ReCulations Jo-Lynn agrees to comply with all fäferal, provincial and municipal laws, rules, regulations and by-laws. Hours of Installation The subdivider agrees to limit the hours of installation of the Works within theproposed plan of subdivision from 7:00 am to 7:00 pm or such other hours as set by the Manager in his discretion. Right of Entry 1. Jo-Lynn agrees to allow the Corporation, its employees, servants and agents to enter the Land within the proposed plan of subdivision al all reasonable times and for all reasonable purposes, including and without limiting the generality of the foregoing for all necessary inspections, correct any deficiencies and to eliminate any nuisance arising from or relating to the installation of the Works. 2. Jo-Lynn shall, forthwith upon demand, pay the Corporation for all costs incurred by the Corporation in undertaking any of the aforesaid actions. Indemnification l. Jo-Lynn shall and does hereby indernnifu and save harmless the Corporation and its servants, agents and employees from all damages, actions, causes of actions, suits, claims and dernands whatsoever, which may arise directly or indirectly by reason of the installation of the Works within the proposed plan of subdivision by the subdivider including without limitation damages to existing municþal infrastructure and the cost to rectiff deficiencies and eliminate any nuisances (including the cleanup of existing roads). 2. Jo-Lynn agrees to deposit with the Corporation a letter of credit in the form and a¡nount satisfactory to the Corporation or cash security in lieu thereof to guarantee its obligations in this agreement. For this purpose, the decision of the Manager as to whether such damage has been done or whether such rectification or cleanup is required as a result ofthe installation of the Works 6. Staff Report D2010-19 regarding MacNeil Subdivision Port Burwell Pre-Servicing Agreement. Page 111 of 325 5 shall be final and binding. The Corporation shall be entitled to draw upon the said security for the above purposes at any time. 3. Jo-Lynn releases and forever discharges the Corporation, its members of Council, employees, servants and agents from any and all actions, causes of actions, suits, demands and claims whatsoever nature or kind, which may arise wither directly or indirectly by reason of the preservicing and the Works in the subdivider effecting the construction of the W'orks prior to execution of a subdivision agreement and prior to final registration of a proposed plan of subdivision. 7. V/ithdrawal of Permission The Corporation may withdraw its permission for the installation of the Works, at any time, if the Manager in his sole opinion, deems it to be in the best interest of the Corporation. Upon such withdrawal, Jo-Lynn shall forthwith cease further work with respect to the Works on or in the Land within the plan of subdivision. When pursuant to subclause (l) the Corporation has withdrawn its permission, Jo-Lynn agrees that it shall have no claim whatsoever against the Corporation with respect to this agreement, the permission granted, or any installation of the Works performed prior to withdrawal of the permission. Revocation of Grant In any event, this grant of permission shall be automatically revoked upon registration of the plan of subdivision on title to the Lands. 9. Notice If any notice is required to be given by the Corporation to Jo-Lynn with respect to this agreement, such notice shall be delivered personally, mailed or sent by facsimile transmission to Jo-Lynn Pt. Burwell Inc. or such other address as the subdivider has given to the Corporation Clerk in writing in any such notice delivered, mailed by prepaid, first class mail or sent by facsimile transmission, shall be deemed good and sufficient notice under the terms of this agreement and to have been given upon such delivery, mailing or transmission. 10. Successors The subdivider shall require this agreement to be assumed by any successor in title, to the effect that the obligations and covenants herein shall be binding upon the executors, administrators successors and assigns. 1. 2. Staff Report D2010-19 regarding MacNeil Subdivision Port Burwell Pre-Servicing Agreement. Page 112 of 325 6 11. Number and Gender Words importing the singular shall include the plural and vice versa. Words importing gender shall include all genders. IN WITNESS WIIEREOF the parties have set their hands and corporate seals as attested by the hands of the proper signing officers in that behalf. SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF: THE CORPORATION OF THE MT'I¡-ICIPALITY OF BAYHAM MAYOR, Lynn Acre CLERK, LyndaMillard OWNER: JO-LYNN PT. BURWELL INC. SIGNATURE I have the authority to bind the Corporation. .GrinÐ (prinÐ Staff Report D2010-19 regarding MacNeil Subdivision Port Burwell Pre-Servicing Agreement. Page 113 of 325 SCIIEDULE '(A'' MacNeil Subdivision - Port Burwell The following are the list of plans identified by drawing numbers and descriptions that are located in the municþal office. DrawingNo. 7-31-100 7-31-r0l 7-31-t02 7-3r-200 7-31400 7-3t401 7-31402 7-3L403 7-31-500 7-31-501 Description General Plan of Services Plan and Profile Elizabeth Street - Easements Plan and Profile Charles Court - MacNeil Court (William on drawings is notnamed MacNeil) Lot Grading Plan Pre Development Plan Post Development Plan Storm Water Management Plan Landscaping Plan Details Details Date 021t8/10 02lt8ll0 021t8/t0 02ll8lt0 02lt&lt0 02118/t0 02lt8,lt0 02118/10 02118/t0 02/t8,lt0 Staff Report D2010-19 regarding MacNeil Subdivision Port Burwell Pre-Servicing Agreement. Page 114 of 325 SCHEDULE '8"(pe.1l MacNeil Subdivision - Port Burwell ESTIMATED COST OF' WORKS Primarv Services (including all underground lVorks and surface Works excluding final asphalt and boulevard Works) a) Elizabeth Steet 'Watermain Storm Sewers Road Subtotal b) MacNeil Court (William Court on drawings) Sanitary Sewers $ $ 55,023.80 Wate,r:nain Storm Sewers Road c) Charles Court Sanitary Sewers $ 24,426.00 Watermain $ 19,870.00 Storm Sewers $ 11,644.00 Road ('B' Gravel base only) $ 17,840.00 Subtotal Easements Stonn Sewers Storm Water Management Pond Surface Asphalt Sidewalks DrivewayRamps Blvd Topsoil & Sod Blvd Trees Street Liehtine Street Lights & Wiring g 24,926.00 $ 8,817.80s 21,280.00 24,618.00 18,473.00 17,700.00 49,740.00 $110,531.00 $ 73,780.00 $ 31,389.00 $ 73,615.58 $ 10,710.00 $ 8,294.00 $ 7,000.00 $ 4,900.00 $ 2,100.00 Subtotal of Secondary Services $ 33,004.00 $ 5,000.00 $ $ $ Subtotal Subtotal of Primary Services $344,340.18 Secondarv Services - Phase 1 MacNeil Court (includes surface asphalt and boulevard Works) TOTAL Servicing Cost $382.344.18 Staff Report D2010-19 regarding MacNeil Subdivision Port Burwell Pre-Servicing Agreement. Page 115 of 325 9 1. a) b) SCHEDULE "8" fpe.2l FINANCIAL REOUIREMENTS Cash Payment Payment for Water Meters Phase 1 (14 units @5250 each) Administration and Inspection Fees Based on Total Internal Servicing Cost of $382,344.18 i. 4Yo of frrst $100,000ii. 3.55% of $282,344.18 Grand Total Cash 2.I-etters of Credit a) To guarantee 1009io completion of secondary services b) Gua¡antee pursuant to Construction Lien Act - l0% of primary services cost Legal Fees To guarantee 1001/o completion of Sfreet Lighting Total Letters of Credit 3,500.00 4,000.00 10,023.22 s 17.523.22 $ $ c) d) $ $ $ $ 33,004.00 34,434.02 5,000.00 5,000.00 $ 77.438.02 Staff Report D2010-19 regarding MacNeil Subdivision Port Burwell Pre-Servicing Agreement. Page 116 of 325 (.L CORPORATION OF THE MT]NICIPALITY OF BAYHAM STAFF REPORT TO: Mayor and Members of Council DATE: June 10,2010 FROM: Planning CoordinatorlDeputy Clerk FILE: D14.WIEL10 SUBJECT: WielerRezoning/DraftZoningBy-IawZ580-2010 NUMBERzD20l0-77 Public Meeting 7:30pm on June 17,2010 Purpose To consider a Rezoning Application and draft ZoningBy-law 2580-2010. Background The municipalityhas received arezoning application from Henry, Peter & Ruth Wieler for consideration to rezone a 4000 m2 (l acre) portion of their lands to permit the continued use of an existing mobile home on a permanent basis on their property located at 53930 Eden Line, in Concession 9 in Part IÃt 4, north side Eden Line, west of Culloden Road. The subject land is designated "Agriculture" and "Industrial" in the Official Plan and zoned Agricultural (41) and rural Industrial (M2) in theZonngByJaw. Purpose and Effect The purpose of this amendment is to change the zoning from the Rural Industrial (M2) Zone to the site- specifi c Rural Industrial (M2- I 0) Zone in the Zoning By-law. The effect of this amendment will be to permit the use of a mobile home as an accessory dwelling to the existing industrial operation, woodworking shop. The rezoning will be subject to a development agreement to outline the terms of the continuance of the mobile home. Staff & Planner Comments Temporary zoning for the mobile home has been granted on two separate rezonings, the latest which expired in July 2009. The applicants wish to obtain permission for the mobile home to remain on a permanent basis for the employee of the woodworking business. The municipality has adopted new Official Plan policies relating to supplementary farm dwellings in the municipality. These policies have not yet received Ministry approval, however, the planner's memo outlines that this application would qualiff for the intended direction of Council. The planner explains that the mobile home could qualiff as a supplementary farm dwelling given the home is used for a family member who is employed by the legally operating woodworking shop located on agricultural lands. Therefore, based on the council adopted direction for supplementary farm dwellings, the planner and staffwould support the rezoning for the permanent status of the mobile home subject to the execution of a Development Agreement. The Agreement will detail items pertaining to location, maintenance, buffering, occupancy requirements and conditions of removal based on a period of no occupancy and/or the ceasing of industrial operations. Staff and the planner recoÍrmend the zoning by-law not receive final reading until such time as the development agreement is in place. At the time of writing this report, no written comments have been received from the public. Staff Report D2010-17 regarding Wieler Rezoning / Draft Zoning By-Law Z580-2010. Page 117 of 325 Staff Report D2010-17 Wieler Attachments 1. RezoningApplication 2. IBI Memo dated May20,2010 3. Draft Zoning By-law 2580-2010 Strategic Plan Goal(s) Goal # 6 Provide and encourage attractive lifestyle choices. RECOMMENDATION Page2 "TIIAT StaffReport D2010-17 be received; AND TIIAT the zoning of those lands located at 53930 Eden Line in Concession 9 Part Lot4rbe changed from Rural Industrial (M2) to Site-Specific Rural Industrial (M2-10) 7.one to permit the use of a mobile home as an accessory dwelling to an existing industrial operation; AI\D TIIAT Zoning ByJaw 2580-2010 be presented for first and second reading only." Staff Report D2010-17 regarding Wieler Rezoning / Draft Zoning By-Law Z580-2010. Page 118 of 325 MT]MCIPALITY OF BAYTIAM 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 BAYHÄM This application must be filed with the Planning Coordinator/ Deputy Clerk or designate of the MunÍcþality of Bayham along with a cheque for the required amount. The applicant should retain one copy for their records. The Ínformation in this form must be completed in full. This mandatory information must be provided with a fee o1$!iQ00 (Z,onngBy-law Amendment or Temporary Use 7-onngBy-law) or 8!50!. (TemForary Use Zoning By-law Renewal) or $1500 (ZofugAmendment to Remove llolding ProvÍsion). If the application is not completed in full, the applicatÍon will be returned. ÍJw]E,I't/,;shall assume responsibility for any additional costs the deposited amount related to the said application and understand and agree that for payment of said additional costs shall be a condition of this signed application. I also agree to accept all costs as rendered. Jenry tl ¡¿le v Qeþ, l,/ ¡¿ lev , Property Owner ßulh tt{¡o' n. Property Owner FOR OFFICE USE ONLY Prepared April 2007 Staff Report D2010-17 regarding Wieler Rezoning / Draft Zoning By-Law Z580-2010. Page 119 of 325 Municipality of B ayhan Tnning By-law Amendment Application Page2 Address: PhoneNo. Fax: (Home): 5 Email: I¡tandConcession(ifapplicable): Lot 1 Cone55.,on ? 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. N{Ní . 2. Applicant/AuthorizedAgent: Address: TelephoneNo.:Fax: Please specify to whom all communications should be sent: Registered Owner ( ) Applicant / Authorized Agent ( ) 3. Legal Description of thó land for which the ¡mendment is requested: Concession: I Reference PlanNo:Part Lot: Street and Municþal Address No.:53 ?z o E*l¡'^ L ,^ne What is the size of property which is subject to this Application? Area: ?Ö Å* ^ Frontage:m Depth: When were the subject lands acquired by the current owner? 4. ,a7 Existing Official PIan DesÍgnation: /-' 'C a ¿ fLlrZ{ How does the application confonnto the Offrcial Plan? feUft Staff Report D2010-17 regarding Wieler Rezoning / Draft Zoning By-Law Z580-2010. Page 120 of 325 Municipality of Bayham ZonngByJaw Amendment þplication 5. ExistingTnningBy-lawClassific¿tion: What are the current uses of the subject lands? Page 3 Znc¡-e-Cr¿ / 2r/ ¿rs¿ i /u, 4qr,'"u/Lru/ c¿Sc.oa rei/e/ á*f ^æsú-,rv /a+.lSlf lúown,provide the leng of time these uses have Continued on this property. If there are any existing buitdings or structures on the subject lands provide the following information: T)pe HeightFront Lot Side Lot Line Rea¡ Lot Line Line Setback Setbacks Setback Dimensions t4x 7oflnq*e T";)o Qb' ?5' Ho ¿rs e (03 ---7-' ff known, provide the dates in whÍch each of these buildings were constructed. What is the Nature and Efent of the Rezoning?6. 7.Why is the rezoning being requested? Tr ,(zone Thp Tra'tlev , ct.nà q¡t c),tl)' !?,"v 3 )tor^fS ,rve I(Pv,esfeà F'¡r a- ?evrveho'"f Staff Report D2010-17 regarding Wieler Rezoning / Draft Zoning By-Law Z580-2010. Page 121 of 325 MuniciÞality of Bayham Zoning ByJaw Amendment Application Page 4 Does the proposed ZoningBy-law ¡mendment implement a growth boundary adjustment of a settlement area? ^/Ò If so, attach separateþ justification 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 area of employment?N2 If so, attach separately justification or infonnation for the request based on the current OfTicial Plan policies or associated Official Plan amendment. Description of proposed development for which this amendment is requested (i.e. permitted uses, buildings or structures to be erected. @e Specific) Type Front I¡t Sidelot Line Rearlot Line Height Dimensions Line Setback Setbacks Setback 11. Services existing or proposed for the subject lands: Please indicate with a r' Water Supply Municipal Piped Water Supply Private Drilled V/ell Private Dug Well Communal Well Existing () (x) (x) () Proposed () () () () For any proposed buildings or structures on the subject lands provide the following information: l7o t?¿tnt bu,,'''-,___-_7- Staff Report D2010-17 regarding Wieler Rezoning / Draft Zoning By-Law Z580-2010. Page 122 of 325 Municipality of Bayham Zoning By-law Amendment Application L¿ke or other Surface lffater Body ( ) Other ( ) Page 5 () () Sewage Disposal Municipal Sanitary Sewers Individual Septic System Communal System P¡iry Other Existing () (x) () () Proposed () () () () () () Note: If the proposed development Ís on a private or communal system and generate more than 4500 litres of effluent per da¡ the applicant must include a servicing options report and a hydrogeological report. Are these reports attached? If not, where can they be found? StormDrainage Provisions: Proposed Outlet: 12. Eow will the property be ¡ccessed? Provincial Highway ( ) County Road ( ) Municipal Road - maintained all year (þ MunicipalRoad-seasonallymaintained( ) Right-of-way( ) rù/ater( ) If access is by water, do the parking and docking facilities exist, and what is the nearest public road? Staff Report D2010-17 regarding Wieler Rezoning / Draft Zoning By-Law Z580-2010. Page 123 of 325 Municipalþ of Bayham Zoning By-lawAmendment Application 13. IIas the subject land ever been the subject of an application under the Planning Act for: Plan of Subdivision ( ) Consent ( ) ZorneBy-law Amendment ( [) Ministers 7nrune Order ( ) Page 6 z s30- )o 15. 14. How is the proposed amendment consistent with the Provincial Policy Statement 2005? Are the subject lands within area designated under any Provinciat Plan(s)? If the ans\iler is yes, does the proposed amendment conform to the Provincial Plan(s)? [/o 17. The Owner is required to attach the following information with the application and it will form part of the application. Applications will not be accepted without the following. (a) A sketchbased 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 structures, indicating their setbacls f¡om all lot lines, the location of driveways, parking or loadi.g spaces, landscaping areas, planting strþs, and other uses; Staff Report D2010-17 regarding Wieler Rezoning / Draft Zoning By-Law Z580-2010. Page 124 of 325 Municipality of Bayham Zoning By-law Amendment Application Page 7 (b) (c) o the approximate location of all natu¡al and a¡tificial features (buildings, railways, roads, watercourses, drainage ditches, banks of rivers or strearns, wetlands, wooded areas, wells and septic tanls) thaiare on the subject lands, adjacent to the subject lands, or in the opinion of the applicant may affect the application; o the current uses ofthe land that is adjacent to the subject land; ¡ the location, width, and name of any roads within or abutting the subject land, indicating where it is an unopened road allowance, a public traveled road, a private road, or a right- of-way; o the location of the parking and docking facilities to be used (if access will be by water only); o the location and nature of any easement affecting the subject land. Written cornments from the Elgin St. Thornas Health Unit, Long Point Region Conservation Authority and Ministry of Transportation (if applicable). If a private sewage system is necessary, prerconsultation with the Chief Building Official is required about the approval process 18. If this application is signed by an agent or solicitor on behalf of an applicant(s), the owner's written authoriz¡tion must rccompany the application. If the applicant is a corporation acting without an agent or solicitor the application must be signed by an oflicer of the corporation and the seal if any must be affixed. 19. Additional Information as required by Council 7¿ b k /,rr",n/./ ar1 r'/" Á¿ 20. If this application is to accommodate the consent of a surplus farm dwelling, please provide the followÍng information: Date surplus farrn dwelling was erected: Please provide the assessment roll number, lands is being consolidated. 'and zonng of the farm parcel with which the subject Staff Report D2010-17 regarding Wieler Rezoning / Draft Zoning By-Law Z580-2010. Page 125 of 325 Municipality of Bayham Zoning By-law Amendment Application Page 8 (Jt, owruev¿S fu S,o¿ i'v ftoPr oF G**rsJro,v ffi , of the , in the county of , do solemnly declare: -\luu.i ci¡rali ry" liarue that I /@ ^@the owner(s) of the lands described above (iÐ that to the best ot^y @^owledge and belief, all of the information and statements given in this application and in ¡ll exhibits transmitted are true. I/ We, of (D that(iii) /",/enrl /.U,i,4. .'¡/aù8 P-/-. fu'Jlr to act as an Agent on my/our behalf in all aspects of this application. And I / We make this solemn declaration conscientiously believing it to be true, and loowing that it is of the same force and effect ¡s if made under oat\ and by virtue of the "Cønøda Evídence Acf". DECLARED BEFORE ME at the: Owner / Agent in the CountylRegion of day of Øau uro /a 4t' ( 1¿<'Løu Owner / Agent cfe Narre , etc. Issloaer, Staff Report D2010-17 regarding Wieler Rezoning / Draft Zoning By-Law Z580-2010. Page 126 of 325 wueu,uhoàY\-_ - - - flarn loa I .t 'rl¡ I I I I LJooJtq \ù v È JJ \) v '\b\'r- C ortc¿Ççiot't Lo+q "(""tliv'" t'';lo*tÙ 'l"¿ '',, r Çà \( \I ¡le flcme I 16t ,1,@ -?o ( nnce15 ton EJ"n L;ne ffO*tcJ¿LTu(L€ S t a f f R e p o r t D 2 0 1 0 - 1 7 r e g a r d i n g W i e l e r R e z o n i n g / D r a f t Z o n i n g B y - L a w Z 5 8 0 - 2 0 1 0 . P a g e 1 2 7 o f 3 2 5 ffi To: Margaret Underhill Fax: 519 866 3884 Date: 4n812O10From: WIELER'S FURNITURE INC CC: Re: Pages: I HENRY Dear TownshiP: As the owrier of weler,s Furniture lNc. I am giving Peterwieler futl rights to apply for a permit' on the Trailer Home. please note: we are asking for a permanent permit forthe Trailer Home' WIELER'S FURNITURE AND FOOD MART LLC' 5938 US 10 EVARTMI.49æT PHz231-734197?0 FAX:231-734.9731 ¡'d Ie¿6 þeL Íe¿tJel{ OOol JnJ Jê I e I m eZS :60 o I A¿ JdU Staff Report D2010-17 regarding Wieler Rezoning / Draft Zoning By-Law Z580-2010. Page 128 of 325 Wielers Furniture Inc. 53930 Eden Line R.R. #4 Aylrner, ON NsH 2R3 Fax: 519-,Y3s- olAT lxa l'rev 4*å Så, Thank You Staff Report D2010-17 regarding Wieler Rezoning / Draft Zoning By-Law Z580-2010. Page 129 of 325 lBl Group 203- 350 Oxford Street West London ON NOH 1T3 Canada tel 519 4727328 fax 519 47293il To/Attention From cc Subject Municipality of Bayham Derek Dudek, MCIP, RPP Date May 20,2010 Project No 3/'04 - 477 Steno dd 1. Memorandum Wieler - Application for Rezoning - Part Lot 4, Concession 9 (Eden Line) We have completed our review of the Zoning By-law amendment application submitted on behalf of Henry, Ruth & Peter Wieler, in support of their proposal to permit the continued use of an existing mobile home on a permanent basis on their property located on the north side of Eden Line, west of Culloden Road, in Part Lot 4, Concession 9. The subject lands are a 20 hectare (50 acre) farm parcel that includes an area used for a furniture manufacturing operation. This area is approximately 4000 m2 (1 acre) in size and is zoned separately from the remaining farm parcel. The subject lands are designated "Agriculture' and 'lndustrial" on Schedule A - Future Land Use in the Official Plan, and zoned Agricultural (A1) and Rural lndustrial (M2) in Zoning ByJaw No. 245G2003. Two (2) separate previous temporary rezonings have been applied to the lands which expired in July 2009. Our previous memorandum recommended not further extending any temporary rezoning on the subject lands. The subject lands are characterized as a mixture of agricultural lands and wooded area and surrounded by similar agricultural lands and wooded areas. Lands fronting onto Eden Line are characterized mainly by farm buildings, with some limited non-farm residential development. Buildings on the subject lands include a large shop on the M2 zoned lands and the mobile home. Buildings on the A1 zoned lands include a dwelling and four farm buildings to the rear of the M2 lands. The mobile home is in essence a supplementary farm dwelling, despite the fact the owners are not actively involved in the farming of their lands (rented out). As of 2009, the Municipality has adopted new policies for supplementary farm dwellings within the 'Agriculture" designation in order to provide a method which does not require landowners to obtain multiple temporary zoning by-law amendments, while ensuring that the interests of the Municipality and the general publíc are maintained. These policies were adopted as 3. lBl Group is a group of firms prov¡ding professional services and ¡s aff¡liated with lBl Group Architects Staff Report D2010-17 regarding Wieler Rezoning / Draft Zoning By-Law Z580-2010. Page 130 of 325 lBl Group Memorandum Municipality of Bayham - May 20, 2010 4. Section 2.10.1 (OPA #10 - Clause #31) and have not yet received final approval, but do represent the direction of the Municípality. . These new policies place an emphasis on need for the dwelling; number, size, location, and type of the dwelling; and services and vehicular access for the dwelling. ln addition, the Municipality has the ability to enter into an agreement to dictate "such matters as location, maintenance, buffering, removal, and period of occupancy of any dwellings, as well as any other matters deemed appropriate to ensure that the dwelling is used for its intended purpose of providing housing for farm help". It is our opinion that the proposed allowance of the mobile home as a permitted use on a permanent basis would (or could through the execution of a development agreement) satisfy the majority of the criteria outlined above, with the exception of need for the dwelling as it relates specifìcally to farm help. There is no apparent need for "farm help' on the property given that the agricultural use is pasture lands and it is rented to other farm operators. However, the mobile home is used for a family member who is employed by the legally operating woodworking shop located on agricultural lands. Based on the council adopted direction of the Municipality relating to allowing mobile homes through a permanent planning process for farm help, we would have no objection to a zoning byJaw amendment to permit a mobile home for help associated with an overall farm operation, on the subject lands with the following conditions to satisfy the adopted policies through a development agreement: ¡ That the mobile home remain in the location identified on the application of which a sketch shall be included in any agreement; o That the mobile home be serviced by a potable water supply and private sanitary sewage disposal system to the satisfaction of the Municipality; ¡ That the mobile home be buffered from the front lot line with appropriate vegetative screening to a width of approximately 14'-2O' (w¡dth of mobile home) with such details to be outlined in the development agreement; o That the development agreement outline such measures relating the above bullet points, and outlining that the mobile home is to be used for an employee of the on-site industrial operation, and conditions for removal of the mobile home based on a period of no occupancy and/or the ceasing of industrial operations. 5. 6. Staff Report D2010-17 regarding Wieler Rezoning / Draft Zoning By-Law Z580-2010. Page 131 of 325 lBl Group Memorandum Municipality of Bayòam - May 20, 2010 7. Based on the above conditions, we would not object to a rezoning for the use of a mobile home for accessory residential purposes in the M2 Zone. Rezoning should outline the permitted uses and requirements for the development agreement; and should not be given final reading until such time as an agreement is executed. 7¿11 IBI GROUP Derek Dudek, MCIP, RPP Consulting Planner to the Municipality of Bayham J:8404\4ZWdlerlPrl^¡¡--ele¿o10-05-20.doq12010{5-æ\DO Staff Report D2010-17 regarding Wieler Rezoning / Draft Zoning By-Law Z580-2010. Page 132 of 325 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO.7-580-2010 WIELER BEING A BY-LAW TO A,MEND BY-LAW No.7A5G2003, AS AMENDED WHEREÁ.S the Council of the Corporation of the Municipalþ of Baytram deems it necessary to amend ZorrngBy-law No. 2456-2003, as amended; TffiREFORE, the Council of the Corporation of the Municipality of Bayham e,nacts as follows: 1) THAT By-law No.7A56-2003, as amended, is hereby further amended byamending Schedule "A", Map No. 9, by deleting from the Rural Industrial (M2) 7-one and adding to the site-specific Rural Industrial (M2-10) Zone, those lands which a¡e outlined in healry solid lines and ma¡ked MjZ-10 on Schedule *4" to this By-law, which schedule is attached to and fomrs part of this ByJaw. 2) THAT By-law No. 7A56-2003, as amended, is hereby frrrther amended by adding the following new subsection: ,r4j!g 21.10.10.1 Defined Area M2-10 as shown on Schedule *4", Map No. 9 to this bylaw; 21.10.10.2 PermittedUses One (1) mobile home as an accessoryuse" 3) THIS By-law comes into force: a) Where no notice of objection has been fild 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 MunicipalBoa¡d. READ A FIRST TIME THIS ITIh DAY OF JUNC 2010. READ A SECOND TIME TIIIS 17ü DAY OF JUNC 2OIO. READ A THIRD TIME AND FINALLY PASSED THIS DAY OF 2OIO. MÁ.YOR CLERK Staff Report D2010-17 regarding Wieler Rezoning / Draft Zoning By-Law Z580-2010. Page 133 of 325 CORINTH (See Schedute 'B') This is Schedule "4" to By-low No. 2580-2010, possed the 17th doy of June 2010. MAYOR CONCESSION IX 0 25Om 500m E Scole 1 : 12,5OO MAPNo'--l@l Staff Report D2010-17 regarding Wieler Rezoning / Draft Zoning By-Law Z580-2010. Page 134 of 325 Staff Report D2010-18 regarding 911772 Ontario Inc. Rezoning / Draft Zoning By-Law Z581-2010. Page 135 of 325 Staff Report D2010-18 regarding 911772 Ontario Inc. Rezoning / Draft Zoning By-Law Z581-2010. Page 136 of 325 Staff Report D2010-18 regarding 911772 Ontario Inc. Rezoning / Draft Zoning By-Law Z581-2010. Page 137 of 325 Staff Report D2010-18 regarding 911772 Ontario Inc. Rezoning / Draft Zoning By-Law Z581-2010. Page 138 of 325 Staff Report D2010-18 regarding 911772 Ontario Inc. Rezoning / Draft Zoning By-Law Z581-2010. Page 139 of 325 Staff Report D2010-18 regarding 911772 Ontario Inc. Rezoning / Draft Zoning By-Law Z581-2010. Page 140 of 325 Staff Report D2010-18 regarding 911772 Ontario Inc. Rezoning / Draft Zoning By-Law Z581-2010. Page 141 of 325 Staff Report D2010-18 regarding 911772 Ontario Inc. Rezoning / Draft Zoning By-Law Z581-2010. Page 142 of 325 Staff Report D2010-18 regarding 911772 Ontario Inc. Rezoning / Draft Zoning By-Law Z581-2010. Page 143 of 325 Staff Report D2010-18 regarding 911772 Ontario Inc. Rezoning / Draft Zoning By-Law Z581-2010. Page 144 of 325 Staff Report D2010-18 regarding 911772 Ontario Inc. Rezoning / Draft Zoning By-Law Z581-2010. Page 145 of 325 Staff Report D2010-18 regarding 911772 Ontario Inc. Rezoning / Draft Zoning By-Law Z581-2010. Page 146 of 325 Staff Report D2010-18 regarding 911772 Ontario Inc. Rezoning / Draft Zoning By-Law Z581-2010. Page 147 of 325 Staff Report D2010-18 regarding 911772 Ontario Inc. Rezoning / Draft Zoning By-Law Z581-2010. Page 148 of 325 I CORPORATION OF THE MTJNICIPALITY OF BAYTIAM STAFF REPORT TO: Mayor & Members of Council DATE: Jlur;re 17,2070 FROM: Gerry LeMay, Manager Public Works FILE: fo t" L+y SUBJECT: Repairs to Heritage Line NUMBER: PW 2010-12 Purpose This report outlines the work to be completed by The Public Works Department and MSO in order to repair the "dips" in the roadway on Heritage Line ensuring the roadway is safe for the residents within the Municipahty of Bayham. Background Council has given the Public Works Department monies for special repairs with asphalt on the roadways in the Municipality of Bayham. This report outlines where the repairs will be undertaken within the Municipality of Bayham. Staff Comments The Manager of Public W'orks has noted the roadway along Heritage Line has experienced some settling of asphalt, in the 56,000 block of Heritage Line, due to the installation of sanitary laterals some ye¿ìrs ago. This generally is a very slow process in order to have the asphalt settled to accommodate the installation of new structures under the roadway. Our capital budget had an item of $ 30,000 formiscellaneous asphaltrepairs. The approximate costof repairwill be $ 8,000 to allow the company to heat the roadway so new asphalt will adhere to the existing asphalt and stop any spalding or chipping of the new material away. Manager of Public V/orks has spoken with the County of Elgin regarding the condition of the roadway and the means of repairing the roadway does not meet with the County's approval therefore we have the option of repairing the road at our cost or diverting the complaints to the County . Under the Strategic Priorities Goal #2 (Ensure reliable, well maintained and secure infrastructure) subsection 3 we have met this parameter of the priorities with this By-Law ensure a standard system for the Municipal roadways. Attachments Strategic PIan Goal(s) l Goal #2 - Ensure reliable, well maintained and secure infrastructure Recommendation THAT Staff Memorandum 2010-01 be received. Respectfully submitted, y, Manager Public Works Staff Report PW2010-12 regarding Repairs to Heritage Line. File: T06 Page 149 of 325 Page 150 of 325 1 CORPORATION OF THE MT]NICIPALITY OF BAYHAM STAFF REPORT TO: Mayor & Members of Council FROM: Administrator SUBJECT: Road Closure Application - Chestnut Street Allowance DATE: June 11,2010 FILE: IO9 NUMBER: PR2010-05 Purpose This report is to further consider closing and conveying a portion of the Chestnut Street unopened road allowance east of Elm Street in Vienna. Background In November 2009, Council considered staff report PR2009-17, regarding application from an abutting property owner to close and convey a portion of the unopened Chestnut Street road allowance between Edison Drive and Elm Street in Vienna. After consideration, Council adopted the following resolution: THAT staff be directed to initiate required procedures pursuant to the Municipal notice byJøw to close an unopened portion of the Chestnut Street road allowance between Edison Drive and Elm Street in Vienna, provided the applicants pay required expenses, and that upon closure ofthe road, the lands be conveyed to the abutting property owners at appraised value. Since that time, staff acquired an appraisal which values the lands at $5,500. A survey of the subject lands has also been acquired. Expenses for these services will be reimbursed by the applicants. A survey ofthe subject lands has also been acquired. Staff have also proceeded with advertisement in the local newspaper (Aylmer Express) on June 2, 2010, and notice to abutting property owners and area utilities, in accordance with the municipal Notice By-law. The Notice advises that Council will consider the closure at its June I7, 2010 meeting. Staff Comments In addition to the applicant, staff have also had some discussions with the other abutting property owners regarding to this closure. Both other owners (Abraham and Maria Dyck and Henry and Margaret Wolf) have indicated that they wish to acquire that portion of the road allowance that abuts their property, at the appraised value per acre plus proportionate share ofthe related survey work and involved legal fees. No other individuals have commented at the time of drafting this report. Staff had commented initially that an easement for drainage works should be retained in this area. It is suggested that an easement affecting one half of the road allowance would be sufficient, and should be retained over Part 1 as shown on Plan llk-9227. At this meeting (June 17,2010), Council may accept any written comments and will hear from any person that claims their lands will be prejudicially affected by the closure. Staff Report PR2010-05 regarding Road Closure Application - Chestnut Street Allowance. Page 151 of 325 2 After affording the opportunity for persons to address the matter, Council may determine if it wishes to proceed. Attachments l. Copy of Notice of Road Closing 2. Draft By-law No. 2010-062, being a by-law to stop up, close, and convey part of the road allowance known as Chestnut Street according to Registered Plan 54. Strategic Plan Goal(s) Goal #1 - Practice responsible financial management Recommendation THAT ByJaw No. 2010-062, being a by-law to stop up, close and convey part of the road allowance known as Chestnut Street according to Registered Plan 54, designated as Parts 1,2 and3 on Plan llR-9227, be presented to Council for enactment. Staff Report PR2010-05 regarding Road Closure Application - Chestnut Street Allowance. Page 152 of 325 THE GORPORATIOII OF THE MUI{IGIPATITY OF BAYHAM ã&a iloTtGE 0F R0AII Ctostltc TAKE NOTICE that the Council of the Corporation of thc Municipality of Bayham at its meeting to be held in Council Chambers at 9344 Plank Road, Sbaffordville, Ontario on Thursday June 17, 2010 at 7:00 p.m. will consider a By-law to stop up, close and convey part ofthe road allowance known as Chestnut Street according to Registered Plan 54 of the Municipality of Bayham, formed Village ofVienna, in the County of Elgin and designated as Pa¡ts 1,2 and 3 on Plan llP.-9227, as shou,n on the key map below. Fu¡ther information may be obtained from the Municipal O{fice during regular business hours (Monday through Frida¡ 8:30 a.m. - 4:30 p.m.) Written commsnts may be submitted to the address belou'. Council will hear in person or by counsel, solicitor o¡ agent, any persoû rvho claims that their lands willbe prcjudicially affected and who applies to be heard by calling theAdministrator on or before 4:30 p.m., Friday June 11, 2010. Iâ¡HþNP^I¡W OÊ BAYITA¡¡ Dated at the Municipality ofBayham this 2nd day of June 2010. Kyle Krugeç Adminiskator Municipality of Bayham P.O. Box 160, 9344 Plank Road St¡affordville, ONNOJ IYO Ph 519-866-552r Fx 519-866-3884 Staff Report PR2010-05 regarding Road Closure Application - Chestnut Street Allowance. Page 153 of 325 THE CORPORATION OF TTTE MT]IVCIPALITY OF BAYIIAM BY-LA\ü 2010-062 BErNG A BY-LAW TO STOP UP, CLOSE AND COIYVEY PART OF THE IIIIOPENED ROAD ALLOWANCE KNO\il]\ AS CTTESTNUT STREET ACCORDING TO REGISTERED PLAN 54 OF THE MT]I\ICIPALITY OF BAYHAM, FORMERLY VILLAGE OF VIENNA, IN THE couNTY oF ELGIN, DESTGNATED AS PARTS 1,2 AI\D 3 ON PLAI\ IIR.9227 WHEREAS Section l1 of the Municipal Act,200l, S.O. 2001, c.25 æs amended provides that a lower tier municipality may pass byJaws respecting Highways, including parking and traffrc on highways; AND WHEREAS Section 8 of the said Municipal Act provides that a municipality has the capacity,rights, powers, and privileges of a natural person for the purpose of exercising its authority under this or any other Act; AND WHEREAS notice of intent to pass this By-law has been published once in the Aylmer Express, a newspaper of general circulation to the area; Al[D \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 ByJaw and who applied to be heard; AND WHEREAS the Council of the Corporation of the Municipality of Bayham deems it expedient to stop up, close and convey those parts of the road allowance known as Chestnut Street according to Registered Plan 54, designated as Parts I,2 and 3 on Plan llR-9227, and to convey such parts to the adjoining land owners. THEREFORE THE COI]NCIL OF THE CORPORATION OF THE MT]NICIPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. TI{AT upon and after the passing of this By-law those portions of the unopened road allowance described as Part of the road allowance known as Chestnut Street according to Registered Plan 54 in the Municipalþ of Bayham, formerly Village of Vienna, in the County of Elgin, (Geographic Township of Bayham), designated as Parts 1,2 and 3 on Plan 1 lR-9227, be and are hereby closed and stopped up. 2. THAT part of the said unopened road allowance described as Part of the road allowance known as Chestnut Street according to Registered Plan 54 in the Municipality of Bayham, formerly Village of Vienna, in the County of Elgin, (Geographic Township of Bayham), designated as Part I on Plan IIF.-9227 shall be conveyed to Jaroslav and Vilma Barvinek for consideration in the amount of $2,750 plus reimbursement of legal, advertising, survey, and appraisal costs, and subject retention of an easement for storm water purposes. Staff Report PR2010-05 regarding Road Closure Application - Chestnut Street Allowance. Page 154 of 325 TFIAT part of the said unopened road allowance described as Part of the road allowance known as Chestnut Street according to Registered Plan 54 in the Municipality of Bayham, formerþ Village of Vienna in the County of Elgin, (Geographic Township of Bayham), designated as Part 2 on Plan IIR-9227 shall be conveyed to Abraham and Maria Dyck for consideration in the amount of $1,375 plus reimbursement of legal, advertising, survey, and appraisal costs. TFIAT part of the said unopened road allowance described as Part of the road allowance known as Chestnut Street according to Registered Plan 54 in the Municipalþ of Bayham, formerly Village of Viennq in the County of Elgin, (Geographic Township of Bayham), designated as Part 3 on Plan llR-9227 shall be conveyed to Henry and Margaret V/olf for consideration in the amount of $1,375 plus reimbursement of legal, advertising, survey, and appraisal costs. TFIAT this by-law shall be registered in the Land Registry Ofüce for the Registry Division ofElgin, (No. 11). READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED this 17th day ofJuner 2010. MAYOR CLERK Staff Report PR2010-05 regarding Road Closure Application - Chestnut Street Allowance. Page 155 of 325 Page 156 of 325 1 CORPORATION OF THE MTJNICIPALITY OF BAYHAM STAFF REPORT TO: Mayor & Members of Council DATE: June 1I,2010 FROM: Administrator FILE: (Oq SUBJECT: Road Closure Application - First Alley NUMBER: PR2010-06 Purpose This report is to further consider closing and conveying a portion of the First Alley unopened road allowance west of Union Street in Vienna. Background In March 2010, Council considered staff report PR2010-03, regarding application from an abutting properly owner to close and convey a portion of the unopened First Alley road allowance west of Union Street in Vienna. After consideration, Council adopted the following resolution: THAT staff be directed to initiate required procedures pursuant to the Municipal notice byJaw to close an unopened portion of the First Alley road allowance west of Union Street in Vienna, provided the applicants pay required expenses, and that upon closure of the road, the lands be conveyed to the abutting property owners at appraised value. Since that time, staff have met with the applicant regarding appraised value for the lands. It was noted that an identical section of the same road allowance was previously conveyed in 2008 at $950, based on an appraisal at that time. In order to avoid additional appraisal fees, it was suggested that amount be utilized for this conveyance as well. A survey of the subject lands has also been acquired. Staff have also proceeded with advertisement in the local newspaper (Aylmer Express) on June 2, 2010, and notice to abutting property owners and area utilities, in accordance with the municipal Notice By-law. The Notice advises that Council will consider the closure at its June ll, 2010 meeting. Staff Comments Staff have received verbal confirmation (by phone) from the second properly owner abutting this road allowance to the north, that they have no objections to this proposed closure and have no interest in acquiring arry portion of the lands. No other inquiries or comments in regard to this matter have been received from any members of the public at the time of printing this report. At this meeting (June 17, 2010), Council may accept any written comments and will hear from any person that claims their lands will be prejudicially affected by the closure. After affording the opportunity for persons to address the malter, Council may determine if it wishes to proceed. Staff Report PR2010-06 regarding Road Closure Application - First Alley. Page 157 of 325 Attachments 1. Copy of Notice of Road Closing 2. Draft By-law No. 2010-063, being a byJaw to stop up, close, and convey part of the road allowance known as First Alley according to Registered Plan 54. Strategic Plan Goal(s) Goal #l - Practice responsible financial management Recommendation THAT By-law No. 2010-063, being a by-law to stop up, close and convey part of the road allowance known as First Alley according to Registered Plan 54, designated as Part 1 on Plan I lR- 9220, be presented to Council for enactment. Staff Report PR2010-06 regarding Road Closure Application - First Alley. Page 158 of 325 THE CORPORATION OF THE MUNICIPALITY OFBAYHAM NOTICE OF ROAD CLOSING TAKE NOTICE that the Council of the Corporation of the Municipality of Bayham at its meeting to be held in Council Chambers at9344 Plank Road, Straffordville, Ontario on Thursday June 17 at7:00 p.m. will consider a ByJaw to stop up, close and convey part ofthe road allowance known as First Alley according to Registered Plan 54 of the Municipality of BaÈa¡n, formerly Village of Vienn4 in the County of Elgin and designated as Part 1 on Plan I lR-9220,as shown on the key map below. Further information may be obtained from the Municipal Ofüce during regular business hours (Monday through Friday, 8:30 a.m. - 4:30 p.m.) Written comments may be submitted to the address below. Council will hear in person or by counsel, solicitor or agenl, any person who claims that their lands will be prejudicially affected and who applies to be heard by calling the Administrator on or before 4:30 p.m., Friday June I l, 2010. Dated at the Municipality of Bayham this 2nd day of June, 2010. KEY MAP KEY MAP i¿RJHIOIPÂIJTY OF SAYHAM Kyle Kruger, Administrato¡ Municipality of Bayham P.O. Box 160, 9344 Plank Road Straffordville, ON NOJ lYO Ph 519-866-5521 Fx 519-866-3884 Staff Report PR2010-06 regarding Road Closure Application - First Alley. Page 159 of 325 TIIE CORPORATION OF TI{E MT]NICIPALITY OF BAYHAM BY-LAW 2010-063 BEING A BY-LAW TO STOP Up, CLOSE AND COIYVEY PART OF TIIE TJNOPENED ROAD ALLOWANCE KNOWN AS FIRST ALLEY ACCORDING TO REGISTERED PLAI\ 54 OF THE MTJNICIPALITY OF' BAYTIAM, FORMERLY VILLAGE OF'VIENNA, IN TIIE COTJNTY OF ELGIN, DESIGNATED AS PART 1 ON PLAN lrR-9220. \ryHEREAS Section l1 of the Municipal Act,200l, S.O. 2001, c.25 as amended provides that a lower tier municipalþ may pass by-laws respecting Highways, including parking and traffic on highways; AllD \ryHEREAS Section 8 of the said Municipal Act provides that a municipality has the capacity, rights, powers, and privileges of a natural person for the purpose of exercising its authority under this or any other Act; AIYD 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 WHEREAS 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 hea¡d; AND WHEREAS the Cotrncil of the Corporation of the Municipality of Bayham deems it expedient to stop up, close and convey that part of the road allowance known as First Alley according to Registered Plan 54 in the Municipality of Bayham, formerly Village of Vienn4 in the County of Elgin, (Geographic Township of Bayham), designated as Part I on Plan I lR- 9220, and to convey such part to the adjoining land owner. TIIEREFORE THE COTJNCIL OF THE CORPORATION OF TIIE MT]NICIPALITY OF BAYHAM ENACTS AS FOLLO\ilS: 1. TFIAT upon and after the passing of this By-law those portions of the unopened road allowance described as Part of the road allowance known as First Alley according to Registered Plan 54 in the Municipality of Bayham, formerly Village of Vienna, in the County of Elgin, (Geographic Township of Bayham), designated as Part I on Plan l lR- 9220, be and are hereby closed and stopped up. 2. THAT part of the said unopened road allowance described as Part of the road allowance known as First Alley according to Registered Plan 54 in the Municipality of Bayham, formerþ Village of Vienna, in the County of Elgin, (Geographic Township of Bayham), designated as Part 1 on Plan llP.-9220, shall be conveyed to Peter Dyck for consideration in the amount of $950 plus reimbursement of legal, advertising, survey, and appraisal costs. Staff Report PR2010-06 regarding Road Closure Application - First Alley. Page 160 of 325 3. 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 effect conveyances of those parts of the said road allowances described herein and which have been stopped up and closed. 4. THAT this by-law shall be registered in the Land Registry Offrce for the Registry Division ofElgin, (No. ll). READ A FIRST, SECOND AND TIIIRD TIME At\D FINALLY PASSED this 17th day ofJune,2010. MAYOR CLERK Staff Report PR2010-06 regarding Road Closure Application - First Alley. Page 161 of 325 Page 162 of 325 @is form¡qqst be suþrnitted to Council at leastóïeekq prio¡jg--eveJtÛ Nanne of ûrganiratås)ü Mrking Request - '7 R o6 SpccifÌc r rjl. Name of Special Ëvent " S*tcfFclJ , ;]\e l:|,joÇ r^.d,¡rn ,. &I-- tr)ste of $ipeeial Evenf - -A.ry*"i âØ 2O/0 Start-time of Event - ? ^,^Fiuish- _\CI:3ep-_ Route..{.{lsoprovidenu¡i -.å{o.r\crrg Flo,"r - 9¿ko.\ - n¿r*h c,n--6rçrÀon$-,=------_-_ i¿rÉsÇon flo"^ - Nar{k ,t" (lss'f s'r. - èad o^ 'Th¡rq| - 9oztr!'t:"t- Request lRoad.Closure, TraffÏc Coutrol etc,) - Éæ-fßio C¿'.+*t ¡ cla5^r.a .rÉ ct¡rl, CI*f"f g MaxÅmurn Number of people expected to aftend -àæso Å.ny Speci¡l Needs - :Ø ll.sror &¡cractdeç, ele+n,êe)t eJ f".0, ÅpplÊcent o ,^" - PA, L- €A S & $ignature rïLunicipai Represeutative Siguature - Ont¿rio Prcvincial Police 42æ6 Jobn V/ise Line R.R. # 5 St. l!,.homas, Ottario HsP 3S9 TFhoue: 519-ó3i -2920 J Fax',519-ó31-2.923 Cel[: 519-878-6029 Elgin-St. T'homas EMS put¡'Manager ^r/Fax: 519-637-3484 Pirane: 519-63?-3098 Tillsonburg F'ire Dispat+ir 80 Concession Sreet East Tillsonburg, ON N'4G - 4Z,8 Phone: 519-842-2905 (non-emergency #i {Fax: 519-842-2190 Central funbuiance Communicatiom Centre 1510 Woodcock Sheet, Suíte #20 Londo¡l gþ{ N6H 5Sl Phone: 5i9-661-1784 Fax: 519-66i-1799 Event Road Closure Request Form from Straffordville Community Committee regarding "Straffordville Watermelon Fest". Page 163 of 325 C.aB,noe ßr'-$t F"¡ * \,tJ o-\"r n -lo't frtT' HAMu-T OF STRAFFORQVÍLLE TOWNSHIP OF BAYHAM McP a CYR'L J. DEã'IÊYEAÉ LIMIÍED COH'ULr'XO ENO'NUA' flLLto/tulo . oxfAìto dort J Ø,:ooo^ E v e n t R o a d C l o s u r e R e q u e s t F o r m f r o m S t r a f f o r d v i l l e C o m m u n i t y C o m m i t t e e r e g a r d i n g " S t r a f f o r d v i l l e W a t e r m e l o n F e s t " . P a g e 1 6 4 o f 3 2 5 Page2 Upon Council approval, a copy of this notice and the map submitted will be provided by the Municipality to the following: Gerry LeMay, Manager of Public Works Clayton Watters, Engineer Municipalþ of Bayham County of Elgin Box 160 Straffordville, ONNOJ 1Y0 450 Sunset Drive Phone: 519-866-5521 Fax: 866-3884 St. Thomas, ON N5R 5V1 Phone: 519-631-1460 Fax: 519-633-766I Fire Chief Municipality of Bayham Box 160, Straffordville, ONNOJ 1Y0 Phone: 5L9-866-5521 Fax: 866-3884 File: Forms/ Event Notice-Road Close Event Road Closure Request Form from Straffordville Community Committee regarding "Straffordville Watermelon Fest". Page 165 of 325 Page 166 of 325 Municipatity of Bayham Building Permits For The Month of May 2010 File: PlO 8 D¡te:Jun-02-2010 No.Date Roll #Permlt Holder Property Descrlptlon Bulldlng Type V¡lue Permit Fee Septic /Sewer Fee 38 3-Mav 0-004-32510 Klassen. Susana 56058 Heritase Line conshuctDatio deck l92so ft 1.500 75.0( 39 3-Mav 0-006-17400 Goncz. Steve 58218 Carson Line lonstruct one storey sunroom addition 364so ft r 5.000 242.0( 40 4-Mav 0-004-01915 Wall. Mike 51218 Calton Line construct one storev addition 8l6sq ft 99.500 505.0( 4t 7-Mav 0-008-05000 Fliebert. Johan 54701 ViennaLine Dne storey addition w/ 640so ft finished basernent 200.00(1415.0(350.0( 42 7-Mav 2-001-19000 Boughner, Rov 25 Erieus Sheet demolish attached garase 600sq ft 7s(75.0( 43 lO-Mav 0-003-15ll0 Steinhoff. Laurel 8880 Tollsate Road install wood bumins stove t.00(75.0( 44 10-Mav 0-006-l l70l llighwav Meadows Inc ll98l PlankRoad install mobile home I I lgso ft 80-00(715.0( 45 ll-Mav 0-006-06420 Wall- Mike 1050 Ridee Line construct one storey house Vatt ga¡age 249lsq ft 200.00(l3l6-0(350.0( 46 l3-Mav 0-005-02001 Solwell, Randy 10085 Culloden Road construct Datio deck with roof 288so ft 6.00(141.0( 47 l3-Mav 0-002-l 100 Froese, John 57604 Tunnel Line replace existins seDtic tank 2.00(250.0( 48 l3-Mav 0-004-34200 Dygos. Rebecca 9317 Plank Road move storaqe shed onto lot 220so ft 2.00(75.0( 49 l3-Mav 2-001-34800 Vince, Norma 23 Wellineton Street convert front oflaundry mat to take-out snack bar 6.00(163.0( 50 l4-Mav 0-003-12400 fupper. Tammv 57346 Jackson Line remove load bearinc wall . install beam 5.50(I19.0( 51 l7-May 0-006-09600 Sandham, Edgar I 1045 Bavham NorfBndrv install 5 tobacco kilns 2200so ft 12.00(375.0( 52 l8-Mav 0-004-23 I 04 Siesbrecht. Tina 8347 Sandvtown Road constn¡ctpatio deck l68sq ft& shed lóOsq ft 7.00(150.0( 53 2O-Mav 0-006-l l70l llighway Meadows Inc ll98l PlankRoad install mobile home l292so ft 90.00(795.0( 54 28-Mav 0-008-03501 Giesbrecht, Diedrich i3827 Vienna Line constn¡ct one storey addition 384sq ft l5-00(252.O( 36 29-Aor l-004-24900 Peidl- Ramona i5867 Third Street install storase shed in backvard l20so ft 2.70(75.O( 37 29-Apr )04'28500split Hildebrandt. Will i5551 Main Sheet construct one storey house w/att earaee 2364so ft 120.00(t237.Ot 175.0( May-l0 t65.950 E.050.00 875.0t 2O1O YEAR TO DATE 2,093.866 20.231.00 2000.0( M¡Y-09 t-562-20(33ss.00 700.0( 2OO9 YEARTO DATE 2.721.E0(13.670.00 2E75.0( sM6/9/20r0 excel\monthly\buildper Reviewed by: B u i l d i n g P e r m i t R e p o r t f o r t h e m o n t h e n d i n g M a y 3 1 , 2 0 1 0 . F i l e : P 1 0 P a g e 1 6 7 o f 3 2 5 Page 168 of 325 ( Straffordvitle Minor Ball Association C- / 3 May 30,2010 ATT: Lynda Millard, Clerk Municþal Office g344Plar/r-Road, Box 160 Straffordville ON NOJ 1Y0 I am writing this letter on behalf of the Straffordville Black Sox Junior Men's Fastball team. On June 26fr andJune2Tth,the Team will be hosting the Ontario Rural Softball Association (ORSA) Junior Men's competition in Straffordville, at the Straflordville Community Centre. The event will host approximately six teams of 15 players each. We will be obtaining a special occasion permit to serve alcoholic beverages in the outdoor pavilion and fenced inarcanear the ball diamond along with a full BBQ menu and other non-alcoholic beverages. All proceeds will go towards Straffordville Minor 8a11. The exact dimension of the fenced in area and pavilion are 58'by 95'. We have hired a sma¡t serve certified bartending staffto operate the sales of beverages, on Saturdaybetween I l:00 am and l0:00pm, and 12:00 pm and 6:00 pm Sunday. This time period may be shortened if the competition concludes early on both days. If you have any questions or concems, please contact event co-ordinator, Luke Demeter, at 519 -67 0-19 42. Thank you, Straffordville Minor B all Correspondence dated May 30, 2010 from Straffordvillle Minor Ball regarding "Ontario Rural Softball Association Junior Men's Page 169 of 325 Page 170 of 325 Þr¡ I Municipality of Bayham P.O. Box 160, 9344 Plank Road Straffordville, On, NOJ 1YO To whom it may concern: Please except this letter as an application for an exemption from By-Law Y200'l-57 (to regulate and control noises) for our property at 56357 Jackson Line, Straffordville, On, NOJ 1Y0. Name of applicants: Melvin Tupper Karen Tupper Tammy Tupper Address of Applicants: 56374 Jackson Line, R.R.#1, Straffordville, On, NOJ 1YO Description of Sound Source: Band and D.J. Equipment Singing Statement of the particular provisions of by-law from which exemption is sought: See Table 3-1, item 4- The operation of any electronic device or group of connected electronic devices incorporating one or more toud speakers or other electro mechanical transducers and intended for the production, reproduction or amplification of sound. See Table 3-1, item 12 Yelling, shouting, hooting, whistling or singing. Period of time for which exemption is sought: July 3ñ 2010, 3:00pm - July sth 2010, 1:00am The Reason why the exemption should be granted: Tammy Tupper's Wedding Celebration Statement of Steps, if any, planned or presently being taken to bring about compliance with the byJaw: 1. Application to council for an exemption from By-Law #2001-57 (to regulate and control noises). Z. Piâce a publication within the preceding ten (10) Days, in the A.t LølÉ f 'P<Ërî. Newspaper which is of genera lity, of a notice of intention to apply for an exemption to this By-Law #2001-57 , containing the information required by clauses 6.11.2 Details of application for Exemption (a) through (e), and further stating the date upon which it is intended that application will be made to council. Sincerely, Tammy Tupper Karen Tupper Melvin Tupper Application for exemption from By-Law 2001-57 (to regulate and control noise) regarding Tupper Wedding Clelbration. Page 171 of 325 Page 172 of 325 2009.11.27 6.3 9050 001686 NATHAN TOWI.¡SEND payroll PAYROLL MUNICIPALITY OF BAYHAM Accounts Payable Royal Bank Cheque Register- 0610712010 0fl07r2010 I Cheque Arnount - Cheque Run Total - 0610712010 1l:134M 008628 844.09 i l Page Cheque Register being Cheque #8628 to Cheque #8674 inclusive, totaling $82,872.93 and Payroll Disbursements for the period Page 173 of 325 2009.11.27 6.3 9050 OOO249 DEGROOTE.HILL ùuck purdrase MUNICIPALITYOF BAYHAM Accounts Payable Royal Bank Cheque Register- 06/08/2010 06/08/2010 10:544M 2OO9 GMC CA¡.¡YON TRUCK æto7t2010 I 16,1U.42 Cheque Amount -16,10/'.42 Cheque Run Total -16,104.42 Cheque Register being Cheque #8628 to Cheque #8674 inclusive, totaling $82,872.93 and Payroll Disbursements for the period Page 174 of 325 2009.11.27 6.3 9050 MUNICIPALITY OF BAYHAM Accounts Payable Royal Bank Cheque Register - 06/10/2010 001647 125s475 oNTAR|O LTD 639919 HAND SOAP o5to5t2010 I 16.94 008630 Cheque Amount - 06110120'10 1:5lPM OOOO52 AMTELECOM COMMUNICATIONS Jun0060257907 Jun0060341982 Jun0060408229 Jun0060493387 June51987¡f4054 INTERNET. OFFICE 06rc1no10 INTERNET - EDISON MUSEUM 06/01/20,10 TELEPHONE.INTERPCENTRE 0610112010 06t01t2010 06/01/2010 16.94 85.00 008631 48.25 008631 48.25 008631 28.30 008631 105.95 008631 I I I I I Cheque Amount - 001688 ANGER'S LAWN & GARDEN EOUIPMENT 't16't42 AIR FILTER o4120t2010 I Cheque funount - 000069 ASSOCIATION OF ONTARIO ROAD winter maintenance AORS WINTER MAINTENANCE SCI 06/09/2010 I Cheque Amount - OOOO75 AYLMER EXPRESS 0000153926 ROADCLOSURE 0512812010 I Cheque Amount - OOOOSI AYLMERTIRE 0000065335 0000065532 OOOO91 BARRYR.CARD 212013-34 LEGAL SERVICES 06/01/2010 I Cheque Amount - 001448 BIGAG SERVICES INC. 228 SPREAD LIQUID BIO.SOLIDS 0510812010 I Cheque Amount - OOOI41 CAIN'S AUTO SALES & SERVICE INTERNET - PB MUSEUM INTERNET- GARAGE REPAIRTIRE REPAIR GRADERTIRE 31.76 908.25 315.75 31.76 008632 008633 008634 008635 008635 008637 908.25 57.33 05126t2010 05t31t2010 57.33 123.3'l 367.25 Cheque Amount -490.s6 38.33 008636 38.33 6,418.91 81 3l 8158 81 59 8207 8228 8232 TOW IN, REPLACE FUEL PUMP REWRE CB RADIO DIAGNOSE TRANS PROBLEM LOF LOF LOF 05t17t2010 05120120'to 0st20t2010 0512712010 o513',v2010 ost31t2o',lo 6,418.91 1,417.05 008638 65.54 008638 116.39 008638 44.02 008638 48.54 008638 44.02 008638 000156 CANADIAN PIPE & PUMP SUPPLY LTD Cheque Amount -1,735.56 Page Cheque Register being Cheque #8628 to Cheque #8674 inclusive, totaling $82,872.93 and Payroll Disbursements for the period Page 175 of 325 2009.11.27 6.3 9050 MUNICIPALITY OF BAYHAM Accounts Payable Royal Bank Cheque Register - 0611012010 f424450 FILTERS 05t21t2010 I 442.40 008639 Cheque Amount - 442.40 OOOIOO CORPORATE EXPRESS 2510't545 SHARPIE MARKERS, CARTRIDGES 05t17t2010 I 59.37 008ô40 Cheque Amount - 59.37 OOO229 DANCE SEVVER CLEANING INC 11382 UNBLOCKSTORM DRATNS 05t18t2010 I 1,102.50 008641 Cheque Amount - 1,102.50 OOI329 DAVIDSON GENERAL REPAIR 126067 REP1áCE RADIATOR 0610812010 I 402.98 008642 Cheque Amount - 402.98 00,1690 DOVVLER-KARN 140465 14M66 140467 140633 251104 251105 Cheque Amount - 6,683.67 OOO299 ELGIN PURE WATER 0000157322 MONTHLYRENTALCHARGE O6t01t2010 I 106.58 008644 Cheque Amount - 106.58 OOO334 FASTENALCANADA ONTIS35O86 SUPPLIES ONTIS35134 BOLTS 05t11t2010 I 1,144.30 008643 0511112010 I 9M.19 008643 0511112010 I 789.25 008643 05t26t2010 I 1,804.90 008643 05t2712010 I 854.51 008643 0512712010 I 1,186.52 008643 0512812010 I 50.29 008645 o5128120'to I 14.13 008645 0611012010 1:51PM ESSO N/L DIESEL DYED L SUL D/C/ ESSO N/L L SUL D/C DIES DYED ChequeAmou t- U.42 OO.I535 FLOWMETRIX TECHNICAL SERVICES 1539 TURBTDTMETER TRA|N|NG 05t3112010 I 210.00 008646 1540 TURB|DITY STANDARDS O5131t2010 I 397.76 008646 Cheque Amount - 607.76 OOO357 G& K SERVICES CANADA INC '1518558291 SHOP TOWELS, FLOOR MATS 0512712010 I 178.94 008647 Cheque Amount - 178.94 00.1239 GREAT LAKES NEW HOLLAND INC 1329T BOLTS. SPR|NGS, NUTS O5t04t2010 I 489.32 008648 Cheque Amount - 489.32 001258 HENNESSY GIBSON HOGAN 15283-19 LEGAL SERMCES 06102t2010 I 3,219.71 008649 Page 2 Cheque Register being Cheque #8628 to Cheque #8674 inclusive, totaling $82,872.93 and Payroll Disbursements for the period Page 176 of 325 2009.11.27 6.3 90s0 MUNICIPALITY OF BAYHAM Accounts Payable Royal Bank Cheque Register- 06/10/2010 Cheque Amount - 3,219.71 OO0/.22 HORNSBY CANVAS & TARPAULIN LTD 17050 RENTAL OF MANNEQUTNN 05t28t2010 I 56.50 008650 ChequeAmount- 56.50 OOO427 HYDRO ONE NETWORKS INC June1885G12458 UTILITIES - LIBRARY 0610212010 I 102.34 008651 June25240-95021 UTILITIES - RCHMND RD PUMP 0610212010 I 243.69 008651 June28799-40004 UTILITIES - PUMP#1 0610212010 I 269.76 008651 June5025G'12458 UTILITIES - MARINE MUSEUM 0610212010 I 78.30 008651 June5645G12330 UTILITIES - BOAT IáUNCH OGlO2l2O10 I 41.79 008651 June6276043000 UTILITIES - E.C.C. 0610212010 I 97.41 008651 June8777ù2Û012 UTILITIES - EDISON MUSEUM OO|OZ2010 I 149.43 008651 June9385G12278 UTILITIES - PB FIREHALL 0610212010 I 148.71 00865l Cheque Amount - 1,131.43 @0444 J/E BEARING AND MACHINE LTD 268311 SNAP R|NGS, CAp SCREWS, WAS 06t0412010 I 62.53 008652 Cheque Amount -62.53 000466 JIMMIJONS 33576 33633 ChequeAmount- 865.20 OOO51O KI.ASSENAUTO PARTS 1-56132 F|LTERS, OtL 05t19t2010 I 98.35 008654 1-56155 otL 05t20t2010 I 125.U 0086s4 Cheque Amount -224.19 OOO513 KOOLEN ELECTRIC 15742 15745 15746 15747 15748 Cheque Amount - 1,395.70 OOO519 KYLE KRUGER conference AMCTO CONFERENCE 06110t2010 I 1,441.55 0086s6 Cheque Amount - 1,441.55 OOO555 LONG POINT REGION CONSERVATION '05358 2ND QUARTER LEVEY'10 01t2712010 I 10,804.50 008657 0611012010 1:51PM MONTHLY UN|T RENTAL 05/06/2010 I 757.05 008653 uNlT RENTAL - BALL DtAt¡tOND 05n5t2010 I 108.'t5 008653 AIR CONDTTTONER SERVTCE 05t31t2010 I 118.13 008655 INSTALL BRTDGE MARKERS 06/03/2010 I 190.05 008655 REPATR DUSK TO DAVV}¡ LTGHT 06t03t2010 I 110.60 008655 REPALCE FTXTURE - RCHMND Ro/ 06/03/20.t0 I 583.34 008655 LIGHTING REPAIR. SKATE PARK 0610212010 I 393.58 008655 ChequeAmount- 10,804.50 Page 3 Cheque Register being Cheque #8628 to Cheque #8674 inclusive, totaling $82,872.93 and Payroll Disbursements for the period Page 177 of 325 OOI543 OTTER VALLEY CHAMBER OF COMMERCE 2009.11.27 6.3 9050 MUNICIPALITY OF BAYHAM Accounts Payable Royal Bank Cheque Register- 0611012010 0611012010 1:51PM wi-fi W.FI INSTALL.ATION 0610412010 I 400.00 008658 GhequeAmount- 400.00 OOO7I6 PRAXAIR DISTRIBUTION 09077502 LEASE RENEWAL 05t2U2010 I 247.24 008659 09134198 CYLTNDER RENTAL O5t2812010 I 23.15 008659 Cheque Amount - 270.39 OOO733 R&RREFRIGERATION 300'f RooFToP MATNTENANCE 05t28t2010 I 474.81 008660 Cheque Amount - 474.81 OOI574 R-SAFETY RS-16808 SHTRTS, RATNSUTTS O6102J2010 r r,æ6.el 008661 Cheque Amount - 1,336.41 OOO743 RBCROYALBANK May45160500O4037598CANADAPOSTFLYERS-HAZDAY OSl13l2O1O I 257.29 008662 May4516050004037580 ANNUAL FEE O5lO1l2O1O I 12.00 008662 May4516050004037598 SYMANTEC 0511112010 I s52.16 008662 Cheque Amount - 821.45 000768 ROBERTRONSON 58478 ENTERTATNMENT- EDTSONFEST 06105t2010 I 195.00 008663 Cheque Amount - '195.00 OOO783 ROYAL FENCE LIMITED 42'tæ GUARD RAIL REPATRS 0512812010 I 1,130.46 008664 Cheque Amount - 'l,130.46 000806 SGSCANADAINC 10426589 LAB FEES 05t27t2010 I 1,142.95 008665 001691 TCGASPHALT 1370ø. Cheque Amount - '1,142.95 ASPHALT - PORT BURWELL v|g]¡'rlt 05t20t2010 I 5,032.86 008666 Cheque Amount - 5,032.86 001689 TILLSONBURG NEWS Ae#182222 SUBSCRIPTION RENEWAL 0610812010 I 165.17 008667 Cheque Amount- 165.17 OOO913 TOWNSHIP OF MALAHIDE 10-144 TNFORMATTON TECH MAY28/10 05t31t2010 I 1,438.49 008668 10-149 EAST ELGTN MAPPTNG PARTNERS 05t31t2010 I 8,505.01 008668 10-150 EAST ELGIN MAPPTNG PARTNERS 06t01t2010 I 1,533.91 008668 Page 4 Cheque Register being Cheque #8628 to Cheque #8674 inclusive, totaling $82,872.93 and Payroll Disbursements for the period Page 178 of 325 2009.11.27 6.3 9050 OOO93O TSCSTORESL.P. 181028000 181029981 MUNICIPAL]TYOF BAYHAM Accounts Payable Royal Bank Cheque Register - 0611012010 Cheque Amount - 0511112010 0512512010 Cheque Amount - 05t0312010 05/06t2010 0s/06Í20't0 05/06/2010 oil1?/2010 05113120'to 05n712010 ost18t2010 o5l25no10 0611012010 l:51PM CHLORINE CHLORINE 11,477.41 22.59 0086ı9 19.20 008669 OOO953 MENNAHOMECENTERLTD 350860 351026 351036 351041 35124Æ, 351316 351507 351555 351775 DRILL BIT CONCRETE MIX GARBAGE BAGS. BULBS MEASURING TAPE. CONNECTORS FUNNEL READYMIXCEMENT FLASHLIGHT MARKING PAINT, MARKER POSTS 4't.79 38.41 008670 4s.09 008670 30.01 008670 41.5',t 008670 3.15 008670 9.02 @8670 11.29 008670 19.37 008670 82.99 008670 OOO957 VOTH SALES &SERVICE LTD 0m0182987 0000182990 Cheque Amount - REPAIRA/C SYSTEM 05131120'to LIGHT NOT WORKING ON TRAILET O5,ß1N0IO Cheque Amount- o5126t2010 I Cheque Amount- 0,4.282010 I Cheque Amount- ù5n5no10 I Cheque Amount - Cheque Run Total - 280.U 1,059.19 008671 78.82 008671 0@969 VVESTBURNE RUDDY ONTARIO 3462636 LTGHTS OOO981 WLSON'S LAWN CARE sidewalksrveepfng SIDEWALKSVVEEPING 000986 WORKPI-ACE SAFETY & INSURANCE 1625314 May'10 MAY"IO REMIT 169.22 590.63 008673 1,r38.01 169.22 008672 590.63 1,904.15 æ8674 1,904.15 65,924.42 Page Cheque Register being Cheque #8628 to Cheque #8674 inclusive, totaling $82,872.93 and Payroll Disbursements for the period Page 179 of 325 8OR!l I{UNICIPALITY OF BAYHAI,I TOT PACKETS - 2 CURRENT 8,927 .40 ADJUST-DR ADP CANADA PAYROLL TECHNOLOGIES DAILY UPDATE REPORT CO].IPANY TOTÂLS ADJUST.CR CURRENT TOTAL 8,927 .40 2,L53.56 5,O92.74 I,108.42 L7 ,282.12 4t,827 .73 4L,A27 .73 59,109.85 L26.7A 6.3q 59 ,242.97 ANALYSIS OF SERVICE CI{ARGES RUN: JUN I 2010 N0: C PAGE: 130 GST REG: 100057413 RÌ0004 C0]{PANY PAGE: 5 DEBIT DATE: JUN 2, ?OLO DATE 0F PAY: JUN 4, 2OlO YTD TOTAL 95,488.95 FEDL TAX NR TAX PROV TAX 20,48L.02 Er CoNT qPIP 49 ,554.92 CAN PEN QC PEN QC HSF 10,701.66 0N EHT }IB HET NL HAPSET L76,226.55 TOT STATS CHEQUES 379,527.6A DEPoSITS US DEPS 50. OO DED DEPS 379,577.68 TOT NPAY RRSP RTI 555,804.25 T0T PAYRoL T,592.22 SERV CHRG 79.62 GST PST 557,476.07 GRAND TOT UNITS CHARGE t 46.00 FEDL TAX NR TAX PROV TAX EI CONT QPIP CAN PEN QC PEN QC HSF ON EHT IlB HET NL HAPSET TOT STATS CHEQUES DEPOS ITS US DEPS DED DEPS TOT NPAY RRSP RTI TOT PAYROL SERV CHRG GST PST GRAND TOT 2,L53.56 5,092.74 L ,LoA.42 L7 ,282.L2 4L,A27 .73 41,a27 .73 59, I 09 .85 L26.74 6.34 59 ,242.97 YlD ADJUST ITEI{ PAYROLL RUNS ITEH UNITS CHARGE SALARIED WORKPAYS 20 5I.80 PAY ADVTCE FOLD 38 8.56 TOÎAL S./C SUBJECT TO GST IS: TOTAL PAYROLL DEBIT IS ITEII HOURLY I{ORKPAYS COURIER FEE 126.7A UN¡TS CHARGEt8 2A.62I 12.00 E9 '242.97 DEBIT INFORIiIATI0N: 005 05102 1011923 C h e q u e R e g i s t e r b e i n g C h e q u e # 8 6 2 8 t o C h e q u e # 8 6 7 4 i n c l u s i v e , t o t a l i n g $ 8 2 , 8 7 2 . 9 3 a n d P a y r o l l D i s b u r s e m e n t s f o r t h e p e r i o d P a g e 1 8 0 o f 3 2 5 Request to use Municipal sign regarding "Pork Supper Fundraiser" submitted by Eden & Area Community Group. Page 181 of 325 Page 182 of 325 .l THE CORPORATION OF THE MT]NICIPALITY OF BAYHAM STAFF REPORT TO: Mayor&MembersofCouncil DATE: May31,2010 FROM: Lynda Millard, Clerk FILE: C07 SUBJECT: Compliance Audit Committee NUMBER: C2010-05 PURPOSE To recommend the establishment of a Municipal Elections Compliance Audit Committee. BACKGROT]ND Section 81 of Municþal Elections Act, 1996(MEA), pertaining to compliance audit applications has been repealed and replaced with a new section 81. A new section 81.1 has also been enacted to make compliance audit committees mandatory for all municipalities and local boards. A copy of sections 81 and 8l.l of the MEA is attached to this report. The following summarizes the requirements as set out in sections 81 and 8l .1 of the MEA: o mandatory appointment by all municipalities o minimum of three, maximum of seven members o the committee shall not include members of Council, employees or officers of the municipality or any persons who are candidates in the election for which the committee is established . appointed by October lst of election year o serves a term concurrent with the term of office of the Council that takes office following the next regular election o Clerk has specific responsibilrty for the committee The powers and functions of a compliance audit committee are as follows: o receive the auditor's report . consider a compliance audit application received by an elector and decide whether it should be granted or rejected o if the application is granted, appoint an auditor to conduct a compliance audit o consider the auditor's rqlort and if the report concludes that the candidate appears to have contravened a provision of the MEA relating to election campaign finances. The committee may commence legal proceedings against the candidate for the apparent contravention. If the report indicates that there was no apparent contravention and the committee finds that there were no reasonable grounds for the application, the council is entitled to recover the auditor's costs from the applicant. Staff Report C2010-05 regarding Compliance Audit Committee. File: C07 Page 183 of 325 Report C2010-05 -2- The Process All candidates are required to file provincially-prescribed financial statements with the Clerk detailing their campaign financing activities. An eligible elector who believes, on reasonable grounds, that a candidate has contravened the MEA, relating to campaign finances, may apply for a compliance audit of the candidate's election campaign finances. The application must be made in writing to the Clerk, including the reasons for the elector's belief that the candidate has contravened the MEA and must be made within 90 days after the latest of: (a) the filing date under section 78; (b) the candidate's supplønentary filing date, if any, under section 78; (c) the filing date for the final financial statement under section 79.7; or (d) the date on which the candidate's extension, if an¡ under subsection 80(4) expires. The Committee The proposed terms of reference attached as schedule "A" to ByJaw 2010 - 058 provides for a Municþal Elections Compliance Audit Committee composed of three (3) to seven (7) members. It is important that the Municipal Election Compliance Audit Committee members possess indepth knowledge of the campaign finance rules of the MEA so that they can make independent decisions on the merits of the applications. As the Committee will operate as a quasi-judicial commiffee, prior experience on a coÍtmittee, task force or tribunal would be an asset. A Committee composed ofprofessionals such as auditors, accountants, lawyers, academics and other individuals having a familiarity with municipal election campaign financing rules is recommended. To avoid possible conflicts of interest, anymember appointed to the Municipal Election Compliance Audit Committee, must declare that they will not prepare the financial statements of any candidate running for office on Council for the term for which the Committee is established. Therefore, anymember appointed to the Committee would have to agree to this in writing, prior to the appointment being made. Failure to adhere to this requirønent shall result in the individual being removed from the Committee. Financial Impact The municipality is responsible for any costs resulting from the review of applications submitted to the Municipal Election Compliance Audit Committee. These costs include: . Committee members'honorarium, which is being recommended to be $100.00 per member, per meeting, plus current mileage rate; . auditor's costs to perform an audit; o costs related to the Committee's operations and activities; o legal costs related to an appeal to the Ontario Court of Justice with respect to a decision of the Committee; o legal costs to undertake legal action against the candidate for violations of the elections finance provisions of the MEA. Factors involved in determining Municipal Election Compliance Audit Committee costs include the number of compliance audit applications that are received, the number of meetings that are required to be held, and the complexity of the audits that need to be conducted. It is therefore difficult to pre-determine the costs that will result from the establishment of the Municipal Election Compliance Audit Committee process, as the number of applications to be submitted Staff Report C2010-05 regarding Compliance Audit Committee. File: C07 Page 184 of 325 Report C2010-05 are unknown in advance. It is recommended that the Elections Reserve be identified as the source of finance for the operational expenses of the Municipal Election Compliance Audit Committee. It is suggested that an application filing fee of $25 be considered. Penalties The following penalties are available to the courts upon conviction of violations under the Municipal Elections Act, I996: Individual: - maximum fine of $25,000 -if convicted of a comrpt practice, automatic loss of seat and ineligible to run or be appointed to office - Couf has discretion to impose up to six months imprisonment for comrpt practice and for any other offence if the offence was committed knowingly - ineligible to be elected or appointed to any office until after the next general election if convicted of a comrpt practice Unions and Corporations: - maximum fine of $50,000 STAFF COMMENTS Staff wish to advise Council that the attached documents are the result of a combined effort between the Ministry of Municipal Affairs advisor and the CAO's and Clerks of Elgin County lower tier municipalities. Approval of the draft documents are believed to be in the best interest of all concerned in meeting the legislated requirements of the Municþal Elections Act. RECOMMENDATION *TIIAT StaffReport C2010-05 be received; THAT By-law 2010-058, being a by-law to adopt the terms of reference to establish a Municipal Election Compliance Audit Committss for the 2010 Municþat Election, as requÍred by the Municþal Elections Act, 2006, as amended, be presented to Council for enactment; AIYD THAT the source of financing for the annual operating costs of the Municipal Elections Compliance Audit Committee for the 2010 Municipal Election will be the Election Reserve." Strategic Plan Goals: Goal # I Practice responsible financial management Goal # 3 Create a positive business atrnosphere Goal# 4 Be dedicated to service excellence Goal # 6 Provide and encourage atftactive lifestyle choices 3- Respectfully submitted Lyirda Millard, Clerk Staff Report C2010-05 regarding Compliance Audit Committee. File: C07 Page 185 of 325 Staff Report C2010-05 regarding Compliance Audit Committee. File: C07 Page 186 of 325 Report C2010-05 -5- EXCERPTS FROM THE MTJNICIPAL ELECTIONS ACT. 1996. AS AMENDED Compliance audit Application e in an election and believes on that of this Act relating to election may candidate's electioï campaign .3t, Requirements (2) An application for a compliance audit shall be made to the clerk of the municipality or the secretary of the local board for which the candidate was nominated for office; and it shall be in writing and shall set out the reasons for the elector's belief. 2009, c. 33, Sched. 21, s.8 (44). Deadline (3) The application must be made within 90 days after the latest of, (a) the filing date under section 78; (b) the candidate's supplementary filing date, if any, under section 78; (c) the filing date for the final financial statement under section 79.1; or (d) the date on which the candidate's extension, if any under subsection 80 (4) expires. 2009, c.33, Sched.2l, s. 8 (44). Application to be forwarded to committee (4) Within 10 days after receiving the application, the clerk of the municipality or the secretary of the local board, as the case may be, shall forward the application to the compliance audit committee established under section 81.1 and provide a copy of the application to the council or local board. 2009, c. 33, Sched.2l, s. 8 (aa). Decision (5) Within 30 days after receiving the application, the committee shall consider the application and decide whether it should be granted or rejected.2009, c. 33, Sched.2l, s. 8 (44). Appeal (6) The decision of the committee maybe appealed to the Ontario Court of Justice within l5 days after the decision is made and the court may make any decision the committee could have made.2009, c. 33, Sched. 21, s. 8 (44). Appointment of auditor (7) If the committee decides under subsection (5) to grant the application, it shall appoint an auditor to conduct a compliance audit of the candidate's election campaign finances. 2009, c.33, Sched. 21, s. 8 (44). Same (8) Only auditors licensed under the Public Accounting Act, 2004 or prescribed persons are eligible to be appointed under subsection (7).2009, c.33, Sched. 21, s.8 (44). Duty of auditor (9) The auditor shall promptly conduct an audit of the candidate's election campaign finances to determine whether he or she has complied with the provisions of this Act relating to election campaign finances and shall prepare a report outlining any apparent contravention by the candidate.2009, c.33, Sched. 21, s. 8 (44). Staff Report C2010-05 regarding Compliance Audit Committee. File: C07 Page 187 of 325 Report C2010-05 -6- Who receives report (10) The auditor shall submit the report to, (a) the candidate; (b) the council or local board, as the case may be; (c) the clerk with whom the candidate filed his or her nomination; (d) the secretary of the local board, if applicable; and (e) the applicant. 2009, c. 33, Sched.2l, s. 8 (44). Report to be forwarded to committee (11) Within 10 days after receiving the report, the clerk of the municipality or the secretary of the local board shall forward the report to the compliance audit committee. 2009, c.33, Sched.2I, s.8 (44). Powers of auditor (12) For the purpose of the audit, the auditor, (a) is entitled to have access, at all reasonable hours, to all relevant books, papers, documents or things of the candidate and of the municipality or local board; and (b) has the powers of a commission under Part II of the Public Inquiríes Act, to theãudit as if it were an inquiry under that Act. 2009. c. 33. Sched. 21 which Part applies s.8 (44 Costs (13) The municipality or local board shall pay the auditor's costs of performing the audit. 2009, c. 33,Sched. 21, s. 8 (44). Power of committee (1a) The committee shall consider the report within 30 days after receiving it and may, (a) ir ffi'';is¿%Trr:iËrs**ËlË:'T:lîf,""å"1,låìåii fb) if the reoort conclude does not ravened a provision of this A'ct relating to finances, to whethei there were reasonable grou-nds 2009, c.3 4). Recovery of costs (15) If the report indicates that there was no apparent contravention and the committee finds that there were no reasonable grounds for the application, the council or local board is entitled to recover the auditor's costs from the applicant. 2009, c. 33, Sched.2l, s. 8 (aa). Immunity (16) No action or other proceeding for damages shall be instituted against an auditor appointed under subsection (7) for any act done in good faith in the execution or intended Staff Report C2010-05 regarding Compliance Audit Committee. File: C07 Page 188 of 325 Report C2010-05 execution of the audit or for any alleged neglect or default in its execution in good faith. 2009, c. 33,Sched. 21, s. 8 (44). Saving provision (17) This section does not prevent a person from laying a charge or taking any other legal action, at any time, with respect to an alleged contravention of a provision of this Act relating to election campaign finances. 2009, c.33, Sched. 21,s.8 (44). Compliance audit committee S1.1 (1) A council or local board shall, before October I of an election year, establish a commìúee for the purposes of section 81. 2009, c. 33, Sched. 21, s. 8 (44). Composition (2) The committee shall be composed of not fewer than three and not more than seven members and shall not include, (a) employees or officers of the municþality or local board; (b) members of the council or local board; or (Ð *å 5::r3l,ì"ältri:: Ë"ädo\1ates in the election for which the committee is established.200e, Term of office (3) The term of offrce of the committee is the same as the term of office of the council or local board that takes ofüce following the next regular election, and the term of office of the members of the committee is the same as the term of the committee to which they have been appointed.2009, c.33, Sched.2l, s.8 (aa). Role of clerk or secretary (a) The clerk of the municipality or the secretary of the local board, as the case may be, shall establish administrative practices and procedures for the committee and shall carry out any other duties required under this Act to implernent the committee's decisions. 2009, c.33, Sched. 21, s. 8 (44). Costs (5) The council or local board, as the case may be, shall pay all costs in relation to the committee's operation and activities. 2009, c.33, Sched. 21, s.8 (44). -7- Staff Report C2010-05 regarding Compliance Audit Committee. File: C07 Page 189 of 325 BY-LAW# 2010-058 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM Being a By-law to establish a Municipal Election Compliance Audit Committee in accordance with Sections 81 and 81.1 of the Municipal Elections Act, 1996, as amended WHEREAS subsection 5(3) of the Municipal Act, 2001, S.O. 2001 , c.25, as amended provides that a municipal power shall be exercised by by-law; AND WHEREAS section 9 of the MunicipalAct, 2001 provides that a municipality has the capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority under this or any other Act; AND WHEREAS subsection 10(1) of the Municipal Act, 2001 provides that a municipality may provide any service or ting that the municipality considers necessary or desirable for the public; AND WHEREAS section 81.1(1) of the Municipal Elections Act, 2006, as amended requires Councilto establish a Gompliance Audit Committee; AND WHEREAS this By-law and the Terms of Reference attached hereto comply with the Section 270 of the Municipal Act, 2001 with respect to the manner in which the municipality will try to ensure that it is accountable to the public for its actions and the manner in which the municipality will try to ensure that its actions are transparent to the public; NOW THEREFORE the Council of the Municipality of Bayham enacts as follows: 1. The attached Terms of Reference (Schedule A) to establish a Compliance Audit Committee be adopted. 2. This by-law shall come into and take effect as of the date of its final passing. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 17TH DAY OF JUNE 2O1O MAYOR CLERK Staff Report C2010-05 regarding Compliance Audit Committee. File: C07 Page 190 of 325 Schedule'A' to By-law 201 0-058 TERMS OF REFERENCE ELGIN MUNICIPAL ELECTION COMPLIANCE AUDIT COMMITTEE 1. Name of Committee The name of the Committee is the "Elgin Municipal Election Joint Compliance Audit Committee'. 2. Term of the Committee The Committee must be established before voting day and will complete its work after dealing with all compliance audit applications received from the 2010 genera! municipal election. 3. Mandate The powers and functions of the Committee are set out in subsection 81 of the Municipal Elections Act, 1996, as amended (MEA). The Committee will be required to: (a) review and consider a compliance audit application received from an elector and decide whether it should be granted or rejected;(b) if the application is granted, appoint an auditor to conduct a compliance audit;(c) receive the auditor's report;(d) consider the auditor's report and if the report concludes that the candidate appears to have contravened a provision of the MEA relating to election campaign fìnances, the committee may commence legal proceedings against the candidate for the apparent contravention; and(e) if the report indicates that there was no apparent contravention and the committee finds that there were no reasonable grounds for the application, the council is entitled to recover the auditor's costs from the applicant. 4. Composition The Committee will be composed of at least three (3) and no more than seven (7) members of the public. Members must possess an in{epth knowledge of the campaign financing rules of the MEA and therefore membership will be drawn from the following stakeholder groups: (a) accounting and audit - accountants or auditors with experience in prepiaring or auditing the financial statements of municipal candidates;(b) academic - college or university professors with expertise in political scíence or local government administration;(c) legal profession - with experience in municipal law, municipal election law or administrative law;(d) professionals who in the course of their duties are required to adhere to codes or standards of their profession which may be enforced by disciplinary tribunals;and(e) other individuals with knowledge of the campaign financing rules of the MEA. Staff Report C2010-05 regarding Compliance Audit Committee. File: C07 Page 191 of 325 It is noted that: o Members of Council, employees or offìcers of the municipalities or any persons who are candidates in the election for which the committee is established are not eligible to be appointed to the Committee, pursuant to clause 81.1(2) of the MEA.o An individual shall be deemed ineligible to be a member of the Committee if they prepare the financial statements of any candidate running for office on municipal Council during the term for which the Committee has been established.o To avoid possible conflicts of interest, an auditor or accountant appointed to the Committee must agree in writing to not undertake the audits or preparation of the fìnancial statements of any candidates seeking election to Council. Failure to adhere to this requirement will result in the individual being removed from the Committee. 5. Membershio Selection All applicants are required to complete an application outlining their qualifications and experience. The Nominating Committee consisting of the Clerks from each of the municipalities will meet to review the applications, and prepare a proposed Joint Gommittee membership list for consideration by the municipal Councils. Members will be selected on the basis of the following: (a) demonstrated knowledge and understanding of municipal election campaign financing rules and knowledge of the MEA and related regulations;(b) proven analytical and decision-making skills;(c) experience working a committee, administrative tribunal, task force or similar setting;(d) availability and willingness to attending meetings; and(e) excellent oral and written communication skills. 6. Meetinos The Committee will meet as needed, with meetings to be scheduled by the Clerk of the municipality where a compliance audit application is received, in accordance with the MEA requirements. The Clerk of the host municipality shall ensure and verify the validity of the meeting. The Glerk will contact all members to ensure a quorum of members are able to attend the said meeting. The Committee members will select a Chair from amongst its members at its first meeting. The Committee will conduct its meetings in public, subject to the need to meet in closed session for the purpose authorized under Section 239 of the Municipal Act, 2001. Meetings will be held at the location determined by the Clerk of the host municipality. Staff Report C2010-05 regarding Compliance Audit Committee. File: C07 Page 192 of 325 7. Remuneration Members of the Committee shall be paid an honorarium of $100 per meeting, plus mileage at the cunent mileage rate established by the host municipality. The Council of the host municipality shall pay all costs relative to the respective application. 8. Staff Suoport The Clerk or designate of the host municipaliÇ shall act as the Secretary to the Committee and provide support where required. 9. Aoolication Filing Fee A non-refundable application filing fee shall be $25 and shall be payable upon submission of an application. Staff Report C2010-05 regarding Compliance Audit Committee. File: C07 Page 193 of 325 APPLICATION FORM Elgin Election Joint Compliance Audit Committee Please attactr this apolication form to the front of vour resunre or brief bio (Please do not indtde a cover lefrer). PLEASE PRINT: ,{r* lnstructions for completing this Career Profile and preparing your. Please answer'yes' or'no'to each question; please do not seJgfltffiüitiQ.!þ-fp no, oro Your resume or brief trir¡ should be based on yrcur skills, epgiqffirø qtnlifii{![i{p conrparsüqü-tose ![{,ed in tne terms of reference forthe committee.¡ You should include detailed information in your resume g wfiere yor äçiiüËred'yes'¡ lndude¡or.rra:nentandpadønploye/snarnes,andw¡þeacfi job liües, dates yott wete in each pæition, and a summary of ¡ourexperience foreach positjono Please do not include copies of transcripts, license5i$Çi¡t.ûcates, etc. '* in fris application is tue and compþte, to my know'ledge. I understand that a falselcertifftethe i statement may disqualiff me.Yes tr Notr Date completed: Applicant information is collected under tfre at¡úrority of tfre MunicÍpal Freedorn of lnformáion and Prirræy þislation and will be used sûicdy for the purpose of commiftee appointments. We thank all applicanG in advance; horlrever, only those applicants selected for an interview will be contacted. (last name)(first name or name known 911 Street Address City/Town Home lf yes, name of the program: lworkshops not included above.Please lrclude ln yourrcsume ¡elevant rules? yes tr Notr Yestr No! ä of an o¡vner or tenant of land in the Are you 18 years of age? Staff Report C2010-05 regarding Compliance Audit Committee. File: C07 Page 194 of 325 q MU]VCIPALITYOF BAYHAM MEMORANDUM DATE: JUNE 1,2010 TO: Council RE: Museums Governance & Structure FROM: Lynda Millard, Clerk NUMBERz C2070-04 Fo\ Over the past several months the Museums Bayham Board has reviewed the museums governance and structure ByJaw 2006-003. The new by-law has incorporated amendments authorizedby By-law 2006-058 a¡d2008-042. Other minor changes better reflect the current operating structure of the Board including the reduction of the number of members required. Draft By-law 2010-059 incorporating these changes is attached for Council's consideration. Strategic Plan Goals include: Goal # 3 Create a positive business atrnosphere Goal # 4 Be dedicated to service excellence Recommendation: 6TTHAT Staff Memorandum C2010-04 be received; AND THAT By-law 2010-059, being a by-law to establish the Governance and Structure for the Museums Bayham Board, be presented to Council for enactment." Attach: BlL2010-059 Staff Memorandum C2010-04 regarding Museums Governance & Structure. Page 195 of 325 THE CORPORATION OF THE MI]NICIPALITY OF BAYHAM BY.LAW NUMBER 2010.059 Being a By-law to Establish Governance and Structure for the Museums Bayham Board WHEREAS the Port Burwell Marine Museum & Lighthouse and the Edison Museum of Vienna are owned and operated bythe Municipality of Bayham; AND \üHEREAS the Council of the Corporation of the Municipality of Bayham is desirous that a Board be established to be responsible for the maintenance, service, promotion and operation of the Port Burwell Marine Museum & Lighthouse and the Edison Museum of Vienna located in and under the jurisdiction of the municipality; AND WHEREAS the Council is desirous that such provision be approved by By-law; THEREFORE BE IT RESOLVED TIIAT the Council of the Corporation of the Municipality of Bayham enacts as follows: 1. THAT the premises known municipally as 20 Pitt Street and 17 Robinson Street and known as the Port Burwell Marine Museum and Lighthouse, respectively, shall continue to be maintained and identified as the Port Burwell Marine Museum and Lighthouse; 2. TIIAT the collection presently housed in the Port Burwell Marine Museum will continue to be housed in the Museum and named the Port Burwell Marine Museum Collection and catalogued as such; 3. THAT the premises known municipally as 14 Snow Street, and known as the Edison Museum of Vienna shall continue to be maintained and identified as the Edison Museum of Vienna; 4. THAT the collection presently housed in the Edison Museum of Vienna will continue to be housed in the Museum and named the Edison Museum of Vienna Collection and catalogued as such; 5. TIIAT the vacant municþal property at 6342 Plank Road be acknowledged as the proposed site for a potential new Edison Museum facility; 6. THAT the Council of The Corporation of the Municipality of Bayham hereby establishes a museums board to be known as the "Museums Bayham" Board whose structure is set out in Schedule "A" attached hereto and formingpart of this by-law; 7. TIIAT the said Board shall be considered as a Board of Council and all members of the board shall be appointed by Council as set out in the structure; 8. TIIAT the said Board shall operate in accordance with the said Structure being hereby adopted; Staff Memorandum C2010-04 regarding Museums Governance & Structure. Page 196 of 325 -2- 9. THAT By-laws 2006-003 being a by-law to establish governance and structure for the Edison Museum of Vienna Board and the Port Burwell Marine Museum Board, respectively, and any amendments thereto be hereby repealed; 10. AI\D THAT this By-law establishing the "Museums Bayham" Board as set out in said Schedule"A" attached shall come into full force and effect upon enactment. READ A FIRST, SECOND AND TIIIRD TIME AND FINALLY PASSED TIIIS 17TH DAY oF JTINE. MAYOR CLERK Staff Memorandum C2010-04 regarding Museums Governance & Structure. Page 197 of 325 Bayham Museums Governance & Structure Schedule ".A" to B/L 2010-059 BAYIIAM MUSEUMS BOARD STRUCTURE AND OPERATIONS Name This board shall be named Museums Bayham Board (the "Board") and shall be responsible for the maintenance, service, promotion and operation of the Port Burwell Marine Museum & Lighthouse and the Edison Museum of Vienna sites. 1. Mission Statement Museums Bayham exists to educate the citizens of Bayham and the community beyond about the history of the Bayham area. This includes Port Burwell and its lighthouse in relation to the local and marine heritage of the Great Lakes, and also Vienna's Canadian connection to the Thomas Alva Edison family heritage, fostering an appreciation for the relationship of Bayham's past to its present and future development. To this end, Museums Bayham collects, records, preserves, researches, shares, promotes and presents exhibits and interprets documents and a¡tifacts related to the history of Bayham. 2. Mandate The Marine Museum and Ligtrthouse have been established to serve the inhabitants of Port Burwell and the Bayham area, with a strong appeal to tourists visiting the region. The museum collection will focus on marine documentation and artifacts that illustrate the relationships between marine life on the Great Lakes together with domestic and commercial life of the Village as a port on Lake Erie. The Edison Museum has been established to promote recognition of the extent and impact of Thomas Alva Edison, the inventor, on the local area" and world wide, by his many inventions and family artifacts on displa¡ and promote and preserve the historical artifacts and records of the Bayham area and its inhabitants. The Board is established to be responsible for the maintenance, service, programming, and operation of the museums, being subject to budgetary requirernents and limits, as approved by the Council of the Municipality of Bayham, following the procedures and policies approved by Bayham Council. The Board shall work towards compliance with Provincial govemment standards and policies for Museum operations. The Board will communicate and work with local historical and heritage related organizations for the benefit of the Bayham museum sites and collections. -3- Staff Memorandum C2010-04 regarding Museums Governance & Structure. Page 198 of 325 Bayham Museums Governance & Structure Schedule "A" to B/L 2010-059 - 4 - 3. Policv & Procedure for Service and Operation Programming / Planning & Operation The Board with assistance of Staffwill be responsible for the proparation and review of policies and procedures for service, operation, programming, and long-term planning goals for the museums. Artifacts Ownership of any and all donated items lies with the Municipality of Bayham, who will provide adequate insurance coverage including on-loan items, subject to consideration of recoûrmendations of the Board. Acquisition, disposal, and records of documents, objects and artifacts will be governed by the Museums' collection development and management policy as adopted by the Council of the Municipality upon recoÍrmendation of the Board. Ownership by the Municþality of Bayham may be assigned to its successors, administrators and assigns absolutely. Displays and exhibits will be approved by the Board. Finance and Budgeting The Board, with the assistance of appropriate staff, will prepare, review and submit annual operating budget requirements, including long-term capital projects, to the municipal administration, for Council's consideration and approval annually as required. The Board will monitor the budgets throughout the year. Reserves/Reserve Funds may be established as approved by Council through the budget process. A Board or staff representative may present the museums annual budget submission, at its discretion, to Council. Bequests and financial donations will be accounted for through Municipal administration. Purchasing Board members / Stafq as applicable, may make purchases in accordance with the Municipal Purchasing policy. Any such purchases must be within the Budgets established and approved by Council, and must be approved by the Board. A Petty Cash Fund(s) may be permitted at the discretion of the Board. Such petty cash fund will be administered by the Curator or by staff. Iluman Resources The Museums and staff shall be governed by Council through the Administrator in accordance with municipal policies and procedures. The Board will provide general direction of staff at the museums, assisted by municipal staff as appropriate, within the guidelines of the annual budget and personnel policy, as approved by Council. Staff Memorandum C2010-04 regarding Museums Governance & Structure. Page 199 of 325 Bayham Museums Governance & Structure Schedule "4" to B/L2010-059 In the absence of a curator position, the Board, through Municipal staft as appropriate, will be responsible for overall general direction of museum staff. A policy pertaining to use and direction of volunteers will be established by the Board and approved by Council. Special Events and Exhibits The Board, with assistance of museum staff and volunteers, may undertake special events, displays, and exhibits at its discretion, within the guidelines of the annual operating budget as approved by Council. Fundraising and l)onations The Board, with assistance of museum staff and volunteers, will undertake and promote fundraising and donation programs to the best of its ability. Such programs may be for general operating assistance or special programs/capital projects (approved by Council). All accounts shall be accounted for through Municipal administration. Facility Management The Board will provide inpulinformation to municipal administration for the Capital and Operating needs of Museum facilities. Such needs must be considered in the preparation of budgets presented to Municþal Council. Board Operations Board Operations/Officers shall be in accordance with Section 4 "Structure" of this document. The Municþality will provide appropriate Municipal staffresources to assist the Board as necessary. For greater clanty, details of operational roles and responsibilities a¡e outlined in the Summary of Roles and Responsibilities attached hereto as Appendix "4". 4. Structure Meeting Schedule The Board shall meet on a regular and as needed basis, a minimum of eight (8) times a year, at a time and place as agreed by members. Special meetings may be called by the Chairman or at the request of two Board members. The Board shall have prepared agendas and minutes for each meeting held. 5 Staff Memorandum C2010-04 regarding Museums Governance & Structure. Page 200 of 325 Bayham Museums Governance &. Structure Schedule "rr"' to B lL 20 l0 -059 Open and Closed Meetings 1. Shall be consistent with the requirements of the Municipal Act, or other legislation as applicable, and shall be open to the public. Meetings will follow the rules and guidelines set out in the Municipality of Bayham's Procedural By-law 2002-93 concerning the rules governing order and procedure of Council and its committees. 2. All special meetings of the Board, its sub-committees or Committee of the Whole shall be open to the public unless subject matters being considered relate to:. the security of Bayham Museum properties;. personal matters about an identifiable individual;¡ a proposed or pending acquisition or sale of property;. labour relations or employee negotiations; ' litigation or potential litigation affecting Bayham Museums;. consider a request under the Municþal Freedom of Information and Protection of Privacy Act, or other Act. 3. No recommendation can be considered or a decision made except by the Board at a regular or special meeting open to the public. Implementation l. All recommendations made by sub-committees of the Board shall be made to the Board in writing. 2. If a Board or committee meeting is closed to the public, the secretary shall record: a) the holding of the closed meeting; and b) the subject matter of the closed meeting in the minutes of the meeting. 3. Before holding a closed meeting, a motion must be passed stating that the meeting is closed and the general nature of the matter to be discussed. Membership The Board shall consist of a minimum of eleven (11) members, including six (6) community members one (1) member from the Port Burwell Historical Society and one (1) member from the Bayham Historical Society, one (l) expert rqlresentative from a professional heritage facility (active or retired), as possible, one (1) member of Council, and a curator/municipal staff liason (non-voting) position. Council will encourage membership from the Bayham community that will support the mandate and success of the museum facilities. -6- Staff Memorandum C2010-04 regarding Museums Governance & Structure. Page 201 of 325 Bayham Museums Governance & Structure Schedule "4" to BIL2010-059 Term of Office 7 Members of the Museums Bayham Board shall continue in office until their respective successors are appointed by Council. With the exce,ption of the representative(s) on Bayham Municipal Council, who shall be appointed on annual basis and whose term shall end November 30th, all other members shall be appointed for a term of four years and provision shall be made for members to serve for four years so that the expiration of members' terms is on a "staggered" basis, with succeeding years to be for a period of four years. Persons serving on the Board shall be eligible for re-appointment, but shall not be eligible for the same position for a period of more than six continuous years. After an absence of not less than one year, such person shall be eligible for re-appointrnent. Quorum A quorum for Board meetings shall be 50yo +l of members, or five (5) members being present. Deputations Deputations shall be held at the beginning of each meeting. All meetings shall go "In Camera" at the discretion of the Chairman, or a majority vote of members present, subject to the provisions of the Municþal Act. Elections Nominations for Officers shall be held in November for the following year. Year end shall be December 31. New Officsrs assume positions January l. Offïcers Officers shall consist of a Chairman, Vice Chairman, selected from the members. In addition to the duties outlined in this document, the Board may prepare more detailed position descriptions. The Curator may serve as Secretary. but is not a voting member of the Board. Duties Chairman Prepares an agenda for each meeting (with the assistance of the Secretary). Conducts meetings Reviews minutes prior to circulation to members, signs minutes upon approval. Staff Memorandum C2010-04 regarding Museums Governance & Structure. Page 202 of 325 Bayham Museums Governance & Structure Schedule "4" to B/L2010-059 äffi.J,iii"å':#"ïti#J Board' council' Municipal staff, and other . Makes announcements of interest to members.. Makes him/herself aware of the business to come regularly before the meeting.. Is informed of Museum,/Board activities. Vice Chairman . Presides as Acting Chairman in absence of Chairman o Acts as museum liaison with other museums to confirm upcoming exhibits/events, and identiS opportunities for shared resources. Secretary . Keeps accurate record (minutes) ofproceedings of meetings (resolutions and decisions), signed upon completion and forwards a draft copy to the Clerk for inclusion with the Council agenda. . Ensures minutes are reviewed for accuracy atthe next Board meeting, approved by members and signed by the Chairman.. Assists the Chairman in pre,paration of agendas.. Keeps a meeting attendance record of current members.. If unable to attend a meeting, sees that the minute book and other correspondence and information are forwarded to the Chairman prior to the meeting.. Maintains all documents, information, and correspondence belonging to the Board.. In the absence of the Secretary, an acting Secretary shall be appointed from the membership. Members . Are responsible to attend meetings regularly, at the appointed time.. Support the purpose and objectives of the Board.. No member shall exercise the right to more than one vote. Volunteers . The Board may, and is encouraged, to utilize additional volunteers who may participate, but not vote, at Board meetings. Volunteers may attend or provide assistance to the Board for general matters or items such as special events. The Board should appoint volunteers by motion for the purpose of participation in such special events, and may include note in the minutes of Board meetings of attendance of such volunteers. New Members . Potential new members shall attend a minimum of three (3) regular meetings of the Board prior to consideration for appointment as a member. The Board shall recommend names of volunteers to Council for appointment to the Board. . May be solicited from the public through media or other means. -8- Staff Memorandum C2010-04 regarding Museums Governance & Structure. Page 203 of 325 Bayham Museums Govemance & Stn¡cture Schedule "4" to BlL20L0-059 -9 - Absentee . If a member misses more than three (3) consecutive meetings, except for health or special circumstances, the remaining members of the Board may request Council to appoint a recornmended replacement for the remainder of the term. Resignations . Upon the resignation of a member of the Board, the Board shall recommend a new member to Council to fill the vacancy. Establishment of Sub-Commiftees/\üork Groups It is anticipated that for various projects and interests that sub-committees such as the Friends of the museum(s), fundraising events or capital project work-groups (ex. Edison building project), composed of Board members and/or other volunteers, may be formed by the Board to focus on one component of an action plan, a specific task, or areas of special interest. Each sub-committee will be responsible to and report directly to the Museums Bayham "Board". Minutes of each sub-committee shall be provided to the "Board" on a regular and timely basis. The Chairman of each sub-committee will be an active Museums Boa¡d member. The Chairman shall name a secretary for the committee from the membership. Council approval shall be required for additional staffsupport and/or resources. (a) Establishment of Edison Museum of Vienna Building Committee Mission The Edison Museum of Vienna Building Committee is established to undertake the necessary steps and actions to establish a new facility that will preserve, protect and promote the Edison Museum of Vienna collection. Structure and Guidelines The Committee shall consist of a minimum of three (3) and a maximum of nine (9) volunteer members to be recommended by the Committee to the Museums Bayham Board for appointment / reappointment. A Chairman shall be selected from the membership and appointed / reappointed by the committee members on an annual basis. A Recording Secretary shall be appointed by the committee to take minutes of meetings held. The Committee shall report to the Museum Bayham Board through the submission of draft minutes provided in a timely manner. The Committee mayreport directlyto Council as deemed appropriate. The Committee shall provide adraft.budget annually in November, as appropriate, for inclusion in the Museums Bayham Board budget drafted for Council consideration. Staff Memorandum C2010-04 regarding Museums Governance & Structure. Page 204 of 325 Bayham Museums Governance & Structure Schedule "4" to B/L 2010-059 - l0 - 5. Dissolution of Assets and Liabilities In the event that Council for the Municipality of Bayham, or its successors, should determine to cease operation of either Museum facilit¡ all artifacts may be donated to Ontario Museums of like interest or sold by the Municipality, and proceeds may be used to support local culture and heritage priorities. 6. Leeislative Requirements The Museums Bayham Board will recognize its obligation to ethical behaviour and avoidance of conflict of interest, as a body and as individuals, as well as its obligation to meet municipal, provincial, and federal legislative requirements and those international agreements ratified by the federal government in its decisions and activities. The Curator or the municipal Administrator advises the Board of this requirement. 7. Responsibilities l) The Board ensures that the purposes for which the museums exist are being tulfilled. 2) T\e Boa¡d safeguards Bayham Museums' assets, including the collection and its care, on behalf of the community and is accountable to the Municipality of Bayham. 3) The Board, with the assistance of municipal staff, gives general direction, guidance and instruction to museum staff, and provides input for the annual performance appraisal of the curator. 4) The Board with the assistance of municipal staff, and subject to Council approval, writes, monitors and reviews policies and standards and recommends any changes to Council. 5) The Board serves as a liaisonbetween the Bayham community and Bayham Museums. 6) The Board, with assistance of municipal staff, develops and writes strategic, five year and other museum plans for approval by Council. 7) A Board member attends Board meetings regularl¡ is responsible for being familiar with and respecting the policies, activities and operations of Bayham Museums, and follows ethical guidelines for professional conduct. 8) A Board member attends and supports museums functions, events, activities and programs. 9) The Curator implements Council approved policy. Staff Memorandum C2010-04 regarding Museums Governance & Structure. Page 205 of 325 Bayham Museums Govemance & Structure Schedule "A" to B/L2010-059 - ll - 8. Establishment of Events: The Museums Bayham Board may establish events and activities to:r promote the Bayham Museums and collections! raise funds to support the establishment of a new Edison facility and/or other priorities as directed by the Museums Bayham Board. Structure and Guidelines Events maybe created by the Museums Bayham Board upon recommendation as appropriate. Upon the establishment of an event, the Board shall direct the intended use of net proceeds/revenues from such event. Organizers of an event maypartner with another committee of Council, community goup or organization for the conduct of such event activities. A Group Leader for each event established, will be appointed by the Museums Bayham Board on an annual basis. The Group Leader for each event will select and appoint volunteer members for support and assistance and provide a list of such volunteers to the Museums Bayham Board and the Clerk for information. A Recording Secretary will be appointed for each Committee to record minutes of meetings held. The Group Leader will report to the Museum Bayham Board through the submission of minutes or through an annual report. The Group Leader may report directly to Council as deemed appropriate. The Group Leader will provide a draft event budget annually in November, as appropriate, for inclusion in the Museums Bayham Board budget drafted for Council consideration. EVENTS The Museums Bayham Board hereby establishes the following events: (a) EdisonFest Mission The EdisonFest Workgroup is established to conduct an annual event and activities to: o promote the Edison Museum and its collection; o raise funds, with net proceeds to support the establishment of a new Edison Museum facility. Staff Memorandum C2010-04 regarding Museums Governance & Structure. Page 206 of 325 Bayham Museums Govemance & Structure Schedule "A" to B/L 2010-059 - 12 - (b) Edison Mystery Mission The Edison Mystery \Morkgroup is established to conduct an annual event and activities to: o promote the Edison Museum and its collection;o raise firnds, with net proceeds to support the establishment of a new Edison Museum facility. Staff Memorandum C2010-04 regarding Museums Governance & Structure. Page 207 of 325 Bayham Museums Governance & Structure Schedule "A" to B/L 2010-059 - 13 - APPENDIX "A" to Schedule,,4" By-law 2010-059 "MUSEUMS BAYHAM". SUMMARY OF ROLES AND RESPONSIBILITIES Port Bunrell Marine Museum & Lighthouse & Edison Museum of Vienna Responsibility performed By: Notes: Program m in g/Strategic Planning: Policies & Procedures Board assisted by Staff Approved by CouncilTours Staff /Board Hours of Operation Board (subject to Budgets) Artifacts: Acquisition/Cataloging/Disposal Curator / approved by Board Disposals approved by Council Maintenance & Conservancy Curator/Board Reserves as approved by CouncilDisplays/Exhibits Curator/determined & approved by Board Finance & Budgeting: Preparation & Submission Board assisted by Staff Approved by Council Accounts - payment Board & Staff at Board direction Maintenance & Monitoring Budget Staff Monthly Reporting Staff Detailed General Ledger Reports Staff Reserves/Reserve Funds Board identifies/recommends transfers/capital projects Approved by Council Grant ldentification & Applications Staff at Board Direction Purchasing: Supplies & Repairs Staff/Board members at Board Direction -follow municipal policy Capital & Tenders i Quotes Staff/Board members at Board Direction-follow municipal policy Human Resources: Staff Levels Board (subject to Budgets) Subject Job Descriptions Board with Staff Assistance To S t a f f M e m o r a n d u m C 2 0 1 0 - 0 4 r e g a r d i n g M u s e u m s G o v e r n a n c e & S t r u c t u r e . P a g e 2 0 8 o f 3 2 5 Bayham Museums Governance & Stnrcture Schedule ",{" to B/L 2010-059 - 14 - Rates of Pay Board (subject to Budgets/grants) Council Hiring (interview, selection) Staff with Board Assistance Approval Supervision & Direction Curator/Board with Staff Assistance General direction, assignment of daily work. Staff to Grievances & lnvestigations Staff with Board Assistance review time sheets etc.Orientation Curator/Board with Staff Assistance Special Events & Exhibits: Organization & Staffing Board with Staff support Fundraising & Donations: General Board with Staff support Long Term Capital Board with Council/Staff support Grant Applications curator/staff with Board assistance/support Reserve Fund Board to make recommendations Approved by Council Facility Management: Capital (lmmediate & Long Term) Board to recommend through budget process etc. Approved by Council Daily Maintenance of: - Minor Repairs Appropriate Staff at Board Request - Landscaping Appropriate Staff - Snow removal Contractor/Appropriate Staff Contract approved by Council - Flags PW Staff at Board/Curator request - Fire Extinguishers Ongoing-Staff, Annual lnspection by contractor - Alarms Ongoing-Staff, Annual Inspection by contractor - Janitorial Contractor-spring clean + Staff Contract approved by Council - Winter Shutdown Students/Curator Board & Committee Operations: Agendas, Minutes & Follow-up Curator with assistance of Board Chairman Board reports to Council through mínutesResearch Staff/Board/Volunteers / recommendations Sub-committees report to "Board" through minutes/recommendations S t a f f M e m o r a n d u m C 2 0 1 0 - 0 4 r e g a r d i n g M u s e u m s G o v e r n a n c e & S t r u c t u r e . P a g e 2 0 9 o f 3 2 5 Page 210 of 325 ? TO: Mayor & Members of Council FROM: Kyle Kruger, Administrator SUBJECT: Municipal Drinking'Water Licence - Financial Plan DATE: June 11,2010 FILE: NUMBER: E2010-09 Purpose This report is to recommend obtaining assistance to complete a Financial Plan as required by the recently approved Municipal Drinking V/ater Licence. Background In accordance with the Safe Drinking Water Act, 2002, the Municipality of Bayham was successful in obtaining its first Drinking Water Works Permit and Municipal Drinking Water Licence in March 2010. This licencing system replaces the former "Certificate of Approval" process utilized for a number of years. In order to operate its water distribution system, the Municipality is required to maintain its Drinking Water Licence. One of the requirements for maintaining these licences with the Province is for municipalities to prepare, approve and submit financial plans that satisff the requirements of Ontario Regulation 453/07. This plan must be completed by the later of July 1, 2070, or six months afterthe issuance of the first licence. For Bayham, the deadline date is therefore September 12,2010. Staff Comments Much of the necessary background required for a financial plan is generally available in the municipal rate study in200612007, and our recent PSAB process. However, in order to complete the required financial plan in accordance with the subject Regulation, it is necessary to both update the rate study and draw upon various aspects of our PSAB information. It had been hoped that staff would be able to accommodate this project internally, however with the vacartcy in the Treasurer position for a portion of 2010, staff suggest we may not be able to comply with the September deadline. Staff have therefore been in contact with Watson and Associates, to discuss utilizing their services. This firm is well versed with the requirements for these financial plans, and are in process or have completed this for a number of municipalities. Additionally, this is the firm that prepared our 2006 rate study and has provided assistance in developing our PSAB policies and information. A quote has been provided to complete an update of the rate study and completion of the financial plan by the September deadline, in the amount of $7,000. Financing for the project would be from water feserves. Strategic Plan Goal(s) Goal#2 - Ensure reliable, well maintained and secure infrastructure Recommendation THAT Watson and Associates be retained to complete a Financial Plan for the Municipal Drinking Water System in accordance with O. Reg 453107. Staff Report E2010-09 regarding Municipal Drinking Water Licence - Financial Plan. Page 211 of 325 Page 212 of 325 ,ì CORPORATION OF THE MUNICIPALITY OF BAYHAM STAFF MEMORAI\DT]M TO: Mayor & Members of Council FROM: Kyle Kruger, Administrator SUBJECT: Placement of "Abandoned" Cemetery Markers DATE: June 7,2010 FILE: Council will recall the recent request made by Ms. Wanda Hoshal regarding repair and placement of cemetery markers that have been stored at the municipal public works yard. After some discussion, staff suggested some consultation with the Cemeteries Regulation Branch regarding placement of these and any other "abandoned" cemetery markers. Staff have heard back from the Cemeteries Branch, with the following information: 1. If for certain, these markers are from the exact cemetery concemed, they may be retumed to the cemetery. Because it is unknown where the individual's lot for these markers would be, the markers will have to be placed in some kind of memorial, or caim. 2.If the owner (the Municipality in most cases) is satisfied that the names on the markers are reflective of those within the subject cemetery, they can be moved there. However, there should be no foundations or similar digging, and the markers should simply be laid flat. Also, the Cemeteries Branch should be advised for their records. The summary of the information from the Cemeteries Branch is that unless you have documentation to conclude that aheadstone is from that particular cemetery, or that the individual is actually interred there, the stone does not go into a cemetery. Installing a stone that does not belong disrupts the history - heritage and genealogy, of a cemetery. Staffare advised that in the past, stones have been replaced for various reasons and the defective stone may have been used for other purposes. In the situation that aheadstone cannot be installed in cemetery, staff are advised that the Cemeteries Act does not address these kinds of issues. The Cemeteries Branch suggests it may be used for any other purposes (could be local museum etc.). Staff Memorandum regarding Placement of "Abandoned" Cemetery Markers. Page 213 of 325 Page 214 of 325 Municipal Assistance Applications Summary - 2010 (as amended) March 2010 ? trtl Received $1333 in 2008 lAnange for 9 portable washrooms + 2 wash stations Revcnuos & Expenditures provided + Events listing & Road I closure request form Yes- East beach ^ *- .for Tub daze (July 30,3 I & Assist w/ putting up posts for fence @ east beach + provide picnic tables & garbage cans for Tub Daze + road closures for Santa parade (Dec 4) Burw e I l/O ttervall ey Optimist s *added June l/10 assist with a communþ festival (Tub daze) & the Pt Burwell Santa Claus parade M u n i c i p a l A s s i s t a n c e A p p l i c a t i o n f r o m P o r t B u r w e l l / O t t e r v a l l e y O p t i m i s t s r e g a r d i n g T u b d a z e a n d t h e P o r t B u r w e l l S a n t a C l a u s P a g e 2 1 5 o f 3 2 5 Page 216 of 325 /c Elgin Primary Water Su M U NI OI PALITY TF fi ,.{YE{,qft]I June 10,2010 The Municipality of Bayham PO Box 160 Staffordville, ON NOJ 1Y0 Re: 2009 Year End Financial lnformation Please find enclosed a copy of the audited 2009 year end financial reports. Also enclosed is a schedule for the Elgin Area Primary Water Supply System that sets out the percentage of flow information by municipality indicating the proportionate share of the 2009 year end balances for the system. You may be required to include the information in a note to your financial statements relating to contributions made to a proportionately consolidated Joint Board. You may also be required to report the actual amount for contributions made to the consolidated Board in the form of user rates for water consumption. lf you have any questions, please contact me at 519 661 -2500 ext. 5274. Síncerely yours, Rick Brown Financial Manager Elgin Area Primary Water Supply System RB/Kt Correspondence dated June 10, 2010 from Elgin Area Primary Water Supply System regarding "2009 Year End Financial Page 217 of 325 Elgin Area Water SupplY SYstem lnformation for Notes to Financial Statements - Period Ending December 31, 2009 Participating Municipalities London Bayham Central Elgin Port Stnaley Malahide Port Burwell Southwold Talbotvillè, Sheddon Thomas Percentage (Based on Flow) 51.50% 7.54o/o 1.05o/o 3.20o/o 0.82o/o 7.55% 28.35o/o Correspondence dated June 10, 2010 from Elgin Area Primary Water Supply System regarding "2009 Year End Financial Page 218 of 325 Financial Statements of ELGIN AREA PRIMARY WATER SUPPLY SYSTEM December 31, 2009 Correspondence dated June 10, 2010 from Elgin Area Primary Water Supply System regarding "2009 Year End Financial Page 219 of 325 KPMG LLP Chartered Accountants 140 Fullarton Street Suìte 1400 PO Box 2305 London ON N6A 5P2 Canada Telephone (519)672-4880 Fax (519) 672-5684 Internet www kpmg ca AUDITORS'REPORT To the Members of Elgin Area Primary Water Supply System We have audited the statement of financial position of Elgin Area Primary Water Supply System as at December 31,2009 and the financial activities, and cash flows for the year then ended. These financial statements are the responsibility of the Company's management. Our respons¡bil¡ty is to express an opinion on these financial statements based on our audit. We conducted our audit in accordance with Canadian generally accepted auditing standards. Those standards require that we plan and perform an audit to obtain reasonable assurance whether the financial statements are free of material misstatement An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. ln our opinion, these financial statements present fairly, in all material respects, the financial posit¡on of Elgin Area Primary Water Supply System as at December 31, 2009 and the results of its operations and its cash flows for the year then ended in accordance with Canadian generally accepted accounting principles. Our audit was conducted for the purpose of forming an opinion on the basic financial statements of the Elgin Area Primary Water Supply System taken as a whole. The 2009 budget information included in the schedules is presented for purposes of additional analysis and is not a required part of the basic financial statements. Such supplementary information has not been subjected to the auditing procedures applied in the audit of the basic financial statements. Chartered Accountants, Licensed Public Accountants London, Canada April20,2010 KPMG LLP rs a Canadran |mrled habrlrty partnershrp ând a member f¡rm of the KPMG network of rndependent member frms affilated wrth KPMG lnternâtronal, a Swrss cooperatrve KPMG Canada provrdes servrces to KPMG LLP Correspondence dated June 10, 2010 from Elgin Area Primary Water Supply System regarding "2009 Year End Financial Page 220 of 325 ELGIN AREA PRIMARY WATER SUPPLY SYSTEM Statement of Flnanclal Posltlon As at December 31, 2009 Flnanclal assets Cash and shol-term investments (note 4) (Restated - note 2) 6,497,418 7,509,999 Trade and other receivables 904ffiTotal financial assets Flnanclal llabillties Accounts payable and accrued liabilities Accrued interest on long-term debt 1,429,360 151,877 2,099,601 164,133 debt (note 5 148 6,922,681 labllltles 7 186,415 Net debt (1,569,006)(772,193) Non-financlal assets Tangible capital assets (note 6)22,606,474 19,933,274 Prepaid expenses 2,348 , - The accompanylng notes are an integral paft of these financial statements. Correspondence dated June 10, 2010 from Elgin Area Primary Water Supply System regarding "2009 Year End Financial Page 221 of 325 ELGIN AREA PRIMARY WATER SUPPLY SYSTEM Statement of Operatlons Year ended December 31, 2009 Revenues User charges Other investment Transfer payments Other (Unaudited) 7,394,252- note 2) 6,829,222 7,031,107110,775 279,743 61,892 388,817 612,277 Total revenues 7.394.252 7.390,706 7,923,127 Expenses Salaries, wages and benefits Materials and supplies Contracted services Rents and financial expenses lnterest on long-term debt Amortization 410,774 3,161,596 139,800 18,400 405,752 9,194 405,762 8,604 432,805 3E3,065 254,401 2,943,976 2,910,354 494,563 195,735 1,245,373 1,081,204 Expenses billed 147,346 131,048 142,025Totalexpenses 4,283,658 5,612,971 5,025,128 Accumulated surplus, beglnning of year(note2and 71 19,161,081 19,161,081 16,263,083 Accumulated surplus, end of year (note 7)22,271,675 20,938,816 19,161,081 The accompanying notes are an integral part of these financial statements Correspondence dated June 10, 2010 from Elgin Area Primary Water Supply System regarding "2009 Year End Financial Page 222 of 325 ELGIN AREA PRIMARY WATER SUPPLY SYSTEM Statement of Net Debt Year ended December 31, 2009 Annual surplus Acquisition of tangible capital assets Change in net debt Net debt, beginning of year 1,777,736 2,897,999 (3,817,673) (4,080,783) (794,465) (101 ,579) Prepald expenses (2,348) - (796,813) (772,1531 (101,57e) (670,614) The accompanying notes are an lntegral part of these financial statements. Correspondence dated June 10, 2010 from Elgin Area Primary Water Supply System regarding "2009 Year End Financial Page 223 of 325 ELGIN AREA PRIMARY WATER SUPPLY SYSTEM Statement of Cash Flows Year ended December 31 | 2009 2009 Cash provlded by: Operatlng actlvlties: Annual surplus Items not involving cash: Amortization Change ln non-cash assets and liabllltles: Prepaids Trade and other receivables Accounts payable (Restated - note 2) 1,777,736 2,897,999 1,246,373 1,081,204 (2,348) (2,7381 (191,817) (670,2411 704,022 Accrued interest on lo4glerm debt @t¡ng actlv¡t¡es 2,335,525 4,479,809 Capltal activlties: Purchase of useo ln ca ,080,7 7 7 Flnanclng activltles: of lonq{erm dobt Cash in financlns activities Net change ln cash and short-term investments Cash and short-term investments, beginnlng of year (2,012,58U (104,909) 7,509,999 7,614,908 Cash and short-term lnvestments, end of year 6,497,418 7,509,999 The accompanying notes are an integral part of these financial statements. Correspondence dated June 10, 2010 from Elgin Area Primary Water Supply System regarding "2009 Year End Financial Page 224 of 325 ELGIN AREA PRIMARY WATER SUPPLY SYSTEM Notes to Financial Statements Year ended December 31, 2009 1.Significant accounting policies The financial statements of the Elgin Area Primary Water Supply System are the representation of management, prepared in accordance with Canadian generally accepted accounting principles as defined in the Canadian lnstitute of Chartered Accountants Public Sector Accounting Handbook. Since precise determination of many assets and liabilities depends upon future events, the preparation of periodic financial statements necessarily involves the use of estimates and approximations. (a) Accrualaccounting Sources of financing and expenses are reported on the accrual basis of accounting, (b) Non-financialassets Non financial assets are not avallable to discharge existing liabilities and are held for use in the provision of services, They have useful lives extending beyond the current year and are not intended for sale in the ordinary course of operations. i) Tangible capital assets Tangible capital assets are recorded at cost which includes amounts that are directly attributable to acquisition, construction, development or betterment of the asset. The cost, less residual value, of the tangible capital assets, excluding land and landfill sites, are amortized on a straight line basis over their estimated useful lives as follows: Asset Useful Life - Years Land improvements Buildings and building improvements Vehicles Machinery and equipment Water and wastewater infrastructure 3-50 10-60 4-12 3-60 10 - 100 Annual amortization is charged in the year of acquisition and in the year of disposal using the half year rule. Assets under construction are not amortized until the asset is available for productive use. ii) Contributions of tangible capital assets Tangible capital assets received as contributions are recorded at their fair market value at the date of receipt and also are recorded as revenue. ¡¡i) lnterestcapitalization The ínterest costs associated with the acquisition or construction of a tangible capital asset are not capitalized, Revenue recognitlon The Company recognizes revenue when water is drawn by each customer, collection of the relevant receivable is probable, persuasive evidence of an arrangement exists and the sales price is fixed or determinable. (c) Correspondence dated June 10, 2010 from Elgin Area Primary Water Supply System regarding "2009 Year End Financial Page 225 of 325 ELGIN AREA PRIMARY WATER SUPPLY SYSTEM Notes to Financial Statements Year ended December 31, 2009 (d)Use of estimates The preparation of financial statements in conformity with Canadian generally accepted accounting principles requires management to make estimates and assumptions that affect the reported amounts of assets and liabilities and disclosure of contingent assets and liabilities at the date of the financial statements and the reported amounts of revenues and expenses during the year. Significant items subject to such estimates and assumptions include the valuation allowances for receivables. ln addition, the City's implementation of the Public SectorAccounting Handbook PS 3150 has required management to make estimates of historical cost and useful lives of tangible capital assets, Actual results could differ from those estimates. Change in accounting policies The financial statements of the Elgin Area Primary Water Supply System have implemented Public Sector Accounting Board ("PSAB") sections 1200 Financial Statement Presentation and 3150 Tangible Capital Assets. Section 1200 establishes general reporting principles and standards for the disclosur.e of information in government financial statements. Section 3150 requires governments to record and amortize their tangible capital assets in thelr financial statements. ln prior years, tangible capital asset additions were expensed in the year acquisition or construction. Methods used for determining the cost of each maJor category of tangible capital assets The financial information recorded includes the actual or estimated'historical cost of the tangible capital assets. When historical cost records were not available, other methods were used to estimate the costs and accumulated amortization of the assets. The Elgin Area Primary Water Supply System applied a consistent method of estimating the replacement or reproduction cost of the tangible capital assets for which it did not have historical cost records, except in circumstances where it could be demonstrated that a different method would provide a more accurate estimate of the cost of a particular type of tangible capital asset. After defining replacement or reproduction cobt, lhe Historical Cosf lndices for PSAB 3150 Purposes report prepared by Watson & Associates Economists Ltd. was used as a resource for determining appropriate indices in order to deflate the replacement or reproduction cost to an estimated historical cost at the year of acquisition. This change has been applied retroactively and prior periods have been restated. This change in accounting policy has changed amounts reported in the prior period as follows: 2. Accumulated surplue at January 1,2008 Operating fund balance Capital fund balance Reserve funds Amounts to be recovered $ (731,895) 7,777,014 (7,715,731\ Accumulated surplus, as previously reported (670,612) Net book value of tanglbÞçgpjlal assets recorded 16,933,695 @ted $16,263,083 Correspondence dated June 10, 2010 from Elgin Area Primary Water Supply System regarding "2009 Year End Financial Page 226 of 325 ELGIN AREA PRIMARY WATER SUPPLY SYSTEM Notes to Financial Statements Year ended December 31, 2009 Annual surplus for 2008 Net loss, as previously reported Principal and accrued interest on long{erm debt previously expensed Assets capitalized but previously expensed $ (625,179) 523,599 4,080,783 3. Amortization expense not previously recorded (1'081'204) Annualsurplus. as restated $2'897'999 Nature of reporting entity The Ontario Water Resources Commission (the "Commission") of the Province of Ontario constructed, owned and operated'a water treatment plant on Lake Erie and pipeline to the City of St. Thomas and the Ford Talbotville Assembly Plant on or about 1967. The Ministry of the Environment (the "Ministry")was created in about 1973 and assumed alloperations and activities of the Commission. ln accordance with agreements with the associated municipalities, the Ministry extended pipelines to the present communities of Port, Burwell, Port Stanley, and Southwold, and in 1986 to the City of London and the Town of Aylmer. ln accordance with the Municipat Water and Sewage Systems Transfer Act, 1998, the final Transfer Order for Elgin Area Primary Water Supply System was effective on November 29, 2000, transferring assets along with any othei real property to the Corporation of the City of London to act as the Administering Municipality on behalf of the participating Municipalities. Under the transfer order, the works, properties and all assets, liabilities, rights and obligations of the system are transferred jointly to The Corporation of the City of London, The Corporation of the Town of Aylmer, The Corporation of the Munlclpality of Bayham, The Corporation of the Municipality of Central Elgin, The Corporation of the Township of Malahide, The Corporation of the Township of Southwold and The Corporation of the City of St. Thomas. The transfer order established a joint board of management to govern the management of the water supply system. The joint board of management is comprised of seven representatives appointed by the respective councils of participating municipalities, The representetion is broken down as follows: Municipalitv Representatives Votes The Corporation of the City of London The Corporation of the City of St. Thomas The Corporations of the Township of Southwold and the Municipality of Central Elgin The Corporations of the Municipality of Bayham, Township of Malahide and Town of Aylmer Cash and short-term investments Cash and short-term investments are held by the Corporation of the City of London and set aside for use by Elgin Area Primary Water Supply System. 3 2 4. Correspondence dated June 10, 2010 from Elgin Area Primary Water Supply System regarding "2009 Year End Financial Page 227 of 325 ELGIN AREA PRIMARY WATER SUPPLY SYSTEM Notes to Financial Statements Year ended December 3'1, 2009 5.Long-term debt (a) The balance of the longterm debt assumed by The Corporation of the City of London, as administering municipality, on behalf of the Elgin Area Water Supply System is $6,392,148. lnterest payments are made semi-annually at rates ranging from 5.50% to 5.88%. Principal payments are made in August annually. The debt matures on August, 2018, (b) The long{erm debt repayment schedule is as follows: 2010 2011 2012 2013 2014 2015 and beyond $ 564,766 595,757 627,379 661,230 697,779 $3,245,238 6.Tanglble capital assets Cost Balance at December31, Additions 2008 Disposals Balance at December 31, 2009 Land Buildings and building improvements Vehicles, machinery and equipment Water and wastewater infrastructure Assets under construction 2.561.092 2,317 ,504 1,251,559 10,375,898 10,506,286 1,211,362 464,690 944,055 91,324 (139,773) 1,251,559 10,840,588 '11,310,568 1,302,686 4,878,596 Total 25,906,197 3.817 ,573 (139,773) 29,583,997 Accumulated Amortization Balance at December 31, Amortization2008 expense DispQsals Balance at December 31, 2009 Land Buildings and building improvements Vehicles, machinery and equipment Water and wastewater infrastructure Assets under construction 2,311,573 3,257,470 403,880 298,059 894,613 52,701 - z,oog,ogz (139,773) 4,012,310- 45ô,581 Total 5,972,923 1,245,373 (139,773)7,078,523 Net book value December Net book value December 31.2008 31,2009 Land Buildings and building improvements Vehlcles, machinery and equipment Water and wastewater infrastructure Assets under construction 2,561,052 4,878,596 1,251,559 8,064,325 7,248,816 807,482 1,251,559 8,230,956 7,298,258 846,1 05 Total 19.933,274 22,505,474 Correspondence dated June 10, 2010 from Elgin Area Primary Water Supply System regarding "2009 Year End Financial Page 228 of 325 EI.GIN AREA PRIMARY WATER SUPPLY SYSTEM Notes to Financial Statements Year ended December 31, 2009 6.Tangible capltal assets (continued) Cost Balance at December31, Additions 2007 Disposals Balance at December 31, 2008 Land Buildings and building improvements Vehicles, machinery and equipment Water and wastewater infrastructure Assets under construction 146,828 2,414,264 1,251,559 10,370,698 9,015,331 1,211,362 5,200 1,661,319 (170,364) 1,251,559 10,375,898 10,506,286 1,211,362 2,561,092 Total 21,995,778 4,080,783 (170,364) 25,906,197 Accumulated Amortization Balance at December 31, Amortization2007 expense Disposals Balance at December 3'1, 2008 Land Buildings and building improvements Vehicles, machinery and equipment Water and wastewater infrastructure Assets under construction 2,028,434 2,679,556 354,093 283, 1 39 748,278 49,787 (170,364) 2,311,573 3,257,470 403,880 Total 5,062,083 1,081,204 (170,364)5,972,923 Net book value December Net book value December 31.2007 31,2008 Land Buildings and building improvements Vehicles, machinery and equipment Water and wastewater infrastructure Assets under construction 1,251,559 8,342,264 6,335,775 857,269 146,828 1,251,559 8,064,325 7,248,816 807,482 2,561,091 Total 16,933,695 19,933,274 (a)Assets under construction Assets under construction having a value of $4,878,596 (2008 - $2,561,092) have not been amortized. Amortization of these assets will commence when the asset is put into service. Contributed tangible capital assets Contributed capital assets have been recognized at fair market value at the date of contribution. The value of contributed assets received during the year is nil (2008 - nil). (b) Correspondence dated June 10, 2010 from Elgin Area Primary Water Supply System regarding "2009 Year End Financial Page 229 of 325 ELGIN AREA PRIMARY WATER SUPPLY SYSTEM Notes to Financial Statements Year ended December 31, 2009 (c) Tangible capltal assets dlsclosed at nomlnalvalues Where an estimate of fair value could not be made, the tangible capital asset was recognized at a nominal value. Land is the only category where nomlnal values were assigned. (d) Wrltedown of tangible capltal assets The write-down of tangible capital assets during the year was nil (2008 - nil). 7. Accumulated surplus Accumulated surplus consists of individual fund surplus and reserve funds as follows: 2009 2008 Surplus: lnvested in tanqible capital assets 1.070,012 $ 9.393,189 Total surolus 11 9,393,189 Reserve funds set aside for speclfic purpose by Council: lnfrastructure renewal - water operations 9,868,804 9,767,892 tot"' ra""r" frndt L Fair value of flnancial Instruments (a) The carrying values of cash and short-term investments, trade accounts recelvable and accounts payable and accrued liabilities approximate their fair values due to the relatively short periods to maturity of the instruments. The falr value of long-term debt approximates its carrying value as interest rates are similar to current market rates of interest available to the Company. (b) Credit and foreign currency risk: The Company is not exposed to any foreign currency or credit risk. Correspondence dated June 10, 2010 from Elgin Area Primary Water Supply System regarding "2009 Year End Financial Page 230 of 325 BY-LAW # 2010-058 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM Being a By-law to establish a MunicÍpal Election Compliance Audit Committee in accordance with Sections 81 and 81.1 of the Municipal Elections Act, 1996, as amended WHEREAS subsection 5(3) of the Municipal Act, 2001, S.O. 2001 , c.25, as amended provides that a municipal power shall be exercised by by-law; AND WHEREAS section 9 of the MunicipalAct, 2001 provides that a municipality has the capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority under this or any other Act; AND WHEREAS subsection 10(1) of the MunicipalAct,200l provides that a municipality may provide any service or ting that the municipality considers necessary or desirable for the public; AND WHEREAS section 81 .1(1) of the Municipal Elections Act, 2006, as amended requires Council to establish a Compliance Audit Committee; AND WHEREAS this By-law and the Terms of Reference attached hereto comply with the Section 270 of the Municipal Act, 2001 with respect to the manner in which the municipality will try to ensure that it is accountable to the public for its actions and the manner in which the municipality will try to ensure that its actions are transparent to the public; NOW THEREFORE the Council of the Municipality of Bayham enacts as follows: 1. The attached Terms of Reference (Schedule A) to establish a Compliance Audit Committee be adopted. 2. This by-law shall come into and take effect as of the date of its final passing. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 17TH DAY OF JUNE 2O1O MAYOR CLERK By-Law 2010-058 A By-Law to establish a Municipal Election Compliance Audit Committee Page 231 of 325 Schedule "4" to By-law 2010-058 TERMS OF REFERENCE ELGIN MUNICIPAL ELECTION COMPL¡ANCE AUDIT COMMITTEE 1. Name of Committee The name of the Committee is the "Elgin Municipal Election Joint Compliance Audit Committee". 2. Term of the Committee The Committee must be established before voting day and will complete its work after dealing with all compliance audit applications received from the 2010 general municipal election. 3. Mandate The powers and functions of the Committee are set out in subsection 81 of the Municipal Elections Act, 1996, as amended (MEA). The Committee will be required to: (a) review and consider a compliance audit application received from an elector and decide whether it should be granted or rejected;(b) if the application is granted, appoint an auditor to conduct a compliance audit;(c) receive the auditor's report;(d) consider the auditor's report and if the report concludes that the candidate appears to have contravened a provision of the MEA relating to election campaign finances, the committee may commence legal proceedings against the candidate for the apparent contravention; and(e) if the report indicates that there was no apparent contravention and the committee fìnds that there were no reasonable grounds for the application, the council is entitled to recover the auditor's costs from the applicant. 4. Composition The Committee will be composed of at least three (3) and no more than seven (7) members of the public. Members must possess an in-depth knowledge of the campaign financing rules of the MEA and therefore membership will be drawn from the following stakeholder groups: (a) accounting and audit - accountants or auditors with experience in preparing or auditing the financial statements of municipal candidates;(b) academic - college or university professors with expertise in political science or local government administration;(c) legal profession - with experience in municipal law, municipal election law or administrative law;(d) professionals who in the course of their duties are required to adhere to codes or standards of their profession which may be enforced by disciplinary tribunals; and(e) other individuals with knowledge of the campaign financing rules of the MEA. By-Law 2010-058 A By-Law to establish a Municipal Election Compliance Audit Committee Page 232 of 325 It is noted that: . Members of Council, employees or officers of the municipalities or any persons who are candidates in the election for which the committee is established are not eligible to be appointed to the Committee, pursuant to clause 81.1(2) of the MEA.o An individual shall be deemed ineligible to be a member of the Committee if they prepare the financial statements of any candidate running for office on municipal Council during the term for which the Committee has been established.. To avoid possible conflicts of interest, an auditor or accountant appointed to the Committee must agree in writing to not undertake the audits or preparation of the financial statements of any candidates seeking election to Gouncil. Failure to adhere to this requirement will result in the individual being removed from the Committee. 5. Membership Selection All applicants are required to complete an application outlining their qualifications and experience. The Nominating Committee consisting of the Clerks from each of the municipalities will meet to review the applications, and prepare a proposed Joint Committee membership list for consideration by the municipal Councils. Members will be selected on the basis of the following: (a) demonstrated knowledge and understanding of municipal election campaign financing rules and knowledge of the MEA and related regulations;(b) proven analytical and decision-making skills;(c) experience working a committee, administrative tribunal, task force or similar setting;(d) availability and willingness to attending meetings; and(e) excellent oral and written communication skills. 6. Meetings The Gommittee will meet as needed, with meetings to be scheduled by the Clerk of the municipality where a compliance audit application is received, in accordance with the MEA requirements. The Clerk of the host municipality shall ensure and verify the validity of the meeting. The Clerk will contact all members to ensure a quorum of members are able to attend the said meeting. The Committee members will select a Chair from amongst its members at its first meeting. The Committee will conduct its meetings in public, subject to the need to meet in closed session for the purpose authorized under Section 239 of the Municipal Act, 2001. Meetings will be held at the location determined by the Clerk of the host municipality. By-Law 2010-058 A By-Law to establish a Municipal Election Compliance Audit Committee Page 233 of 325 7. Remuneration Members of the Committee shall be paid an honorarium of $100 per meeting, plus mileage at the current mileage rate established by the host municipality. The Council of the host municipality shall pay all costs relative to the respective application. 8. Staff Suooort The Clerk or designate of the host municipality shall act as the Secretary to the Committee and provide support where required. 9. Application Filinq Fee A non-refundable application filing fee shall be $25 and shall be payable upon submission of an application. By-Law 2010-058 A By-Law to establish a Municipal Election Compliance Audit Committee Page 234 of 325 TIIE CORPORATION OF THE MTJNICIPÄLITY OF BAYHAM BY-LAW NUMBER 2010.059 Being a By-law to Establish Governance and Structure for the Museums Bayham Board WHEREÄS the Port Burwell Marine Museum & Lighthouse and the Edison Museum of Vienna are owned and operated bythe Municipality of Bayham; AND WHEREAS the Council of the Corporation of the Municþality of Bayham is desirous that a Board be established to be responsible for the maintenance, s€,rvice, promotion and operation of the Port Burwell Marine Museum & Lighthouse and the Edison Museum of Vienna located in and under the jurisdiction of the municþality AND WHEREAS the Council is desirous that such provision be approved by By-law; THEREFORE BE IT RESOLVED TIIAT the Council of the Corporation of the Municipality of Bayham enacts as follows: 1. THAT the prønises known municipally as 20 Pitt Street and 17 Robinson Street and known as the Port Burwell Marine Museum and Lighthouse, respectively, shall continue to be maintained and identified as the Port Burwell Ma¡ine Museum and Lighthouse; 2. TIIAT the collection presently housed in the Port Burwell Marine Museum will continue to be housed in the Museum and named the Port Burwell Marine Museum Collection and catalogued as such; 3. THAT the pre,mises known municipally as 14 Snow Street, and known as the Edison Museum of Vienna shall continue to be maintained and identified as the Edison Museum of Vienna; 4. THÄT the collection presently housed in the Edison Museum of Vienna will continue to be housed in the Museum and named the Edison Museum of Vienna Collection and catalogued as such; 5. THAT the vacant municipal property at 6342 Plank Road be acknowledged as the proposed site for a potential new Edison Museum facility; 6. THAT the Council of The Corporation of the Municþality of Bayham hereby establishes a museums board to be known as the '(Museums Bayham" Board whose structure is set out in Schedule "4" attached hereto and forming part of this byJaw; 7. TIIAT the said Board shall be considered as a Board of Council and all mernbers of the board shall be appointed by Council as set out in the structure; 8. TIIAT the said Board shall operate in accordance with the said Structure being hereby adopted; By-Law 2010-059 A By-Law to Establish Governance and Structure for the Museums Bayham Board Page 235 of 325 -) - 9. TIIAT ByJaws 2006-003 being a by-law to establish governance and structure for the Edison Museum of Vienna Boa¡d and the Port Burwell Marine Museum Board, respectively, and any amendments thereto be hereby repealed; 10. AIYD THAT this By-law establishing the "Museums Bayham" Board as set out in said Schedule "4" attached shall come into fi¡ll force and effect upon enactment. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 17TH DAY oF JTINE. MAYOR CLERK By-Law 2010-059 A By-Law to Establish Governance and Structure for the Museums Bayham Board Page 236 of 325 Bayham Museums Governance & Structure Schedule *4" to B/L 2010-059 BAYIIAM MUSEUMS BOARD STRUCTURE AND OPERATIONS Name This boa¡d shall be named Museums Bayham Board (the "Board") and shall be responsible for the maintenance, service, promotion and operation of the Port Burwell Marine Museum & Lighthouse and the Edison Museum of Vienna sites. 1. Mission Statement Museums Bayham exists to educate the citizens of Bayham and the community beyond about the history of the Bayham area. This includes Port Burwell and its lighthouse in relation to the local and marine heritage of the Great Lakes, and also Vienna's Canadian connection to the Thomas Alva Edison family heritage, fostering an appreciation for the relationship of Bayham's past to its present and future development. To this end, Museums Bayham collects, records, preserves, researches, shares, promotes and presents exhibits and interprets documents and artifacts related to the history of Bayham. 2. Mandate The Marine Museum and Ligtrthouse have been established to serve the inhabitants of Port Burwell and the Bayham area, with a strong appeal to tourists visiting the region. The museum collection will focus on ma¡ine documentation and artifacts that illustrate the relationships between marine life on the Great Lakes together with domestic and commercial life of the Village as aport on Lake Erie. The Edison Museum has been established to promote recognition of the extent and impact of Thomas Alva Edison, the inventor, on the local area, and world wide, by his many inventions and family artifacts on displa¡ and promote and preserve the historical artifacts and records of the Bayham area and its inhabitants. The Board is established to be responsible for the maintenance, service, programming, and operation of the museums, being subject to budgetary requirements and limits, as approved by the Council of the Municþality of Bayham, following the procedures and policies approved by Bayham Council. The Board shall work towards compliance with Provincial government standards and policies for Museum operations. The Board will communicate and work with local historical and heritage related organizations for the benefit of the Bayham museum sites and collections. -3- By-Law 2010-059 A By-Law to Establish Governance and Structure for the Museums Bayham Board Page 237 of 325 Bayham Museums Governance & Structure Schedule ".{'to B,lL20r0-059 - 4 - 3. Policv & Procedure for Service and Operation Programming / Planning & Operation The Board with assistance of Staff will be responsible for the preparation and review of policies and procedures for service, operation, programming, and long-term planning goals for the museums. Artifacts Ownership of any and all donated items lies with the Municipality of Bayham, who will provide adequate insurance coverage including on-loan items, subject to consideration of recommendations of the Board. Acquisition, disposal, and records of documents, objects and artifacts will be governed by the Museums' collection development and management policy as adopted by the Council of the Municipality upon recommendation of the Board. Ownership by the Municipality of Bayham may be assigned to its successors, administrators and assigns absolutely. Displays and exhibits will be approved by the Board. Finance and Budgeting The Boa¡d, with the assistance of appropriate staff, will prepare, review and submit annual operating budget requirements, including long-term capital projects, to the municipal administration, for Council's consideration and approval annually as required. The Boa¡d will monitor the budgets throughout the year. ReserveslReserve Funds may be established as approved by Council through the budget process. A Board or staff representative may present the museums annual budget submission, at its discretion, to Council. Bequests and financial donations will be accounted for through Municipal administration. Purchasing Board members / Staff, as applicable, may make purchases in accordance with the Municipal Purchasing policy. Any such purchases must be within the Budgets established and approved by Council, and must be approved by the Board. A Petty Cash Fund(s) may be permitted at the discretion of the Boa¡d. Such petty cash fund will be administered by the Curator or by staff. Iluman Resources The Museums and staff shall be governed by Council through the Administrator in accordance with municipal policies and procedures. The Board will provide general direction of staff at the museums, assisted by municipal staff as appropriate, within the guidelines of the annual budget and personnel polic¡ as approved by Council. By-Law 2010-059 A By-Law to Establish Governance and Structure for the Museums Bayham Board Page 238 of 325 Bayham Museums Gove[ìance & Stn¡cture Schedule * N' to BIL 2010-059 -5- In the absence of a curator position, the Board, through Municþal staff, as appropriate, will be responsible for overall general direction of museum staff. A policy pertaining to use and direction of volunteers will be established by the Board and approvd by Council. SpecÍal Events and Exhibits The Board, with assistance of museum staff and volunteers, may undertake special events, displays, and exhibits at its disøetion, within the guidelines of the annual operating budget as approved by Council. Fundraising and Donations The Board, with assistance of museum staff and volunteers, will undertake and promote fundraising and donation programs to the best of its ability. Such programs may be for general operating assistance or special programs/capital projects (approved by Council). All accounts shall be accounted for through Municþal administration. Facility Management The Board will provide inpulinformation to municipal administration for the Capital and Operating needs of Museum facilities. Such needs must be considered in the preparation of budgets presented to Municipal Council. Board Operations Board Operations/Officers shall be in accordance with Section 4 "Structure" of this document. The Municipality will provide appropriate Municipal staffresources to assist the Board as necessary. For greater clarity, details of operational roles and responsibilities are outlined in the Summary of Roles and Responsibilities affached hereto as Appendix "4". 4. Structure Meeting Schedule The Board shall meet on a regular and as needed basis, a minimum of eight (8) times a year, at a time and place as agreed by members. Special meetings may be called by the Chairman or at the request of two Board members. The Board shall have prepared agendas and minutes for each meeting held. By-Law 2010-059 A By-Law to Establish Governance and Structure for the Museums Bayham Board Page 239 of 325 Bayharn Museurns Governance & Stnrcture Schedule "A" to B/L2010-059 - 6 - Open and Closed Meetings 1. Shall be consistent with the requirements of the Municþal Act, or other legislation as applicable, and shall be open to the public. Meetings will follow the rules and guidelines set out in the Municipality of Bayham's Procedural ByJaw 2002-93 concerning the rules governing order and procedure of Council and its committees. 2. All special meetings of the Board, its sub-committees or Committee of the Whole shall be open to the public unless subject matters being considered relate to:¡ the security of Bayham Museum properties;. personal matters about an identifiable individual;¡ a proposed or pending acquisition or sale ofproperty;. labour relations or employee negotiations;. litigation or potential litigation affecting Bayham Museums;¡ consider a request under the Municipal Freedom of Information and Protection ofPrivacyAct, or other Act. 3. No recommendation can be considered or a decision made excqlt by the Board at a regular or special meeting ope,lr to the public. Implementation l. All recommendations made by sub-committees of the Board shall be made to the Boa¡d in writing. 2. If a Board or committee meeting is closed to the public, the secretary shall record: a) the holding of the closed meeting; and b) the subject matter of the closed meeting in the minutes of the meeting. 3. Before holding a closed meeting, a motion must be passed stating that the meeting is closed and the general nature of the matter to be discussed. Membership The Board shall consist of a minimum of eleven (11) mernbers, including six (6) community members one (l) member from the Port Burwell Historical Society and one (1) member from the Bayham Historical Society, one (1) expert representative from a professional heritage facility (active or retired), as possible, one (1) mernber of Council, and a curator/municþal staff liason (non-voting) position. Council will encourage membership from the Bayham community that will support the mandate and success of the museum facilities. By-Law 2010-059 A By-Law to Establish Governance and Structure for the Museums Bayham Board Page 240 of 325 Bayham Museums Governance & Stn¡cture Schedule ",{" to BlL2010-059 Term of Office Members of the Museums Bayham Board shall continue in office until their respective successors are appointed by Council. With the exception of the represørtative(s) on Bayham Municipal Council, who shall be appointed on annual basis and whose term shall end November 30*, all other mernbers shall be appointed for a term of four years and provision shall be made for members to serve for four years so that the expiration of members' terms is on a "staggered" basis, with succeeding years to be for a period of four years. Persons serving on the Boa¡d shalt be eligible for re-appoinftne,nt, but shall not be eligible for the same position for a period of more than six continuous years. After an absence of not less than one year, such person shall be eligible for re-appointme'lrt. Quorum A quorum for Boa¡d meetings shall be 50% +l of members, or five (5) members being present. Deputations Deputations shall be held at the beginning of each meeting. All meetings shall go "In Camera" at the discretion of the Chairman, or a majority vote of members present, subject to the provisions of the Municþal Act. Elections Nominations for Officers shall be held in November for the following year. Year end shall be December 31. New OfEcers assume positions January l. Officers Officers shall consist of a Chairman, Vice Chairman, selected from the mernbers. In addition to the duties outlined in this document, the Board may prepare more detailed position descriptions. The Curator may serve as Secretary. but is not a voting mernber of the Boa¡d. Duties Chairman . Prepares an agenda for each meeting (with the assistance of the Secretary).. Conducts meetings. Reviews minutes prior to circulation to members, signs minutes upon approval. -7- By-Law 2010-059 A By-Law to Establish Governance and Structure for the Museums Bayham Board Page 241 of 325 Bayham Museums Governance & Stn¡cture Schedule "4" to B/L 2010-059 - 8 - . Acts as liaison between the Board, Council, Municþal Staff, and other Community Organizations. . Makes announcements of interest to members.. Makes himÆrerself aware of the business to come regularlybefore the meeting.. Is informed of MuseumÆoard activities. Vice Chairman . Presides as Acting Chairman in absence of Chairman o Acts as museum liaison with other museums to confirm upcoming exhibits/events, and identiff opportunities for shared resources. Secretary . Keeps accurate record (minutes) of proceedings ofmeetings (resolutions and decisions), signed upon completion and forwards a draft copy to the Clerk for inclusion with the Council agenda.. Ensures minutes are reviewed for accuracy at the next Boa¡d meeting, approved by mernbers and signed by the Chairman.. Assists the Chairman in preparation of agendas.. Keeps a meeting attendance record of current members.. If unable to attend a meeting, sees that the minute book and other corresponde,nce and information are forwarded to the Chairman prior to the meeting.. Maintains all documents, information, and correspondence belonging to the Board.. In the abse,lrce of the Secretary, an acting Secretary shall be appointed from the me,nrbe,tship. Members . Are responsible to attend meetings regularly, at the appointed time.. Support the purpose and objectives of the Boa¡d.. No member shall exercise the right to more than one vote. Volunteers . The Board may, and is encouraged, to utilize additional volunteers who may particþate, but not vote, at Board meetings. Volunteers may attend or provide assistance to the Board for general matters or items such as special events. The Board should appoint volunteers by motion for the pqpose of participation in such special events, and may include note in the minutes of Board meetings of attendance of such volunteers. New Members . Potential new mernbers shall attend a minimum of three (3) regular meetings of the Board prior to consideration for appointment as a member. The Board shall recommend names of volunteers to Council for appointment to the Board. . Maybe solicited from the public through media or other means. By-Law 2010-059 A By-Law to Establish Governance and Structure for the Museums Bayham Board Page 242 of 325 Bayham Museums Governance & Stn¡cture Schedule " Ë' to BIL 201 0-059 -9- Absentee . If a member misses more than three (3) consecutive meetings, excqlt for health or special circumstances, the remaining members of the Board mayrequest Council to appoint a recommended replacement for the remainder of the term. Resignations . Upon the resignation of a member of the Board, the Board shall recommend a ne\¡¡ member to Council to fill the vacancy. Establishment of Sub-Committees/\ilork Groups It is anticipated that for various projects and interests that sub-committees such as the Friends of the museum(s), fundraising events or capital project work-groups (ex. Edison building project), composed of Board members and/or other volunteers, may be formed by the Board to focus on one component of an action plan, a specific task, or areas of special interest. Each sub-committee will be responsible to and report directly to the Museums Bayham "Board". Minutes of each sub-committec shall be provided to the "Board" on a regular and timelybasis. The Chairman of each sub-committee will be an active Museums Board member. The Chairman shall name a secretary for the committee from the me'nrbership. Council approval shall be required for additional staffsupport and/or resources. (a) Establishment of Edison Museum of Vienna Building Committee Mission The Edison Museum of Vienna Building Committee is established to undertake the necessary steps and actions to establish a new facility that will preserve, protect and promote the Edison Museum of Vienna collection. Structure and Guidelines The Commiuee shall consist of a minimum of three (3) and a maximum of nine (9) volunteer members to be recommended by the Committee to the Museums Bayham Boa¡d for appointnent / reappointrnent. A Chairman shall be selected from the membership and appointed / reappointed by the committeemembers on an annual basis. A Recording Secretary shall be appointed by the committee to take minutes of meetings held. The Committee shall report to the Museum Bayham Board through the submission of draft minutes provided in a timely manner. The Committee may report directly to Council as deemed appropriate. The Committee shall provide a draft budget annually in November, as appropriate, for inclusion in the Museums Bayham Board budget drafted for Council consideration. By-Law 2010-059 A By-Law to Establish Governance and Structure for the Museums Bayham Board Page 243 of 325 Bayham Museums Governance & Structure Schedule "y'f'to B/L 2010-059 - 10 - 5. Dissolution of Assets and Liabilities In the event that Council for the Municipality of Bayham, or its successors, should determine to cease operation of either Museum facilit¡ all artifacts may be donated to Onta¡io Museums of like interest or sold by the Municipality, and proceeds may be used to support local culture and heritage priorities. 6. Lesislative Requirements The Museums Bayham Boa¡d will recognize its obligation to ethical behaviour and avoidance of conflict of interest, as a body and as individuals, as well as its obligation to meet municipal, provincial, and federal legislative requirønents and those international agreements ratified by the federal government in its decisions and activities. The Cu¡ator or the municipal Administrator advises the Board of this requirement. 7. Responsibilities l) The Board ensures that the purposes for which the museums exist are being tulfilled. 2) The Boa¡d safeguards Bayham Museums' assets, including the collection and its care, onbehalf of the community and is accountable to the Municþality of Bayham. 3) The Board, with the assistance of municipal staff, gives general direction, guidance and instruction to museum stafl and provides input for the annual performance appraisal of the curator. 4) The Board with the assistance ofmunicipal staff, and subject to Council approval, writes, monitors and reviews policies and standards and recommends any changes to Council. 5) The Board serves as a liaison between the Bayham community and Bayham Museums. 6) The Board, with assistance of municþal staff develops and writes strategic, five year and other museum plans for approval by Council. 7) ABoard mernber attends Board meetings regularl¡ is responsible for being familiar with and respecting the policies, activities and operations of Bayham Museums, and follows ethical guidelines for professional conduct. S) A Board member attends and supports museums functions, events, activities and programs. 9) The Curator implements Council approved policy. By-Law 2010-059 A By-Law to Establish Governance and Structure for the Museums Bayham Board Page 244 of 325 Bayham Museums Governance & Stn¡cture Schedule".¿r'toB/L2010-059 - II - 8. Establishment of Events: The Museums Bayham Board may establish events and activities to:¡ promote the Bayham Museums and collectionsr raise funds to support the establishment of a new Edison facility and/or other priorities as directed by the Museums Bayham Board. Structure and Guidelines Events maybe created by the Museums Bayham Board upon recommendation as appropriate. Upon the establishment of an event, the Boa¡d shall direct the intended use of net proceeds/revenues from such eveirt. Organizers of an event maypartner with another committee of Council, community group or organization for the conduct of such event activities. A Group Leader for each event established, will be appointed by the Museums Bayham Board on an annual basis. The Group Leader for each event will select and appoint volunteer members for support and assistance and provide a list of such volunteers to the Museums Bayham Board and the Clerk for information. A Recording Secretary will be appointed for each Committee to record minutes of meetings held. The Group Leader will report to the Museum Bayham Boa¡d through the submission of minutes or through an annual report. The Group Leadermayreport directlyto Council as deemed appropriate. The Group Leader will provide a draft event budget annually in November, as appropriate, for inclusion in the Museums Bayham Boa¡d budget drafted for Council consideration. EVENTS The Museums Bayham Board hereby establishes the following events: (a) Edisontr'est Mission The EdisonFest Workgroup is established to conduct an annual event and activities to:o promote the Edison Museum and its collection; o raise funds, with net proceeds to support the establishment of a new Edison Museum facility. By-Law 2010-059 A By-Law to Establish Governance and Structure for the Museums Bayham Board Page 245 of 325 Bayham Museums Governance & Structure Schedule "A" to B,1L2010459 - 12 - (b) Edison Mystery MÍssion The Edison MysteryV/orkgroup is established to conduct an annual event and activities to: o promote the Edison Museum and its collection;o raise funds, with net proceeds to support the establishment of a new Edison Museum facility. By-Law 2010-059 A By-Law to Establish Governance and Structure for the Museums Bayham Board Page 246 of 325 Bayham Museums Governance & Structr¡re Schedule "A" to B/L 2010-059 - 13 - APPENDIX "A'to Schedule,,4" By-law 2010-059 ,,MUSEUMS BAYHAM". SUMMARY OF ROLES AND RESPONSIBILITIES Port Bunvell Marine Museum & Lighthouse & Edlson Museum of vlenna Responsibility performed By: Notes: Prog ram m in g/Strateglc Plannlng: Policies & Procedures Board assisted by Staff Approved by CouncilTours Staff /Board Hours of Operation Board (subject to Budgets) Artifacts: Acquisition/Cataloging/Disposal Curator / approved by Board Disposals approved by Council Maintenance & Conservancy Curator/Board Reserves as approved by CouncilDisplays/Exhibits curator/determined & approved by Board Finance & Budgeting: Preparation & Submission Board assisted by Staff Approved by Council Accounts - payment Board & Staff at Board direction Maintenance & Monitoring Budget Staff Monthly Reporting Staff Detailed General Ledger Reports Staff Reserves/Reserve Funds Board identifìes/recommends transfers/capital projects Approved by Council Grant ldentification & Applications Staff at Board Direction Purchaslng: Supplies & Repairs Staff/Board members at Board Direction -follow municipal policy Capital & Tenders / Quotes Staff/Board members at Board Direction-follow municipal polícy Human Resources: Staff Levels Board (subject to Budgets) Subject Job Descriptions Board with Staff Assistance To B y - L a w 2 0 1 0 - 0 5 9 A B y - L a w t o E s t a b l i s h G o v e r n a n c e a n d S t r u c t u r e f o r t h e M u s e u m s B a y h a m B o a r d P a g e 2 4 7 o f 3 2 5 Bayham Museums Governance & Stucture Schedule "4" to B/L 2010-059 Rates of Pay Hiring (interview, selection) Supervision & Direction Grievances & lnvestigations Orientation Special Events & Exhiblts: Organization & Staffing Fundraising & Donations: General Long Term Capital Grant Applications Reserve Fund Facility Management: Capital (lmmediate & Long Term) Daily Maintenance of: - Minor Repairs - Landscaping - Snow removal - Flags - Fire Extinguishers - Alarms - Janitorial - Winter Shutdown Board & Committee Operations: Agendas, Minutes & Follow-up Research -t4- Board (subject to Budgets/grants) Staff with Board Assistance Curator/Board with Staff Assistance Staff with Board Assistance Curator/Board with Staff Assistance Board with Staff support Board with Staff support Board with Council/Staff support Curator/Staff with Board assistance/support Board to make recommendations Board to recommend through budget process etc. Appropriate Staff at Board Request Appropriate Staff Contractor/Appropriate Staff PW Staff at Board/Curator request Ongoing-Staff, Annual lnspection by contractor Ongoing-Staff, Annual I nspection by contractor Contractor-spring clean + Staff Students/Curator Curator with assistance of Board Chairman Staff/BoardA/ol u nteers Sub-committees report to "Boardn through minutes/recommendations Council Approval General direction, assignment of daily work. Staff to review time sheets etc. Approved by Council Approved by Council Contract approved by Council Contract approved by Council Board reports to Councilthrough mínutes / recommendations B y - L a w 2 0 1 0 - 0 5 9 A B y - L a w t o E s t a b l i s h G o v e r n a n c e a n d S t r u c t u r e f o r t h e M u s e u m s B a y h a m B o a r d P a g e 2 4 8 o f 3 2 5 THE CORPORATION OF THE MTJNICIPALITY OF BAYHAM BY-LA\il NO.2010-060 A BY-LAW TO AUTHORIZE THE EXECUTION OF AN AGREEMENT BET\ilEEN THE MTJNICIPALITY OF BAYHAM AND CANADA POST CORPORÂTION REGARDING THE INSTALLATION OF COMMT]NITY MAILBOXES WIIEREAS the Canada Post Corporation and the Municipality of Bayham are desirous of entering into an agreement for the installation of Community Mailboxes in the public roadway to serve residents in the hamlet of Richmond; THEREFORE TIIE COT]NCIL OF TIIE CORPORATION OF TIIE MUNICIPALITY OF BAYIIAM ENACTS AS FOLLO\üS: 1. THAT the Mayor and Clerk be and they are hereby authorized and directed to execute the Agreønent attached hereto as Schedule "4" and forming part of this byJaw between the Municipality of Bayham and the Canada Post Corporation for the installation of Community Mailboxes in the hamlet of Richmond; 2. AND THAT this by-law shall come into full force and effect upon final passing. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED TIIIS 17th DAY OF JTINE 2010. MAYOR CLERI( By-Law 2010-060 A By-Law to authorize the execution of an agreement (Canada Post Corporation) Page 249 of 325 Schedule "A" to B/L 2010-060 TIIIS AGREEMENT made in triplicate this 17th day of June 2010 BET\MEEN THE CORPORATION OF THE MUNICIPALITY OF BAYHAM (Hereinafter called the "Municþality'') OF THE FIRST PART; ANI) CANADA POST CORPORATION (Hereinaft er called " Canada Posf ') OF THE SECOND PART; WIIEREAS pursuant to the Canada Post Corporation lcl, R.S.C. 1985, c. C-10, Canada Post was established as Agent of Her Majesty to, inter ali4 establish and operate a postal service for the collection, transmission and delivery of mail and to provide such products and services as are, in the opinion of Canada Post, necessary or incidental to such postal service; AND \üHEREAS the Mail Receptacles Regulations, made pursuant to the Canada Post Corporation Act with the approval of the Governor in Council, authorize Canada Post to install, erect or relocate, or cause to be installed, erected or relocated in any public roadway, any receptacle or device to be used for the collection, delivery or storage of mail; AND \ilHEREAS Canada Post desires to install, erect and relocate, when necessary, such receptacles or devices, commonly referred to as "Community Mailboxes", at specific convenient locations on public roadways within the Municipality, title to which is vested in the Municþality; AND WIIEREAS the title to the public roadways is vested in the Municipality; AND WHEREAS the Parties hereto desire to enter into an Agreement governing Community Mailbox site selection, liabilit¡ maintenance, repair, replacement, removal and relocation; NO\M THEREFORE TIIIS AGREEMENT WINESSETII that the Municipality and Canada Post, each in consideration of the execution of this Agreement by the other, mutually agree as follows: -2- By-Law 2010-060 A By-Law to authorize the execution of an agreement (Canada Post Corporation) Page 250 of 325 Schedule "A" to BlL20t0-060 l. In this Agreement: (a) "Council" shall mean the Council of The Corporation of the Municipality of Bayham; (b) "Municipal Offrcial" shall mean the Administrator; (c) "Municipality'' shall mean The Corporation of the Municipality of Bayham; (d) "Roadway'' shall include public road allowances, highways, streets, lanes, walkways, sidewalks, and boulevards within the jurisdiction of the Municipality; (e) "Utility'' shall include fiist all utilities currently in road allowance] or such other public or private utility companies permitted by the Municipality to use the roadway. 2. Subject to the terms and conditions herein contained, Canada Post shall: (a) install, erect and relocate, when it deems necessary, Community Mailboxes only at specific locations on roadways within the Municipalit¡ the suitability of which sites having been established in accordance with Canada Post's location criteria and subsequently reviewed and approved by the Municipal Official (which review will be expeditious and which approval shall not unreasonably be withheld) in accordance with the details which are attached hereto as Appendix "4", which Appendix shall form part of the Agreement; (b) at its expense, satisfactorily maintain such Community Mailboxes, including concrete slabs and access pads, landscaping and Community Mailbox sites and including, without limitation, general upkeep and litter control on a regular basis; (c) provide, at its own expense, for snow clearing of the areas adjacent to the Community Mailboxes to provide access thereto during the winter for the public; provided, however, that no snow shall be placed on any traveled portion of the roadway or sidewalk by Canada Post or its contractor; (d) indemnifu and save harmless the Municipality from and against all claims for injury or damage by whomsoever made, brought or prosecuted, in any manner based upon, arising out of or in any way attributable to the construction, installation, maintenance or use of the Community Mailboxes, except those arising out of the negligence of the Municipality; (e) assume all loss, injury or damage and risk of loss, injury or damage to any works of the Municipality or that of any public utility which may be in, on, over or under the roadway, at the location of the Community Mailboxes, arising out of the construction, maintenance or repair of the said Community Mailboxes, except for that arising out of negligence of the Municipality or any public utility. -3- By-Law 2010-060 A By-Law to authorize the execution of an agreement (Canada Post Corporation) Page 251 of 325 3. Schedule "A" to BlL20t0-060 -4- Should the Municipal Official not approve the suitability of any site for the installation, erection or relocation of Community Mailboxes or should the Municipal Official, in future, desire that any Community Mailbox erected or installed by Canada Post upon a roadway pursuant to the terms of this Agreement, be relocated, the Municipal Official shall immediately so notifu Canada Post in writing and such notice shall set forth the reasons for such disapproval or desire for relocation. Forthwith upon receipt of such notice, Canada Post and the Municipal OfEcial shall work together in good faith to expeditiously resolve the Municipality's concerns and objectives in this regard and, if required, select an alternative location meeting the approval of the Parties as herein provided. Upon removal of any Community Mailbox from the roadway, Canada Post shall satisfactorily restore the affected portion of the roadway to a standard equivalent to the condition of the roadways in its vicinity, and upon failure of Canada Post to restore the affected portion of the roadway, the Municipality, upon advance notice in writing to Canada Post, may do so at the expense of Canada Post which undertakes and agrees to pay to the Municipality such expenses (including supervisory and clerical worþ on demand. Canada Post may at any time, at its sole discretion and for any reason, gtve notice in writing to the Municipal Official of its intention to remove any or all of the Community Mailboxes from the roadways. Upon removal of any or all Community Mailboxes from the roadways, Canada Post shall satisfactorily restore the affected portion of the roadways to a standard equivalent to the condition of the roadways in its vicinit¡ and upon failure of Canada Post to restore the affected portion of the roadways, the Municipalit¡ upon advance notice in writing to Canada Post, may do so at the expense of Canada Post which undertakes and agrees to pay to the Municipality such expenses (including supervisory and clerical work) on demand. All notices in writing referred to herein shall be conclusively deemed to have been received three (3) days after the date of mailing. Canada Post acknowledges and agrees that the Municþality is the owner of and has jurisdiction over the roadways within the Municipality affected by this Agreernent and that the Municipality reserves the right to use the roadway at or on which a Community Mailbox is located for the purposes of constructing and maintaining therein sewers, water mains, electric light and power conduits and cables, telephone conduits, gas lines and all other services and appliances, whether existing or placed therein in the future, and whether under its control or the control of a public utility or other government authority. If, in the event of an emergency, it becomes necessary for Canada Post to do work on, across or along any roadways without consultation with the Municipal Official, then Canada Post shall, as soon as reasonably possible, provide the Municipal Official with details of the emergency and the work done in response thereto. In such emergency situations, Canada Post shall expeditiously restore the roadway to a condition as near as reasonably possible to the condition it was prior to the start of any such work. Upon failure of Canada Post to so restore the roadway, then the Municipality may do so and charge the cost of doing so back to Canada Post. Restoration includes but is not limited to any required repair to the roadway concerned by reason of any settlement of the original restoration work by Canada Post. 4. 5. 6. By-Law 2010-060 A By-Law to authorize the execution of an agreement (Canada Post Corporation) Page 252 of 325 7. Schedule "A" to -5 - B/L 2010-060 If, in the event of an emergency, it becomes necessary for the Municipality or other utility to work at any location of a Community Mailbox without the permission of Canada Post, the Municipality shall, as soon as reasonably possible or within 24 hours notice to the Municipality by the utility, provide Canada Post with details of the emergency and the work done in response thereto. In such situations the Municipality or the utility, as the case may be, shall temporarily relocate and anchor any such Community Mailbox in as close proximity to its original site as reasonably possible, having regard to the temporary nature of the relocation to facilitate its continued use in a reasonable and safe manner. The Municipality or the utilit¡ as the case may be, shall expeditiously restore the Community Mailbox location to a condition as near reasonably possible to the condition prior to the start of any such work. Canada Post shall, at its own cost and expense, cause any and all liens or privileges registered pursuant to applicable laws relating to construction liens or privileges on municipal property for labour, services or material alleged to have been furnished or to have been charged by or for Canada Post or anyone on its behalf on the roadways or any improvements or facilities therein or thereon, to be paid, satisfied, released, cancelled and vacated within thirty (30) days after the Municipality shall have sent to Canada Post written notice by prepaid post of any claim for such lien or privilege. Provided, however, that in the event of a bona fide dispute by Canada Post of the validity or correctness of any claim for any such lien or privilege, Canada Post shall not be bound by the foregoing but shall be entitled to defend against the same in any proceedings brought in respect thereof after first paylng into court the amount claimed and such costs as the court may direct and registering all such documents as may be necessary to discharge such lien or privilege, or providing such other security in respect of such claim as will result in the discharge of such lien or privilege. In respect to such liens or privileges, Canada Post in addition hereby covenants and agrees to indemniff and keep indemnified the Municipality of all liability or judgments arising out of any liens or privileges registered as a result of the construction of a Community Mailbox and its related facilities by Canada Post, its contractors, subcontractors, material suppliers and workers. Any notice required to be given to the Municipality hereunder shall be suffrciently given personally or delivered or sent by prepaid priority courier addressed to: The Municipality of Bayham Box 160,9344PlankRoad Straffordville, ON NOJ lYO and any such notice, if mailed, shall be deemed to have been received by the Municipality on the second business day after the date on which it shall have been so mailed. Any notice required to be given to Canada Post hereunder shall be sufficiently given personally or delivered or sent by prepaid courier addressed to: CANADA POST CORPORATION Manager - Delivery Planning 300 V/ellington St. London ON N6B 3P2 8. 9. By-Law 2010-060 A By-Law to authorize the execution of an agreement (Canada Post Corporation) Page 253 of 325 Schedule "A" to BlL2010-060 -6- and any such notice, if mailed, shall be deemed to have been received by Canada Post on the second business day after the date on which it shall have been so mailed. 10. This Agreement incorporates all the terms and conditions goveming the installation, erection and relocation of Community Mailboxes on roadways within the Municþality and there is no representation or collateral agreement affecting this Agreement other than as expressed herein in writing. 11. This Agreement may not be assigned or transferred by either party without the prior written consent of the other party. 12. This Agreement shall be binding upon the Parties hereto, their successors and assigns. IN WITNESS WIIEREOF the Parties have caused their respective corporate seals to be hereto afñxed as attested by the hands of their respective proper officers in that behalf the day of the year first above written. THE CORPORATION OF THE MUNICIPALITY OF BAYHAM Per: CANADA POST CORPORATION Per: Per: By-Law 2010-060 A By-Law to authorize the execution of an agreement (Canada Post Corporation) Page 254 of 325 c\¡ c9 c\¡s Ld(5{(L App"-l ) x /- 3rl',-) ul- fi ì3/ L Jö/<) - 0ê o @ rammmr ¡lt¡ byrrbr¡nclng rlkrd oòJcctlndlcâtlng úht¡nc¡c or nb¡urcr ¡ Þ¡lnl¡d m¡rl¡rr ¡l ¡ll¡. â,'?* I aç,IJzHa =ca JH{F LJu ñ 0rlNto IFto\t Iql F{t¡, t¡to ñ r_l ñ.Fiis)c\ ü)..JI{r('.toot @* @m] rcFr Itroı'pTËñEr-l lÁ-Fx- F-mr{TEik?H.d-l >-- 4, ı v fà C H-.R..-H '+ IHSIALLÄNON REO U¡BEMEI{T loc,Anor¡ D4¡GR|FT¡OH: (u',o"rr ST- ?*orr,ut lnr o{Cw,ß.+t't 5'35q5 Clr".l St"ooJ INSTALI-AÌ|OlrI¡'"'^'*'AT\LmË.(_ Rr_ R,. DFIECITON OFFAêEI lttlEEsEsswtYNw slnEET(yl SIDEWALK( ) EgrH( I OlttEn OFHISHWAYSJUBISD|CII0!¡ ye¡ ( ) No( ) ACCESS: sf,AvEt"f/t PAVERS( ) PAnoSTO¡¡EB( ) NO!¿E( ) OTHEB( I LEHqTH VEEBAL.. LETÍERTT NA:tl 8t<H,t)Ò/t/J) B y - L a w 2 0 1 0 - 0 6 0 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 ( C a n a d a P o s t C o r p o r a t i o n ) P a g e 2 5 5 o f 3 2 5 Page 256 of 325 THE CORPORATION OF THE MTJNICIPALITY OF BAYHAM BY-LA\ry NO.2010-061 A BY-LAW TO AUTHORIZE THE EXECUTION OF A PRE.S ERVICING AGREEMENT WITII JO.LYNN PT. BURWELL INC. WITII RESPECT TO THE PROPOSED MACNEIL SUBDIVISION IN THE VILLAGE OF PORT BURWELL WHEREAS: l. Jo-Lynn Pt. Burwell Inc. has applied to the Municipality of Bayham to permit the construction of certain services in advance of the execution of a subdivision agreement and registration of a plan of subdivision. 2. The Council of the Municipality of Bayham deems it necessary and expedient to enter into an agreement with Jo-Lynn Pt. Burwell Inc. to permit the construction of such services, subject to the restrictions included on the proposed agreement. NOW THEREFORE, THE COUNCIL OF TrrE CORPORATTON OF TrrE MTINICIPALITY OF BAYIIAM ENACTS AS FOLLOWS: 1. That the Mayor and Clerk be and they are hereby authorized and directed to execute an agreement substantially in the form affixed hereto Schedule "4", being an agreement with Jo-Lynn Pt. Burwell Inc., with respect to the pre-servicing of the proposed MacNeil Subdivision. Read a FIRST and SECOND time this 17th day of June 2010. Read a THIRD and final time this 17th day of June 2010. MAYOR CLERK By-Law 2010-061 A By-Law to authorize the execution of a Pre-Servicing Agreement (Jo-Lynn Pt. Burwell Inc.) Page 257 of 325 PRE.SERVICING AGRE EMENT TIIIS AGREEMENT dated this _ day of BETWEEN: 2010. JO-LYNN PT. BURWELL INC. hereinafter called "Jo-L¡rtrn" ANI) THE CORPORATION OF THE MUNICIPALITY OF BAYIIAM hereinafter called the "Municipality" WIIEREAS: l. Jo-Lynn Pt. Burwell Inc. is the owner of land within the Municipality of Bayham described as Plan 30 Unnumbered Block 2, formerlythe Village of Port Burwell, County of Elgin, now the Municipality of Bayham and designated as Part 2 Reference Plan l lR4369 deposited in the said Land Registry Offrces as July 25,1990. 2. Jo-Lynn has made application for a Plan of Subdivision called MacNeil Subdivision and this application is filed with the Ministry of Municipal Affairs and Housing as Application # 34T-88007. 3. Jo-Lynn wishes to commence installation of certain Works on or in the lands (the "Works") within the proposed plan of subdivision and on lands owned by Jo-Lynn Pt. Burwell Inc. prior to the execution of the subdivision agreement which Works are more particularly set out in Schedule "A" attached hereto. 4. The Corporation is prepared to permit Jo-Lynn to commence installation of the Works, as requested, in accordance with the following terms and conditions. NOW THEREFORE, IN CONSIDERATION of the Corporation granting Jo-Lynn permission to commence installation of the Works for the proposed Plan of Subdivision ApplicationNo. 34-T-88007 prior to the execution of the subdivision agreement and the mufual covenants contained herein, the parties agree and acknowledge as follows: 1. Permission The Corporation hereby grants permission for Jo-Lynn to commence installation of the Works (as described in Schedule".Ã" hereto) on or in the Subdivider's Land, within the proposed plan of subdivision and on or in the lands owned by Jo-Lynn Pt. Burwell Inc. 2. Acknowledgement of Subdivider 1. Jo-Lynn acknowledges that: By-Law 2010-061 A By-Law to authorize the execution of a Pre-Servicing Agreement (Jo-Lynn Pt. Burwell Inc.) Page 258 of 325 2. 2 a) By proceeding with the 'Works in advance of execution of a subdivision agreement, they are doing so totally at their own risk. b) Proceeding with the Works in advance of execution of a subdivision agreement is not based upon any representation from the Corporation as to when any remaining site servicing for either development may be provided. c) By granting this permission the Corporation makes no representation that Jo-Lynn is not required to comply fully with all applicable conditions of approval of the plans of subdivision prior to receipt of final approval and tender for registration of the plan of subdivision. Jo-Lynn agrees: a) That no work will be permitted on any proposed public right-of-way including any public highways, easements or reserves prior to the execution of a subdivision agreement and receipt of required cash and securities with the Corporation. b) To allow the Corporation, its employees, servants and agents to enter the lands at all reasonable times and for all reasonable purposes, including but not limiting the generality of the foregoing for all necessary inspections to correct any drainage problems or to correct or eliminate any other nuisance such as dust, garbage and debris and excavations, etc, and the costs incurred by the Corporation in so doing shall be a charge to Jo-Lynn. c) To proceed with the installation of the said municipal services only in accordance with the approved plans for such services and should the construction program come to a termination for any reason to smooth, grade and to rehabilitate the site, to renew vegetation and present erosion problems and upon any failure in performing this obligation to the satisfaction of the Corporation to allow the Corporation to enter upon the lands and carry out the work deemed necessary by the Public 'Works Departrnent of the Corporation with the costs incurred by the Corporation to be drawn upon any security deposited herein. d) To comply with every direction issued or given by the Manager of Public Works of the Corporation ("Manager") during the course of pre-servicing including, and without limiting the generality of the foregoing, the cessation of the work, the installation and carrying out of additional Works the phasing of V/orks or any other matters which the Manager deems to be in the interest of the proper development of the subject and surrounding land. e) To enter into a subdivision agreement with the Corporation in a form satisfactory to the Corporation and to satisff all relevant conditions relating to the construction of the municipal services and without limiting the generality of the foregoing to satisfu all the financial, legal, servicing, engineering, By-Law 2010-061 A By-Law to authorize the execution of a Pre-Servicing Agreement (Jo-Lynn Pt. Burwell Inc.) Page 259 of 325 landscaping, and other requirements of the Corporation for the lands concerning the said municipal services. That in the event Jo-Lynn transfers their land to a third party prior to the registration of a plan the subdivider shall, prior to completing the transfer, provide the Corporation with an agreement from the new owner in a form satisfactory to the Corporation in which the new owner agrees to be bound by the terms of this preservicing agreement. That Jo-Lynn pay all administration fees as required by the Corporation as outlined on Schedul e "B" h) To allow the Corporation to draw on any securities deposited under the provisions of this agreement for the completion of any Works considered necessary by the Manager including those indicated in Schedule "4" and other work such as rectification of drainage problems and cleanup of existing roads upon verbal notification to the engineering consultant appointed by Jo-Lynn to oversee construction. Ð Should for any reason Jo-Lynn transfer appointment of construction supervision to a firm other than that named on the approved drawings noted on, Jo-Lynn shall notifu the Corporation by registered letter, at least two weeks prior to the change. 3. Jo-Lynn acknowledges that a) the Corporation is under no obligation to accqrt the V/orks as constructed and the Corporation may require the subdivider to reconstruct any or all Works prior to accepting the'Works. b) The installation of any services or the performance of any road Works does not constitute dedication of any of the lands in the proposed subdivision as a public highway c) It is the responsibility of Jo-Lynn to obtain any and all necessary approvals and permissions from all appropriate agencies and authorities relating in any way to the proposed V/orks contemplated by this agreement. d) The Corporation is not supervising the construction of these Works, and no liability will be attributed to the Corporation for the manner in which the Works are constructed. e) There is a risk that the subdivision plan may not be registered in the immediate future, and may indeed never be registered and Jo-Lynn acknowledges the risk that the registered plan of subdivision maybe considerably changed from the draft plan and that any such changes maymean some of the Works to be installed will have to be reconstructed in a different manner and any costs s) By-Law 2010-061 A By-Law to authorize the execution of a Pre-Servicing Agreement (Jo-Lynn Pt. Burwell Inc.) Page 260 of 325 5. 4 whatsoever associated with such changes shall be the responsibility of the subdivider, alone. Ð All work is to be performed on properties of Jo-Lynn and any lawsuit or claim (including construction lien claims) relating to or resulting from the performance or manner of construction of the Works shall be entirely the responsibility of Jo-Lynn and shall not in any sense be the responsibility of or involve the Corporation in any way. 3. Compliance with Bylaws. Rules and Re8ulations Jo-Lynn agrees to comply with all federal, provincial and municipal laws, rules, regulations and by-laws. 4. Hours of Installation The subdivider agrees to limit the hours of installation of the Works within the proposed plan of subdivision from 7:00 am to 7:00 pm or such other hours as set by the Manager in his discretion. Right of Entry 1. Jo-Lynn agrees to allow the Corporation, its employees, servants and agents to enter the Land within the proposed plan of subdivision al all reasonable times and for all reasonable purposes, including and without limiting the generality ofthe foregoing for all necessary inspections, correct any deficiencies and to eliminate any nuisance arising from or relating to the installation of the Works. 2. Jo-Lynn shall, forthwith upon demand, pay the Corporation for all costs incurred by the Corporation in undertaking any of the aforesaid actions. Indemnification l. Jo-Lynn shall and does hereby indemniff and save harmless the Corporation and its servants, agents and employees from all damages, actions, causes of actions, suits, claims and demands whatsoever, which may arise directly or indirectly by reason of the installation of the Works within the proposed plan of subdivision by the subdivider including without limitation damages to existing municipal infrastructure and the cost to rectiff deficiencies and eliminate any nuisances (including the cleanup of existing roads). 2. Jo-Lynn agrees to deposit with the Corporation a leffer of credit in the form and amount satisfactory to the Corporation or cash security in lieu thereof to guarantee its obligations in this agreement. For this purpose, the decision of the Manager as to whether such damage has been done or whether such rectification or cleanup is required as a result of the installation of the'Works 6. By-Law 2010-061 A By-Law to authorize the execution of a Pre-Servicing Agreement (Jo-Lynn Pt. Burwell Inc.) Page 261 of 325 7. 5 shall be final and binding. The Corporation shall be entitled to draw upon the said security for the above purposes at any time. 3. Jo-Lynn releases and forever discharges the Corporation, its members of Council, employees, servants and agents from any and all actions, causes of actions, suits, demands and claims whatsoever nature or kind, which may arise wither directly or indirectly by reason of the preservicing and the Works in the subdivider effecting the construction of the Works prior to execution of a subdivision agreement and prior to final registration of a proposed plan of subdivision. Withdrawal of Permrssron 1. The Corporation may withdraw its permission for the installation of the Works, at any time, if the Manager in his sole opinion, deems it to be in the best interest of the Corporation. Upon such withdrawal, Jo-Lynn shall forthwith cease further work with respect to the \ù/orks on or in the Land within the plan of subdivision. 2. When pursuant to subclause (l) the Corporation has withdrawn its permission, Jo-Lynn agrees that it shall have no claim whatsoever against the Corporation with respect to this agreement, the permission granted, or any installation of the V/orks performed prior to withdrawal of the permission. Revocation of Grant In any event, this grant of permission shall be automatically revoked upon registration of the plan of subdivision on title to the Lands. 9. Notice If any notice is required to be given by the Corporation to Jo-Lynn with respect to this agreement, such notice shall be delivered personally, mailed or sent by facsimile transmission to Jo-Lynn Pt. Burwell Inc. or such other address as the subdivider has given to the Corporation Clerk in writing in any such notice delivered, mailed by prepaid, first class mail or sent by facsimile transmission, shall be deemed good and sufficient notice under the terms of this agreement and to have been given upon such delivery, mailing or transmission. 10. Successors The subdivider shall require this agreement to be assumed by any successor in title, to the effect that the obligations and covenants herein shall be binding upon the executors, administrators successors and assigns. 8. By-Law 2010-061 A By-Law to authorize the execution of a Pre-Servicing Agreement (Jo-Lynn Pt. Burwell Inc.) Page 262 of 325 6 11. Number and Gender V/ords importing the singular shall include the plural and vice versa. V/ords importing gender shall include all genders. IN WITI\¡-ESS \ilHEREOF the parties have set their hands and corporate seals as attested by the hands of the proper signing officers in that behalf. SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF: THE CORPORATION OF THE MTJNICIPALITY OF BAYHAM MAYOR, Lynn Acre CLERK, Lynda Millard OWNER: JO-LYI\N PT. BURWELL INC. SIGNATURE I have the authorþ to bind the Corporation. Name:(prinÐ Position:(print) By-Law 2010-061 A By-Law to authorize the execution of a Pre-Servicing Agreement (Jo-Lynn Pt. Burwell Inc.) Page 263 of 325 SCHEDULE 6'A'' MacNeil Subdivision - Port Burwell The following are the list of plans identified by drawing numbers and descriptions that are located in the municipal office. DrawingNo. 7-31-100 7-3t-r0t 7-31-102 7-31-200 7-31-400 7-37-401 7-3t-402 7-31-403 7-31-500 7-31-501 Description General Plan of Services Plan and Profile Elizabeth Street - Easements Plan and Profile Charles Court - MacNeil Court (William on drawings is not named MacNeil) Lot Grading Plan Pre Development Plan Post Development Plan Storm Water Management Plan Landscaping Plan Details Details Date 02lt8ll0 02lt\lt0 02lt8lt0 02ll8lt0 02n8lt0 02lt\lt0 02lt8lt0 021t8110 02118110 02ll8lt0 By-Law 2010-061 A By-Law to authorize the execution of a Pre-Servicing Agreement (Jo-Lynn Pt. Burwell Inc.) Page 264 of 325 SCIIEDULE "8"(pe.1) MacNeil Subdivision - Port Burwell ESTIMATED COST OF WORKS Primary Services (including all underground Works and surface Works excluding final asphalt and boulevard Works) a) Elizabeth Street Watermain Storm Sewers Road Subtotal b) MacNeil Court (William Court on drawings) $ 55,023.80 Sanitary Sewers Watermain Storm Sewers Road c) Charles Court Sanitary Sewers S 24,426.00 Watermain $ 19,870.00 Storm Sewers $ 11,644.00 Road ('B' Gravel base only) $ 17,840.00 Subtotal Easements Storm Sewers Storm Water Management Pond Surface Asphalt Sidewalks Driveway Ramps Blvd Topsoil & Sod Blvd Trees Street Liehtine Street Lights & Wiring $ 24,926.00 $ 8,817.80 $ 21,280.00 g 24,618.00 $ 18,473.00 $ 17,700.00g 49,740.00 $110,531.00 $ 73,780.00 $ 31,389.00 $ 73,615.58 $ 10,710.00 $ 8,294.00 $ 7,000.00 $ 4,900.00 $ 2,100.00 Subtotal of Secondary Services $ 33,004.00 $ 5,000.00 Subtotal Subtotal of Primary Services $344,340.18 Secondarv Services - Phase I MacNeil Court (includes surface asphalt and boulevard Works) TOTAL Servicing Cost $382.344.18 By-Law 2010-061 A By-Law to authorize the execution of a Pre-Servicing Agreement (Jo-Lynn Pt. Burwell Inc.) Page 265 of 325 9 l. a) b) SCIIEDULE "B" (ps.2) FINANCIAL REOUIREMENTS Cash Payment Payment for Water Meters Phase 1 (14 units @9250 eacÐ Administration and Inspection Fees Based on Total Internal Servicing Cost of $382,344.18 i. 4% of first $100,000ii. 3.55% of 5282,344.18 Grand Total Cash 2.Letters of Credit a) To guarantee 700/o completion of secondary services b) Guarantee pursuant to Construction Lien Act - lïYo of primary services cost c) Legal Fees d) To guarantee l00o/o completion of Street Lighting Total Letters of Credit 3,500.00 4,000.00 10,023.22 $ 17.s23.22 $ $ $ $ $ $ 33,004.00 34,434.02 5,000.00 5,000.00 s 77.438.02 By-Law 2010-061 A By-Law to authorize the execution of a Pre-Servicing Agreement (Jo-Lynn Pt. Burwell Inc.) Page 266 of 325 THE CORPORATION OF THE MTJII-ICPALITY OF BAYHAM BY-LAW 2010-062 BEING A BY-LA\ry TO STOP UP, CLOSE A¡tD COI\IVEY PART OF THE T]NOPENED ROAD ALLOWANCE KNOWN AS CIIESTNUT STREET ACCORDING TO REGISTERED PLAI\ 54 OF THE MUNICIPALITY OF BAYHAM, FORMERLY VILLAGE OF VIENNA, IN TIIE couNTY oF ELGTN, DESIGNATED AS PARTS 1,2 AND 3 ON PLAN IIR.9227 \ilHEREAS Section 11 ofthe Municipal Act,2007, S.O.2001, c.25 as amendedprovides that alower tier municipalrty may p¿rss by-laws respecting Highways, including parking and traffrc on highways; AND \ryHEREAS Section 8 of the said Municipal Act provides that a municipality has the capacity,rights, powers, and privileges of a natural person for the purpose of exercising its authority under this or any other Act; AND WHEREAS notice of intent to pass this ByJaw has been published once in the Aylmer Express, a nerwspaper of general circulation to the area; AND WHEREAS 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 of the Municipalþ of Bayham deems it expedient to stop up, close and convey those parts of the road allowance known as Chestnut Street according to Registered Plan 54, designated as Parts 7,2 and 3 on Plan IIR-9227, and to convey such parts to the adjoining land owners. THEREFORE THE COTJNCIL OF THE CORPORATION OF THE MTJNICIPALITY OF BAYHAM 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 known as Chestnut Street according to Registered Plan 54 in the Municipality of Bayham, formerly Village of Vienna, in the County of Elgin, (Geographic Township of Bayham), designated as Parts 1,2 and3 on Plan 1 IR-9227, be and are hereby closed and stopped up. 2. THAT part of the said unopened road allowance described as Part of the road allowance known as Chestnut Street according to Registered Plan 54 in the Municipality of Bayham, formerly Village of Vienna, in the County of Elgin, (Geographic Township of Bayham), designated as Part 1 on Plan IIR-9227 shall be conveyed to Jaroslav and Vilma Barvinek for consideration in the amount of $2,750 plus reimbursement of legal, advertising, survey, and appraisal costs, and subject retention of an easement for storm water puposes. By-Law 2010-062 A By-Law to stop up, close and convey part of unopened road allowance (Chestnut Street) Page 267 of 325 THAT part of the said unopened road allowance described as Part of the road allowance known as Chestnut Street according to Registered Plan 54 in the Municipality of Bayham, formerþ Village of Vienna in the County of Elgin, (Geographic Township of Bayham), designated as Part 2 on Plan llR-9227 shall be conveyed to Abraham and Maria Dyck for consideration in the amount of $1,375 plus reimbursement of legal, advertising, survey, and appraisal costs. TIIAT part of the said unopened road allowance described as Part of the road allowance known as Chestnut Street according to Registered Plan 54 in the Municipality of Bayham, formerly Village of Vienn4 in the County of Elgin, (Geographic Township of Bayham), designated as Part 3 on Plan llR-9221 shall be conveyed to Henry and Margaret Wolf for consideration in the amount of $ I ,375 plus reimbursement of legal, advertising, survey, and appraisal costs. TI{AT this by-law shall be registered in the Land Registry Office for the Registry Division of Elgin, (No. 11). READ A FIRST, SECOND AND THIRD TIME AI\D FINALLY PASSED this 17th day ofJune,2010. MAYOR CLERK By-Law 2010-062 A By-Law to stop up, close and convey part of unopened road allowance (Chestnut Street) Page 268 of 325 THE CORPORATION OF THE MTJNICIPALITY OF BAYHAM BY-LAW 2010-063 BErNG A BY-LAW TO STOP UP, CLOSE AND COIYVEY PART OF THE TINOPENED ROAD ALLOWANCE KNOWI\ AS FIRST ALLEY ACCORDING TO REGISTERED PLAN 54 OF THE MTJNICIPALITY OF BAYHAM, FORMERLY VILLAGE OF VIENNA, IN TIIE cotiNTY oF ELGTN, DESTGNATED AS PART 1 ON PLA|I llR-9220. WHEREAS Section l1 ofthe Municipal Act, 2001, S.O. 2001, c.25 as amended provides Ihat alower tier municipality may pass by-laws respecting Highways, including parking and traffic on highways; AND \ryHEREAS 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 \ilHEREAS notice of intent to pass this By-law has been published once in the Aylmer Express, a newspaper of general circulation to the area; AND \ilHEREAS 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; AllD \ilHEREAS the Council ofthe Corporation of the Municipality of Bayham deems it expedient to stop up, close and convey that part of the road allowance known as First Alley according to Registered Plan 54 in the Municipality of Bayham, formerly Village of Vienna, in the County of Elgin, (Geographic Township of Bayham), designated as Part I on Plan 1lR- 9220, and to convey such part to the adjoining land owner. THEREFORE THE COTJNCIL OF THE CORPORATION OF THE MT]NICIPALITY OF BAYHAM 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 known as First Alley according to Registered Plan54 in the Municipality of Bayham, formerly Village of Vienna, in the County of Elgin, (Geographic Township of Bayham), designated as Part 1 on Plan 11R- 9220,be and are hereby closed and stopped up. 2. TFIAT part of the said unopened road allowance described as Part of the road allowance known as First Alley according to Registered Plan 54 in the Municipality of Bayham, formerþ Village of Vienna, in the County of Elgin, (Geographic Township of Bayham), designated as Part 1 on Plan llR-9220, shall be conveyed to Peter Dyck for consideration in the amount of $950 plus reimbursement of legal, advertising, survey, and appraisal costs. By-law 2010-063 A By-Law to stop up close and convey part of unopened road allowance (First Alley) Page 269 of 325 3. TFIAT 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 effect conveyances of those parts of the said road allowances described herein and which have been stopped up and closed. 4. THAT this by-law shall be registered in the Land Registry Offrce for the Registry Division of Elgin, (No. l1). READ A FIRST, SECOND A¡ID THIRD TIME AND FINALLY PASSED this 17th day ofJune,2010. MAYOR CLERK By-law 2010-063 A By-Law to stop up close and convey part of unopened road allowance (First Alley) Page 270 of 325 TIIE CORPORATION OF TIIE MTJIUCIPALITY OF BAYHAM BY-LAW NO. 2010-064 BEING A BY.LAW TO ADOPT THE ASSESSMENT ON WHICH TAXES SHALL BE LEVIED FOR THE YEAR 2O1O AND THE CIJRRENT ESTIMATES FOR YEAR 2OIO. \ilHEREAS Section 290 of the Municipal Act, S.O. 2001, as amended provides that a local municipality shall in each year prepare and adopt estimates of all sums required during the year for the purposes of the local municipality, and; \ilHEREAS by action of the Municipal Property Assessment Corporation, provision was made for the taking of the assessment of the Municipality, as the assessment on which the rate of taxation for the year 2010 should be levied; NOW THEREFORE THE COT]NCIL OF THE CORPORATION OF THE MTJNICIPALITY OF BAYHAM HEREBY ENACTS AS FOLLOWS: 1. THAT the assessment contained in the assessment roll of the Municipality of Bayham as made pursuant to Province of Ontario Regulations, be hereby adopted and confirmed as the assessment on which the rate of taxation for the year 2010 shall be levied. 2. TH,A.T the said assessment roll be hereby adopted and confirmed as the last revised assessment roll for the said Municipality. 3. THAT the current estimates for 2010 appended hereto in Schedule *A' are hereby adopted. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 17th DAY oF JIlrlE 2010. MAYOR CLERK By-Law 2010-064 A By-law to adopt the assessment on which taxes shall be levied for the year 2010 and the current Page 271 of 325 Schedule "A"2010 Budget Municioalitv of Bavham 2010 Summary Revenues General Taxation 2.724.256 2.861.114 Other Revenues 1.370.001 1,321.000 General Governmenl 37,333 66,350 Council Fire Services 0 rosoo 10,500 2,500 Police Services 80,000 97 Conservation Authority 0 Other Protective Services Bylaw Enforcement Services 67,300 26,750 67,300 27.600 Roads 368,696 401,757 Winter Control 9.900 9,900 Street Lights 0 0 Water , 505,183 612,491 Mater Disposal 549,944 576,525 45,00029,000 Health Services 0 -Cemeteries 0General Assistance 0 Parks & Recreation 2,600 2,600 Straffordville Commun ity Centre Vienna Community Centre 17,000, 14,500 10,500 10,500 Eden Community Centre 7,695 7.896 Libraries 63,816 59.807 Museums I 26,010 Planning, Development & Tourism 25,500 30,400 23,000 Business & Commerce Iour¡sm & Marketing 600 9,500 1,030 6.500 Environmental Services Capital 10,604 10,604 4,678,088 3,589,163 i to,aza,zoa 9,858,202 lxpenditures General Taxation Other Revenues 00oo General Government 540,501 591,808 Council 72,915 85,422 Fire Services 330,662 333,681 Police Services 704,047 722,549 Conservation Authority 36,176 37 ,611 Other Protective Services 92,284 96,584 Bylaw Enforcement Services 69,897 70,821 Roads 1,183,438 1,228,786 Winter Control Street Lights Water 117,355 48,480 112,949 48,965 612,491505,1 82 By-Law 2010-064 A By-law to adopt the assessment on which taxes shall be levied for the year 2010 and the current Page 272 of 325 2010 Budget /Vastewater 549,944 576,525 /Vaste Disposal 436,732 449,825 {ealth Services 9,546 9,694 lemeteries 16,500 16,500 3eneral Assislance 7,800 11,275 )arks & Recreation 55.922 ìtraffordville Communitv Çentre 69,6r 5 67.517 y'ienna Community Centre 51,774 51,588 lden Community Cêntre 16,225 Libraries 23,734 24,097 Museums 93,145 98,708 Planning, Development & Tourism 99,406 Business & Commerce 3,200 3,300 Tourism & Marketinq 47.455 Environmental Services 28,731 Capital 5.418.474 10,628.205 9,858,202 By-Law 2010-064 A By-law to adopt the assessment on which taxes shall be levied for the year 2010 and the current Page 273 of 325 2010 Budget -2,861,11 -1,321,000 Government 503,168)!t9! 72,915 320,162 331,181 servicæs ; 624,047 Authority 36,176 Bylaw Enforcement Services 43,147 , Development & Tourism By-Law 2010-064 A By-law to adopt the assessment on which taxes shall be levied for the year 2010 and the current Page 274 of 325 2010 Budget Municioalitv of Bavham 2010 GeneralTaxation 2009 Budqet 2010 Budoet Revenues 05.10.4010 Residential & Farm 2,702,556 2,839,414 05.10.4020 Multi-ResidentÌal 05.10.4030 Commercial Unoccupied 05.10.4040 Commercial Occupied PIL recoverable & Railway 21700 21700 05.10.4050 lndustrial Unoccupied 05 10.4060 lndustrial Occupied 05.10.4070 Pipelines 05.10.4080 Farmlands 05.10.4090 Menaged Forests 2,724,256 2.861.114 Expenditures 05.10.5580 ¡/Vriteoffs/Tax Sales 05.10.5620 fax Adjustments t5.10.5630 Assessment Charges 0 0 Notes: By-Law 2010-064 A By-law to adopt the assessment on which taxes shall be levied for the year 2010 and the current Page 275 of 325 Municipalitv of Bavham 2010 Other Revenues 2009 Budqet 2010 Budqet Revenues 1,194,001)5.20.4110 Grants & Subsidies r.019.00c )5.20.4120 Sundry Revenue 2,000 2.00c )5.20.4130 lnterest on Taxes - Cunent 32,000 32.00c )5.20.4140 lnterest on Taxes - Prior 42.000 42.00c 15.20.4150 lnvestment income 70,000 80,00c 15.20.4180 Opening Surplus (Defìcit)30,000 )5.20.4190 OMPF Reserve 146.00C 15.20.4180 Transfer from ompf res 1,370,001 1,321,00C By-Law 2010-064 A By-law to adopt the assessment on which taxes shall be levied for the year 2010 and the current Page 276 of 325 MunicipaliW of Bayham 2010 General Government 2009 Budqet 2010 Budqet 1 0.I 0.41 10 Revenues Grants & Subsidies 10 10.4'120 Tax Certificates 7,000 7,000 10.10.4130 Fees & Service Cherges 21,000 42,000 1010.4140 Lottery Licences 7.000 7.000 10.10.4190 Contributions - Reserves/Prior yea 2,333 10.350 37,333 Expenditures 10.10.5100 Salaries & Wages 3lqpqq 343,422 10.10.5110 10.10 5120 Statutory Benefits 33,009 45.012 gq,ee9 46.362Non-Statutory Benefìts 10.10.5140 Pavroll Service Charoe 3.500 3.500 10.10.5145 Bank 1.300 1.300 10.10.5160 ;lnternet Charges 10.10.5170 Supplies 9!r 9,200 936I ¿oo 10.10.5180 Computer Software & Support 22,400 18,665 10 10 5185 lI & GIS personnel 13,200 21,836 '10.10.521O Utilities 10.10.5220 SuOiðr¡pt¡ons &puul¡cations 10.10.5240 Advertising 1O '10.5250. iAssociation & Membership Fees 10.10.5260 Auditing Fees 'lO.lOSZlO euitOing M.int"n"n."1@ 9,270t 9,54q710 720 1,000 1,000 2,250i 2,295 8,100 81209 12,000 12,000 13,300 12,600 0.10.5290 GroundsMaintenance 1,250 1,250 O.1O.53OO I lnsurance 0.10.5305 lnsuranceDeductibles 17,500 17,555 10,000 10,000 0.10.5310 rLegal Fees 2,500 2,500 0 10 5320 Postege & Courier 11,330 11,670 0.10.5330 Training & Education O.1O 5340 Conferences & Seminars 0.10.5350 Travel 3,000 4,000 5,305 3,000 4,000 5,1 50 0.10.5360 Telephone 7,519 7,745 0.10.5370 Sundry 3,000 3,000 540,501 591,808 Notes: By-Law 2010-064 A By-law to adopt the assessment on which taxes shall be levied for the year 2010 and the current Page 277 of 325 Municioalitv of Bavham 2010 Gouncil 2009 Budqet 2010 Budqet Revenues 10.20.4190 Election Reserve 10,500 Expenditures 10.20.5100 Salaries & Wages 55,061 56,713 1 0.20.51 10 Statutory Benefits 3,000 3,090 't0.20.5250 Associatio & Membership 1.854 1,910 10.20.s260 Prof I Serv/Councif Directed 't0.20.5340 Conferences & Seminars 7,000 7.210 10.20.5350 Travel 2,000 2,000 10.20.5370 Sundry 500 500 't0,20.5410 Election Expense 3,500 14,000 72.915 85,422 By-Law 2010-064 A By-law to adopt the assessment on which taxes shall be levied for the year 2010 and the current Page 278 of 325 Revenues Grants & Subsidies Fees & Service Charges Transfer from Reserve 10 4180 Donat¡ons 10 5100 65,266 10 5102 10 5't 't 0 85,896 11,834 10,871 618 10 5120 1,000 1,200 20 10 5105 8,663 2,000 1,000 1,500 20 10 5335 20 10 5150 20 10 5425 1,000 0 1,000 10,000 10,000 18,566 500 725 4,500 500 3 ooo 5,000 3,000 5,835 21,250 1,000 22,248 2,500 16,738 3,863 3,090 0 2,318 17,240 4,000 2,700 4,000 2.700 I I I 330,662 333,681 .10 4130 1 0 5365 10 5130 20 10 5170 By-Law 2010-064 A By-law to adopt the assessment on which taxes shall be levied for the year 2010 and the current Page 279 of 325 Mu of 2010 Police Services 2009 B 2010 Budget Revenues 20.1 0.41 I 0 Policing grants 17,596 20.20.4120 POA 30.000 30,000 20.20.4130 Lease 50,00020.20.4190 From Reserves 50,000 80.000 97,596 Expenditures 20.5210 Utilities 3,090 3,1 83 20.20.5270 Building Maintenance 500 500 20.20.5290 Grounds Maintenance 250 250 20.20.5300 lnsurance 168i 170 20.20.5360 Telephone 600 600 20.20.5400 Reserve Policing credit 20.20.5450 Service Contract 696,439 714,846 20.20.5460 Police Services Board 3,000 3,000 704.047 722,549 By-Law 2010-064 A By-law to adopt the assessment on which taxes shall be levied for the year 2010 and the current Page 280 of 325 lllunicipalitv of Bayham Gonseryation Authoritv By-Law 2010-064 A By-law to adopt the assessment on which taxes shall be levied for the year 2010 and the current Page 281 of 325 MunicipaliW of Bayham 2010 Buildinq Services 2009 Budget 2010 Budget Revenues 10.10.4110 Grants & Subsidies 20.40.4130 Building Permits 60.000 60,000 20.40.4140 Septic System Permits 7,000 7,000 20.40.4150 Sundry Revenues 300 300 67 300 67 Expenditurcs 20.40.5'100 Salaries & Wages 59.920 63.470 20.40.51 10 Statutory Benefits 6.591 6,789 20.40.5120 Non-Statutory Benefits 8,988 9,258 20.40.5170 Supplies 925 950 20.40.5175 Enforcement Costs 20.40.5220 Subscriptions and Publications 250 250 20.40 5240 Advertising 200 200 20.40.5510 Administrative Overhead 2,600 2,600 20.40.5250 Association & Membership Fees 400 645 20.40.5295 Vehicle Maintenance 1.027 1.027 20.40.5300 lnsurance 902 915 2,500 2,50020.40.5310 Legal Fees 20.40.5330 Training & Education 2,500 2,500 20.40.5340 Conferences & Seminars 2,500 2,500 20.40.5350 Travel 900 540 900 54020.40.5360 Telephone 20.40.5450 ContractServices 20.40.5970 Sundry 92,284 96,584 11 By-Law 2010-064 A By-law to adopt the assessment on which taxes shall be levied for the year 2010 and the current Page 282 of 325 Municipalitv of Bavham 20',0 Bvlaw Enforcement 2009 Budqet 2010 Budset Revenues 20.50.41 10 Grants & Subsidies 20.50.4120 Dog Tag Sales 19.750 24.OOC 20.50.4130 Administration fees 40c 20.50.4160 Fines/Court Awards 20c 20.50.4150 Recoverable Costs 7.000 3.00c 26.750 27,60C Expenditures .5100 Salaries & Waoes 27.234 29,011 20.50 51 10 20.50.5120 Statutory Benefits 2,996 3 086 4208Non-Statutory Benefits 4,085 20.50.5150 Health & Safety Supplies 200 206 20.50.5170 Office Supplies 150 155 20.50.5175 Enforcement Costs 4000 515 3000 53020.50 5240 Advertising 20.50.5250 Association & Membership Fees 515 530 20.50.5295 Vehicle Maintenance I 500 1500 20.50.5300 lnsurance Legal Fees 902 4000 915 800020.50.5310 20.50.5330 & Education 2000 1 500 20.50.5340 Conferences & Seminars 1 500 1 500 20.50.5350 20 50.5370 20.50.5450 300 15q 15,500 15,500 20.50 5470 20.50.5475 Dog Tags - Licensing Agent Dog Tags - Supplies 3,5001,ooo -t,oæ69,897; 70,821 12 By-Law 2010-064 A By-law to adopt the assessment on which taxes shall be levied for the year 2010 and the current Page 283 of 325 loads Department 2009 Budget maintenance :old salt shed. lockers for survev equipment and new l3 By-Law 2010-064 A By-law to adopt the assessment on which taxes shall be levied for the year 2010 and the current Page 284 of 325 Municipality of Bavham 2010 Winter Control 2009 Budqet 2010 Budqet Revenues 25.20.4110 Grants & Subsidies 9.900 9.900 Expenditures 25.20.5100 Salaries & Wages 26,555 27,352 ¿5.20.5170 Materials 40,000 38.797 25.205280 Equipment Maintenance 19,500 15,500 25.20.5370 Sundry 300 300 25.24.5520 Service Contract - Pt Burwe 9.000 9,000 25.20.5530 Service Contract - Vienna 5,000 5,000 25.20.5540 Service Contract - Straff 4.500 4,500 25.20.5550 Service Contract - Eden 3,000 3,000 25.20.5555 Service Contract - Richmon 2,500 2,500 ¿5.20.5560 Service Contract - Sidewalk 7,000 7.000 1 17,355 112.949 14 By-Law 2010-064 A By-law to adopt the assessment on which taxes shall be levied for the year 2010 and the current Page 285 of 325 Municipality of Bayham 2010 Street Liqhts 2009 Budqet 2010 Budqet Revenues 25.40.5520 Sl-A Port Bun¡vell 16,160 16,322 25.40.5530 Sl-A Vienna 6,060 6,121 25.40.5540 Sl-A Straffordville 14,140 14,281 25.40.5550 Sl-A Eden 6,060 6,121 25.40.5560 Sl-A Corinth 3,030 3,06C 25.40.5570 Sl-A Richmond 3,030 3,06C 48,480 48.965 15 By-Law 2010-064 A By-law to adopt the assessment on which taxes shall be levied for the year 2010 and the current Page 286 of 325 30.10.4010 WaterBillings 491,384 i 485,084 40,000 30.1O.4120'Water Meters 30.10.4140 jWater Connect Chgs Vienna 1,500 5,658 1,500 5,658 6,641 6,549 l 30.10.4150 Penalties & lnterest 30.10.5100 30.1 0.51 I 0 30.10.5'120 10.5170 30.10.5175 10.5180 10.5210 30.10.5295 iVe¡ricle maintenance 30 10.5300 30.10.5310 30.10.5330 Training & Education 3o1o533t lli""n.". 30.10.5340 lConferences & Seminars 30.10 5360 Telephone & lnternet iSupplies iTools and Equipment Lab Fees Legal Fees 758 30.10.5410 Water guality Management I 2,500 iSyster 213,667l 4q1ql 30.10.5520 Water Supply 91,633 30.10.5620ut¡lrtyRojustments - [ l.lRichmond Operations 16 By-Law 2010-064 A By-law to adopt the assessment on which taxes shall be levied for the year 2010 and the current Page 287 of 325 Municipality of Bayham Reverues 30 20 4010 30 20.4',t10 Sewer Billings Grants & Subsidies 30 20 4125 lnvestrnent lncome I I 1.000 11500 I 8,1001 8200 123 9,500 96009,500 746 54g,g44 t 525 :-xpendllyres 1 lAdmin¡strative I IAUrflilUsUdUvç _ ] 30 30 30 200 2oo 30. ip Fees 120 140t;: 30 20 4't20 30 20 41 30 30 20.4150 30.20.531 0 r.551 o LAdministralive qygr¡geq r.5620 Adjustments 30.20.5215 Propertytaxes . Collection System ).20 5175 Supplies - Collection ).20 5211 ]Ut¡l¡ties-Collection System )205275 lOdourControl 30 20 5280 System Maintenance 0 20 5295 Vehicle Maintenance l -ili Treatment Plant I 30.20 5180 lt "b Fe.s I 000 820030.20 5180 lt-ao rees 8,000 30.20.5190 lC¡rem¡cals 5,800 30.20.5260 lAuditins rees 1,-!þ0L 1800 30.20.5305 lln.rr"nc" 5,664 5,834 zo.ss3ol-rr"¡n¡nn&Fd*1,:.n a 2OOO 2{OO 225 4,000 ] 2500160 170 I zu.ÒJcu llravet tou, trv 20.5360 lrelephone & lnternet !¿qq 33OO ,o53io Tsr.d,y L LOql 110 to.2o.54oo Transfers to Reserves 164,173' I 81907 l 360/21' 384,{384 6500 3o2O.s21O Utitities ptant ' sg"81g ao,s77 3o2os17o þoor'"9-er-t . 2,29q_ 2300 so.20.s215 Property taxes 4,410 !þ31 3oro5r?o [Buildinglerani uainìenanc" 12,OOO 9500 3o20.5285 Equipm_ent Mtce - Plant '16,500 12000 30 20 5290 lcrounds Ma¡ntenance _ 21290 2400 30 20.5300 istudge ttaulage/Disposal 17,000 17500 I I 126'923 850 25,750 24,500 10,000 1.200 549,944 900 26,523 25000 15000 600 68 5 Sewer Sundry Charges Septege Receiving Charges 17 By-Law 2010-064 A By-law to adopt the assessment on which taxes shall be levied for the year 2010 and the current Page 288 of 325 Municipalitv of Bayham 2010 Waste Disposal 2009 Budqet 2010 Budqet Revenues 30.30.41 10 Grants 24,000 40,000 30.30.4120 Sundrv - WDO 5,000 5,000 29.000 45.000 Expenditures 30.30.5r 00 Salaries and Wages 3,090 3,1 83 30.30.5240 Advertising 300 300 30.30.5450 úVaste Disposal 250.146 257,650 30.30.5455 Recycling 155.695 160,366 Larqe ltem Drop off/HHW Dav 27.501 28,326 Add¡tional Garbage bins 436.732 449,825 Notes: 18 By-Law 2010-064 A By-law to adopt the assessment on which taxes shall be levied for the year 2010 and the current Page 289 of 325 Municioalitv of Bavham 2010 Health Services 2009 Budqet 2010 Budqet Revenues Grants & Subsidies Expenditures l5 10.5100 Salaries & Wages 15.10.51 1 0 Statutory Benef¡ts l5 10.5120 Non Statutory Benefits 35.10.5170 Supplies 15 10.5210 Ut tes 4J20 4.244 J5.10.5270 Building Maintenance 2,000 2,000 15.10 5290 Grounds Maintenance 1.000 1,000 15.10.5300 lnsurance Travel 1.826 1,850 ls.'t0.5350 15.10.5370 Sundry 600 600 15.10.5450 Health - Doctor funding 9,546 9.694 19 By-Law 2010-064 A By-law to adopt the assessment on which taxes shall be levied for the year 2010 and the current Page 290 of 325 lllunicioalitv of Bavham 2010 Gemeteries 2009 Budset 2010 Budqet Rerænues Sundry Revenue Grounds Maintenance 14.500 Sundry/lnterest 2.000 2.000 16.500 16,500 Notes 20 By-Law 2010-064 A By-law to adopt the assessment on which taxes shall be levied for the year 2010 and the current Page 291 of 325 Municipalitv of Bavham 2010 General Assistance 2009 Budoet 2010 Budoet Revenues 40.10.4190 Grants and Donations Expenditqres General Assistance Grants 7.800 11.275 21 By-Law 2010-064 A By-law to adopt the assessment on which taxes shall be levied for the year 2010 and the current Page 292 of 325 Parks & Recreatiın 2009 Budqr t Revenues 10.4110 Grants & Subsidies 21,795 22,449 10.51 10 iStatutory Benefits 3,992 4,112 10 5210 Utilities Eqryq!! r¡!I!9!9!* |Grounds Maintenance 10.5620 Special Events - Other 22 By-Law 2010-064 A By-law to adopt the assessment on which taxes shall be levied for the year 2010 and the current Page 293 of 325 MunicipaliW of Bavham 2010 Straffordville Communitv Centre 2009 Budget 2010 Budget Revenues 45.20.4110 Grants & Subsidies 45.20.4120 Sundry Revenue 4520 4130 Rentals Mix 12,500 12,500 45.20.4140 4,500 2,000 45.20.4180 Donat¡ons 17.000 14,500 Expenditures 45.20.5100 Salaries & Waqes 10.890 11.217 45.20.51 10 Statutory Benefits Supplies 855 5,000 881 2,50045.20.5170 +5.20.5210 Utilities 21,630 21,630 r5.20.5270 Building Maintenance 3,3001 3,300 r5.20.5280 t5.20.5290 Equipment Maintenance 3,000 5.500 3,000 5,500Grounds Maintenance 15.20.5300 lnsurance 4.436 4.485 15.20.5360 Telephone 200 200 45.20.5370 45.20.5450 Sundry Service Contract 900 13.905 69.615 67.517 23 By-Law 2010-064 A By-law to adopt the assessment on which taxes shall be levied for the year 2010 and the current Page 294 of 325 Municioalitv of Bavham 2010 Vienna Communitv Centre 2009 Budqet 2010 Bud Revenues 45.30.4120 Sundry Revenue 45.30.4130 Rentals 10,500 10,500 45.30.4180 Donations 10,500 10,500 45.30.5100 Expenditures Mgmt Contract 9,500 10,265 45.30 5170 Supplies 2,000 1,000 45.30.5210 Utilities 13,390 13,390 45.30.5270 Building Maintenance 4,600 3,000 4,600 3,00045.30.5280 Equipment Maintenance 45.30.5290 Grounds Maintenance 3,500 3,500 45.30.5300 lnsurance 4.436 4,485 45.30.5360 Telephone Sundry 960 960 45.30.5370 500 500 45.30.5450 Service Contract 9,888 9,888 51.774 51,588 24 By-Law 2010-064 A By-law to adopt the assessment on which taxes shall be levied for the year 2010 and the current Page 295 of 325 Municipality of Bayham 2010 Eden Communitv Centre 2009 Budqet 2010 Budqet Revenues 45.35.4120 Sundry Revenue 45.35.4130 Rentals 7,695 7,896 45.35.4180 Donations 0 7,695 7.896 Expenditures 45.35.5170 45.35.5210 Utilities 6,695 6,896 45.355270 Building Maintenance 3,500 1,000 45.35.5280 Equipment Maintenance 2,000 2,000 45.35.5290 Grounds Maintenance 2,000 2,000 45.35.5300 lnsurance 2,030 2,055 45.35.5360 Telephone 45.35.5370 Sundry 45.35.5450 Service Contract 16,225 13,951 25 By-Law 2010-064 A By-law to adopt the assessment on which taxes shall be levied for the year 2010 and the current Page 296 of 325 Municioalitv of Bavham 2010 Libraries 2009 Budoet 2010 Budqet Revenues t5.40.5210 Ut les 11,670 t5.40.5270 Bu¡lding Maintenance 7.750 7,750 15.40.5290 Grounds Maintenance 2.500 2,500 r5.40.5300 2,154 2,177 45.40.5400 Library Reserve 23,734 24.097 26 By-Law 2010-064 A By-law to adopt the assessment on which taxes shall be levied for the year 2010 and the current Page 297 of 325 Municioalitv of Bavham 2010 Museums 2009 Budqet I 20f0 Budset l Revenues 45.50.41 10 Grants & Subsid¡es 7,560 9,000 45 50 41 30 Admissions 8,000 8,000 45.50.4170 Children's Programs jqq 9.0q500 4,00045 50 4190 Transfer from Reserve/prior year 45 50.4120 Sundry 400 400 Expenditures 16,960 21,90C 45 50 5100 Salaries & Wages 38,080 39,222 45.50.5110 iStatutory Benefits !,8qq 4,q1t2,000 2,00cs.so 5170 tOffìce Supplies 50qi _ soc 12,875 11,50C 45.50 5240 3,000 3,00c 2,500 3,00c45 50 5245 45 50 5250 Memberships 550 55C 45.50.5270 Maintenance 7,50C 45.50 5280 Equipment Maintenance 1,500 2,00c 45.50.5290 Grounds Maintenance 3,500 4,00c 45 50 5300 lnsurance 2,596, 2,625 45 50 5360 elephone 1,500 1,50C 45 50 5340 45.50.5350 Conferences & Seminars Travel 400, 40c 400 40c 45 50 5370 Sundry 1,000 2,00c 45.50.5450 Contracted Services 3,000 5,00c 45 50.5600 45 50.5610 Special Project Soecial Events 500 500 c i¡oc 84 90,208 FUND RAISING Revenue: -67,13 -68,308 4b50.4180 jFundraising 45.50 41Bs Donations 7,550, Z,qo!1,500 1,000 9,050 8,500 Expenditures; I ¿s.so.slao lFunìra¡sing expense I 4s.50 s4oo Transfer to Reserves I 3,975 4,000 5,075 4,500 9,050 8,500 0 0 Notes: I 27 By-Law 2010-064 A By-law to adopt the assessment on which taxes shall be levied for the year 2010 and the current Page 298 of 325 --T-_- -t 2009 Budqãt 20f0 Budqet i20!0ñt---!-- 2,000 12,000 10,000 2,000 2,000 3,000 2,000 50.10.4120 Sundry Revenue .10.4130 Zoning Certifìcates OPA Charges .10.4160 Minor Variance Charges so.lqryq Je'19 Pla¡ Q!9¡9qs 50 10 4180 Plan of Subdivision fees 4,000 3,000 2,000 3,000 50.10.4190 I Development Agreement fees 50 10.5100 50.10.5110 Statutory Benefits Non-Statutory Benefits 50.10.5'170 50.1 0.5240 50.10 5320 Postage 0 Conferences & Seminars 50.10.5370 Sundry 28 BudgeV2O10 Budget Final for By-law/Planning By-Law 2010-064 A By-law to adopt the assessment on which taxes shall be levied for the year 2010 and the current Page 299 of 325 Municipalitv of Bavham 2010 Business and Gommerce 2009 Budqet 2010 Budqet Revenues 50.12.41'tO Grants & Subsidies 0 50.12.4170 Lease Revenues 1.030 600 0 1.030 600 Expenditures r0.12.5100 Salaries & Wages i0.12.52',t0 Utilities 500 525 t0.12.5240 Advertising 200 200 t0.12.5270 Beautification 2,500 2,575 Conferences & Seminars 50.12.5370 Sundry 3,200 3.300 29 By-Law 2010-064 A By-law to adopt the assessment on which taxes shall be levied for the year 2010 and the current Page 300 of 325 Municioalitv of Bavham 2010 Tourism & Marketino 2009 Budqet 2010 Budset Revenues 50.15.41 10 Grants & Subsidies 3,500 6,500 50.15.4120 Sundry 50.15.4170 Lease Revenues 3,000 3,000 6,500 9,500 50.15.5100 Expenditures 8,755 9,018Salaries & Wages lnter Centre staffing 3,500 50.1 5.51 1 0 Statutory benefits 50.15 5210 Util¡ties q,80!_ 3,950 7,140 3,20050.15.5215 I nterpretive Centre Operations 50.15.5230 Brochures 3,000 4,200_ 50.1 5.5240 Advertising 8,000 8,400 50.15.5245 50.15.5250 Promotional items 500 500450 473Memberships 50.15.5260 Festivals 4,000 6,000 50.15.5270 Beautification 600 650 50.15.5290 Beach Maintenance Conferences & Seminars 8,000 250 8,400 25050.15.5340 50.15.5370 Sundry 250 250 50.1 5.5600 Special Projects 2,500 1.625 47,055 53,605 30 By-Law 2010-064 A By-law to adopt the assessment on which taxes shall be levied for the year 2010 and the current Page 301 of 325 Municipalitv of Bavham 2010 Environmental Services 2009 Budqet 2010 Budqet Revenues 50.24.4110 Srants & Subsidies 5,000 5,000 50.20.4140 Tile Drain Charges 5,604 5.604 10.604 10,604 Expenditures Salaries & Wages 14,161 50.20.5102 ìichmond Water wages 50.20.5110 Statutory Benefits 1,557 1,604 Non-Statutory Benefits 2.124 2,188 50.20.5170 Supplies/Stock 750 750 Professional Services r,000 1,000 t0.20.5270 Water Sampling & Testing 3,000 3,000 t0.20.5290 Drain Maintenance i0.20.5370 Sundry t0.20.5380 Tile Drain Debt Charges 5,604 5,604 28j96 28.731 31 By-Law 2010-064 A By-law to adopt the assessment on which taxes shall be levied for the year 2010 and the current Page 302 of 325 Municipality of Bayham 2010 Caoital 2009 Budoet 2010 Budqet Revenues :inancing 4,678,088 Gross Expenditures 5,4',18,474 4.350.228 5,418.474 4.350.228 Net Caoital Exoense 761.065 32 By-Law 2010-064 A By-law to adopt the assessment on which taxes shall be levied for the year 2010 and the current Page 303 of 325 By-Law 2010-064 A By-law to adopt the assessment on which taxes shall be levied for the year 2010 and the current Page 304 of 325 By-Law 2010-064 A By-law to adopt the assessment on which taxes shall be levied for the year 2010 and the current Page 305 of 325 35 By-Law 2010-064 A By-law to adopt the assessment on which taxes shall be levied for the year 2010 and the current Page 306 of 325 2010 Budget Reserve Funds RESERVE FUNDS 2008 BAYHAM Park Reserve Fund Beginning Balance 50,039 Increase in the Decrease in the year Endine Balance 9,759 723 23,07s 627 627 118,þ47i ?12,rro 774,e70 216,723 | 164,113 182,082 16.240 108.333 54.000 719.130 774.970 ll,5l4 I 1.5 l4 2,885 3,009 Eden I Reserve Fund Beginning Balance Increase in the year Decrease in the year Endine Balance Reserve Fund Beginning Balance Increase in the year Decrease in the year Ending Balance lncrease in the vear Decrease in the year Ending Balance Fire rt Capital Equipment Beginning Balance Increase in the year Decrease in the year t24 | Ending Balance J Development Purposes Beginning Balance 11,228 3,009 3,009 26,031 26,031 009 Increase in the year 22,553 Decrease in the year 7.750 Ending Balance 26.031 26,031 Edison Museum Beginning Balance 48,512 Increase in the year 6,741 Decrease in the year 15,5 83 Ending Balance 39.670 41.670 48,170 Seawall repair Beginning Balance 3,969 3,969 Increase in the year Decrease in the year Endins Balance 3,969 3.969 3.969 031 39,670 2,000 41,670 6,500 Unaudited 2009 Proposed 2010 BAYHAM BAYHAM 23,075 23,075 36 By-Law 2010-064 A By-law to adopt the assessment on which taxes shall be levied for the year 2010 and the current Page 307 of 325 2010 Budget Straffordville Community Centre Besinnins Balance 16,162 31,332 32,832 Increase in the year 25,695 1,500 15,000 Decrease in the year 10.s25 Ending Balance 31.332 32,832 47,832 Vienna Community Centre Beginning Balance 1,615 16,684 24,184 Increase in the year 15,069 7,500 15,000 Decrease in the year Ending Balance t6,684 24.784 39.184 TOTAL RESERVE FUNDS 874,414 941.254 1.075.836 37 By-Law 2010-064 A By-law to adopt the assessment on which taxes shall be levied for the year 2010 and the current Page 308 of 325 THE CORPORATION OT'THE MUMCIPALITY OF BAYHAM BY-LAW NO. 2010-065 BEING A BY.LAW TO ADOPT THE CAPITAL ESTIMATES FOR THE YEAR 2O1O WHEREAS Section 290 of the Municipal Act, S.O. 2001, as amended provides that a local municipality shall in each year prepare and adopt estimates of all sums required during the year for the purposes of the local municipality, and; WHEREAS it is necessary and expedient to levy on the whole rateable property according to the last revised assessment roll of the Municipality the sum of $761,065 for the capital program of the lower-tier municipality for the current year, NOW THEREFORE THE COTINCIL OF THE CORPORATION OF THE MTJNICIPALITY OF BAYHAM HEREBY ENACTS AS FOLLOWS: 1. THAT the capital program, capital cash requirements for long term debt repayment and reserve and reserve fund allocations, in the amount of $4,350,228 be approved. 2. THAT the capital program and the cash requirements be funded in total as follows: a) Tax levy - $761,065 b) 2009 unexpended capital financing - $17,900 c) V/ithdrawals from reserves and reserve funds - $1,215,866 d) Grants - $1,215,866 e) Long Term Debt and Other Revenues - $2,355,397 3. THAT the tax levy requirement of $761,065 be incorporated into the 2010 cunent estimates for the purposes of determining the tax rates for 2010. 4. THAT the capital estimates appended hereto as Schedule"A') are hereby adopted. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 17TH DAY oF JUNE,2010. MAYOR CLERK By-Law 2010-065 A By-Law to adopt the Capital Estimates for the year 2010 Page 309 of 325 Schedule rrArr to By-law 2010-065 Capital Budget 2010 Budget Tax Lew Unexoend.'09 Reserves Other Notes Computer Equipment Municipal office Reserve for working capital 10,000 10,000 Cash requirements item Transfer to Computer Reserve 54q0_ - s,OeQ_Cash reouirements item Apparatus Apparatus Reserve Allocation 8s,000 85,000 Cash requirements item Pumper/rescue unit Pickup 13,500 13,500 Road Eouioment Reserve Building Building Renewal reserve 65,000 65.000 Cash requirements item - Por.t Burwell Station 675,000 140,000 535.000 fire blde res: lons term debt - Straff Stn, exhaust system 10,000 10,000 fire major equip reserve Major Equipment Renewal Major equipment reserve 18,000 18,000 Cash requirements item Portable Radios Pagers Annual Remuneration Reserve 2,500 2,500 l Cash requirements item Vehicle Reserve 3,000 3,000 Cash requirements item Vehicle Reserve 3.000 3,000 Cash requirements item B y - L a w 2 0 1 0 - 0 6 5 A B y - L a w t o a d o p t t h e C a p i t a l E s t i m a t e s f o r t h e y e a r 2 0 1 0 P a g e 3 1 0 o f 3 2 5 Schedule "Arr to Bylaw 2010-065 Capital Budget 20to Proiect Budget TaxLew Reserves Other Notes Purchase Trf to Equioment Reserve 140,000 r40,000 Machine Usaee (Cash Reo.) - Pickup Truck 40,000 40,000 road equipment reserve - road patrol manager (software)30,000 30,000 road equipment reserve - GPS for vehicles 49,000 49,000 Gas Tax Reserve Reclaimer 0 0 road equipment reserve Rotery Mower 9,000 9,000 road equipment reserve Construction Projects Trf to Road Construction Reserve 339,900 339,9001 Cash reouirements item - Brown Sideroad roads & bridses Ðant res Schafer (Goshen - Eden)road construction reserve Pro - vanous sectlons 30,000 30,000 road construction reserve Milton Street 40,000 40.000 Gas Tax Reserve Projects Lamers Line 30.000 30,000 Gas Tax Reserve Rídge Road 2s.000 25,000 Gas Tax Reserve James Line 12.000 12,000 Gas Tax Reserve Tar & Chip Resurface - Goshen (Baynor - Schafer)15,600 r s,600 road construction reserve New Tar & Chip Surface - Tollgate (light - Tunnell)90,000 90,000 road construction reserve - Murray (Talbot to Eden)65,000 65.00c Gas Tax Reserve B y - L a w 2 0 1 0 - 0 6 5 A B y - L a w t o a d o p t t h e C a p i t a l E s t i m a t e s f o r t h e y e a r 2 0 1 0 P a g e 3 1 1 o f 3 2 5 Schedule 'rArr to By-law 2010-065 Capital Budget 2010 Proiect Slurry Seal - Bayham/-lr,lorfolk (Plank - Goshen) - Schafer (Coshen - BayhamÀ{orfolk) - Green (pressey - Talbot) - Somers (Best - Talbot) - Bogus (Light - Calton) - Ottergate (east end) - Ottergate (west end)34,560 Other - Guard rails - Works Building, air curtains - Carson Bridge Other Notes road construction reserve road construction reserve road construction reserve road construction reserye road construction reserve road construction reserye road construction reserye Infrastructure Reserve roads & bridses grant res Gravel/Shoulder grading - County Tree Trim - County Catchbasins - County (Herltage, Litg) Sidewalks - New Repairs 25,000 20,000 l 2s.000 County request 0 County request 8,000 County request Infrastructure Reserve Street Liehts - new lights 5,000 5,000 - new arrns as required r0,000 r 0,000 nfrastructure Reserve B y - L a w 2 0 1 0 - 0 6 5 A B y - L a w t o a d o p t t h e C a p i t a l E s t i m a t e s f o r t h e y e a r 2 0 1 0 P a g e 3 1 2 o f 3 2 5 Schedule rrArr to ByJaw 2010-065 Capital Budget 2010 Proiect Tax Lew Unexpend. t09 Reserves Other Notes septage receiving facility r 90,000 190,000 nfrastructure grant - air release valves 8,000 8,000 water reserve 4x4 truck - split between w & ww 13,600 13,600 water reserve water renewal project 120,000 680,000 nfra reserve, ratepayers, ltd water capacity study 8,000 8,000 water reserve Richmond Water -419 4r 9,500 Water Rates/Long term debt 4x4 truck - split between w & ww 20.400 sewer reserve - Brock St pump station repairs 10,000 10,000 sewer reserye - valve actuator 4,500 4,500 sewer reserve - air blower rebuilds 6,000 6,000 sewer reserve - capacitor bank r s,000 15,000 lewer reserve STP paving 6,000 6,000 reserve rebuilds 37,000 37,000 reserve Ltd 219,943 13,546 206,39',1 sewer reserye, rate payments - Car port, soffrt to Parks Reserve - Park Improve.I I Cash requirements item rfto Parks Reserve - Playground Cash requirements item 70 30,000 40,000 oa¡k res/fund and future years B y - L a w 2 0 1 0 - 0 6 5 A B y - L a w t o a d o p t t h e C a p i t a l E s t i m a t e s f o r t h e y e a r 2 0 1 0 P a g e 3 1 3 o f 3 2 5 Schedule 'rArr to By-law 2010-065 Capital Budget 2010 Proiect Budeet Tax Levv i Unexpend. '09 Reserves Other Notes Trf to Reserve 1s,000 15.000 Sash reouirements item Trf to Reserve 15,000 15,000 Cash requirements item - building upgrades 65.000 22.000 43.000 2011,2012 tax lew - Vienna Building Trf to Building Renewal Reserve 30,000 30,000 libra¡y reserve 25,000 25,000 Cash requirements item Trf to Edison Building Reserve 0 0 Cash requirements item General Reserve 3,000 3,000 Cash requirements item Liehthouse Paintine 19,66s t9,66s - Guysboro - East pier 15,000 r5,000 Cash requirements item Ec Dev - Signs 17.900 17.900 Façade Program 0 0 Cash requirements item - Wind Tower Kiosk B y - L a w 2 0 1 0 - 0 6 5 A B y - L a w t o a d o p t t h e C a p i t a l E s t i m a t e s f o r t h e y e a r 2 0 1 0 P a g e 3 1 4 o f 3 2 5 Schedule I'Arr to Bylaw 2010-065 Capital Budget 2010 B y - L a w 2 0 1 0 - 0 6 5 A B y - L a w t o a d o p t t h e C a p i t a l E s t i m a t e s f o r t h e y e a r 2 0 1 0 P a g e 3 1 5 o f 3 2 5 Page 316 of 325 THE CORPORATION OF THE MTJI{ICIPALITY OF BAYHAM BY-LAW NO. 2010-066 BEING A BY.LAW TO ESTABLISH A LEVY FOR TTIE YEAR 2O1O TO ADOPT TAX RATES, PROVIDE FOR PENALTY AND INTEREST IN DEFATJLT OF PAYMENT AIID THE COLLECTION THEREOF WHEREAS the Municipal Act, 2001, S.O. 2001, c.25 as amended provides that the Council of a local municipality pass a by-law to levy a separate tax rate on the assessment in each property class, and; WHEREAS the Municipal Act, 2001, S.O. 2001, c.25 require tax rates to be established in the same proportion to tax ratios, and; WHEREAS certain regulations require reductions in certain tax rates for certain classes or subclasses of propefy, and; WHEREAS it is necessary and expedient to levy on the whole rateable property according to the last revised assessment roll of the Municipahty the sum of $2,839,414 for the purposes of the lower-tier municipality for the current year, NOW THEREFORE THE COT]NCIL OF THE CORPORATION OF THE MTJNICIPALITY OF BAYTIAM HEREBY ENACTS AS FOLLOWS: 1. THAT for the purpose of providing for the Corporation's general pu{poses, the tax rates set out in Schedule *4" be hereby adopted and levied for the year 2010 upon the whole of the said assessment of the Municipalþ according to the last revised assessment roll. 2. THAT for the purpose of providing for the County of Elgin general levy, the tax rates set out in County of Elgin By-Law 10-12 be hereby levied for the year 2010 upon the whole of the said assessment of the Municipality according to the last revised assessment roll. 3. THAT in addition, for the pu{poses of providing for the public and separate school education pu{poses, the tax rates set out by the Minister of Finance under Regulation 98/06,as revised, of the Education Act be hereby levied for the year 2010 upon the respective portions of the said assessment of the School supporters of the said Municipality according to the last revised assessment roll. 4. THAT all taxes and other special rates shall be paid in the office of the Tax Collector or Treasurer of the Municipality of Bayham. 5. THAT taxes for all properties shall become due and payable one-half on or before August 27,2010 and one-half on or before November 19,2010, and non-payment of the amount, as noted, on the dates stated in accordance with this section shall constitute default. By-Law 2010-066 A By-Law to establish a levy for the year 2010, to adopt tax rates, provide for penalty and interest in default Page 317 of 325 By-law 2010-066 6. THAT on all taxes, which are in default on the 1st day following the above noted due dates, a penaþ of l.25Yo shall be added and thereafter a penaþ of l.25Yo per month will be added on the 1tt day of each and every month the default continues, until December 31't, 2010. 7. THAT on all taxes in default on January ft, 2011, interest shall be added at the rate of 1.25% per month for each month or fraction thereof in which the default continues. 8. THAT penalties and interest added in default shall become due and payable and shall be collected as if the same had originally been imposed and formed part of such unpaid tax levy. 9. THAT the Collector shall cause the same to be mailed to the residence or place of business of such person indicated on the last revised assessment roll, a written or printed notice specifying that amount oftaxes payable. 10. THAT all by-laws inconsistent with the provisions of this by-law are hereby repealed. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 17TII DAY or'illNE 2010. MAYOR CLERK -7 - By-Law 2010-066 A By-Law to establish a levy for the year 2010, to adopt tax rates, provide for penalty and interest in default Page 318 of 325 ByJaw 2010-066 -3- CORPORATION OF THE MT]IIICIPALITY OF BAYHAM BY-LAW NO. 2010-066 Schedule A Property Class Resident ia:-/ Farm Farml-and Awaiting Development MuIti -Residential Commercial- Occupj-ed Commercial Vacant Units Commercial Vacant Land Industrial Occupied Industriaf Vacant Units Industrial- Vacant Land Pipelines Farmlands Managed Forests 2O7O Tax Rate 0 . 63s 6682 0.317834% L.49L1-49% 1. 040970% 0.7286192 0 .1286192 L.4L4424Z 0 . 919316eà 0.9193162 0.'727585å 0 . 15 891,12 0.1589L1% By-Law 2010-066 A By-Law to establish a levy for the year 2010, to adopt tax rates, provide for penalty and interest in default Page 319 of 325 Page 320 of 325 THE CORPORATION OF THE MT]NICIPALITY OF BAYHAM BY-LAWNO. 2580-2010 WIELER BEING A BY-LAW TO A,MEND BY-LAW No.7A5Ç2003, AS AMENDED WHEREAS the Council of the Corporation of the Municipality of Bayham deems it necessary to amend ZonngByJaw No. 2456-2003, as amended; THEREFORE, the Council of the Corporation of the Municipalþ of Bayham enacts as follows: 1) THAT ByJaw No. 2A56-2003, as amended, is hereby further amended by amending Schedule "A", Map No. 9, by deleting from the Rural Industrial (M2) Zone and adding to the site-specific Rural Industrial (M2-10) Zone, those lands which are outlined in heavy solid lines and marked M2-10 on Schedule "A" to this ByJaw, which schedule is attached to a¡rd forms part of this ByJaw. 2) THAT By-law No. ZA56-2003, as amended, is hereby further amended by adding the following new subsection: ,,W& 21.10.10.1 Defined Area M2-10 as shown on Schedule ".tr', Map No. 9 to this bylaw; 21.10.10.2 PermittedUses One (1) mobile home as an accessory use" 3) THIS By-law comes into force: a) Where no notice of objection has been frled 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) Wherenotice of objectionhas beenfiledwiththe Municipal Clerkwithinthetimeprescribed by the Planning Act and regulations pursuant thereto, upon the approval of the Ontario Municipal Board. READ A FIRST TIME TI{IS ITth DAY OF JUNE 2OIO. READ A SECOND TIME TIIIS 17û DAY OF JUNC 2010. REA,D A THIRD TIME AND FINALLY PASSED THIS DAY OF 2OIO. MAYOR CLERK By-Law Z580-2010 A By-Law to further amend By-Law Z456-2003 (Wieler) Page 321 of 325 CONCESSION IX This is Schedule "4" to By-low No. Z5B0-20'1 0, possed the lTth doy of June 2010. MAYOR MUNtctPALtrY oF BAYHAM ll SCHEDULE'A' II ^"¡@l0 25Om 500m - Scole 1 : 12,500 By-Law Z580-2010 A By-Law to further amend By-Law Z456-2003 (Wieler) Page 322 of 325 TIIE CORPORATION OF THN MUNICIPALITY OF BAYHAM BY-LAWNO.2581-2010 911772 Ontario Inc. BEING A BY-LA.W TO AMEI\D BY-LAW No.7A56-2003, AS AMENDED WHEREAS the Council of the Corporation of the Municipality of Bayham deems it necessary to amend Zonng By-law No.2456-2003, as amended; THERBFORE, the Council of the Corporation of the Municipalþ of Bayham enacts as follows: 1) TIIÄT By-law No. ZA56-2003, as amended, is hereby further amended by amending Schedule "4", Map No. I 2, by deleting from the Agricultural (41) Zone and adding to the large lot Agricultural (41 - A) Zone, those lands which a¡e outlined in heavy solid lines and marked A1-A on Schedule *4" to this ByJaw, which schedule is attached to and forms part of this ByJaw. 2) THIS ByJaw comes into force: a) Where no notice of objection has been filed with the Municipal Clerk within the time prescribed by the Planning Act and regulations pursuant thereto, upon the expiration of the prescribed time; or b) Where notice of objection has been frled withthe Municipal Clerkwithin the timeprescribed by the Planning Act and regulations pursuant thereto, upon the approval of the Ontario Municipal Boa¡d. READ AFIRST TIME THIS 17ûDAY OF JUNE 2010. READ A SECOND TIME THIS 17ü'DAY OF JUNE 2010. READ A THIRD TIME AND F'INALLY PASSED THIS 17ü'DAY OF JUNE 2010. MÁ.YOR CLERK By-Law Z581-2010 A By-Law to further amend By-Law Z456-2003 (911772 Ontario Inc.) Page 323 of 325 tt lt This is Schedule "4" to By-low No. 2581-2010, possed the 17th doy of June 2010. CLERK LOT 14 CONCESSION IX O 25Om 5O0m - Scole 1:12,5OO l@l By-Law Z581-2010 A By-Law to further amend By-Law Z456-2003 (911772 Ontario Inc.) Page 324 of 325 TIIE CORPORATION OF THE MT]NICIPALITY OF BAYIIAM BY-LAW NO. 2010-067 A BY.LAW TO CONFIRM ALL ACTIONS OF THE COI]NCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM FOR THE REGULAR MEETING HELD JUNE t7,2ot0 WHEREAS under Section 5 (1) of the Municipal Act,200l S.O. 2001, Chapter 21,thepowers of a municipal corporation are to be exercised by the Council of the municipality; AND \ilHEREAS under Section 5 (3) of the Municipal Act, 2001, the powers of Council are to be exercised byby-law; AND WHEREAS the Council of the Corporation of the Municipality of Bayham deerns it advisable that the proceedings of the meeting be confirmed and adopted by by-law. THEREFORE THE COT]NCIL OF THE CORPORATION OF THE MT]NICIPALITY OF BAYIIAM ENACTS AS FOLLO\MS: 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 June 17 ,2070 is hereby adopted and confirmed as if all proceedings were expressly embodie.d in this by-law. 2. THAT the Mayor and Clerk of the Corporation of the Municþality of Bayham are hereby authorized and directed to do all things necessary to give effect to the action of the Council including executing all documents and affixing the Corporate Seal. READ A FIRST, SECOND AND THIRD TIME and finally passed this 17th day of June, 20t0. MAYOR CLERK By-law 2010-067 A By-law to confirm all actions of Council Page 325 of 325