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HomeMy WebLinkAboutMay 20, 2010 - CouncilCOUNCIL AGENDA THE CORPORATION OF THE MUNICIPALITY OF BAYHAM 9344 Plank Road, Straffordville Thursday, May 20, 2010 7:00 p.m. 7:30 p.m. - Public Meeting - Planning (Zoning) Page 1.CALL TO ORDER (a)Presentation of Provincial Firefighter Certification to Captain Chris McQuiggan. (b)Presentation of cheque from Port Burwell firefighters regarding donation to purchase Ice / Water Rescue Equipment. 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 May 6, 2010. (b)Added Item(s) 4.DELEGATIONS (a)7:15 p.m. - Paul Vyse, Deb Travis and Tammy Kirkpatrick representing Port Burwell Optimist Club regarding Tub Daze arrangements. (b)7:45 p.m. - Wanda Hoshal regarding Estherville Cemetery and results of lawsuit regarding the Csinos property. (c)7:55 p.m. - Harbourfront Committee regarding divestiture, dredging and Harbourfront initiatives. 5.INFORMATION ITEMS (a)Correspondence from The Arts and Cookery Bank regarding "Tourism Bootcamp 2010". File: A01 (b)Correspondence dated May 10, 2010 from County of Elgin regarding "Proposed Changes to the County Road Maintenance Agreement". 7-21 23-26 27-28 Page 1 of 171 Council Agenda May 20, 2010 Page 5.INFORMATION ITEMS File: A16 (c)Correspondence dated May 7, 2010 from Municipality of Dutton/Dunwich regarding "Weigh Scales". File: A16 (d)Correspondence from Minister Responsible for Seniors regarding "Seniors' Month". File: A16 (e)Bayham Historical Society minutes of meeting held April 8, 2010. File: C06 (f)Museums Bayham minutes of meeting held April 14, 2010. File: C10 (g)Bayham Harbourfront Committee minutes of meeting held April 20, 2010. File: C06 (h)Lake Erie Region Source Protection Committee minutes of meeting held April 1, 2010. File: E00 6.PLANNING, DEVELOPMENT, RECREATION & TOURISM 1.Correspondence and Reports (a)Correspondence from County of Oxford regarding "Application for Official Plan Amendment. File: D08 2.PUBLIC MEETING 1.Public Meeting 2.Declaration of Pecuniary Interest and the General Nature Thereof 3.Staff Presentation 29 31 33-34 35-37 39-40 41-51 53-74 Page 2 of 171 Council Agenda May 20, 2010 Page 3.Staff Presentation (a)Staff Report D2010-13 regarding Moore Rezoning - Draft By-law Z579- 2010. File: D14 4.Public Comments 5.Council Comments and Questions 6.Adjournment 7.Disposition of Item 7.ROADS, AGRICULTURE & DRAINAGE (a)Staff Report DR2010-008 regarding Smith Drain Branch No. 7. File: E09 (b)Staff Report PW2010-05 regarding Repairs to Carson Bridge Structure. File: T04 (c)Staff Report PR2010-04 regarding Road Closure Application - Lots 10 and 11, Concession 3. File: T09 8.PROPERTY, BUILDING & PROTECTIVE SERVICES (a)Correspondence dated May 11, 2010 from Ontario Early Years Centre Elgin- Middlesex-London regarding "Summer Park Program". File: C13 (b)Staff Report P2010-005 regarding Building By-Law Amendment - Security Deposits. File: P10 75-93 95-97 99-100 101-104 105 107-108 Page 3 of 171 Council Agenda May 20, 2010 Page 9.FINANCE, ADMINISTRATION & PERSONNEL (a)Cheque Register being Cheque #8443 to Cheque #8525 inclusive, totaling $230,109.60 and Payroll Disbursements for the period ending May 2, 2010 totaling $51,997.38. (b)Staff Report F2010-04 regarding Council Remuneration & Expenses. File: F03.03 (c)Staff Report C2010-06 regarding Potential Medical Centre Partnership. File: S08 (d)Correspondence dated April 30, 2010 from JGM Consulting regarding "Closed Meeting of April 1, 2010". File: A09 10.ENVIRONMENT (a)Correspondence from T & D Consulting regarding "Water Infrastructure" File: C13 (b)Correspondence dated April 27, 2010 from Lake Huron & Elgin Area Primary Water Supply Systems regarding "Bill 13 - Sustainable Water and Wastewater Systems Improvement and Maintenance Act, 2010". File: E08 (c)Correspondence received May 12, 2010 from Spriet Associates regarding "Municipal Class EA Project Notice to Review Agencies Elgin County Road 24 (Dexter Line Relocation Project)". File: T06 (d)Correspondence received from Federation of Canadian Municipalities regarding "Proposed New Wastewater Regulations". File: A01 11.COMMITTEE OF THE WHOLE (a)In Camera. (b)Closed session minutes of the regular meeting of Council held May 6, 2010. (c)Out of Camera. 12.BY-LAWS 109-120 121 123-133 135-138 139 141-143 145-151 153-158 Page 4 of 171 Council Agenda May 20, 2010 Page 12.BY-LAWS (a)By-Law 2010-048 A By-Law to authorize the execution of an agreement (Clarington Construction Inc.) (b)By-Law 2010-049 A By-Law to authorize the execution of an agreement (A.G Hayter Contracting Ltd.) (c)By-Law 2010-050 A By-Law to stop up, close and convey part of unopened Road Allowance (Lots 10 & 11, Concession 3) (d)By-Law 2010-051 A By-Law to further amend By-Law 2010-001 (Appointing Members to Boards and Committees) (e)By-Law Z579-2010 A By-Law to further amend By-Law Z456-2003 (Moore) (f)By-Law 2010-052 A By-Law to confirm all actions of Council 13.ADJOURNMENT (a)Adjournment 159 161 163-164 165 167-169 171 Page 5 of 171 Page 6 of 171 COUNCIL MINUTES THE CORPORATION OF THE MUNICIPALITY OF BAYHAM 9344 Plank Road, Straffordville Thursday, May 6,2010 7:00 p.m. 6:30 p.m. Public Meeting - Drainage The regular meeting of the Council of the Municipality of Bayham was held on Thursday, May 6, 2010 in the Council Chambers. Present were Mayor Lynn Acre, Deputy Mayor CliffEvanitski, Councillors Mark Taylor, Wayne Casier and Ed Ketchabaw, Administrator Kyle Kruger and Clerk Lynda Millard. Planning Coordinator / Deputy Clerk Margaret Underhill, Public Works ffianager Gerry LeMay and Fire Chief / By-Law Enforcement Officer Gord Roesch were in attend¿nce to present their respective reports. 1. CALL TO ORDER Mayor Acre called the meeting to order at 7:00 p.m. 2. DISCLOSURE OF PECUNIARY INTEREST & THE GENERÁ,L NATURE THEREOF None. 3. APPROVAL OF MINUTES AND ADDITION OF AGENDA ITEMS (a) Minutes of the regular meeting of Council held April 15, 2010. 2010-173 Moved by Deputy Mayor C Evanitski Seconded by Councillor M Taylor "TIIAT the minutes of the regular meeting held,A.pril 15, 2010 be approved as circulated.tt CARRIED UNANIMOUSLY (b) Minutes of the budget meeting held April 28,2010. 2010-t74 Moved by Councillor E Ketchabaw Seconded by Councillor M Taylor "THAT the minutes of the budget meeting held April 28,2010 be approved Page 1 of15 Minutes of the regular meeting of Council held May 6, 2010.Page 7 of 171 Council Minutes May 6,2010 as circulated.f CARRIED TINANIMOUSLY (c) Added Item(s) 20t0-t75 Moved by Councillor W Casier Seconded by Deputy Mayor C Evanitski "THAT in accordance with Section 21 of Procedural ByJaw 2002-93, Tub I)aze correspondence and an in camera session regarding potential litigation regarding fire service charges be added to the agenda as items 9(h) and 11 (d) respectively." CARRIED UNANIMOUSLY 4. DELEGATIONS (a) 7:05 p.m. Bruce Pinchin from Shoreplan Engineering Limited regarding Port Burwell Coastal processes study. Bruce Pinchin, P. Eng., provided a presentation on his company's review of the coastal processes, sedimentation patterns and dredging options for the Port Burwell Harbour. Mr. Pinchin summarized that the two primary causes of sedimentation are the load coming down the Big Otter and the coastal processes depositing sand in front of both the east and west piers. M¡. Pinchin outlined the main conclusions of the report that there does not appear to be feasible capital projects to significantly reduce dredging needs, and that the best solution would be on-going dredging. He advised that hydraulic dredging would be the most cost effective manner to manage the creek sediment load and manage the sand bar at the harbou¡ enhance. Without permission for open water disposal he recommended propeller wash dredging an entrance channel. He commented that the sale of dredged material would offset some of the costs incuned. He advised that further investigation would be necessary to determine estimates for dredging requirements. Staff was requested to arrange a meeting with Small Craft Harbours to discuss the report. Page2 of 15 Minutes of the regular meeting of Council held May 6, 2010.Page 8 of 171 Council Minutes May 6,2010 (b) 7:45 p.m. Peter Corfield of Corfield and Associates regarding Master Fire Plan. Peter Corfield acknowledged the strong volunteer base, viability, response and dedication of the Bayham Fire Department and encouraged Council to recognize their volunteers. (c) 8:00 p.m. Wanda Hoshal regarding Estherville Cemetery. Wanda Hoshal questioned when the County would be carrying out the bank st¿bilization project on Glen Erie Line. Mayor Acre advised that it would be between July and September and that she would advise prior to start of the work. M¡s. Hoshal advised she believes that the markers forPhoebe Holt (wife of Zebulon Leach) and Mary Denton (wife of Benjamin Shipley) being stored at the Public Works yard belong at the Old Eden cemetery. She requested permission for the Estherville pil'grims to make repairs to the markers and place them at the Old Eden cemetery. Mrs. Hoshal also requested that the outcome of the pending lawsuit regarding the Csinos property be made available at the next meeting. (d) 8:10 p.m. Fran Southwick regarding Vienna property concems. Fran Southwick raised concerns regarding mapping and Flood FringeÆloodway zoning of family owned properfy in Vienna. She added that the Edison Homestead plaque site has been identified as being part of the Southwick property. She was advised that assessment maps are for quick reference, not for solving title matters. (e) 8:20 p.m. Mat Redsell regarding jobs in Port Burwell. Matt Redsell spoke regarding lack of employment, support for the local economy and creation of small business opportunities in Port Burwell. 5. INFORMATION ITEMS (a) Joint Cemetery Board minutes of meeting held April 27,2010. File: C06 (b) Otter Valley Chamber of Commerce minutes of meeting held April 6,2010. Page 3 of 15 Minutes of the regular meeting of Council held May 6, 2010.Page 9 of 171 Council Minutes May 6,2010 File: 401 (c) Heads Up Alert from Ontario Good Roads Association regarding "OGRA to Manage $750,000 Fund for Municipalities". File: 401 (d) Conespondence received Aprirl26,2010 from Trans Canada Trail regarding "update on recent developments of the Trail". File: D06 (e) Correspondence dated April 13, 2010 from County of Elgin regarding "County Council approves $54 million budget". File: Al6 (Ð Conespondence dated Api122,2010 from Municipal Property Assessment Corporation regarding "2009 A¡nual Report and Financial Statements". File: A'16 (g) Correspondence dated Apnl29,2010 from Municipal Property Assessment Corporation regarding "Tentative Settlement with Ontario Public Service Employees Union (OPSEU)". (h) Correspondence dated Ãpril23,2010 and brochwe from Play Works regarding "Youth Friendly Community Recognition Ceremony". File: M02 2010-t76 Moved by Deputy Mayor C Evanitski Seconded by Councillor M Taylor "THAT information items 5(a) through 5(h) be received for information.'l CARRIED UNANIMOUSLY 6. PLANNING. DEVELOPMENT. RECREATION & TOURISM 1. Correspondence and Reports (a) Staff Report D2010-10 regarding Noels Site Plan Agreement / By-law 2010- 046. File: Dl1.NOELS Councillor Ketchabaw requested that this item be defened until after the public meeting. Following the public meeting there was consensus that the site plan agreement be amended to remove the buffering requirement. 2010-177 Page 4 of 15 Minutes of the regular meeting of Council held May 6, 2010.Page 10 of 171 Council Minutes May 6,2010 Moved by Councillor W Casier Seconded by Councillor E Ketchabaw 'THAT StaffReport D2010-10 regarding Noels Site Plan Agreement be received; AND THAT ByJaw No. 2010-046, being a By-law to authorize the execution of a Site Plan Agreement with Clifford and Marlene Noels and the Municipality of Bayham as amended to delete buffering requirements be presented for enactment." CARNED UNANIMOUSLY (b) StaffReport D2010-11 regarding J & S Thiessen Consent Application E7lL0. File: Dl0.l0 Thiessen The Planning Co-ordinator advised that the setbacks have been confirmed as being compliant with the zoning by-law requirements. 20t0-t78 Moved by Councillor W Casier Seconded by Councillor E Ketchabaw 66THAT StaffReport D2010-11 regarding consent Application ETll0be received; AND THAT Council recommends to the Elgin County Land Division Committee that severance application 87i10, submitted by Jacob & Sara Thiessen, be granted subject to condition: 1. a copy of the final survey provided to the municipality." CARRIED UNANIMOUSLY 2. PUBLIC MEETING 2010-179 Moved by Councillor M Taylor Seconded by Deputy Mayor C Evanitski "THAT the Council meeting be adjourned in order to hold a Public Meeting pursuant to the provisions of the Planning Act.rr CARRIED UNANIMOUSLY l. Public Meetine (a) 7:30 p.m. Oakley Rezoning / Draft ZoningBy-law 2578-2010 - to change Page 5 of 15 Minutes of the regular meeting of Council held May 6, 2010.Page 11 of 171 Council Minutes i|llay 6,2010 the zoning on a parcel of land from the Agricultural (41) Zone and Rural lndushial (M2) Zone to the site-specific Rural Industrial (M2-9) Zone as a condition of Elgin Land Division Committee associated with Consent Application 839109. 2. Declaration of Pecuniarv Interest and the General Nature Thereof None. 3. Staff Presentation (a) Staff Report D2010-09 regarding Oakley Rezoning lDraftZoningBy-Law zs78-2010. File: D14.OAKL Staff Report D2010-09 regarding Oakley Rezoning lDraftZonngBy-Law 2578-2010 was presented by the Planning Co-ordinator. She advised that no written comments or concems had been received f¡om the public. 4. Public Comments Sherri Oakley commented that as both properly owners are related they would request the buffering requirement, being the planting of trees / installation of a fence as a buffer , be waived. Ms. Oakley stated the th¡ee reasons for the request would be to prevent damage to the existing weeping bed located next to the property line; the height of her residence and back yard would still permit a sight line over and above a 6 foot high privacy fence and without buffering, clear visibility for both property owners would be maintained between the properties to watch their children at play . As well, she added the buffering at the easterly border of the outside storage area would not be feasible as that area is a loading area for equipment. 5. Council Comments and Questions Councillor Ketchabaw indicated he supported the request to remove the buffering zone requirement from the rezoning by-law and the site plan agreement. Councillors Casier and Taylor agreed. 6. Adiournment 2010-180 Moved by Councillor E Ketchabaw Seconded by Deputy Mayor C Evanitski Page 6 of 15 Minutes of the regular meeting of Council held May 6, 2010.Page 12 of 171 Council Minutes "THAT the Public Meeting be adjourned at7:43," CARRIED UNANIMOUSLY 7. Disposition of Item May 6,2010 2010-181 Moved by Councillor E Ketchabaw Seconded by Councillor W Casier "THAT StaffReport D2010-09 regarding Oakley Rezoning be received; AND THAT the zoning of those lands located at 8525 Sandytown Road in Concession 7 PrtLotl23, be changed from Agricultural (Al) and Rural Industrial (M2) to Site'Specific Rural Industrial (M2-9) Zoneto satisfy condition of Consent Äpplication F.39109; AND THAT ZoningBylaw 2578-2010 as amended to delete Section 21.10.9.6 be presented for enactment.f f CARRIED I.INANIMOUSLY 7. ROADS. AGRICULTURE & DRAINAGE (a) Staff Report PW2010-03 regarding Closure of Saxton Road south of Nova Scotia Line. File: T09 20r0-t82 Moved by Councillor W Casier Seconded by Deputy Mayor C Evanitski *THAT StaffReport PW2010-03 regarding Closure of Saxton Road south of Nova Scotia Line be received; AND TIIAT staff be authorized to proceed with procedures to close Saxton Road from the intersection of Nova Scotia Line 1.1 kilometers southerly." CARRIED {.INANIMOUSLY (b) Staff Report PW20l0-04 regarding Landscaping Services - 2010. File: L04 2010-183 Moved by Councillor E Ketchabaw Page 7 of 15 Minutes of the regular meeting of Council held May 6, 2010.Page 13 of 171 Council Minutes May 6,2010 Seconded by Councillor W Casier "TIIAT StaffReport PW2010-04 regarding Landscaping Services - 2010 be received; AND THAT By-Law 2010-044, being a byJaw to authorize an agreement with Wilson Lawn Care and Snow Removal be presented to Council for enactment." CARRIED UNANIMOUSLY (c) Correspondence dated March 3I,2010 regarding "Edward R. Bradfield CRS'. File: A0l Mayor Acre offered to send a card of congratulations to Mr. Ed Bradfield on his accomplishment. 2010-184 Moved by Councillor rW Casier Seconded by Councillor E Ketchabaw "THAT correspondence dated March 31, 2010 from Association of Ontario Road Supervisors congratulating Edward R. Bradfield for his recent Certified Road Supervisor certification be received." CARRIED IJNANIMOUSLY 8. PROPERTY. BUILDING & PROTECTIVE SERVICES (a) Building Pennit Report for month ending April 30, 2010. File: P10 2010-18s Moved by Councillor M Taylor Seconded by Councillor Vy' Casier "THAT Building Permit Report for month ending,A.pril30,2010 be received for information.r' CARRIED UNANIMOUSLY (b) Staff Report P2010-04 regarding By-Law Yard Maintenance Contract Services 2010. File: P01 Page 8 of 15 Minutes of the regular meeting of Council held May 6, 2010.Page 14 of 171 Council Minutes May 6,2010 20r0- 186 Moved by Councillor M Taylor Seconded by Councillor W Casier "That staff report P2010-04regarding ByJaw Yard Maintenance Contract Services for 2010 be received; AND THAT Council authorizes the Mayor and Clerk to execute an agreement with Ground Effects Landscape and Design as per ByJaw #2010- 045 for a period ending April30, 2013." CARRIED UNANIMOUSLY (c) Staff Report FD2010-001 regarding Municipality of Bayham's Master Fire Plan. File: Pl6 2010-r87 Moved by Councillor W Casier Seconded by Deputy Mayor C Evanitski "TIIAT StaffReport FD2010-001 regarding Municipality of Bayham's Master Fire Plan be received; THAT Council agrees in principle for the Fire Chief to implement a training program for recruit firefighters with area fire department partnerships THÄT Council agree in principle for the Fire Chief to implement a training program for officers in the Bayham tr'ire Department THAT Council approve our current level of water rescue service and equipment purchase with funds from the Port Burwell Firefighters Association donation and operational budget monies TIIÁ.T Council approve the new departmental orgtntzatronal chart and structure as outlined in the draft Establishing and Regulating By-Law AND THAT Council approve the reallocation of monies in the 2010 budget to allow for the purchase of fire management software." CARRIED TINANIMOUSLY (d) Correspondence dated April l, 2010 from Wanda Gillis, on behalf of the Port Burwell Lakers Baseball team regarding "Port Burwell Baseball Park Concerns". Page 9 of 15 Minutes of the regular meeting of Council held May 6, 2010.Page 15 of 171 Council Minutes May 6,2010 2010-188 Moved by Councillor M Taylor Seconded by Councillor W Casier 'TTHAT correspondence dated April 1,2010 from Wanda Gillis, on behalf of the Port Burwell Lakers Baseball team regarding Port Burwell Baseball Park Concerns be received; AND THAT permission be granted to the group to operate the concession stand for prepackaged food only, and that the group be asked to provide cleaning services for the washroom facilities for use associated with baseball events.tt CARRIED T]NANIMOUSLY 9. FINA}{CE. ADMINISTRATION & PERSOI\NEL (a) Cheque Register being Cheque #8332 to Cheque #8442 inclusive, except Cheque #8264 totaling 5420,125.97 and Payroll Disbursements for the period ending April 18, 2010 totaling $53,387.49. 2010-189 Moved by Councillor W Casier Seconded by Councillor M Taylor "TIIAT Cheque Register being Cheque #8332 to Cheque #8442 inclusive, except Cheque #8264 totaling 5420,125.97 and Payroll Disbursements for the period ending April 18, 2010 totaling $53,387.49 be approved.r' CARRIED UNANIMOUSLY (b) Correspondence dated April20, 2010 from County of Elgin regarding "New Maintenance Agreement for County Roads". File: A16 2010-t90 Moved by Councillor W Casier Seconded by Councillor E Ketchabaw "TIIÁ.T correspondence dated April20, 2010 from County of Elgin regarding new Maintenance Agreement for county roads be received; AND THAT Council recommend Gerry Lemay to serve on the sub- committee.rt Page 10 of 15 Minutes of the regular meeting of Council held May 6, 2010.Page 16 of 171 Council Minutes CARRIED UNANIMOUSLY May 6,2010 (c) Staff Memorandum C2010-03 regarding Committee Appointments. File: Cl2 2010-19t Moved by Councillor W Casier Seconded by Councillor M Taylor *THAT Staff Memorandum C2010-03 regarding Committee Appointments be received; AND THAT ByJaw 2010-042, being a byJaw to further amend ByJaw 2010- 001, by adding Cheryl James as a member of the Calton Cemetery Board, Marlene Carter as a member of the Bayham West Board and removing Harris Teall as a member of the Smuck Cemetery Board, be presented to Council for enactment." CARRIED UNANIMOUSLY (d) Correspondence dated April 2010 from Trillium Gift of Life Network regarding "National Organ and Tissue Donation Awareness Week". File: Cl3 2010-192 Moved by Deputy Mayor C Evanitski Seconded by Councillor M Taylor "THÄT correspondence dated April 2010 from Trillium Gift of Life Network regarding National Organ and Tissue Donation Awareness Week be received for information." CARRIED UNANIMOUSLY (e) Correspondence received April28, 2010 from Straffordville Stealth Midget Boys Fastball Team requesting financial support for the 2010 season. File: C13 20t0-t93 Moved by Deputy Mayor C Evanitski Seconded by Councillor M Taylor "TIIAT request from Straffordville Stealth Midget Boys Fastball Team of financial support for the 2010 season be received; Page 11 of15 Minutes of the regular meeting of Council held May 6, 2010.Page 17 of 171 Council Minutes May 6,2010 AND TIIAT Council supports sponsorship of $100.00.f' CARRIED UNANIMOUSLY (Ð StaffMemorandum regarding Cemetery Markers - Public Works Yard. File: S09 Staff advised that there is no documentation to confirm that the markers being stored at the Public Works yard are from the Old Eden cemetery. Following discussion, Staffwas requested to confirm with the Cemeteries Branch whether it is appropriate that these markers be placed at the Old Eden cemetery. 20t0-194 Moved by Councillor M Taylor Seconded by Councillor W Casier "THAT StaffMemorandum regarding Cemetery Markers - Public Works Yard be received." CARRIED LINANIMOUSLY (g) StaffMemorandum regarding Plank Road Boundaries - Mary Taylor inqury. File: T06 20r0-t9s Moved by Councillor M Taylor Seconded by Councillor W Casier "THAT Staff Memorandum regarding Plank Road Boundaries - Mary Taylor inquiry be received." CARRIED UNANIMOUSLY (h) Conespondence dated May 3, 2010 from Deb Travis and Paul Vyse regarding "Tub Daze". File: R06 20r0-196 Moved by Councillor E Ketchabaw Seconded by Deputy Mayor C Evanitski I'THAT Port Burwell Tub Daze correspondence dated May 3/10 be received; AND TH^A.T the Council of the Municipalitv supports this event as a Page 12 of 15 Minutes of the regular meeting of Council held May 6, 2010.Page 18 of 171 Council Minutes May 6,2010 Community Festival July 30th,31st and August lst, 2010.r' CARRIED LINANIMOUSLY 20r0-197 Moved by Councillor W Casier Seconded by Councillor E Ketchabaw "THAT in accordance with Section 12 of Procedural By-law 2002-93, Council shall deal with business until 11 p.m. at its meeting of May 6, 2010.r' CARRIED UNANIMOUSLY 10. EIIVIRONMENT 11. COMMITTEE OF THE WHOLE (a) In Camera. 2010-198 Moved by Councillor E Ketchab Seconded by Councillor W Casier "THA,T the Council do now rise to enter into an "In Camera" Session of Committee of the Whole at 10:10 p.m. to discuss: . litigation or potential litigation (claim - Vienna Bridge) and (fire service charges), including matters before administrative tribunals, affecting the municipality or local board." CARRIED UNANIMOUSLY (b) Closed session minutes of the regular meeting of Council held April 15,2010. (c) Confidential Memorandum regarding litigation or potential litigation - Claim - Vienna Bridge. (d) Added Item Confidential discussion regarding potential litigation - Fire Service Charges. (e) Out of Camera. 2010-r99 Page 13 of 15 Minutes of the regular meeting of Council held May 6, 2010.Page 19 of 171 Council Minutes Moved by Councillor W Casier Seconded by Councillor E Ketchabaw Nfay 6,2010 "THAT the Committee of the Whole do now rise from the "In Camerail session at10:21p.m." CARRIED {-INANIMOUSLY 12. BY-LAWS (a) By-Law 2010-042 A By-Law to fr¡rther amend By-Law 2010-0001 (Appointing Members to Boards and Committees) (b) By-Law 2010-044 A By-Law to authorize the execution of an agreement (Wilson Lawn Care & Snow Removal) (c) By-Law 2010-045 A By-Law to authorize the execution of an agreement (Froese - Ground Effects Landscape and Design) (d) By-Law 2010-046 A By-Law to authorize the execution of a site plan agreement (Noels) (e) By-Law 2578-2010 A By-Law to fufher amend By-Law 2456-2003 (OakleyNoels) 2010-200 Moved by Councillor M Taylor Seconded by Councillor E Ketchabaw " THAT By-Laws 2010-0 42, 2010-044, 2010-0 45 2010-046 and 257 8-2010 be read a first second and third time and finally passed." CARRIED I-INANIMOUSLY (Ð By-Law 2009-047 A By-Law to confirm all actions of Council 2010-20t Moved by Councillor E Ketchabaw Seconded by Councillor W Casier "That confirming By-law 2010-047 be read a first, second and third time and finally passed." CARRIED UNANIMOUSLY Page 14 of15 Minutes of the regular meeting of Council held May 6, 2010.Page 20 of 171 Council Minutes 13. ADJOURNMENT (a) Adjoumment 2010-202 Moved by Councillor E Ketchabaw Seconded by Councillor M Taylor "TIIÄT the Council meeting be adjourned ú10:22 p.m." CARRIED UNANIMOUSLY MAYOR CLERK May 6,2010 Page 15 of 15 Minutes of the regular meeting of Council held May 6, 2010.Page 21 of 171 Page 22 of 171 Are you one of them? HOURS NIGHTS OPPORTU NITY Rotchet up your TOURISM business ond bring on the Tourisl!!! ' el.JuneS Correspondence from The Arts and Cookery Bank regarding "Tourism Bootcamp 2010". File: A01 Page 23 of 171 Þ Ð {u, THE == A snapshot of rural culture... stirred. The Oulrogeously Rurol 9-Hour Bool Comp is worth your lime becouse... Oulrogeously Rurol boot comp leods to Outrogeously Rurol Experíences thot leod lo feet on lhe ground thol leod to Outrogeously Rurollourism dollors for ollin our communities. The Oulrogeously Rurql 9-Hour Bool Comp is leol, rich ond rurol... NINE hours of inlensive, outrogeous thinking thot will demond you roll up your sleeves, dig in ond loke o fresh look of your producls ond servÌces. Nol for the weok-minded ond no wimps ollowed, you hove lo be reody to tockle lhe lough stuff lhot mokes the good greot ond lhe super superb. Five Reosons lo Atlend: l. Enhonce ond slrengthen the "moments of truth" of your product or service-from o customer picking up the phone, or logging in lo the website, to wolking through your door. 2. Moximize your morketing copobilities with ongoing mentoring ond morketing consultotion lo help susloin ond implement whol you leorn of Boot Comp. 3. Leorn how to build o unique customer "experience" thot is Oulrogeously Rurol ond exclusìve to your own business- odd volue to whol you olreody offer. 4. Altend one of lhe speciol, invilolion-only "Row Rurol" June evenls hosted by The Arts & Cookery Bonk wilh press ond non-press morket "influencers" who will tell our Outrogeously Rurolslory in lheir newspopen mogozine, website. blog, etc. 5. Meet olher Outrogeously Rurol Boot Comp "Compers" in our community. Benefil from lheir Outrogeously Rurol ideos ond lhe power of thinking logether ond helpÎng eoch other. Here's whol lo expecl... Boot Comp Nlght One. Five woys to leveroge the "influencer model". Your "momenls of lruth" -loke o row ond reol look ol your customer service delivery. Selting quolily slondords Boot Comp Nlghl Two. LovenderLessons-sustoiningquolily. Creote your own "oulrogeously rurol" experience thot odds volue for your customer. Build losling memories, ongoing customers Bool Comp Nlght Three. Tell your sf ory...developing your 25 word "elevolor" speech. Sellyour story...creoling on engoging presenlolion. Enhonce your story...building ongoing relotionships Correspondence from The Arts and Cookery Bank regarding "Tourism Bootcamp 2010". File: A01 Page 24 of 171 When is Comp? Nine oulrogeous hours held over three nights:. Moy 25,2010 (ó:00 to 9:00 pm). June 1 , 2010 (ó:00 to 9:00 pm). June 8, 2010 (ó:00 to 9:00 pm) How much? W¡ll il breok lhe bonk? $149.00 per compony, business. or orgonizolíon. BrÍng ollyour sloff members wilh you...lhe more the befter. Who should come to lhe Oulrogeously Rurol Bool Comp? Bool Comp "Compers" ore... Owners ond operolors of form gotes, communily culturol/heritoge orgonizolions, bed & breokfosls, gifl shops, recreotionol operotions (i.e. woter sports, golf), locol restouronls ... plus cqterers, ortisons. elc. Who's leoding lhe Comp? Where is lhe Oulrogeously Rurql Bool Comp? As o Boot Comp "Comper". you gel o sneok peok into The Arts & Cookery Bonk venue. The Boot Comp will be held in lhe restored heriloge building locoted o1242 Grohom Rood, West Lorne. Reody to Sign Up? Pleqse fill in lhe Informqllon below ond mollyour cheque lo lhe Bonk or coll Tommy Oliveho lo reglsler. Compony/Orgonizotion: Comper: Comper: Comper: Address: Telephone: Emoilr The Arls & Cookery Bonk . 519-768-9986 242 Grohom Rood, West Lorne, ON NOL 2P0 info@theortsondcookerybonk.com GTIEST IIOOT KICKIìIT sI|)D Bl)0T l(I0|ilìns Correspondence from The Arts and Cookery Bank regarding "Tourism Bootcamp 2010". File: A01 Page 25 of 171 THE= Cì,c,c) -1II - A snapshot of rural culture... stirred. The Arts & Cookery Bonk 242 Grohom Rood West Lorne, ON NOL 2P0 519-768-998ó info@theodso ndcookerybo nk. com Correspondence from The Arts and Cookery Bank regarding "Tourism Bootcamp 2010". File: A01 Page 26 of 171 May, l1, 2010 9:134M County of Elein ElgrnCounty May 10,2010 All Elgin County Partner Municipalities Via: fax Re: Pro.posed Ghanqes to the Gountv Road Malntenance Agreernent Elgin County Council has directed staff and the County's solicitor to revisit the current road maintenance agreement and restructure the compensation . component in order to pay municipalities for the fasks they complete. Enclosed find a copy of an article appearing in the Times-Journal on May 7. This letter is to provide clärification and additional information The main issue in the article relates to funding for proposed weigh scales, Pfease be assured that various funding options will be explored, including one that envísions the County cornpensating municipalities. Municipal road superuisors and County engineering staff have been meeting for almost ayear to discuss changes to the existing agreement. The County of Elgin has requested that a committee be formed to review the proposed new agreement. The committee, composed of four representatives from four different municipalities along wiih County staff and the County solicitor, will be in place shortly and will make recommendations to Elgin County Gouncilabout system procedu res and expectatìons. The draft of the proposed new roads maintenance agreement will be fonuarded to you for your review and response. This office will be contacting you shortly to announce who will be seruing on the review committee. lf you have any questions or comments, please do not hesitate to contact me. No, 5358 , P, 2/3 Att, Sincerel¡¿, ?ll¿^Jfur, Clayton Watters Director of Engineering Services County of ElÉln 450 Sunset Drlve St, Thomas, Ontario NSF 6V1 Canada Phone: 519-631-1460 Fax:519633-7661 wwwelgln-county.on,oa Progre.ss f re Þy Natrrf c Correspondence dated May 10, 2010 from County of Elgin regarding "Proposed Changes to the County Road Maintenance Page 27 of 171 FRIDAY [,f.4Y7 2O1 O T ST THOIVIAS TTMESJOURNAT localnern¡s E Etclt'¡ c0uNnrROADs Dutton/Dunwich mnts no partof such a purchase Counc¡l slams scales < PJ- :- |ÐÕ O = -.Þ.:Þ <> c- < o lT T = . PATRICKBRENNAN ïi¡nes-Journal DUTTON - DutroD,/Dun- v¡ich council went on ¡ecord. mai¡te¡a¡rce cose.'Cou¡cil said com¡nqcial grade scales are too eqrea_ sir¡e and it would baue o spend ull- to SZO,000 to Fur^ctuse and Ínstall one. cÍpalityuses Municþalíties are ooÃ_nacæd to Eainraiu Elgin Countyroarls. "I?s iusr ludiqous forour budgeti s¿ifl esr¡E ren FIe{k. lfil.E REA TTmes_lournal E GOOEYTUNWITHSUIIIE -.I slsuæ I READY,SET, READ GE$A Bfl}ST I HlGtftTAY40t Cenhes are dueto - s C o r r e s p o n d e n c e d a t e d M a y 1 0 , 2 0 1 0 f r o m C o u n t y o f E l g i n r e g a r d i n g " P r o p o s e d C h a n g e s t o t h e C o u n t y R o a d M a i n t e n a n c e P a g e 2 8 o f 1 7 1 _5 MAYOR Bonnie Vowel 2S9 Mary Street Dutton, NoLlJo DEPUTYMAYOR Cameron McWilliam 2874o Celtic Line R- R. # 1 Dutton, NoL rJo tulunicþ ø fíe of cD utt o n/Ø unwic fr Box 3z io NoL rJoTelep 762-22z8 MayT;2070 County of Elgin 450 Sunset Drive ST. THOMAS, ON N5R 5V1 Attention: .Clayton'Watters Director of Engineering Services Dear Clayton: Re: Weigh Scales The Council of the Municipality of Dutton/Dunwich discussed the costs associated with the purchase of weigh scales for recording the amount of salt billed to the County bf Elgin. Council feels that if each municipality has to pay nearly $70,000.00, this is far too expensive for the benefits that would be generated. It is our opinion that a scale attached to the loader, which would cost approximately $4,000.00, would be sufficient for this pu{pose. We understand that this type of scale may be out as much as 5Yo, however, it would take a lot of salt to pay the difference, We feel that this more reasonable approach would be a far better use of our scarce financial resources. Ken Loveland Clerk Administrator cc: Mark MacDonald, Chief Administrative Office All Lower Tier Elgin Municipalities ,4t u COUNCII¿ORS Iar¡ Fleck z7z Miller Road Box S42Dutton, NoLilo Johnyokom 92543 PioneerLine, R.R- * rfona Station, NoL tpo Donald H.page 7949 CoyneRoad R. R. + rWallaceto*rr, NoL 2Mo Yours truly, Correspondence dated May 7, 2010 from Municipality of Dutton/Dunwich regarding "Weigh Scales". File: A16 Page 29 of 171 Page 30 of 171 tþ 5 t)Mirrister Mlnlstre déléguée Responsible for aux Alfalres dêsSeniors personnes ågées 5r'' Floor, Mowat Block 5'étage, èdifice Mowat 900 Bay Street 900, ruê Bay Toronto ON M7A 1L2 Toronto (Onterio) M7A I l-2 Tel: (416) 325-1660 Tél: (416) 325-1660 Fax: (416) 325-1726 Téléc: (416) 325-1726 Dear Friend: Ontario will be celebrating 26 years of Seniors' Month this June. This year, we are launching the theme "Coming of Age" to capture the Province's progress in addressing the challenges and opportunities of a booming seniors population. As Minister Responsible for Seniors, f am looking fonvard to working with my government colleagues and community partners to create a vision that will help us successfully meet the needs of our seniors today and in the future. Seniors' Month provides me with an excellent opportunity to develop public dialogue on a number of key issues that will face seniors - and all of us - over the next several years. Ïhese issues ínclude financial security, accommodatíon, health, safety and security, age-friendly communities and employment and volunteer opportunities. This June, we will be focussing the conversation on financial securlty, age-friendly communities and safety and security. You can find more information about events we have planned for the month by visiting www. ontarioseniors. caiseniorsm onth. I encourage you to honour local seniors in June by attending and hosting events in your communities. Please let us know how you are planning to celebrate Seniors' Month so we can promote your event on our website calendar. You willfind an Event Notice Form on our Seniors' Month 2010 website provided above. Please also mark your calendars for June 15, which is World Elder Abuse Awareness Day. Wearing something purple that day will help demonstrate that we all believe that elder abuse cannot and should not be tolerated. For more information, visit the lnternational Network for the Prevention of Elder Abuse's website at www.inpea.neVweaad.html, Thank you for joining us as we celebrate Ontario's seniors. Sìncerely, h f{t't" Gerry Phillips Minister Responsible for Seniors Correspondence from Minister Responsible for Seniors regarding "Seniors' Month". File: A16 Page 31 of 171 Page 32 of 171 BAYHAM HISTORICAL SOCIETY MT]NICIPALITY OT' BAYHAM P.O. BOX 160, STRAFX'ORDVTLLE, ON. NOJ 1y0 ,A.pril8,2010. Co¿ PRESENT: , Sandy Sage, Cheryl Peters, Bob Graham, Ray & Ma¡ion Maddox, Robert & Jeanette Heil, Corþ & Ba¡b Ouellette, Harris Teall, Lynn Acre, Brian & Gundy Goutouski and the Weeks family. (please note some names are missing due to the loss of our sign-in sheet). President Ray Maddox called the meeting to order at7:30 PM, welcoming members and quests. A motion to accept the minutes of March 17, 2010 was made by Sandy Sage, 2^.By Lynn Acre. Motion carried. OUEST SPEAKER : Ha¡ris Teall introduced our guest speaker Brian Goutouski. Brian told us that he and his wife Gwrdy lived in the Jenings house in Vienna from 1984 to 2000, when the original owners came here they brought thei¡ slaves with them and these folks a¡e buried in Vienna. Gundy was the last Reeve of Vienna serving up to the amalgamation. They moved out west to Alberta and he served at Cold Lake fighter base then was posted to Edmonton and then went on a tour of Afghanistan. He showed us the picture of himself that is taken of all soldiers when they land in Kandahar when they Ieave they cut out a diamond shape from the picture, Isaf patch (infra red patch), Canadian flag discretely camouflaged,, name tag and as a Personal Selection OfFrcer he wore ã Canadian flag on hii shoulder. Each tour is 6 to 9 months, every person can make a difference. Wainwright a simulation area soldiers learn how to handles different scenarios such as when people come up and talk to them they have to learn how to deal with them. When he was deployed to an Arab country it is at sea level and very hot but the grass and palm trees are irrigated and kept green. Landing from Polaris air buses soldiers are issued ceramic plate armer and weapons, then they fly into Kandaha¡ which is a huge base maybe the largest in the world. Brian showed us many pictures of the base as well as New Canada House which has a totem pole there is wide screen T.V. With cable feed and computers for soldiers to use. Saturday \il¿rs weapons cleaning day not Brian's favorite. Soldiers live in tents or cement bunkers but being " an old guy he liked the Johnny's close by." Tim Horton's was always very busy and it was common to see American soldiers carrying boxes of Tim Horton's coffee. He also showed us pictures of Nagala bomb proof vehicles, gun positions, current Legion magazines, and woman completely covered. Soldiers carry 30 lbs. of ¿unmo, a carbine weapon and knee pad on one knee. Even the soldiers have lots of training they carry the "soldiers Guide" which gives them the meaning of common words and tibes of Afghanistan, it is a pretty important book. They also have a Canadian Forces book that tells them how to stay healtþ, what snakes and scorpions to watch for. Pit Vipers who a¡e about 3 feet long and considered to inject hemotoxins and some neurtoxins but no one has died from it's bite yet. In the Market merchants come in and are searched over and over again they speak many iattguages as well as English. They sell rugs, lapis ula stones, bronze some made to look old marble carvings and woman's dresses as well as burkas. In 2001 the Tali ban started to destroy world heritage sites such as standing Buddhas, they blew them up. There is one hospital for woman and four for men. Poppies are the staple crop. Soldiers sleep on cots not on the ground because of camel spiders etc. When Canadian soldiers are around the children feel safe as they are very good with kids. The Canadian Forces are leaving Bayham Historical Society minutes of meeting held April 8, 2010. File: C06 Page 33 of 171 Afghanistan in 2011. Robert Heil thanked Brian for his most informative talk. PRESIDENT'S REPORT : Ray let members know that Bill Baldwin who is suffering from Altziemers Disease has been moved to aNursing Home. MUSEUMS BAYHAM AND BIIILDING REPORT. NOI\E SECRETARY'S REPORT: Cheryl Peters Cheryl reported that we did not get chosen to receive the Service Canada grant for a student. She asked if we would like to participate in the Corinth Craft and Car Show this year, the cost is $1s.00. A motion was made by Barb Ouellette to participate in the Corinth Craft and Ca¡ Show and pay the $15.00 for a spot., seconded by Sandy Sage. Motion carried. BARB OUELLETTE: Barb told us of the success of the Home & Rec Show, family of Lefty Weeks brought in his baseball bat, mitt and many newspapers articles about this Vienna baseball players history. We will set up a time to sort out the collection and do a oral history with the family. TREASURERS REPORT: Robert Heil reponed as follows. March 31,2010--- -------$ 3378.25 Lottery Account--- ------$ 128.84 Petty Cash ----------------$ 1.09 Share Account--- --------$ ó5.00 Motion to accept the treasurers report was made by Robert Heil, 2d. By Corþ Ouellette. Motion canied. PROGRAM DIRECTOR: ALL MEMBERS - Cheryl Peters has invited Ruth Shipp Maule who is the granddaughter of Sam Shipp the owner of Shipp's Casino in Port Bt¡rwell to come and be our speaker on May 12,2010. ADVERTISING DIRECTOR: Donna Baldwin -Aylmerpaper caried our article. SOCIAL DIRECTOR: Mary Newland reported that Donna Baldwin and Marion Maddox will take care of the May refreshments. Cheryl Peters will make up a chart for Sepember. MYSTERY OBJECT Harris Teall brougbt a tool for bending conduit pipe. Robert Heil and Ray Maddox were close, guessing that it is a pipe bender. NEXT MEETING: The next meeting will be on May 12,2010 at 7:30 PM. at the Municipality of Bayham Office. CLOSE MEETING: A motion to close the meeting was made by Robert Heil, 2"d. By Sandy Sage. Motion carried. Date President Secretary Bayham Historical Society minutes of meeting held April 8, 2010. File: C06 Page 34 of 171 s MUSEUMS BAYHAM C-to Minutes of April 14,2010 Meeting Edison Museum, Vienna, Ontario Present: Chair-Bev Hickey, Vice Chair- Chuck Buchanan, Secretary-Mayor Lynn Acre, Cheryl Peters, Brian Masschaele, Ray Maddox, Ron Bradfield, Jean Woon, Mat Schafer Regrets: 1. CALL TO ORDER: Chairman called the meeting to order at 7:00 pm 2. DECLARATION OF PECIINIARY INTEREST: None AGENDÄ: It was moved by R.Bradfield and seconded by R.Maddox that the agenda be approved as printed. Motion Carried. MINUTES: It was moved by L.Acre and seconded by C.Peters that the minutes of the Feb.lO. 2010 meeting be approved as written. Motion Carried. CORRESPONDENCE: a) Moore Museum - pamphlet was passed around. b) Ontario Museum Association - annual report and information regarding up-coming workshops. REPORTS: A) Marine Museum Report: 6.4.1) Emergency Exit Steel Door: Ed Mathews has installed a new door, which only opens from the inside, is alarmed and is working properly. 6.A.2) Carpeting: New carpeting has been laid. 6.4.3) Mahlon Burwell Display: 2010 is the bi-centennial of Mahlon Burwell's first official survey of Bayham. Mike Baker will organize a display for us. May include an actor to play part of Mahlon Burwell. Not sure whether to do special event before or after IPM. 6.A.4) Eaves trough Repairs: B.Hickey advised that the eaves troughs have been repaired. 6.4.5) Addition: Steelway Building Systems quoted $59,500.00 for a 35 foot x 40 foot pre-engineered steelway structure, including excavation of site, foundation walls and 4" interior concrete floor, insulation in walls and ceiling, drywall &,hangceilingbut not heating & electrical. Reid & Deleye Contractors Ltd. Quoted $114,205.86 forthe same including electrical and HVAC. It was moved by R.Bradfield and seconded by Motion Carried. 6.4.6)'Work Parfy: Some large artefacts need to be rearranged to make better use of the space. Spring-cleaning staff is scheduled for May 9 - 15. Student employees will be starting May 16. 3. 4. 5. 6. Museums Bayham minutes of meeting held April 14, 2010. File: C10 Page 35 of 171 Museums Bayham April14,2010 2 6.8. Edison Museum Report: 6.8.1) Outside Soffit Work It was moved by B.Masschaele and seconded by J.Woon that we accept the quote from Vienna Construction entr.v way. Motion Carried. 6.8.2) Restoration of Lap Desk: We were denied funding from the Canadian conservation Institute for repairs to our lap desk. However Mary Gladwin has advised Jean'Woon of what we can do ourselves to clean and repair holes. 6.8.3) Repairs to Bathroom Floor: It was moved by Jean Woon and seconded by C.Peters that we accept the quote from Vienna Construction for $499.28 to fix the bathroom floor at the Edison Museum. Motion Carried. 6.8.4) Painting & \üallpapering: It was moved by J.Woon and seconded by C.Buchaan that we accept the quote from Chuck Davis for $1.436.40 Carried. 6.C. New Edison Building Committee: Chairman J.'Woon will schedule another meeting soon. 7. MATTERS OUT OF THE MINUTES: a) EON Meeting: B.Hickey and R.Maddox attended the January meeting at Delhi Tobacco Museum. There was some discussion of participation in the 2010 Elgin International Plowing Match. A video of the V/ar of 1812 is being planned. b) Tillsonburg Home & Rec Show: Chairman Hickey thanked everyone who volunteered at our display. C.Peters announced that the winner of the door prize was Mrs. Houseman. There were 311 entries. Many useful contacts were made during the show, one of which resulted in the donation of the Weeks' family baseball memorabilia collection. c) Cataloguing Handbook: B.Masschaele examined a student- authored handbook and found within it a section pertaining to the County's on-line databank cataloguing procedure. Now all future student employees can use exactly the same procedure. It was noted that someone needs to ensure that both sites are using the same "Museums Bayham" forms. B.Masschaele will bring his laptop computer to a future meeting to show members our collection on-line through the databank. Museums Bayham minutes of meeting held April 14, 2010. File: C10 Page 36 of 171 Museums Bayham April14,2010 3 MATTERS OUT OF THE MINUTES: continued d) New Members: Kelly Armstrong was contacted but she is too busy right now to join our committee. Mat Schafer will invite Anna Schafer to attend the June meeting. e) It was moved by B.Masschaele and seconded by M.Schafer that the amendments to the byJaws be accepted as drafted. Motion Carried. -deletion of both thefinancial liaison and the media liaísonfrom the membership list. ,reducing the size of the committeefrom 13 to I I members. (We currently have only 9), deleting the requirement of curator as acting secretary, increasing the term of fficefrom j years to 4 years to match council's term of ffice, adding the committee duty of making recommendatíons regarding maintenance & pr o grammíng. 8. NEW BUSINESS a) Festival Network: Paul Corriveau has suggested that a Festival Network be established for Elgin/St.Thomas so that money can be raised to hire a coordinator to plan and market our resources as well as to share resources such as tables, chairs, tents etc. b) Interviews for Student Employees: Resumes are due May 3. C.Peters, C.Buchaan and B.Hickey volunteered to heþ L.Millard interview candidates. Students to begin work on May 16. It was noted that many former student employees have expressed interest in returning. 9. NEXT MEETING: Wednesday May fÊ ZOf O at 7:00 pm Municipal office. 10. ADJOURNMENT: Moved by J.'Woon that the meeting be adjourned at 8:33 pm. Motion Carried. Chairman Secretary Museums Bayham minutes of meeting held April 14, 2010. File: C10 Page 37 of 171 Page 38 of 171 5 C¡t 1. ) 3. 4. J. Bayham Harbourfront Committee Minutes of Meeting held at Municipal Office, 9344 Plank Road, Straffordville Ontario April20,2010 Present: Doug Lester, Brenda Martin, Ron Bradfield, Ron Flick Regrets: Ray Talbot, Craig Gregson, Mark Taylor, HeinzVogelsang Also Present: Kyle Kruger, Ed Bradfield Call to Order: The meeting was called to order. Declaration of Pecuniary Interest None Approval of Minutes Those present reviewed the March 9,2010 minutes. Business Arising from the Minutes N/A 2010 Projects Discussion Staff updated committee members on the proposed projects currently included in the draft budget, including transfers for dredging, pier repairs, and small beach area projects. It was clarified that monies from 2009 dredging were intended to carry over to 2010. Committee members noted several items for consideration in 2010 maintenance, including: - improvements/painting etc. of the light tower at the end of the east pier - powff washing or similar treatment of the pier in mid-summer to remove "seagull impacts" - capping and painting of yellow mooring posts It was also noted that Mr. Barry Wade had discussed initiates at a recent Chamber of Commerce meeting, including potential benches on the pier. There was discussion of the potential to approach Mr. V/ade for design suggestions, and of seeking public donations for "memorial" benches. It was suggested a common design would be recommended. Doug Lester will approach Mr. Wade and staff will obtain some price information. Questions were raised regarding the post and rope placement for the east beach discussed in the past. Staff advised works are in progress. Committee members also discussed the west boardwalk ownership and maintenance. It was noted that several of the benches are in poor condition. Staff advised they would inspect and discuss with the Provincial Park staff. Committee members then discussed the need for brushing around the immediate harbour area to improve aesthetics. There was discussion of ownership of lands, property standards enforcement, potential parking area, and costs for surveys as required to fully determine property boundaries. 6. Coastal Processes Study Update Staff advised that the Study had just been received and would be presented to Council at its next meeting. Bayham Harbourfront Committee minutes of meeting held April 20, 2010. File: C06 Page 39 of 171 7. Pier Analysis Update Staff advised that the Study remains with the engineers currently, and is expected shortly. 8. Other Business a) Harbour Dredging Questions were raised regarding dredging in Port Bruce reported in the papers and whether that area was being treated differently. It was noted that works would again be proposed for approximately July (or sooner), and that a different process known as "grooming" be examined instead of prop washing. Committee members were advised of contact made by some members with MPP Joe Preston regarding timing requirements and federal investment. Staff advised they will begin contacts for further dredging approvals as discussed. b) DFO Foghorn Committee members requested the DFO be contacted to look at painting its facility. c) Graffrti Committee members noted graffrti problems under the bridge and the need to remove as best possible. It was also noted incidents should be reported to the OPP for awareness and knowledge of local policing committee. d) Accessibility Training Council Representative Staff circulated and reviewed Customer Service Accessibility Training materials for new members. 9. Selection of Chairperson Moved by Ron Bradfield Seconded by Doug Lester That Brenda Martin be elected Chairperson for the Harbourfront Committee. Carried 10. Adjournment Moved by Ron Flick Seconded by Brenda Martin That the meeting be adjourned. Canied Note: Next meeting May Il,2010 at7:00 pm at the Municipal Offices. Chairman Secretary Date Bayham Harbourfront Committee minutes of meeting held April 20, 2010. File: C06 Page 40 of 171 DRINKIN6 WATERSıûAiÈ'þÈo,ï'ÉtrïöN ACl FOR CLËAN WATER 5 M. Anderson, GRCA; D. Belanger, Guelph Waterworks; S. Cooke, GRCA; J. Etienne, GRCA; B. Fields, Norfolk County; S. Glauser, GRCA; D. Goudreau, County of Oxford; L. Heyming, GRCA; E. Hodgins, Region of Waterloo; D. Matheson, GRCA; L. Minshall, GRCA; T. Ryan, GRCA; D. Schulz, GRCA; T. Seguin, GRCA; G. Sousa, GRCA; L. Stafford, City of St. Thomas; S. Strynatka, GRCA; H. Waite, County of Oxford; A. Wong, GRCA; G. Zwiers, GRCA N. Chaloner; T. Lotimer, Lotowater; S. Robertson, Stantec Consulting Éso LAKE ÉR]E SOURCE PROTECTION RE6ION LAKE ERIE REGION SOURCE PROTECTION COMMITTEE MEETING MINUTES Thursday, April 1,2010 The following are the minutes of the Lake Erie Region Source Protection Committee meetíng held on Thursday, April I , 2010 at the Grand River Conservation Authority Administration Centre, 400 Clyde Road, Cambridge, ON. Members Present:C. Ashbaugh, Chair; M. Ceschi-Smith, H. Cornwell, P. General,*M. Goldberg, J. Harrison, K. Hunsberger, R. Krueger, J. Laird, L Macdonald, D. Murray, J. Oliver, D. Parker, G. Rae, T. Schmidt, R. Seibel, B. Ungar, M. Wales, D. Woolcott, W. Wright-Cascaden R. Haggart, A. Henry, B. LaForme, C. Martin, L. PerrinMembers Regrets: Proxy Representatives: *A. Davidson (R. Haggart), D. Munay (L. Perrin) Liaisons: T. Duong, Provincial Liaison; A. Dale, Source Protection Authority Liaison; D. Young, Public Health Liaison Region Management K. Smale, CCCA Committee: Staff: Also Present: 1. Callto Order C. Ashbaugh called the meeting to order at 1:05 p.m. 2. Roll Call and Certification of Quorum - 17 Members Constitute a Quorum (2ß of members) The Recording Secretary called the rolland certified quorum. Lake Erie Region Source Protection Committee minutes of meeting held April 1, 2010. File: E00 Page 41 of 171 Minutes of Meeting Lake Erie Region Source Protection Gommittee April 1, 2010 Page 2 3. Chairman's Remarks C. Ashbaugh welcomed members, staff and guests and noted the following: . The Ministry of the Environment has allocated an additional $244,000 for 2009/10 Early Actions funding for Lake Erie Region. o The Brantford/Brant Children's Water Festival is on Wednesday, May 12,2010 at the Mohawk Park Pavilion in Brantford. Members have been provided with a V.l.P. lnvitation and agenda to the festival. o The Waterloo Wellington Children's Groundwater Festival is on Wednesday, June 2, 2010 at the Waterloo Region Museum, Doon Heritage Village. Members have been provided with a V.l.P. lnvitation and agenda to the festival. . A copy of the comments from the Source Protection Committee to the Ministry of the Environment regarding the draft Source Protection Plan regulation has been distributed to members for their information. ¡ Congratulations to Alan Dale and his wife Natalie who have become the proud parents of a baby girl, Chloe Anne Dale. . Sylvia Hofhuis, Mayor of Central Elgin, passed away on Saturday, March 27,2010. Condolences are extended to family and friends. . The fìrst draft of the Long Point Region Source Protection Area Assessment Report has been distributed to members. The municipal system sections are still to be completed. Haldimand, Oxford and components of Norfolk are expected to be available in May, and the balance of the Norfolk section is expected to be available in June. . Members were provided with copies of the letters sent from the Source Protection Committee to lan Smith and Minister Gerretsen regarding excavation that breaches the aquitard. . Vulnerability meetings in the Long Point Region are taking place on April 15 and 22 in Simcoe and Tillsonburg. lnformation on both meetings plus copies of the Water System Fact sheets were distributed to members. The City of Hamilton will be holding a public information meeting in Lynden on April 20. Staff will forward the details to members when available. Vulnerability meetings for the Grand River watershed have been tentatively scheduled for the week of April 26 for the Oxford systems, the week of May 6 for Milverton (Perth East), and the week of May 6 for Fergus-Elora (Centre Wellington). The City of Guelph will be organizing meetings in City of Guelph and will be holding a joint meeting with Guelph-Eramosa Township, details are forthcoming. An e-mail summary of the meetings dates will be distributed once they are confìrmed. Members will also be copied on the media releases. *4. Davidson joined the meeting at 1:10 pm. Lake Erie Region Source Protection Committee minutes of meeting held April 1, 2010. File: E00 Page 42 of 171 Minutes of Meeting Lake Erie Region Source Protection Gommittee April l,2010 Page 3 . The Region of Waterloo recently held public information sessions in Elmira, Kitchener, Gambridge and New Dundee. The meetings were well attended and informative. C. Ashbaugh expressed thanks to staff and members who attended the meetings. . A consultation meeting on the Source Protection Plan regulation was held on Friday March 12. The Ministry of the Environment hosted the meeting. C. Ashbaugh thanked members J. Oliver, A. Henry and M. Wales for their attendance and noted that summary presentations of round table discussion by Jim Oliver, Andrew Henry and Simon Glauser were welldone. o A partnership information exchange session with the Ministry of the Environment, Ministry of Natural Resources, Conservation Ontario and the Grand River Conservation Authority was held at the Grand River Conservation Authority on March 23. The Ministry of the Environment noted that the Lake Erie Region is operating at a gold standard, and took the opportunity to identify and discuss the contributing factors for this region's success. C. Ashbaugh noted that the Grand River Conservation Authority is the lead Conservation Authority for the Lake Erie Region. The GRCA is very cooperative with its local partners and is held in high regard and has many marks of success. The hard work, cooperation and expertise of the Region Management Committee, the partner conservation authorities, municipal partners and the members of the Source Protection Committee all contribute to the Lake Erie Region's success. The committee has been non-political, non-sectoral and very functional. He noted that this committee is working well because it has remained as a steering committee, and maintains a high level of confidence in conservation authority and municipal staff. 4. Review of Agenda A revised agenda was distributed with ltem 10)h) Report SPC-04-10-08, Norfolk County Port Rowan and Port Dover Vulnerability, Threats and lssues (late starter) removed from the agenda. Moved by: M. Ceschi-Smith Seconded by: B. Ungar carried unanimously THAT the revised agenda for the Lake Erie Region Source Protection Committee Meeting of April 1, 2010 be approved. 5. Declarations of Pecuniary lnterest D. Murray declared pecuniary interest on item 10) 0 SPC-04-10-06 Southgate (Dundalk) Threats Analysis and item 10) g) SPC-04-10-07 Cenre Wellington Threats Analysis because Triton Engineering, his firm, was involved in the technical studies. 6. Minutes of Previous Meeting - March 4,2010 R. Krueger noted that l. Macdonald acted as his proxy representative at the March 4,2010 meeting. Moved by: R. Krueger Seconded by: D. Murray carried unanimously Lake Erie Region Source Protection Committee minutes of meeting held April 1, 2010. File: E00 Page 43 of 171 7. 8. Minutes of Meeting Lake Erie Region Source Protection Committee April l,2010 Page 4 THAT the amended mínutes of the previous meeting March 4, 2010 be approved. Hearing of Delegations None Presentations None Correspondence B. Ungar observed that the conespondence to lan Smith regarding aggregate extraction breaching the aquitard identified pathogens as the contaminant of concern, as opposed to contaminants in a broader sense, as was originally discussed by the committee. L. Minshall explained that the first draft of the letter did note contaminants in a broader sense, however, the Ministry of the Environment provided comments on the first draft; their comments suggested that the contaminant of concern should be specified. The assumption in identifying pathogens is that there is an inherent presence of pathogens in surface water. While other contaminants are dealt with through reducing the risk of threats or identifying an issue, the pathogens inherent in surface water are not addressed by any other means. One cannot assume that surface water inherently has other contaminants unless there is knowledge regarding the source and the frequency. Because staff were advised to specify the contaminants, they specifìed the pathogens. B. Ungar noted that a large potential for contamination for an aggregate operation would be petroleum products. L. Minshall identified that it is the activity itself that is the threat and explained that if an aggregate operation has fuel storage, fuel storage is identified on the prescribed list of threats, and there is a means of addressing that. a) Copies for Members None b) Not Copied None Reports a) SPG-04-10-01 Committee Meeting Dates - July to December,2010 S. Glauser provided background information regarding Report SPC-04-10-01 and provided an overview regarding how the meeting dates align with the current proposed timelines. He noted that it will be clear by May 6 whether the October 18 deadline for Long Point Region Source Protection Area Assessment Report will be met. The Grand River Source Protection Area Assessment Report is developing, and staff hope to provide a partialversion to members on May 6. 10. Lake Erie Region Source Protection Committee minutes of meeting held April 1, 2010. File: E00 Page 44 of 171 Minutes of Meeting Lake Erie Region Source Protection Gommittee April 1,2010 Page 5 be amended toS. Glauser noted that the proposed meeting dates may need to accommodate review periods and timing of the assessment reports. Res. Älo. 23-10 Moved by: B. Ungar Seconded by: M. Wales carried unanimously THAT the Lake Eríe Region Source Protection Committee adopt the following meeting schedule from July to December, 2010: Meeting Date Time Location July 8, 2010 1:00 p.m. GRCA Administration Centre, Cambridge August 12,2010 1:00 p.m. To be determined September 2,2010 1:00 p.m. To be determined October 7,2010 1:00 p.m. GRCA Administration Centre, Cambridge November 4, 2010 1:00 p.m. GRCA Administration Centre, Cambridge December 2, 2010 1:00 p.m. GRCA Administration Centre, Cambridge b) SPC-04-10-02 Gity of Guelph Vulnerability Analysis and Threats Assessment Update J. Hanison noted that there are six technical reports on the agenda, all to be presented separately. He identified that members have already seen 10-15 of these presentations at previous meetings, and have had an opportunity to read the current reports. He suggested that the content is always the same because it is required by regulation. The resolutions all have the same recommendation and do not have any action associated with them further than making the information available to the public and incorporating the components into the Assessment Report. He suggested that the presentations are not necessary for each report, and he moved that Report SPC-04-10-02 up to and including Report SPC-04-10-07 be made available to the public and the components be incorporated into the relevant assessment report. * M. Goldberg joined the meeting at 1:35. C. Ashbaugh noted that although he does not disagree that the recommendations are repetitive, he noted that, in the past, members have asked a number of very good questions for each presentation and report. He further noted that staff and consultants have worked hard on the reports and presentations and people have made themselves available to make those presentations. M. Cecshi-Smith commented on the Guelph and Centre Wellington reports noting that there are contaminants identified in the reports on what would seem to be abandoned sites. She identifìed that Source Protection Planning may provide an optimum opportunity to advocate for legislation that will influence remediation of Brownfields sites. She noted that there is new legislation in British Columbia with funding for Brownfìelds work. She further noted that Minister Gerretsen was Minister of Municipal Affairs and Housing prior to his cunent portfolio, which would provide him with insight regarding the impacts of Brownfields on municipalities. She noted that these are issues that will impact drinking water and she wanted to point out that these are in the reports identified. Lake Erie Region Source Protection Committee minutes of meeting held April 1, 2010. File: E00 Page 45 of 171 Minutes of Meeting Lake Erie Region Source Protection Committee April 1,2010 Page 6 Moved by: J. Harrison Seconded by: T. Schmidt defeated (7 in favour, 10 opposed) THAT the Lake Erie Region Source Protection Committee direct staff to make the information in the Reporfs SPC-04-10-02 up to and including SPC-04-10-07 be made available to the public, and incorporate the components of the technical sfudres into their respective Assessmenf Reports. D. Belanger provided an overview of Report SPC-O¿-10-02. He noted that the potential significant threat enumeration was amended to 1,670 activities on 1,041 locations,'with 33 properties identified with pathogen threats. R. Seibel asked if the Technical Rules allow vulnerability to be assessed based on projected future conditions. D. Belanger responded that it is known that the quarry pumping will end within the timeframe of the future water supply assessment. As such, the City of Guelph feels comfortable taking these projected future conditions into account. R. Seibel pointed out that the last paragraph on the last page of the report states that the information should not be disclosed except in accordance with applicable law including Freedom of lnformation legislation and asked how this statement reconciles with the recommendation to make the report public. D. Belanger responded that there is specific information for potential significant threats that cannot be public. L. Minshall elaborated that this approach is province wide. The Technical Rules require only that the signifìcant threats be enumerated, not listed. Further, there is not sufficient information to know for certain properties cunently identified have activities that are significant threats, and it would not be defensible to publicly identify them. M. Ceschi-Smith wondered how the City of Guelph intends to address sites with conditions, and asked if the sites are orphan sites. D. Belanger identified that addressing the conditions will be the product of the Source Protection Plan and, as such, noted that ultimately, that will be the challenge of the committee. M. Ceschi-Smith asked if the City of Guelph does testing on municipal rights of way when they suspect a site is contaminated. D. Belanger responded that when the source of contamination is on the adjacent property, the responsibility to test the site lies with the Ministry of the Environment. The City of Guelph would have the responsibility for testing only when the city is the property owner of the site. M. Ceschi-Smith reiterated that she feels this may be an opportunity to address Brownfields with the Ministry of the Environment. T. Schmidt cautioned that municipalities must be careful with what they fìnd. There is a statute of limitations that allows the municipality only two years to take action after becoming aware of a contaminated site. D. Parker asked how much acreage of Brownfield sites are in Guelph. J. Laird responded that there may be about 40 contaminated sites, but they are not all abandoned. M. Goldberg suggested that his understanding is thatthere are 175 contaminated sites in Lake Erie Region Source Protection Committee minutes of meeting held April 1, 2010. File: E00 Page 46 of 171 Minutes of Meeting Lake Erie Region Source Protection Committee April 1,2010 Res. No. 24-10 Moved by: M. Wales Secondedby: G. Rae Page 7 Guelph, such as old garbage sites that are now parks. J. Laird clarified that the larger nu m ber refl ects' potential ly' contam inated sites. carried unanimously THAT the Lake Erie Region Source Protection Committee direct staff to make the information in the report entitled City of Guelph Source Protection Project - Final Groundwater and Surface Water Vulnerability Report (AquaResource lnc., 2010) and. Final Water Quality Threats Assessment Report (AquaResource, 2010a) available to the public, and incorporate the components into the Grand River Source Protection Area Assessment Report. c) SPC-04-10-03 Oxford Groundwater Vulnerability Assessment, Threats Assessment and lssues Analysis D. Goudreau provided an overview of the vulnerability and issues portion of report SPC- 04-10-03. H. Waite provided an overview of the threats portion of Report SPC-04-10-03. M. Goldberg asked for clarification regarding the calculation of nutrient units. H. Waite responded that in most cases the number of livestock is not available, so staff and consultants use air photo analysis to calculate the livestock that could be held on that site based on the bam and the area. B. Ungar advised that under the Nutrient Management Act animal units are used, as opposed to nutrient units. He advised that the animal units should be available through the Ontario Ministry of Agriculture, Food, and RuralAffairs. A. Dale referred to the tables for the threats assessment and asked how the distinction is made between whether commercial or natural fertilizers are applied to agricultural land. H. Waite responded that there is no way of knowing if a farmer is applying one or both fertilizers. She noted that they review the calculation of managed lands and the calculation of percent nutrient units and assess the threat. The Tier 2 threats assessment will be more detailed and will include contact with the landowner to determine whether the landowner is applying the commercial fertilizer. After the meeting, H. Waite provided the following elaboration to her response.' The Agricultural Source Material pathogen threat has been assumed for atl farm propefties that intersect the wellhead protection areas (since there is no calculation or threshold required fo assþn the threat) even if the chemical Agricultural Source Material threat is not applied to that property. AIso, some residential propefties are assumed to be applying commercial feftilizer. J. Oliver noted that the headings in Tables 6 and 7 were different 'Threat Circumstances' versus 'Circumstance lD' and asked what the difference is between the two. H. Waite responded that the two headings are one in the same, and this is a typographical error. Lake Erie Region Source Protection Committee minutes of meeting held April 1, 2010. File: E00 Page 47 of 171 Minutes of Meeting Lake Erie Region Source Protection Gommittee April l,2010 Page I D. Parker noted that the pesticide storage compared to the number of farm operations seems to vary somewhat. H. Waite responded that the pesticide storage enumeration refers to storage for individual use. There is an assessment regarding whether there is a farm structure or just the land in the wellhead protection area; it it is the structure, there is an assumption of storage. M. Goldberg suggested that it may be worthwhile to go to the Ontario Ministry of Agriculture, Food and Rural Affairs to obtain more data, and use this data to check their modeling for accuracy. He suggested checking their assumptions, and if the assumptions are proven valid they could continue to use the model, and if not, they could correct the model. Res. lVo. 25-10 Moved by: B. Ungar Seconded hy: J. Oliver carried unanimously THAT the Lake Erie Region Source Protection Committee direct staff to incorporate the components of the reports entitled Groundwater Vulnerability Assessment for Wellhead Protection Areas (Oxford County, 2009); Bright, Drumbo and Plattsville Well System Threats Assessmenf (Ortord County, 2010); Dereham Centre, Norwich, Otterville, Springford and Tillsonburg Wellsysúems Threats Assessment (Oxford County, 2010); and Source Water Protection Drinking Water Sysfems /ssues Evaluation (Oxford County, 2009) into the Grand River Source Protection Area Assessment Repoft and the Long Point Region Source Protection Area Assessment Reporl, and make the information available to the public. d) SPC-04-10-04 Norfolk County WHPA-E Vulnerability S. Robertson provided an overview of Report SPC-04-10-04. There were no questions or comments. Res. À/o. 26-10 Moved by: R. Krueger Seconded by: M. Goldberg carried unanimously THAT the Lake Erie Region Source Protection Committee direct staff to incorporate components of the report: 'Wellhead Protection Area "E' Delineation and Vulnerability Scoring for GUDI Wells in Nortok Countf' (Stantec, 2010) into the Long Point Region Source Protection Area Assessment Repoñ, and make the results available to the public. e) SPC-04-10-05 Township of Perth East (Milverton) Groundwater Vulnerability G. Zwiers provided an overview of report SPC-04-10-05. He noted that staff from the Thames-Sydenham Source Protection Region were the lead for the technical studies in Milverton. J. Oliver asked for more information regarding the peer review process. G. Zwiers responded that the Thames-Sydenham Region has a four member peer review committee, which includes representatives from other Conservation Authorities as well as consultants. Lake Erie Region Source Protection Committee minutes of meeting held April 1, 2010. File: E00 Page 48 of 171 Minutes of Meeting Lake Erie Region Source Protection Gommittee April l,2010 Page 9 Res.lVo. 27-10 Moved by: J. Laird Secondedby: G. Rae carried unanimously THAT the Lake Erie Region Source Protection Committee direct staff to incorporate components of the repoft: 'Vulnerability Assessment - Perth County Municipal Drinking Water Sysfems' (Schlumberger, 2009)' into the Grand River Source Protection Area Assessment Report, and make the resu/fs available to the public. f) SPC-04-10-06 Southgate (Dundalk) Threats Analysis G. Zwiers provided an overview of SPC-04-10-06. There were no questions or comments. Res, JVo. 28-10 Moved by: B. Ungar Seconded by: W, Wright-Cascaden carried unanimously THAT the Lake Erie Region Source Protection Committee direct staff to make the information in the repod entitled Township of Southgate, Village of Dundalk, Draft Source Protection Vulnerabil/fy, /ssues and Threats Assessment (Golder, 2010) available to the public, and incorporate the components into the Grand River Source Protection Area Assessmenf Report. g) SPG-04-10-07 Gentre Wellington Threats Analysis G. Zwiers provided an overview of report SPC-04-10-07. M. Goldberg noted that there is frequently a sulphur taste in the water in Fergus, but not in Elora. D. Murray responded that it is a condition of the aquifer that dates back to the 1930's. The waterfrom Elora and Fergus come from the same aquifer but Fergus does tend to have more of a sulphurous taste. lt may have something to do with the age of the water in the aquifer and the depth of where the water is coming from. M. Goldberg asked if there has been any discussion regarding getting the supply from Elora to Fergus residents. D. Murray replied that they presently do combine the water from both areas. M. Cecshi-Smith asked about conditions affecting the water supply. L. Minshall noted that the Ministry of the Environment documents will identify if these sites are contamínated sites, and that information can be integrated into the amended Assessment Report in 2011. D. Murray commented that one of the concerns with identifying conditions is that conditions can only be captured inside the wellhead protection area. Lake Erie Region Source Protection Committee minutes of meeting held April 1, 2010. File: E00 Page 49 of 171 Minutes of Meeting Lake Erie Region Source Protection Committee April l,2010 Page 10 carried unanimously Res.lVo. 29-10 Moved by: J. Laird Seconded by: K, Hunsberger THAT the Lake Erie Region Source Protection Committee direct staff to make the information in the report entitled Township of Centre Wellington, Draft Source Protection Vulnerabflify, /ssues and Threats Assessmenf (Golder, 2010) available to the public, and incorporate the components into the Grand River Source Protection Area Assessment Report. 11. Business Arising from Previous Meetings None 12. Other Business a) Question and Answer Period M. Goldberg advised Environmental Defense that have the Canadian Environmental Law Association and produced brochures for each of the Source Protection Regions regarding the source protection process. M. Goldberg provided copies of the Lake Erie pamphlet for distribution to members. L. Minshall noted that this pamphlet has been produced without Lake Erie Region staff consultation. J. Oliver asked if members could be provided with a copy of the agenda and format for the public meetings in advance. D. Schultz responded that the format is very casual. The first half hour is an open house for discussion and then there is a presentation. J. Oliver asked which staff attend the public open house. C. Ashbaugh replied that a variety of staff attend; this could include any combination of L. Minshall, S. Glauser, D. Schultz and stewardship staff. C. Ashbaugh noted that there is a new stewardship staff member in attendance and asked T. Ryan to introduce Derek Matheson. T. Ryan introduced Derek Matheson, Conservation Specialist who will be coordinating Early Actions. T. Ryan also introduced Louise Heyming, Conservation Specialist at the Grand River Conservation Authority, who has provided continuity for the Early Actions program when the position is in transition. L. Minshall noted that staffing for the public information sessions is done systematically. Typically there is a representative from the GRCA communications team and the partner conservation authority communications team, one stewardship representative, and L. Minshall or S. Glauser. The Long Point Region meetings the local Conservation Authority will likely have a stewardship delivery person in attendance. C. Ashbaugh added that municipal staff are also in attendance and noted that representatives from the committee are also encouraged to attend. D. Parker noted that he recently attended a meeting with the Ontario Federation of Agriculture. Attendees reviewed the assessment reports submitted to date in the province. He advised that the Kettle Creek and Catfish Creek Assessment Reports were well received. He noted that there was a discussion pertaining to pathogens as a result of goose droppings and noted that lan Smith will shortly acknowledge there are pathogens in goose droppings. Lake Erie Region Source Protection Committee minutes of meeting held April 1, 2010. File: E00 Page 50 of 171 Minutes of Meeting Lake Erie Region Source Protection Committee April 1,2010 Page 11 I Macdonald suggested that, particularly for the business and industry committee members, it is important to ensure there is a listing of representatives available at the public information sessions and that the public is aware that they can contact committee members. D. Parker suggested that for the summer off-site meetings, the committee consider a meeting venue in the North. 13. Closed Meeting Not applicable. 14. Next Meeting - Thursday, May 6,2010,1:00 pm GRCA Administration Centre, 400 Glyde Road, Cambridge, ON 15. Adjourn The Lake Erie Region Source Protection Committee meeting of April 1,2010 adjoumed at 2:55 p.m. Moved by: D. Parker Seconded by: G. Rae carried unanimously THAT the April 1, 2010 Lake Erie Region Source Protection Committee meeting be adiourned. Recording SecretaryChair Lake Erie Region Source Protection Committee minutes of meeting held April 1, 2010. File: E00 Page 51 of 171 Page 52 of 171 Subject Application for Official Plan -AmendmenÇ File Number OP 1L-172 (County of O<ford) The purpose of the above noted application for Official Plan Amendment is to clarify the County of Oxford Official Plan policies related to extension of and connection to centralized water supply facilities within the County of Oxford. We would appreciate receiving your comments and suggestions regarding the proposed consent and zone change prior to June 4,2010, in order that we may respond to the applications. Please email your comments to pla¡¡lng@county.oxford.on.ca. Attached is a copy of the application. Additional information relating to the proposed official plan amendment is available for inspec{ion at the Community and Strategic Planning Office. lf you have any questions in this regard, please contact Melissa Sherran of our offìce at (519) 539-9800, Ext 3211 or by email at mshenan@county.oxford.on.ca Yìda Líkins Page2 of2 System Administrator Commmíty & Strotegíc Planníng Offíce 21 Reeve Street, PO Box 1614 Woodstock ON N4S 7Y3 þf g) 539-9800, ext 3208 Fax: (519) 421-4712 This e¡mil communication È C0NFIDENTIAL Æ.ID LEGALLY PRIVILEGED. ¡f you arc mt tbe intended recipiøt, please notifi me at the tclepbone number sbown abo"c oruy ,"ãà .-"it-"od d"la" thi, *m-,¡nication a¡d any copyimmediately' Thankyou O ni* obor¡t orr Ewirpnment. Prínt mly if n¿cessorT' Correspondence from County of Oxford regarding "Application for Official Plan Amendment. File: D08 Page 53 of 171 Frrc No. ù f ll- 17à DRre Recevro: COUNTY OF OXFORD APPLICATION FOR AN AMENDMENT TO THE OFFICIAL PLAN Srcroì¡QNe - 9qreRAL lNronilArgN, l. Appllcant: a) Name Couurv oç OxroRo Telephone: 51$_53$0015 x3209 Address 21 Rceve.Çtrecj GellPhoner Woodstock ON Fax No. 5194214712 PostalCode: N4S 3G1 EmallAddress:nlannino @ oxfordcorrnfu -ca b) Appficant's lnterest in Subject Land: Not Appllcable (text Arnendment) Reglstered Owner Agreement of Purchase and Sale (attach copy) Mortgage Other (specify) 2. Registered Ourner: (ff drer than apptbant) Name Various Telephone: CellPhone:Address PostalCode:EmailAddress: 3. Sollcitor orAgent 0f a¡ìy) Name Paul Miehiels Address Countv of Oxford lseme as above'l Postal Code:EmailAddress: Location of Sub¡ect Land:Not applicable (Iext Amendment) Lot Numbe(s) Telephone: 51S53$0015 x3209 CellPhone: Fax No. nmlch lels @nvfnrdnnt rnfu rn Fax No. Concession / Plan No. Part Numbe(s)Reference Plan No. Former MunicipalityMunicipality StreeV9l 1 Civic Address The subject land is located on the and FOR OFF¡CE USE Of{LY DATE F'BESCRIBED INFORMANON COMPLETE SÍeet. side of the Street, lying between Street Correspondence from County of Oxford regarding "Application for Official Plan Amendment. File: D08 Page 54 of 171 CouNnr oF o(FoRo - ApplrcAloN FoR OFnctAt- Pl/cr.t AlrrNor,trur PAGE 2 SEcnoN Lrt/o - gEEclAL PLAN lNFoRMAnoi¡ (Complete sectlons only where applicable) 5. Purpose of requested Amendment: suoolv and/or wastewaler facllitiaq bevond a desionated settlement bolndarv. 6. ls the appl¡catlon consistent wlth the Prov¡nclal Pollcy Statement, 20(8, as amended? (see ltem No. I ¡n the application guide) Yes X No -7. lsthlsarcquestforanAmendmenttoaSchedu(s)oftheOfflclalPlan: no 6osho) lfyes,con'ìdotsth€fottowins: ii""äl t"r JDestcruenonorSnel UsesPenurnep Ex¡€rtinq: Pfopceed: 8.ls thls a þquest for an Amendment to the text of the Offlclal Plan: ves (yedrro) lf yes, complete the lbllowing: Chaoter4. Sectlon 4,2.2. Growth Strateor,a) Chapter, Section and Subs€ction title b) ls this section / subsectfon to be: Changed X Beplaced Deleted c) lf changedreplaeed, proposed text of Amendment: Specif lc text amendments to be determined. Secloru TxnEE - DEgCFümOru or Dwe¡-opr¡e¡rf (ff speclfic developrnent lÊ pþpo6ed, complete the followlng) Not Appllcablê 9. Present Use of Sublest Land: 10.DescrÍptlonofExlstlngBui|dlng(s)orSüucture(s)onSubiectLand:1oateotcÛsüuct¡on,pf6efiuSg)- 11. Proposed Use of Sublect [and: pescrlpüon of Applicants Propoeal) 12. Proposed Buildings of Structufqs associated wtth ttre Prcposed Land Use: (ínclude Infonnation rêgard¡ng alt€ratlln t'c or clemolilion of eisling fuildlngs or structures) I 3. For proposed Residential development, speclfy: a) Gross or Net Density/Hectare b) t'.Io. of Units T!çe of Units 14. For proposed Commerclal, Industrial, lnstitutional or Hecreatlonal development, spec¡fy: a) Gross Floor Area (ry type of uses) b) Proposed Uses Correspondence from County of Oxford regarding "Application for Official Plan Amendment. File: D08 Page 55 of 171 CouMÍy oF OxFoBo - AppLrcATroN FoR OFFtcTAL Pr.Jù{ AMË¡¡ÞMENr Secr¡on FouR - Sre INFoRMAnoN AID SERvrcEs 15. Dimensions of Sublect Land: fn metic uníe) a) Area b) Frontage 16. Acceqs to Subfect Land: - Provincial HighwaY Countv Road MunicipalRoad NoTAPPUCAB|j - Unopened Road Allowance - Private Rþht-of-WaY PAOE 3 c) Depth -Other (sPecifY) 17. Adjacent Land Usas: (lndlcat€ nature of adjacent land usos) 18. Seruices: Munlcipal Stom Sewers - Municipal Drain - (Pteas€deckone) "Notê: lf the requested amendment lnvolves dovelopment on a privately owned and operated individual or communal seplic s¡rstem and more than 4500 lltres per day of effluent will be prodrced as a result of the completed proposal, the applícant must submlt a servlclng optlons feport and a hydrogeolog¡cal repod. SEcnoN Fve - Zor.¡¡rc By-Llw Nor Appucasle 19. MunidpalZonlng By-Law Number: Existing Zoning of Subject 20. Has an application for Zone Ghange been ffled? lf yes, describe he proposed zoning of lhe subject land Yes No Secno¡¡Sor-OrnmlnroRumon NorAppucABtr 21. lf the subject land, or any land wilhin 120 meters of it is tfre subject of an application bythe applicant for a minor variance, a consênt or consent and minor variance, an amendment to the Offichl Plan, a zoning by-law amendment, a Ministe/s zoning order, or approval of a plan of subdivision or slte plan, pleas€ provide the file numb€r, the name of the approval auüority considering it, the land it affects, its purpose, its status, and its etfect on the requested amêndmont. 22. lf lhe requested amendmenl proposes to atter all or any part of the boundary of a designated settlement area or proposes to establish a new settlement area, please provide the current section containing policies of the Official Plan dealing with he alteration or establishment of a designated setüement area. 23. lf lhe requested amendment proposes to remove the subject land from an area of employment, please provide the relavant section of the Official Plan deallng with he temoval of land from an area of employment. Dated this û-TLaav ol /V) ..rt 2oAZ. Correspondence from County of Oxford regarding "Application for Official Plan Amendment. File: D08 Page 56 of 171 CoUMTY oF OXFORD- APPLIoATIoN FoF OFFIoIAI PLAN AMENDMENT PAGE 4 f the appllctrìt l¡ not lñe owner of the land that þ ttre ¡r¡bþct of thb applbatlcr, the wrftten autñortsåtlon of the owner tfiat thc lPPllcant f s authorized to malc lte appllcatlon must be lnch¡ded wllh thb brm or the authortsatlon e€t ot¡t bclorú must be complsted. Auxonzmon oF OvwER(s) FoR AcE¡trro Mrucnre ApPUcArloN l/We, am/are the owner(s) of the land hat is the subject of tris applkntion for Official Plan amendment. l/ We authorize , to make this application on my/ our behalf. Date Signature of Ovmer(s) Slgnature of Ome(s) Correspondence from County of Oxford regarding "Application for Official Plan Amendment. File: D08 Page 57 of 171 COUi'TY oF OXFORD -APPLIcATIoN FoR OFFclq¡. P[.AN A!¡ENDME¡ÍI PAGE 5 THIS SECTION TO BE COMPLETED IN THE PRESENCE OF ACOMMISSIONER FOR TAI(ING AFFIDAVTS l/We ßr¿o, .lo. l, -f¿r-I'¡o¡of he ofin the DO SOLEMNLY DECI.ARE THAT: All of the prascribed lnformation contained in this application ls true and hat the information contained ln the documents that may accompany his application is trtæ. Orner / Applicant forTaking Afrldavlts HNEF, a of Oxford fot tY of Odord' Exflres August 9' f009' DECI-ARED before me at the crlyor )'ry 2ogq-. fitfiedeclsio¡¡dthlsappltætionleappledbyathirdparty,, BWrd¿, lf -rZ{hC¡fì- ., ag,æ to suppott the appttcation, prwtcte ess¡surnæ in thê p.eqrao* *ffffiff*TJåt ilcatton Morc the Ontario llunlcìpal Bærd and yay all of tl¡e Cannty's iegal cøsts aæocíatú wlth lhe OMB heartng. o/, :. 9 -Ú -' þÍgnatureoÍownerlapptiænt)¿r' Correspondence from County of Oxford regarding "Application for Official Plan Amendment. File: D08 Page 58 of 171 GROWTH THROUGH INFILLING OR PLAN oF suBDtvtstoN WATER QUALIW AMENDMENT No.49 County of Oxford Official Plan o the level of cost effective servícing available in relation to existing and anticipated growth; o potential growth limitations resulting from known water supply or quality issues and/or area with soils not suitable for individual sewage disposal systems and/or where there is a high risk of groundwater contam ination ; . the adequacy of soft services to support growth; o potential impacts on and conflicts with agricultural land uses, environmental resources and mineral and petroleum resources. Proposals to expand the limits of a Village designation will only be considered through a comprehensive review and will require an Amendment to this Plan to redesignate the Village to the Serviced Village category in accordance with the requirements set out in Section 4.2.2.4.4 as well as fulfill relevant requirements for a servicing strategy and secondary planning prior to the onset of new developmenf, other than infilling. Notwithstanding the above, minor adjustments to the Village designation may be permitted through an Official Plan amendment to provide for the proper configuration of developmenf and the road system or to provide land necessary for community amenities such as parks and recreational facilities or public services. Growth in the Village designation will occur through infilling and by small plans of subdivision which would constitute minor infìlling and rounding out of existing developmenf within the limits of the Village designation established on Schedule C-3. Developmenf proposals for more than five lots, including the remnant parcel shall be by plan of subdivision. 4.2.2.3.1 Village Servicing Developmenf within the Village designation will be by private sewage disposal systems and individual wells or expansion to an existing centralized water supply facility Prior to creating new lots for developmenf by plan of subdivision, it shall be demonstrated that: . the uncommitted capacity of the existing centralized water supply facility is sufficient to service the proposed developmenf and that extension of such service is financially viable and complies with all regulatory req uirements; Growth Management Policies 4.2 Policies Ghapter 4 Page 4.2-7 Correspondence from County of Oxford regarding "Application for Official Plan Amendment. File: D08 Page 59 of 171 County of Oxford Official Plan . The proposed developmenf and associated on-site private sewage facilities satisfy the requirements of the County and the Board of Health and the policies of Section 3.2, Environmental Resource Policies, relating to water quality and Section 5.5.3, Hierarchy of Servicing Options. HFEN$oN€F The extension of eentôERVTCES ien-as ffi l{-+e water-sqpffi strud.ure{.e-er<is+ing+evel€pment"ffi y be+ermitted-upon-reeeipt-of-a-written-request-Brevided{hat-all-ef{he ^lÆil€flcl¡++l€840 Ail'tÐß,,+te-4n tY-o++r+e-+¡mit A#lF#,Ðr,rÊEftþÐ(t 'The extensien ef serviees is required fer existing develeprrenf enly ing--uses-€Fe prepesed with the exeeptien ef limited. inf,.lling in aeeerdanee with Arta;¡ty¡¡¡3g,flo-4g @; .The-existins a evel opnent-ts@ntit¡or-qt*a+ity AÆttottEt++tgrll .The existing develqBmenf is no lenger able te aeeess existing Assessment-øeeessåas-inrjieateé+hal+h e extens,io+elmunicipa+ At.E*Ðtt't''+túz serc/i€es-islheprefer.redservieing¡alternative; AilENÐM,;/TINO,lg Growth Management Policies 4.2 Policies Chapter 4 Page 4.2-B Correspondence from County of Oxford regarding "Application for Official Plan Amendment. File: D08 Page 60 of 171 County of Oxford Official Plan Feeommendatien-€+-+he-G€{rn@dment---Suehreeernmendation ingthæFiteFia listed-€b€ve-and-{ry4tl++ef A¡ilr;r,tltttltr+to-llg in€ffi _EXTENS|ON OEsenvices The extension of centralized water supply facilities and related infrastructure to service developmenf beyond the limit of the Villaqe Amendment*o.62 designation as established on Schedules B-1. E-1. N-1. S-1 and Z-1 shall be prohibited. Notwithstanding the above. the extension of the settlement boundary to service existino developmenf in the Añendñent No.19 Arnendment No.131 provided.that qll of the following criteria are satisfied: AmendmentNo'¿re limit of the Village designation: Amendmenl No' 4e County of oxford: . The extension of services is required for existing developmenf only and that no additions or rnfensrTrcafion of existinq uses are AmendmentNo'4e settlements in accordance with thg. policíes of this Plan: . _The existing developmenf is experiencinq a water quantity or quality problem that has been verified by the Oxford County Board of Health and the Board agrees that the extension of seryices Are.AmendmentNo'4e required to remediate the problem; . The existinq developmenf is no lgnger aþle to access existing communal water facilities and the Class E"nvironmental Assessment process has indicated that the extension of municioal AmendmentNo.62 services is the orgferred servicinq...Rlternative: . The owners of the existinq developmenf have aoreed to oav 4nend.ment.Ne,lp connection fees based on the County's cost recovery oolicy. Chapter 4 Growth Management Policies Page 4.2'9 4.2 Policies Correspondence from County of Oxford regarding "Application for Official Plan Amendment. File: D08 Page 61 of 171 APPROVAL Amendment No.49 coN"NEçT"!g|¡ r.o SERVtCES AMENDIIIENT NO, 49 A,IIENDMEE]N9,49 AMENDMEffT NO.49 AMENDMEN| NO. 19 County of Oxford Official Plan Each request for an extension of services shall be subject to Coqnty report and recommendation of the County Public Works Departme-nt. Planning Office and the affected Area Municipalities. Such Section 5.5.3 of this Plan and in consideration of comments from the circulated agencies. The Public Works reoort shAll include:. maoping to the show the oeographic extent of the servicinq proiect:e rationale for the extension:. information relating to the timino. cost and process of the extension;. information oertaining to implications for servicing capacity:. cgnlments from circulated aqencies:. a recommendation to Council. Upon approval. mapoing showing the extent of the servicing. shall be incorpor?ted in Aooendix 5, Locatign of Water.,Servicss to the C-ounty of Oxford Official Plan. established on Schedules B-1. E-1. N-1. S-1 and Z-1 shall be the immediate vicinity. a orooertv may be oermitted to connect to such rnfrasfrucfure upon the approval of a written request to the County of Oxford Public Works Department. provided that all of the following criteria are satisfied: . The existing developmenf is within the immediate vicinity of existing rnfrasfrucfure as shown on maoping provided in Appendix 5. Location of Water Services. County of Oxford: . The cqnn,ection to servicgs is req!¡i.r.ed for existing developr?enf settlement area in accordance with the policies of this Plan: Growth Management Policies 4.2 Policies Chapter 4 Page 4.2-10 Correspondence from County of Oxford regarding "Application for Official Plan Amendment. File: D08 Page 62 of 171 AMENDNEM NO. 19 AMENDMENI NO.62 AMETIDHENT No.19 A|SFNDMEMT N!p.19. County of Oxford Official Plan . fhg existinq- developmenf is experiencinq....a water quanilty or qualitv problem th"AI has been verified Þy the B-o,Ard of.Health .and the Board agrees-..."th.at the cqnnection to cenfrqlzed uvafel'stlpp/y problem: or . The existing developmenf is no lonqer able Íp accqss existing communal water facilities and the assessment made by the Director of Public Works has determined that the connection to a centralized water supply facility and related infrastructure is the preferred servicing alternative: . The owners of the existing developmenf have agreed to pay connection fees based on the County's cost recovery policy. Each request for connection to services shall be subject to aporoval bv the Director of the County Public Works Department. Approval this Plan. The County Public Works Department in consultation with the Board of Health will formulate a prooosal to connect to the centralized water supply J.acility. The Area Municipalitvls) will be to rgflect the ngyv connectign. Growth Management Policies 4.2 Policies Ghapter 4 Page 4.2-17 Correspondence from County of Oxford regarding "Application for Official Plan Amendment. File: D08 Page 63 of 171 COUNTY APPROVAL ENVIRONMENTAL /4SSESSME/Vr WRITTEN REQUEST Añendment No.62 Añendment No.49 Añendñent No.131 Amendment No.49 Gounty of Oxford Official Plan . the effect of the proposed development ü site alteration on environmental resources as well as how such developmenf or sife alteration may be affected by environmental constra¡nts will be addressed in accordance with Section 3.2, Environmental Resources Policies. Such secondary plan shall be incorporated into this Plan by Amendment. Approval of the required servicing strategy and secondary plan by County Council and confirmation by County Council of its willingness to accept ownership of servicing infrastructure is required as part of the Official Plan amendment process. County Council, in consultation with the Area Municipality, may authorize a waiver or reduction in the scope and content of the servicing strategy and secondary planning requirements based on the nature and scope of the proposed developmenf and the availability of information from previous investigations. Servicing strategies undertaken in accordance with the Class Environmental Assessment requirements do not require Provincial approval unless a Part ll Order is requested pursuant to the Environmental Assessment Act. 4.2.2.4.2 Extension of Services Within the County Boundary The extension of centralized waste water or water supply facilities and infrastructure to service developmenf beyond the limit of the Serviced Village designation as established on Schedules B-2, B-3, E-2, E-3, N-2, S-2, Z-2 and Z-3 shall be prohibited. Notwithstanding the above, the extension of centralized waste water er water supply facilities and infrastructure to existing developmenf. where no services e may be permitted upon receipt of a written request to the County-Puþ[Q Works Dgpq.ftment, provided that all of the following criteria are satisfied: . The existing developmenf is within the immediate vicinity of the limit of the Serviced Village designation; o The existing developmenf is within the municipal boundaries of the County of Oxford; Growth Management Policies 4.2 Policies Ghapter 4 Page 4.2-17 Correspondence from County of Oxford regarding "Application for Official Plan Amendment. File: D08 Page 64 of 171 Amendment No. ¿19 Amendment No.49 Amendment No.62 Amendment No.49 APPROVAL Amendment No. ¡19 County of Oxford Official Plan o The extension of services is required for existing developmenf only and that no additions or intensification of ex¡sting uses are proposed with the exception of limited infilling wjthin deqignated settlements in accordance with the policies of this Plan; . The existing developmenf is experiencing a water quant¡ty or quality problem that has been verified by the Oxford County Board of Health and the Board agrees that the extension of municipql water services þare required to remediate the problem; . The existing developmenf is no longer able to access existing communal water facilities and the Class Environmental Assessment process has indicated that the extension of municipal water services is the preferred servicing alternative; . The owners of the existing developmenf have agreed to pay connection fees based on the County's cost recovery policy. Each request for an extension of services shall be subject to County Council approval, consideration of which will be b?s.ed on a report and recommendati.on. io+of the County Public Works Department. in consultation. with the Poard 9f Health. the Communitv and Strategic Planning Office and the affected Area Municioalities. Such recommendation shall be made on the basis of assessing the criteria listed above and with reference to the servicing hierarchy contained in Section 5.5.3 of this Plan and in consideration of comments from the circulated agencies. The Public Works report shall include:. mapping to show the geographic extent of the servicing oroject:. rationale for the extension:. inform-ation relatinq to the liming. cost and proc,gss of the e_xle,nsion;. information pertainino to implications for qçrvicing c?pacity: e comments from circulated agencies: ' a recommendation to Council. Upon approval. mapping showing the extent of the servicing shall be incorporated in appendix 5. Location of Water Services. to the Countv of Oxford Official Plan. Growth Management Policies 4.2 Policies Chapter 4 Page 4.2-18 Correspondence from County of Oxford regarding "Application for Official Plan Amendment. File: D08 Page 65 of 171 WRITTEN REOUEST County of Oxford Official Plan 4.2.2.4.2 Connection to Services Within the County Boundarv to service developmenf beyond the limit of the Serviced Village designation as established on Schedules B-2. B-3. E-2. E-3. N-2. S-2. Z-2 and Z-3 shall be prohibited. Notwithstandinq the above. where rnfrasfrucfure exists in the immediate vicinitv. a prooerty may be permitted to connect to such rnfrasfrucfure upon the approval of a written request to the County Public Works Department. provided that all of the following criteria are satisfied: . The existing developmenf is within the immediate vicinity of existing rnfrasfrucfure as shown on maoping provided in Aopendix 5. Location of Water Services. County of Oxford: . The connection to services is required for existinq developmenf settlement area in accordance with the policies of this Plan: . The existing developmenf is experiencing a water quantitv or quality problem that has been verified by the Oxford County Board water supply facilities and relaled infrastructure is required to remediate the oroblem: or . The existing develoomenf is no longer able to access existing communal water facilities and the assessment made by. the Director of Public Works has determined that the conneclion to a oreferred qervici n g alternative: . The owners. gf the existing developmenf have aoreed to pav connection fges based on the County's cost recovery oolicy. Amendment No.62 Añendment No.19 Amendment No, 131 Amêndment No.49 Amendment No.49, Amendnent Ng. ¿f9 Amendment No.49 Amendment No.62 Amendment NaJÉ! Growth Management Policies 4.2 Policies Ghapter 4 Page 4.2-19 Correspondence from County of Oxford regarding "Application for Official Plan Amendment. File: D08 Page 66 of 171 APPROVAL Amendment No.49 Amendment No.62 Amendment No, 131 Amendment No.62 Amendment No.62 Amendment No.62 Amendment No.62 Gounty of Oxford Official Plan by the Director of the County Public Works Deoartment. Aoproval this Plan. The County Public Works Department in consultation with the Board of Health will formulate a prooosal to connect to the centratized water suppty facility. The Area Municipality(s\ will be to reflect the new connection. 4.2.2.4.3 Extension of Services Outside the County Boundary The extension of centralized waste water or water supply facilities and infrastructure to service developmenf beyond the limit of the Serviced Village designation as established on Schedules B-2, B'3, E-2, E 3, N-2, S-2, Z-2 and Z-3 shall be prohibited. Notwithstanding the above, the extension of centralized water supply or wastewater facilities and infrastructure to existing developmenf from the Serviced Village of Tavistock to the Hamlet of Sebastopol may be permitted upon receipt of a written request from the Township of Perth East, provided that all of the following criteria are satisfied: . The existing developmenf is within the Hamlet of Sebastopol as defined by the County of Perth Offìcial Plan as of August 1,2002; o The extension of services is required for existing developmenf only and that no addition to the Hamlet designation or intensification oÍ existing uses wíthin the Hamlet designation are proposed with the exception of limited infilling in accordance with the policies of the County of Perth Official Plan; . The existing developmenf is experiencing a water quantity or water quality problem that has been verified by the local health unit and the health unit agrees that the extension of services are required to remediate the problem; or o The existing developmenf is no longer able to access existing communal water facilities and the Class Environmental Assessment process has indicated that the extension of municipal services is the preferred servicing alternative; . The owners of the existing developmenf have agreed to pay connection fees based on the County of Oxford's cost recovery policy. Growth Management Policies 4.2 Policies Chapter 4 Page 4.2-20 Correspondence from County of Oxford regarding "Application for Official Plan Amendment. File: D08 Page 67 of 171 Amendment No.49 EXCEPTIONS Amendment No.49 Amendment No. 49 Amendment No. 49 Amendment No. 49 County of Oxford Official Plan . where private wells are proposed, applicants may be required to provide acceptable evidence that the site can provide a natural water supply which meets the health parameters of the Ontario Drinking Water Standards to the satisfaction of the County and the Board of Health, without adversely affecting the quantity and quality of water in active wells operating in the general vicinity. Prior to development approval, it shalf be demonstrated by the applicant that the site can support a supply of water of sufficient quantity without adversely affecting nearby water wells. Proposed uses that trigger the requirements of Section 34 of the Ontario Water Resources Act are required to.obtain a Permit to Take Water from the Province; . the proposal complies with the policies of Section 3'2, Environmental Resource Policies, of this Plan. 4.2.2.5.1 Extension of Services Within the County Boundary The extension of centralized waste water or water supply facilities and infrastructure to service developmenf beyond the limit of the Large Urban Centre or Future Urban Growth designations as established on Schedules W-1, l-1, T-1 and Schedule C-3, Settlement Strategy Plan, shall be prohibited. The extension of municipal services beyond the Large Urban Centre designation into the Future Urban Growth designation will be guided by the policies of section 4.2.2.6. Notwithstanding the above, the extension of ffi and/or-water supply facilities and ínfrastructure to existing developmenf where no services exist may be permitted upon receipt of a written request to the County Publl , provided that all of the following criteria are satisfied: . The existing developmenf is within the immediate vicinity of the limit of the Large Urban Centre or Future Urban Growth designation; . The existing developmenf is within the municipal boundaries of the County of Oxford; o The extension of services is required for existing development only and that no additions or intensification of existing uses are proposed with the exception of limited infilling within designated settlements or the Future Urban Growth area in accordance with the policies of this Plan; Growth Management Policies 4.2 Policies Chapter 4 Page 4.2-24 Correspondence from County of Oxford regarding "Application for Official Plan Amendment. File: D08 Page 68 of 171 Amendment No. 49 Amendment No.62 Amendment No,49 APPROVAL Amendment No, ¡19 Amendment No. 49 County of Oxford Official Plan o The exist¡ng developmenf is experiencing a water quantity or quality problem that has been verified by the Oxford County Board of Health and the Board agrees that the extension of municipal-Water services js .are required to remediate the problem; . The existing development is no longer able to access existing communal water facilities and the Class Environmental Assessment process has indicated that the extension of centralized waste water.and water supply facilities is the preferred servicing alternative; . The owners of the existing developmenf have agreed to pay connection fees based on the County's cost recovery policy. Each request for an extension of services shall be subject to County Council approval, consideration of which will be made based on a reoort and upe+-a-written recommendation of the County Public Works Department. in consultation with the Board of Health. the Community and Strategic Planning Office and the affected Area Municipalities. Such recommendation shall be made on the basis of assessing the criteria listed above and with reference to the servicing hierarchy contained in Section 5.5.3 of this Plan and in consideration of comments from circulated agencies. The Public Works repo.ft shall include:. mapoinq to show the.geoqraphic extent of the servicing proiect: . rationale for the extension:. information relating to the timing, cost and process of the extension:. information oertaining to implications for servicing capacity: . comments from circulat"ed agenciqs:. a recommendation to Council. Upon ap.pfoval, maoojng showinq. the extgnt of the serviqinq, shall be of Oxford Official Plan. 4.2.2.5.2 Connection to Services Within the County Boundary Future Urban Growth desiqnations as established on Schedules W-1. l-1. T-1 and Schedule C-3. Settlement Strategy Plan. shall be orohibited. Growth Management Policies 4.2 Policies Chapter 4 Page 4.2-25 Correspondence from County of Oxford regarding "Application for Official Plan Amendment. File: D08 Page 69 of 171 Amendment No. 49 Anend¡nenillo-49 Amendment No. 49 Amendment No. 49 Amendment No. 49 Amendmênt No.62 AmendmenLNoJ9 APPROVAL 4.m.9¡dment.l{.e,.19 Gounty of Oxford Official Plan developmenf may be permitted to connect to such rnfrasfrucfure upon the approval of a written request to the County Public Works . The existing developmenf is within the immediate vicinity of the limit of existing rnfrasfrucfure as shown on mapping provided in Aooendix 5, Location of Water Services. . The existinq develoomenf is within the municipal boundaries of the County of Oxford.: . The connection to services is required for existing developmenf settlement area or the Future Urban Growth area in accordance with the policies of this Plan: . The existing develoomenf is experiencing a water quantity or quality oroblem that has been verified by the Oxford County Board of Health and the Board agrees that the connection to centralized water supply facilities and relaled infrastructure is required to remediate the problem: . The existing development is no longer able to access existing communal wafer facíftles and the assessment by the Director of Public Works has indicated that the connection to cenfralÞed seryicing alternative: . The owners of the existing developmenf have agreed to pay connection fees based on the Countv's cost recovery policy. by the Director of the County Public Works Deoartmqnt. Approval this Plan, T,h.e .Çountv Publiç.Works Department in cqnsultatiqn, with the Board of . Health willLermulate a proppsAl to cqnnect to.. Íhe centralized water supply facility. The Area MunicipalitY(sl will be to reflect the new connection. Growth Management Policies 4.2 Policies Ghapter 4 Page 4.2-26 Correspondence from County of Oxford regarding "Application for Official Plan Amendment. File: D08 Page 70 of 171 PLAN FOR SERV CES County of Oxford Official Plan 5.5 Countv Servicinq Policv 5.5.1 Strateoic Approach It is the strategic aim of County Council to: Prepare water supply and waste water master plans to service anticipated growth in a cost effective manner and to identify and establish priorities for new services or expansions to existing services to provide developmenf opportunities in each Area Municipality. Adopt a hierarchy of preferred servicing options as a guide for managing growth in settlemenfs based on environmental, technical and financialfactors. Develop a monitoring program for the calculation, reporting and allocation of uncommitted reserve capacity for sewage and water facilities in the County to ensure the efficient use of existing servicing infrastructure. 5.5.2 Waste Water and Water Supplv Master Plans County Council will complete and maintain wastewater treatment and water supply master plans to provide for the servicing requirements of settlements. The waste water treatment master plan prepared by the County will address the following: . €Vâluation of existing waste water treatment infrastructure capacity and condition; . identification of management options available for wastewater treatment and the disposal of biosolids; . priority setting and financing of waste water treatment infrastructure improvements required to meet environmental objectives and accommodate population and employment growth as projected by this Plan. SERVICING HIER.ARCHY MONITORING OF SERVICING CAPACITY SERVICING MASTER PLAN WASTE WATER TREATMENT Functional Support Elements 5.5 County Servicing Policy Ghapter 5 Page 5.5-l Correspondence from County of Oxford regarding "Application for Official Plan Amendment. File: D08 Page 71 of 171 WATER SUPPLY MASTER PLAN UPDATES County of Oxford Official Plan The water supply master plan prepared by the County will address the following: . identification of means to conserve water and to reduce requirements for additional water supply; . êVâluation of the existing water supply infrastructure capacity and condition; . coñsideration of the quantity and quality of ground water resources; and . identification, costing, priority setting and financing of major water supply infrastructure improvements required to accommodate population and employment growth as projected by this Plan. County water supply and waste water treatment master plans undertaken in accordance with the Class Environmental Assessment requirements may result in the need to amend the policies of this Plan. Such amendments will be undertaken in conjunction with the Class Environmental Assessment process for the master plans. ns The County Growth Strategy as outlined in Section 4.2.2 and depicted on Schedule C-3 was developed having regard to existing servicing levels, the feasibility of expansions to existing systems and the potential for cost effective servicing level upgrades given growth pressures and physical or environmental constraints. The County Growth Strategy is premised upon the following hierarchy of servicing options. New developmenf will be evaluated according to the following hierarchy of servicing options: . extensions of servicing from a centralized water supply and waste water treatment facility consistent with Sections 4.2.2.4, 4.2.2.5, 4.2.2.6 and 4.2.2.7 as applicable; o individual septic systems and private wells; o extension of servicing from an existing centralized water supply sysfem consistent with Section 4.2.2.3. SERVICING HIERARCHY Functional Support Elements 5.5 Gounty Servicing Policy Chapter 5 Page 5.5-2 Correspondence from County of Oxford regarding "Application for Official Plan Amendment. File: D08 Page 72 of 171 SERV/C'A/G HIERARCHY FOR EXTEIVS/ON OF SERYTCES TO EXIST/NG DEVELOPMENT County of Oxford Official Plan Requests for the extension of servicing beyond the designated limits of Villages, Serviced Villages, Large Urban Centres and the Future Urban Growth designation will be permitted, without the need for an amendment to the Plan, for existing developmenf subject to the policies set out in Sections 4.2.2.3,4.2.2.4 and 4.2.2.5, as applicable. These policies only apply to extensions of centralized waste water and water supply facilities. The extension of communal wasfe water or water supply facilities beyond the designated limits of Villages or Serviced Villages is prohibited. Maopinq showing the extent of water servicinq is shown in Aopendix 5. Location gf Water Serviceg. The County of Oxford will own and be responsible for the planning and design of all centralized water supply and waste water treatment sysfems. The County shall be responsible for the construction, operation and maintenance of all centralized water supply and waste water treatment systems and it may contract operation and maintenance functions to the Area Municipality or to a public or private operating authority. Development on centralized water supply and waste water treatment facilities will be in accordance with the following policies: New developmenf shall be directed to areas that allow for extensions to existing water, sanitary sewerage and storm water systems in an economic and practical manner within the financial capabilities of the County or Area Municipality. New development will generally be approved and permitted in stages of orderly progression from the termination of existing services. Growth-related capital works for non- local services may be financed through development charges. Sanitary and storm sewers will be sized or over-sized according to the level oÍ development anticipated by the County and Area Municipality relative to the service area. Combined sanitary and storm sewers will not be permitted in any new development area. The nature or concentrations of waste water from non-residential sources shall be regulated by the County Sewer Use By-Law. The design of sanitary sewers should avoid the need for sewage pumping stations wherever possible. CENTR.ALIZED FACILITIES LOGICAL EXTE /S/O^/S FUTURE DEVELOPMENT CAPABILITY RESIR'CI'OA/S SYSIEM DES/GN Functional Support Elements 5.5 County Servicing Policy Chapter 5 Page 5.5-3 Correspondence from County of Oxford regarding "Application for Official Plan Amendment. File: D08 Page 73 of 171 PRIVATE SERVIGES FOR NON- RESIDENTIAL DEVELOPMENT PRIVATE SERVICES FOR RESIDENTIAL DEVELOPMENT County of Oxford Official Plan Prior to the approval of any developmenf application for a non- residential developmenf generating effluent in quantities greater than 10,000 litres per day, that proposes the use of individual septic systems and/or wells, hydrogeological studies prepared in accordance with Provincial and County criteria will be required. These studies will demonstrate that site conditions are suitable for the long{erm provision of such services. Development of more than five (5) lots or residential units shall not be permitted to be serviced by individual on-site sewage and water services. Developmenf of more than five (5) lots or residential units may be permitted to be serviced by individual on-site sewage services and centralized water supply facilities, only where such development would constitute minor infilling or rounding out of existing developmenf within an existing designated settlement The approval of such developmenf would be subject to confìrmation of sufficient reserve capacity and review and approval of hydrogeological studies prepared in accordance with Provincial and County criteria, demonstrating that site conditions are suitable for the long-term operation of individual on-site sewage services. 5.5.4 Monitorinq of Seruicinq Capacitv To ensure that development approvals are consistent with total system capacities and to provide sufficient lead time for the planning, design, approval, financing and construction of new facilities, new developmenf on centralized water and/or wastewater facilitíes will only be considered where there is adequate uncommitted reserve capacity and acceptable plant performance for both the sewage treatment and water supply systems. The County in consultation with the Area Municipalities will maintain on-going monitoring of the uncommitted reserye capacity of the centralized wastewater treatment and water supply sysfems in the County in accordance with County criteria. Functional Support Elements 5.5 County Servicing Policy Chapter 5 Page 5.5-4 Correspondence from County of Oxford regarding "Application for Official Plan Amendment. File: D08 Page 74 of 171 6l- CORPORATION OF THE MUNICIPALITY OF BAYHAM STAFF REPORT TO: Mayor and Members of Council DATE: l;Nf.ay 14,2010 FROM: Planning Coordinator/Deputy Clerk FILE: D14.MOOR SUBJECT: Moore Rezoning - Draft By-law 2579-2010 NUMBER: D2010-13 Public Meeting May 20110 at 7:30pm Purpose To consider arezoring application for property in Eden. Background The municipality has received arezoring application from the Estate of George Stanley Moore for consideration to rezone a2790 r* 1O.l acre) parcel located at the east end of Gray Street, located in Concession 8 in Part I-ot23. The subject land is designated "Hamlets" in the Ofhcial Plan and zoned Hamlet Residential (HR) in theZonngBy-law 2456-2003. Purpose and Effect The purpose of this amendment is to change the zoning on a parcel of land from the Hamlet Residential (HR) Zone to the site-specific Hamlet Residential tHR-5(h)l ZoneintheZonrngBy-law. The effect of this amendment will be to accommodate the development of a residential lot with 0.0 metres frontage on an open public road, whereby access to the subject lands will be provided by a legal easernent over lands owned bythe Municipality of Bayham and the Town of Tillsonburg (Otter Valley Utility Corridor). The holding (h) provision will be added to limit development of the subject lands until such time as alegal easement is registered for vehicular access and a development agreement is executed for the construction and installation of a driveway and municipal services. Staff & Planner Comments Staffand the planner support the rezoning. It is recoÍrmended that a Holding provision be placed on the property. Prior to construction, the owner will be required to apply to remove the Holding provision subject to the easement and development agreements being registered on title. Given that an unregistered easement across the former railway line existed under the Railway Act, the owner's request for a formal registered easernent for legal access can be supported. The owner is currently in the process of obtaining the survey and when complete, a report will be presented to Council. At the time of writing this report, no written comments from the public have been received regarding this application. Affachments 1. RezoningApplication 2. IBI Memo dated January 20,2010 3. DraftZoning By-law 2579-2010 Staff Report D2010-13 regarding Moore Rezoning - Draft By- law Z579-2010. File: D14 Page 75 of 171 Staff Report D2010-13 Moore Strategic Plan Goal(s) Goal#2 Ensure reliable, well-maintained and secure infrastructure. Goal # 6 Provide and encourage attractive lifestyle choices. RECOMMENDATION Page2 "TIIAT Staff Report D2010-13 regarding the Estate of George Stanley Moore rezoning be received; AI\D TIIAT the zoning of those lands located in Concession 8 Part Lot23, be changed from Ilamlet Residential (IIR) to site-specific lfamlet Residential - Ilolding [HR-5 (h)l Zone; AND TIIAT T.onrngBy-law 2579-2010 be presented for enactment." nderhill, Planning Coordinator Staff Report D2010-13 regarding Moore Rezoning - Draft By- law Z579-2010. File: D14 Page 76 of 171 MUNICIPALITY OF' BAYHAM P.O. Box 160 Straffordville, Ontario NOJ 1YO Phone (519) 866-5521Fax (519) 866-3884 APPLICATION FORAMENDMENT TO THE ZONING BY.LAW OF THE MUNICIPALITY OF BAYHAM This application must be filed with the Planning Coordinator/ Deputy Clerk or designate of the Municipality of Bayham along with a cheque for the required amount The applicant should retain one copy for their records. The information in this form must be completed in fult. This mandatory information must be provided with a fee of $f¡!@ (ZoningBy-law Amendment or Temporary Use Zoning Bylaw) o, Ífru (Temporary Use Zoning By-law Renewal) or ïfru(ZoningAmendment to Remove Holding Provision). If the application is not completed in full, the application will be returned. I/WE,Estate of Georse Stanlev Moore shall assume responsibility for any additional costs exceeding the deposited amount related to the said application and understand and agree that for payment of said additional costs shall be a condition of this signed application. I also agree to accept all costs as rendered. Property Owner Property Owner F"OR OF'FICE USE ONLY ri" ¡n i- ; i r'i-i!,dt t'L: i l.i i:i ' 'íÞ ?.:iì\ üÊ:üi52ûûl Éël lrT lJ ff ! û | I;i t ïii' l,t i: l1,,ìYlí,4 íi,Ì DATE RECEIVED: Dæ-tt/o,? AMOT]NT RECETVED: Rr**oaAs ß FILE NO:DATE ADOPTED BY CO{JNCIL: :5 Prepared April 2007 Staff Report D2010-13 regarding Moore Rezoning - Draft By- law Z579-2010. File: D14 Page 77 of 171 Municipality of Bayham Zoning ByJaw Amendment Application 1. Registered Owner's Name: George Stanley Moore (Estate of) Address: c/o Barbara Balthes. 55501 Arthur Street. Straffordville. ON NOJ lYo Page2 Phone No. (Home): 519-866-5203 Business: Fax:Email: Lot and Concession (if applicable): 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. 2. Applicant / Authorized Agent: David Roe Address: 599 Larch Street. Delhi. ON N4B 347 TelephoneNo.: 5I9-582-II74 Fax: 519-582-4616 Please specify to whom all communications should be sent: RegisteredOwner ( ) Applicant/AuthorizedAgent (x ) 3. Legal Description of the land for which the amendment is requested: Concession: 8 Lot: 23 Reference Plan No:Part Lot: Street and Municipal Address No.: Gray Street - Roll#34-01-000-006-24801-0000 What is the size of property which Ís subject to this Application? 0.69ac Frontage:4rl Depth: When were the subject lands acquired by the current owner? 4. Existing Official Plan Designation: Hamlet - Eden How does the application conform to the Official Plan? Residential use permitted is permitted within this designation. 23tft Staff Report D2010-13 regarding Moore Rezoning - Draft By- law Z579-2010. File: D14 Page 78 of 171 Municipality of Bayham Zoning By-law Amendment Application 5. Existing ZoningByJaw Classification: Hamlet Residential (HR) zone What are the current uses of the subject lands? Vacant - a house was removed from this property Page 3 If known, provide the length of time these uses have continued on this property. If there are any existing buildings or structures on the subject lands provide the following information: Type Front Lot Side Lot Line Rear Lot Line Height Dimensions Line Setback Setbacks Setback If known, provide the dates in which each of these buildings were constructed. 6. What is the Nature and Extent of the Rezoning? Request relief from lot frontage requirement of the zoning bylaw and request for easement for a drivewav across the former railway (tracks) to nrovide access to propertv. There is existing access across the former railway property as shown on a Railway PIan from 1913 The right of way was not registered on title to our property therefore a registered easement is preferred. 7. Why is the rezoning being requested? To comply with the zoning provisions with respect to lot frontage Staff Report D2010-13 regarding Moore Rezoning - Draft By- law Z579-2010. File: D14 Page 79 of 171 Municipalþ of Bayham ZoningBy-law Amendment Application Page 4 8. Does the proposed ZoningBylaw amendment implement a growth boundary No adjustment of a settlement area? If so, attach separately justifrcation or information for the request based on the cu¡rent Official Plan policies or associated Official Plan amendment. 9. Does the proposed amendment remove land from an area of employment?No If so, attach separately justification or information for the request based on the current Official Plan policies or associated Official Plan amendment. 10. Description of proposed development for which this amendment is requested (i.e. permitted uses' buildings or structures to be erected. (Be Specific) To permit construction of new dwelline on Droperty in future New dwellins must comnlv with all provisions of the zonins bv-law For any proposed buildings or structures on the subject lands provide the following information: Type Front Lot Side Lot Line Rear Lot Line Height Dimensions Line Setback Setbacks Setback 11. Services existing or proposed for the subject lands: Please indicate with a y' 'Water Supply Existing Proposed Municipal Piped Water Supply ( ) ( ) Private Drilled Well ( ) (/) PrivateDugWell ( ) ( ) CommunalV/ell ( ) ( ) Lake or other Surface Water Body ( ) ( ) Staff Report D2010-13 regarding Moore Rezoning - Draft By- law Z579-2010. File: D14 Page 80 of 171 Municipalþ of Bayham Zoning By-law Amendment Application Other ()() Page 5 Sewage Disposal Municipal Sanitary Sewers Individual Septic System Communal System Privy Other ()() ()() Existing () () () Proposed (VJ () () Note: If the proposed development is on a private or communal system and generate more than 4500 litres of eflluent per da¡ the applicant must include a servicing options report and a hydrogeological report. Are these reports att¿ched? If not, where can they be found? Storm Drainage Provisions: Existing drainage Proposed Outlet: 12. How will the property be accessed? Provincial Highway ( ) County Road ( ) Municipal Road - maintained all year ( ) MunicipalRoad-seasonallymaintained( ) Right-of-way( x) Water( ) If access is by water, do the parking and docking facilities exis! and what is the nearest public road? Staff Report D2010-13 regarding Moore Rezoning - Draft By- law Z579-2010. File: D14 Page 81 of 171 Municipality of Bayham ZoningBy-law Amendment Application 13. IIas the subject land ever been the subject ofan application under the Planning Äct for: Plan of Subdivision ( ) Consent ( ) Zoning By-law Amendment ( ) Ministers Zoning Order ( ) If yes to any of the above, indicate the file number and status of the application. Page 6 14. How is the proposed amendment consistent with the Provincial Policy Statement 2005? Yes 15. Äre the subject lands within area designated under any Provincial Plan(s)? If úhe answer is yes, does the proposed amendment conform to the Provincial Plan(s)? 17. The Owner is required to attach the following information with the application and it wilt form part of the application. Applications will not be accepted without the following. (a) A sketch based on an Ontario Land Surveyor description of the subject lands showing . the boundaries and dimension of the subject lands; . the location, size and type of all existing and proposed buildings and structures, indicating ttreir setbacks from all lot lines, the location of driveways, parking or loading spaces, landscaping areas, planting strips, and other uses; . the approximate location of all natural and artificial features (buildings, railways, roads, Staff Report D2010-13 regarding Moore Rezoning - Draft By- law Z579-2010. File: D14 Page 82 of 171 Municipal ity of Bayh am Zoning By-law Am endment App lication PageT watercourses, drainage ditches, banks of rivers or streams, wetlands, wooded areas, wells and septic tanks) that are on the subject lands, adjacent to the subject lands, or in the opinion of the applicant may affect the application; . the current uses of the land that is adjacent to the subject land; . the location, width, and name of any roads within or abutting the subject land, indicating where it is an unopened road allowance, a public traveled road, a private road, or a right-of- \¡/ay; . the location of the parking and docking facilities to be used (if access will be by water only); . the location and nature of any easement affecting the subject land. (b) Written comments from the Elgin St. Thomas Health Unit, Long Point Region Conservation Authority and Ministry of Transportation (if applicable). (c) If a private se\ryage system is necessary, pre-consultation 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 authorization must accompany the application. If the applicant is a corporation acting without an agent or solicitor the application must be signed by an officer of the corporation and the seal if any must be affixed. 19. Additional Information as required by Council 20. If this application is to accommodate the consent of a surplus farm dwelling, please provide the following information: Date surplus farm dwelling was erected: Please provide the assessment roll number, location, and zoning of the farm parcel with which the subject lands is being consolidated. Staff Report D2010-13 regarding Moore Rezoning - Draft By- law Z579-2010. File: D14 Page 83 of 171 Municipality of Bayham ZoningBy-law Amendment Application I / We, David Roe , of the Narne , in the county of Norfolk Municipaliy Name that I am the Agent acting for the Owner Page 8 1'osrr/f orvnship/C i!'/V illage etc. , do solemnly declare:of (r) Cìountv Narue (ii)that to the best of my / our knowledge and belief, all of the information and statements given in this application and in all exhibits transmitted are true. that I /we hereby appoint to act as an Agent on my/our behalf in all aspects of this application. And I / We make this solemn declaration conscientiously believing it to be true, ¡nd knowing that it is of the same force and effect as if made under oath, and by virtue of the "Canada Evídence Act". DECLARED BEFORE ME at the: Owner / Agent (iir) Staff Report D2010-13 regarding Moore Rezoning - Draft By- law Z579-2010. File: D14 Page 84 of 171 AUTHORIZATION To: Municipality of Bayham Description and Location of Subject Lands: Concession I oart Lot 23 Bavham lM/e, the undersigned, being the registered ownerþ) of the above lands hereby authorize: David Roe of Norfolk County to act as Agent on behalf of the Estate of George Stanley Moore (1) make an application on my behalf to the municipality (2) appear on my behalf at any hearing(s) of the application; and (3) provide any information or material required by municipality relevant to the application. Please Print Names in Block Letters Below Signatures Dated at the this ¿6F dayof Ð&, Signature of Witness P.a.4 . Signature of Owner Signature of Owner Signature of Owner Signature of \Mtness Signature of Witness Staff Report D2010-13 regarding Moore Rezoning - Draft By- law Z579-2010. File: D14 Page 85 of 171 Staff Report D2010-13 regarding Moore Rezoning - Draft By- law Z579-2010. File: D14 Page 86 of 171 . ,.'rrr.p¡2:PAßß ;iÊd 81fi Ër$ ô0, ¿1, 00 ¿o - OID'T' O l ?5.tã frc. úr-Orl -LçãÉ rl :Fl-úl $sIv Subj ect Land"\\ llß-t'l8/o fts koS --- ût\9b1> Staff Report D2010-13 regarding Moore Rezoning - Draft By- law Z579-2010. File: D14 Page 87 of 171 Memorandum lBl Group 203-350 Oxford Street West London ON N6H 1T3 Canada tel 5194727328 fax 5'194729354 To/Attention From cc Subject Municipality of Bayham Derek Dudek, MCIP, RPP Date January20,2010 Project No 3/,04470 Steno dd Estate of George Stanley Moore - Application for Rezoning - Part Lot 23, Concession 8, Hamlet of Eden (Gray St) 1.We have completed our review of the application to amend Zoning By-law No. 245È2003 of the Municipality of Bayham, submitted on behalf of the Estate of George Stanley Moor in support of their proposal to rezone an existing landlocked 2790 m2 (0.69 acres) portion of land south of Eden Line and east of Gray Street, in the Hamlet of Eden. The subject lands are designated 'Hamlets' in the Offìcial'Plan, and zoned Hamlet Residential (HR) in Zoning By-law No. 245G2003. The subject lands are a triangular shaped parcel of land that is bordered on the west side by the Otter Valley Utility Corridor (former railway), which separates the lands from the nearby open municipal road (Gray Street). The corridor is jointly owned by the Municipality of Bayham and the Town of Tillsonburg and is used for overhead power lines. The subject lands are currently vacant, but previously housed a dwelling which was accessed through a legal access under the Railway Act. Surrounding land uses consist of residential lots within the hamlet to the east, west, and north, and open agricultural fields to the south outside of the hamlet boundary. The subject lands include mature trees and hedgerows on all sides. The applicants are seeking rezoning to legalize the rightof-way that previously exísted under the Railway Act, but was never placed on the title of the lands. The requested rezoning is to permit a lot with zero (0.0) mehes lot frontage, where 20.0 metres is required. Requirements for lot frontage in the HR Zone are intended to provide for suitably sized and shaped residential lots to accommodate both vehicular access and typical dwelling building footprints. ln addition, they should provide suitable distances for emergency access and street visibility. 2. lBl Group is a group of firms prov¡ding professional services and is aff¡liated with lBl Group Architects Staff Report D2010-13 regarding Moore Rezoning - Draft By- law Z579-2010. File: D14 Page 88 of 171 5. lBl Group Memorandum Municipality of Bayham - January 20,2010 4. Section 4.18 of the Zoning ByJaw states that "except as hereinafter prov¡ded in this ByJaw, no peìson shall erect a building....and no person shall use any land....untess the lot or parcel ...abuts or fronts on a publíc sfreef or public road, and is maintaÍned by such authoríty in such a manner so as to permít its use by vehícular traffic." As such, an amendment is required to permit a minimum lot frontage of 0.0 metres, should these lands ever be used or developed. Our analysis of the situation is as follows: o The subject lands have been in existence since the 1870's and have had legal access under the Railway Act likely since this time, and as indicated by the Plan provided from 1913. In addition, they have housed a dwelling in the past. Provided there are no documented incidents with respect to the access of these lands, we would ascertain that the lands could be used for similar purposes in the future. o The subject lands front onto a publicly owned parcel of land (utilíty corridor) which separates it from the opened public right+f-way (Gray Street). ln essence, it is blocked from public lands, by other public lands, which allows for issues related to legal access to be dealt with through the public realm, without the requirement of a private third party. . Gray Street provides nearby private driveway access and includes a large travelled area to accommodate adequate emergency, snow, and garbage vehicle turnaround. Based on our review of the Offìcial Plan and Zoning By-law we have no objection to the proposed amendment subject to the following: . That the Municipal road superintendent be satisfied with the adequacy of Gray Street to accommodate a driveway in its proposed location; . That the Municipality and the Town of Tillsonburg are satisfied with the legal easement in terms of its location, width, and conflict with other legal uses of the utility corridor. o That the applicants obtain a legal easement to the subject lands through the Elgin Land Division Committee prior to any rezoning. 6. Staff Report D2010-13 regarding Moore Rezoning - Draft By- law Z579-2010. File: D14 Page 89 of 171 lBl Group Memorandum Munic¡pal¡ty of Bayftam - January 20,2010 7. We would recommend an easement in favour of the subject lands that is located at a site deemed adequate to access Gray Street without the need for any improvements, and at a width of 20 metres to satisff the intent of the HR Zone. In no case, should the easement be less than 6 metres, which is considered a minimum suitable width to accommodate emergency vehicles onto the subject lands. 7¿t4 IBIGROUP Derek Dudek, MCIP, RPP Consulting Planner to the Municipality of Bayham J:\34ry1!470 f\roore\PTMmoore2o1 0{'l-20.dæU010{1 -22\DD Staff Report D2010-13 regarding Moore Rezoning - Draft By- law Z579-2010. File: D14 Page 90 of 171 TIIE CORPORATION OF THE MI]NICIPÂLMY OF BAYIIAM BY-LAW NO.7-579-2010 MOORE BEING A BY-LAW TO AMEND BY-LAW No.7A56-2003, AS AMENDEI) WHEREAS the Council of the Corporation of the Municipalþ of Bayham deems it necessary to amend Zonng By-law No. 7A5 6-2003, as amended; THEREFORE, the Council of the Corporation of the Municipality of Bayham enacts as follows: 1) THA.T By-law No. 7A56-2003, as amended, is hereby further amended by amending Schedule "D", Map No. 2, by deleting from the Hamlet Residential (Iß) Zone and adding to the site-specific Hamlet Residential (HR-5 þl) Zone, those lands which a¡e outlined in heavy solid lines and marked HR-5 þl on Schedule "¡r'to this By-law, which schedule is attached to and fonns part of this ByJaw. 2) THAT By-law No.7A56-2003, as amended, is hereby further amended by adding the following new subsection to section 12.4 - Exceptions - Hamlet Residential (IIR) Zone: *w. 12.4.5.L Defined Area IIR.-S (h) as shown on Schedule *4", Map No. 34 to this bylaw; 12.4.5.2 Minimum Lot Frontage 0.0 metres 12.4.5.3 Holdine Provisions The holding "h" provisionmaybe removed upon: a. Legal access to the lands through a registered easeme,nt on the abutting westerþ lands; and b. A development agreement withtheMunicipalityfortheprovisionof a suitable driveway location, and the provision of municipal services." 3) TmS ByJaw comes into force: a) Where no notice of objection has been fi.led with the Municipal Clerk within the time prescribed by the Planning Act and regulations pursuant thereto, upon the expiration of the prescribed time; or Staff Report D2010-13 regarding Moore Rezoning - Draft By- law Z579-2010. File: D14 Page 91 of 171 2'579-2010 Moore Page2 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 Onta¡io Municipal Board. READ A FIRST TIME TIIIS 20{'DAy OF May 2010. READ A SECOIYD TIME THIS 20ú' DAy OF May 2010. READ A TrrrRD TIME AÌID F'rNALLY PASSED THIS 20û DAy OF May 2010. MAYOR CLERI( Staff Report D2010-13 regarding Moore Rezoning - Draft By- law Z579-2010. File: D14 Page 92 of 171 This is Schedule "A" to By- ow No. 2579-2010, possed the 20ih doy of lr,loy 2010. MAYOR CLERK MUNICIPALITY OF BAYHAM SCHEDULE 'D' 150m 300m Lrr J Scole 1 : 7,500 'oE#fi'-l@l Staff Report D2010-13 regarding Moore Rezoning - Draft By- law Z579-2010. File: D14 Page 93 of 171 Page 94 of 171 1 THE CORPORATION OF THE MT]NICIPALITY OF BAYHAM STAFF REPORT TO: Mayor & Members of Council Date: May 20' 2010 FROM: Drainage Superintendent File: 809 Smith Drain Branch 7 SUBJECT: Smith Drain Branch No.7 Report: DR2010-008 Purpose: This report is to recommend the accçtance of the lowest complete tender bid for the provision of drainage works for the Smith Drain Branch No.7. Bacþround: On April l, 2010, final reading was given to Provisional By-Law #2010-011 that provided for the construction of the Smith Drain Branch No. 7 located in the Municipality of Bayham. The estimated total cost of construction was $42,200.00. Council also authorized staff to proceed with the construction tender process. Tender Forms were prepared by the Engineers, Spriet Associates. The Tender Invite Notice provided for a closing date of May 10,2010 at 12 noon. The following tenders were received by closing: l. VanBree Drainage & Bulldozing Ltd. (received Tender Form & certified cheque in the amount of $3,970.00 on May 10, 2010 at 10:40 am.) tender in the amount of $39'616.50 (including GST), to commence work on or before June 20, 2010 and complete by August 30, 2010; 2. A. G. Ilayter Contracting Ltd. (received Tender Form, & certified cheque in the amount of $3,940.00 on May 10, 2010 at lI:34 am.) tender in the amount of $391354.00 (including GST), to commence work on or before May l7 ,2010 and complete by June 30, 2010; Staff Comments: The engineer's estimated cost for the construction of the works as contained within the report is $42,200.00. Section 59 (l) of the Drainage Act states that where the contract price exceeds 133% of the engineer's estimate of the contract price, Council of the initiating municipality is required to call a meeting to deal with the necessary modifications. As the tendered amounts do not exceed l33yo, the contract can be awarded. Staff Report DR2010-008 regarding Smith Drain Branch No. 7. File: E09 Page 95 of 171 Staff Report DR20 I 0-004 13 May 2010 Recommendation: "TIIAT Staff Report DR2010-008 be received; AND THAT Council accept the tender for provision of drainage works set out in the Form of Tender for the Smith Drain Branch No. 7, as submitted by A.G. Ilayter Contracting Ltd, in the amount of $391354.00 (including GST), with work to commence on or before Js.[,ay 17, 2010 and to be fully completed on or before June 30, 2010; AND TIIAT By-law 2010-049 authorizing the execution of contract documents be presented to Council for enactment." Respectfully submitted Reviewed By Staff Report DR2010-008 regarding Smith Drain Branch No. 7. File: E09 Page 96 of 171 THE CORPORATION OF THE MUNICIPALITY OF BAYIIAM BY-LAW NO. 2010-049 BEING A BY-LAW TO AUTHORIZE THE MAYOR AND CLERK TO E)(ECUTE AN AGREEMENT WITII A.G. IIAYTER CONTRACTING LTD. FOR THE PROVISION OF DRAINAGE WORK^S FOR TITF', SMITH DRAIN BRANCII NO. 7 IN TIIE MT]NICIPALITY OF BAYIIAM PURSUANT TO PROVISIONS OF TIIE DRAINAGE ACT, CIIAPTER D.17, R.S.O. 1990 AS AMENDED. WIIEREAS the Council of the Municipality of Bayham dee,rns it expedient to authorize the Mayor and Clerk to enter into and execute a contract on behalf of the Municipality, for the provision of drainage works of the Smith Drain Branch No. 7 based on and in accordance with the terms and conditions of the tender accepted; AND WIIEREAS the Corporation of the Municþality of Bayham (the "Municipality') desires to enter into an agreement with A.G. Hayter Contracting Ltd. for construction of the Smith Drain Branch No. 7 in accordance with the Contract as prepared by Spriet Associates; THEREFORE the Council of the Corporation of the Municipality of Bayham enacts as follows: 1. TIIAT the Municþality ørter into and execute an Agreement with A.G. Hayter Contracting Ltd. for construction of the Smith Drain Branch No. 7 in accordance with the Contract attached hereto as Schedule"N'and forming part of this By- Law; 2. THAT the Mayor and the Clerk of the Municipality are hereby authorized and directed onbehalf ofthe Municþalityto execute all documents as maybe required to give effect to these presents. 3. TIIAT this by-law shall come into full force and effect upon final passing. READ A FIRST SECOND AND TIIIRD TIME AND FINALLY PASSED THIS 2OTH DAY oF MÄY 2010. Mayor Clerk Staff Report DR2010-008 regarding Smith Drain Branch No. 7. File: E09 Page 97 of 171 Page 98 of 171 CORPORATION OF THE MT]NICIPALITY OF BAYHAM STAFF REPORT TO: Mayor & Members of Council DATE: May20,2010 FROM: Gerry LeMay, Manager Public'Works FILE: -l..rq fo rso SUBJECT: Repairs to Carson Bridge Structure NUMBER: PW 2010-05 Purpose This report is to present recommendations from the Manager of Public Works regarding the tender from Carlington Construction Inc. of Stoney Creek regarding the repairs required to Carson Bridge within the Municipality of Bayham. Background Spriet Engineering Associates inspects the bridges within the Municipality every second year as outlined by the Province of Ontario. Council has shown a desire to rçair the bridges, which have a BSI (Bridge Specific Information) number to any bridge, which require work. The Carson Bridge has a BSI of 90, which is an indication work in required to bring the bridge back to an acceptable level. The work which will be carried out on the Carson Bridge is as follows: repairing delamination of the concrete deck, install end treatments, extend the drains to not allow water to fall onto the bridge structure, waterproof the deck and repair the expansion joints. We feel we repairs now will divert alarge expense in the not to distant future to rehabilitate this bridge. Staff Comments The Manager of Public Works indicates a preference to ensure the Carson Road Bridge is repaired allowing access along Carson Road in the future. During the construction, which should start June 14 through the end of July the road will be closed to allow for repairs to the bridge. Carlington Construction Inc. have placed a bid of $ 78,750 plus taxes to complete the project. Repairs to this bridge are under the lnfrastructure grants started in2009. Under Strategic Priorities Goal # 2 (Ensure reliable, well maintained and secure infrastructure) subsection 3 we have meet this parameter of the priorities with this By-Law ensure a standard system for the Municipal roadways. Attachments 1. Summation of Bid Results 2. Draft By-Law No. 2010 -048 To authorize the execution of an agreement with Carlington Construction of Stoney Creek Ontario to execute repairs to the Carson Road Bridge. Strategic Plan Goal(s) 1. Goal #2 - Ensure reliable, well maintained and secure infrastructure Recommendation THAT By-Law No. 2010-048 to authorize the execution of an agreement with Carlington Construction Inc of Stoney Creek Ontario to execute repairs to the Carson Road Bridge be presented to Council for enactment. Respectfu lly submitted, I Gerry Staff Report PW2010-05 regarding Repairs to Carson Bridge Structure. File: T04 Page 99 of 171 THE CORPORATION OF THE MT]NICIPALITY OF BAYHAM BY-LAW NO. 2010-048 A BY-LAW TO AUTHORIZE THE EXECUTION OF AN AGREEMENT BETWEEN THE MUNICIPALITY OF' BAYTIAM AND CLARINGTON CONSTRUCTION INC. X'OR CARSON ROAD BRIDGE REPAIRS WHEREAS the Municipality of Bayham issued a Request for Tenders to undertake repairs to the Carson Road Bridge. AND WIIEREAS Clarington Construction Inc. submiued its tender dated May 10, 2010 to undertake such works. AND WIIEREAS the Council of the Corporation of the Municipality of Bayham deems in necessary and expedient to accept the tender as submitted by Clarington Construction Inc. NO\il THEREFORE THE COI]NCIL OF THE CORPORATION OX'THE MU¡IICPALITY OF BAYTIAM ENACTS AS FOLLOWS: 1. THAT the Mayor and Clerk be and they are hereby authorized and directed to execute an Agreement between Clarington Construction Inc. and the Municipality of Bayham to complete the Carson Road Bridge repairs in accordance with the tender dated May 10, 2010, at a cost of $78,750 exclusive of taxes. 2. THAT this by-law shall come into full force and effect upon final passing. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 2OTH DAY OF MAY 2010. MAYOR CLERK Staff Report PW2010-05 regarding Repairs to Carson Bridge Structure. File: T04 Page 100 of 171 -t CORPORATION OF THE MUNICIPALITY OF BAYHAM STAFF REPORT TO: Mayor & Members of Council FROM: Administrator SUBJECT: Road Closure Application - Lots 10 and 11 DATE: }l4ay 17,2010 FILE: Concession 3 NUMBER: PR20l0-04 Purpose This report is to further consider closing and conveying a portion of the unopened road allowance between Lots 10 and 11 in Concession 3. 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 road allowance between Lots 10 and 11 in Concession 3. After consideration, Council adopted the following resolution: THAT staff be directed to initiate required procedures pursuant to the Municipal notice byJaw to close a portion of the unopened road allowance between Lots l0 and I I in Concession 3 provided the applicønts 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 discussed an appraisal with the applicant, and suggested a very recent appraisal of similar lands (an earlier road allowance closure) identifred a value of $3,500 per acre. It was generally agreed this would form a suitable basis for this conveyance, and avoid some additional expenses. A survey ofthe subject lands has also been acquired. Staff have also proceeded with advertisement in the local newspaper (Aylmer Express) on May 5, 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 May 20, 2010 meeting. Staff Comments In addition to the applicant, staff have also had some discussions with the second abutting property owner regarding to this closure. Mr. Chaleyssin has indicated that he would wish to acquire that portion of the road allowance that abuts his property, at the suggested cost of $3,500 per acre plus 50%o of the related survey work and involved legal fees. No other individuals have commented at the time of drafting this report. Since the subject unopened road allowance does lead to the Otter Creek, staff have made inquiries with Public Works and Govemment Services Canada regarding any required consent from the Government of Canada. This department has confirmed they have no objections to the closure. Other agencies that have provided comment offer no objections as well. At this meeting (May 20,2010), 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 PR2010-04 regarding Road Closure Application - Lots 10 and 11, Concession 3. File: T09 Page 101 of 171 2 After affording the opportunity for persons to address the matter, Council may determine if it wishes to proceed. Attachments l. Copy ofNotice of Road Closing 2. Draft By-law No. 2010-050, being a byJaw to stop up, close, and convey part of the road allowance between Lots l0 and I I in Concession 5 and Concession3. Strategic Plan Goal(s) Goal #1 - Practice responsible financial management Recommendation THAT ByJaw No. 2010-050, being a bylaw to stop up, close and convey part of the road allowance between Lots 10 and I I in Concession 3 be presented to Council for enactment. Submitted by, Staff Report PR2010-04 regarding Road Closure Application - Lots 10 and 11, Concession 3. File: T09 Page 102 of 171 TIIE CORPORATION OF THE MT]NICIPALITY OF BAYIIAM BY-LAW 2010-050 BErNG A BY-LAW TO STOP IIP, CLOSE AI\D COiYVEY PART OF' THE TJNOPENED ROAD ALLOWANCE BET\ilEEN LOTS 10 AND 11 CONCESSION 3, BEING PARTS l AND 2 PLAI\I 11R.9217. WHEREAS Section 1l of the Municipal Act, 2001, S.O. 2001, c.25 as amended provides that a lower tier mturicipality may pass by-laws respecting Highways, including parking and traffrc on highways; AND WHEREAS Section 8 of the said Municipal Act provides that a municipalþ has the capacity,rights, powers, and privileges of a natural person for the pulpose of exercising its authority under this or any other Act; AND \ilHEREAS Section 34 Q) of the said Mturicipal Act provides that a by-law permanently closing a highway shall not be passed without consent of the Government of Canada if the highway abuts on land, including land covered by water, owned bythe Crown in right of Canada; AND \ilHEREAS consent of the Government of Canada pursuant to Section 34 (2) of the Municipal Act,200l, S.O. 2001, c.25 has been received by letter dated February 22,2010; AND \ilIIEREAS notice of intent to pass this By-law has been published once in the Aylmer Express, a newspaper of general circulation to the area; A¡ID 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 ByJaw and who applied to be heard; AIYD 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 between Lots 10 and 1 I in Concession 5, designated as Pa¡ts I and2 on Plan llP.-9217, and to convey such parts to the adjoining land owners. TIIEREFORE TIIE COUNCIL OF THE CORPORATION OF TTM MUNICIPALITY OF BAYTIAM ENACTS AS FOLLOWS: 1. THAT upon and after the passing of this By-law those portions of the unopened road allowance described as Part of the road allowance between Lots l0 and 1l Concession 3 in the Municipalþ of Bayham, County of Elgin, (Geographic Township of Bayham), designated as Parts I and2 on Plan llR-92I7, be and are hereþ closed and stopped up. 2. THAT part of the said unopened road allowance described as Part of the road allowance between Lots 10 and l1 Concession 3, in the Municipality of Bayham, Coturty of Elgin, (Geographic Township of Bayham), designated as Parts I on Plan IIP.'9217 shall be conveyed to Underhill Farms Ltd for consideration in the amount of $9730 plus reimbursement of legal, advertising, survey, and appraisal costs. Staff Report PR2010-04 regarding Road Closure Application - Lots 10 and 11, Concession 3. File: T09 Page 103 of 171 3.THAT part of the said unopened road allowance described as Part of the road allowance between Lots l0 and 1l Concession 3, in the Municipality of Bayham, County of Elgin, (Geographic Township of Bayham), designated as Pan 2 on Plan llP.-9217 shall be conveyed to Jean Chaleyssin for consideration in the amount of $4445 plus reimbursement of legal, advertising, survey, and appraisal costs. TTIAT the Mayor and Cterk 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. THAT this byJaw shall be registered in the Land Regisûy Office for the Regisûry Division of Elgin, (No. 1l). READ A X'IRST, SECOND AND THIRD TIME AND FINALLY PASSED this 20th day of May,2010. MAYOR CLERK Staff Report PR2010-04 regarding Road Closure Application - Lots 10 and 11, Concession 3. File: T09 Page 104 of 171 From:0EYf,To:15198663884 05/11/2010 l5:23 *048 P.002/002 Þontario c t3 May 11,2010 Municipalityof Bayham 9344 Plank Road, PO Box 160 Staffordville, ON NOT lYO To Whom ltl"lay Concern: The Ontaio Early Years Centre would like to obtain park pømits to use geelr space in orderto b'ring our ûoe progtam "summerPark Program" inÍo the Sfraffordville CommunityPark again this summer. The program would run on Fridaymomings commencing July 9, 2010 until August 27,20L0 from 9:30-11:30 am (weather permitting). Webring our o\ilrl zupplies and do not require any spec'ial equipme,nt By bringing our progrm. 1s rhis public area agaiq we hope to increase exposure to the commrmity so that families can benefit from the prograrns that we offer. We cuffentty arerunning aprogram from StafforilvilloPublic School during the school months. If you have any questions or conc€ms, please contact me at (519) 637-9496, exL 242. Thank you in advance for yout assistance. Program Superrrisor, Ontario Early Years Centre Elgin-Middlesex-London Correspondence dated May 11, 2010 from Ontario Early Years Centre Elgin-Middlesex-London regarding "Summer Park Page 105 of 171 Page 106 of 171 3 CORPORATION OF THE MT]NICIPALITY OF BAYHAM STAFF REPORT TO:Mayor & Members of Council FROM: Bill ltuifton, Chief Building Official SUBJECT: Building Bylaw Amendment - Security Deposits DATE: }l4ay20,2010 FILE: P-10 NUMBER: P-2010-005 Purpose: This report is written to advise Council of an existing ongoing situation regarding building permits, inspections and occupancy of buildings, and to suggest a method to deter this situation. Backsround: What is of concem is that builders and specifically owner/builders who obtain building permits for their building construction projects are failing to obtain final inspections. This situation is not unique to Bayham, but is prevalent throughout the building industry. An example is a person obtains a permit to construct a new home for personal use. The building permit is obtained; the mandatory inspections are carried out up to and including occupancy. The Ontario Building Code allows occupancy of partially finished buildings provided certain elements are completed. The occupancy inspection is carried out with the usual list of items not completed, and the building is occupied. Time progresses and the person then sells the house without first obtaining a final inspection; the building is still incomplete and the permit is still open. The person purchasing the house hires a lawyer to ascertain clear title and relies on Title Insurance to cover any inconsistencies. The result is an incompleted building has changed ownership and still has outstanding Building Code items to be completed. The municipality has no chance prior to purchase to inform the purchasers of this situation since their lawyer only asks the municþality for a tax certificate and does not request any further information that we would share such as the zoning of the property, the fact that the building has not had a final inspection and a list of the outstanding items from the occupancy inspection that have not been completed. Staff Report P2010-005 regarding Building By-Law Amendment - Security Deposits. File: P10 Page 107 of 171 StaffReport P-2010-005 Staff Comments: What some other municipalities are doing and it appears to be quite successful in getting final inspections, is that they are requiring a security deposit, or a builders deposit at permit application that is fully refundable upon successful completion of the required final inspection. This deposit is substantial enough so that the permit holder will want their deposit back. The Town of St. Marys has a security deposit of SYo of the construction value up to a maximum of $1000.00. This is applied to all types of buildings. The Township of South-West Oxford has a Builders Deposit of $1500.00 which is applied to all new homes and to all Engineered Buildings. It is proposed to do something similar as described above by revising the Building By-Law to add a clause requiring a security deposit large enough to make it advantageous to obtain final inspections for the building projects in Bayham. It is suggested to make the deposit applicable to all new dwellingunits, all Engineered Buildings, and to all buildings with a construction value of $100,000.00 or greater. The suggested deposit would be $1500.00. Recommendation: 1. That staff report # P 2010-005 regarding a proposed building by-law revision be received. 2. AND TIIAT Council directs staff to amend the "Building By-Law" to make provisions for a Security Deposit. 3. AND TIIAT a draft by-law of the "Building By-Law" be prepared for enactment by Council. Respectfully submitted, Chief Buildin g OffÌcial Staff Report P2010-005 regarding Building By-Law Amendment - Security Deposits. File: P10 Page 108 of 171 2009j1.27 6.3 9050 MUNICIPALITY OF BAYHAM Accounts Payable Royal Bank Cheque Register - 05/06/201 0 05/06/2010 2:23PM 000011 929681 oNTARTO LTD reimburse credit 2OO9 VACANCY REBATE C4,12912010 I 1,487.27 008443 Cheque Amount - 1,487.27 OOOO42 ACU-TEC INSPECTION & SERVICE LTD 2010139 ANNUAL INSPECTION 04t1412010 I 1,048.69 008444 Cheque Amount - 1,048.69 000049 AMcTozoNEl spring mtg SPRING ZONE MEETING O4t3Ot2O1O I 150.00 008445 Cheque Amount - 150.00 001337 AROUND ABOUT BAYHAM ad - preparedness EMERGENCY PREPAREDNESS OS|OUAO1Ù I 3'|.50 008446 Cheque Amount -31.50 OOOO91 BARRYR.CARD 21201T33 LEGALSERVICES 21201+33 LEGALSERVICES Cheque Amount - 229.95 001521 CIá|MSPRO lNC. 3382G098166 CSINOS CLAIM O3\OU2010 I 1,138.s0 008448 Cheque Amount - 1,138.50 OOOIOO CORPORATE EXPRESS 24386221 LEGAL SIZE FILES O2lÙ',ll2010 I 1 1 1.64 008449 24140113 LEXMARK CARTRIDGES O2lO8l20'lO I 135.64 008449 Cheque Amount - 247.28 000229 DANCE SEV\rER CLEANING INC 11338 FLUSH DRAIN - OAK ST 0410812010 I 330.75 008450 ChequeAmount- 330.75 001670 DAVE & CRYSTAL BERGEN reimburse credit CREDIT ON WATER ACCOUNT 0413012010 I 75.00 008451 Cheque Amount - 75.00 OOO282 ED BRADFIELD payroll 000284 ED ROLOSON payroll 0st0612010 I 428.81 008r'.52 Cheque Amount - 428.81 PAYROLL 05/06/2010 I 2,677.85 008453 Cheque Amount - 2,677.85 001366 FAMILY FUNTIME PUBLISHING W-2010.277 ONLINE DIRECTORY 0412712010 I '156.37 008454 o5to3t2010 I 153.30 008447 05t0312010 I 76.65 00u47 PAYROLL Page 1 Cheque Register being Cheque #8443 to Cheque #8525 inclusive, totaling $230,109.60 and Payroll Disbursements for the period Page 109 of 171 2009j1.27 6.3 9050 MUNICIPALITY OF BAYHAM Accounts Payable Royal Bank Cheque Register - 05/06/201 0 ChequeAmount- 156.37 001288 FARMINGTON MECHANICAL INC. 007687 REPL-ACE DAMAGED VENTS 0413012010 I 1,219.32 008455 Cheque Amount - 1,219.32 OOO334 FASTENALCANADA ONTIS34O42 SUPPLIES ONTIS34O93 GLOVES ONTIS34I2O SUPPLIES ChequeAmount- 103.91 OOO357 G& K SERVICES CAA¡ADA INC 1518546982 SHOP TOV\IELS, FLOOR MATS 0/,n912010 I 178.94 008457 Cheque Amount - 178.94 001672 JGM CONSULTING 2010-016 CONSULTING SERMCES 0413012010 I 37s.00 008458 ChequeAmount- 375.00 000506 KIM HUSTED SUR\ÆYING LTD Job 1G8921 LOTS 10AND l1 CON 3 0412212010 I 2,673.75 008459 Cheque Amount - 2,673.75 OOO51O KI.ASSENAUTO PARTS FUSE HOLDER, CONNECTOR 0'4'|OU2010 I 12.77 008460 0410812010 I 7.52 008460 0ø.t0912010 I 7.83 008460 o4t09t2010 I 12.83 008460 0411212010 I 9.06 008460 0412012010 I 8.50 008460 0412912010 I 78.87 008460 Cheque Amount -137.38 PAYROLL 05t0612010 I 579.24 008461 Cheque Amount - 579.24 EAST PIER INSPECTION 0111412010 I 't,260.00 008462 1-52459 1-5248',1 1-52547 1-52594 1-52715 1-53558 1-t4351 OO147O LEANNWALSH payroll 001673 MIKE GOLDING I 108304 BLADE BOXES SHIELDS FILTER TUBES, PLUGS SPARK PLUGS BOOSTER CABLES 04t20t2010 I 2.01 008456 0/,t21t2010 t 26¡4 008456 o4n2J201Ù I 75.46 008456 05/06/2010 2:23PM Gheque Amount - 1,260.00 000623 MUNICIPALITY OF BAYHAM April'1O petty APRIL'1O PETTY CASH 0413012010 I 120.11 008463 Cheque Amount - 120.11 001480 NEWRO SALES (2004)LTD 66725 REMOVE STATOR ON ABS pUMp 04t16t2010 I 1,008.53 008464 Page 2 Cheque Register being Cheque #8443 to Cheque #8525 inclusive, totaling $230,109.60 and Payroll Disbursements for the period Page 110 of 171 04t23t2010 I 22.47 008466 Cheque Amount - 22.47 OOO783 ROYAL FENCE LIMITED 42074 CEDARS, POST DRTVER, TRUCKS 0412112010 I 1,573.09 008467 Cheque Amount - '1,573.09 000806 SGSCANADAINC r04198r8 2009.11.27 6.3 9050 000647 NORFOLK DISPOSAL SERVICES 133106 GARBAGE DISPOSAL OOO727 PUROIATOR COURIER LTD 408341052 COURTER SERVICE LAB FEES 10419819 láB FEES 10419820 l-AB FEES 10419822 LAB FEES 10419823 l-AB FEES 'f 0420199 ráB FEES 10421023 LABFEES Cheque Amount- 1,008.53 04t30t2010 I 37,705.30 008465 Cheque Amount - 37,705.30 04t27t2010 I 646.80 008468 0412712010 I 252.00 008468 c/'12712010 I 623.70 008468 04t27r2010 I 618.45 008468 04t2712010 I 172.20 008468 0412712010 I 63.00 008468 04t28t2010 I 172.20 008468 ChequeAmount- 84.00 MUNICIPALITY OF BAYHAM Accounts Payable Royal Bank Cheque Register - 05/06/2010 05/06/2010 2:23PM Cheque Amount - 2,548.35 000870 TBSC 2783 MOTOROI.AREPAIR 0210112010 I 128.82 008469 Cheque Arnount - 128.82 001669 THE V\IEEKLY NEWS 3336 AD IN SPRING BRIDAL OOO889 TILLONCA FI.AGS & FLAGPOLES LTD Mt2U2010 I 84.00 008470 1104653 FT.AGS 0412912010 I 247.47 00u71 Cheque Amount - 247.47 00157'I TOWN OF TILLSONBURG 985 pRtMER MOTOR, SHOP SUPPLIES 04t22t2010 I 707.49 008r'.72 Cheque Amount - 707.49 OOO913 TOWNSHIP OF MAIÁHIDE 10-04 FEBRUARY 2010 WATER 0412712010 I 30,541.36 008473 Cheque Arnount- 30,541.36 OO158O TOWNSHIP OF SOUTHWOLD 0412812010 I 30.00 008474 30.00 lnvoice ,eheque " Cheque 75 MEETING Cheque Amount - Page q Cheque Register being Cheque #8443 to Cheque #8525 inclusive, totaling $230,109.60 and Payroll Disbursements for the period Page 111 of 171 2009j1.27 6.3 9050 MUNICIPALITY OF BAYHAM Accounts Payable Royal Bank Cheque Register - 05/06/2010 Cheque Amount - o4130120't0 I 05/06/2010 2:23PM 560.98 008475 s60.98 740.25 008476 OOO925 TRILLIUM RAILWAY COMPANY PCK1647 SIGNALS OO152O UTIL-EQUIP MANUFACTURING INC 6782 I.ADDER INSPECTIONS OOO953 VIENNAHOMECENTERLTD 04t3012010 I 34991 I 350034 350182 350204 350461 350497 350553 350625 350670 350698 BRUSHES,, POSTS WOOD SCREWS, DRILL PAINT, BRUSHES, SOCKET SET SONOTUBES SONOTUBES POSTS DUCTTAPE POSTS CONCRETE COUPLERS, CONCRETE MIX TREE REMOVAL REMOVAL OF TREES TREE REMOVAL IN CORINTH Cheque Amount -447.82 4,121.25 008478 971.25 008478 656.25 008478 Cheque Amount -740.25 58.52 008r'.77 18.06 008ø'77 62.13 008r'.77 11.26 008r'.77 18.90 008/.77 119.09 008r'.77 6.20 008r'.77 69.34 008r'.77 18.04 008r'.77 66.28 008r'.77 0410712010 0411212010 0/'|1512010 0/'t1sl20'lo 0412?/2010 04t22t2010 04123120'to 0ø.12612010 04t27t2010 0412812010 OOO99O ZAP'S TREE AND I-AWN SERVICE 00001453 00001454 00001471 o4l26l20',to 0/.t26t2010 0412612010 Cheque Amount -5,748.75 Cheque Run Total -çß,744.30 Page Cheque Register being Cheque #8443 to Cheque #8525 inclusive, totaling $230,109.60 and Payroll Disbursements for the period Page 112 of 171 2009.11.27 6.3 9050 000564 LYNDA MILI-ARD Pa!'roll MUNICIPALITY OF BAYHAM Accounts Payable Royal Bank Cheque Registér - 05/06/2010 05/06¿20't0 I Cheque Amount- Cheque Run Total - 05/06/2010 PAYROLL 2,865.96 Page Cheque Register being Cheque #8443 to Cheque #8525 inclusive, totaling $230,109.60 and Payroll Disbursements for the period Page 113 of 171 2009.11.27 6.3 90s0 MUNICIPALITY OF BAYHAM Accounts Payable Royal Bank Cheque Register - OSl13l2O10 000009 843002 oNTARro rNc 1099 DELIVER GRA\ÆL 04t30t2010 I 436.59 008480 ChequeAmount- 436.59 OOOO42 ACU-TEC INSPECTION & SERVICE LTD 2010140 INSPECT L|FT EQUIPMENT 0411412010 I 482.79 008481 Cheque Amount - 482.79 0000¿14 ALISARAGGREGATES INC 20034153 GRANUI-AR A 04130120'10 I 1,2'16.85 00u82 Cheque Amount - 1,216.85 @0052 AMTELECOM COMMUNICATIONS May 5198665521 MONTHLY TELEPHONE OSlO1l2010 I '1,305.07 008483 May0060257907 INTERNET - OFFICE 05lO1l2O1O I 85.00 008483 May0060341982 INTERNET- EDISON MUSEUM O5lO1l2O1O I 48.25 0084t13 MayO060408229 INTERNET - MARINE MUSEUM 05./0112010 I 48.25 008483 May0060493387 INTERNET - GARAGE O5lO1l2O10 I 28.30 008483 Cheque Amount - 1,5'14.87 001337 AROUND ABOUT BAYHAM edison fest ad EDISON FEST 05/05/2010 I 103.95 00u8/' ChequeAmount- 103.95 OOOO75 AYLMEREXPRESS 0000153355 ZONING AD c/'12912010 I 88.20 008485 0000153439 DTSCOVER BAYHAM BROCHURES 0413012010 I 1,127.74 008485 Cheque A¡irount - 1,215.94 OOOO81 AYLMERTIRE 0000063536 INSTALL TIRES 04/0s/2010 I 2,425.M 008486 00000æ477 lNsrALL TRAcroR TIRE cø,12912010 I 267.98 008486 Cheque Amount - 2,693.42 001675 BLACKRAYN IMAGING lettering VINYL LETTERING OOO141 CAIN'S AUTO SALES & SERVICE Cheque Amount - o5t10t20'to I 126.00 008487 126.00 04t1312010 I 289.30 0084{18 0412312010 I 76.42 008488 o4t26t2010 I M.o2 008488 0511312010 2:31PM 7920 7983 7990 LOF, ROTATE TIRES LOF, ROTATE TIRES LOF Cheque Amount - 409.74 OOO154 CANADIAN KOOL WATER 2-2570 WATER BOTTLES 0412012010 I 58.00 008489 Cheque Amount -58.00 Page 1 Cheque Register being Cheque #8443 to Cheque #8525 inclusive, totaling $230,109.60 and Payroll Disbursements for the period Page 114 of 171 2009.1',t.27 6.3 9050 MUNICIPALITYOF BAYHAM Accounts Payable Royal Bank Cheque Register- Obhgt2ll} O5l13l2O1A 2:31PM OOO175 CEDARSIGNS 18163 SIGNS 05/06/2010 t 232.43 008490 Cheque Amount - 232.43 o4t27f2010 I 644.00 008491 Cheque Amount - e14.00 a31262.010 I 105.08 008/,92 ChequeAmount- 105.08 OOO212 COUNTYOF ELGIN 1N000021860 POLICE SERVICES FORAPRIL Aþ72O10 I 59,570.¡16 008493 Cheque Amount - 59,570.46 OOO229 DANCE SEWER CLEANING INC 11339 CALTON L|NE CATCH BASTNS O4t19t2010 I r,653.75 008494 00152'1 CtA|MSPRO tNC. 33820-102121 CSINOS CLArM OOOIOO CORPORATE EXPRESS 24770234 TONER OOO245 DAYTRIPPING 4758 1/4 PAGE AD 000001 DPoc postage0l6 POSTAGE 000284 ED ROLOSON omltted payoll PAYROLL OOO299 ELGIN PURE WATER 0000156921 MONTHLYRENTAL 001565 EMCOCORPORATTON 540257740 PARTS OOO343 FI.AGS UNLIMITED 151606 BRIDGE BANNERS 001239 GREAT LAKES NEW HOLI-AND INC Cheque Amount - 1,653.75 05t0st2010 I 462.00 008495 ChequeAmount- 462.00 0511312010 I r,050.00 008496 Cheque Amount - 1,050.00 05t10t2010 I 154.92 008497 Cheque Amount - 154.92 o5lo3t20'to I 106.58 008498 Cheque Arnount - 'læ.58 0412812010 I 542.63 008499 ChequeAmount- 179.49 05t04t2010 I 561.84 008501 Cheque Amount - 542.63 OOO339 FIRESERVICE MANAGEMENT LTD 4204',t't sutT CLEAN|NG o5to4t20'to I 179.49 008500 Cheque Amount - 561.84 Page 2 Cheque Register being Cheque #8443 to Cheque #8525 inclusive, totaling $230,109.60 and Payroll Disbursements for the period Page 115 of 171 2009.11.27 6.3 9050 11547 503217 BELT COMPLETE SERVICE - MOVVER MUNICIPALITY OF BAYHAM Accounts Payable Royal Bank Cheque Register- 05/13/2010 05113120'10 2:31PM Mt23t2010 0412112010 178.78 008502 1,791.99 008502 Cheque Amount - OO1538 GROUND EFFECTS I.ANDSCAPE & DESIGN 288 CEMETERY CARE & MAINTENANC OSIO'II2O1O I Cheque Amount - 001656 HARMS EXCAVATING LTD 20't000258 DOZERWORK FOR DRAIN NO I 0/,I3O|2O1O I Cheque Amount - OOO99I HORVATHAUTO PARTS 199981 QUICK BOND KIT, PARTS o4127t2010 I oo*27 HyDRo oNE NET*'RKS rNc cheque Amount - May2524ù95021 UTILITIES - RICHMOND RD PUMP 0510312010 I MayO0240 - 14793 UTILITIES - GARAGE 0510712010 I May01181 - 23005 UTILITIES - INFO CENTRE 05103f2010 I May0657l - ¡14066 UTILITIES - METER CHAMBER OSlO5l201O I May12650 - 91004 UTILITIES - PUMP#tl 05/03/2010 I May18850 -'12458 UTILITIES - PB LIBRARY 0510312010 I Mayl8971 -44027 UTILITIES - METER CHAMBER 05/03/2010 I May18971 -52001 UTILITIES - BOOSTER PUMP OSlO3l2OlO I May2525O - 12302 UTILITIES - PB OPP OFFICE 05lO3l2O1O I May28799 - 40004 UTILITIES - PUMP#1 0510312010 I May34853 - 01007 UTILITIES - BEACH WASHROOMS 05/06/2010 I May35795 - 43000 UTILITIES - PUMP#6 05/06/2010 I May43850 - 12451 UTILITIES - PB CENTEN PARK O5lOgl201O I May50250 -'12458 UTILITIES - MARINE MUSEUM OSlO3l-2010 I May50370 - 20077 UTILITIES - VIENNA LIBRARY 05/06/2010 I May56450 - 12330 UTILITIES - BOAT LAUNCH O5lO3l2O10 I May62760 - 43000 UTILITIES - E.C.C. OSlOSl2OlO I May6277O -20225 UTILITIES - VIENNA MEM PARK 05/06/2010 I May75250 - 12272 UTILITIES - LIGHTHOUSE 05lO3l2O'lO I May87770 -20012 UTILITIES - EDISON MUSEUM 0510312010 I May93850 - 12278 UTILITIES - PB FIREHALL 05lO3l2O1O I May93850 - 9'1019 UTILITIES - PUMP#7 0510312010 I May93970 - 20342 UTILITIES - V.C.C. 0510312010 I Cheque Amount - 001678 INGENIOUS SOFTWARE 1,333.50 1,611.75 1,970.77 1.333.50 008503 008504 008505 008507 1,611.75 100.18 100.18 408.09 008506 629.07 008506 48.17 008506 42.66 008506 151.96 008506 114.47 008506 M.æ 008506 92.06 008506 37.74 008506 252.26 008506 100.55 008506 749.86 008s06 76.51 008s06 104.87 008506 21.73 008506 51.37 008506 94.69 008506 93.37 008506 53.62 008506 66.45 008506 168.08 008506 29.50 008506 785.58 008506 4,217.56 5,428.50 ,¡,, lnvoice Cheque , Date Type Amount 3420 LICENCE,REPORTS,TRAINING O5I11I2O1O Page Cheque Register being Cheque #8443 to Cheque #8525 inclusive, totaling $230,109.60 and Payroll Disbursements for the period Page 116 of 171 2009.11.27 6.3 9050 MUNICIPALITY OF BAYHAM Accounts Payable Royal Bank Cheque Register - OSl13l201O 0511312010 2:31PM Cheque Amount. 5,428.50 OOO518 l(WK KOPY PRINTING 25336 COPYPAPER OOO235 LIPPERT&WRIGHT FUELS LTD. 0511212010 I 597.69 '008508 Cheque Amount -597.69 105576 105577 105578 106272 106213 106274 7703574 7703575 109497 WEATHERFORECAST 109659 WEATHERFORECAST 0410812010 1 1,054.02 008509 f/+toàt2o1o t 874.s2 oo8åoe c/ltobt2olo I 1,798.55 ooSsog fJ/'116t2010 I 672.il 008509 0/.11612010 I 900.64 008509 fJ/.12012010 I '1,124.13 008509 a412712010 I 1,129.05 008509 0/.t27t2010 I 76r.09 008509 oa28t20't0 I 315.00 008511 o3l3'v2010 I 3ís.00 008511 ULS DIESEL DIESEL DYED ULSD REG GAS REG GAS DIESEL DYED ULS DIESEL ULS DIESEL DYED REG GAS Cheque Amount - 8,314.34 001668 MARION ROGERS F20'to-o14 cRtMtNAL RECORDS CHECK Ml14l201Ù I 25.00 008510 ChequeAmount- 25.00 001484 PELMOREX MEDIA INC. ChequeAmount- 630.00 OOO7O4 PETERSPLUMBING 870 S.C.C. REPAIRS TO TOTLET 0412312010 I 68.25 008512 Cheque Amount - 68.25 OOO71O PORT BURWELL HOME HARDWARE 7779 LTGHTS 0/,12212010 I 20.32 008513 7788 BATTERTES 0412612010 I 12.51 008513 7789 BATTERTES 0/.12612010 I 10.17 008513 ChequeAmount- 43.00 OOO7I6 PRAXAIR DISTRIBUTION 08963521 CYLTNDER RENTAL 0413012010 I 27.55 008514 Cheque Amount -27.55 OOO738 RANDALLUNTCH mileage MILEAGE 05/06/2010 r 36.90 008515 ChequeAmount- 36.90 OOO747 REID'S PRE-CAST CEMENT PRODUCT 7147 COUPLERS. TEES. BOSS 2000 04126120'tO I '1,165.94 008516 Cheque Amount - 1,165.94 Page 4 Cheque Register being Cheque #8443 to Cheque #8525 inclusive, totaling $230,109.60 and Payroll Disbursements for the period Page 117 of 171 2009.11.27 6.3 9050 sponsorship 001418 TELUS 0'15894762022 10-01 OOO93O TSC STORES L.P. I 81 030695 18104't730 MUNICIPALITY OF BAYHAM Accounts Payable Royal Bank Cheque Register - 0511312010 0413012010 I Cheque Amount - 04t07t2010 I Cheque Amount - tisrtotzo'to r 0511312010 2:31PM 288.75 008517 001532 RELISH ELGIN 423 I/2 PAGE AD OO1 106 SIEMENS WATER TECHNOLOGIES t0/,2267 B|OX|DE OOO85O STRAFFORDVILLE MINOR BALL 3,875.90 't00.00 288.75 3,875.90 008518 008519 00852r oo8522 0'15894762022', DOLI-AR POOL SAVINGS INTEREST 01589476202A2005876 CELL PHONE - p GROENE\ÆLD o158%:762022t6171156 CELL PHONE - c LEMAY 01589476202216171294 CELL PHONE - C JOHNSTON o1589476202U6197856 CELL PHONE -A SWANCE 01589476202U6365709 CELL PHONE - PB FIRE DEPT 015894762022t6365787 CELL PHONE - ROADS DEPT 1 01589476202216366178 CELL PHONE. STRAF FIRE DEPT 01589476202U6366198 CELL PHONE - E BRADFIELD 0't589476202U6366368 CELL PHONE - E ROLOSON 01589476202iJ63694& CELL PHONE - K KRUGER 0'1589476202?/æ89955 CELL PHONE - B BUTLER 015894762022r'9021249 CELL PHONE - ROADS DEPT SPONSOR FUNDING JANUARY 2O1O WATER CHLORINE FENCE POSTS COMPLETE SERVICE BRAKE AIR VALVE ADJUST BRAKES Cheque Amount -r00.00 -169.91 008520 't2.86 008520 196.20 008520 41.75 008s20 38.93 008520 9l:91 008520 M.86 008520 45.54 008520 44.86 008s20 388.98 008520 215.01 008520 51.13 008520 s.o1 008520 44.86 008520 0412712010 0412il2010 0412712010 04t27t2010 0412712010 04t27t2010 0412712010 0412712010 04t27t2010 0ø.127t2010 0ø,12712010 0412712010 0ø.t2712010 0412712010 c I I I I I I I I I I I I I 001674 TITAN TRAILERS INC IN23O67 BOX FOR FIRE TRUCK OOO913 TOVVNSHIP OF MALAHIDE Cheque Amount - 0/.t14t2010 I 1,100.99 1,695.00 Cheque Amount - 03112120't0 r 1,695.00 16,207.88 Cheque Amount -16,207.88 22.59 008523 762.19 008523 0411512010 0412312010 OOO957 VOTH SALES & SERVICE LTD 0000182714 00001 8271 I 0000182757 Cheque Amount -7U.78 1.627.39 008524 6'16.52 008s24 1r0.34 008524 0412812010 0412812010 0413012010 Page Cheque Register being Cheque #8443 to Cheque #8525 inclusive, totaling $230,109.60 and Payroll Disbursements for the period Page 118 of 171 2009.11.27 6.3 9050 MUNICIPALITY OF BAYHAM Accounts Payable Royal Bank Cheque Register- 0511312010 O5lßn010 2:3lPM 008524 008524 008524 008524 LICENCE PIATE LIGHT FIXAIR LEAK SAFETY INSPECTION GREASE FITTINGS, GREASE Cheque Amount - 001676 ZOLL MEDICAL CANADA INC. .140868 BATTERIES, TRAINER2 UNITS O5IO5I2A1O I Cheque Amount - Cheque Run Total - 4,427.08 2,926.70 2,926.70 130,499.34 Page Cheque Register being Cheque #8443 to Cheque #8525 inclusive, totaling $230,109.60 and Payroll Disbursements for the period Page 119 of 171 80Rl', IIUNICIPALITY 0F BAYHAH TOT PACKETS - 2 CURRENT 9 ,240.49 ADP CANADAPAYROLL TECHNOLOGIES DÂILY UPDATE REPORTCOI{PANY TOTALS ADJUST-CR CURRENT TOTAL 9 ,240 -49 L,889.29 4 ,572 .88 982.59 I6,685.05 35,L96.32 35,L96.32 ANALYSIS OF I TEI{ HOURLY WORKPAYS COURIER FEE It0,49 51,881.37 It0.49 5.52 5r , 997.38 SERVICE CHARGES UNITS CHARGE 11 L7.49 I 12. 00 RUN: HAY 4 2010 N0: C PAGE: I20 GST REG: 1000574I3 RT0004 COÌ{PANY PAGE: 3 DEBIT DATE: l{AY 5,2010 DATE 0F PAY: HAY 7, zOLo ADJUST-DR YTD ADJUST ITEI{ PAYROLL RUNS YTD TOTAL 75,596.33 FEDL TAX NR TAX PROV TAX L6,O4L.A7 EI CONT QPIP58,955.20 CAN PEN QC PEN QC HSF 8,4L8.26 ON EHT HB HET NL HAPSET I39,0II.66 TOT STATS CHEQUES 30I,533.52 DEPOSITS US DEPS 50. OO DED DEPS 301,585.52 T0T NPAY RRSP RTI 440,394.98 T0T PAYRoL I,35I.33 SERV CHRG 67.57 cST PST 44I ,8I5.88 GRAND TOT UNITS CHARGE L 46.00 FEDL TAX NR TAX PROV TAX EI CONT QPIP CAN PENqC PEN QC HSF ON EHT I{B HET NL HAPSET TOT STATS CHEQUES DEPOS I TS US DEPS DED DEPS TOT NPAY RRSP RTI TOT PAYROL SERV CHRG GST PST GRAND TOT L,AA9.?9 4 ,572.88 982 _ 59 I6,685.05 35,L96.32 35,L96.32 5l ,881 .37 I I0 .49 5.ã2 51 ,997,58 TTEH UNITS CHARGE SALARIED I¡,ORKPAYS 18 28-62 PAY ADVICE FOLD 29 6.38 TOTAL S/C SUBJECT TO GST IS: TOTAL PAYROLL DEBIT IS 5L,997.38 DEBIT INFoRHATI0N: 005 05102 r0ll925 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 4 4 3 t o C h e q u e # 8 5 2 5 i n c l u s i v e , t o t a l i n g $ 2 3 0 , 1 0 9 . 6 0 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 2 0 o f 1 7 1 1 CORPORATION OF THE MTTNICIPALITY OF BAYHAM STAFF REPORT TO: Mayor & Members of Council FROM: Denis Duguay, Treasurer SUBJECT: Council Remuneration & Expenses DATE: May 4,2010 FILE: F03.03 NUMBER: F2010-04 Background Comments Pursuant to section 284(l) of the Municþal Act, 2001, a Statement of Remuneration and Expenses for all the Members of Council is to be submitted each year to Council for information purposes. Remuneration was made to council under the authority of s.283 of the Municipal Act. Itemized below a¡e the remunsration and expenses for each Member of Council for the year 2009. Expenses include mileage paid to individual councilors. Taxable Expenses Conference & Mileage Reimbursements Lynn Acre $10,870.47 S 5,234.06 $ 291.60 Cliff Evanitski $ 8,151.84 $ 3,924.96 g 7,407.23 Mark Taylor $ 6,340.68 g 3,052.92 g 1,274-40 Ed Ketchabaw $ 6,340.68 S 3,052.92 $ 864.93 Wayne Casier $ 6,340.68 $ 3,052.92 $ 990.93 Total $ 38,044.35 $18,317.78 $4'823.09 Recommendation: THAT Stuff Report F2010-04 be receívedfor informatíon" Staff Report F2010-04 regarding Council Remuneration & Expenses. File: F03.03 Page 121 of 171 Page 122 of 171 11I TO: Mayor & Members of Council FROM: Kyle Kruger, Administrator SUBJECT: Potential Medical Centre Partnership DATE: May 10, 2010 FILE: SOI NUMBER: C2010-06 Purpose This report is to bring forward information from recent Aylmer-Central Elgin-Malahide Liaison Committee meetings and recommend agreement in principle to a potential East Elgin Medical Centre partnership. Background Municipality of Bayham staff and Council representatives have been attending meetings of the Aylmer-Central Elgin-Malahide Liaison Committee for the last several months. The Committee had first approached Bayham Council at its February 18, 2010 meeting, where the Mayors of Aylmer, Malahide and Central Elgin along with Family Health Team board member Shirley Biro suggested there was need for Bayham to be included at the table to further support EEFHT efforts to recruit family physicians and address local health care needs in east Elgin. At the subsequent meetings, in concert with general discussions of the need for and methods of physician recruitment, there have been some detailed discussions of constructing new space to address the needs of the EEFHT, including space to facilitate expansion to provide for physician recruitment. At the direction of the Committee, atea Administrators have presented preliminary budget estimates for a facility, along with options for cost sharing among east Elgin municipalities. At it's ll{ay 4,2010 meeting, the Committee passed a resolution requesting support in principle to a method of sharing costs of new or expanded facility, along with buy-in on existing property (letter attached). It is requested that all four municipalities respond by May 25,2010. Staff Comments As mentioned, the Committee is interested in pursuing a joint venture to provide a new medical building (or expansion of the current joint facility) to house the EEFHT at its current staffing level, with opporlunity to expand for additional physicians. The tenant for the facility would be the EEFHT, and as such, a certain amount of funding may be available for construction of the facility, along with a long-term lease arrangement. The attached report to the Liaison Committee outlines the preliminary budget estimates and funding information. As outlined in the report, the proposal would include the construction of a 10,000 ft2 facility, of which the EEFHT would immediately occupy 7,000 ft'?. Through the province, funding may be available for a portion of construction costs, and to the EEFHT for lease payments for a l0 to 15 year term. Such funding however would only apply to the portion immediately occupied by the EEFHT (the 7,000 ff). The remaining space would become eligible for lease funding at such time as the EEFHT expands its space (recruits additional physicians). For Bayham as a potential new partner, there is also be the issue of "buy-in" for land acquisition in the case of new development on lands previously purchased by the existing group. The lands were acquired at a cost of $475,000. Additionall¡ the issue of cost sharing options between potential partners was examined. Again, a report was prepared for the Liaison Committee outlining several options including basing shares on population (total or adjusted), assessment, physician caseload, equal division, or other negotiated split. The Liaison Committee has recommended the option of an "Adjusted Population" basis that would result in the following split: Staff Report C2010-06 regarding Potential Medical Centre Partnership. File: S08 Page 123 of 171 . Aylmer. Bayham . Malahide 38% . Central Elgin 5% The preliminary estimates as presented to the Liaison Committee show a worst cost scenario (assuming 7,000 ft2 only is occupied, full debt financing, and full amortization costs) ranging from an annual deficit of $68,400 (if financed over 15 years) to a small surplus of $6,600 (if financed over 25 years). Using the cost sharing as recoÍrmended by the Committee, the impact for Bayham would then range from an annual cost of $13,000 to a small surplus of $1,250. In addition, Bayham would also have the land acquisition costs component. Assuming the footprint of the new building is equal to the existing, the capital cost to Bayham would be $45,125. The above estimates assume the full amount of Building construction costs (net) would be debt financed, and the land acquisition as a one-time capital cost. It is possible that the Bayham share could be partially financed through the sale of the existing medical centre property vs. debt financing. As well, it should be highlighted again that the above estimates are based on occupation of only 7,000 ft2 of the facility. As additional space is leased, the annual deficit is reduced, or a small surplus may be realized. Conversely, should the EEFHT not retain its current number of physicians, the lease amount may be reduced. At this time, the group is seeking confirmation of Bayham's willingness to participate in this potential venture, and if so to what share. Agreement to participate at this time would be in principle only, as there remains a number of details and funding agreements that require confirmation. For information, both Central Elgin and Malahide Councils have supported in principle the cost-sharing model proposed by the Liaison Committee. It has been expressed by area municipalities as well as the EEFHT that there is dire need to initiate physician recruitment immediately, and available space within an established joint medical practice such as the EEFHT is a key component for any such recruitment. As the key goal of establishing such a building would be to facilitate physician recruitment to the east Elgin area, it may be advantageous to pursue this model with the available funding. Attachments 1. Letter May 5, 2010 from Aylmer-Central Elgin-Malahide Liaison Committee (including copies of cost sharing model and preliminary budget estimates). Options 1. Agree in principle to participate in a new or expanded medical facility with Aylmer, Malahide, and Central Elgin, with cost sharing as proposed by the Liaison Committee. 2. Agree to participate but with an altemate cost sharing amount. 3. Decline participation at this time. Strategic Plan Goal(s) Goal #1 - Practice responsible financial management Goal #4 - Be dedicated to service excellence Goal #6 - Provide and encourage aftractive lifestyle choices Recommendation That the Municipality of Bayham agree in principle to participate in a medical centre partnership with the Municipalities of Aylmer, Central Elgin, and Malahide, utilizing the cost sharing arrangements for a new or expanded facility and land buy-in costs as recommended by the Aylmer- Centr4l Elgin-Malahide Liaison Committee in its May 5,2010 correspondence. 38% t9% Ky Staff Report C2010-06 regarding Potential Medical Centre Partnership. File: S08 Page 124 of 171 AYLMER - CENTRAL ELGIN _ MALAHIDE LIAISON COMMITTEE May 5,2010 Mayor and Council Town of Aylmer Municipality of Bayham Municipality of Central Elgin Township of Malahide Ladies and Gentlemen: We are writing on behalf of the Liaison Committee of Aylmer, Central Elgin and Malahide. The Committee has been considering the needs of the East Elgin Family Health Team for accommodations and their request for assistance from the four municipalities by constructing new space near or adjacent to the existing East Elgin Medical Complex on Talbot Street in Aylmer. At its meeting of May 4,2010, the Liaison Committee passed the following resolution: "That the Liaison Committee direct the Administrators to send alelter to the four Councils requesting support in principle to a sharing the costs of a new or expanded facility according to a model using adjusted populations as set out in attachment A.; AND further that the buy in costs for the land be recommended based on the percent of floor area used by the new strucfure and as set out in Attachment A; AND further that the Councils be requested to respond to the Liaison Committee by May 25,201,0." Staff Report C2010-06 regarding Potential Medical Centre Partnership. File: S08 Page 125 of 171 Along with a copy of the cost sharing model recommended by the Liaison Committee, please find attached a copy of the memo setting out preliminary budget estimates for the construction of a facility. Thank you for your consideration of this request and areply would be appreciated by May 25,2010. Please respond to: The Liaison Committee c/o Administrator Town of Aylmer 46 Talbot Street West Aylmer ON N5H 1J7 Sincerely, M. H. Adams M. Casavecchia D. Leitch Adminisffator Administrator Administrator Town of Aylmer Township of Municipalþ of Malahide Central Elgin Enclosures (2) Staff Report C2010-06 regarding Potential Medical Centre Partnership. File: S08 Page 126 of 171 Attachment A to Minutes of Mav 4. 20lO Tri-Municipal Liaison Gommittee DATE: May 4,2010 RE: PROPOSED COST SHARING OPTIONS FOR PROPOSED NEW MEDICAL BUILDING FOR THE EEFHT BACKGROUND: At a joint meeting held on April 1 3,2010, the Council representatives of Aylmer, Bayham, Central Elgin, and Malahide asked the Administrators of such municipalities to review options for cost sharing the costs of a proposed new medical building to house the East Elgin Family Health Team (EEFHT). The Council Members also asked that consideration be given to how to share the land costs as well. The Administrators of Aylmer, Bayham, Central Elgin, and Malahide met and proposed options based on population, assessment, physician caseload, and negotiated split. At its meeting on May 4, 2O1O,the Liaison Committee reviewed the options and recommended the option set out below for the consideration of the four municipal Councils. DATA: The EEFHT Executive Director provided the following information per the request of the CAO's. According to the 2006 Community Profile wrítten by the St. Thomas Elgin Heath Unít, the demographics of the catchment area are: Aylmer = 7069 Bayham = 6727 Malahide = 8828 Central Elgin = 1300* * This is an estimate as Central Elgin is not in the catchment area identified in the initial proposal, the physicians have advise they all have patients from that area and it is estimated to be 1 0o/o of that population or 1300. Total Population is 23,924 Sharinq Based on Adiusted Population Staff Report C2010-06 regarding Potential Medical Centre Partnership. File: S08 Page 127 of 171 Population Adiusted Percent Per Population* Adiusted PoPulation Aylmer Bayham Malahide Central Elgin TOTAL 7069 7000 6727 3400 8828 7000 1300 1000 23924 18400 38o/o 19o/o 38% 5% 100% *Assumptions for adjusting the population: . Aylmer and Malahide would pay equal amounts and adjusted Malahide down on the assumption that the northern most portion of the Township may be predisposed to go to Dorchester or London . Adjusted Bayham's population to represent one-half on the assumption that approximately one-half of the population of the Municipality is served by Tillsonburg . Adjusted Central Elgin down slightly on the assumption that a portion of the estimated 1300 on the eastern side of the Municipality would be served by St. Thomas Sharinq Oriqinal Land Gosts with Bavham The original land costs for the entire lot were $475,000. It is suggested that the $475,000 be split between the buildings (the existing one and the new one) based on the square footage of the building footprint. This would generate a value for the land associated wíth the new building. lt is then proposed that Bayham's buy-in cost would be a percent of the new building land value based on the percentage allocated to Bayham for the costs per above. Staff Report C2010-06 regarding Potential Medical Centre Partnership. File: S08 Page 128 of 171 Tri-Municipal Liaison Gommittee Memorandum MEMO TO: Tri-Municipal Liaison Committee Members FROM: Administrators of Aylmer, Bayham, Central Elgin, and Malahide DATE: April 8,2010 RE: PRELIMINARY BUDGET ESTIMATES PROPOSED NEW MEDICAL BUILDING FOR THE EEFHT BACKGROUND: At a joint meeting held on March 9, 2010, the Council representatives of Aylmer, Bayham, Central Elgin, and Malahide asked the Administrators of such municipalities to gather preliminary costs estimates to construct a new 10,000 sq ft medical building to house the East Elgin Family Health Team (EEFHT). The Council Members also asked the EEFHT Executive Director to seek confirmation from the Ministry of Health regarding funding approvals for the EEFHT. The EEFHT Executíve Director has obtained such funding approval confirmation as outlined in the attached email from Fernando Tavares, of the Ministry of Health. ln addition, Spriet Associates (as the consulting architecUengineer of the existing East Elgin Medical Facility)was consulted to provide a preliminary construction estimate for a new 10,000 sq ft medical building. The Administrators of Aylmer, Bayham, Central Elgin, and Malahide have met and reviewed the preliminary information provided by the EEFHT Executive Director and Spriet Associates. POTENTIAL FUNDING PROPOSAL TO PROVINCE: lf the municipalities choose to pursue the construction of a new medical building for the EEFHT, based on the funding approval information provided by the EEFHT Executive Dírector, the Province would consider a proposal from the municipalities to construct a new building. However, the Provincial contribution would only fund 7,000 sq ft as currently approved for the EEFHT. Any proposal to the Province should include the following: requested provincial contribution to construction costs of a new buílding; requested base rent per sq ft; requested additional rent per sq ft for utilities, taxes, maintenance, insurance, etc.; and the desired term of lease. Staff Report C2010-06 regarding Potential Medical Centre Partnership. File: S08 Page 129 of 171 PRELIMINARY CONSTRUCTION ESTIMATE: Estimated Construction Cost (10,000 sq ft x $170.00/sq ft) Site Work (approximate) Sub-total Architectural/Engineering Fees (8%) TOTAL FINANCIAL SUMMARY: Annual Rental Revenue: Base Rent ($10.00/sq ft) Additional Rent ($12.80/sq ft) Total Annual Operating Expenditu res: Operating Costs Management Fees Total Potential Annual Net Surplus $1,700,000 300,000 2,000,000 160.000 $2,160,000 The following financial summary has been prepared to assist the Council representatives in determining whether to proceed further with such a construction project. This summary is based a number of assumptions which are detailed at the end of the financial summary. Gapital Construction Costs: Estimated Construction Costs (including Arch. & Eng. Fees) Less: Provincial Capital Contribution (7,000 sq ft x $170.00/sq ft) Balance Remaining (to be funded by municipal contributions) Lease: 7.000 sq ft $ 7o,ooo $ 89.600 $159,600 $ 70,000 $ 12,000 $ 82,000 $ 77,600 10.000 sq ft $100,000 $128.000 $228,000 $100,000 $ 12,000 $112,000 $116,000 The estimated lease revenues and expenditures are based on historical actual costs of existing medical facility. The estimated Net Surplus of $77,600.00 was determined based upon the lease of 7,000 sq ft. lf the entire 10,000 sq ft was leased at the same rental rate, the Net Surplus would increase by $38,400 to a total of $116,000 annually. Staff Report C2010-06 regarding Potential Medical Centre Partnership. File: S08 Page 130 of 171 Further, the annual Net Surplus only pertains to the annual operating revenues and costs for the proposed new medical building. lt does not take into account, any potential debt financing costs or amortization costs. The potential Net Surplus once realized could be pro-rated and credited, on an annual basis, to the member municipalities. This amount could then be available to be utilized by the respective municipality to assist with their own debt financing and/or asset management obligations if they chose. POTENTIAL DEBT FINANGING: Because each member municipality would be responsible to provide their share of the initial construction cost and the ongoing capital replacement costs, it is difficult to make generalizations. Not all of the municipalities may need to debt finance all of the anticipated construction cost and may have different policies with regard to asset amortization. However, if it is necessary for all of the munícipalities to debt finance their share of the capital costs of the new medical building, the following additional potential costs (pro- rated based on municipal percentage)would apply: Annual Principal/l nterest Cost: ($970,000 x 5o/o x 15 Years) $ 96,000 OR ($970,000 x 5o/o x 20 Years) $ 80'000 OR ($970,000 x 5o/o x 25 Years) $ 71'000 POTENTIAL AMORTIZATION GOSTS: The following annual amortization costs (pro-rated based on municipal percentage) would also be applicable: Annual Amortization Cost: (historical cost / estimated life of asset) $ 50'000 Each municipality may fund Asset Amortization costs of $50,000 differently. There is no obligation at the present time to provide any funding to finance amortization costs and municipalities may wish to continue with prior practice and not include the cost of amortization in the determination of individual municipaltaxation requirements, Staff Report C2010-06 regarding Potential Medical Centre Partnership. File: S08 Page 131 of 171 ASSUMPTIONS: The following assumptions were made in the preparation of the above financial calculations: . Only a 'shell' building is required to be constructed and that the EEFHT will secure other funding for leasehold improvements, furnishings and fixtures for individual doctor suítes, etc. Approvalfrom the Province of a capital contribution equal to actual construction costs Approval from the Province for the maximum base rent for entire lease period, and maximum additional rent for operating costs for entire lease period Approvalfrom the Province of a minimum 15 year lease term Base rent and additional rent received from the Province will not likely be indexed annually The Province will contribute immediately for the maximum approved 7,000 sq ft regardless of whether or not the space is immediately occupied The new medical building is intended to provide space only for those medical staff positions that have been allocated to locate in Aylmer. Not intended to relocate existing doctors in other communities The municipalities will need to debt finance all or a significant portion their share of the capital costs to construct the additional 3,000 sq ft not currently approved by the Province The municipalities are able to secure debt financing for their portion of the capital costs at 5% interest rate for a term of either 15,20, or 25 years. Debt financing costs will range from $71,000 to $96,000 annually' The municipalities will all amortize their capital investment similarly The annual operating costs would be similar to those of the existing medical facility The Net Surplus depending on the area leased out will range from $47,600 to $116,000 annually Any Net Surplus once realized would be pro-rated and credited, on an annual basis, to the member municipalities GONCLUSIONS: Based on the above information, the Administrators of Aylmer, Bayham, Central Elgin, and Malahide have concluded that the operations of the proposed new 10,000 sq ft medical building has the potential to generate an annual operating surplus, however, that estimated Net Surplus does not take into consideration any debt financing and amortization costs to the respective municipalities. lf the member municipalities choose to ignore the amortization costs, there is the potential for the proposed new medical building to generate an operating surplus a a a a Staff Report C2010-06 regarding Potential Medical Centre Partnership. File: S08 Page 132 of 171 sufficient enough to pay the debt financing costs depending on sq ft leased and the term for the debt financing. See Scenario 1 below. However, if the member municipalities are required to incur debt financing and amortization costs, and such costs are calculated into the annual operating costs, than it appears that the annual costs may be more than the proposed revenues that would be able to be generated based on either the rents for the initial approved 7,000 sq ft or the ultimate 10,000 sq ft. Scenario 1 - lnclude Debt Financinq Costs, lqnore Amortization Costs 7.000 sq ft 10.000 sq ft Potential Annual Net Surplus $77,600 $116'000 Less: Debt Financing Costs $71,000-$96,000 $71,000-$96.000 Annual Net (Deficit)/surplus ($18,400)-$6,600 $20,000-$45,000 Scenario 2 - lnclude Debt FinancinO Costs and Amortization Costs 7.000 sq ft 10.000 sq ft Potential Annual Net Surplus $77',600 $116,000 Less: Debt Financing Costs $71,000-$96.000 $71,000-$96.000 Sub-Total (Deficit)/Surplus ($18,400)-$6,600 $20,000-$45,000 Less: Amortization Costs $O-$SO.OOO $0-$50,000 Annual Net (Deficit)/surplus ($64,+OO¡-$6,600 ($3O,OOO¡-$45,000 Staff Report C2010-06 regarding Potential Medical Centre Partnership. File: S08 Page 133 of 171 Page 134 of 171 .i JGM Consulting 99 Edgevalley Road, Unit#42 London, Ontario N5Y 5Nl Phone (519) 951-0330 - Cell: (519) 851-3204 E-mail: April3otl', 2010 GST#: 851357780RT0001 File #2010-016 Kyle Kruger, C.M.O., CAO, Municipality of Bayham PO Box 160,9344 Plank Road Straffordville, Ontario NOJ 1Y0 Dear Mr. Kruger: Re: The Corporation of Municipality of Bayham Closed Meetìns of Aoril T't. 2010 Please find enclosed my frndings with respect to the complaint received on April 20ú,2010. As an attachment to this letter, you will find an invoice reflecting time and expenses incured in preparing this report. I hope my observations and comments will be taken in a constructive rather than critical manner as we work towards ensuring the integrity of local government. I would like to thank the Municipal staff for their assistance and cooperation in the review of this matter. Regards, Encl-. Correspondence dated April 30, 2010 from JGM Consulting regarding "Closed Meeting of April 1, 2010". File: A09 Page 135 of 171 REPORT ON COMPLAINT Filed in accordance with Section 239 of the Ontario Municipal Act 2001 (as amended) The Corporation of the Municipalþ of Bayham File: 2010-016 - JGll4,/mjm April30th, 2009 Correspondence dated April 30, 2010 from JGM Consulting regarding "Closed Meeting of April 1, 2010". File: A09 Page 136 of 171 2 REPORT ON COMPLAINT Filed in accordance with Sectíon 239 of the Ontarío Municipal Act 200I (as amended) The Corporation of the Municipality of Bayham Prepøredby: John G. Maddox, JGM Consulting Effective January l't 2008, the Municipal Act was amended to provide reasonable access to the Municipal ratepayers to file a complaint with respect to "Closed Meetings" and "Public Notice" of those meetings. Municipalities were provided with an opportunity to appoint a "Closed Meeting Investigator" under Section 239 of the Municipal Act or in the absence of doing so the Office of the Ontario Ombudsman would undertake such a review. The legislative amendments were put in place in an effort to ensure greater accountability, openness and transparency with respect to "local government" decision making. As the Closed Meeting Investigator for the Municipalrty of Bayham, I was served with a Notice of Complaint on April 20ú,2010. The complaint pertains to a meeting of Council on April 1't, 2010, a portion of which was closed to the public at approximately 8:26 p.m. The complainant also suggests that other matters were discussed in closed session after the departure of Mr. Gibson. I have requested and reviewed the agenda and minutes for the meeting in question including the record of closed session discussions. I also had occasion to meet Municipal staff on Thursday, April 29ú,2010 for further clarification. My review of the relevant Municipal documents and related correspondence support the need for Council to take advantage of Section 239, sub-section 2(f) - Solicitor/client privilege and in fact conduct the discussion on this matter in "closed session". In my opinion, the matter clearly falls within the parameters of that section and Council exercised appropriate discretion. I am also satisfied that any additional discussion in the closed session, subsequent to the departure of the prosecutor (Mr. Gibson) was also relevant to this matter and have reviewed relevant correspondence that leads me to that conclusion. This matter has clearly been "on going" for some time and the solicitor has been and continues to provide advice and direction in this matter. CONCLUSION: I am of the opinion that the matter at hand did require the benefit of "closed" session discussion and further that Council did site the appropnate Section 239, sub-section 2(f) Correspondence dated April 30, 2010 from JGM Consulting regarding "Closed Meeting of April 1, 2010". File: A09 Page 137 of 171 ^J of the Municipal Act. I therefore find no fault with the Municipal Council and their reliance on the "closed session" provisions. I must note that the Municipal Act gives very clear direction under Section 239, sub- section 4 with respect to passing of a resolution to close a portion of the meeting to the public. "Council must indicate the fact of holding the closed meeting and the general nature of the matter to be considered." I am of the opinion that Council could/should have provided greater clarity as to the "general nature" of the matter. I would like to thank the Municipality and st¿ff for their cooperation and assist¿nce in the disposition of this matter. Respectfully submitted JGM Consulting Correspondence dated April 30, 2010 from JGM Consulting regarding "Closed Meeting of April 1, 2010". File: A09 Page 138 of 171 ,/ ¿) T&DØnwfting c r z/,€*//y't" 54117 Best Line (RR4),,{.ylmer, Ontatio, N5H 2R3 Ph: 519-866-3930 Fx: 519-866-3798 E-mail: rthompson@changeair.com To: Kyle Kruger & Council Subject: Water Infrastructure I am the current owner of the apartment complex on32 & 36 Fulton St. in Vienna. After receiving the information letter explaining the "Water Infrastructure Renewal" I was concerned with the bold text stating, "Properties with multþle connections will receive multiple chatges". To clarify this statement, I made a phone call to Kyle Kruger. I explained to Kyle that I was the owner of 16 apartments on32&36 Fulton St. and was concerned with the wording of the letter. His explanation was that if you have 16 apartments, you have 16 connections and you will be billed at the approximate rate of $1,300.00 each. If this is the case, I will be billed $20,800.00. A bill of $20,800.00 in my opinion, is unreasonable and not affordable for a small business trying to survive in Vienna. This property is NO different than any residential property, where there is only one connection at the curb per building, NOT sixteen connections as explained by Kyle. If there were sixteen different connections and increased labour and material from the contractor to complete sixteen connections,I would then understand why I would be paying sixteen different fees . I am requesting council to review this proposed policy and billing to ensure fairness for all. There are two buildings involved, and therefore there should ONLY be billed 2 connection fees. Please contact me when you have reviewed this letter and if you need any clarification. Thanks, Rob Thompson, C.E.T. Correspondence from T & D Consulting regarding "Water Infrastructure" File: C13 Page 139 of 171 Page 140 of 171 Primary Water SupplY SYstem April 27,2010 Mr. David Caplan, MPP-Don Valley East 2062 Sheppard Avenue East Toronto, Oniario M2J 583 Lake Huron & Elgin Water Supply Systems Office 519.930.3505 Fax519.474.0451 pmcnally@london.ca http ://watersupply. london.cal t La /ô z r>ì TOn Primary Water SuPPIY SYstem c/o The CitY of London Regional Water SuPPIY Division 235 North Centre Rd, Suite 200 London, Ontario NsX 4E7 Re: B¡ll 13 - Sustainable Water and Wastewater Systems lmprovement and Maintenance Act,2010 Dear Mr. Caplan; The Lake Huron & Elgin Area Primary Water Supply Systems have several concerns with Bill 13 which has been introãuced to implement some of tf,e recommendations from the 2005 Report of the Water Straiegy Expert panel (Water Tight Report). Bill 13 will have potentially significant impacts with res[ect to the governance strùcture,'business plans, rate structures, costing and opärations to boïh of the Lake Huron Primary Water Supply System and Elgin Area Primary Water Supply System. At their respective meetings on March 4,2010, each of the Lake Huron Primary Water Supply System Boärd of Manageñrent and the Elgin Area Primary Water Supply System Board of MLnagement directed s-taff to correspond with you, Premier Dalton McGuinty, and area Members of provincial parliament, and provide comments on the Bill and outline the Boards' concerns. This letter is also copied to alì benefiting municipalities of the Lake Huron and Elgin Area water system, namely the municipalities of Bluewater, South Huron, Lambton Shores, North Middleêex, Middlesex Centre, Lucan Biddulph, Strathroy Caradoc, Southwold' Central Elgin, Malahide, and Bayham, as well as the Town of Aylmer and the cities of St. Thomas and London" Background The Lake Huron primary Water Supply System (LHPWSS) has a water treatment facility on Lake Huron and supplies treated or¡nt<¡n-g *ãt"r to eight municipalities across Middlesex County, Huron County and' Lambton County, iñcluding moıt of the City of London. The population served by thié system is approximateiy 350,000. fne Elgin Area Primary Water Supply System (EApWS-S) has a water tieatment facility on Lake Erie and supplies treated drinking water to òuu"n municipalities. The population served by this system is approximately 110,000' Together, the Lake Huron & Elgìn Area Primary Water Supply Sy_stems encompass a service arãa of approximately 5,000 rq-uur* kilometres of south-western Ontario between Lake Huron and Lake Erie. rsO 14001 Correspondence dated April 27, 2010 from Lake Huron & Elgin Area Primary Water Supply Systems regarding "Bill 13 - Page 141 of 171 Ontario Water Board Part ll of Bill 13 establishes the creation of the Ontario Water Board. lt is the opinion of the Lake Huron & Elgin Area Water Supply Systems that the establishment of the Ontario Water Board may be an unnecessary additional layer of bureaucracy with limited benefit to the provision óf municipally owned water and wastewater services in Ontario. Many of the þroposed objectives anã duties outlined in Bill 13 are in part already undertaken or could be und'ertaken within the existing regulatory environment in Ontario. The formation of the Oniario Waier Board and the costs assocìated with its operation would be an additionalfinancial burden on all municipal waier and wastewater systems. Regulated Entities Part lll of Bill 13 includes the amalgamations of water and wastewater systems. The Bill establishes a minimum number of cuêtomers wherein if the regulated entity serr/es less than 10,OOO customers, then ihe regulated entity must consider the possibility of amalgamation of those services with one cr more other regulated entities. The Act stipulates a minimum number of customers and not the minimum popuiation serued, which may present significant issues for moãfEããfäing municipalities of the water supply system as well as the Lake Huron & Elgin Area Primary ùVater Supply Systems themselves. For example, strict interpreiation of the Act may conclude that the Lake Fìuron Primary Water Supply System only has eight "customers" being the benefiting municipalities. Similarly, a rural municipality with a serviced population of 1O,0OO people actually oniy has 4,000 "customers" (assuming 2.5 persons per household service). There is a lack of clarity in this section of the Bill. Municipal Service Gorporation The 2007 revisions to the Municipat Act a'fÍord municipalities the ability to better implement "local boards", as well as implement municipal service boards and joint municipal service boards (which can be a body-corporate), as well as create a Municipal Service Corporation under the Èlusrness Corporations Àct. The expticit requirement for the formation of the Municipal Corporation for water and wastewater services under Bill 13 circumvents those authorities recently afforded under Ihe Municipat Act and the ability for a municipality to assess and implement an appropriate governance model based on cìrcumstances specific to the municipality. Further, although the regulated entity remains as the sole shareholder of the Corporation, the majority of the Board of -Directors foi tfre Municipal Corporation must be members of the public who are not members of a municipal council unless the Oniario Water Board specifies otherwise. This would to a large extent remove elected officials from the Board and the governance of the water and wastewater system, despite the fact that ultimately the liability ex1ends to those benefiting municipalities in accordance with the Safe Drinking Water Act. Miscellaneous Section 38 of Bill 13 allows for a regulated entity to delegate any of its powers and duties to a municipal corporation established uñder section 32. This may be in conflict with Section 51 of the Saie Drinking Water Ácf where rnunicipalities cannot delegate their responsibility for a water system to anyone else. -2- Correspondence dated April 27, 2010 from Lake Huron & Elgin Area Primary Water Supply Systems regarding "Bill 13 - Page 142 of 171 General Despite the lack of clarity of the Bill in various intent of the Bill is to explicitly address outstan Minister of Public lnfrastructure Renewal in 20 which may improve the appearance of iransp water and wastewater systems which merit fu this Bill was introduced without consultation with municipalities and municipal water purveyors' The government of Ontario expended significant effort to amend the Municipal Act in 2007 that proviãed municipaliti". unp"rålleled abùities and authority to govern, including provisions for iocal boards, municipal serv¡ce boards and municipal corporations, and yet the Bill circumvents those authorities and dictates the creation of municipal corporations without consultation or consideration of local circumstance. Further, it is the opinion of the Lake Huron & Elgin Area Primary Water Supply Systems that a blanket requirement of consideration of system amalgamations based on an arbitrary number-of customers is without merit and thwartá a reasoned and systematic evaluation of specific situations, on a case-by-case basis. lf you have any questions, please feel free to contact our office at your earliest convenience' Sincerely, Systems cc. Hon Dalton McGuinty - Premier Hon Carol Mitchell- MPP (Huron-Bruce) Hon John Wilkinson - MPP (Perth-Wellington) Hon Deborah Mathews - MPP (London North Centre) Hon Christopher Bentley - MPP (London West) Hon Steve Peters - MPP (Elgin-Middlesex-London) Maria Van Bommel - MPP (Lambton-Kent-Middlesex) Khalil Ramal - MPP (London-Fanshawe) Benefiting Municipalities - LHPWSS Benefiting Municipalities - EAPWSS J. Braam, Director - CitY of London Andrew Henry, Division Manager, LHPWSS & EAPWSS Paul Van Meerbergen - Chair, LHPWSS Board of Management Bob Habkirk - Chair, EAPWSS Board of Management o Correspondence dated April 27, 2010 from Lake Huron & Elgin Area Primary Water Supply Systems regarding "Bill 13 - Page 143 of 171 Page 144 of 171 f) Spriet Associates REVIEW AGENCY NOTIGE 155 York Street Phone: 519-672-4100 London, Ontario, Canada Fax:519-433-9351 N6A 148 E-Mail: mail@sPriet.on.ca To: Kyle Kruger, Administrator Municipality of Bayham 9344 Plank Road, Box 160 straffordvilleoN i: !: i r"ì NOJ 1YO Gopy: .lohn R Spriet, P.Eng., Project Engineer mail@spriet.on.ca Spriet Associates From: David Mihlik, Project Planner 519-473-7549 . mail@arvadesign.ca Subject: Municipal Class EA Project Notice to Review Agencies ELGIN COUNTY ROAD 24 (DEXTER LINE) RELOCATION PROJECT County of Elgin Gontents: . Review AgencY Notice. Project lnformation (includes Phase 2 Meeting Notice and Location Map). Review Agency Response Form lcþ This Notice is provided to advise you that a Schedule C MunicipalClass EnvironmentalAssessment (Class EA) is being undertaken for the proposed Elgin County Road 24 (Dexter Line) Relocation Project. The County of Elgin is the proponent for the proposed road relocation. Spriet Associates are project consultants. Your comments on the proposed project are invited as part of the Class EA Phase 2 consultation. For this phase of the project, a response from your office would be appreciated by FRIDAY, MAY 28, 2010. l lf you require additional information, or cannot meet this response deadline, please contact Spriet Associates as soon as possible. The attached Response Form may be used for your reply. Thank you for your assistance. Correspondence received May 12, 2010 from Spriet Associates regarding "Municipal Class EA Project Notice to Review Page 145 of 171 PROJECT INFORMATION APRIL 2O1O Elgin Gounty Road 24 (Dexter Line) Relocation Project Municipal Cláss Environmental Assessment (Phase 2) Countv of Elgin 1. CLASS EA PLANNING PROCESS The Elgin County Road 24 (Dexter Line) Relocation Project is being planned under the Municipal Class Environmental Assessment (Class EA), with the County of Elgin as Proponent' Spriet Associates are project consultants. Aflow chart showing the Class EA planning process is provided in Figure 1. The public consultation program for the projeci includes three public meetings: . March 19, 2008 (Phase 1 - preliminary meeting). May 12,2010 (Phase 2 - public meeting). Fall2OlO (Phase 3 - meeting date to be arranged) Since the 2008 preliminary public meeting, additional project studies have been undertaken, cost estimates prepared, and inquiries made regarding the availability of Provincial and Federal government funding. 2. PROBLEM STATEMENT The public response from the March 2008 public consultation favoured shoreline protection as the preferred alternative, with County Road 24 preferably to be retained in the existing location. The estimated costs for the Lake Erie shoreline protection alternative range from $32,000,000 to $51,000,000., depending on the type of shoreline protection utilized. The alternative of relocating the County road and constructing a shoreline groyne was estimated at $ 9,000,000., with relocation of the Port Burwell Secondary Watermain estimated to cost about another $1,000,000. The combined costs of relocating County Road 24 and constructing shoreline protection exceeds the financial capabilities of Elgin County for a capital works project. lt was determined that any type of shoreline protection would only be feasible with Provincial and/or Federal financial support. However both Provincial and Federal representatives have advised that no financial assistance is currently available. A related issue for funding and project approvals is that the section of Lake Erie shoreline that is subject to erosion and being considered for shoreline protection is privately owned. At the same time, further engineering studies have been undertaken, with two key findings: . Further shoreline erosion has occurred, especially in the area near the Municipality of Central Elgin / Township of Malahide boundary. Shoreline erosion is near to the point where the adjacent section of County Road24 will have to be closed. The situation is being monitored on a regular basis. . ln contrast, the rate of shoreline erosion immediately west of Port Bruce is at a significantly slower rate than previously estimated, likely as a result of the nearby Port Bruce pier structure. A new shoreline erosion projection indicates that County Road 24 can be relocated without the requirement for construction of a shoreline groyne. SPRIET ASSOCIATES - 2010.04.14 - 2031821H402.wpd Correspondence received May 12, 2010 from Spriet Associates regarding "Municipal Class EA Project Notice to Review Page 146 of 171 Given the limited financial resources available and additional technical information, County of Elgin Council approved the following Problem Statement for the project in February 2010: The section of County Road24 (Dexter Line) west of Port Bruce that is located near the Lake Erie shoreline (primarily Lots 1,2 and 3, Concession 1, Township of Malahide. And Lots 24,25,26,27, and 28, Concession 1, Municipality of Central Elgin) is subject to the hazards of shoreline erosion. A long term, cost effective solution is required that meet County of Elgin requirements and is consistent with the provisions of the Provincial Statement, 2005. The preferred solution should also be one that provides an access road to the Port Bruce community from the west, which does not cross Catfish Creek (which is subject to potential flooding), Preliminary studies indicate that the preferred solution will require the relocation of a portion of County Road 24 and / or shoreline protection. Road relocation will need to include provisions for local property access to the new road, relocation of the Port Burwell Secondary Watermain (by others) and address the closure and disposition of the existing road section. Where shoreline protection is proposed consideration is required to minimize any possible adverse environmental impacts. A permanent access route will be needed to construct and maintain all erosion protection structures, possibly requiring property or easement acquisition. The Municipal Class EA is limited to decisions for the County Road. While the ongoing erosion problems along the Lake Erie shoreline are very significant, the shoreline area is privately owned. The County of Elgin has no jurisdiction or authorization to address shoreline erosion, other than as needed to protect the County Road. ln addition, the County of Elgin is not responsible forthe relocation of existing utility services, such as the municipal watermain and electrical seryices, that are within the County road allowance but not owned by the County of Elgin. However, the existing Port Burwell Secondary Watermain is critical infrastructure that serves many communities across eastern Elgin County and therefore should be considered while evaluating any solution. 3. PROJECT ALTERNATIVES The following alternatives are being considered as part of the Class EA: 1A Relocate County Road 24 and construct one shoreline groyne for road protection. 1B Relocate County Road 24 anC construct a breakwallfor road protection. 2 Retain existing County Road 24 alignment and construct full shoreline protection. 3A Relocate County Road 24 to an existing municipal road' 38 Relocate a portion of County Road 24 to a new road alignment. 4 Close County Road 24 west of Port Bruce to County Road 36' 5 Do nothing. The preferred alternative is currently Alternative 38 - Relocate a portion of County Road 24 to a new road alignment. The next step in the Class EA planning process is to evaluate the proposed new road corridor (shown on the Location Map). Local property owners will be contacted in the nearfuture to obtain permission for property access for study purposes. The results of this corridor study will be presented at the Phase 3 public meeting, which is planned for fall 2010. SPRIET ASSOCIATES - 2010.04.14 - 2031821H402.wpd Correspondence received May 12, 2010 from Spriet Associates regarding "Municipal Class EA Project Notice to Review Page 147 of 171 FIGURE 1 EXHTBIT A.2 N{UNICIP'AL CLASS E.{ PLANNING A]\D DESIGN PROCESS ù0î'E: 'l-Ìtis llon'chutt i.t tu l>c reul iti t.ort^juut.littn',rith Port Å o/ lltt :1!utritipu! [-/¡r.rt /:-.1 PITASE 2 PHASE 3 PHÀSE 4 PI{ASE 5 NOTICE OF COMPLËTION 30 DAY PUBLIG RËVIEW flRSt PUBTIIC MEETING MAR.Il9/08 t ÏHIRD PUBLIC MEETING PLANNED FALL 201O SECOND PUBL¡C MEET¡NG MAY 12110 MUNICIPÀL ENGINEER$ ASSOCIATTON PHASE I }Fgflåiifir'"+n!trH#l'"' """Ò"..'+iJ,zrÅÊï;":iþ#,"'o..o" +'!{,ff)'l/r'#r' oc) wereuelurAnoil I cc{.1,1ÉlE côtaî{ÂcÍ Dl¡Àlvtilôs ÂNô Ì:NEER T'CCUI'€NfS 2 0[f¡{ ¡&vE$rcÉ} ôß fr^ruåÅ1,9üôtÁ! ÁqD €CúNÐì!IC !ñr,ËilililtlNT roËiliÉY rNtÀ¿Í öË åLl¿ÈnATjvE ãí5!Ë1S ôN fttlplôr{r,rüNr. Ä}!9 iltTtüATr¡1à i¡ÊasugES I fJ¡ÐF¡1NI;! IO lìlOtrES Xi¡l ST{È ?ilThrN 31 û^Ys tr NÐÍiÉtÕAitûN ft {ìËúuÊ31 Å¡j ðil06iì' A6ÉNôIES 5 På{VIOIJSLY INÍERESf€O E DIR€CIY 51ç;\rFìCAt€E S CilCilE OF Sf IËL\U{ E ruiñitFY ALìÉ9ti¡¡¡lË Sû,çf rr.ilrs 'f(l ÞtsoÉiËu ôÊ ÔÉpa:ì1!iitY il !?ft{!FY 's¡rÂca (ilr åLrEnàÀîìf[ sÖLsfroNs Ô\ l[f: qt(iRl)¡{ätT Å¡tc Urîi$,rrfs, rrtÂsu.4Es NIS/If,W ANÞ ÇÔÑ¡IRM9fÛrÐ[ ÔF sçiESuLE -+ l-l O MUNIGIPAL CLASS EA FLOW CHART s P Rt ET ASSOC TATES - 201 0.O4.1 4 - 2031 821 HA02F O 1 ELGIN COUNTY ROAD 24 RELOCATION - CLASS EA C o r r e s p o n d e n c e r e c e i v e d M a y 1 2 , 2 0 1 0 f r o m S p r i e t A s s o c i a t e s r e g a r d i n g " M u n i c i p a l C l a s s E A P r o j e c t N o t i c e t o R e v i e w P a g e 1 4 8 o f 1 7 1 Elgin County Road 24 (Dexter Line) Relocation Project Gounty of Elgin Glass Environmental Assessment PUBLIC COMMENT INVITED . PHASE 2 MEETING NOTICE A section of Elgin County Road 24 (Dexter Line) located in the Municipality of Central Elgin and the Township of Malahide, between Martyn Line and County Road 73 in Port Bruce, will require relocation as a result of shoreline erosion. A preliminary public meeting was held on March 19, 2008 to review the problem and outline potentialalternative solutions. Since then, a more detailed analysis of the problem has been completed, including preliminary cost estimates for project alternatives. Recent measurements indicate that additional shoreline erosion has occurred near the Township of Malahide and Municipality of Central Elgin boundary that is a concern for the near-term stability of County Road 24 and the Port Burwell Secondary Watermain. The County has also contacted both the Provincial and Federal governments to determine if funding is available for shoreline protection. The estimated costs for the Lake Erie shoreline protection alternative range from $32,000,000 to $51,000,000., depending on the type of shoreline protection utilized. The alternative of relocating the County road and constructing a shoreline groyne is estimated at $ 9,000,000. Watermain relocation is estimated to cost about another $1,000,000. These alternatives are only feasible with substantial funding. However, the County has recently been informed that no funding is currently available for the project. Based on funding constraints, the preferred alternative is to relocate a section of County Road 24 west of Port Bruce without shoreline protection. This alternative is now considered feasible following fu rthe r e n gineering ana lysis. The proposed project is being planned as a Schedule C project under the Municipal Class Environmental Assessment (Class EA) planning process. Public and regulatory agency input is being requested. A PUBLIC MEETING will be held on WEDNESDAY, MAY 12,2010, from 7:00 to 9:00 pm., at DEXTER HALL,44805 DEXTER LINE, Central Elgin. All local residents and any other persons with an interest in this project are invited to attend the Public Meeting. WRIITEN SUBMISSIONS are invited, and should be directed to John R. Spriet, P. Eng., at Spriet Associates. Subm issions should be received by FRIDAY, MAY 28, 2010, to be considered in the current phase of this project. For more information on this project, or to inspect a copy of the Municipal Class Environmental Assessment document, contact Spriet Associates. John R. Spriet, P. Eng., Project Engineer SPRIET ASSOCIATES LONDON LIMITED 155 York Street, London, Ontario N6A 148 PHONE: 519-672-4100 FAX: 519-433-935'l E-MAIL: mail@spriet.on.ca This NOTICE issued April 14, 2010, by the County of Elgin, proponent for the proposed project. Clayton Watters, P. Eng., Director of Engineering Services COUNTY OF ELGIN 450 Sunset Drive, St. Thomas, Ontario N5R 5V1 PHONE: 519-63'l-1460,ext.4 FAX: 519-631-4297 E-MAIL: cwatters@elgin-county.on.ca Correspondence received May 12, 2010 from Spriet Associates regarding "Municipal Class EA Project Notice to Review Page 149 of 171 48524 L¡NEJOHN WISE LOCATION MAP Elgin Gounty Road 24 (Dexter Line) Relocation Project Gounty of Elgin G lass Environmental Assessment SPRIET ASSOCIATES . 2010.04.14 CALTON LINE l.-- t'.-. _-o )U qN -o o É. = -<É. Ld 0_ ¿. IJ oÍ. R PROJECT STUDY AREA BOUNDARY (APPROX,) MARTYN LINE MUNICIPALITY OF CENTRAL ELGIN n ot. IJJJ'øO¡Of: SPARTA LIN É. !JY fo BOYNE YVILLE VIENNA ROBERTS DEXTER LINE 49227 JAMESTOWN LINE êgcnee* uNE PORT BRUCE BASE MAP: COUNTY OF ELGIN, 2004 LAKE ERIE Correspondence received May 12, 2010 from Spriet Associates regarding "Municipal Class EA Project Notice to Review Page 150 of 171 REVIEW AGENCY RESPONSE FORM Class EA Project Notice to Review Agencies Elgin County Road 24 (Dexter Line) Relocation Project County of Elgin CONTACT: Kyle Kruger, Administrator AGENCY: MuniciPalitY of BaYham SIJBJECT: This form may be used for your comments on the proposed project. Please FAX, E-MAIL or MAIL comments by FRIDAY, MAY 28,2010' SEND TO: John R. Spriet, P.Eng., Project Engineer Spriet Associates London Limited 155 York Street, London, ON NOA 148 Phone: 519-672-4100Fax: 519-433-9351 E-Mail: mail@spriet.on.ca RESPOIVSE; I This office tr No comme ct tr comments I Additional i CONTACT: Response from: Phone / e-mail: Date: PROJECT COMMENTS: Correspondence received May 12, 2010 from Spriet Associates regarding "Municipal Class EA Project Notice to Review Page 151 of 171 Page 152 of 171 Member Advisory Avis {tux membres de la Page2 of 5 Dear mayors, councillors, reeves and wardens, I want to update you on Environment Canada's proposed new wastewater treatment regulatíons. Given that these regulations could result in the largest property tax increases in Canadian history, of as much as $1,000 annually for a decade or more in affected communities, we have made this a top advocacy priority. Also, I urge you to take urgent local action as well. As you may know, in late March, the federal government proposed new regulations to govern municipal wastewater facilities. The regulations are open for public comment for 60 days, until May 19. More information can be found here http://www.gazette.gc.calrp-prlp11201012010-03- 2_OlhtñlrcSteng.html. These regulations will require upgrades to wastewater systems in some 400 municipalities across Canada, and will cost tens of billions of dollars. ln just four cities, local officials have estimated the cost of meeting these new regulations to be more than $4 billion, which is $2 billion less than Environment Canada's estimate for the entire country. While we strongly support efforts to improve wastewater treatment and protect Canada's rivers, lakes and oceans as a sector, we need Ottawa and the provinces to step up and commit to a fair and workable plan to pay for these new standards. Unfortunately, the proposed regulations have been published without any nationalfunding strategy. This means that the cost of meeting the new obligations would be, by default, imposed on municipalities and our local taxpayers. I am sure you will agree that our communities and their hard-working property taxpayers - already faced with a $123 billion municipal infrastructure deficit, which does not even include the costs of meeting these new regulations - can't afford to pay the full cost all on their own. I should add that although these new regulations do not directly affect all of us, they should be of concern to all of us. These regulations are a reflection of infrastructure challenges that all of us face, where our councils are forced to balance the need to deliver safe drinking water with the need to upgrade crumbling overpasses and insuffìcient waste water treatment and congested roads, all while collecting just 8 cents of every tax dollar paid. With these regulations, the federal government has acknowledged that there is a significant infrastructure gap in this country, and has recognized that solutions will require years to implement. Yet at the same time, these proposed regulations do not include a role for the federal government in financing the solutions. We all need to ensure that all federal leaders understand that improving local infrastructure through the hammer of regulation, without addressing the financing challenges underlying the problem, will not eliminate the infrastructure deficit at a fair and reasonable cost to taxpayers. FCM is organizing a nationally coordinated municipal response to these regulations to 5lt4/2010 Correspondence received from Federation of Canadian Municipalities regarding "Proposed New Wastewater Page 153 of 171 Page 3 of5 conv¡nce federal, prov¡ncial and tenitorial governments to dealfairly and realistically with the funding question, as well as with the more technical aspects of the proposed regulations, including, cost estimates which are far too low, and unclear performance standards and implementation sched ules. I am asking you to take up this fight locally. Attached you will find a template letter you can customize and send to your local MPs, MLAs as well as to federal Environment Minister Prentice. I have also attached a draft resolution which I would urge your councilto adopt and make public. Together we can ensure that the country moves towards properly treated wastewater and cleaner natural water bodies, without unfairly and unreasonably burdening property tax payers with massive tax increases. I urge you to take action locally to raise awareness of this issue. I look forward to seeing you in Toronto at the end of the month at FCM's Annual Conference. This issue is sure to dominate discussions there. Come out and add your voice to the debate and ensure our concems are heard in Ottawa. Please do not hesitate to contact me with questions or concems at president@fcm.ca. Sincerely, Basil Stewart President Correspondence received from Federation of Canadian Municipalities regarding "Proposed New Wastewater Page 154 of 171 DRAFT TEMPLATE Mr. Randall Meades Director General Public and Resources Sectors Directorate Environment Canada 35 I Saint-Joseph Boulevard, l3th Floor Gatineau, Quebec KIA OH3 RE: CANADAGAZETTE, PART I, Vol. 144, No. 12- March 20,2070 WASTEWATER SYSTEMS EFFLUENT REGULATIONS Dear Mr. Meades: I am writing to comment on the recently introduced national regulations related to the treatment of wastewater effluent. While we welcome and support the intent of the regulations, we are deeply concemed bytheir impact onmunicipal finances and most importantly on property taxpayers. Because of the complexity of the regulations and the statutory time constraints, we will focus our comments on two principal issues: frrnding and consultation. From a municipal perspective, the main problem with the proposed regulations is that they appear to have been developed largely as a theoretical exercise, characterized by underestimated implementation costs and hpothetical funding strategies. The reality is that these regulations, if implemented without due consideration to appropriate funding mechanisms, will add billions to an already unmanageable national infrastructure backlog. INSERT COMMT]NITY SPECIFIC PARAGRAPH IF SPECIFIC FIGURES AVAILABLE A2007 Federation of Canadian Municipalities (FCM) study set the national municipal infrastructure deficit at $123 billion. The study also probed deqler, revealing "sub- deficits" in various classes of infraskucture, with water and wastewater systems needing $31 billion, even before these new regulations. The cost estimates provided in the Regulatory Impact Analysis Staternent (RIAS) suggest that upgrading to meet the regulations would cost approximately $6 billion. This appears to be a gross underestimation of real costs. Recent media reports suggest that, taken together, just a handful of projects in communities across the country will surpass that amount. Yet, Minister Prentice's March 19 announcement of the regulations did not include any new cost-sharing program or plan to assist municipalities and property taxpayers. Correspondence received from Federation of Canadian Municipalities regarding "Proposed New Wastewater Page 155 of 171 On the contrary, the minister suggested that the federal govemment would be supporting upgrades through its existing Green Infrastructure Fund and Building Canada Fund. However, heavy draws have been made on both to pay for infrastructure projects as part of the govemment's Economic Action Plan. Both funds are now virtually fully committed. So where will the money come from to upgrade thousands of municipal wastewater systems? Unless a new funding mechanism is developed, the answer is: from the pockets of our property taxpayers. INSERT COMMUNITY SPECIFIC PARAGRAPH IF SPECIFIC FIGURES AVAILABLE ner household. Our second comment relates to the consultation process. Despite seven years of discussion by the Canadian Council of Ministers of the Environment, and another three years of studyby Environment Canada, the proposed regulations fail to address fundamental issues. They severely underestimate the true cost of upgrading wastewater systems to meet the new standards, and contain no cost-shared funding strategy. There are also important questions to answer about the technical requirements of the regulations, how performance will be monitored, and how smaller urban and rural communities, without the staff resources to implement the regulations, will comply. While we understand the normal Canada Gazette process, it is important to note that the 60-day comment period has not allowed for a complete discussion of these issues or the development of any intergovemmental strategy to address thern. In conclusion, we urge the Minister of the Environment to develop an appropriate cost- sharing plan to support implernentation of these regulations in a manner that doesn't unfairly shift the full burden to property taxpayers; and, as a first step, he commit to consult and work in parbrership with municipalities to establish a thorough and objective estimation of the frontline costs of meeting the regulations and to resolve outstanding technical and implementation issues. Respectfully submitted, Correspondence received from Federation of Canadian Municipalities regarding "Proposed New Wastewater Page 156 of 171 EMERGENCY RESOLUTION May 6, 2010 ENVlO.X.XX PROTECT PROPERTY TÆ( PAYERS BY COST.SHARING PROPOSED NEW FEDERAL WASTEWATER REGULATIONS WHEREAS Environment Canada has recently proposed draft regulations that would set a baseline standard for allwastewater systems in Canada; and, WHEREAS municipalities support efforts to improve wastewater treatment and protect Canada's rivers, lakes and oceans; and, WHEREAS these regulatíons will require upgrades to one in four wastewater systems in Canada, directly affecting over 400 municipalities; and, WHEREAS cities and communities are already facing an estimated $123-billion municipal infrastructure deficit that does not include the cost of meeting these new wastewater regulations and $115 billion more is needed to expand and build new infrastructure to serve growing populations and support economic development; and, WHEREAS the cost of meeting these new regulations in just four cities is estimated by the local authorities at more than $4 billion, which accounts for almost all of Environment Canada's $5.9 billion estimate for the entire country, suggesting that the government's estimates arelar too low; and, WHEREAS Environment Canada has proposed these draft regulations without a cost-shared funding strategy, which means that the cost of meeting these new obligations would be, by default, imposed on municipaltaxpayers; and, WHEREAS the cost of upgrading waste water systems without a cost-shared funding strategy will result in the largest property tax increase in Canadian history, resulting in an average increase of $1,000 for hundreds of thousands of households in affected communities, and/or will require displacing projects that meet other local priority needs; and, WHEREAS these regulations, although not directly affecting every community, reflect the infrastructure challenges facing every municipal government in the country, where councils are forced to balance the need to deliver safe drinking water with the need to upgrade crumbling overpasses and insufficient waste water treatment and congested roads, all while collecting just eight cents of every tax dollar paid; and, WHEREAS there are serious concerns with Environment Canada's cost estimates and technical aspects of the regulations that can not be resolved within the 60 day public comment period; and THEREFORE BE lT RESOLVED that FCM call on the federal government to work with municipalities, provinces and territories to develop a cost-shared financing and implementation plan for these new wastewater regulations, as part of a long-term national plan to eliminate the municipal infrastructure deficit. Correspondence received from Federation of Canadian Municipalities regarding "Proposed New Wastewater Page 157 of 171 BE lT FURTHER RESOLVED that FCM call on Environment Canada, as a first step in the development of a cost-shared funding plan, to commit to work in partnership with municipalities to establish a thorough and objective estimation of the front-line costs and trade-offs of meeting the regulations and to resolve outstanding technical and implementation issues. fsponsorsJ Correspondence received from Federation of Canadian Municipalities regarding "Proposed New Wastewater Page 158 of 171 THE CORPORATION OF THE MT]NICIPALITY OF BAYHAM BY-LA\M NO.2010-048 A BY-LAW TO AUTHORIZE THE EXECUTION OF AN AGREEMENT BETWEEN THE MUNICIPALITY OF BAYIIAM AND CLARINGTON CONSTRUCTION INC. F'OR CARSON ROAD BRIDGE REPAIRS IVHEREAS the Municipality of Bayham issued a Request for Tenders to undertake repairs to the Carson Road Bridge. AND WHEREAS Claringfon Construction Inc. submitted its tender dated May 10, 2010 to undertake such works. AND WHEREAS the Council of the Corporation of the Municipality of Bayham deems in necessary and expedient to accept the tender as submitted by Clarington Construction lnc. NO\il THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYTIAM ENACTS AS FOLLOWS: 1. THAT the Mayor and Clerk be and they are hereby authorized and directed to execute an Agreement between Clarington Construction Inc. and the Municipality of Bayham to complete the Carson Road Bridge repairs in accordance with the tender dated May 10, 2010, at a cost of $78,750 exclusive of taxes. 2. THAT this by-law shall come into full force and effect upon final passing. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 2OTH DAY OF MAY 2010. MAYOR CLERK By-Law 2010-048 A By-Law to authorize the execution of an agreement (Clarington Construction Inc.) Page 159 of 171 Page 160 of 171 TIIE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2010-049 BEING A BY-LAW TO AUTHORIZE TIIE MAYOR AND CLERI( TO EXECUTE A¡[ AGREEMENT \ilITH A.G. HAYTER CONTRACTING LTD. F'OR THE PROVISION OF DRAINAGE WORKS FOR TIIE SMITH DRAIN BRANCII NO. 7 IN TIIE MT]NICIPALITY OF BAYHAM PURSUANT TO PROVISIONS OF TIIE DRAINAGE ACT, CIIAPTER D.17, R.S.O. 1990 AS AMENDED. WIIEREAS the Council of the Municipality of Bayham deems it expedient to authorize the Mayor and Clerk to enter into and execute a contract on behalf of the Municipality, for the provision of drainage works of the Smith Drain Branch No. 7 based on and in accordance with the terms and conditions of the tender accçted; AND WIIEREAS the Corporation of the Municipalityof Bayham (the "Municþality'') desires to enter into an agreement with A.G. Hayter Contracting Ltd. for construction of the Smith Drain Branch No. 7 in accordance with the Contract as prepared by Spriet Associates; THEREFORE the Council of the Corporation of the Municipality of Bayham enacts as follows: THAT the Municipality enter into and execute an Agreement with A.G. Hayter Contracting Ltd. for construction of the Smith Drain Branch No. 7 in accordance with the Contract attached hereto as Schedule"A" and formingpú of this By- Law; TIIAT the Mayor and the Clerk of the Municipality are hereby authorized and directed on behalf of the Municþality to execute all documents as may be required to give effect to these presents. TIIAT this byJaw shall come into full force and effect upon final passing. READ A FIRST SECOND AND THIRD TIME AND FINALLY PÄSSED TIIIS 2OTH DAY OF MAY 2OIO. Mayor 1. 2. 3. Clerk By-Law 2010-049 A By-Law to authorize the execution of an agreement (A.G Hayter Contracting Ltd.) Page 161 of 171 Page 162 of 171 THE CORPORATION OF THE MTJNICIPALITY OF BAYHAM BY-LAW 2010-050 BEING A BY-LAW TO STOP UP, CLOSE AltD COIIVEY PART OF THE TJNOPENED ROAD ALLOWANCE BET\ilEEN LOTS 10 AND 11 CONCESSION 3, BEING PARTS 1 AND 2 PLAN 11R.9217. WHEREAS Section I I of the Municipal Act, 2001, S.O. 2001, c.25 as amended provides that a lower tier municipality may pass by-laws respecting Highways, including parking and traffic on highways; Ai\D WHEREAS Section 8 of the said Municipal Act provides tlnt amunicipality has the capacity, rights, powers, and privileges of a natural person for the purpose of exercising its authority under this or any other Act; AND WHEREAS Section 34 Q) of the said Municipal Act provides that a by-law permanently closing a highway shall not be passed without consent of the Government of Canada if the highway abuts on land, including land covered bywater, owned by the Crown in right of Canada; Al[D \üHEREAS consent of the Government of Canadapursuant to Section 34 (2) of the Municipal Act,200l, S.O. 2001, c.25 has been received by letter dated February 22,2010; 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 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 between Lots 10 and I I in Concession 5, designated as Parts I and2 on Plan IIP.-9217, and to convey such parts to the adjoining land owners. THEREFORE THE COTMICIL OF THE CORPORATION OF THE MTJNICIPALITY OF BAYHAM ENACTS AS FOLLOWS: 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 between Lots 10 and l1 Concession 3 in the Municipality of Bayham, County of Elgin, (Geographic Township of Bayham), designated as Parts I and2 on Plan llR-9217, be and are hereby closed and stopped up. 2. THAT part of the said unopened road allowance described as Part of the road allowance between Lots 10 and 11 Concession 3, in the Municipality of Bayham, County of Elgin, (Geographic Township of Bayham), designated as Parts I on Plan IIP.-9217 shall be conveyed to Underhill Farms Ltd for consideration in the amount of $9730 plus reimbursement of legal, advertising, survey, and appraisal costs. By-Law 2010-050 A By-Law to stop up, close and convey part of unopened Road Allowance (Lots 10 & 11, Concession 3) Page 163 of 171 3. TFIAT part of the said unopened road allowance described as Part of the road allowance between Lots 10 and l1 Concession 3, in the Municipalþ of Bayham, County of Elgin, (Geographic Township of Bayham), designated as Part 2 on Plan llR-9217 shall be conveyed to Jean Chaleyssin for consideration in the amount of $4445 plus reimbursement oflegal, advertising, survey, and appraisal costs. 4. 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. 5. THAT this byJaw shall be registered in the Land Registry Ofñce for the Registry Division of Elgin, (No. 11). READ A FIRST, SECOND AI\D THIRD TIME AllD FINALLY PASSED this 20th day of May,2010. MAYOR CLERK By-Law 2010-050 A By-Law to stop up, close and convey part of unopened Road Allowance (Lots 10 & 11, Concession 3) Page 164 of 171 THE CORPORATION OF THE MUNICIPALITY OF'BAYHAM BY-LAW NO. 2010-051 BEING A BY.LA\ry TO AMEND BY.LAW 2()1O-O()1 A BY.LA\ry APPOINTING MEMBERS TO BOARDS A¡ID COMMITTEES OF THE MUNICIPALITY \ilHEREAS the Council of the Municipality of Bayham did by By-law 2010-001 appoint persons to Boards and Committees for the purposes of the Corporation; \ilHEREAS the Council of the Corporation of the Municþality of Bayham did by By-law 2010-030, 2010-039 and 2010-042 amend suchby-law; AND WIIEREAS the Council of the Corporation of the Municipality of Bayham deems it necessary to further amend such by-law; NO\il THEREF'ORE THE COI'NCIL OF'THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENÄCTS,4.S FOLLOWS: 1. TIIAT the name Andy Eveland be added as a mernber of the Cenotaph Committee; 2, TIIAT in all other respects, ByJaw 2010-001 as amended, is hereby confirmed and remains unchanged; 3. TIIAT this by-law shall come into force and take effect upon final passing. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 2OTH DAY oF MAY 2010. MAYOR CLERK By-Law 2010-051 A By-Law to further amend By-Law 2010- 001 (Appointing Members to Boards and Committees) Page 165 of 171 Page 166 of 171 THE CORPORATION OF THE MT'NICIPALITY OF BAYHAM BY-LAW NO.7.579-2010 MOORE BEING A BY-LAW TO AME¡ID BY-LAW No.7A56-2003, AS AMEI\IDEI) WHEREAS the Council of the Corporation of the Municipality of Bayham deerns it necessary to amend ZnfugBy-law No. 2456-2003, as amended; THT'.REFORE, the Council of the Corporation of the Municipality of Bayham enacts as follows: 1) TIIAT ByJaw No. 2456-2003, as amended, is hereby further amended by amending Schedule "D", Map No. 2, by deleting from the Hamlet Residential (Ifi) Zone and adding to the site-specific Hamlet Residential (IIR-S þl) Zone, those lands which are outlined in heavy solid lines and marked HR-5 [h] on Schedule "A" to this By-law, which schedule is attached to and forms part of this By-law. 2) TIIAT Bylaw No. 2456-2003 , as amended, is hereby further amended by adding the following new subsection to section 12.4 - Exceptions - Hamlet Residential (tIR) Zone: ,rw. 12.4.5.1 Defined Area HR-5 (h) as shown on Schedule *4", Map No. 34 to this bylaw; 12.4.5.2 Minimum Lot Frontase 0.0 metres 12.4.5.3 Holdine Provisions The holding "h" provision may be removed upon: a. Legal access to the lands th¡ough a registered easement on the abutting westerþ lands; and b. A development agreement with the Municipality for the provision of a suitable driveway location, and the provision of municipal services." 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 Plarming Act and regulations pursuant thereto, upon the expiration of the prescribed time; or By-Law Z579-2010 A By-Law to further amend By-Law Z456- 2003 (Moore) Page 167 of 171 2579-2010 Moore Page2 b) Wherenotice ofobjectionhasbeenfiledwiththeMunicipal Clerkwithinthetimeprescribed by the Planning Act and regulations pursuant thereto, upon the approval of the Ontario MunicþalBoard. READ A FrRST TIME THIS 20d'DAY OF May 2010. READ A SECOND TIME THIS 20ú DAY OF May 2010. READ A THrRD TIME ANID FTNALLY PASSED THIS 20ú' DAY OF May 2010. MAYOR CLERK By-Law Z579-2010 A By-Law to further amend By-Law Z456- 2003 (Moore) Page 168 of 171 This is Schedule "A" to By-low No. 2579-2010, possed ihe 20th doy of Moy 20'10 I/AYOR CLERK MAP No. 2 EDEN t@1 By-Law Z579-2010 A By-Law to further amend By-Law Z456- 2003 (Moore) Page 169 of 171 Page 170 of 171 THE CORPORATION OF THE MUNICIPALITY OF BAYIIAM BY-LAW NO. 2010-052 A BY-LA\M TO CONFIRM ALL ACTIONS OF THE COUNCIL OF THE CORPORATION OF THE MT]NICIPALITY OF BAYHAM FOR THE REGULAR MEETTNG rrELD MAY 20,2010 WIIEREAS under Section 5 (l) of the MunicipalAct,2001 S.O. 2001, Chapter 25,the powers of a municþal corporation are to be exercisedby the Council of the municipality; AND WHEREAS under Section 5 (3) of the Municipal Act, 2001, the powers of Council are to be exercised by by-law; AND \üIIEREAS the Council of the Corporation of the Municipality of Bayham deems it advisable that the proceedings of the meeting be confirmed and adopted by byJaw. TIIEREFORE TIIE COT]NCIL OF THE CORPORATION OF THE MT]NICIPALITY OF BAYIIAM ENACTS AS FOLLOWS: 1. THAT the actions of the Council of the Corporation of the Municipality of Bayham in respect of each recoÍrmendation and each motion and resolution passed and other action by the Council at the regular meeting held May 20,2010 is hereby adopted and confirmed as if all proceedings were expressly embodied in this by-law. 2. TIIAT the Mayor and Clerk of the Corporation of the 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 TIIIRD TIME and finally passed this 20th day of Ma¡ 2010. MAYOR CLERK By-Law 2010-052 A By-Law to confirm all actions of Council Page 171 of 171